Land Use Permitting

Mirick O’Connell’s transactional real estate practice encompasses all real estate sectors and includes the representation of individuals, businesses, institutions and public entities in the acquisition, financing, disposition and management of real estate assets.  We also represent landlords and tenants in the negotiation and drafting of leases and subleases for office, retail, industrial, biomedical and R&D space.

Our attorneys assist clients in the planning and permitting of real estate projects from single-family homes to manufacturing facilities.  We understand the political framework in which all real estate development projects exist and have the experience, contacts and judgment required to shepherd a project to fruition and profitability.  We also have extensive experience with the redevelopment of former manufacturing properties and the conversion of existing structures into residential and commercial condominiums.

Today, every real estate development project is subject to some degree of environmental scrutiny.  We have the expertise to navigate the world of overlapping and multi-jurisdictional environmental permitting requirements.  Once a project has been permitted, we also have the skills and knowledge to draft and negotiate the construction documents needed to complete the project in a cost-effective and timely manner.  Our construction experience includes green building design and renewable energy projects.

Practice Chair

Todd K. Helwig

Todd K. Helwig
Partner

Brian Falk quoted in Telegram, "Central Mass. draws interest as hub of marijuana business"

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Representative Matters

  • Represented a school system in connection with a $35 million acquisition, financing and ground lease transaction for the district’s elementary and middle schools and for the construction of a new high school 
  • Represented a developer in connection with the acquisition, financing and construction of a continuing care retirement project
  • Represented a limited liability company in connection with the acquisition of a nursing home facility in Worcester
  • Represented a manufacturing company in connection with the acquisition and financing of a new manufacturing facility 
  • Represented a developer in obtaining zoning and state relief for the redevelopment of a 1 million square-foot mill building
  • Represented several developers in large multi-building commercial office park projects
  • Represented a local college in the permitting of a new student residence hall and parking garage 

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 …

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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 …

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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 …

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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 …

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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 …

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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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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 …

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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 …

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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, …

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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, …

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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 …

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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 …

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Our Practices