| Comprehending the Role of 40B in Housing Development
Sponsored with the Massachusetts Conveyancers Association and the City Solicitors & Town Counsel Association
Please Note: This course has already
been held.
Date: Friday, May 09, 2003
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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M.G.L. Ch. 40B, the Comprehensive Permit Law, has become more controversial and more complicated than any time in its 33 year history. In the last 18 months, the Department of Housing and Community Development has adopted dozens of procedural and substantive revisions of the law. In July of 2002, the Legislature passed, but Governor Swift vetoed, the most sweeping amendments to the law since its enactment in 1969. Despite these developments, more changes to the law are anticipated.
New guidelines relative to the review of affordable housing projects funded through the Federal Home Loan Bank’s New England Fund were recently promulgated. At the State House, the Romney Administration has appointed a task force to take a fresh look at Chapter 40B and state legislators are considering nearly seventy bills to substantially rewrite the law.
This course will provide an up-to-date analysis of the law and regulations governing this most unique statute that enables residential developers to circumvent local land use regulations in those communities that lack sufficient low and moderate-income housing. You will gain a thorough understanding of all aspects of both seeking and reviewing a comprehensive permit from both an applicant’s and a municipality’s point of view.
Leading practitioners will share their valuable knowledge that will give you an edge, no matter what side of this issue you’re on. A Beacon Hill veteran will give you an insider’s perspective on the likelihood of further changes to Chapter 40B that will enable your clients to plan ahead.
Who Should Attend:
This program is essential for lawyers who represent developers of affordable housing or those who represent conventional builders who are considering applying for their first comprehensive permit, as well as town counsel and city solicitors. Municipal officials involved in local housing policies and members of zoning boards of appeals will also benefit from attending this in-depth program.
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Michael H. Jacobs
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MHJ Associates, Brookline, MA |
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Bernard V. Keenan
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Suffolk University Law School, Boston, MA |
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Elaine M. Lucas
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Brackett & Lucas, Worcester, MA |
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Edith M. Netter
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Edith M. Netter & Associates, Waltham, MA |
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Stephen M. Nolan
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Piper Rudnick LLP, Boston, MA |
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Werner Lohe, Chairman
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Housing Appeals Committee, Department of Housing and Community Development
Commonwealth of Massachusetts, Boston |
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Ruth J. Weil
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Assistant Town Attorney, Hyannis, MA |
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David S. Weiss
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Goulston & Storrs, P.C., Boston, MA |
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Benjamin Fierro, III
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Is a partner in Lynch & Fierro LLP, where he concentrates in legislative, regulatory and land use law. He is a graduate of Suffolk Law School. In 1997, he was named one of the “25 Most Influential Lawyers of the Past 25 Years” by Massachusetts Lawyers Weekly. Mr. Fierro is a member of the Advisory Board of Banker & Tradesman newspaper and a former member of the Board of Editors of Massachusetts Lawyers Weekly. Mr. Fierro is also the author of the two most recent amendments to the Zoning Act relative to cluster zoning and the use of land transfer of development rights. |
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| S C H E D U L E / A G E N D A |
| 9:00 |
Welcome & Introduction |
Benjamin Fierro, III, Esq., Chairperson
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| 9:10 |
Why 40B? |
- Overview of Zoning Authority under 40A
- Why is 40B revolutionary?
Associate Dean Bernard V. Keenan
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| 9:40 |
What Is a Comprehensive Permit |
- Local housing partnerships
- Model rules
- What to do before application
- How to work with clients
- How to prepare application
- Addressing political issues
- How to conduct financial analysis
- Looking beyond proforma
Michael H. Jacobs, Elaine M. Lucas, Esq. & Stephen M. Nolan, Esq.
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| 11:30 |
Drafting & Negotiating Permit Conditions |
- Municipal and developer perspectives as to key issues - Edith M. Netter, Esq.
- Panel Commentary - Elaine M. Lucas, Esq., Stephen M. Nolan, Esq. & Ruth J. Weil, Esq.
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| 12:45 |
Lunch - on your own |
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| 1:45 |
Practice Before the Housing Appeals Committee |
- Committee procedure
- Role in jurisdictional disputes
- How settlements are structured
- How to present your case
- What kind of evidence to submit
- What kind of witnesses
- What is the process
- Timing and decision-making
Werner Lohe, Ruth J. Weil, Esq. & David S. Weiss, Esq.
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| 3:15 |
Judicial Review - Process and Procedure |
- What happens after HAC review
- What happens after Grant of Permit
- Standing
- Review by the Appellate Courts
- Practical considerations
David S. Weiss, Esq.
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| 4:00 |
Regulatory and Legislative Changes |
Benjamin Fierro, III, Esq., Chairperson
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| Date: |
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Friday, May 09, 2003 |
| Tuition: |
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Tuition is $199; $159 for attorneys admitted to the Bar after 2000, members of the MCA or City Solicitors and Town Counsel Association. The course book is included in the tuition charge. A limited number of partial scholarships are available. Please submit a written request via fax 617-305-3099.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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This course will provide CLE Credit in RI, NH, VT, NY & ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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