Environmental Zoning & Land Use

Sullivan assists clients in resolving environmental, land use, and permitting issues and provides representation in administrative enforcement matters and litigation as necessary.  We represent developers, landowners, lenders, investors and public authorities in addressing land use laws affecting planning and zoning, environmental and historical impact review, coastal zone management, wetlands and waterways, brownfields, solid, hazardous and municipal waste, public lands and endangered species. We analyze requirements for development projects, financings and acquisitions, and we assist clients in obtaining, renewing and complying with permits and regulatory requirements for facility construction and operation.

Representative Client Work

• Conducted review of practices, policies and procedures of the City of Boston Zoning Board of Appeal and prepared comprehensive memorandum providing recommendations for the improvement of Board practices
• Counseled developer on permitting and regulatory requirements for a 420-room hotel, two office buildings in excess of one million square feet, and a 2,300-space garage on historic-filled tidelands adjacent to the Boston Harbor
• Represented developer of a residential project at a former naval shipyard concerning environmental issues, including environmental insurance, site cleanup and evaluation of land use permits
• Conducted environmental, zoning, and regulatory due diligence for client acquiring two waste-to-energy power plants under construction
• Assisted purchaser of two newly-constructed office/research laboratory buildings within a planned development in Boston on filled tidelands in evaluating federal, state and local regulatory compliance and permitting issues, and worked with environmental consultant to identify potential approaches to remediate historical contamination
• Advised clients on environmental and historical impact reviews, and provided strategic advice on land use requirements affecting wetlands and other waters, aquifers and sensitive resources
• Represented yacht club developer concerning state and local land use, wetlands and tidelands permits, and related litigation
• Represent REITs in connection with environmental and land use due diligence for various portfolio and individual acquisitions of industrial, truck stop and gasoline station, office, hotel and senior living properties
• Represented developer of mixed-use tower in Boston’s Seaport District, including handling of zoning and environmental permitting issues and related mitigation agreements, drafting of Plan Development Area development plan and addressing issues under Massachusetts Contingency Plan. Project involved Municipal Harbor Plan amendment and Chapter 91 waterways licensing, as well as the drafting of zoning and environmental opinions for project financing and worked on environmental indemnity agreements
• Represented foreign real estate investment trust in connection with environmental and land-use issues related to its initial U.S. acquisition involving 30-property portfolio, including sites subject to an environmental consent decree; advised as to requirements and liabilities under U.S. and local environmental and zoning law
• Analyzed potential impact of Rivers Protection Act on proposed redevelopment of former mill property in western Massachusetts
• Handled environmental issues for borrower in connection with financing for 180 industrial properties in Hawaii, including designing the plan to identify and resolve environmental issues to lender's satisfaction and negotiating the environmental indemnity agreement
• Reviewed environmental contamination and regulatory compliance issues for investor in industrial mushroom growing business