Upset About Your Easement? Why You Might Reconsider Turning to the Zoning Act for Relief

In its recent June 2016 decision in Picard v. Zoning Board of Appeals of Westminster, et al., the SJC held that “a claimed injury to a private easement right [was not] sufficient to confer standing to challenge a zoning determination made by a zoning board of appeals.”  The Court’s analysis centered on the meaning of a “person aggrieved” under the Massachusetts Zoning Act, G.L. c. 40A.  The decision sent a cautionary message to those who would consider challenging a ZBA decision for perceived infringements to their private easement rights: You just might not be the right kind of aggrieved.

A summary of the dispute: The plaintiff had an easement to cross abutting property to access a beach area on a pond.  The owner of the abutting property applied for a building permit to build a home.  Although the abutting property did not meet the town’s minimum buildable area and frontage requirements, the building commissioner determined that the property was a non-conforming lot with grandfathered status under the Zoning Act.  When the ZBA upheld the building commissioner’s finding, the plaintiff filed suit in Superior Court.

The SJC’s decision chronicled the standing requirements under the Zoning Act.  Below are three crucial excerpts:

“[O]nly a ‘person aggrieved’ has standing to challenge a decision of a [ZBA].”

“[T]he right or interest asserted… must be one that the Zoning Act is intended to protect….”

“[T]he analysis is whether the plaintiffs have put forth credible evidence to show that they will be injured or harmed by proposed changes to an abutting property, not whether they simply will be ‘impacted’ by such changes.”

Perhaps the most significant aspect of the Court’s decision, which affirmed the Superior Court’s dismissal of the plaintiff’s complaint for lack of standing, is its narrow interpretation of “interests protected by the applicable zoning scheme.”  The Court reasoned that “[t]he primary purpose of zoning… is the preservation in the public interest of certain neighborhoods against uses which are believed to be deleterious to such neighborhoods,” such as “density, traffic, parking availability, or noise.”  Is it possible that interference with a private easement could also raise these kinds of larger-scale, neighborhood-wide concerns?  The Court did not completely foreclose the possibility, but concluded that, at least in the case at hand, such interference was outside the “scope of concern of the Zoning Act.”  It’s worth noting that the Court also held that, even if the plaintiff’s claims were inside the Zoning Act’s “scope of concern,” the plaintiff still failed to substantiate his claimed injuries, since he offered nothing more than “his own opinion that a building would block access to the pond.”

A rare silver lining to be found in the SJC’s decision for those concerned about infringements to their private easements is that, as the Court pointed out in the final footnote of its decision, “nothing we say here deprives [the plaintiff] of his right to pursue a remedy at common law for any actual harm to his easement rights.”  In other words, if you’re in plaintiff’s shoes, you may be resigned to suing your neighbor, not the ZBA.

Posted in Easements, Uncategorized, Zoning | Tagged , , , , , , | Leave a comment

Appeals Court Revisits Adverse Possession of Undeveloped Land

The Massachusetts Appeals Court recently reviewed adverse possession of wild and wooded areas. In Paine v. Sexton, 88 Mass. App. Ct. 389 (2015), the Plaintiff campground operators asserted rights to property based on record title and adverse possession.  While it did not validate record title, the Court recognized the Plaintiffs’ adverse possession claims.  In doing so, the Court departed from the traditional requirements for adverse possession of land in its natural state.  For owners of large tracts of undeveloped land, this case serves as a reminder of the risks posed by adverse possession.

The Paine family has operated a campground on a portion of a 36 acre site in Wellfleet, Massachusetts for over 50 years. This occupied portion of the site includes typical campground improvements: roadways, picnic tables, fire pits, toilet facilities, an office building, fencing and parking areas. But as the Court noted, the areas between campsites and the remainder of the site are undisturbed.

