Firm Secures Rare Court Order Remanding Large Nantucket Housing Development Project to Local Authorities

The Firm’s attorneys recently prevailed in the first phase of their Nantucket Superior Court appeal from a decision of the Massachusetts Housing Appeals Committee (HAC). That decision would expand a “comprehensive” permit under Massachusetts General Laws Chapter 40B for a controversial proposed 156-unit, 283-bedroom housing development in Nantucket’s Surfside District. The Firm successfully overcame HAC’s initial refusal to allow its clients to intervene as parties in that administrative appeal process and then presented significant new fact and expert testimony. Those clients, elderly residents who live next to the development site, are concerned with impacts of the proposed 18-building project on traffic congestion and safe access to their homes, firefighting capabilities and access, public safety, their private wells (including groundwater impacts and storm water controls), local water supply needs, and the architecturally varied and low-key character of their historic neighborhood. The Superior Court has agreed with the Firm’s arguments that the developer’s changes to its proposal in the midst of the HAC appeal were substantial. It therefore remanded the project back to HAC with specific instructions to further remand the project to the Nantucket Zoning Board of Appeals for public hearings regarding those impacts on “local needs” pursuant to Chapter 40B.

In Memoriam etched in granite

In Memoriam: James T. Hargrove

Our colleague and friend Jim Hargrove passed away recently.

An accomplished insurance law attorney and litigator with a deep background in the insurance industry, Jim was a native of Indiana and long-time resident of Gloucester.

He earned his bachelor’s degree in theater, had remarkably wide-ranging interests, and was an avid and experienced sailor.

Curious, earnest, and engaging, Jim was generous with his thoughts, loved to collaborate with his colleagues in the Firm, and was always ready to lend a hand.

Jim, we are so glad to have known you and to have worked closely with you. You will be missed.

Brooks & DeRensis Office Building

Natick Firm Joins Brooks & DeRensis

Levoy & Wadhwa, LLC, a general practice firm established in 1960 in Natick, Massachusetts has merged with Brooks & DeRensis, adding a MetroWest office and an experienced team to Brooks & DeRensis’s growing, multidisciplinary firm.

George E. Levoy and the Levoy & Wadhwa team will continue to practice and provide legal services from their offices in the historic Clark House in Natick, serving all clients without interruption.

The combined firm will operate under the name of Brooks & DeRensis, now with two locations, Boston and Natick. “This is an important step forward for our firm and the clients we serve,”  said Attorney George E. Levoy. “By merging with another team of dedicated legal professionals, we can expand the services we are able to provide to meet our clients’ evolving needs.”

Attorney Threatens Lawsuit Over State Maps He Says Are Racially Drawn

by Wheeler Cowperthwaite, from The Patriot Ledger

A Boston attorney is threatening to sue the state over what he says are racially gerrymandered house districts that dilute Randolph’s diverse voting power.

Attorney Paul DeRensis said he wants Randolph to be in one house district. Before the new maps were signed into law last week, Randolph’s voting power was split into three districts. Now, it’s in two districts, dividing the vote of Black and other minority voters. He said he is representing Randolph voters.

“What the new districts do is they divide the Black community between two white districts,” he said.

Elected town officials say the redrawing of political maps, done every 10 years following the census, has always hurt Randolph. The town is a majority-minority community and incumbent legislators consistently work to protect their districts to avoid running against each other.

Court Affirms Judgment

COMMONWEALTH OF MASSACHUSETTS

APPEALS COURT CLERK’S OFFICE

Dated: December 9, 2020

RE: No. 2019-P-1830
Lower Court No: 1482CV01677

BENJAMIN F. GOFF TRUSTEE vs. TOWN OF RANDOLPH

NOTICE OF DECISION

Please take note that on December 9, 2020, the Appeals Court issued the following decision in the above-referenced case:

Decision: Rule 23.0 Judgment affirmed. (Green, C.J., Ditkoff, Hand, JJ.). *Notice.

Starting at 11:00 AM on the date of this notice, a copy of the court’s decisions in this case will be available at:

https://www.mass.gov/service-details/new-opinions

You can type or copy and paste the above address to view or download the decision. Decisions are posted on the court’s website for two weeks. A copy of all decisions older than two weeks will be available on http://www.lexisnexis.com/clients/macourts/

The clerk’s office will not mail a paper copy of the decision to you. Only incarcerated self-represented litigants will receive a paper copy by mail. Any questions regarding retrieval of decisions should be directed to the Office of the Reporter of Decisions at 617-557-1030.

Any further filings in this appeal by attorneys must be filed by using the electronic filing system. For access go to http://www.efilema.com/

Very truly yours,
Joseph F. Stanton, Clerk

Read Decision Read Memorandum

DHS Rescinds Foreign Visa Rule

Breaking News

July 14, 2020 at 3:00 p.m., in US District Court for the District of Massachusetts in a hearing involving litigation filed by Harvard University and Massachusetts Institute of Technology challenging DHS’s July 6, 2020, international student guidance, DHS has agreed to fully rescind the July 6, 2020, ICE guidance and the July 7, 2020, Frequently Asked Questions, and rescind all implementing guidance. The status quo based upon the agency’s March 13, 2020 guidance will remain in force.

