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Michael E. Scott, Nutter McClennen & Fish LLP Photo

Michael E. Scott

Chair, Real Estate Department, Executive Committee / Boston, Hyannis

Overview

Michael E. Scott chairs Nutter's Real Estate Department, is a member of the firm’s Development, Land Use and Permitting practice group, and serves on the firm’s Executive Committee. He works out of the firm’s Boston and Hyannis offices. Michael represents developers, corporate, institutional and municipal clients in all aspects of commercial development, acquisition, disposition and repositioning of assets. He has significant experience in matters involving zoning and land use, regulatory permitting and real estate development. He represents industrial, chemical and oil companies to create environmental remedial strategies for properties impacted by contaminants and help position such properties for productive reuse. Michael’s background includes extensive environmental litigation experience. He has acted as principal counsel on numerous multi-party complex cases.

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Michael has represented clients involved in mixed-use projects, retail, hotels, multifamily housing, hospitals, senior housing, and marinas. He has particular experience in economic development projects and represents buyers and sellers of contaminated properties (brownfields). He provides counsel on issues involving corporate structure, economic development and tax-incentive programs, liability avoidance and the availability of financing, grants and insurance. Michael writes and speaks frequently on real estate development issues.

His recent and current matters include:

  • Representing national grocery store chain with projects throughout New England
  • Representing national retail center owner on the redevelopment of an underutilized life style center
  • Lead counsel and Executive Board member of OpenCape, a fiber optic infrastructure entity, for the permitting and construction of a core fiber optic backbone network throughout Cape Cod and southeastern Massachusetts
  • Lead counsel to a municipality for the permitting of the Commonwealth's largest landfill, including successfully defending decision to the Supreme Judicial Court
  • Representing industrial, chemical and oil companies in the development of solutions to address environmental contamination
  • Negotiated environmental insurance policy to fix price for environmental remediation of a former US Military base
  • Represent industrial company in Southeastern US relative to state and federal Clean Water Act matter
  • Permitted a microwave antenna network throughout Cape Cod, Martha’s Vineyard and southeastern Massachusetts that included 14 towers
  • Economic development project for a Fortune 500 company involving site acquisition, state and local economic incentive package, and development of a 350,000 sq. ft. distribution facility
  • A 60+ acre ocean front mixed-use development on a former mill complex, which is one of the first projects approved under M.G.L. c.40R (the Smart Growth Zoning Act), allowing (as-of-right) 675 residential units and 600,000 sq. ft. of commercial space (hotel, office, retail and restaurants), in addition to a 300 slip marina 
  • A 50-acre 40B project with 272 units
  • Leading the effort to master plan, rezone and redevelop a 300+ acre property into a mixed-use, smart growth development, which is expected to include housing, commercial development, and active and passive recreation 
  • Numerous solid waste matters, including landfill and transfer station site assignments and permitting

Experience

Experience

  • Leading effort to master plan, rezone and redevelop a 300+ acre property into mixed-use development

    Leading effort to master plan, rezone and redevelop property into a mixed-use development overlooking the Merrimack River. The project is anticipated to include a mix of housing types, commercial and retail uses and active and passive recreational uses.

  • Performed lead role in representation of the Town of Southbridge in the expansion of one of the state’s largest landfills

    Performed lead role in the representation of the Town of Southbridge in the expansion of one of the state’s largest landfills. Project included a 7 month permitting process, hundreds of hours of hearings, and 27 intervening parties. Prepared a 45 page decision that was appealed, successfully defended and ultimately affirmed by the Massachusetts Supreme Judicial Court.

  • Representation of owner of 60 acre Industrial rezoning project on Cape Cod

    Representation of owner of 60 acre Industrial rezoning project on Cape Cod.

  • Representation of owner of 50 acre 40B project on Cape Cod

    Representation of owner of 50 acre 40B project on Cape Cod. Proposed development includes 297 residential units. Successfully defended decision of Housing Appeals Committee.

  • Lead counsel in acquisition and redevelopment of a Federal Superfund Site

    Lead counsel in the acquisition and redeveloped a Federal Superfund Site (former Smith & Wesson property) in Springfield, MA into 400,000 sq. ft. distribution facility. Project created several hundred new jobs and was designated as one of the best economic development projects.

  • Lead counsel and Board Member of the non-profit OpenCape Corporation

    Lead counsel and Board Member of the non-profit OpenCape Corporation. OpenCape was awarded a $32 million Broadband Technology Opportunity Program (BTOP) grant by the National Telecommunications and Information Administration (NTIA) from American Recovery and Reinvestment Act (ARRA) stimulus funds on February 28, 2010. The $32 million BTOP grant will be combined with matching funds totaling $8 million from the Commonwealth of Massachusetts, private construction/operating partner(s), and Barnstable County to construct a comprehensive middle mile communications network to support the economic, educational, public safety and governmental needs of the southeast Massachusetts region.

    OpenCape is using the funds to construct a core fiber optic backbone on Cape Cod with extensions to two major regional network connection centers in Providence and Brockton, a microwave radio overlay that includes Martha’s Vineyard, and a regional collocation center in Barnstable Village. These three elements combine to provide a robust, high capacity communications infrastructure for the region.

  • Representation of owner and developer of 75 acre waterfront mill complex

    Representation of owner and developer of a 75 acre waterfront mill complex. The master plan calls for the redevelopment of over 1.5 million square feet of mill buildings and new construction that will over look Cape Cod Bay. The site will feature a marina with a deep water channel and 400 foot solid filled pier, 675 residential condos and apartments, retail shops and office space. The site hosts the southern most MBTA train on the South Shore offering rail to Boston and is one of the largest transit oriented mixed use development in the region. The site was first and largest smart-growth district under MGL c 40R.

News & Insights

Honors

Honors

  • Massachusetts Super Lawyers Rising Stars, 2005
  • The Best Lawyers in America, 2013-2018

Education & Admissions

Education

New England Law | Boston, J.D.

State University of New York, B.A.

Admissions

  • Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts

Industry Expertise

Michael has represented clients involved in mixed-use projects, retail, hotels, multifamily housing, hospitals, senior housing, and marinas. He has particular experience in economic development projects and represents buyers and sellers of contaminated properties (brownfields).

Noteworthy

Massachusetts Super Lawyers Rising Stars, 2005

The Best Lawyers in America, 2013-2018

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