Loading
Case Study - New Seabury Properties 
Located in Mashpee, Massachusetts, and spanning more than 1,100 acres along Nantucket Sound, New Seabury is Cape Cod's premier residential resort community. New Seabury was originally permitted in 1964 as the first "Cluster Zoning" development in the Northeast - designating certain areas for development while preserving other contiguous land for open space. In 1998, Icahn Enterprises LP acquired New Seabury's resort amenities and remaining development rights.Brennan, Dain, Le Ray, Wiest, Torpy & Garner, P.C. serves as New Seabury's real estate development, permitting, transactional and land use litigation counsel. Since 2006 we have assisted New Seabury in bringing to market and conveying more than $83 million in residential property.
Our attorneys began representing New Seabury in 2001 - shepherding a comprehensive development plan through Massachusetts Environmental Policy Act ("MEPA") review and representing Icahn Enterprises LP's subsidiary, New Seabury Properties LLC, in litigation with the Cape Cod Commission over development rights for the property, which helped pave the way for our client to develop 450 new homes and recreational facilities throughout the resort.
New Seabury's expanse, coastal geography and long development history present unique opportunities and challenges. In additional, title to all New Seabury property is registered in Land Court - meaning all transactional and development matters are subject to review and approval by the Massachusetts Land Court's engineering department, title examiner, and/or judges.
Our work on behalf of New Seabury illustrates both our philosophy in representing clients and the broad scope of our capabilities. Grounded in a comprehensive understanding of our client's objectives and the project details, we have successfully represented New Seabury Properties in dozens of matters including:
- Local Planning Board Approvals
- Zoning Special Permit Extension
- MEPA Review
- Wetlands Protection Act and Chapter 91 Approvals
- Neighborhood and Condominium Formation
- State and Federal Environmental Compliance
- Land Use Litigation
- Residential Conveyancing
- Land Court "Registered Land" Title Matters