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The Issue

A fellow AR member recently wrote a blog indicating that new development in her area (Edina, MN) is a big problem. What am I referring to here? Who would oppose new construction? Don't we all want our economy to grow? Doesn't a property owner have the right to do whatever it is he/she wants to do on his/her property as long as it's legal?



Therein lies the problem. Sometimes greed and money-hungry construction can lead to poor development plans if the interested persons (See: Developers) are left unchecked by the local government (Town Council, Planning Board, Zoning Board, etc). This, in turn, can lead to an about-face in the character of any neighborhood. Case in point:
Edina, MN


This is a huge problem all over the country. For local Rhode Island residents, the result is quite obvious when you see what they're doing to all of the coastal cottages. Drive down to the areas that were once overrun with the typical "quaint" seaside cottages. Nowadays you will see a small street lined with apples and oranges (a small cottage, a huge 8-bedroom 4-bath McMansion montrosity, a couple more cottages, a couple more Mc-Mansions, and so on). Caution: You may become ill at such a sight.



Then again, property rights advocates will argue that it is the owners' right to do whatever is allowed by the local agency. I tend to disagree. But it's not up to me. Luckily, it's not up to the developer either. If you want to preserve the rural character of your neighborhood, you MUST hold your town council, planning, and zoning boards accountable. A comprehensive plan is a good first step. Attending your town meetings is another necessity if you want to preserve character or initiate a comprehensive community plan. After doing the same for numerous clients, I recently assisted neighbors with stopping a condo complex from being built in my own neighborhood! It can be done!!! You just have to make your voice be heard in the community.

What is a Comprehensive Plan?
A comprehensive plan is an official long range policy statement traditionally adopted by the Town or City Council. It is a major component of the planning process for the municipality as it guides the long-range, comprehensive decision making process involving primarily physical development and those actions expected to influence development in the long-term. A comprehensive plan contains goals, objectives, policies and guidelines for growth and redevelopment for the municipality.

Interested in Real Estate? Start with an Attorney. Call me at 401.921.5114, extension 17.
Richard M. Bianculli Jr., Esq.
Supreme Title and Escrow, Inc.
171 Service Ave, Bldg 2, Suite 302A
Warwick, RI 02886
E-mail me at rbianculli@supremetitleri.com
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6 Comments on New Construction and Development a Problem? Here's What Can You Do To Stop The Madness!

Richard, I'm an advocate of allowing "highest and best use" and as an investor I like to effect change to a higher use. It's all about the zoning and the general plan. I don't swim upstream. If the general plan (forward looking) is not supportive of what I want to do then I look elsewhere.

These "cry babies" (your video) needed to be a little more proactive if they wanted to preserve the "flavor" of their neighborhood. There is a cost associated with non-development. They need to be willing to pay that cost, not just cry about it.

Bill Roberts

10/30/2007 11:25 AM by Bill Roberts - "Baby Boomer" Retirement Planning (Brooks and Dunphy Real Estate)


Bill:  I agree.  "Highest and best use" is a good position to take.  I just wanted to link to the video to show folks what can happen.  Residents should always be proactive.  Point well taken.  :)

10/30/2007 11:36 AM by Martinelli Caputi & Associates, Ltd. (Martinelli Caputi & Associates, Ltd.)


Richard As well as being a managing Broker I also teach Real Estate Principles at the local community college here in Charlottesville, Virginia. I hope you don't mind if I use your illustration for my class.  I am always looking for up to date material to keep my class presentations fresh. 

Thanks Again

10/31/2007 07:47 AM by Dave Shockley Charlottesville Virginia Real Estate (Real Estate III)


Dave:  Feel free to use this information.  Action starts with education!  :)

10/31/2007 08:40 AM by Martinelli Caputi & Associates, Ltd. (Martinelli Caputi & Associates, Ltd.)


Nice to see an attorney take the time to blog, usually this kind of info cost me 200.00 per hour!!

My wife works for an attorney and does the title work and closings..but you never know..could have a client in your area...I will continue to watch your posts ...very informative

11/07/2007 09:27 PM by Mike Norvell Sr., Developers Capital Realty (Developers Capital Realty, LLC)


Mike:  Thank you for the comment!  I would love to develop a good relationship with a Florida professional like yourself!  :)  I will also try to refer business your way.  :) 

11/08/2007 01:17 PM by Martinelli Caputi & Associates, Ltd. (Martinelli Caputi & Associates, Ltd.)


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Real Estate Attorney: Martinelli Caputi & Associates, Ltd. (Martinelli Caputi & Associates, Ltd.)
Martinelli Caputi & Associates, Ltd.
Warwick, RI
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Martinelli Caputi & Associates, Ltd.

Office Phone: (401) 921-5114 Ext.: 17
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