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MONTE LEEPER How do we stop a developer? Q. Behind my home is a large property with a very old, historic home on it. A contractor bought the property, since the home is aban- doned, and wants to build three houses, but the neighbors feel it will cause overcrowding, the new houses will be ugly developer houses,.and our views will be spoiled. We're very concerned that our board will let him get away with it because it's really political and about the money (taxes) more than it's about our neighborhood's appearance. How can we stop this? We don't want it, and shouldn't the voices of the many around the property have more weight than the one voice of a developer? A. It's not about whose ASK Tn6 voice is the loudest, or Architect how many voices you can get. The situation . has many facets that your zoning board has to consider. Those zon- ing laws require the board to consider sever- al characteristics of the site, the impact on the owner, whether the case presented is based on a self-imposed hardship or one imposed by some ^^^^^^^^™\\ outside source, whether the decision to grant the request will impact the health, safety or welfare of the surrounding proper- ties, neighborhood or the community and to what extent it benefits the property owner. You do have rights, just as the developer does, but emotional issues are only part of the pic- ture. To make your opposition meaningful, follow the specific guidelines that the board has to follow, and hire professionals who can be sworn in as qualified witnesses for your presentation. For example, if you • say to the board that the new homes will lower your property values, the testimony will be considered on an emotional level only, since you are not sworn in as an expert who has presented credentials and been qualified to give expert testimony If a real estate expert appears, with facts, figures and a professional study to make the same statement, the weight of your argument, stated by your hired professional, is taken as facts relevant to the case, with proof. The same goes for a legal expert (attorney), a traffic expert, an architect, etc. Only on television or in movies does a scriptwriter take liberties to make it look like you can just say anything and convince a board. You may be right in everything you do and say, but guidelines are required to be followed. The issues of the case aside, it's possible that the policy of a jurisdiction is to allow development due to circumstances you may have no part in. For example, storm-related recovery, includ- ing raising homes to much higher levels, has caused some decisions to allow for much greater heights than ever before, but, again, this issue is based on a hardship imposed beyond the property owner's con- trol. Get facts together from your jurisdiction, hire professionals and improve your case. Good luck! ©2014 Monte Leeper Readers are encouraged to send questions to yourhousedr@aol.com, with \Herald question\ in the subject line, or to Herald Homes, 2EndoBlvd., Garden City, NY 11530, Attn: Monte Leeper, architect. .