On September 22, 2016, the Boston Housing Court, Muirhead, J., issued an Order on Defendant's Motion for Summary Judgment in Goureev, et al. v. Zoning Board of Appeal, the City of Boston, et al., No. 16H84CV000137, in which the Court granted summary judgment for P & A's clients, the plaintiffs, Csaba Toth and Andre Goureev, annulling the decision of the Boston Zoning Board of Appeal which granted zoning variances to defendant, Ryan Connelly.
A recent case brought before the Massachusetts Supreme Judicial Court is highlighting some of the pitfalls developers can find themselves facing when trying to get a project plan approved and moving forward. While this case highlights the fact that not all cases can avoid litigation, and that sometimes residents in the area end up raising concerns, it also speaks volumes to the importance of careful and meticulous front-end planning.
Today we offer a quick refresher of sorts. When it comes to real estate development-whether it be incorporating a new use, building a structure, or somehow otherwise modifying the existing conditions on site-there are several sources of laws and other "restrictions" that the developer and/or landowner should be aware of in advance. These include the following:
For developers, satisfying off-street parking requirements is just one part of the planning and design process for new construction or development. In essence, it is the developer that ultimately becomes responsible for ensuring that the demand for parking spaces is met.
There has already been much recent zoning buzz about the impending medical marijuana dispensaries, and a significant SJC ruling (ZBA of Lunenburg v. Housing Appeals Committee) in the Chapter 40B affordable housing front, so let's take a look at what else is happening in the realm of zoning and planning around Massachusetts during the first week or so into the New Year.