[Massplanners] Friday Afternoon Q - HUD/Mortgage required zoning verifications?

[Richard Harris]

My practice when I was working for South Hadley was similar to Dan's. Even
with the responses, they were "as of the date of the response". There were
a few properties which received a Zoning Verification multiple times over a
10-15 year period - depending on how often it flipped or ws refinanced.
They would also ask for copies of Special Permits and Variances which had
been granted - if they were available, I provided the copies. And, I would
copy the Building Commissioner and often refer them to the Building
Commissioner for particular questions.

Thank you

Richard Harris, AICP
PDR, LLC
Planning Consultant
413-335-5012


On Fri, Feb 16, 2024 at 2:41 PM Daniel Fortier via MassPlanners <
massplanners at masscptc.org> wrote:

> My practice was to answer the direct ZBL responses, district and how long
> they have to rebuild if destroyed if it was proven to be the vested
> structure.  We do not know if the house that exists is exactly what was
> permitted so without an up to date  survey we cannot answer anything else.
> So, in the end only verifying zoning district.
>
> Dan Fortier,  AICP
> Retired Planner
>
> On Fri, Feb 16, 2024, 1:24 PM Alicia Hunt via MassPlanners <
> massplanners at masscptc.org> wrote:
>
>> Hi,
>>
>> I’m wondering how other communities handle these requests. I’ve seen
>> these requests from other lenders, in this case we’re being told that HUD
>> is requiring this information:
>>
>>
>>
>> *Zoning Information Request** - *
>>
>> *I am requesting zoning verification (what is the property zoned, can the
>> property be rebuilt as is if destroyed, is the property legally
>> conforming/legally non-conforming.)*
>>
>> **Please confirm any zoning violations or maps available**
>>
>>
>>
>> ****This information is* URGENTLY *needed and* REQUIRED *by *HUD.***
>>
>>
>>
>> As the City Planner I refer these to the Building Commissioner because he
>> is the zoning officer in Medford.
>>
>> The Building Commissioner doesn’t like to respond, but points out the
>> request can submit a FOIA request for the file, but that several of the
>> answers are much more complex than the lender realizes, and would take
>> significant effort to answer.  Some of them may also be conditional.
>>
>> I also note that some of the answers are actually meaningless to the
>> lender.  “what is the property zoned” for example: how would they know what
>> Commercial or Single-Family 2 means in our community, without a thorough
>> review of our zoning? Even whether or not it can be rebuilt in the event of
>> a fire is “yes, under certain conditions”
>>
>>
>>
>> How is this handled elsewhere? Does anyone know what happens if they just
>> don’t get an answer?  Can they not refinance? Does it make their rates go
>> up?
>>
>>
>>
>> Thanks,
>>
>> Alicia
>>
>>
>>
>> Alicia L Hunt
>>
>> Director of Planning, Development & Sustainability
>>
>> City of Medford
>>
>>
>>
>> She/her
>>
>>
>>
>> City Hall, Room 308
>>
>> 85 George P. Hassett Dr.
>>
>> Medford, MA 02155
>>
>> Ahunt at medford-ma.gov
>>
>> (w) 781-393-2480
>>
>>
>>
>> http://www.medfordma.org/planning/
>>
>> http://gogreenmedford.org/
>>
>> Twitter: @GoGreenMedford
>>
>> https://www.facebook.com/GoGreenMedford
>>
>>
>>
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>>
>>
>>
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