Brian is a partner in the firm’s Public and Municipal Law Group and Real Estate and Environmental Law Group. Practicing as a local government and land use permitting attorney for almost 20 years, Brian is a trusted, pragmatic problem-solver in town halls and city halls throughout Massachusetts.
In his municipal practice, Brian counsels towns, cities, and districts in all areas of municipal law, including general governance, home rule, town meeting procedure, zoning, real estate, elections, finance, community preservation, procurement, and public construction. Brian advises local officials on compliance with the Open Meeting Law, Public Records Law, and Conflict of Interest Law, and has extensive experience drafting town meeting warrants, bylaws, ordinances, and special legislation.
As local permitting counsel, Brian regularly appears before municipal boards on behalf of applicants seeking special permits, variances, licenses, zoning amendments, and other local approvals for large projects and challenging sites.
Education
- Boston College Law School JD
- State University of New York at Geneseo BS, cum laude
Bar Admissions
- Massachusetts
Affiliations
- Worcester County Bar Association, Government Relations Committee, Municipal Law Section
- Massachusetts Municipal Lawyers Association
- Milford Area Chamber of Commerce (former board member)
- Milford Zoning Board of Appeals (former member)
Articles & Speaking Engagements
- “Mass Appeals Court: Attorney-Client Privilege Applies to Town Emails, Despite Open Meeting Law Violation,” Mirick Client Alert, April 11, 2025
- “Remote Public Meetings Extended Through June 2027,” Mirick Client Alert, March 31, 2025
- “SJC Upholds MBTA Communities Act Mandating Multifamily Zoning, Mirick O’Connell Client Alert”, January 8, 2025
- “New Permit Extension Act Adds Two Years to Most State and Local Land Use Permits,” Mirick O’Connell Client Alert, December 10, 2024
- “Affordable Homes Act Expands Housing Options,” Mirick O’Connell Client Alert, August 16, 2024
- “Supreme Court Decision Addresses When Government Officials May Block Social Media Users,” Mirick O’Connell Client Alert, March 19, 2024
- Quoted in “Council gets a look at the Armory at French Hill project,” Community Advocate, September 4, 2023
- Quoted in “Historic Elm Street Hogg House one step closer to becoming lodging house for WPI students,” Worcester Telegram & Gazette, August 10, 2023
- “SJC Finds Public Meeting Comment Restrictions Unconstitutional,” Mirick O’Connell Client Alert, March 10, 2023
- Quoted in “Home field advantage: Local attorneys smooth the path for developers,” Worcester Business Journal, January 23, 2023
- “AG Issues Guidance on Gun Licensing Following Supreme Court Decision,” Mirick O’Connell Client Alert, July 18, 2022
- “Local Government During COVID-19,” On Air with Mirick O’Connell legal podcast (April 10, 2020)
- “Building the Boroughs: A Year in Review,” Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog, January 31, 2020
- “Table of Experts: The Business of Cannabis,” Boston Business Journal (October 11, 2019) (panelist)
- “Short-Term Rental Law Takes Effect July 1st,” Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog, January 18, 2019
- Provides Town Counsel services to twelve Massachusetts communities and provides special counsel and land use counsel services to several towns, cities, and districts.
- Served as Town Counsel at over 100 town meeting sessions.
- Represents applicants on large projects and complicated sites in Marlborough, Worcester, and communities throughout Massachusetts.
- Represented a national developer on land use permits for a 276-unit mixed residential/commercial building on a redevelopment site with rail trail access and affordable units.
- Represented a regional developer to create an overlay zoning district and obtain land use permits for a 950-unit high-end apartment community with 50% open space, nature trails, and affordable units.
- Represented a regional developer to obtain an overlay zoning amendment and land use permits for a large hospitality, entertainment, and retail center.
- Represented a hospital to obtain land use permits for a state-of-the-art women’s imaging center.
- Represented a large cannabis operator to secure a special permit for a community’s first cannabis retail store.
Remote Public Meetings Extended Through June 2027
March 31, 2025 | Articles
First Circuit Affirms School’s Policy of Respecting Students’ Gender Identity in Challenge from Parents
February 25, 2025 | Articles
SJC Upholds MBTA Communities Act MBTA Communities Act Mandating Multifamily Zoning
January 8, 2025 | Articles
Affordable Homes Act Expands Housing Options
August 16, 2024 | Articles
U.S. Department of Education Releases Final Rule Under Title IX
April 23, 2024 | Articles
Supreme Court Decision Addresses When Government Officials May Block Social Media Users
March 19, 2024 | Articles
Brian Falk Quoted in Community Advocate, Council Gets a Look at the Armory at French Hill Project
September 4, 2023 | In The News
Remote Public Meetings Authorized Through April of 2022; New Law Extends Additional COVID-19 Emergency Rules
June 18, 2021 | Articles
Municipal Permitting Timelines Resume on December 1
November 20, 2020 | Articles
Local Government During COVID-19
April 11, 2020 | Podcasts
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