Land Use Real Estate Zoning

Not Your Grandfather’s Nonconforming Structure: Mass. Appeals Court Discusses Difference Between Increasing an Existing Nonconformity and Creating a New One

August 19, 2020 / August 21, 2020 by Rick Novak | Leave a Comment

In perhaps a sign of the linguistic times, Appeals Court Justice James R. Milkey’s  opinion in the case of Comstock v. Zoning Board of Appeals of Gloucester received more media coverage for certain racial history commentary in a footnote than for the central zoning principles at stake. Yet, for zoning lawyers, there is far more […]

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Variances Zoning

Safety Issue Can Be “Hardship” Justifying A Zoning Variance

March 16, 2017 / April 3, 2017 by Donald R. Pinto, Jr. | Leave a Comment

The Massachusetts standard for granting a zoning variance is notoriously difficult to meet.  In a nutshell it requires proof that: (1) due to circumstances concerning soil conditions, the shape of the lot, or the topography of the land; which (2) especially affect the land but not the zoning district generally; (3) literal enforcement of the zoning ordinance would cause a […]

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