Westfield Zoning Attorney

Find the right Zoning Planning & Land Use attorney in Westfield, MA

Zoning Planning & Land Use Law in Massachusetts

The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Westfield, Massachusetts can sometimes be a bit confusing. This article will not make its reader an expert, but should serve as a good introduction to the subject.

Local governments will typically divide the city or town into sections, called "zones," each of which is designated for a specific use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."

Local governments have various different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to safeguarding property values. For instance, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.

While zoning laws appear to be geared just toward protecting residents, they also protect industry, by ensuring that they are free to conduct their business without getting caught up in the various legal disputes that would be inevitable if they were closer to a residential area.

Possible Outcomes of Boundary and Title Disputes in Westfield, Massachusetts

You have quite a few options if you find that a planned or prevailing use of your property breaks Westfield, Massachusetts's zoning regulations.

It should be clear, however, that the ideal solution is to just fix any condition on your property which is in violation of a local zoning law. If the violation is not significant, and correcting it won't considerably interfere with your use of your property, this is likely the ideal course of action.

However, it isn't always practical or affordable to correct a minor violation of a zoning law. For instance, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of Westfield, Massachusetts's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a certain provision of a zoning law to a single violation. These aren't always granted, but usually have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.

Moreover, if you have been residing on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your prevailing use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.

What Can A Westfield, Massachusetts Attorney Do?

If you find yourself facing zoning or other land use issues, it's critical to have good legal advice. A reliable Westfield, Massachusetts attorney will help you work within the law to ensure that you are as free as possible to make the use of your land that you want.

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Life in Westfield

Westfield is situated in Hampden County, Massachusetts. It is a very historic settlement, being incorporated as a town in 1669 and 1920 as a city. It currently has a population of over 42,000 residents and is considered an important retail and commercial center.

The city of Westfield is home to some of New England's most outstanding attractions. For instance, Stanley Park is a 180-acre site featuring picnic, tennis, and children's play areas. Stanley Park is painstakingly maintained with several floral gardens, arboretums, and fountains. It also has a newly developed area showcasing Early American scenery.

Other points of interest in Westfield include the Amelia Park Ice Rink and the Metacomet-Monadnock Trail. Westfield State University is also located in the city. Westfield's employment and economic growth have overtaken its population growth rate, which is a good indicator of its favorable economic climate. The city's largest areas of employment are in retail, manufacturing, education, and health social services.

Most lawyers in Westfield, Massachusetts file their cases at the Massachusetts District Court Department, Westfield Division. The district court is conveniently located in Westfield and also serves a total 8 other towns. Westfield lawyers offer superb services in a variety of legal fields and practices.

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