Brian R. Falk
Brian is a municipal and land use attorney in Mirick O'Connell’s Public and Municipal Law Group and Land Use and Environmental Law Group.
In his municipal practice, Brian counsels towns, cities, and districts in all areas of municipal law, including home rule, land use, 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 also represents private clients in land use permitting matters and real estate transactions. He regularly appears before municipal boards seeking special permits, variances, licenses, and other local approvals.
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
- Boston College Law School JD (2006)
- State University of New York at Geneseo BS, cum laude (2000)
- Provides Town Counsel services to eight Massachusetts communities.
- Provides special counsel and land use counsel services to several towns, cities, and districts.
- Led negotiations for a city on two multi-million dollar host community agreements for resort-style gaming establishments.
- Represented a large developer to obtain rezoning and land use permits for a $160 million regional hospitality, entertainment and retail center.
- Represented a boutique developer to secure land use permits for a mixed residential/commercial downtown building.
- “Getting Ready for a Brighter Economic Development Forecast in 2014,”Municipal Advocate, Vol. 24, No. 4 (2014) (co-author)
- "On Solid Ground: The Mirick O'Connell Real Estate Law Blog," (contributor) (2012 to present)
Professional / Community Affiliations
- Massachusetts Municipal Lawyers Association
- Worcester County Bar Association, Municipal Law Section, chair; Government Relations Committee
- Massachusetts Bar Association, Public Law Section Council
- American Bar Association
- Milford Area Chamber of Commerce, Board member
Building on Lands Formerly Used as Railroad Right-of-Ways- An Amendment That May Simplify the Permitting Process
For the last forty-five (45) years, obtaining a permit to build any type of structure on any former railroad right-of-way in the Commonwealth of Massachusetts has been far from seamless. Massachusetts General Law c.40 §54A, enacted by the legislature in …[ load webpage to read more ]
MassDEP Working on a Drinking Water MCL for PFAS
Several weeks ago, I posted that the Massachusetts Department of Environmental Protection (MassDEP) proposed a new groundwater standard for PFAS contamination under the Massachusetts Contingency Plan regulations (310 CMR 40.0000). Public comment on the proposed regulations remains open through July …[ load webpage to read more ]
Appearance of Bias Not Enough to Invalidate Appraisal – Unless the Contract Says Otherwise
When parties enter a contract involving an appraised value of real estate, they need eventual finality with respect to that appraised value, but they also want fairness in the appraisal process. In Buffalo-Water 1, LLC v. Fidelity Real Estate Company, …[ load webpage to read more ]
BREAKING: MassDEP Announces Proposed Revisions to the Massachusetts Contingency Plan, Including a Reportable Concentration for PFAS at 20 ppt
The Massachusetts Department of Environmental Protection (MassDEP) announced proposed revisions to the Massachusetts Contingency Plan (310 CMR 40.0000). This begins a 3-month public comment period that will end July 19, 2019, and will include four public hearings. According to MassDEP, …[ load webpage to read more ]
EPA Issues Interpretive Statement: Groundwater Discharges are Not Subject to the Clean Water Act
In a not-so-stunning development, the EPA on Monday issued an Interpretive Statement putting to rest speculation on EPA’s position as to whether groundwater discharges are subject to federal jurisdiction under the Clean Water Act (CWA). The answer: “No.” EPA’s 57-page …[ load webpage to read more ]
Third Party Beneficiary Rights in Construction Contracts
Last week the United States District Court in Massachusetts issued an important decision concerning third party beneficiary rights in construction contracts. In Arco Ingenieros, S.A. de C.V. v. CDM International Inc., Civil Action No. 18-12348-PBS, a design-builder incurred damages due …[ load webpage to read more ]
Title Defect? Here’s How to Keep Your Deal on Track
You are under contract to sell a commercial or residential property and your attorney tells you two weeks prior to closing that the buyer’s title search has revealed a title defect. While there is a large array of issues that …[ load webpage to read more ]
Short-Term Rental Law Takes Effect July 1st
Governor Baker recently signed “An Act Regulating and Insuring Short-Term Rentals”, imposing new taxes, registration and inspection requirements, and other rules governing the short-term rental of homes and residential units through Airbnb, VRBO, and similar platforms. Overview: The new law …[ load webpage to read more ]
Recovery of Attorney’s Fees and Costs in Construction Disputes
When construction projects become construction disputes, contractors and suppliers start thinking about how to recover their attorney’s fees and other legal costs. Massachusetts follows the “American Rule” for recovery of legal expenses that states each party must pay their own …[ load webpage to read more ]
Construction Insurance: Game of Risk
Construction work is risky by nature. Common risks include natural disasters, inclement weather, flood or fire, accidents t hat cause property damage or bodily injury, and the failure of one or more parties to perform their designated responsibilities, resulting in …[ load webpage to read more ]
A Landfill Is Not a “Point Source” Under the Clean Water Act, So Says the 4th Circuit and D.Mass.
Two recent rulings address the issue of whether a landfill is a “point source” under the Clean Water Act, 33 U.S.C. § 1251 et seq. (CWA), Sierra Club v. Virginia Electric et al and Toxics Action Center et al v. …[ load webpage to read more ]
The New Massachusetts Clean Energy Bill: Solar Advocates Left Waiting for the Next Installment
On July 31, 2018, the final day of its formal session, the Massachusetts legislature passed H. 4857, An Act to Advance Clean Energy, which Governor Baker signed into law on August 9. The bill represents several important steps forward in …[ load webpage to read more ]