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Hopkinton’s decision not to buy Weston Nurseries 708 acres could lead to . . . well . . . anything.

After much debate, the townspeople of Hopkinton recently voted down the opportunity to purchase 708 acres from the bankrupt owners of Weston Nurseries. The land was protected under Massachusetts state law, Chapter 61A, as agricultural land and was paying lower taxes as a result.

Boulder Capital, a developer, will purchase the land and has presented plans to develop 940 houses and apartments, and 450,000 square feet of commercial space.

[Read More in the Boston.com Blog]

Housing Market: Mixed Signals about Falling Prices for February

Two reports have been issued, one by the Massachusetts Association of Realtors, and the other by the Warren Group, but they give opposite responses to the housing market sales.

According to an article in the Boston Globe, Mass. Home Prices Still Fall, available at, http://www.boston.com/business/ticker/2007/03/mass_home_price.html, the reports are clear that “the February median sales price for a single family home in Massachusetts fell just over 4 percent.”

Massachusetts Association of Realtors, reports that sales for detached single family homes in the state rose 1.2 percent, but the median selling price fell 4.1 percent. In addition, condo sales rose 4.5 percent on a volume basis, but the median condo price in February 2007 fell 1.8.

The Warren Group, to the contrary reports, sales of single family homes in Massachusetts fell 1.4 percent, and the median price for a single-family home fell 4.6 percent. Likewise, condo sales fell 3.2 percent, and the median condo sale price fell 4.8 percent.

I, on the other hand, am 100 percent sure that housing prices will eventually rise and that and that the volume will either rise or fall, but will not stay the same.

What do YOU think?

Free Appeals - Well, maybe.

Yes, if it is a ground-breaking issue and you've made it to the appellate level (the Massachusetts Appeals Court, the SJC or the Federal Circuit Court of Appeals) and if you have exhausted your finances, I may be willing to represent you in a land use, construction or real estate related appeal and charge you a reduced, or no legal fee.

Why on earth would I do such a thing?

(1) Money shouldn't always control who wins;

(2) It's interesting;

(3) It helps me market my expertise.

Contact us to see if your case qualifies.

Is Land your Business?

Land Law is ours: www.Landlaw.biz

Meltzer Law Offices

 

The Housing Market Hits the Bottom

You heard it here first, remember that. We are at the bottom.

We will stay here (with some dips and starts) for 3-4 months and then head steadily upwards again.

On November 17, the Commerce Department reported that construction of new single-family homes and apartments dropped to an annual rate of 1.486 million units last month, down a sharp 14.6 per cent from the September level.

The decline, bigger than expected, was the largest percentage decline in 19 months and pushed total activity down to the lowest level since July 2000.

Applications for new building permits, seen as a good sign of future plans, fell for an eighth consecutive month, declining 6.3 per cent to an annual rate of 1.535 million units.

The level of building activity in October was 27.4 per cent below activity in October 2005, the biggest year-over-year decline since March 1991.

Construction of single-family homes fell by 15.9 per cent in October from the seasonally adjusted September level, dropping to an annual rate of 1.177 million units. Construction of multi-family units dropped by 9.1 per cent to an annual rate of 309,000 units.

But, the monthly survey of builder sentiment edged up slightly in early November following another small increase in October. It marked the first back-to-back improvements in builder sentiment since June 2005. Moreover, in the Northeast construction jumped by 31 per cent.

The smart money is on projects scheduled to hit the Spring 2009 market. Get you raw land NOW.

Is Development your Business?

Development Law is ours: www.Developmentlaw.biz

Meltzer Law Offices

 

Framingham Piling on the Planning Board Work.

In a continuing effort to increase its workload from ridiculous to beyond possible, the Framingham Town Meeting has adopted a Planning Board recommendation that Site Plan Review is required in Manufacturing Districts for projects of 8,000 square feet or greater.  While this is consistent now with other districts, it further erodes Building Inspector discretion in favor of full-board review.  While not a bad idea in theory, the Planning Board cannot possibly continue to take over the role of the building inspector and still expect to get the job done right and done timely.  See the article in the Metrowest Daily News HERE.

Is Land your Business?

Land Law is ours: www.Landlaw.biz

Meltzer Law Offices

 

Massachusetts Appeals Court enforces mandatory arbitration clause and affirms trial court’s dismissal of lawsuit.

 

November 23, 2005

Topic: Contract:Arbitration

In a dispute arising out of a contract for the excavation, purchase and removal of earth materials for the defendant’s land, the contract required any disputes be resolve through arbitration. The Superior Court dismissed the lawsuit and the Appeals Court affirmed the dismissal.

KINGSTOWN CORPORATION VS BLACK CAT CRANBERRY CORP. No. 04-P-331. November 23, 2005.

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Massachusetts Supreme Judicial Court reverses a Superior Court determination that the DEP order of conditions preempts the local order

November 22, 2005

Topic: Wetlands:Local Bylaw

The SJC determined that the town conservation bylaw is more stringent than the state statute because it demanded a “more exacting review” than the State. The Lincoln Conservation Commissions Order of Conditions was not preempted by the superseding order by the DEP.

HOBBS BROOK FARM PROPERTY COMPANY LIMITED PARTNERSHIP VS CONSERVATION COMMISSION OF LINCOLN. No. 04-P-1168. November 22, 2005.

Is Land your Business?

Land Law is ours: www.LandLaw.biz

Meltzer Law Offices