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

  • Northborough Conservation Commission
  • Northborough Community Preservation Committee
  • Real Estate Bar Association
  • Blackstone Valley Heritage Corridor, Inc., director/secretary
  • Northborough White Cliffs Commission, chair

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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