Gareth I. Orsmond

Director 

gorsmond@rackemann.com


Tel: 617-951-1117

 

Education

Northwestern School of Law of Lewis & Clark College

  • J.D., 1994
  • Certificate of Achievement in Environmental and Natural Resource Law
  • Recipient, Public Interest Law Fellowship

Yale University

  • B.A., with Distinction, 1992
  • Recipient, Saybrook Master’s Prize

New England Conservatory of Music

  • M.M., with Honors, 1997
  • Jazz Performance

Bar and Court Admissions

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

Practice Focus

Gareth has focused his legal practice on land use, zoning, and environmental matters since graduating from one of the top law school programs in these fields.  Gareth advises property owners of their rights, obligations, and opportunities under federal, state and municipal laws.  He works closely with his clients to devise and implement strategies for achieving the best use of their property based on their needs and goals, including both development-oriented and conservation-oriented efforts.  He has a broad base of experience representing clients in meetings and hearings before federal, state and municipal boards, agencies, and officials; negotiating and drafting contracts, easements, settlement agreements, and other documents that require problem-solving through contingency arrangements, environmental oversight obligations, and other special efforts; working closely with seasoned litigators to best represent clients in environmental and land use matters brought in state and federal court; and overseeing work performed by engineers, architects, surveyors, scientists and other technical consultants.  From 2005 to 2007, Gareth was recognized as a Super Lawyer Rising Star by Boston Magazine and Law & Politics Magazine. Gareth also serves as the firm's Executive  Green Officer.

Notable Experience

Gareth represents a diverse array of clients, including individuals, corporations, municipalities, and nonprofit educational, religious, and conservation organizations.  His specific experience includes the following.

  • Aiding a realty trust in addressing property contamination, and ultimately turning its property into a residential development.
  • Acting as special counsel to the Town of Westwood with respect to the Westwood Station project, a mixed-use development project proposed for 135 acres around the Route 128 train station. 
  • Obtaining comprehensive permits for several affordable housing developments, small and large. 
  • Negotiating an agreement that included a seven-figure settlement sum as compensation for property damage and environmental claims.
  • Successfully defending a manufacturing business against allegations of zoning infractions.
  • Persuading courts to vacate the disapproval of work for a residential subdivision under a local wetlands protection ordinance, declare invalid a moratorium on piers, and nullify the disapproval of proposed work under the Scenic Roads Act.
  • Advising the owners of a large estate on how to improve their property in a manner that avoids the likelihood of lengthy and costly litigation yet achieves their primary goals.
  • Providing guidance and oversight for companies with respect to affordable housing issues under the federal low-income tax credit program.
  • Representing a water district in safeguarding its public water supply system from impacts due to large scale development.
  • Representing national non-profit organization in developing programs subject to land use controls.

Gareth has been extensively involved in over 100 municipal, administrative, and judicial proceedings.  His experience in three different disciplines—transactional work, permitting, and litigation—helps him recognize and advise clients of problems early on in a planning or permitting process where those problems may ultimately impede a plan or project by resulting in litigation. 

Background

Gareth joined the firm in 1998.

After graduating from law school, Gareth earned an M.M. in Jazz Performance and performed in various local venues while working for the Executive Office of Environmental Affairs and as a manager with the Handel & Haydn Society.

Professional Activities

  • Urban Land Institute
  • American Bar Association, Natural Resources, Energy & Environmental Law Section, Public Law Section
  • Boston Bar Association, Environmental Law Section
  • Massachusetts Bar Association, Property Section
  • Board of Directors, Clerk, Westwood Land Trust, 2003-2006

Publications

Author, Quarterly Commentary, Massachusetts DEP Reporter (Landlaw,Inc., 2003 through present)

Author, “Enforcement of Zoning Requirements,” The Massachusetts Zoning Manual (MCLE 2002, 2006, 2007)

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

Lecturer, Commercial Real Estate Basics: Zoning, Subdivision and Environmental Site Assessments (MCLE)

Reported Decisions

(Allen Homestead Development, LLC v. Town of Sturbridge Conservation Commission,) 20 Mass. L.Rptr. 564 (2006).

Crane v. Town of Tisbury, 14 LCR 250 (2006)

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