Zoning and Land Use

When property owners or contract purchasers of land want to re-zone their land or obtain a special permit or variance to allow a new use or structure, our firm guides them through the process. We work closely with architects, engineers, consultants and other experts as proposed developments make their way through hearings at Town Hall. Senie and Associates, P.C. understands the concerns of the boards and commissions that review the proposals and can find the right balance between maximizing land use potential for our clients while making significant improvements to the community. We often represent groups concerned about projects proposed by others in their neighborhood, and engage the land use system in a way that minimizes the negative impacts of new developments.

Sample Matters Handled in this Area

Neighborhood Group, Conservation Commission, Deed Restrictions

Represented a group of residents who established a dog park on conservation land with the approval of the Conservation Commission. Another group of residents who opposed the dog park sued the town seeking a declaration that the dog park violated the deed restrictions applicable to the land. We ultimately sued the Town when it entered into a Consent Order agreeing to close the dog park over the objection of the Conservation Commission and appealed the Land Court decision accepting the Consent Order.

Wind Turbine, Noise, DEP, Neighborhood Group, Special Permit

Represented a group of residents on Cape Cod concerned with the noise which might be emitted by a proposed wind turbine that was being built in close proximity to their homes. Our firm successfully negotiated with the developer and the town a set of Special Permit conditions prescribing a noise testing mechanism to ensure that the wind turbine will generate low-frequency and pure tone noise at or below a level safe and comfortable for the immediate neighbors.

Smart Growth, Rezone, Zoning Bylaw

A client wished to rezone a large piece of property in metro west Massachusetts. Senie and Associates, P.C. successfully managed the client’s rezoning effort including drafting a proposed zoning bylaw amendment and working with architecture and engineering professionals to formulate a development plan for a 114 acre smart growth mixed-use village. We represented the client before town boards and commissions, and at the Town Meeting which ultimately approved the new overlay zone.

Easement, Access, Land Court

A client owned commercial property which could only be accessed by crossing land owned by an abutting commercial property owner. The abutter threatened to cut off our client’s access to his business. We successfully obtained a temporary restraining order from the Land Court to prevent interruption to our client’s business, making the case that an “implied easement” had existed since the parcels had been separated 10 years earlier. We then negotiated with the other party a formal easement agreement allowing our client to continue the use of the neighbor’s land to access his business and recorded the easement agreement on the land records.

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