When Do Neighbors Have Standing to Challenge a Zoning Decision? A Look at Stone v. Zoning Board of Appeals of Northborough
In Massachusetts, zoning disputes often begin with a basic but crucial question: who actually has the right to bring a challenge? A recent decision from the Supreme Judicial Court, Stone v. Zoning Board of Appeals of Northborough (SJC-13734, July 29, 2025), takes a close look at this issue and makes clear that speculation and personal […]
New Massachusetts Case Clarifies Zoning Rules for Sober Homes: BAK Realty, LLC v. City of Fitchburg
On March 28, 2025, the Massachusetts Supreme Judicial Court (SJC) recently issued a significant decision in BAK Realty, LLC v. City of Fitchburg, clarifying how local zoning laws apply to sober homes. The ruling has broad implications for property owners, nonprofit operators, and municipalities navigating the intersection of zoning regulations and disability protections under state […]
Special Permits vs. Variances: Which Do You Need for Your Real Estate Project?
Navigating zoning laws is often one of the biggest challenges in real estate development. Whether you’re planning a new commercial property, a residential renovation, or a mixed-use development, you’ve likely encountered the need for special permits or variances. But what’s the difference between these two zoning tools, and how do you know which one applies […]
Preexisting Nonconforming Uses and Structures in Massachusetts
Navigating the intricacies of Massachusetts real estate law can be challenging, especially when it comes to understanding preexisting nonconforming uses and structures as defined in G.L. c. 40A, § 6. Many consider this statute complex and somewhat ambiguous.. This article aims to clarify the essentials of § 6 and its implications for property owners. What […]
Case Summary: Bellalta v. Zoning Board of Appeals of Brookline
Bellalta v. Zoning Board of Appeals of Brookline, 481 Mass. 372 (2019) Click here for the text of the full decision. In this case, the court addressed a dispute concerning zoning regulations and nonconforming residential structures under Massachusetts General Laws c. 40A, § 6. The defendants sought to expand their two-family home by adding 677 […]
The Basics of Special Permits and Variances in Massachusetts
Navigating the complexities of Massachusetts real estate law can be daunting, especially when it comes to zoning regulations. Among the most critical elements are special permits and variances, which serve as essential tools for property developers and homeowners alike. This article delves into the statutory frameworks and procedural requirements that govern these two concepts, ensuring […]
Case Summary: Sheppard v. Zoning Board of Appeal of Boston
For the full decision: Sheppard v. Zoning Board of Appeal of Boston, 81 Mass. App. Ct. 394 (2012) In Sheppard v. Zoning Board of Appeal of Boston, the Massachusetts Appeals Court reversed the decision of the lower court, ruling that the zoning board had improperly granted variances for the construction of a larger home on […]