Jensen Baird Gardner and Henry
Jensen Baird Gardner and Henry
Jensen Baird Gardner and Henry

Land Use and Permitting

Jensen Baird Gardner & Henry has long been a leader in land use and permitting projects throughout the State of Maine. The firm's land use and permitting team is comprised of real estate and municipal attorneys who have worked harmoniously with developers, municipal staff, and consultants to efficiently and successfully navigate state and local laws, ordinances, and regulations. We understand that the ultimate goal is to build a project within a budget and on schedule.

The firm has successfully permitted mixed-use developments, shopping centers, office buildings, condominium projects, residential subdivisions, and other types of real estate development. To facilitate the creation of a project, our attorneys work with all stakeholders, including developers, consultants, abutters, and municipal staff. We are able to leverage our experience, knowledge, and strong relationships with decision-makers on both the development and municipal side of the equation to achieve results.

No project is too big or too small. The team is poised to help you with an initial zoning and permitting evaluation, assist with obtaining approvals, deal with opposition groups, or anything in between. All members of the team have significant experience dealing with planning boards, zoning boards, selectboards, city and town councils, state agencies, and other regulatory bodies. We also have extensive experience handling appeals at the Superior Court and Supreme Judicial Court, as well as challenges to rezonings.

Whether you have a difficult question about your local zoning ordinance or the State's Site Location of Development Act, need an approval to expand a non-conforming structure, require a zoning change, including a contract or conditional rezoning, or seek a strategy for moving forward with a contested commercial development, we have the team to help you get it done.

REPRESENTATIVE MATTERS

The attorneys in the Land Use and Permitting Group have worked on numerous real estate development projects throughout the State, including those listed below. This list is not comprehensive, but is intended to illustrate sample projects worked on by members of our team.

Hospitality and Retail Development Projects

Represented the Cliff House in York, Maine in state and local permitting and zoning for the expansion and complete remodel of the resort to include 226 hotel rooms, a 240 seat restaurant, a 450 seat conference and banquet facility, and spa.

Represented owner/operator in acquisition and upgrading of middle-aged hotel property near Maine Mall in South Portland, Maine, including permitting for creation of new out-parcels and development of excess land areas for restaurant and retail buildings, and development of a second hotel on the property.  Representation also included title and work on financings and re-financings.

Representation for over 10 years of owner/operator in site acquisition and redevelopment of former industrial use properties in Portland, Maine for construction and financing of 190 room hotel and for construction and financing of 176 room hotel.  Development is also anticipated to include additional outparcel development for mixed-use office, retail and residential buildings in later stages.  Representation also includes title and work on construction financings and longer term financings. 

Represent developer/owner in site acquisition of retail center in Augusta, Maine and permitting with municipality, Maine DEP, US EPA/ACOE, Maine Department of Transportation and local stake-holders for 1,300,000 sq. ft. +/-regional retail and mixed-use center.  Users include "big box" retailers, in-line stores and related operations.  Project includes "TIF" Agreement, wetlands mitigation/compensation, rezoning, road discontinuance and related matters.  Representation also includes title and work on financings and re-financings.

Represented developer/owner in site acquisition and total redevelopment of grocery store/retail/restaurant retail shopping center in Westbrook, Maine.  Representation included permitting, title and construction financings and longer term financings.

Residential Subdivision, Condominium, and Retirement Communities Projects

Represented developer in acquisition and development of large residential subdivisions in Scarborough and Saco, Maine, including sales for outparcel development and creation of 100+ housing units (single family homes, condominiums and apartments).

Represented Ocean View Retirement Community in Falmouth, Maine in federal, state and local permitting and zoning for the development and expansion of a retirement community to include approximately 125 residential apartments, 140 cottage dwelling units, a 39-unit assisted living facility, a 24-unit memory care facility, an office building, a main lodge, and a 34-unit affordable senior housing project.

Represented Highlands Retirement Community in Topsham, Maine in federal, state and local permitting and zoning for the development and expansion of a retirement community including approximately 350 residential dwelling units, 150 single family cottage cooperative dwelling units, assisted living and memory care facilities, a medical office building, and a main lodge with apartments, dining and other common facilities.

Represented Highland Green in Topsham, Maine in federal, state and local permitting and zoning for the development and expansion of a residential active adult community on 635 acres including over 200 residential cooperative housing units, a golf course, community center, and nature preserve.

Represented Piper Shores in Scarborough, Maine in federal, state and local permitting and zoning for the development and subsequent expansions of a life care retirement community including 160 apartments, 40 cottages, 50 assisted living apartments, 40 skilled nursing beds, and a main lodge with common dining and other facilities.

Represent Motherhouse Associates LP and Sea Coast at Baxter Woods Associates, LLC in Portland, Maine, in local permitting for the redevelopment of the historic Motherhouse property at 605 Stevens Avenue into 88 affordable and market rate dwelling units, with over 200 additional units and other amenities proposed for a subsequent phase.

Other Projects:

Represented developers and single user/owners in various localities throughout the State in site acquisition and permitting with municipalities, Maine DEP, US EPA/ACOE, Maine Department of Transportation and local stake-holders for retail use projects.  Representation also included title and work on financings and re-financings.

-     South Portland Crossing, South Portland
-     Biddeford Crossing, Biddeford
-     Maine Mall, South Portland
-     Augusta Crossing, Augusta
-     Tyler Technologies, Yarmouth
-     Pine Tree Shopping Center, Portland
-     Riverbend Woods, Wells
-     St. Mary's Episcopal Church, Falmouth
-     Morrill's Crossing, Portland

Attorneys

» Natalie L. Burns (Department Chair)

» Charles M. Katz-Leavy (Department Chair)

» David J. Jones

» Ronald A. Epstein

» Leslie E. Lowry III

» Nicholas J. Morrill

» Mark A. Bower

» Alyssa C. Tibbetts

» J. Casey McCormack



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