Fitch Law Partners LLP
Excellence in Complex Litigation

Planning and Zoning Appeals

What is LEED Certification?

LEED, which stands for Leadership in Energy & Environmental Design, is a certification program that recognizes and promotes environmentally sound building and design practices.  Developed by the U.S. Green Building Council, LEED certification is available not only for new brick and mortar projects, but also for things like renovations, building maintenance, and land development.  

Massachusetts Court Sheds Light on Procedure for Appealing a BHAC Determination

In Maiocco v. Leggs, 32 Mass.L.Rptr. 228 (2014), Judge Robert Gordon considered when a party's right to appeal a decision of the Beacon Hill Architectural Commission terminated. Under 1995 Mass. Acts, Chapter 616, the proponent of a construction project involving exterior architecture within the Beacon Hill Historic District must apply to the Beacon Hill Architectural Commission for approval of the project in the form of a Certificate of Appropriateness (COA). After holding a public hearing on the application, the Commission "determine[s]" whether the proposed construction project is "appropriate to the preservation of the historic Beacon Hill district..."  Any party "aggrieved" by the Commission's decision must notify the Commission of its intent to appeal within 8 days of mailing of notice of the determination and must file its appeal in Suffolk Superior Court within 30 days of the "determination."

For Large Project Permitting Appeals, No Removal From Land Court's Permit Session to Housing Court

In a decision handed down just last week, the Appeals Court ruled that a large project permitting appeal filed in the Land Court's six-year-old permit session cannot be removed to the Housing Court, since the Housing Court lacks jurisdiction over such matters.  In Buccaneer Development, Inc. v. Zoning Board of Appeals of Lenox, Appeals Ct. No. 1-P-1159, the Appeals Court vacated a Housing Court judgment upholding the Town of Lenox's denial of a special permit for construction of a twenty-three home retirement community, and remanded the matter to the Land Court for a new trial. 

Contact Us

Fitch Law Partners LLP
1 Beacon Street
Boston, MA 02108

Phone: 617-542-5542
Fax: 617-542-1542
Boston Law Office Map

Fitch Law Partners LLP
56 Pine St
Providence, RI 02903

Phone: 401-521-6500
Fax: 401-274-2780
Providence Law Office Map

Fitch Law Partners LLP
110 Cedar Street
Suite 250
Wellesley Hills, MA 02481

Phone: 617-542-5542
Fax: 617-542-1542
Map & Directions