November 29, 2020

Volume X, Number 334

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Real Estate Development in the Time of Coronavirus: Massachusetts – Update 7/7/2020

On July 2, 2020, Massachusetts Governor Charlie Baker issued a new state permitting order that rescinds and replaces his March 26, 2020 order. The new order sets specific dates for agencies to take action and for appeals of state permits to be filed. The main takeaways of the new order are:

  • Any constructive approval or denial that would have issued before August 17, 2020 if not for the governor’s prior order will now issue on August 17, 2020. Following that date, constructive approvals and denials will issue in the normal course.

  • Any hearing that a state agency would have been required to hold before August 10, 2020 if not for the governor’s prior order must be held by August 10, 2020. Following that date, the time frame for hearings will proceed in the normal course.

  • Any state agency decisions or requests due before August 10, 2020 if not for the governor’s order are now due by August 10, 2020. 

  • All appeal periods that would have expired before August 10, 2020 will now expire on August 10, 2020, and the time to appeal will expire in the normal course following that date.

  • Permits issued after March 10, 2020 continue to be tolled until the end of the state of emergency (a date yet to be determined). The recording requirements are tolled, as is the expiration date of the approval. State agencies have the discretion to waive deadlines within a permit if noncompliance is due to the COVID-19 pandemic.  

©2020 Pierce Atwood LLP. All rights reserved.National Law Review, Volume X, Number 197
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TRENDING LEGAL ANALYSIS

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About this Author

Dan Bailey environmental, land use, real estate, and municipal law.
Partner

Dan Bailey has more than 30 years of experience in environmental, land use, real estate, and municipal law. He prides himself on offering pragmatic solutions to complicated legal matters. While Dan’s “sweet spot” is the redevelopment of commercial property, he has a strong background in all aspects of environmental and regulatory law. Dan also handles all types of real estate transactions.  

Dan has helped facilitate development of a wide range of commercial real estate projects, ranging from mixed use (retail, office, and housing), multifamily housing, athletic facilities, marinas...

617-488-8165
Paula M. Devereaux Partner Boston Commercial Real Estate Law Real Estate Land Use Environmental
Partner

Paula Devereaux is an experienced commercial real estate and land use attorney, focusing her practice on development, zoning, permitting, planning, and environmental regulatory compliance. Paula serves as real estate counsel for a number of clients in the Greater Boston area, ranging from smaller organizations to large corporations, medical centers, retailers, and real estate firms. She regularly advises clients on Boston permitting matters, waterfront development issues, and in sales, acquisitions, and financings.

Paula is active in the real estate community, serving in leadership...

617488-8186
Gareth Orsmond Partner  real estate, land use, environmental and municipal law, real estate financing, affordable housing
Partner

Gareth Orsmond is a real estate lawyer with expertise in land use, environmental and municipal law, real estate financing, affordable housing, and large-scale development. Gareth’s practice encompasses commercial transactions, permitting, resolving property disputes, providing general counsel on a wide range of subjects, and litigating matters in administrative tribunals and court.

For more than 20 years, Gareth has represented diverse clientele, including developers, non-profit organizations, and governmental agencies. He has handled hundreds of hearings and meetings with...

617-488-8181
Donald R. Pinto, Jr., Pierce Atwood, litigation lawyer
Partner

Don Pinto has more than 30 years of experience as a civil litigator, with a focus on complex real estate and land use disputes. He handles cases at the trial and appellate levels in the state and federal courts and before administrative agencies. Outside the courtroom Don has successfully resolved many disputes through negotiation, mediation, and arbitration.

Don is also the founder, editor, and one of several contributors to Massachusetts Dirt and Development Law, the firm's real estate blog.

...

(617) 488-8175
Joel Quick Real Estate Attorney Pierce Atwood
Associate

Joel Quick focuses his practice on land use and real estate law, providing a full array of legal services for any commercial or residential development project, including analyzing land use and local environmental regulations and appearing before public bodies to seek needed relief. Joel also negotiates and drafts any restrictions, easements, and covenants required by a municipality as a condition of approval, and, if needed, will seek amendment of affordability, conservation, and preservation restrictions. With experience acting as counsel for a number of municipalities and municipal...

617-488-8157
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