Tom Kelly: Keeping the peace while slicing up your getaway property

If you are taking the offseason to figure out the best way to slice off a piece of your vacation property for the kids or sell a section to a longtime neighbor, go about it with savvy and charm.

The keys to potential success – and keeping your peaceful getaway peaceful – are understanding what you originally purchased, staying current on ever-changing land-use legislation, and communicating civilly, politely, respectfully and amicably with neighbors and local county decision-makers. The “how” you go about dividing, or adding, can absolutely be as valuable as the “when.”

For example, let’s say your 5-acre waterfront cabin retreat has been rezoned so that 2.5-acre parcels now qualify for a building site. You sell your home in the city and move into the cabin and use it as your primary residence. You may not wish to divide your property, but it usually makes sense to research what is possible. That way, if you decide at some future date to sell all or part of the parcel, you can show the potential buyer that your property is/can be two separate and independent pieces of property.

Remember that local zoning ordinances can change faster than federal tax guidelines. What is dividable or adjusted today may not work tomorrow – for a variety of reasons ranging from too much or too little water, endangered species and basic lot size.

If you do choose to divide, and are successful in the subdivision process, you could easily find that the market value of your 2.5-acre second lot far surpasses what you originally paid for the entire 5 acres.

Before you pull out your checkbook and begin paying for professionals to help subdivide your property, here are 10 basic questions to ask any Planning Department.

1. Will the proposed division require a public hearing or planning board approval?

2. How does an applicant get on the agenda for the next meeting?

3. Will the jurisdiction require a survey of the entire lot prior to any divisions?

4. How many months does it take to receive subdivision approval?

5. What are the minimum lot requirements?

6. Where would you obtain a water availability letter? This indicates where the water source is (public water source, individual well, or community well).

7. What is the minimum (square feet) buildable lot area?

8. What areas are not allowed to be counted in a buildable lot? (easements, wetlands)

9. What common restrictions will be imposed by the jurisdiction on the proposed new lot?

10. If the proposed new lot is not adjacent to a public road, what is the minimum right of way width required to access the new lot?

Friendly neighbors are valuable assets. They can offer their experiences at city hall, and point you toward or steer you away from specific officials in that often-overwhelming place.

Yet be prepared – remember most people detest the idea of change. No matter how conscientious you are, there will still probably be some grumpy responses. Remain calm, ensure them that you are working through proper channels, and tell them you will be around to make sure the project has the least negative impact on the neighborhood.

Neighbors will naturally be very curious about what you are doing and how it will impact them. Getting as much information as possible from the city first will help you when discussing the details with your neighbors. By the way, the city WILL post a public notice when the subdivision is pending. Therefore, it is wise to talk to your neighbors before this step.

Otherwise, the natural response will be a negative – they could compare your goal of creating an extra residential building lot with bringing a busy strip mall to their backdoor. Unless you are open and above board, they will think you were trying to pull this off while they were away for a family wedding. When the public hearing rolls around, be prepared to hear every conceivable reason why you should not proceed with this property division from angry people who lack information.

And, don’t be surprised if you discover that some of your neighbors have contemplated doing this themselves. You may have done all of their research for them! They will want all your advice as they explore a similar process.

You’ve heard it before: To have good neighbors, you have to be a good neighbor. That involves becoming active in the community, meeting other people with similar interests, and offering a helping hand. If you are thinking of subdividing a property, take your time to do the research. And, when in doubt, be nice – especially to your neighbors.