Brian R. Falk
Partner
Legal Administrative Assistant Kim E. Keating
Brian is a partner in the Firm's Public and Municipal Law Group and Real Estate and Environmental Law Group. Brian also leads Mirick O’Connell’s Cannabis Industry Group.
In his municipal practice, Brian counsels towns, cities, and districts in all areas of municipal law, including home rule, zoning, real estate, elections, finance, taxation, procurement, public construction, and general governance. Brian advises local officials on compliance with the Open Meeting Law, Public Records Law, and Conflict of Interest Law, and has extensive experience drafting town meeting warrants, bylaws, ordinances, and special legislation.
Brian represents private clients in land use permitting matters. He regularly appears before municipal boards seeking special permits, variances, licenses, zoning amendments, and other local approvals for large projects and challenging sites.
In 2014, 2015, and 2016, Brian was named a Massachusetts "Rising Star" by Boston magazine and Law & Politics. Brian previously served on the Milford Zoning Board of Appeals.
Bar & Court Admissions
- Massachusetts
- Boston College Law School JD (2006)
- State University of New York at Geneseo BS, cum laude (2000)
- Provides Town Counsel services to eleven Massachusetts communities and provides special counsel and land use counsel services to several towns, cities, and districts.
- Represents applicants on large projects and complicated sites in Marlborough, Worcester, and communities throughout Massachusetts.
- Represented a national developer on zoning amendments and land use permits for a 276-unit mixed residential/commerical building.
- Represented a regional developer to obtain an overlay zoning amendment and land use permits for a 475-unit high-end apartment community.
- Represented boutique developers on zoning amendments and land use permits for a mixed residential/commercial downtown buildings.
- Represented a large developer to obtain an overlay zoning amendment and land use permits for a large hospitality, entertainment, and retail center.
- Represented a large cannabis operator to secure a special permit for a community’s first cannabis retail store.
- Led negotiations for a city on two multi-million dollar host community agreements for resort-style gaming establishments.
Publications/Presentations
- “SJC Finds Public Meeting Comment Restrictions Unconstitutional,” Mirick O’Connell Client Alert, March 10, 2023
- Quoted in “Home field advantage: Local attorneys smooth the path for developers,” Worcester Business Journal, January 23, 2023
- “Remote Public Meetings Extended Through March 31, 2023,” Mirick O’Connell Client Alert, July 19, 2022
- “AG Issues Guidance on Gun Licensing Following Supreme Court Decision,” Mirick O’Connell Client Alert, July 18, 2022
- “Remote Public Meetings Authorized Through July 15, 2022,” Mirick O’Connell Client Alert, February 22, 2022
- “Remote Public Meetings Authorized Through April of 2022,” Mirick O’Connell Client Alert, June 18, 2021
- “Remote Public Meetings Authorized Through April of 2022; New Law Extends Additional COVID-19 Emergency Rules,” Mirick O’Connell Client Alert, June 18, 2021
- “New Gatherings and Capacity Restrictions Effective December 26; SJC Upholds Governor’s Authority to Issue COVID-19 Orders,” Mirick O’Connell Client Alert, December 23, 2020
- “Municipal Permitting Timelines Resume on December 1,” Mirick O’Connell Client Alert, November 20, 2020
- “Governor Updates Restrictions on Gathering, Masks, and Business Hours,” Mirick O’Connell Client Alert, November 4, 2020
- "Governor Updates Restrictions on Gatherings and Restaurants,” Mirick O’Connell Client Alert, August 11, 2020
- "New Municipal Relief Act has Important Provisions for School District Service Contracts and Emergency Educator Licensing,” Mirick O’Connell Client Alert, June 18, 2020
- "Quorum at Town Meeting may be Reduced During State of Emergency,” Mirick O’Connell Client Alert, June 9 2020
- "Municipalities May Allow Outdoor Dining for Restaurants During COVID-19 Re-Opening," Mirick O'Connell Client Alert, June 2, 2020
- “Local Government During COVID-19," On Air with Mirick O’Connell legal podcast (April 10, 2020)
- “New Municipal Relief Bill Extends Town Budget Season, Tolls Land Use Permitting Deadline, and Authorizes Take-Out Beer and Wine Sales,” Mirick O’Connell Client Alert, April 3, 2020
- “Extended Closure due to COVID-19 Raises Multiple Issues for Schools,” Mirick O’Connell Client Alert, March 30, 2020
- “COVID-19 Legislation: Election Postponement Bill Enacted, and Governor Files Bill on Municipal Permitting and Tax Deadlines,” Mirick O’Connell Client Alert, March 24, 2020
- "Governor Files Bill to Help Delay Town Meeting Season During COVID-19 Emergency,” Mirick O’Connell Client Alert, March 17, 2020
- “Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency,” Mirick O’Connell Client Alert, March 13, 2020
- “Building the Boroughs: A Year in Review,” Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog, January 31, 2020
- Quoted in “Ruling underscores power of ‘host community agreements’ over pot retailers,” Massachusetts Lawyers Weekly, January 2, 2020
- “Table of Experts: The Business of Cannabis,” Boston Business Journal (October 11, 2019) (panelist)
- “Short-Term Rental Law Takes Effect July 1st,” Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog, January 18, 2019
- Quoted in “Abutters’ appeal a first under Chapter 43S for DALA,” Massachusetts Lawyers Weekly, April 7, 2016
- “ATB: Solar Energy Systems Exempt from Property Taxes,” Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog, December 9, 2014
