Neighbor's zoning relief - should I be concerned?

[HA HA Budys Here]

Unless you apply for a variance and get a building permit, then renew the permit each time it is about to expire.

Before my township changed the zoning laws to disallow any residence on a lot smaller than 50' in front yard width, hundreds of landowners went and got building permits, and must to renew them every year.

[L. M. Rappaport]

On 28 Dec 2003 07:45:13 -0800, in alt.home.repair you wrote (with possible editing):

Banty,

I'm currently a Selectman in our town and have been either a member or the Chairman of our Planning Board for 20 years. That gives me the authority to say that Planning Board policies vary wildly from State to State and even from Town to Town! Without seeing a copy of your regulations, it's impossible to advise you technically, but keep these considerations in mind:

1. ALWAYS attend a hearing. In most places, you cannot object later if you do not attend.
2. It sounds like there will be no significant impact on your property. One fellow mentioned the possible chain of events which might ensue, but you can determine whether any of them can occur without a noticed hearing. In a lot of places, ANY action before a Board of Adjustment MUST be preceded by both public notices and certified letters to abutters.

If you indeed have no objections, you should still attend. You should express your opinions both pro and con. If your neighbor were really a good neighbor, he should have discussed it with you prior to filing an application, but regardless, you need to go on the record with your opinion.

1. In the event that you did object, (again, I don't know the regulations existing in your area) and the permit is granted, that is usually not the last appeal. You can usually challenge the ruling in court. In NH, the court is probably evenly divided in supporting ZBA's (Zoning Board of Appeals) and it depends rather significantly on the procedure they follow.

Personally, I agree with the fellow who said that good neighbors are hard to find - if his garage doesn't affect you (and it certainly sounds like it doesn't), support him and you'll make an even better friend.

[Banty]

Update on the hearing - it was tonight and I attended. Our matter was first on the agenda (yay!) and I and the neighbor were the only ones there for this particular item. He showed me more of the plans from his contractor. Nice plan. $$$$$ But anyway, after the neighbor's presentation to the board, a board member called for any voice of support and opposition. I spoke up (my neighbor had already mentioned that I was the directly adjoining neighbor) about the two concerns: 1. That the remaning distance between our property line and his new addition be kept to passive use only. Result: no problem (I don't think it would have been a problem anyway, but nice to make it explicit). 2. That this not impact my future plans to build in that direction for a garage. Result: A town board member assured me that it would not impact that. The town secretary asked my name and address, and imput it into her record (I'll get a copy later - actually I think it's posted on the web.) All board members voted "yea", and the neighbor and I walked out. Total time - about 10 minutes.

Thanks, all, for your inputs. I came in feeling quite prepared and I think it was very wise to show up to support the neighbor to get a couple brownie points with him, but also to make my interest in my property visible to him.

Cheers, Banty

[HA HA Budys Here]

Glad everything worked out for ya.

[Edwin Pawlowski]

Good for you. You did your homework, supported the neighbor and you feel good about it. What you don't know is the future. You may need the help of your neighbor some day and he will be inclined to return the favor. Ed [e-mail]

[Frogleg]

Good point. So many property questions that come up here and in other groups result in suggestions, sarcastic or not, for malicious and destructive action. If you're going to be living side by side for the next 20-30 years, the value of friendly relations can't be exaggerated, even if sometimes difficult to achieve.

[Des Perado]