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Super Lawyers: 2020 – 2024
Recognized as a 2023 Top Lawyer by Boston Magazine
Michael W. Parker
Michael Parker is a real estate/environmental lawyer with extensive experience in complex real estate, land use, and environmental matters in nearly all of Boston’s neighborhoods and the surrounding area. Michael started his legal career in the United States Environmental Protection Agency’s Superfund program. He represents a wide range of clients in the acquisition, permitting, and development of real estate projects with a focus on large project review, permitting, and climate resiliency. He manages the environmental due diligence for significant real estate and corporate transactions, assists clients with responses to RFPs, and advises on the environmental aspects of projects. Michael has extensive experience in litigation of environmental remediation cost recovery, property damage claims, as well as state, local, and federal regulatory and enforcement matters. Michael also advises clients on federal and state Brownfields redevelopment, including Brownfields Tax Credits. Regulatory matters Michael has experience with include Boston’s Article 80 Large Project Review, Boston’s Parking Freeze Program, federal and state Superfund laws, Massachusetts Public Waterfront Act (Chapter 91), Wetlands Protection Act, Massachusetts Water Management Act, Massachusetts Chapter 21E, Clean Water Act, RCRA, TSCA, Clean Air Act and Residential Lead-Based Paint Hazard Reduction Act.
Recent Experience
- Represent an affordable housing client applying for a Building Emissions Reduction and Disclosure Ordinance (BERDO) Long-Term Hardship Compliance Plan.
- Represent institutional healthcare client in obtaining Boston Packing Freeze permits for its operations.
- Represented a developer in obtaining all permitting for the construction of a 258,000 square foot, eight-story, life sciences building with three levels of below grade parking in Medford, MA. This engagement included appearances before the Community Development Board, the Zoning Board of Appeals, and the Conservation Commission.
- Represented a developer in obtaining all permitting for a 21-story mixed-use development with 624 market rate and affordable housing units, 18,400 square feet of indoor amenity space, 8,335 square feet of ground-floor retail and 539 parking spaces, totaling 675,202 square feet in Everett, MA. This engagement included environmental due diligence, the potential use of Brownfields Tax Credits, and appearances before the Planning Board, Zoning Board of Appeals, and the Conservation Commission.
- Represented developer in obtaining all permitting for a 70-unit residential building in West Roxbury. This engagement included multiple assignments of permits, negotiating amendments to Article 80 development and affordable housing agreements, zoning analysis, and preparation of a zoning opinion.
- Representation of a national REIT in obtaining permitting for approximately 1M square feet Class A office tower and luxury hotel in the North Station area.
- Ongoing representation of a development team in obtaining permitting for a multi-phase project proposed to include a total of 851 housing units, 200 hotel rooms, 1,749,000 square feet of office/lab and manufacturing uses, and 5.28 acres of new open public space in the Sullivan Square area of Charlestown. Phase I of the project was approved by the BPDA Board in September of 2023.
- Ongoing representation of a developer in obtaining permitting for a 25-story residential tower proposed to include 503 market and affordable housing units, and 9,000 square feet of retail space in the Sullivan Square area of Charlestown. The BPDA approved this project in September of 2023.
- Represented 36 Lowell, MA condominium owners in an environmental lawsuit where recovery exceeded $4M for reimbursement for remedial activities, environmental property damage, and attorney’s fees. This engagement included two Superior Court jury trials, two successful Massachusetts Appeals Court appeals, and one successful appeal to the Massachusetts Supreme Judicial Court which established new statute of limitations precedent to Chapter 21E (Massachusetts Superfund Law).
- Ongoing representation of a developer in obtaining permitting for 62,000 square foot life sciences building with a ground floor restaurant in the Charlestown Navy Yard.
- Represented a local nonprofit in obtaining permitting for a state of the art $65M recreational facility in Brighton.
- Represented a community development corporation in the preservation of 97 affordable housing units with expiring subsidies in the South End. This engagement included environmental due diligence and the use of Chapter 40T.
- Ongoing representation of a joint development between a church and affordable housing developer to build an affordable residential project in the Fenway. This engagement included the negotiation of a joint development agreement.
- Ongoing representation of Boston’s largest affordable housing cooperative in Charlestown. This engagement includes representation of the Board of Directors in all aspects of operation, governance, and management.
- Represented nonprofit developer in obtaining permitting, including Planned Development Area approval, for a $240M affordable housing development which included rental and home ownership opportunities in Brighton.
- Represented the buyer of a parking garage in Chinatown. This engagement included due diligence, obtaining City of Boston parking freeze permitting, assignment of existing permitting, financing, and leasing.
- Represented the nation’s largest home builder in the development of a 289-unit residential building in Woburn, MA adjacent to the commuter rail station. This engagement included environmental due diligence and extensive negotiations with USEPA, MassDEP, and the parties performing the site remediation regarding remedial techniques and land use controls to allow for residential use.
- Represented the performing parties at the Industri-Plex Superfund Site in Woburn, MA on all aspects of the approximately $200M environmental remediation activities, including maintenance and preservation of remediation infrastructure, and the imposition of state and federal land use controls.
- Drafted an amicus brief supporting the City of Boston’s successful challenge to an appeal in the Massachusetts Supreme Judicial Court regarding the City’s wetlands permitting needed to rebuild the Long Island Bridge.
- Representing a developer defending against challenges to permitting, primarily zoning relief. These engagements include settlement negotiations, challenges to standing and merits of the action, and subsequent litigation.
Professional Activities and Honors
- Rated 2023 Top Lawyer by Boston Magazine
- City of Boston – Chair, Conservation Commission
- City of Boston – Community Preservation Committee
- Bunker Hill Associates Member
- Boston Bar Association, Environmental Law Section Steering Committee
- Greater Boston Chamber of Commerce, Real Estate Council
- National Association of Industrial and Office Properties
- Friends of the Charlestown Navy Yard, Chair
- Logan Airport Citizens Advisory Committee
- Charlestown Neighborhood Council
- Save the Harbor Save the Bay
- Mayor Pro Tem, Nederland, Colorado
- The Skating Club of Boston, Board of Directors
- The Boston Latin School, School Parent Council
- Boston College Parent Leadership Council
- Michael has been named one of the top lawyers in Massachusetts in the Environmental category by Super Lawyers, a joint publication of Boston Magazine and Law & Politics. The Super Lawyers comprise the top 5% of lawyers in the state.
Publications and Presentations
- SJC clarifies c. 21 Property Damage Statute of Limitations: A Debrief on the Grand Manor Decision, Boston Bar Association Environmental Litigation Committee, March 28, 2018.
- Supreme Judicial Court’s (SJC) decision in Grand Manor Condominium vs. City of Lowell, Real Estate Bar Association’s (REBA) Condominium Law & Practice and Environmental Law Sections joint open meeting, March 7, 2018.
- Green Buildings, Massachusetts Continuing Legal Education, Chair.
- Redeveloping Brownfields, Boston Bar Association Continuing Legal Education, Co-Chair.
- Environmental Law Basics Plus, Massachusetts Continuing Legal Education.
- Commercial Real Estate Basics Plus, Massachusetts Continuing Legal Education.
- Massachusetts Land Use Monitor – Contributor.
Education
- J.D., Cornell Law School, 1995
- B.A., University of Colorado, Boulder, 1992
Bar Admissions
Michael is admitted to the bar of Massachusetts.