In the traditional sense, adverse possession requires occupancy which is “actual, open, notorious, exclusive and adverse for twenty years.” Ryan v. Stavros, 348 Mass. 251, 262 (1964).  Courts have also required “a more pronounced occupation” for adverse possession of wild and wooded areas.  Sea Pines Condominium II Association v. Steffens, 61 Mass. App. Ct. 838, 848 (2004).  The test for pronounced occupation has often been whether land has been enclosed or cultivated; harvesting timber and pasturing animals alone has not satisfied this burden.  See Senn v. Western Massachusetts Electric Company, 18 Mass. App. Ct. 992, 993 (1984).

In Paine, the Court took a different approach and focused on the Plaintiffs’ specific use: the clearing of sites; construction of buildings and roadways; and restriction of access to paying customers. The Court concluded these steps put record owners on notice of the Plaintiffs’ occupancy and thereby established adverse possession, despite the lack of complete enclosure or cultivation.  Subsequently, the Court recognized the Plaintiffs’ color of title claim to the entire 36 acres after reviewing (but not validating) their purported record title.

The Court’s ruling in Paine departed from the requirement of pronounced occupation for adverse possession of land in its natural state.   At the same time, it confirms the fact-specific nature of these cases and the need for more in claims associated with wild and wooded areas.  For owners of large tracts of undeveloped land, it also serves as a reminder of the importance of vigilance in monitoring unauthorized use and activity.

Posted in Economic Development, Environmental, Open Space, Wetlands, Zoning | Tagged , , , , , | Leave a comment

MassDEP Offers Manufacturers Amnesty Under Toxics Use Reduction Act, a Likely Prelude to Increased Enforcement

Massachusetts Department of Environmental Protection

If you are a Massachusetts manufacturer suspected of using toxic chemicals in your production process, you may have been among the hundreds of recipients in recent weeks of a notice letter from MassDEP about mandatory chemical use reporting under TURA, G.L. c. 21I.  Passed in 1989, TURA seeks to encourage manufacturers, processors and users of toxic substances to reduce their use.  The regulations require annual reporting of listed chemicals each June and the filing of a toxics use reduction plan every other year if the facility meets certain thresholds.

The regulations are by nature highly technical.  In addition to consulting with legal counsel, you will want the assistance of a certified Toxics Use Reduction Planner.  They can assist you with completing the necessary paperwork and identifying the toxic substances that require reporting each year under TURA.

It will come as no surprise that TURA also requires the payment of an annual fee to MassDEP along with the report.  The fee is based on the number of employees and the amount of listed chemicals manufactured, processed or otherwise used.

If you are not filing an annual report as required under TURA, now is the time to remedy that oversight during the amnesty program, which expires on June 30, 2016.  Under the program, you will be required to identify and report any use of TURA-listed chemicals over the reporting threshold and pay one year of past-owed fees, along with the mandatory $1,000 late fee.   MassDEP will be conducting formal inspections and audits to determine compliance.  Expect significant sanctions, fines and enforcement actions if MassDEP discovers TURA violations after the amnesty program, especially if you are among the lucky recipients of a recent TURA notice from MassDEP.

If you have questions, please contact David McCay, an experienced Massachusetts environmental litigator at Mirick O’Connell at (508) 791-8500, or a certified Toxics Use Reduction Planner, a list of which is maintained by MassDEP and available here:

Posted in Environmental, Hazardous Materials, Uncategorized | Tagged , , , , , | Leave a comment

Lt. Gov. Polito to Give Keynote at Boroughs+ Economic Development Summit on Jan. 26

WestboroughMirick O’Connell is proud to sponsor the Boroughs+ Economic Development Summit on January 26 at the Doubletree Hotel in Westborough.  The summit will feature a keynote address from Lt. Gov. Karyn Polito, followed by a panel discussion and Q&A.  To register for the summit, click here.

