Tag Archives: Zoning

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 … Continue reading

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

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 … Continue reading

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A Lesson From Somerville: Better Zoning Promotes Economic Growth

Paul McMorrow wrote an interesting column in yesterday’s Boston Globe that deserves reading, particularly for those interested in crafting workable zoning codes and bylaws in our cities and towns.  The current zoning process in most Massachusetts communities, even for simple … Continue reading

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Towns Can’t Ban Marijuana Shops; Zoning Moratoria OK

Towns and cities may not use zoning to ban marijuana shops, according to a recent ruling by the Attorney General’s Office. Zoning Ban Struck Down As noted in a previous post, municipal officials have been considering zoning provisions aimed at … Continue reading

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Pending Legislation Would Dramatically Reform Massachusetts Land Use Law

The latest effort to overhaul Massachusetts land use law is backed by a coalition of planning, environmental and housing organizations. “An Act Promoting the Planning and Development of Sustainable Communities”, House Bill # 1859, was introduced on Beacon Hill last … Continue reading

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Southborough Grappling with Open Space Concerns in Proposed Zoning Bylaw

We have been tracking Southborough’s ongoing efforts to update and modernize its Zoning Bylaw for many months here at the Mirick Real Estate Law Blog.  See previous posts here, here, here and here.  As reported recently in the MetroWest Daily … Continue reading

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SJC Again Rebuffs Local Attempts to Control 40B Low-Income Housing Developments

Zoning Board of Appeals of Sunderland v. Sugarbush Meadow, LLC is the Supreme Judicial Court’s (SJC) latest snub to municipal attempts to control the development of low income housing.  Despite testimony from the Town’s Fire Chief that the Town lacks … Continue reading

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Appeals Court Ruling Promotes Expedited Resolution of Land Use Disputes

In 2006, then-Governor Mitt Romney signed into law “An Act Relative to Streamlining and Expediting the Permitting Process in the Commonwealth.”  The Act created a designated “permit session” in the Land Court designed to handle all permit-related litigation involving large … Continue reading

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Southborough Releases Comparison Showing Proposed Zoning By-Law Changes

After much delay and not without some controversy, the Town of Southborough has released a comparison of its new proposed Zoning By-Law showing the changes from the existing By-Law.  The 119-page comparison document is available on the Town’s website here.  … Continue reading

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MWDN: Potential Zoning Change for Mixed Use of Old HP Site in Marlborough

The MetroWest Daily News reports that the new owner of the long-vacant Hewlett Packard facility on Forest Street in Marlborough is seeking a re-zoning of the property that would allow a mixed use development.  Atlantic Management purchased the old HP … Continue reading

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UPDATE: Vote on Southborough Zoning Overhaul Delayed to January Special Town Meeting

As an update to our previous posts here and here, the MetroWest Daily News is reporting that the Town of Southborough has pushed out a vote on the pending zoning overhaul from October to a special Town Meeting in January.  … Continue reading

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Southborough Approves 40B Project on Route 9

As an update to our earlier post on 40B projects in the Boroughs+ area, the Southborough Zoning Board of Appeals has issued its final approval of the proposed Madison Place apartment complex on Route 9.  The Southborough Conservation Commission has also approved the … Continue reading

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