Zoning and Land Use

Working with clients and consultants, we build a team approach to secure permits from federal, state and local authorities, including compliance with zoning and subdivision control regulation, environmental reviews before the MEPA Office, the Natural Heritage & Endangered Species Program, among many others. Where necessary, we pursue or defend zoning and other land use permit appeals in hearings or state court.

Representative Matters

  • Successfully defended a casino developer in Land Court against an abutter challenge to the zoning for the project and the proposed dimensions of the Casino Overlay Zoning District.
  • Obtained a Land Court judgment overturning a zoning board’s revocation of permits for 35 MW biomass power plant project.
  • Defended golf course developer against abutters’ appeal in Superior Court of zoning approvals for $40M redesign of golf course and club house.
  • Obtained state agency approvals for ski area operator’s reuse of historical cabin within state park property.
  • Helped multiple solid waste and recycling facility owners obtain zoning permits for development or expansion of facilities.
  • Advised solar and wind developers concerning zoning compliance and appeals.
  • Negotiated deed and conservation restrictions to facilitate development or preserve property rights.
  • Defended biomass power plant against Public Health Council attempt to require noisome trade site assignment.

News

In the September 14, 2015 issue of Massachusetts Lawyers Weekly, Tom and Peter provide their opinion on recent judicial efforts to undermine the legislature’s intent in passing the Permit Session Statute.  Click here for a link to the full article.

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