Phillips & Angley

A denied building permit is not the end of your options

Boston is a historical city, and there are dozens of important historical sites and old valuable properties scattered across the city. Because of this, the city authorities uphold a strict zoning code in order to protect the history of Boston, the integrity of neighborhoods and the preservation of certain buildings.

Due to the strict nature of Boston zoning codes, it is quite common to apply for a permit for new construction, remodeling project or the repurpose of a building for your business, only to receive a denial. This is an understandably frustrating setback, but if an inspector, landowner or zoning enforcement officer is working against you, you have options.

Should you fight back against a zoning enforcement action?

A zoning enforcement action can work directly against your business goals. As a business owner, operating in a safe, functional space may be a critical component of your success, but one minor flaw or misguided recommendation of an inspector can be detrimental. Knowing what to do next can be confusing, but you may fight back if any of the following apply to your situation:

  • Despite meeting requirements, you received a denial of your requested building permit
  • Another property owner is preventing you from moving forward with your plans
  • An enforcement officer failed to initiate an enforcement action that you requested

These are complicated matters, yet an effective and timely resolution is essential for the well-being and success of your business operations. Successfully navigating appeals, zoning concerns and enforcement actions requires the following:

  • Knowledge of the Massachusetts Zoning Act
  • Familiarity with local zoning laws
  • Zoning guidelines
  • Zoning planning techniques

When you work with an experienced zoning enforcement attorney, you can be certain of a strong and effective representation of your interests before the zoning board of appeals.

Seeking practical, workable solutions

Zoning enforcement matters are complex and confusing, but an effective solution is possible. Depending on the nature of your individual situation, possible resolutions may include:

  • Securing, repairing or otherwise addressing the defect that led to the denied permit
  • Filing for zoning relief
  • Application of statutes of limitation or other statutes that may uphold your side

Whether you are waiting on a building permit, facing complications with a neighboring property owner or dealing with other complications regarding zoning and enforcement actions, you do not have to face it alone. There is much at stake, and an experienced attorney can be an invaluable asset as you walk through the appropriate legal process.

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Phillips & Angley
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Boston, MA 02108

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