Due to the COVID-19 pandemic, ICE’s Student and Exchange Visitor Program (SEVP) instituted a temporary exemption regarding online study policy for the 2020 spring and summer semesters. This policy permits F-1 and M-1 foreign students to take more online courses than normally allowed for purposes of maintaining a full course of study to maintain their non-immigrant student visa status during the COVID-19 emergency. Then, on July 6, 2020 ICE announced a change in policy for the fall 2020 semester: “Students attending schools operating entirely online may not take a full online course load and remain in the United States. The US Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will US Customs and Border Protection permit these students to enter the United States. Active students currently enrolled in such programs must depart the country or take other measures…Students attending schools operating under normal in-person classes are bound by existing federal regulations. Eligible F students may take a maximum of one class or three credit hours online…  Students attending schools adopting a hybrid-model…will be allowed to take more than one class or three credit hours online…” Harvard and MIT petitioned the federal court for a temporary restraining order pausing the enforcement of this policy. They were joined by fifty-nine more schools which filed an amicus brief. The Trump administration agreed to rescind these rules today.

BD Law Announces Expansion of Real Estate Group

Brooks and DeRensis, PC is pleased to announce the expansion of our Real Estate Group practice to include Stephanie Petty, Esq.

Stephanie brings extensive experience in advising both buyers and sellers in residential real estate transactions, including real estate (lender) closings.  Stephanie also represents an impressive array of real estate developers in connection with condominium conversions, including advice as to Limited Liability Company setups, and like vehicles for development and financing of real estate projects.

In assisting buyers and sellers of real estate from “offer” to “closing”, Stephanie’s additional experience with Estate Planning (Wills and Trusts), and probate administration also comes into play to allow a complete solution to client’s and property owner’s legal needs.

Stephanie will be joining Real Estate Group Leader John GF Ruggieri in the expansion of  BD Law’s residential and commercial real estate development practice.  The firm represents developers, lenders and private investors in a variety of commercial and residential transactions.

Brooks & DeRensis PC is a full service law firm based in downtown Boston, now with a satellite office in Wakefield, MA.

Ms. Petty concentrates her practice in Residential Purchases and Sales, General Business, Estate Planning and Probate Administration.

Mr. Ruggieri concentrates his practice in Real Estate Development and conveyancing, Condominium Law and General Business and Litigation Strategy Advice.

Stephanie Petty, Esq.

Stephanie Petty, Esq.
Real Estate, Estate Planning (Wills & Trusts), Probate Administration

857-702-9405
spetty@bdboston.com

John GF Ruggieri-Lam, Esq.

John GF Ruggieri-Lam, Esq.
Of Counsel – Real Estate and Land Use Group

857-930-4828
jruggieri@bdboston.com

Gavel resting on a book on a dark wooden surface

Client Alert: New Immigration Rules

The Presidential Order

On Monday night shortly after 10:00 p.m., President Trump wrote in a Twitter feed that he will sign an executive order temporarily suspending all immigration to the U.S. in light of the coronavirus pandemic. Trump’s Twitter announcement came hours after his administration extended orders for 30 days that have already closed the U.S. borders to nonessential travel. The president did not offer any further details on the upcoming executive order, including what categories of immigration would be affected and what the order might mean for foreign persons legally in the United States.

Update on Customs and Border Patrol

Yesterday, US Customs and Border Patrol (US CBP) issued a nation-wide policy to grant the status of “satisfactory departure” to those persons who could not safely depart the USA for their homes at the end of their visas because of the COVID-19 pandemic.

Prior Governmental Action in Response to COVID-19

Over the past ninety days, US consulates around the world have suspended routine services due to the coronavirus pandemic.  President Trump also halted travel from China in late January and later from Europe where the pandemic had taken hold. US citizens and the parents and/or spouses of US citizens may return to the United States despite this travel ban (if they can find international travel arrangements). Other persons who have a compelling humanitarian reason to travel to the USA may be permitted to travel, too.

Essential Workers and Others

During this same  time, the federal government has sought to ease the visa process for foreign agricultural workers and foreign doctors to assist the U.S. during the pandemic. The US Citizenship & Immigration Service (USCIS) continues to accept and process visa petitions and requests to extend or to change US visa status for employers, families, and foreign persons legally in the USA. There has been a recognizable increase in employment-based “green cards” granted without personal interviews in the past two weeks.


Margaret Holland Sparages concentrates her legal practice in Immigration Law and procedure, specifically including securing employment visas and green cards on behalf of individuals and employers.   If you have questions as to your visa status or ability to extend status, or travel internationally, Margaret is available for a “virtual” meeting, or call.  Margaret can be reached at: mhsparages@bdboston.com, or (857) 930-4065.

Addressing COVID-19

Brooks & DeRensis, P.C., by this notice, wants to inform our clients, colleagues and service providers that we will continue to provide fluid and uninterrupted services to our clients, and continue to maintain the normal past professional relationships with colleagues and service providers during the time period covered by the coronavirus outbreak.

BD is aware of states of emergency having been declared in New Hampshire and Massachusetts (source states for our client base).

Our office hours will remain unchanged and we are open while we accommodate our clients’ needs by video conferencing or any other type of engagement that the client desires. Your legal matters remain our priority.

All attorneys and administrative staff are well-versed in remote work techniques and we will continue to provide work product seamlessly.

While it is self-evident, BD wants to urge everyone to take adequate precautions to keep themselves and their families safe and in good health during this unusual set of circumstances.

Please never hesitate to contact us at any time regarding any matter of importance. You are our most important asset and we cherish our relationship with you.

Thank you very much.

Brooks & DeRensis, P.C.