Brian R. Falk

Brian is a municipal and land use attorney in Mirick O'Connell’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 also 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 nine Massachusetts communities.
  • Provides special counsel and land use counsel services to several towns, cities, and districts.
  • Represented a large developer to obtain an overlay zoning amendment and land use permits for a 475-unit high-end apartment community.
  • Represented a boutique developer on zoning amendments and land use permits for a mixed residential/commercial downtown building.
  • Represented a large developer to obtain an overlay zoning amendment and land use permits for a $160 million regional hospitality, entertainment and retail center.
  • Represented a large cannabis operator to secure a special permit for a community’s first cannabis retail store.
  • Negotiated over 15 cannabis host community agreements on behalf of municipalities and private parties.
  • Led negotiations for a city on two multi-million dollar host community agreements for resort-style gaming establishments.

Publications/Presentations

  • “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 Clerk Alert, June 2, 2020 
  • “Public and Municipal Law," On Air with Mirick O’Connell legal podcast, April 10, 2020
  • “Extended Closure due to COVID-19 Raises Multiple Issues for Schools,” Mirick O’Connell Client Alert, March 30, 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
  • “Ruling underscores power of ‘host community agreements’ over pot retailers,” Massachusetts Lawyers Weekly, January 2, 2020 (quoted)
  • “Table of Experts: The Business of Cannabis,” Boston Business Journal, October 11, 2019 (panelist)
  • “Abutters’ appeal a first under Chapter 43S for DALA,” Massachusetts Lawyers Weekly, April 7, 2016 (quoted)
  • 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

  • Milford Area Chamber of Commerce, Board member
  • Massachusetts Municipal Lawyers Association
  • Worcester County Bar Association, Government Relations Committee, Municipal Law Section
  • Massachusetts Bar Association
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