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Mary T. Marshall, Nutter McClennen & Fish LLP Photo

Mary T. Marshall

Partner / Boston

Overview

Mary T. Marshall is a partner in Nutter’s Real Estate Department and a member of the firm’s Development, Land Use and Permitting practice group. A broad range of clients, from non-profit clients who have significant real estate holdings to private developers, rely on Mary for her counsel on zoning, land use and environmental law matters, and value her specific expertise in the City of Boston. Her practice involves considerable interaction with other professionals in related disciplines, and a high degree of interaction with professionals in the public sector. In 2018, Banker & Tradesman selected Mary as a “Women of FIRE” honoree in recognition of her outstanding leadership in the real estate industry.

Notable Experience and Client Impact

A variety of entities seek Mary’s counsel in connection with mixed-use developments in dense and highly regulated sites, including those located over, on or adjacent to public infrastructure. Working collaboratively with the client, fellow Nutter colleagues and the project’s architects, engineers, and other consultants, Mary draws upon her extensive experience to develop a clear, cost effective strategy to obtain the client’s intended result. Recent projects include:

  • Working as part of a project team to obtain modifications to prior zoning and land use approvals to enable the redevelopment of historic building and adjacent wharf to allow for a vibrant mixed-use development which includes the world headquarters for an athletic company, residential units, ground floor retail and restaurant and a visitor center–all on Boston’s historic waterfront. Mary’s work included assisting the client in structuring and implementing an innovative real estate tax structure which was critical to securing the office tenant.
  • Working with other Nutter colleagues as part of a client effort to recalibrate the approvals for a previously approved mixed-use project, including negotiation and implementing a program to implement a program of real estate tax stabilization which was required in order to provide the first large-scale 100% affordable and workforce housing development in Boston in the last 25 years which was located over and adjacent to the MassDOT CA/T.
  • Working with other Nutter colleagues as part of a client effort to redevelop a transportation facility located over MassDOT and MBTA right of way to allow for the development of an approximately 1.2 million square foot project containing a mix of office, retail and residential uses at the intersection of the Back Bay and South End neighborhoods in the City of Boston.
  • Assisting the client in the redevelopment of a historically designated core block in heart of Downtown Boston to enable three distinct uses: the expansion and repurposing of the existing office building as a boutique hotel; the redevelopment of an existing office building to allow a seven-story (six stories and a penthouse) addition requiring multiple levels of approvals from the historic and land use authorities; and the repurposing and redevelopment of an office building for use as a residential development with ground floor retail, requiring multiple levels of zoning, historic and other land use approvals.
  • Assisting clients in the permitting and redevelopment of previously industrial sites to a mixed-use development in the South End neighborhood of Boston, with a focus on neighborhood engagement and the delivery of high level of on-site affordability.

Institutional clients, including hospitals, colleges, and other educational institutions, frequently engage Mary in connection with complex real estate development matters, involving permitting, construction, and financing of facilities for academic, dormitory, residential, medical research, and hospital purposes, including master planning and permitting for their campuses. Recent work includes:

  • Representation of a Boston tertiary care teaching hospital in connection with its site acquisitions, permitting and development including: permitting and environmental and land use diligence required for the redevelopment of a former state hospital as a 630,000 sq. ft., mixed-use development, including residential, clinical office, and research purposes; a below grade 400 space garage with landscaped areas above; a 350,000 sq. ft., in-patient cardiac care facility for a major Boston teaching hospital; a future research and development site on a nearby academic campus; and related diligence, all within the Longwood Medical Area of Boston.
  • Representation of another Boston teaching hospital, in connection with its long range master planning and physical facilities development, including evaluating the possible disposition of its existing main campus and alternative locations for both in-patient and out-patient care centers.
  • Representation of a non-profit client in the re-use of a portion of their campus for the development of an affordable and workforce housing residential facility with a preference for veterans.

An active member of the community, Mary is a trustee and the secretary for the Trustees of Charitable Donation for the City of Boston. She is a past chairperson of the Real Estate Committee for the Catholic Charities Board of Trustees, member of the Board of Trustees of Massachusetts Eye and Ear Infirmary, former member of the Board of Directors of HomeStart, Inc., and a former member of the Board of Directors for the Beacon Hill Civic Association.

Mary is a member of several professional organizations, including the Boston Bar Association, NAIOP, ULI, and The Abstract Club. She has lectured on real estate topics at the Massachusetts Bar Association, Boston Bar Association, ULI, NAIOP, and Massachusetts Continuing Legal Education, Inc.

Experience

Experience

  • Brighton Marine

    For over 30 years, Nutter has been proud to represent Brighton Marine, a non-profit corporation supporting uniformed service members, retirees, veterans and their families in the Allston-Brighton community. Nutter assisted its client with the development of The Residences at Brighton Marine, a $46 million project creating 102-units of affordable housing in Boston with a preference for veterans. 

