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 of Southborough, adding to the body of law on these issues. In particular, Judge Wolohojian, writing for the panel in Green, explicated the difference between those things which a variance holder must do to "exercise" the variance within one year as required by G. L. c. 40A, § 10, on the one hand; and the meaning and effect of a variance condition, which acts as a condition precedent (a precondition) to a holder being able to take advantage of the variance, on the other. As discussed below, the former refers to those acts necessary to give the variance legal effect, in the first instance; whereas the latter must be fulfilled in order for the variance holder ultimately to make use of the variance.
Variance Conditions Revisited: Green v. Board of Appeals of Southborough; The Difference between Exercising Variances and Satisfying their Conditions
Site Plan Review and Avenues for Appeal: Unanswered Questions.
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 recent Land Court decision on the same.
Real estate developer facing fines for erosion
Boston area property developers understand that there are many different regulations that need to be followed when a development occurs. There are many local, state and federal regulations that come into play and when rules aren't followed there can be problems. A developer with property in Uxbridge and Bellingham is facing thousands of dollars in EPA fines.
East Boston property eyed by developers
Boston area property developers understand how important every square inch in land is in the Boston area. Property is scarce in the area, with demand for new building projects always high. Property developers and other groups are always looking for new projects for their development plans.
