Zoning Litigation: Site Plan Review
Site plan review is often required by local municipalities to assess the potential impact of a particular development or business use on abutting landowners and the local community. The site plan review process is governed by local zoning bylaws and ordinances and is increasingly required even for “as-of-right” uses.
Site plan review is not expressly recognized in Massachusetts statutes, but it is an acknowledged form of local review. Site plan review is employed by cities and towns to regulate both uses that are allowed as-of-right and those by special permit; in both cases, the approval of site plans is justifiable as an informational tool which discloses the specifics of the project, including the proposed location of buildings, parking areas, and other installations on the land, and their relation to existing conditions such as roads, neighboring land uses, public features, and ingress and egress roads. In as-of-right uses, site plan review is nearly nondiscretionary and approval, practically speaking, cannot be withheld. In the special permit setting, site plan review is subject to the same standard of review as the underlying special permit.
Massachusetts Site Plan Review Attorneys
The attorneys at Phillips & Angley work with our clients and their engineers and other development consultants to support proper site plan analysis and permitting.
With decades of experience in zoning and land use law and real estate law to inform us, we are properly positioned to handle the appeal of your special permit, variance or site plan approval. We represent clients before the Land Court, the Superior Court and the Massachusetts Appeals Court, as well as local boards and administrative agencies.