Land Use Zoning

Mass. SJC Reaffirms that Zoning Exemption for Educational Uses is Expansive; Residential Psychiatric Program for Adolescents Easily Qualifies

September 23, 2019 by Donald R. Pinto, Jr. | Leave a Comment

In a noteworthy decision today, the Supreme Judicial Court (SJC) reaffirmed that the exemption in the state’s Zoning Act, M.G.L. c. 40A, for uses deemed to be “for educational purposes,” is construed very broadly.  That exemption, which appears in Section 3 of Chapter 40A and is known as the Dover Amendment, provides in relevant part […]

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Easements Urban Renewal

UPDATE: Mass. High Court Takes Plaintiff Out of Game, Upholds Boston’s Transfer to Red Sox of Easement Rights Next to Fenway Park

September 20, 2019 by Paula Devereaux | Leave a Comment

In my post last week on Pishev v. City of Somerville (pdf), I mentioned that the Supreme Judicial Court (SJC) would be soon deciding another important urban renewal case, Marchese v. Boston Redevelopment Authority. It turns out “soon” was the next day. In its September 13, 2019 decision (pdf) in Marchese, the SJC upheld actions […]

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Land Use Urban Renewal

Mass. Appeals Court Upholds Somerville’s Union Square Revitalization Plan

September 12, 2019 by Paula Devereaux | Leave a Comment

In 2012, the City of Somerville, the Somerville Redevelopment Authority (SRA), and the Massachusetts Department of Housing and Community Development approved the Union Square Revitalization Plan (the Plan), an urban renewal plan to be administered by the SRA under M.G.L. c. 121B. A taxpayer group and a landowner (Pishev) appealed the approval of the Plan, […]

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