Boston Real Estate, Zoning, Land Use Lawyer
Land Use Planning, Zoning Applications and Appeals
Whether you’re a real estate developer who is developing or renovating commercial property or an individual planning to build or renovate a home, the complexities of land use and zoning issues can pose significant challenges to your goals. At Rudolph Friedmann LLP, we recognize the potential obstacles involved.
If you intend to build or make improvements to your property, our experienced land use attorneys are here to assist you. We provide focused and strategic advocacy, addressing regulatory compliance, zoning variances, permits, and site plan reviews. Let us guide you through these intricacies to ensure the successful realization of your real estate development objectives.
Land Use Planning in the Boston Area
At Rudolph Friedmann LLP, we assist clients with land use regulations, offering tailored legal solutions to property owners. Zoning is comprised of M.G.L. c., 40A (the “Act”) and ordinances and by-laws adopted by cities and towns to regulate the use of land. Leveraging our expertise, we provide comprehensive assistance in understanding and complying with zoning regulations—the primary tool employed by municipalities.
Zoning Applications
Our real estate lawyers understand that compliance with their local zoning ordinances and by-laws can be daunting if they are hoping to build or renovate their property. Our legal team can assist with zoning applications, ensuring adherence to the code’s regulations. Property changes that diverge from the code typically necessitate permits or variances, a process we streamline for our clients.
Homeowners often require permits for structural or occupancy changes, such as demolition, new construction, or additions. Obtaining prior approval from a plan examiner is crucial for changes in use and dimensions, and our team facilitates this, ensuring alignment with the city’s zoning ordinance or by-law. Depending on the project’s specifics, approvals from entities like the Boston Redevelopment Authority may also be necessary.
In instances where a proposed plan doesn’t meet zoning code requirements, our legal experts guide clients through the appeals process with the Zoning Board of Appeals, including participation in a public hearing to discuss and evaluate the merits of the plan.
Our legal team provides comprehensive support for various facets of land use and zoning, offering assistance that encompasses, but is not confined to, the following:
- Conditional Use (Boston only)
- Special Permits (outside Boston)
- Variances
- Local & State Board Approvals
- Easements
- Rights of Way
- Covenants
- Lot Protection
- Lot Mergers
- Land Use Planning Protection
- Title V Certifications
- Wetlands Issues
- Land Court Surveys
Land Use Appeals
Property owners may encounter challenges securing approval for their projects. When a proposed plan to build creates a non-conformity, and a property owner is denied a building permit, they can appeal to the Zoning Board of Appeals. This process involves filing an application and attending a public hearing where the merits of the plan are discussed and evaluated, providing an avenue for property owners to present their case, seek reconsideration, and potentially secure approval.
In Boston, the property owner must file their appeal within 30 days of the denial or decision being appealed. Property owners must file a notice of appeal specifying the basis, submitting it to the city clerk and permit granting authority. The board of appeals, appointed by the mayor, reviews the appeals. The requisite number of votes for a successful appeal depends on the zoning board’s size in the municipality. Rudolph Friedmann LLP, with its expertise, guides clients through the appeals process, ensuring a comprehensive and strategic approach to overcoming zoning challenges in any hearing. If an appeal is denied, the property owner may appeal the matter further, usually to the Superior Court or Land Court.
Our firm is experienced in handling diverse real estate matters involving land use, zoning applications, and appeals. Our experience includes:
- Residential and commercial construction permitting, zoning, and construction contracts
- Condominiums, creation, sales and purchases
- Multifamily
- Mixed Use
- Retail
- Businesses
- Nonprofit or religious institutions
- Assisted living residences
Consult with Our Skilled Boston Real Estate, Zoning and Land Use Lawyers
The property attorneys at Rudolph Friedmann LLP specialize in guiding real estate developers and homeowners in Boston through land use and zoning matters. With extensive experience, our team provides invaluable advice on regulatory requirements, assisting clients in navigating potential hurdles that might impede their plans. We collaborate closely with professionals such as developers, architects, and civil engineers, to ensure a comprehensive resolution of any concerns.
To speak with an attorney experienced in Land Use Planning, Zoning Applications or Appeals, call Managing Partner Jim Rudolph at (617) 723-7700 or contact us online.