Waterfront Property


    … The Boston Planning and Development Agency recently released the Downtown Waterfront District Municipal Waterfront Plan (the “Waterfront Plan”). While virtually the entire Boston Harbor Waterfront is subject to Chapter 91 jurisdiction, municipalities are allowed to modify Chapter 91 regulations, as recently amended and promulgated by MassDEP…

    Massachusetts Land Use Monitor- 47 readers -
  • Regulatory Taking, Anyone?

    … A Cape Cod jury, after a scant one-hour deliberation, decided in favor of a Falmouth landowner who claimed that the Falmouth Conservation Commission’s refusal to grant variances from the Town’s Wetlands Protection Bylaw deprived her of all beneficial use of her property. The jury in Smyth v. Falmouth Conservation Commission and the Town…

    Massachusetts Land Use Monitor- 13 readers -
  • Smooth Sailing for Safe Salem Marina

    … in their present location. The Marina also proposed to widen the entrance to the marina, which would provide better access including for emergency vehicles. On appeal, Furlong argued that the safety concerns relied on by the Land Court in upholding the variance do not constitute a hardship under the statute. The Appeals Court began by noting…

    Gordon Orloff/ Massachusetts Land Use Monitor- 14 readers -
  • The Beach is This Way–And It’s My Registered Land

    … by prescription. However, an important advantage of registered land is that, under G.L. c. 185, § 53, it is immune to prescriptive easement claims. “Accreted” land is new land that gradually and imperceptibly attaches to waterfront property. The parties agreed that, under longstanding law, the accreted beach is owned by the plaintiffs. At issue was whether…

    Gordon Orloff/ Massachusetts Land Use Monitor- 21 readers -
  • Beverly Port Marina and the Fates of Permitting

    … Wharf in Beverly. Glover’s Wharf lies within a Designated Port Area (DPA) established in 1978. It also lies seaward of the historic high water mark. In other words, it's within the jurisdiction of Chapter 91, the Public Waterfront Act. In 1996, the city, aided by a grant from the Division of Conservation Services (DCS) urban self-help program…

    Gareth Orsmond/ Massachusetts Land Use Monitor- 24 readers -
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