The summit will focus on promoting regional collaboration on the “Last Mile” Connection, which is the connection from major public transit, including commuter rail stations, busing routes, and park and rides, to the business locations where people work. The summit was organized by the economic development organizations and professionals in the towns of Southborough, Northborough, Westborough, Marlborough, Hudson, Hopkinton and the 495/MetroWest Partnership.

David McCay, a partner at Mirick O’Connell specializing in  Land Use and Environmental Litigation, and the Chair of the Southborough Economic Development Committee, will open the summit, followed by Lt. Gov. Polito’s keynote address. A panel discussion will be moderated by Dr. Barry Bluestone, founding director of the Dukakis Center for Urban and Regional Policy and Founding Dean of the School of Public Policy & Urban Affairs at Northeastern University. Panelists include: Ed Carr, Administrator of the MetroWest Regional Transit Authority; Jim Robbins, Westborough Town Planner; Paul Matthews, Executive Director of the 495/MetroWest Partnership;  Bill Spencer of Pall Life Sciences in Westborough; and Marybeth Stewart, Human Resources Manager of Wegmans Food Markets.

“The goal of the Boroughs+ Economic Development Summit is to bring together local leaders to collaborate on important economic development and transit issues that impact the future of the Boroughs+ region,” said McCay. “By working as a team on the local and regional level, we can begin to address the transportation issues that many employers face.”

The Boroughs+ Economic Development Summit will be held on January 26 from 7 a.m. to 9:30 a.m. at the Doubletree Hotel in Westborough.  Click here to register.

Posted in 495/MetroWest Partnership, Economic Development, Marlborough, MetroWest, Northborough, Southborough, Uncategorized, Westborough, Zoning | Tagged , , , , | Leave a comment

Courts Refine Immunity Under the Massachusetts Recreational Use Statute

Private landowners allowing public access to land should take note of recent court decisions which have refined the scope of the Recreational Use Statute, G.L. c. 21, § 17C (“Statute”).  The Massachusetts Legislature enacted the Statute in 1972 in response to liability concerns of property owners and to encourage public access to private property.  Over time, the Statue has proven to be a valuable defense against many premises liability claims.  As a result, property owners should evaluate their land use practices to ensure compliance with the Statute’s procedural requirements.

The Statute affords liability protection to a “person” who allows the public the right to use land for the following purposes: recreational, conservation, scientific, educational, environmental, ecological, research, religious and charitable.  Under the Statute, a “person” includes landowners, agents, managers, licensees, non-profits, trusts, business organizations, officers, directors and trustees.  Of importance to owners of large tracts of land, the Statute’s recreational component covers activities such as hiking, biking, swimming, hunting, fishing and snowmobiling.  It does not, however, protect landowners against gross negligence claims.

Recent decisions underscore the importance of three factors courts analyze when applying the Statute: 1) payment of fees; 2) limitations on public access; and 3) the nature of the public use of land.  Accordingly, property owners should examine the interplay between their land use practices and these factors.

Regarding fees, courts have reaffirmed the principal that charging a fee for public recreational use bars protection under the Statute.  Specifically, they have distinguished this type of fee from donations and reimbursements for marginal costs.  In Marcus v. City of Newton, 462 Mass. 148 (2012), the Supreme Judicial Court denied the City of Newton immunity under the Statute because it charged for use of a municipal field.  However, the Appeals Court in Patterson v. Christ Church in the City of Boston, 85 Mass. App. Ct. 157 (2014), granted immunity from a personal injury claim to Boston’s Old North Church.  The Court held that charges for specialized tours and the operation of an on-site gift shop were not “fees” for recreational use.

With respect to access, the Court in Wilkins v. City of Haverhill, 468 Mass. 86 (2014) emphasized that the Statute requires “free and equal” access for recreational use to all members of the general public.  The Court denied the City of Haverhill immunity from a slip and fall after determining that a school event was only open to a small portion of the general public (parents and students).  Additionally, in Cohen v. Elephant Rock Beach, 2014 WL 6792106 (D. Mass. 2014), the Court denied a private beach club protection under the Statute from a plaintiff’s injuries suffered from use of an offshore rock.   The court determined that the club did not own the rock; it also held that the club restricted access to members and guests.

