Practice Areas: Land Use
Barbara Huggins Carboni has a practice focused on land use regulation, including zoning, subdivision control, wetlands protection, and the comprehensive permit law. Prior to joining KP Law, she and her partner Jonathan D. Witten, practicing as Huggins and Witten, LLC, served as Town Counsel and Special Town Counsel for numerous municipalities. Ms. Huggins Carboni earned a masters degree in planning from the Tufts Department of Urban and Environmental Policy and Planning, where she wrote her thesis on Chapter 40R and Chapter 40B. Previously, she served as Law Clerk to the Hon. Mark V. Green, then-Associate Justice of the Massachusetts Land Court; as Law Clerk to Hon. Joseph A. Trainor and Janice M. Berry, Associate Justices of the Massachusetts Appeals Court; and as Editor of Landplanner Magazine and the Land Court Reporter, Department of Environmental Protection Reporter, and MCAD Reporter.
- Collings Foundation v. Zoning Board of Appeals of the Town of Stow, et al., Land Court, 15 MISC 000369 DRR and 15 MISC 000370 (Long, J. and Rubin, J.). As Stow Town Counsel, representing the Zoning Board of Appeals in ongoing cases involving issues of claimed vested rights and Dover Amendment protection for airfield on property located in residential and recreation/conservation zoning districts.
- Collings Foundation Inc. v. Planning Board of Appeals of the Town of Stow, et al., Land Court,15 MISC 000374 (Long, J.). As Stow Town Counsel, counseled the Planning Board through the public hearing process on an application, claiming Dover Amendment protection, for construction and operation of museum on property located in residential and recreation/conservation zoning districts. Represented the Planning Board and Selectmen in negotiations that led to a Settlement Agreement allowing for construction and operation of the museum subject to conditions, and a dismissal of the appeal.
- Douglas White, Superintendent of Schools of the Sippican School and Old Rochester School District v. Supervisor of Records, Plymouth Superior Court 1783CV00912 (August 7, 2018) (Squires-Lee, J.)
As Marion Town Counsel, represented School Superintendent in appeal from a decision of the Supervisor of Records, Public Records Division of the office of the Secretary of the Commonwealth, ordering the Superintendent to disclose, pursuant to the Public Records Law, records providing the name of an anonymous donor to the School District.
- 120 Front Street, LLC v. Marion Zoning Board of Appeals, Land Court, 18 MISC 000191 (Vhay, J.). In bench trial, successfully defended Board’s decision finding that subject property had lost its status as protected nonconforming two-family use through nonuse.
- Douglas White, Superintendent of Schools of the Sippican School and Old Rochester School District v. Supervisor of Records, Plymouth Superior Court 1783CV00912 (August 7, 2018) (Squires-Lee, J.). As Marion Town Counsel, represented School Superintendent in appeal from a decision of the Supervisor of Records, Public Records Division of the Office of the Secretary of the Commonwealth, ordering the Superintendent to disclose, pursuant to the Public Records Law, records providing the name of an anonymous donor to the School District.
- First Congregational Church of Harwich v. Eldredge, et al., 2017 WL 3581629 (Land Court, August 18, 2017) (Foster, J.). Represented plaintiff in case involving statutory and regulatory issues with respect to burial of cremated remains, including with respect to ancient graves, in cemetery subject to title dispute between Church and Town, entailing claims to quiet title; of adverse possession; for declaratory judgment; and equitable relief.
- Zoning Board of Appeals of Hanover v. Housing Appeals Committee, 90 Mass.App,Ct. 111 (2017). Represented Board of Appeals in appeal involving Board’s assertion of “safe harbor” in G.L. c.40B proceedings. Obtained reversal of Housing Appeals Committee decision on grounds that agency’s interpretation of DHCD regulation was arbitrary, and finding that Board was entitled to consider developer’s application with benefit of safe harbor.
Huggins and Witten, LLC (and predecessor firm, Daley and Witten, LLC)
Provided full range of legal services to municipalities as Town Counsel and Special Counsel, and as counsel to private clients in land use cases. (2003-2019)
Massachusetts Appeals Court
Law Clerk to Hon. Joseph A. Trainor and Hon. Janice M. Berry. (2001-2003)
Landlaw Legal Publishing
Editor-in-Chief, Landplanner Magazine; Editor, Department of Environmental Protection Reporter, Land Court Reporter, and MCAD Reporter. (1999-2000)
Land Court Department, Trial Court of Massachusetts
Law Clerk to Hon. Mark V. Green. (1997-1999)
National Trust for Historic Preservation, Northeast Regional Office, Boston. (1996-1997)
Mississippi Supreme Court
Senior Staff Attorney; Law Clerk to Hon. James L. Roberts. (1992-1996)
- Newton Zoning Board of Appeals
- Board of Trustees, Friends of the Blue Hills
- Board of Trustees, Newton Cemetery Corporation
- Advisory Council, Neponset River Watershed Association
- Massachusetts Bar
- U.S. District Court (Mass.)
- Mississippi Bar
Tufts University, Department of Urban and Environmental Policy and Planning,
Masters in Urban and Environmental Policy and Planning, 2005
Boston University School of Law
Juris Doctor, 1992
University of Pennsylvania,
Bachelor of Arts, 1986
- “Massachusetts Towns Tilt at Windmills,”Landplanner Magazine, Volume 9, Summer 2000, Issue 2.
- “Mansionization II: Planning Tools Arrayed to Combat Impact of Supersized Houses”, Landplanner Magazine, Volume 9, Issue 1, Spring 2000.
- “Courthouse Pit Stop: Convenience Stores Kwik to Appeal Zoning Board Denials” Landplanner Magazine, Volume 9, Spring 2000.