Todd K. Helwig

Todd is a partner and chair of the firm's Land Use and Environmental Law Group. He represents buyers and sellers in all types of real estate transactions and represents both landlords and tenants in lease negotiations for office, manufacturing, retail, laboratory and biomedical space. In addition to assisting clients in obtaining the real estate on which to operate a successful business, Todd works with clients to obtain the permits and approvals required to operate their business. In this regard, he has significant experience representing clients before municipal boards and commissions and working with state regulatory agencies in Massachusetts.

Todd is also a LEED Accredited Professional.

In 2009, Todd was selected by the Worcester Business Journal as one of "40 under Forty" professionals honored for their professional excellence and community service.

Bar & Court Admissions

  • Massachusetts
  • Washington College of Law, American University JD (1996)
  • Bucknell University BA, magna cum laude (1993)
  • Represented a regional manufacturer in the acquisition and permitting of property for use as a manufacturing and distribution facility
  • Represented businesses and institutions in the negotiation of leases for laboratory, research and biomedical space in Massachusetts and Maryland
  • Represented a landowner in the negotiation of a hard rock mining lease that involved issues of environmental liability and the minefill of coal combustion waste
  • Represented a regional manufacturer in the disposition of surplus real property and the leasing of space for office and manufacturing use; assisted client with Chapter 21E hazardous materials contamination issues
  • Represented a high-technology company in connection with the disposition of surplus office space in multiple jurisdictions
  • Represented an institutional client in connection with its campus expansion plans, which involved working with MEPA, DCR and DEP to obtain the required approvals
  • Represented an international manufacturer in the leasing of a new assembly and distribution facility in Illinois

Publications/Presentations

Professional / Community Affiliations

  • Community Preservation Coalition
  • Northborough Conservation Commission
  • Northborough Community Preservation Committee
  • Real Estate Bar Association
  • American Bar Association
  • Massachusetts Bar Association
  • Worcester County Bar Association

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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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 …

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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 …

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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 …

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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 …

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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. …

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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 …

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