Courts have also whittled away review of subjective intent in applying immunity, and they have sharpened the inquiry to whether landowners grant access to the public for recreational activity.  The Supreme Judicial Court in Ali v. City of Boston, 441 Mass. 223 (2004), evaluated a plaintiff’s collision with a park gate and held that riding a bike was a recreational activity regardless of the reasons for doing so.  Similarly, the Court in Dunn v. City of Boston, 75 Mass. App. Ct. 556 (2009), granted the City of Boston immunity under the Statute from a plaintiff’s injuries on the stairs at City Hall Plaza.  The Court held that walking around the plaza was inherently a recreational activity, and that the reasons for doing so were not determinative in the immunity analysis.

Landowners allowing public recreational use of land can thus avoid preclusion of immunity under the Statute by incorporating these parameters into their land use practices.  In particular, they should carefully weigh the benefits of generating revenue from access fees against the potential loss of immunity under the Statute.  Additionally, they should evaluate whether access to their land for recreational use is open to all members of the general public.

Posted in Open Space | Tagged | Leave a comment

The Spearin Doctrine is Alive and Well in Massachusetts

The Tom Brady decision was not the only important decision issued last week.  Attached is a slip opinion of an SJC decision that will help define the role of a construction manager at risk (CMAR) on construction projects in Massachusetts.  The “Spearin Doctrine” is the well-established rule that an owner impliedly warrants to a contractor that architectural plans are sufficient, so that a contractor need only build correctly what is contained in the plans.  In a nutshell, the Superior Court found this doctrine was limited to the traditional design-bid-build context and that because Gilbane, as CMAR, was involved to some extent with project design it therefore shared responsibility for errors and omissions in the design.  The local construction bar was surprised by this decision, and the consensus was it would be reversed to some degree on appeal.  It was.  The SJC held that the Spearin Doctrine does in fact apply in a CMAR context.  However, the SJC noted that the scope of the implied warranty may be less in the CMAR context, and that the greater the CMAR’s design responsibilities, the greater the CMAR’s burden will be to show its reliance on a defective design was reasonable.

Posted in Construction | Leave a comment

The Complex Web of Insurance Coverage And Construction Losses

ScaffoldingThe Massachusetts Appeals Court recently issued a decision that sheds light on the interplay between multiple insurance policies allegedly covering the same construction project.  The project was a renovation of a second floor bathroom at a home in Medford, Massachusetts.  An employee of the plumber removed old copper piping and other debris from the bathroom and attempted to throw it in the backyard from a second floor deck.  The deck railing however was not securely in place and the plumber’s employee fell to the ground and was injured.  The employee and his wife filed suit against the homeowners and their son.  The homeowners’ son, a licensed electrician, had loosened the railing in order to push the old cast iron bathtub into the backyard and had left the railing in an upright position with the appearance that it was securely in place.

At the time of the accident, the homeowners were insureds under a homeowners’ policy.  Their son was a named insured under the same policy.  The son was also the named insured under a commercial general liability policy in connection with his business as a self-employed electrician.  Both insurance carriers were put on notice of the employee’s claim.  The homeowners’ policy assumed the defense of the parents but refused to defend their son.  The liability policy undertook defense of the son under a reservation of rights.

The liability policy filed a lawsuit seeking to have a court declare its coverage obligations.  The Appeals Court determined that both insurance companies owed a duty to defend the claim, but only the homeowners’ policy owed a duty to indemnify (or pay) the claim because there was no evidence the son was conducting his business as an electrician when the accident occurred.