    Nutter advised Brighton Marine on all aspects of this project, including the original strategic planning, the permitting, the formation of the joint venture with WinnCompanies, the ground lease to the joint venture and the financing.

  • Related Beal

    We represent an affiliate of Related Beal LLC in its redevelopment of a core asset of six existing, historically sensitive buildings in the urban core of the City of Boston to be known as Congress Square, which will result in a total of 530,800 SF of total development containing a mix of office, residential and hotel use.  One of the buildings has been nominated for designation as a City of Boston Landmark, which has required intensive efforts with the City and local historic constituents to enable redevelopment.

  • Boston Properties

    We represent Boston Properties (BP) in BP’s redevelopment of the existing Hancock Garage and the redevelopment and refurbishment of the adjacent Back Bay train station located in the Back Bay neighborhood of Boston, MA known as the Back Bay/South End Gateway Project.  Both of these properties are owned by the Massachusetts Department of Transportation (MassDOT) and are the subject of a long term ground and air rights lease to BP.  Currently, in addition to substantial upgrades to the Back Bay Station, the project is planned to be a mix of office, residential and retail.  As planned, there will be one office tower, two residential towers, with retail and parking on lower floors.  The feasibility of permitting and constructing the project in and over active rail, light rail and interstate highway in a historic and dense area of Boston adds an interesting level of complexity.  In total, the project could have a combined 1.3 million square feet of office, retail and residential space constructed.

  • The Brigham and Women's Hospital, Inc.

    We represented The Brigham and Women's Hospital, Inc. (BWH) in the completion of the zoning and land use permitting required to enable the redevelopment of a portion of the 2.61 acre former Massachusetts Mental Health Center (MMHC) site as a 383,250 square foot state-of-the-art research and clinical facility known as BWH's “Center for Transformative Medicine” (“CTM”), formerly known as the Brigham’s "Building for the Future".  Nutter assisted in the modification of the existing approvals for CTM for an additional story and increase in size of 24,580 square feet to be added mid-construction to assist BWH in responding to changing hospital needs. The construction of CTM has now been completed and is fully occupied.  We continue to assist the client in ongoing permit modifications and permit compliance issues related to this and other properties within the Longwood Medical Area.

  • Phoenix Property Company/Lincoln Property Company

    Nutter represents a joint venture between Phoenix Property Company /Lincoln Property Company and an institutional investor in the permitting and transactional aspects of a large, complex, multi-party residential/hotel/retail mixed-use project with underground garage to be constructed on the land known as Parcel K, owned by the Massachusetts Port Authority, that is located in the Seaport District in Boston. The Project will consist of a 12-story apartment building with 304 apartments, a 12-story, 294-room hotel, office and retail space in both towers and a 1-level underground garage. Our work leading up to the initial closing involved the negotiation of:  the acquisition of the Project development rights from a prior developer; the joint venture between Phoenix Property Company/Lincoln Property Company and an institutional investor; the transfer of the hotel development rights to a joint venture between Hyatt Hotels Corporation and a hotel operator; multiple ground leases with Massport for the separate Project components; a construction loan with JPMorgan Chase, N.A. as lead lender; and a complex reciprocal easement agreement among the different Project components; as well as addressing complex permitting and title issues (including Chapter 91 licensing, agreements with the Boston Planning and Development agency and the creation of multiple air rights parcels). 

  • Related Beal

    Represented the full service real estate firm Related Beal on a range of complex issues involving Parcel 1B, a development project which includes the first large-scale 100 percent affordable and workforce housing development in downtown Boston in the past 25 years, as well as a 220-room hotel, ground floor retail space, and parking.  Work included air rights leasing, title, acquisition, zoning, and environmental matters, as well as state and City of Boston entitlements, real estate tax stabilization, and hotel financing.

News & Insights

Honors

Honors

  • Banker & Tradesman “2018 Women of FIRE”
  • The Best Lawyers in America, 2018-2019
  • Massachusetts Lawyers Weekly “2016 Top Women of Law”
  • Chambers and Partners, Leading U.S. Real Estate Attorney, 2017-2018

Education & Admissions

Education

Boston College Law School, J.D.

University of Notre Dame, B.A., cum laude

Admissions

  • Massachusetts

Industries

Industry Expertise

Mary is a member of several professional organizations, including the Boston Bar Association, NAIOP, ULI, and The Abstract Club. She has lectured on real estate topics at the Massachusetts Bar Association, Boston Bar Association, ULI, and Massachusetts Continuing Legal Education, Inc.

Noteworthy

Banker & Tradesman “2018 Women of FIRE”

The Best Lawyers in America, 2018-2019

Massachusetts Lawyers Weekly “2016 Top Women of Law”

Chambers and Partners, Leading U.S. Real Estate Attorney, 2017-2018

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