- “SJC: Private Forest Land Eligible for Tax Exemption,” Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog, May 15, 2014
- “MAPC: Region Needs 435,000 New Housing Units by 2040,” Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog, January 16, 2014
- “SJC to Rule on Tax Status of Forest Land,” Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog, January 10, 2014
- “Getting Ready for a Brighter Economic Development Forecast in 2014,” Municipal Advocate, Vol. 24, No. 4, 2014 (co-author)
- “CPA Grants to Churches Raise Constitutional Questions,” Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog, July 18, 2013
- “Towns Can’t Ban Marijuana Shops; Zoning Moratoria OK,” Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog, March 18, 2013
- “Pending Legislation Would Dramatically Reform Massachusetts Land Use Law,” Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog, February 19, 2013
- “Communities Taking preemptive Strikes Against Marijuana Shops,” Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog, January 8, 2013
Professional / Community Affiliations
- Milford Area Chamber of Commerce, former Board member
- Massachusetts Municipal Lawyers Association
- Worcester County Bar Association, Government Relations Committee, Municipal Law Section
- Massachusetts Bar Association
A Classic Distinction Between Legal Remedies and Equitable Remedies: 1st Circuit Overturns Decades-Old Precedent On Citizen Enforcement of Clean Water Act
The First Circuit recently overturned a thirty-one year old decision on citizen enforcement of the Clean Water Act (CWA). The now-overruled decision is North and South Rivers Watershed Ass’n v. Town of Scituate, 949 F.2d 552 (1st Cir. 1991), in …
[ load webpage to read more ]Municipal Law: Supreme Court Lightens Up On Standard of Review for Certain Sign Bylaws
Recently, the Supreme Court addressed a challenge from two private entities related to the constitutionality of a sign bylaw (“Bylaw”) instituted by the City of Austin (“City”). In City of Austin v. Reagan National Advertising of Austin, LLC, et. al., …
[ load webpage to read more ]“A Trap for the Unwary:” Bankruptcy Court Declares Debtor’s Homestead Deficient
In In re Luu, Danny Luu (the “Debtor”) argued that he had a homestead exemption in the amount of $324,960.00. He argued that because he filed a homestead declaration on March 18, 2021—just two days prior to filing his Chapter …
[ load webpage to read more ]State’s Highest Court to Determine Scope of Dover Amendment Solar Protection in M.G.L. c. 40A
Last week, the SJC heard oral arguments for a case that is anticipated to potentially impact municipal zoning, specifically in the realm of solar energy projects. The outcome of this case will either aid or inhibit a municipality’s ability to …
[ load webpage to read more ]Remote Public Meetings Authorized Through April of 2022; New Law Extends Additional COVID-19 Emergency Rules
Public bodies may continue to hold remote meetings through April of 2022 under new legislation enacted this week. The statute, Chapter 20 of the Acts of 2021, authorizes a quorum of a board or committee to meet remotely and require remote …
[ load webpage to read more ]Municipal Permitting Timelines Resume on December 1
Effective December 1, municipal boards must follow the usual permitting deadlines following a COVID-19 statute enacted last week. Towns and cities had been operating under Section 17 of Chapter 53 of the Acts of 2020, which tolled the deadlines for commencing …
[ load webpage to read more ]Important Update – The Impact of Coronavirus on the Construction Industry
Since our post on March 18, a lot has happened from both a health and regulatory standpoint as far as the impact from the outbreak of COVID-19 (“coronavirus”) on local and state construction practice. Here is an update, as of …
[ load webpage to read more ]The Impact of Coronavirus on the Construction Industry
The outbreak of COVID-19 (“coronavirus”) has impacted all industries, including construction. First and foremost, we are in the midst of a public health crisis, and the safety and well-being of all project participants should be top of mind. We are …
[ load webpage to read more ]Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency
Governor Baker signed an Executive Order relieving government boards and committees from compliance with certain Open Meeting Law requirements during the novel Coronavirus (COVID-19) emergency. The Order gives public bodies greater leeway to hold closed-door and remote meetings, so that government agencies …
[ load webpage to read more ]SJC Reverses Appeals Court on Standing Requirements Under the Zoning Act – With Record Speed
All zoning conformities are alike, to rephrase Tolstoy’s famous opening line, but each zoning-related injury is injurious in its own way. Such has been the time-honored tenant of Massachusetts law for abutter standing under the Zoning Act. To successfully challenge …
[ load webpage to read more ]PFAS Concerns Mounting for Cities and Towns as MassDEP Proposes Maximum Contaminant Level in Drinking Water
Many of our readers will be aware that on December 27, 2019, the Massachusetts Department of Environmental Protection (MassDEP) proposed a Maximum Contaminant Level (MCL) for PFAS in drinking water of 20 parts per trillion (0.02 ug/L or ppt) for six PFAS …
[ load webpage to read more ]Building the Boroughs: A Year in Review
In 2019, Mirick O’Connell’s permitting attorneys were proud to help our clients, large and small, with local approvals in Marlborough for 6 great projects. Thank you to our clients and the City of Marlborough for a wonderful year! Click here …
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