It doesn’t mean that you just have a lot of privacy. It doesn’t mean that you can automatically sub-divide your lot and sell it off for a fortune. It doesn’t mean that you have plenty of yard … so you can of course put a big addition on your home.
Instead it means that in your building zone, established by the Town Planning and Zoning Commission, you have a lot that is larger than the required minimum lot size which makes it more valuable. Over the years, Town departments have put more and more restrictions on what owners can do to their property. Initially there were setbacks from the property lines; then came minimum lot sizes to be sure that a lot had enough land to support a home, a septic system to support the number of bedrooms in the home, and possibly a well; and then the maximum size home that could be built based on the building zone and lot size. Along the way a Wetlands Department was formed with its own rules and setback requirements based on the different types of wetlands and of course the additional setbacks and restrictions based on flood zones that get re-evaluated every few years. Definition changes enacted each year, sometimes tightened the regulations and sometimes have provided an exception to the existing rules for an upcoming project, The Affordable Housing projects have been causing a stir in some neighborhoods when these projects, seeking building approvals that exceed the existing local Planning and Zoning rules, are opposed by neighbors that fear the new project will increase nearby congestion.
In residential neighborhoods, owners wishing to add to their home or builders wanting to consider buying a lot to build to the max, will need to get the survey of the property and know which building zone the property is in. It is also important to see if there are existing deed restrictions that could limit what could be done. Newer Green Space rules and charts will list the current coverage of the property and estimate what remains available for structures, driveway, pool, court or terraces.
Under-sized properties may already be maxed out. For further additions, the owner will need advice from an architect or land expert for recommendations on how to proceed and may ultimately need an attorney to seek a variance. They will need to prove a hardship to the Appeals Board to get a variance.
Sometimes neighbors will buy excess property from an abutting neighbor with an over-sized lot to fulfill the required Floor Area Ratio (FAR) or Green Space to make changes. Also the abutting neighbor must still remain with at least the minimum lot size, setbacks and green space required for their zone. For this transaction to occur, proposed surveys showing the changes, revised lot descriptions shown in their deeds would need to be written and approved by the lenders, and the assessor would adjust the land values in the records.
