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| 10/13/08 | Legal Perspective: The 411 On The State’s I-Cubed Act | | 3/17/08 | Massachusetts Expedited Permitting Law a Work in Progress |
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| Client: Large Regional Utility |
Type of Matter: Environmental/Land Use/Impact Assessment
Client's Challenge: Operational needs resulted in changes to building after permits were secured and plans approved. The changes triggered new state permitting requirements, including the potential for MEPA review.
The Goal: Keep client on original construction and occupation timetable to avoid operation interruptions and costs while also making changes to building.
Our Strategy: Work with state agencies to analyze and mitigate the impact of the proposed changes. Crafted solution that met the permitting requirements without the need for full scale impact assessment.
Results: Client made the changes they needed to the building and still occupied the building on schedule.
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| Client: Regional Commercial and Retail Developer |
Type of Matter: Transactional Real Estate
Client's Challenge: Project mitigation required in a 1988 Massachusetts Highway Department section 61 finding required payments when certain occupancy levels were reached in the development. Changes in government policies impeded the agency from accepting the mitigation payments when the payments were due nearly twenty years later. Buyer and lender counsel questions on compliance with this mitigation requirement stopped closings.
The Goal: Resolve uncertainty created by the Massachusetts Highway Department's inability to accept funds required as project mitigation so it no longer created concerns for buyer and lender counsel during closings for lots within the development.
Our Strategy: Work with Massachusetts Highway Department to establish escrow account held by developer for benefit of agency to document compliance with the mitigation requirement, including documents in a form acceptable to buyer and lenders counsel.
Results: Closing proceeded without further delay and subsequent closing have not had to deal with this issue.
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| Client: Preferred Developer for International Retailer |
Type of Matter: Environmental/Land Use
Client's Challenge: International Retailer's due diligence on the property raised concerns about possible regulatory issues with historic operations that altered wetlands on the site and associated drainage/waterways.
The Goal: Eliminate regulatory uncertainties created by historic alteration and fill of one of the properties within the assemblage acquired for the project.
Our Strategy: Review, analyze and cure historic, unpermitted fill and other activities initially with the local conservation commission by obtaining an Order of Conditions and Certificate of Compliance to address local and state wetland requirements. Then obtain a letter of concurrence from the Massachusetts Department of Environmental Protection that no state enforcement action will ensue. Finally work with USE EPA and Army Corps to confirm no federal enforcement and to obtain 404 permit and 401 Water Quality Certificate for past and future work on the site.
Results: All regulatory issues resolved.
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|  - Bartlett II, Norman E.
- Bauer, Paul C.
- Beaton, Brian R.
- Connolly, Catherine Preston
- Conte, Thomas J.
- Cox, Jr., Robert D.
- Feeney, Mary T.
- Fenton, Scott T.
- Garrahan, Katherine
- Hanrahan, James D.
- Longden, Robert E.
- Moore, Liana P.
- Pizzi, Marisa L.
- Rikleen, Lauren Stiller
- Smith, Joshua Lee
- Sudmyer, Robert C.
- Truex, Donna M.
- Ziemba, John S.
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