Gareth I. Orsmond

Director 

gorsmond@rackemann.com

vCard

Tel: 617-951-1117

- Business- Insurance- Real Estate- Affordable Housing and Community Development- Finance, Restructure and Workout Group

 

Education

Bar and Court Admissions

• Commonwealth of Massachusetts
• U.S. District Court, District of Massachusetts

Practice Focus

Mr. Orsmond focuses on land use, environmental, and complex insurance matters in transactional, permitting, and litigation work.  His clients include families and individuals, non-profit corporations, Fortune 500 companies, closely-held companies, schools and universities, municipalities, insurance regulators, and liquidating trusts.  Mr. Orsmond works closely with his clients to devise and implement strategies for achieving their goals.  His work includes advising institutional clients on proper regulatory and governance practices, negotiating complex agreements, drafting legislation and regulations, obtaining permits, pursuing and defending administrative appeals, advising permit-granting authorities, leading due diligence efforts, negotiating and closing sophisticated real estate deals, defending against zoning enforcement actions, and representing clients in litigation.

Notable Experience

Mr. Orsmond’s experience includes:

• Representing families in two separate matters in successfully resolving claims against municipalities for contamination of their residences.
• Serving as special counsel to the Town of Westwood with respect to a 135-acre mixed-use, transit-oriented development.
• Serving as general counsel for the Martha’s Vineyard Commission and Cape Cod Commission.
• Negotiating the amendment of pre-existing land use restrictions on behalf of a regional YMCA to permit summer programs, including a “Share the Harvest” program  that grows crops for food banks.
• Handling various land use and contractual matters for the Mashpee Wampanoag Tribe.
• Obtaining comprehensive permits for affordable housing projects ranging from 8 to 200 units.
• Negotiating a seven-figure settlement agreement for environmental and property damage claims on behalf of the injured business.
• Successfully defending a manufacturer against a zoning enforcement action.
• Serving on the team of examiners in a multi-state examination of insurance practices by one of the largest insurance companies.

Background

Mr. Orsmond joined the firm in 1998.   Before then, he earned an M.M. in Jazz Performance and performed in various local venues, including performances at the Acton Jazz Café and on WGBH’s Eric in the Evening, while working for the Executive Office of Environmental Affairs and as a manager with the Handel & Haydn Society.

Professional Activities

• Urban Land Institute
• Board of Directors, Clerk, Westwood Land Trust, 2003-2006; pro bono work (present)
  

Publications

Commentary, Massachusetts DEP Reporter (Landlaw, Inc., 2003 to present)

Contributing author, “Enforcement of Zoning Requirements,” The Massachusetts Zoning Manual (MCLE 2002, 2007, 2010)

Contributing author, The Massachusetts Ocean Management Plan: Applying the Lessons of Land Use to the Development and Use of the Ocean’s Resources (ABA 2010)

Guest lecturer, Boston University Metropolitan College of City Planning and Urban Affairs, Met UA 503 Housing & Community Development (2010)

Guest lecturer, Commercial Real Estate Basics: Zoning, Subdivision and Environmental Site Assessments (MCLE 2006 to present)

Contributing author and lecturer, Solving Waterfront Property Disputes (MCLE 2008, 2011) (contributing author and lecturer)

Author, “Eligible Person and Downgradient Property Liability Exemptions of the Brownfields Bill,” Section Review (MBA 2000)

Reported Appellate Decisions

Alliance to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Board, 457 Mass. 663 (2010)

Arno v. Commonwealth, 457 Mass. 434 (2010)

Zoning Bd. of Appeals of Canton v. Housing Appeals Committee, 76 Mass. App. Ct. 467 (2010)

Zoning Bd. of Appeals of Canton v. Housing Appeals Committee, 451 Mass. 158 (2008)

Zuckerman v. Town of  Hadley, 442 Mass. 511 (2004) (amicus for Real Estate Bar Association)

Teaching

Adjunct Professor, New England School of Law

Recognitions

Super Lawyers Rising Star, 2005-2008, 2010