Brian Winner

Brian Winner, a partner in the Firm, has represented both public and private clients in the field of municipal law for over 15 years. In addition to serving as Town Counsel and representing municipal clients in all facets of municipal and general civil law, Mr. Winner has a broad range of experience throughout Massachusetts specializing in land use and environmental planning, permitting, and litigation. He has represented clients in a broad range of cases, including land use, tort, contract, licensing, permitting, and environmental law, before all levels of the Massachusetts trial courts and administrative agencies. Attorney Winner also specializes in representing the firm’s municipal clients in enforcement and compliance matters such as general and zoning bylaw compliance, subdivision compliance, wetlands compliance and nuisance and/or abandoned properties and structures.

Mr. Winner has represented a wide array of local officials, boards, commissions, councils, and committees as well as Mayors, Building, Police, Fire, and Health officials, Harbormasters, Councils, Boards of Selectmen, Planning Boards, Zoning Boards, Boards of Health, Historic Commissions, and Conservation Commissions. He has represented both his private and public clients before all levels of the Courts, before numerous state agencies including the Department of Environmental Protection, Division of Administrative Law Appeals, Building Code Board of Appeals, Board of Electricians Appeals, Elevator Appeals Board, Appellate Tax Board, Firearms Review Board, and Department of Public Safety, as well as in negotiations and partnerships by and between municipalities, districts and State agencies. He also counsels both private and public clients as to navigating implementing, applying, complying with and/or enforcing the various charters, ordinances, bylaws, policies, codes and regulations they oversee or that govern their endeavors.

Public Service: 

Mr. Winner served as member of his community’s Conservation Commission and he currently serves as a member of the Massachusetts Bar Association’s Public Law Council. He is also an active member of the Massachusetts Municipal Association, Massachusetts Municipal Lawyers Association and the Massachusetts Association of Conservation Commissions.

Mr. Winner has also conducted seminars and workshops on various land use, governmental and administrative law topics at various municipal and community events, for the Citizen Planner Training Collaborative and for the Graduate School of Architecture at Northeastern University.

Education: 

Mr. Winner is a graduate of the University of New Hampshire and the Boston University School of Law where he was awarded the Deans Award for Academic Excellence in Municipal Law.

Representative matters: 

• DaRosa v. Mattapoisett Zoning Board of Appeals  Successfully defended the Zoning Board of Appeals and the Building Commissioner’s denial of permission to construct a substantial pier from the plaintiffs’ undeveloped property, across abutting coastal land, and then nearly 300 feet into Mattapoisett harbor.
• Chiuchiollo v. Hopedale Zoning Board Appeals  Successfully defended Zoning Board before the Appeals Court in overturning a Superior Court decision in favor of a developer’s claim that an alleged unlawful condition of a prior unappealed decision was unenforceable as to project or entitled developer to modification in subsequent application seeking relief from prior decision.