Real estate development continues to be vital to northern New England’s economy. However, the process of turning plans and drawings into bricks and mortar presents multiple regulatory challenges.  Preti Flaherty’s expertise in guiding clients through project permitting and approval is unmatched.  We represent landowners, developers, municipalities, investors and other clients in the New England region on various aspects involved in making major developments a reality.  We guide clients through local, state and federal land use, permitting, conveyancing, zoning, regulatory and environmental compliance issues.

Our services include: 

• Land development and redevelopment agreements
• Development and contract zoning agreements
• Subdivision planning and site plan review
• Governmental approvals including federal, state and municipal approvals
• Variances and special use permits
• Operational licenses and signoffs
• Environmental auditing and DEP compliance and permitting
• Land Use Regulation Commission development compliance and permitting
• Timberland transactions
• Conservation easements and land conservation
• Financing
• Zoning, land use and eminent domain litigation

Representative Matters:

• We act as general counsel for Plum Creek Timber Company. Our Land Use and Real Estate teams are assisting Plum Creek on matters related to a landowner initiated concept plan that addresses the company’s long-range plan for the development and conservation of its timber holdings in the Moosehead/Jackman, Maine region. The Concept Plan covers 421,000 acres in 29 townships.  We presented the Concept Plan to the Maine Land Use Regulation Commission in April of 2006.  Approval of a plan requires a rezoning of the land area to allow for the proposed development.  The Concept Plan includes 72,000 acres of permanent conservation easements as well as the potential for over 300,000 acres of additional conservation, the development of two resorts and residential building lots.  The Plum Creek Concept Plan is unprecedented in its size and scope and has generated enormous public interest.
  
  
• Our Land Use and Permitting Group represented a developer in a combined hotel and residential condominium project. We handled the purchase and sale agreement for the acquisition of the property, as well as a conditional rezoning. We represented the client before the city planning board and city council and secured a site plan and subdivision approval. We also assisted the client with a Voluntary Response Action Plan (VRAP), protecting the client from any future environmental liability claims.
  
  
• We represented Saddleback, Inc. following its purchase in 2003 of a ski area and over 8,000 acres on Saddleback Mountain. Our Land Use and Permitting Group and Real Estate Group assisted the family owners in transforming the existing ski resort into an environmentally sensitive, affordable, family-oriented vacation area. We successfully took Saddleback’s interests before LURC and gained subdivision permits to allow additional ski trails and 54 condominium units. We continue to coordinate additional aspects of the project – creating condominiums and house lots (with appropriate architectural control covenants). We also assisted Saddleback in presenting its 10-year development plan for approval at LURC.
  
  
• We represent the developer of a residential subdivision development in the heart of Kennebunkport, Maine. The plan calls for a mix of different types of residential housing over the 87-acre parcel and is the largest residential development in the town’s history.
  
  
• We also represent the Camden Affordable Housing Organization in connection with its development of “Lupine Terrace,” a 24-unit workforce housing project in Camden, Maine. The project is Camden’s largest subdivision and will provide housing to moderate income working families in Maine’s least affordable housing market. Our Land Use and Permitting Group coordinated the subdivision permitting for Lupine Terrace and is currently representing the client in Superior Court in connection with an appeal by certain abutters.
  
  
• We successfully defended Packard Development in litigation related to the proposed “Morrill’s Crossing” development in Portland, Maine. The plan will bring a residential/retail/commercial mixed-use project, including a Shop ‘n Stop supermarket, condominiums, apartments and retail space, to a blighted parcel in the heart of the city. When Packard faced resistance by a group of neighbors challenging the contract zoning agreement that had been reached with the City, we successfully defended the agreement in Superior Court. That success kept the project on track and allowed Packard to continue with the permitting process.
  
  
• Our Land Use and Permitting Group represented New Page, the owner in the sale of its hydroelectric assets of the Rumford Falls Power Co. in Rumford, Maine, an affiliate of Brookfield, formerly known as Brascan, at a purchase price in excess of $140 million. The hydro electric facility and adjacent paper mill had been operated as an integrated operation, requiring intricate real estate structuring, including shared water rights and cross-easements. The matter also involved complex contractual arrangements for the sharing of key infrastructure components during a post-sale transition period.
  
  
• Our long-term relationship with the Maine Turnpike Authority includes involvement at all stages in the permitting and contracting for its numerous projects, which include building, bridges and highways.