Experience

Attorney Judith Cutler is a former town planner and specializes in real estate, land use and development law. She advises municipal clients concerning municipal authority, obligations, liabilities and procedures relative to public and private ways, wetlands protection, licensing, zoning, comprehensive permits, subdivision control, disposition and control of public land. Attorney Cutler also drafts by-laws and regulations and represents municipal clients in administrative proceedings and in the trial and appellate courts.

Additionally, Attorney Cutler provides training to boards of appeal and planning boards in the boards’ respective statutory authorities and procedural requirements under Chapters 40A, 40B, 40R, and 43D.

Representative Matters

• Assisted the Town of Weston in creating and drafting a new zoning by-law and regulations for an Active Adult Residential Development.
• Assisted the Town of Groton in creating and drafting a by-law for a Town Center Overlay District.
• Assisted the Town of Uxbridge in creating and drafting new by-laws for senior housing development and townhouse development.

Reported Appellate Decisions

Town of Uxbridge v. Griff, 68 Mass. App. Ct. 174 (2007)
Moncy v. Planning Board of Scituate, 50 Mass. App. Ct. 715 (2001)
Massachusetts Broken Stone Co. v. Town of Weston, 430 Mass. 637 (2000)
Bonfatti v. Zoning Board of Appeals of Holliston, 48 Mass. App. Ct. 46 (1999)
Massachusetts Broken Stone Co. v. Town of Weston, 45 Mass. App. Ct. 748 (1998)
Massachusetts Broken Stone Co. v. Planning Board of Weston, 45 Mass. App. Ct. 738 (1998)
Bisson v. Planning Board of Dover, 43 Mass. App. Ct. 504 (1997)
Leominster Materials Corp. v. Board of Appeals of Leominster, 42 Mass. App. Ct. 458 (1997)
Town of Northborough v. Collins, 38 Mass. App. Ct. 978 (1995)
DiStefano v. Town of Stoughton, 36 Mass. App. Ct. 642 (1994)

Prior Experience

Town of Concord, MA
Town Planner (1978-1990)
As head of Planning Department, coordinated review of all applications pending before the Planning Board; advised the Planning Board and Zoning Board of Appeals concerning pertinent state law, local by-laws and regulations, and planning policy; drafted by-laws and regulations; prepared grant applications and requests for consultant services; administered grants and consultant contracts; prepared department budget and assisted in preparation of capital budget; provided technical planning assistance to numerous Town boards and ad hoc committees; reviewed easements, deeds, covenants, declarations of trusts, and home owner association documents submitted to Planning Board in connection with the proposed developments; responsible for preparation of long and short range plans; developed and administered Town’s Fair Housing and Affordable Housing programs.

Memberships & Affiliations

• Massachusetts Bar Association
• Steering Committee Member, Municipal Coalition for Affordable Housing (MCAH)

Bar & Court Admissions

• Massachusetts Bar
• U.S. District Court (Mass.)

Education

Suffolk University Law School
Juris Doctor, 1989
First Place, Justice Thomas Clark Moot Court Competition (1988)
Best Oral Advocate, Northeast Regional Competition (1989)
Finalist, McLaughlin Oral Advocacy Competition (1986)
Member, National Moot Court Team (1988-1989)

University of Rhode Island
Master of Community Planning, 1977

University of New York at Stony Brook
Bachelor of Arts, 1974

Speaking Engagements

• “Developing Housing Under Chapter 40B,” Massachusetts Continuing Legal Education (MCLE)
• "Expedited Permitting," A Discussion on Recent Legislative Changes in Permitting Regulations, Sponsored by the BSCES Land Development Group
• “Permits by Design,” Massachusetts Bar Association 2005 Annual Conference
• “Zoning Tear Downs,” REBA 2005 Annual Meeting Seminar
• “Zoning and Subdivision Issues 2000, An Update,” Massachusetts Bar Association
• “Massachusetts Broken Stone – Zoning Freeze Issues,” Boston Bar Association
• “Municipal Liability for Public Way Defects,” Massachusetts Highway Association
• “Subdivision Performance Bonds,” Massachusetts Treasurers and Collectors Association
• “Comprehensive Permits – Municipal Response,” Bristol County Selectmen’s Association
• “Differing Municipal Responsibilities for Maintenance and Repair of Public and Private Ways,” Plymouth County Highway Association

Citizen Planners Training Collaborative:

• “Defensible Decision Making”
• “Subdivision Control”
• “Introduction to Zoning, Roles and Responsibilities of Land Use Boards”
• “Nonconforming Uses and Structures”

Lorman Education Seminars:

• “Advanced Zoning and Land Use Law in Massachusetts”
• “Zoning, Subdivision and Land Development Law in Massachusetts”

Publications

“Groundwater Protection on a Local Level: Integrating the Fragments of Regulation,” Journal of the New England Water Works Association, Vol. 96, No. 4, December 1982

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