Attorneys
Timothy Fraser
Timothy Fraser is Counsel at Dain, Torpy, Le Ray, Wiest & Garner, P.C., bringing over 20 years’ experience in real estate development, corporate & real estate transactions, litigation & administrative law, and the food and beverage industries. He represents clients on a variety of real estate development matters, including zoning, licensing, permitting, and transactions.
Attorney Fraser graduated from Hampton University in Hampton, VA with a B.S. in Marketing, and received his Juris Doctor in Taxation from Suffolk University Law School in Boston. While in law school, he worked full-time as a legal assistant at a Boston law firm, and also served as Regional Representative of the Northeast Black Law Students Association and Content Editor of the Suffolk Journal of High Technology Law.
Attorney Fraser began his legal career specializing in corporate mergers & acquisitions with global consulting firms. During this time, Attorney Fraser concentrated his practice on the purchase, sale, and other transactions involving companies in the food, beverage, apparel, and lifestyle industries. After law school, Tim also studied film and media production at Emerson College in Boston. During this time, he wrote, directed, and produced several short films, participated in various film festivals, and was selected as a finalist in the Directors Guild of America’s prestigious DGA Trainee Program. An accomplished home-chef, Tim also launched and operated Cameo Macaron, a Boston-based, French macaron food truck.
Attorney Fraser now applies his well-rounded expertise in corporate transactions, administrative law, real estate development, film & entertainment, and the food & beverage industries to provide legal counsel to corporate, individual, and non-profit clients. His practice primarily includes real estate transactions, real estate development, and zoning, licensing & permitting. He has significant experience representing clients before state and local administrative bodies such as the City of Boston’s Zoning Board of Appeal, Boston Planning & Development Agency (BPDA), Inspectional Services Department (ISD), and Licensing Board, the Commonwealth of Massachusetts’ Alcoholic Beverages Control Commission (ABCC), the Cannabis Control Commission, and the Consumer Affairs Division. In addition, he has represented clients in litigation in the Massachusetts Superior Court, District courts, Probate Court, Land Court, and the U.S. District Court of Massachusetts.
Recent Representative Matters
- Represented a Boston-based multi-franchisee of Papa John’s Pizza restaurants to obtain permits from the Licensing Board to open and operate two new restaurant locations in Boston. Continued to represent the client in renegotiating the lease for one location.
- Represented a national KFC multi-franchisee on several zoning and licensing matters related to its new and existing locations in the City of Boston.
- Represented a Boston restaurateur as he grew his establishment, upgrading the restaurant’s beer and wine license to obtain a full alcoholic beverages license from the Licensing Board, securing intellectual property rights (trademark & tradename), then negotiating a co-packing agreement for the restaurant’s popular sauces with a national manufacturer, and ultimately representing the owner on the sale of the business.
- Represented a Burger King multi-franchisee in a $6.4m refinance of its multi-state restaurant real estate holdings, and the subsequent purchase of additional restaurant locations.
- Represented a Boston-based preparer and distributor of sausages and other cured meats on all corporate aspects, including contracting, securing intellectual property rights (trademark & tradename), and real estate matters, as well as ultimately representing the owners on the sale of the business.
- Served as zoning counsel to a Boston-based community development corporation in connection with its proposed development of a four-story affordable condominium development with first-floor commercial space, obtaining the fourteen (14) Zoning Code variances required to combine the lots and make use of the unique project site.
- Served as zoning counsel and finance counsel to a Boston-based developer constructing a $34 million mixed-use, mixed-income development with 60,000 square feet of housing and commercial space in Roxbury. Navigated the BPDA’s Article 80 Large Project Review process and addressed the complexities of a unique project site that combined property owned by the City of Boston’s Department of Neighborhood Development (DND) with privately owned property.
- Represented a Boston-based franchisee in opening the first U.S. location of a Taiwanese fast-food restaurant in the Back Bay. The project, which was delayed by the COVID-19 construction moratorium, involved securing building permits from ISD for the renovation and build-out, as well as obtaining zoning relief for a change in occupancy from the Board of Appeal, food service permits from the Licensing Board, health permits from ISD, and exterior design and signage approval from the Back Bay Architectural Commission.
- Represented a national chain of self-storage facilities in obtaining a permit to build-out an “onsite manager” apartment at one of its Boston-area facilities. Sought and successfully obtained zoning relief from the Board of Appeal to allow the apartment in an industrial area where residential uses are forbidden.
- Represent numerous small, medium, and first-time entrepreneurial developers to secure building permits and obtain necessary zoning relief for single and multi-family residential developments and condominium conversions.
- Represent various venues including restaurants, function halls, and fraternal lodges before the City of Boston Licensing Board for Entertainment License violations.
- Represent multiple clients in fence/property-line encroachment issues. In one case, after securing summary judgment in the Land Court and after the defendant abutter violated the Court’s order to remove the fence, successfully argued and obtained a writ of capias and a warrant for the abutter’s arrest for his continued failure to remove the fence.
Bar & Court Admissions
Attorney Fraser is admitted to practice law before the Supreme Judicial Court of Massachusetts and the U.S. District Court of Massachusetts.
Education
- B.S., Hampton University, Hampton, VA (1994)
- J.D., Suffolk University Law School, Boston MA (2001)
(President, Suffolk Black Law Students Association; Regional Representative, Northeast Black Law Students Association; Content Editor, Suffolk Journal of High Technology Law)
Professional Activities
Attorney Fraser currently serves as Board Secretary of the City of Chelsea Economic Development Board, and as a Board Member of the Hamilton-Garrett Music & Arts Academy.