condo conversion, the 100 years building's FAR is over zoning FAR

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condo conversion, the 100 years building's FAR is over zoning FAR

Xiaowen Yang
Investor · Belmont, MA · Member since 2015 · 4 posts · 1 vote

Hi Everyone, I am trying to buy a 100 years old property in Boston and do a condo conversion. But the property's FAR is way over current zoning code. In that case, can we still do condo conversion or has to get rid of some sqft and follow the current zoning code? 

Thanks

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Nick Foundas
Natick, MA · Member since 2013 · 86 posts · 47 votes
7y

I have not dealt with Boston but in my opinion the use is still multi family, you arent really changing the zoning. In terms of FAR, you should be grandfathered in and shouldnt have to reduce sq footage. If you were tearing the house down and building new construction then you would need to follow current code. Again I'm not 100% certain if this is the case for Boston but a meeting with the City is still the best bet to get a definitive answer.

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  • Paul Bergagna
    Member since 2018 · 42 posts · 31 votes
    7y

    I'm sure some people with better experience will chime in, but I'm not sure that there is a straight answer to this.  From my experience, in most municipalities, any change in use, would result with you having to comply with the current codes.  That being said, I have never dealt with Boston, but I would assume that they would be strict, unless you were providing some kind of concession (perhaps an affordable housing component) in exchange for a variance.  

    Best thing to do - make an appointment at Boston P+Z, sit down with a Planner for guidance and educating yourself first hand.

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  • Xiaowen Yang
    OP
    Investor · Belmont, MA · Member since 2015 · 4 posts · 1 vote
    7y

    Hi Paul , 

    Thank you so much for the feedback.  That's what I am guessing. Definitely will talk with the planner there.

    Best,

    Xiaowen

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  • Nick Foundas
    Natick, MA · Member since 2013 · 86 posts · 47 votes
    7y

    I have not dealt with Boston but in my opinion the use is still multi family, you arent really changing the zoning. In terms of FAR, you should be grandfathered in and shouldnt have to reduce sq footage. If you were tearing the house down and building new construction then you would need to follow current code. Again I'm not 100% certain if this is the case for Boston but a meeting with the City is still the best bet to get a definitive answer.

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  • Xiaowen Yang
    OP
    Investor · Belmont, MA · Member since 2015 · 4 posts · 1 vote
    7y

    Hi Nick, 

    Thanks for the hint. Should I talk with a zoning lawyer? Is this an overkill? 

    Best,

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  • Lien VuongBusiness Member
    Real Estate Agent · Boston, MA · Member since 2018 · 2k+ posts · 1k+ votes
    7y

    A zoning attorney will most certainly help assess the property for you and figure out its best use. It is not 'overkill' as his advice will help you proceed to the next phase of planning or let you know that you've made an education decision to walk away. I just did a consultation with an attorney and they helped my client and I to figure out the highest and best use for a piece of land in 45 minutes. Money well spent!

    @Nick Foundas is correct, you're not really changing the use. There's different strategies you can do to keep the structural integrity of the building while still going forth with your condo plans. You will likely have to require and replumb the property anyways so those items will need to be up to current code. You will likely be able to work with pre-existing building under the FAR that was granted originally.  All the condo projects I have been apart of has followed these guidelines. 

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