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Land Use, Permitting and Development

Experience

Represented a major developer in the acquisition, disposition, permitting, and financing on multiple projects in the Greater Boston and Eastern Massachusetts areas. These projects have included:
  • Station Landing, Medford: Handled permitting and approvals for this mixed use transit-oriented project near Wellington Circle, just outside of Boston, as well as drafting significant amendments to the Medford Zoning Ordinance to allow the development. We also handled compliance with state environmental issues and completed a Metropolitan District Commission agreement for community benefits and project mitigation.
  • Market Street, Lynnfield: Handled Chapter 40R rezoning, Development Agreement with the Town of Lynnfield, mitigation agreements with the Town of Wakefield and the Massachusetts Water Resources Authority, and related approvals.
  • Other projects for this developer have included Chapter 40B residential development of Arbor Point at Woodland Station in Newton, Forge Park in Franklin, Fort Point Channel in Boston, MetroNorth Business Center in Woburn, Lake Williams Corporate Center in Marlborough, Blueview Corporate Center in Canton, Mansfield Corporate Center in Mansfield and New England Business Center in Andover.

Our successful and consistent completion of these projects demonstrates Nutter’s ability to meet our client’s needs over a long period of time.
General real estate services and permitting of numerous projects for Tufts University at its campuses in Medford/Somerville, and Boston, Massachusetts.
Represented a local redevelopment authority in connection with redevelopment of the former South Weymouth Naval Air Station, successfully handling the drafting of a revised Reuse Plan and zoning by-laws; the negotiation of a Disposition and Development Agreement with the master developer; the acquisition of roughly 550 acres of land for economic development purposes and 225 acres for recreational and open space purposes; the resolution of issues pertinent to CERCLA, M.G.L. Chapter 21E, the National Environmental Policy Act and the Massachusetts Environmental Policy Act; and the drafting and adoption of regulations necessary to implement the revised Reuse Plan and revised zoning by-laws.
Represented Regional Transit Authority in connection with the development of a parking garage serving MassDOT commuter rail station and housing development in downtown Haverhill.
After an approximately two-week trial in October 2010, a Barnstable Superior Court jury awarded damages of $4,150,000 to the plaintiff landowner in an eminent domain trial resulting from various takings at the former Sagamore Rotary. Gus Wagner, Nelson Apjohn and Robyn Maguire represented the plaintiff. According to Lawyers Weekly, that verdict was among the top ten verdicts in Massachusetts in 2010.

This case involved the Commonwealth of Massachusetts’ takings of commercial property near the former Sagamore Rotary in Bourne, Massachusetts. The takings were made in connection with construction of the Sagamore Flyover Highway. The property consisted of approximately eleven acres of commercial property, a portion of which had been used as a gas station since the 1960s. The Commonwealth took approximately 2.5 acres in fee and approximately an additional 7.5 acres of property as a five-year easement, for use as a commuter parking lot during construction.
After an approximately two-week trial in April 2011, a Barnstable Superior Court jury awarded damages of $2,100,000 to the plaintiff landowners in an eminent domain trial resulting from various takings at the former Sagamore Rotary. Gus Wagner, Nelson Apjohn and Robyn Maguire represented the plaintiffs. According to Lawyers Weekly, the verdict was among the top ten verdicts in Massachusetts in 2011.

The takings were made in October 2004 in connection with the Commonwealth’s construction of the Sagamore Flyover Highway Project. The plaintiffs’ land consisted of approximately seventeen acres just west of the former Sagamore Rotary, which had historically been used in part for residential housing. The plaintiffs presented evidence at trial that the highest and best use of the land was a residential housing development pursuant to G.L. c. 40B, along with a commercial development on the commercially-zoned eastern portion of the property. The Commonwealth contended that the highest and best use of the property was for a nine-lot residential subdivision.
Assisting Lubert-Adler and its partners in their acquisition out of bankruptcy of the Malden Mills property in Lawrence and Methuen, including all title, permitting, and environmental analyses, and subsequent multiple dispositions of real estate assets, including complex title, permitting and subdivision matters.
Represented the City of Quincy in the negotiation of a complex land disposition agreement for the proposed New Quincy Center redevelopment project. This project involves a unique financing model for public infrastructure improvements.
The acquisition, disposition, permitting, financing and leasing of multiple projects in Greater Boston and Eastern Massachusetts. These projects have included Station Landing in Medford, Chapter 40B development of Arbor Point at Woodland Station in Newton, Forge Park in Franklin, Fort Point Channel in Boston, MetroNorth Business Center in Woburn, Lake Williams Corporate Center in Marlborough, Blueview Corporate Center in Canton, Mansfield Corporate Center, New England Business Center in Andover and various other office, research and development, shopping center and assisted living projects.
Developed parking garage, commuter rail and regional bus transportation center with retail space for regional transportation agency and Fitchburg Redevelopment Authority.
Obtained state and local approvals for several projects, including a waterfront hotel, waterfront restaurants, marina redevelopment and other commercial and water-dependent uses. These activities included adjudicatory proceedings and judicial review of state permits and licenses.
Land assembly, public entity formation and development of a regional commuter rail, bus and MassDOT facility within a federal superfund site, involving brownfield redevelopment agreements with state and federal agencies.
Provided contractual, permitting and financing for Hebrew SeniorLife’s 160 acre intergenerational campus in Dedham, Massachusetts, including closing the bond issue of over $450 million.
Contractual and permitting work for the Pearson Education/Addison Wesley campus in Reading, Massachusetts, including adoption of 40R zoning and sale of the campus.
Representation of YMCA in connection with the complex, 3-party sale of a portion of 316-320 Huntington Avenue to PPC Land Ventures, Inc. and Northeastern University for a new dormitory, including complex easement agreements, conveyancing and land use permitting matters.
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