In its $5.2 billion Affordable Homes Act (AHA) signed by Gov. Maura Healey last week, the Massachusetts Legislature came down the chimney with some presents that have been on developers’ wish lists for decades. In addition to...more
Year after year, the Massachusetts Legislature considers bills to change General Laws Chapter 40A, or the Massachusetts Zoning Act. Many prior changes were fairly minor, but on January 14, 2021, Governor Charlie Baker signed...more
NEW GUIDANCE ON PUBLIC HEARINGS ON HOUSING PROPOSALS -
The Massachusetts Department of Housing & Community Development (DHCD) recently issued guidance for municipalities regarding housing development. This guidance...more
10/20/2020
/ Affordable Housing ,
Centers for Disease Control and Prevention (CDC) ,
Community Development ,
Construction Project ,
Coronavirus/COVID-19 ,
Eviction ,
Foreclosure ,
Housing Developers ,
Moratorium ,
Municipalities ,
Permits ,
Real Estate Development ,
State of Emergency ,
Urban Planning & Development
On July 2, 2020, Massachusetts Governor Charlie Baker issued a new state permitting order that rescinds and replaces his March 26, 2020 order. The new order sets specific dates for agencies to take action and for appeals of...more
Massachusetts Supreme Judicial Court: No Further Deadline or Statute of Limitations Extensions -
On June 24, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials...more
Supreme Judicial Court Issues Order Signaling End of Deadline and Statute of Limitations Extensions -
On May 26, 2020, the Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials and limiting...more
This week, Boston Mayor Marty Walsh’s office announced a new protocol for re-starting city construction projects deemed “essential.” In mid-March, in response to the COVID-19 pandemic, Walsh ordered most construction in the...more
GOVERNOR BAKER EXTENDS ORDER REGARDING BUSINESSES AND GATHERINGS -
On April 28, 2020, Massachusetts Governor Charlie Baker extended his previous order disallowing many businesses to have employees in brick-and-mortar...more
New Supreme Judicial Court Order Clarifies Impact on Statutory Appeal Periods -
On April 1, 2020, the Massachusetts Supreme Judicial Court issued a new order that will go into effect on April 6, 2020. The order states that...more
SUFFOLK COUNTY REGISTRY OF DEEDS -
Staff at the Suffolk County Registry of Deeds is currently unable to review and record mailed documents, per this notice posted on the registry’s website. ...more
STATE PERMITS AND APPROVALS -
On March 26, 2020, Massachusetts Governor Charlie Baker issued COVID-19 Executive Order No. 17, which applies to state permits and approvals. ...more
The abrupt halt to day-to-day operations over the last two weeks is forcing a series of unwelcome decisions on Massachusetts real estate developers. While many activities are sharply curtailed, including construction in...more
LAND COURT -
On March 25, 2020 the Land Court issued guidance regarding approvals by title examiners while the court remains open for emergency business only. ...more
In what passes for high drama in the world of Massachusetts land use law, the Supreme Judicial Court (SJC), after hearing oral argument last Thursday in an important case involving standing in zoning appeals, entered an order...more
3/10/2020
/ Appeals ,
Article III ,
Building Permits ,
Construction Project ,
Dismissals ,
Judicial Review ,
MA Supreme Judicial Court ,
Oral Argument ,
Real Estate Development ,
Reversal ,
Standing ,
Urban Planning & Development ,
Zoning Maps
In a noteworthy decision yesterday, the Supreme Judicial Court (SJC) reaffirmed that the exemption in the state’s Zoning Act, M.G.L. c. 40A, for uses deemed to be “for educational purposes,” is construed very broadly. That...more
9/24/2019
/ Educational Institutions ,
Exemptions ,
Health Care Providers ,
Inpatient Rehab Facilities ,
Local Ordinance ,
Psychiatric Hospitals ,
Real Estate Development ,
Regulatory Standards ,
Religious Schools ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws
Two bills pending at the Massachusetts State House would amend the state Zoning Act, known as Chapter 40A, which governs zoning in every Massachusetts city and town except Boston. The Zoning Act is seldom amended, even though...more
8/26/2019
/ Appeals ,
Construction Project ,
Evidentiary Hearings ,
Infrastructure ,
Legislative Agendas ,
Pending Legislation ,
Real Estate Development ,
Standing ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws
In its recent decision in RCA Development, Inc. v. Zoning Board of Appeals of Brockton (pdf), Massachusetts’ Supreme Judicial Court (SJC) considered whether a division of land into two lots accomplished solely by deeds...more
In a decision of great importance to property owners, developers, architects, engineers, and contractors, the Massachusetts Supreme Judicial Court (SJC) this morning ruled that the state’s six-year statute of repose, M.G.L....more
The merger doctrine is alive and well in Massachusetts zoning law. In its recent decision in Kneer v. Zoning Board of Appeals of Norfolk, the Appeals Court examined whether the doctrine applies to property owned by a realty...more
As municipalities assert more control over development, zoning bylaws become more complex. And as mechanics, programmers, and lawyers all know, when there are many parts, there are many more opportunities for things to go...more
It’s about time! Not since the notable 1961 adverse possession case Kershaw v. Zecchini have real estate litigators had an important decision inspired by circus performers....more
The Appeals Court’s recent decision in Maslow v. O’Connor at first glance appears straightforward. The holding reiterates a familiar tenet of Chapter 91 licensing – that a Chapter 91 license doesn’t affect pre-existing...more
In its recent decision in 135 Wells Avenue, LLC v. Housing Appeals Committee (pdf), the Massachusetts Supreme Judicial Court (SJC) confirmed that a property restriction held by a municipality cannot be overridden by the...more
It’s not unusual for condominium documents to set aside parts of the development’s common area for the exclusive use of particular units. This device allows the developer to offer a degree of privacy in decks,...more
The Massachusetts standard for granting a zoning variance is notoriously difficult to meet. In a nutshell it requires proof that: (1) due to circumstances concerning soil conditions, the shape of the lot, or the topography...more