Constructing or modifying a home often involves land use regulations, which may be navigated with the assistance of a Massachusetts real estate attorney. In a January 31, 2019 case, the Appeals Court of Massachusetts reviewed a decision from a local conservation commission denying the plaintiffs’ request to build a single-family home on a lot. The decision was affirmed by the Superior Court before the plaintiffs sought additional review from the Appeals Court.
In 2007, the plaintiffs in the case had filed a notice of intent with the commission, requesting an order of conditions to build their house. After a public hearing in 2009, the commission denied the plaintiffs’ request, concluding that it did not meet the requirements of the Massachusetts Wetlands Protect Act, nor the town’s wetlands protection bylaw and regulations. Over the next several years, the issue was appealed and remanded back to the commission for reconsideration. Ultimately, the commission denied the plaintiffs’ request for a second time for failing to meet the standards required under land use laws.
On appeal, the plaintiffs argued that there was substantial evidence to grant the notice of intent, and that the commission was required to allow a waiver under the wetlands bylaw and the regulations.