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Variances Land Use Restrictions

Farrell Fritz, P.C.

Single and Separate and the Doctrine of Merger

Farrell Fritz, P.C. on

Generally, many property owners assume that where a lot is held in single and separate ownership they are entitled to an area variance “as of right.”  That is not entirely true.  An exception to the single and separate...more

Pierce Atwood LLP

Not Your Grandfather’s Nonconforming Structure: Mass. Appeals Court Clarifies Deadrick Decision, Discusses Difference Between...

Pierce Atwood LLP on

In perhaps a sign of the linguistic times, Appeals Court Justice James R. Milkey’s opinion in the case of Comstock v. Zoning Board of Appeals of Gloucester received more media coverage for certain racial history commentary...more

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards– Widespread Polluted Fill

Pullman & Comley, LLC on

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

Farrell Fritz, P.C.

How Not To Fix A Failure To Refer A Land Use Matter To The Planning Commission

Farrell Fritz, P.C. on

General Municipal Law §239-m requires that before taking action on a land use application, a municipal agency like a Zoning Board of Appeals or Planning Board must refer the application to a county or regional planning...more

Farrell Fritz, P.C.

Federal Oversight of Zoning within the Fire Island National Seashore

Farrell Fritz, P.C. on

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about...more

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