Attorneys
Jesse D. Schomer
My legal practice focuses on Massachusetts real estate development, land use, and zoning/permitting. I primarily represent developers, entrepreneurs, and landowners in the context of residential and commercial land use permitting, development, and construction.
My primary specialization is the permitting and development of affordable housing under Chapter 40B, Mass. General Laws. In this field, I am one of a handful of go-to attorneys with the specialized knowledge, experience, and knowhow to guide a Chapter 40B development from concept to shovels in the ground, with a recent development portfolio of approved projects throughout Eastern Massachusetts and Greater Boston. I previously worked under my mentor, Theodore C. Regnante, Esq. – the unofficial Dean of Chapter 40B.
In addition, I also work in the following areas:
• Zoning/permitting under MGL Ch. 40A and the Boston Zoning Code
• Subdivision Control Law and Approval-Not-Required (ANR) permitting
• Site Plan Review/MBTA Communities permitting
• Environmental permitting (wetlands protection, public waterways, septic/sewer, etc.)
• Real estate/land use rights (title, easements, adverse possession, etc.)
• Registered Land matters, S-Cases, & land de-registration
• Municipal licensing
• Private client services: conveyancing, land use agreements, corporate structuring, condominium matters, development team formation, etc.
In addition to my permitting practice, I am an experienced real estate litigator specializing in zoning/ permitting appeals, land use and title disputes, adverse possession, historical rights of way, and registered land matters.
I am a commentator for Landlaw’s Massachusetts Housing Appeals Committee Reporter (MHACR), Co-Chair of the Affordable Housing Section of the Real Estate Bar Association for Massachusetts (REBA), and Special Town Counsel to the Town of Saugus, MA.
Publications and Presentations
- Daniel P. Dain & Jesse D. Schomer, “Affordable Homes Act Brings Big Changes to 40A”, REBA News (August 13, 2024)
- Real Estate Bar Association: “The Affordable Homes Act: A Housing Emporium” (May 13, 2024)
- Landlaw’s Massachusetts Housing Appeals Committee Reporter (MHACR): Developer-Side Commentary, May 2024
- Real Estate Bar Association: “Abutter Appeals & New Housing Production: Time for a New Approach?” (February 16, 2024)
- Real Estate Bar Association: “Housing Policy at a Crossroads: A Discussion with EOHLC Secretary Edward Augustus” (January 10, 2024)
- Landlaw’s Massachusetts Housing Appeals Committee Reporter (MHACR): Developer-Side Commentary, May 2023
- Real Estate Bar Association: “The Massachusetts Comprehensive Permit Law: Hot Topics, Recent Developments, Where We Are, and Where We May Be Heading” (June 15, 2022)
- Landlaw’s Massachusetts Housing Appeals Committee Reporter (MHACR): Developer-Side Commentary, May 2022
Representative Experience or Recent Representative Matters
- Obtained project final approval for a 230-unit Ch. 40B LIP development (“Friendly 40B”) in Acton, including approval of project changes and negotiation of an amended municipal memorandum of agreement (MOA)
- Obtained approval for a 760-unit Ch. 40B transit-oriented development in Melrose
- Obtained approval for an 86-unit Ch. 40B adaptive reuse rental development in Milton and negotiated the settlement and dismissal of an abutter appeal and related environmental lawsuit
- Obtained approval for a 116-unit Ch. 40B rental development in Milton and secured the dismissal of an abutter appeal of same
- Obtained approval for a 40-unit Ch. 40B rental development in Melrose
- Obtained approval for a 12-unit Ch. 40B rental development in Belmont
- Obtained approval for a 10-unit Ch. 40R condominium development in Reading after successfully negotiating an agreed-upon permit after a prior project denial
- Obtained approval for a 30-unit mixed-use development in Reading
- Obtained ZBA and Conservation Commission approval for a 44-unit Ch. 40B Low Income Tax Credit (LIHTC) rental development in Topsfield
- Obtained ZBA and Conservation Commission approval for a 36-unit Ch. 40B rental development in Wakefield
- Obtained approval for a 20-unit Ch. 40B rental development in Milton
- Obtained ZBA and Conservation Commission approval for a 16-unit Ch. 40B rental development in Milton
- Obtained approval for a 173-unit Ch. 40B rental development in Wakefield
- Obtained approval for an 86-unit mixed rental/ownership Ch. 40B development in Reading
- Obtained approval for building, site, and signage upgrades for a Danvers automotive dealership
- Successfully mediated the denial of a 54-unit Chapter 40B development in Peabody
- Obtained residential subdivision approvals in Lynnfield, Melrose, Gloucester and Wakefield
- Obtained approval of variances and site plan approval to develop various site amenities/upgrades for a biomedical campus in Danvers
- Obtained approval of variances authorizing site upgrades to a nonconforming gas station and repair shop in a residential district in Cambridge
- Obtained judgment overturning the denial by the local ZBA of a special permit to develop a 23-unit apartment development in Lynnfield
- Obtained judgment dismissing an abutter’s appeal of Chapter 40B development in Reading
- Obtained judgment awarding title by adverse possession to a derelict fee in South Boston and adjudging a Colonial-era road to be abandoned/defunct
- Obtained judgment that the constructive endorsement of an ANR plan required adding the applicable access way to the Town of Georgetown’s Official Town Map
- Successfully defended at MassDEP’s Office of Appeals and Dispute Resolution (OADR) the issuance of an Order of Conditions for a pier in Nahant
Professional Activities and Honors
- Co-Chair of the Affordable Housing Section of the Real Estate Bar Association for Massachusetts
(REBA) - Boston Bar Association (BBA)
- Massachusetts Municipal Lawyers Association (MMLA)
- Citizens’ Housing and Planning Association (CHAPA)
- Commentator for Landlaw’s Massachusetts Housing Appeals Committee Reporter (MHACR)
Bar & Court Admissions
I am admitted to practice in Massachusetts, New York, and New Jersey, and before all federal courts in these jurisdictions.
Education
JD: University of Notre Dame
MPhil: The Graduate Center, City University of New York
BA: Hendrix College