The decision from the Appeals Court, Preferred Mutual Insurance Company v. Vermont Mutual Insurance Company, 87 Mass. App. Ct. 510 (2015), contains insightful analysis of issues that commonly arise in the universe of construction insurance, including the following:

  • A reminder that an insurer’s duty to defend is independent from, and broader than its duty to indemnify. An insurer has a duty to defend an insured when the allegations in a complaint are “reasonably susceptible” of an interpretation that states or roughly sketches a claim covered by the policy terms.
  • An insurer bears the burden of proving the applicability of a policy exclusion. In order for an exclusion to negate an insurer’s duty to defend, the facts alleged in the complaint must establish that the exclusion applies to all potential liability.
  • Other insurance clauses such as an “excess clause” or a “pro-rata clause” have no bearing on an insurer’s duty to defend, but rather are designed to establish a policy’s relationship with other policies in covering a loss. These provisions speak only to loss allocation among multiple insurers.

The Construction Group here at Mirick O’Connell closely follows court decisions and other laws and regulations that affect the local and regional construction industry.  If you have questions or comments regarding the Preferred Mutual decision in particular or construction insurance generally, please contact one of the members of our Group for assistance.

Posted in Construction | Tagged | Leave a comment

BREAKING: Supreme Court Strikes Down New EPA Rules on Mercury Emissions

Power Plant 4In a blow to the Obama Administration’s efforts to phase out coal-fired power plants and encourage energy production from renewable resources, the United States Supreme Court has thrown out the Environmental Protection Agency’s (EPA) new rules requiring coal-fired power plants to cut emissions of mercury and other pollutants.  The fatal flaw in the EPA’s new rules:  the agency failed to properly account for the costs of the new regulations before it adopted them.

The Clean Air Act permits the EPA to regulate power-plant emissions only if it concludes that “regulation is appropriate and necessary” after studying the hazards to public health.  42 U.S.C. § 7412(n)(1)(A).  Justice Antonin Scalia, writing for the 5-4 majority in Michigan v. EPA stated, “[t]he Agency must consider cost—including, most importantly, cost of compliance—before deciding whether regulation is appropriate and necessary.”  The ruling does not prohibit the EPA from promulgating limits on mercury emissions.  However, the agency must first consider the price.  It remains to be seen whether the EPA will be able to do so during President Obama’s remaining term in office.

For more information on this important case or questions on related environmental law issues, please contact David McCay, a Massachusetts real estate and environmental litigator at Mirick O’Connell at (508) 791-8500.

Posted in Environmental, Hazardous Materials | Tagged , , , , , , | Leave a comment

Massachusetts Earned Sick Time Law Seminar – July 16 at Holy Cross

On July 1, 2015, the Massachusetts Earned Sick Time Law takes effect.  As many of you are aware, the Attorney General’s Office has been busy hosting public hearings concerning their proposed regulations related to the Earned Sick Time Law.  Mirick O’Connell testified at one of the public hearings and has been in close contact with the Attorney General’s Office in order to not only convey client concerns associated with implementation of the new law, but also to better understand the legal landscape related to implementation of the law and the anticipated final regulations.

Now that the public comment period has closed, the Attorney General will be issuing its final regulations, which are expected to be officially released on July 3, 2015.  Once the final regulations are issued, employers will need to ensure that their current policies are updated or that they implement new policies that comply with the new law and regulations.

Please join Mirick O’Connell Attorneys Jonathan Sigel and Corey Higgins for an in-depth discussion of the final regulations and how best to ensure your company is in compliance with the new law.

Is your company ready for the new Massachusetts Earned Sick Time Law?  Do you have questions about the steps your organization needs to take in order to comply with the new law?  If so, please clink on this link to register for our upcoming seminar on the final regulations to the new law Registration Link.  The program begins at 7:30 a.m. on July 16, 2015 at the Hogan Center at the College of the Holy Cross in Worcester.

