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.
At Pulgini & Norton, our Massachusetts real estate lawyers can provide legal counsel in any matter concerning residential property. We have represented buyers and sellers in home closings, building permit and zoning applications, title actions, foreclosures, any other types of real estate transactions. Schedule a free consultation to discuss your legal issue by contacting our office online or by phone at (781) 843-2200.
More Blog Posts:
Massachusetts Property Owners Seeking Approval to Build House Encounter Frontage Issues, Massachusetts Real Estate Lawyer Blog, published August 21, 2017
Massachusetts Property Owner Appeals After Zoning Board Denies Building Permit, Massachusetts Real Estate Lawyer Blog, published May 15, 2017