Land Use Subdivision

Mass. Appeals Court Highlights Workaround for Identifying a Public Way

November 8, 2019 by Joel Quick | Leave a Comment

The quality of a property’s frontage on a street or way can define its development potential and therefore its value. The gold standard, which will allow a comfortable check in the ‘frontage’ box in most Massachusetts municipalities, is having the amount of frontage required by the local zoning regulation on a public way. Not every […]

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Chapter 91 Easements

Appeals Court Interprets Chapter 91 License as Extending Private Way Over Lawfully Filled Land

April 23, 2018 by Daniel Bailey | Leave a Comment

The Appeals Court’s recent decision in Maslow v. O’Connor at first glance appears straightforward. The holding reiterates a familiar tenet of Chapter 91 licensing – that a Chapter 91 license doesn’t affect pre-existing property rights. But the result is quirky: in the name of preserving access to tidelands, the court in effect extends a private […]

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