Local governments have zoning in place as a way to manage the land use of different cities and towns. Generally, these local governments want to help maintain local infrastructures and control the population geographically so that infrastructure can properly function...
If you have a restrictive covenant affecting your property, you should know that it may restrict the ways that you can use your land. The reason for this restrictive covenant is usually to preserve the value and enjoyment of pieces of adjoining lands. For instance,...
While this doesn't happen often, city planning boards may have to deal with the request of a petitioner to rezone property. However, anyone who objects to the rezoning may claim that rezoning is actually an unlawful practice known as spot zoning. When this occurs, the...
Property locations can pose a challenge in Massachusetts. If you own a large section of land, there might be people who want to go hiking, fishing, or hunting on your property. You might also have people who want to cross through your property to get from one place to...
This question is heard a lot here in Boston and around the state when owners contemplate changes to their property. In either case, the owner must follow a process for filing an appeal with the appropriate local Board of Zoning Appeals (BZA). Each municipality has its...
If you are looking for property on which to build a home or establish a development, you have many items on your checklist. You want land that is appropriate for sustaining improvements, is convenient to amenities and is zoned to meet your needs. However, it is also...
The Massachusetts Zoning Act sets forth a thorough process for those persons seeking or opposing zoning relief to have their grievances adjudicated. Usually, the first stop is at the local building inspector or zoning enforcement officer. If unsatisfied, an appeal is...
Recently we were asked to address the situation where a landowner obtained a use special permit with a condition that the structure containing the use be built as located on a designated site plan, and that a final as-built plan be filed after completion of...
We previously blogged about a case study, which we encountered in representation of a kennel before a local zoning board, regarding how conditions of variances work and how they are applied and enforced. Recently, the Appeals Court published Green v. Board of Appeals...
One of the most vexing issues involving zoning and land use practice in Massachusetts is how site plan review decisions, rendered by local planning boards, are appealed. In fact, we were recently asked by Mass. Lawyers Weekly to comment on this topic, as well as a...