Posted in Contracts, Labor | Leave a comment

Real Estate Agents Not Covered by Independent Contractor Statute

Retail Space for LeaseIn 2004, the Massachusetts Legislature passed M.G.L. c. 149, § 148B, known as the independent contractor statute, to prevent the misclassification of employees as independent contractors, which would deny them benefits they would otherwise be entitled to as employees.  When originally drafted, the statute was part of legislation aimed at regulating public construction.  As enacted and in practice, the statute is applied far beyond the construction industry and impacts workers in a variety of fields.  In a shift, the Massachusetts Supreme Judicial Court recently limited the statute’s broad application by ruling that the independent contractor statute does not apply to real estate agents.

In Monell v. Boston Pads, LLC, SJC-11661 (Mass., decided June 3, 2015) four licensed real estate agents brought suit against the real estate brokerage firms they worked for alleging they were employees improperly classified as independent contractors.  Under the independent contractor statute, a worker is presumed to be an employee unless the all following factors are present:

  • the worker is free from direction and control in how they do their job;
  • the service being performed is outside the usual course of business of the employer; and
  • the worker is not exclusively working for the employer.

The Court acknowledged that the three factors necessary to be an independent contractor could not be satisfied in light of the restrictions placed on real estate agents under the real estate licensing statute (M.G.L. c. 112, § 87RR).  Licensed real estate agents are prohibited from doing the very things that would qualify them as independent contractors.  This created a conflict between the provision of a specific statute (the real estate licensing statute) and a general statute (the independent contract statute).  In the case of such a conflict, the provisions of a specific statute will be enforced over those of a generally applicable statute.   Accordingly, the Court ruled that the real estate licensing statute governed real estate sales agents and they were not subject to the independent contractor statute.

Had the Court ruled otherwise, essentially all licensed real estate agents would be considered employees under the independent contractor statute.  That would have dramatically changed the current model of independent real estate agents.  The Court did not rule out the possibility that similar claims could be brought on other legal grounds and highlighted the need for the legislature to address the issue.

Stay tuned to On Solid Ground for further updates.

Posted in Construction, Contracts, Labor | Tagged , , , | Leave a comment

Mirick O’Connell Hosts “Building the Boroughs+” Workshop On Improving Downtowns

Downtown Marlborough

Downtown Marlborough. Photo courtesy of Marlborough Economic Development Corp.

Attorneys Art Bergeron and yours truly hosted a workshop for community leaders at the firm’s Westborough office on May 7th to share ideas and lessons learned on building and improving the downtowns in the Boroughs+ region.  The program reflected a renewed interest on downtown and village districts in many communities as residents and businesses clamor for greater local amenities, including restaurants, entertainment and shopping downtown.

The event boasted full participation with officials attending from all of the Boroughs+ towns – Westborough, Northborough, Southborough and Marlborough, plus Hopkinton and Hudson – including Town Planners, Planning Board and Zoning Board of Appeals members and City Councilors (from Marlborough).

Marc Racicot, Director of the Land Use Division at the Metropolitan Area Planning Council, Geoffrey Morrison-Logan, Director of Planning and Landscape Architecture at VHB, and Randy Waterman, founder of Waterman Design, gave outstanding presentations and led the Workshop discussion.  Their presentations focused on various downtown development projects throughout the Boroughs+ region and the need to address the unique challenges in each community.  A key take away was the importance of building a political consensus with community leaders on the vision for the downtown, and creating the zoning and infrastructure (water, sewer, parking, traffic management, etc.) necessary to bring that vision to reality.

We will hold our next “Building the Boroughs+” Workshop in September.  The event will feature an outstanding panel of experts and a discussion on enhancing the assessed value (and municipal tax revenue) in existing commercial and industrial properties.  A regional economic development summit in partnership with area economic development organizations is planned for the Fall.

To learn more about our “Building the Boroughs+” Workshops and our work on behalf of property owners and developers in the Boroughs+ region, please contact David McCay, a Massachusetts land use and environmental attorney at Mirick O’Connell, at (508) 791-8500 or by email at

Posted in Construction, Economic Development, Zoning | Tagged , , , , , , , , , , | Leave a comment

Bullish on the Boroughs: A Commercial Market Snapshot

Guest Post by Arlon Brown of the Parsons Commercial Group, Framingham, Mass.

