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Floor Area Ratio and Residential Property

By Doug Cornelius

Floor Area Ratio has longed been used as a way regulate building density under zoning laws.  The owner of the property can choose to build a short building on most of the property or a taller building on less of the property. Although Floor Area Ratio has been used to regulate commercial properties, there was some uncertainty as to whether you could use it for single family residential property in Massachusetts. Floor Area Ratio restrictions is one way to limit McMansions. In the case of 81 Spooner Road LLC v. Town of Brookline (SJC-10104), the Massachusetts Supreme Judicial Court ruled that towns and cities can use Floor Area Ratio to regulate the density of single-family residential properties. The uncertainty comes from M.G.L. c.40A, §3 that provides in part:  "No zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building ...continue to full post

Full post as published by Real Estate Space on August 11, 2008 (boomark / email).