Zoning/Land Use Matters

C&D represents Individuals and Entities in developing and implementing their plans for a new or altered structure on, or use of, their residential or commercial property and/or counseling regarding third party actions affecting their property.  

 

C&D understands that the myriad of local, state and federal land-use and zoning laws, rules, regulations, and procedures combined with the varying processes and makeup of each town’s local authorities can be overwhelming to clients who do not regularly engage in this process.  On the other hand, C&D regularly works with these rules and regulations and is a local firm familiar with the intricacies of the various local town departments, boards and committees.  As such, C&D is uniquely positioned to: (a) advise you on how to structure your real estate project to satisfy the applicable requirements to the satisfaction of the applicable local authority; (b) draft the appropriate documents; and (c) appear on your behalf at the authority’s hearing to obtain the necessary approvals.  C&D is a well-connected local firm that has the experience, contacts and judgment required to understand the players involved in your project and quarterback it to a successful conclusion. 

 

We regularly work alongside architects, surveyors, engineers, contractors and developers in the planning phase, prepare and file the appropriate documents with the operative local and regional authorities, and appear in front of town committees and boards (e.g. town Zoning Board of Appeals, Planning Board, Conservation Commission, Historical Commission, Board of Health) to obtain the necessary approvals (e.g. licenses, permits, orders of condition).

 

Due to the history, location and development of the Cape, property owners frequently face legal hurdles in trying to convert their property dreams into reality.  Does your property comply with current land use regulations and bylaws – e.g. lot size, setbacks, building coverage, lot coverage, etc.?  Is your property located in a flood zone or does the Wetlands Protection Act otherwise apply to your property and, if so, how does that affect your plans?  Do easements or rights of way impact your plans and are they still enforceable?  Do your plans constitute an altered use and is it permitted in your area?  Is your building historic and, if so, how does that affect your plans?  C&D can provide you the expertise to raise and answer the legal questions involved in your project and then obtain the necessary approvals from the appropriate authorities.

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C&D’s representation in projects often involves one or more of the following:

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• Provide assessment of, and/or guidance regarding, building ideas or plans conformity with land use or zoning restrictions;

• Identify and/or address potential issues concerning title, property lines,  easements, rights of way, adverse possession, nuisances, etc.;

• Work alongside your architects, surveyors, engineers and other experts by providing legal support and expertise for the project;

• Respond to cease and desist orders;

• Assist in the preparation of applications for building permits;

• Assist in the preparation of applications for, and the procurement of, Site Plan Approvals;

• Plan for, Draft Application For, and Appear at the town’s Zoning Board of Appeal Hearing for, a Special Permit or Variance; 

• Work with you to address any concerns from other town authorities (e.g. Planning Board, Conservation Commission, Historical Commission, Board of Health) about your project;

• Represent landlords and tenants with respect to leases and subleases, including drafting and negotiation, and other landlord-tenant issues.