Land Use And Zoning

As we wind down the days of summer, let's take it easy and look at some of the interesting zoning news that's been reported this summer in just one of the several counties where we practice, Plymouth County. Last week, Wicked Local/Old Colony Memorial (Plymouth...

As discussed in an earlier post (Intro to Variances I), there are a few necessary findings before a zoning board can grant a variance. Last time we talked about soil conditions, shape or topography that support the need for a variance. This post explores the necessity...

Before embarking on any excavation project--including tunneling and blasting--developers and landowners should understand the often-overlooked duty they owe to neighboring properties in order to avoid nuisance or negligence liability.In Massachusetts, a landowner owes...

When a court hands down a decision and neither party appeals, the decision becomes final and binding upon the parties. Under such circumstances, the parties will be barred from re-litigating the issues finally resolved by the prior decision. In the legal community the...

We recently had an opportunity to talk with traffic engineer, Ron Müller, P.E., of Ron Müller & Associates, Traffic Engineering and Consulting Services, based out of Hopkinton, Massachusetts, to get a better understanding of his profession. Here is an excerpt from...

Understanding the judicial standard of review is important for litigants in zoning appeals filed under M.G.L. c. 40A, § 17, including the denial or approval of special permits and variances, and, in some cases, site plan review. Such appeals also include zoning board...

In some instances, obtaining a variance is a lawful means to deviate from strict compliance with current zoning requirements. Although zoning boards usually grant them sparingly, an approved variance can be a useful tool for landowners seeking to, inter alia, site,...

After the recent publicity surrounding a court-ordered removal of a million-plus dollar home in Marblehead (for more on that story, click over to The Massachusetts Real Estate Blog), it would be easy to assume that courts would have no problem ordering the removal of...

In another zoning case that supports the expansion of a pre-existing, nonconforming use, the SJC issued its decision in Shirley Wayside Ltd. P'ship v. Bd. of Appeals of Shirley, SJC-10869 (Feb. 7, 2012), an action that was commenced in the Land Court in late 2005.In...