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Michael E. Scott, Nutter McClennen & Fish LLP Photo

Michael E. Scott

Co-Managing Partner; Executive Committee; Co-Chair, Lateral Partner Hiring Committee / Boston

Overview

Michael E. Scott is a co-managing partner of Nutter and a member of the firm’s Executive Committee. He is also the co-chair of the firm’s Lateral Partner Hiring Committee, and a member of the firm’s Diversity and Inclusion Committee. Michael is a member of Nutter's Real Estate Department and the Development, Land Use and Permitting practice group. He works out of the firm’s Boston and Hyannis offices.

Michael represents developers, corporate, institutional, and investment 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, real estate development, and environmental remediation and compliance.

Michael has represented clients involved in mixed-use projects, transit-oriented development, retail, hotels, multifamily housing, hospitals, senior housing, and marinas. He has particular experience in economic development projects. Clients rely on Michael’s legal counsel on issues involving corporate structure, economic development and tax-incentive programs, liability avoidance, and the availability of financing, grants, and insurance. A leader in the real estate industry, Michael writes and speaks frequently on real estate development issues.

Notable Experience and Client Impact

  • Serving as permitting, joint venture, and transactional counsel for a redevelopment involving a 1.5 million sq. ft. transit-oriented, mixed-use project that will include housing, office, hotel, retail, and community space.
  • Acting as real estate counsel for the redevelopment of a 170-acre property that will feature a town center-style development, including 1.4 million sq. ft. of retail space with a 150-room luxury hotel, banquet facility, restaurants, movie theater, bowling alley, and other entertainment options.
  • Serving as permitting counsel for a national retail developer to redevelop a 25-acre site that will include more than 300,000 sq. ft. of shops, restaurants, entertainment, and open space.
  • Providing permitting, joint venture, and financing counsel for 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. The project recently completed permitting and construction financing for the first phase, which includes 230 apartments and 50,000 sq. ft. of retail space.
  • Serving as permitting and joint venture counsel for the rezoning and development of multiple city blocks in Newton, MA.
  • Acting as permitting, joint venture, litigation, and financing counsel for a mixed-use project involving 160 residential units and 50,000 sq. ft. retail space. Nutter successfully moved for summary judgment against an appeal of the rezoning and special permits.
  • Serving as permitting and litigation counsel for a national senior living company for the development of a 122 bed senior living and memory care facility. Nutter successfully defended an appeal of the rezoning and special permits after full trial in Land Court.
  • Providing permitting, transactional, and financing counsel for the acquisition and repositioning of a 120,000 sq. ft. project in Waltham, MA.
  • Serving as permitting and transaction counsel for the acquisition, repositioning, and expansion of a 120,000 sq. ft project in Norwood, MA.
  • Acting as permitting and transactional counsel for a local senior living company in the acquisition and permitting of a new 500,000 sq. ft. senior living facility in New Hampshire.
  • Serving as permitting counsel for a national restaurant operator for several new sites in Boston.
  • Providing permitting and transaction counsel for a national grocery store chain with projects in Boston and throughout New England.
  • Serving as lead counsel and Executive Board member of OpenCape, a fiber optic infrastructure entity, for the permitting, construction, and operation of a core fiber optic backbone network throughout Cape Cod and southeastern Massachusetts.
  • Acting as lead counsel to a municipality for the permitting of the Commonwealth's largest landfill, including successfully defending decision to the Supreme Judicial Court.

Experience

Experience

  • Cordage Development Associates I, LLC

    Nutter represented Cordage Development Associates I, LLC in obtaining site plan approval from the Town of Plymouth, MA for a phased development under M.G.L. c. 40R containing 303 residential units in four buildings and 10,000 square feet of retail space.

  • Hilco Real Estate

    We represent Hilco Real Estate in the zoning and redevelopment of four industrial properties in Watertown, Waltham and Avon, Massachusetts.  We are also currently working on the redevelopment of two large former manufacturing projects in Waltham. We also assisted with the acquisition of a large power plant in Boston, MA that will be redevelopment into a mixed-use project.

  • Janco Development/Cordage Park

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

  • Mark Development

    We represent an affiliate of Mark Development in its redevelopment of a city block in Newton, MA which will result in four- and five-story buildings with a total of 212,000 SF development containing a mix of residential, retail, restaurant, and community space. This is a transit-oriented development located just .01 miles from an MBTA commuter rail station. Approval for the project was obtained in June 2017. Project required the locus to be rezoned and a special permit obtained to allow for density and height. Project required 14 hearings before the Newton City Council. The project approvals were appealed by adjacent neighbors. We recently won this case in the Land Court.

  • 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

News

Honors

Honors

  • Massachusetts Super Lawyers, Rising Stars, 2005
  • The Best Lawyers in America, 2013-2020
  • Massachusetts Super Lawyers, 2019

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, transit-oriented development, retail, hotels, multifamily housing, hospitals, senior housing, and marinas. He has particular experience in economic development projects.

Noteworthy

  • Massachusetts Super Lawyers, Rising Stars, 2005
  • The Best Lawyers in America, 2013-2020
  • Massachusetts Super Lawyers, 2019
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