Land Use Development, Zoning and Permitting

Description

Real estate developers, owners, tenants and investors regularly engage Smolak & Vaughan as counsel in a wide variety of zoning, land use permitting, compliance, and other entitlement matters on the local, state and federal levels on numerous high-profile real estate projects throughout New England. 

• Barriers to entry for new development have never been higher. When we are provided with a development plan, we recognize potential issues and offer solutions before they become problems to efficiently move our clients through the entitlement process. 
• We have represented landowners, developers and others in over 125 Massachusetts and New Hampshire cities and towns, so we are skilled at navigating the local permitting process.
• We have developed strong relationships with regulatory agencies, and we are regularly called upon to participate in State regulatory and other rule-making working groups.
• We have recognized experience within the region on a variety of zoning, wetlands, environmental impacts review, air and water quality regulations, traffic and parking matters, environmental and historical restrictions, as well as a reputation for securing the approvals to move a project to completion. 
• Our knowledge of our clients' industries and the regulatory environment allow our clients to rely on Smolak & Vaughan for strategic advice and counsel across a range of development projects, from industrial and ecommerce facilities to multifamily residential projects involving historic and low income tax credits, to complex mixed use developments, and to public private partnerships.
• We know how to get through the complex entitlement process, and when necessary, we represent and defend our clients in appeals, before administrative agencies or the courts.

We team with our clients to navigate through all aspects of the development process, including...

Development Process

• Project planning and feasibility, including due diligence review of zoning, land use and other permitting issues to identify potential challenges, obstacles and opportunities;
• Identifying key stakeholders and other participants early in the process and facilitate dialogue with neighbors and other stakeholders;
• Reviewing zoning requirements and site histories to determine whether existing buildings and land comply with zoning, and to identify value add opportunities for expansion or redevelopment potential;
• Implementing rezoning strategies, and working with the project engineers, architects and other project team members to ensure permit applications and follow-up are accurate, effective, consistent, timely and on budget;
• Securing local zoning, special permit and other approvals under zoning ordinances or by-laws, and coordinating the process with state and local entitlements to ensure the process maximizes opportunities to compress the development schedule to ensure the process is efficient, timely and complete; 
• Defending project zoning approvals and other permits from administrative appeals and court challenges by abutters, special interest groups, and other third parties; and,
• Examining potential public/private partnerships to secure funding and other value-add opportunities such as tax increment financing and the MassWorks Infrastructure Program through the new Community One Stop for Growth process designed to facilitate infrastructure improvements and permitting.