Arlon I  BrownThe commercial office market in the Boroughs (Marlborough, Northborough, Southborough and Westborough) is improving with declining vacancies and rising rental rates. This can be attributed to an expanding economy with an improving job outlook and a reduced unemployment rate. With fewer office options and high rents, tenants from the Framingham and Natick market view the Boroughs as a viable option as they seek out value through efficiency, technology and amenities.

Boroughs Office Space Analysis

Westborough OfficeIn Class A office buildings, which are the highest quality and best located, the vacancy rate is 16.3 percent with direct availability of 723,375 square feet, with an average asking rate of $19.23 per square foot. In Class B office buildings, typically more utilitarian without special amenities, the vacancy rate is 22.2 percent with 1,479,260 square feet, with an average asking rate of $17.42 per square foot. In Class C office buildings, often older properties without amenities, the vacancy rate is 6.1 percent with 68,874 square feet available and an average asking rate of $16.09 per square foot.

Boroughs Lease Transaction Updates

The combination of higher quality buildings with lower occupancy costs, an excellent road network and more affordable housing are making the Boroughs an attractive location. As a result of this, the Boroughs continue to be leaders in attracting some of the largest suburban Boston leases, including Genzyme taking 114,151 square feet at One Research Drive in Westborough and San Disk leasing 57,664 square feet at 200 Donald Lynch Boulevard in Marlborough. In addition, one of the largest leases signed this year occurred at 200 Forest Street in Marlborough with GE Healthcare taking 288,101 square feet.

Significant sales transactions in the Boroughs were completed by Ferris Development in the purchase of One Research Drive in Westborough for $21,568,000 or $73 per square foot and the acquisition of Four and Eight Technology Park in Westborough by the same firm for $24,000,000 or $108 per square foot.

Arlon’s Key Take-Aways on the Boroughs Commercial Market

  1. With the compression of yields across all major asset classes the ability to find high quality product will be more difficult this year.
  2. More multi-family projects will be coming on line in the Boroughs in 2015 – an example is Avalon in Marlborough.
  3. The continued decline in inventory and increase in demand, for both rental and sale properties, will increase price.
  4. The Boroughs are very attractive to expanding companies, price sensitive companies, start-up and firms concerned with employees’ housing costs.
  5. I believe that given the declining vacancy rate and increased rental rates, construction of new spec office buildings in the Boroughs is on the horizon.
  6. We will see continued repositioning of assets through redevelopment of older properties. A good example of this is the Atlantic Management project on Puritan Way in Marlborough where existing buildings were renovated and repositioned and land was sold for a hotel and apartments.

Given the strong fundamentals and continued low interest rates, our firm continues to be bullish on the Boroughs.

About Arlon I. Brown, SIOR and the Parsons Commercial Group: Parsons Commercial Group, Inc. also known as PCG in our market is dedicated to providing clients with far-reaching solutions to their diverse commercial real estate needs. With a broad expertise that spans the many disciplines of commercial real estate, PCG delivers on its promise of excellence in brokerage, management, development, and real estate advisory services.

Arlon is a Senior Vice President for PCG based in Framingham, Massachusetts. With over 32 years of commercial real estate experience, Arlon is a valuable asset to servicing real estate needs. He focuses on brokerage activities including investment sales, leasing and consulting as both a tenant and owner’s representative throughout the Suburban Boston markets. He focuses on the major real estate sectors office, industrial, retail and development properties.

Arlon has held the distinctive SIOR (Society of Industrial & Office Realtors) designation for over 24 years.

Posted in Construction, Economic Development, Lease, Market Report, Marlborough, Northborough, Southborough, Westborough | Tagged , , , , , , | Leave a comment