The Massachusetts Land Court released a recent decision in the case of Holmes v. Guinen, addressing the issues of whether the plaintiffs have standing to challenge the zoning variance granted to their defendant-neighbor to construct a new house only five feet from their property line, and whether the variance was…
The case of Krock v. Nelson, No. 395229 (July 13, 2015), came to the Massachusetts Land Court following a lengthy procedural history beginning in 2009. The court ultimately affirmed the decision of the Zoning Board of Appeals of the Town of Mashpee, which denied the plaintiffs’ application for a zoning…
With temperatures warming up from the historic winter snowfall, and grass starting to grow brightly green, many homeowners and prospective homeowners may be thinking about starting construction projects. Whether you are merely seeking to improve your current property, or build an entirely new home altogether, you may need the help…
Easthampton Proposes Building Size Limit To Exclude Big Box Retailers In a move calculated to enhance the business climate for small to medium-size businesses, the City Council of Easthampton, Massachusetts is considering an ordinance to ban big-box retailers all over the city. Only the industrially zoned area would be excluded from…
Over-regulation Drives Up Housing Costs Real estate attorneys and other professionals in Massachusetts agree that housing in the Commonwealth is not affordable to most people. Massachusetts does not produce enough new housing units to make the market rate housing affordable to the average worker. Zoning isn’t the sole source of the problem, but…
A property owner seeking to build in a historic area will need the assistance of an experienced Massachusetts real estate attorney. Some of the procedures available to landowners whose plans are blocked by local restrictions are non-judicial in nature, but they may be even more complex than the court process. The Appeals Court in…
Major storms Katrina and Sandy have made catastrophic hurricane damage in the United States a reality, and there are significant lessons that need to be applied to protect our shorelines in the future. There are specific vulnerabilities the city of Boston will face in the event of sea level rise, and there…
When you are looking at homes for sale, you consider factors like the square footage, the number of bedrooms and bathrooms, the asking price, and the location. A nearby church or school may seem like an enhancement, but in fact it calls for investigation and a consultation with a real estate…
Zoning laws can be confusing to homeowners in terms of what kinds of permits and procedures need to be followed to pursue a home remodeling project. Different codes and permits may apply, depending on the structure’s size and location. It is especially complicated where the existing lot and structure are…