Representative Transactions 

Land Use Development, Zoning and Permitting 

  • Represented owner/developer in successful rezoning of proposed mixed use development using the newly enacted Chapter 40R legislation and Chapter 40R Regulations in Massachusetts. Project consists of a $200+ million mixed use development on 150+ acres, including the development of over 500 residential units and redevelopment of over 2 million square feet of commercial buildings.
  • Represent developer in permitting of 250,000+ square feet mixed use redevelopment of an historic mill building complex, involving working with municipality and Commonwealth's Economic Assistance Coordinating Council in the extension of Economic Target Area to entitle developer to state tax credits and other state incentives. 
  •  Represented developer in working with municipality in designating land as a Priority Development Site under the Commonwealth's New Expedited Permitting Law (Chapter 43D), including assistance with Town Meeting approval of local option, and the completion of application for Priority Development Site designation for submittal to the Interagency Permitting Board pursuant to 400 CMR 2.00 (Expedited Permitting Regulations).
  • Represented developer of 400-acre mixed residential/commercial project in New Hampshire, including the proposed development of 400 residential units and 65 acres of commercial property. 
  • Represented developer of proposed $75 million theme park to be located north of Atlanta, Georgia and in Ocean County, New Jersey, including land assembly of 1,100 acres for park and related commercial and residential facilities, and assisted client with due diligence review of proposed sites in California, New Jersey, Georgia, and Massachusetts.
  • Represented leading national petroleum company on matters relating to pre-acquisition due diligence, development permitting and zoning compliance, and environmental regulatory compliance for sites in New England.
  • Represented national retail pharmacy chain in various zoning and permitting matters in Massachusetts.
  • Represented developer of 100+ room hotel in Arlington, Massachusetts.
  • Represented non-profit in redevelopment of religious institution located on State and National Register, and represented private educational institution in renovation and demolition project involving environmental impact review and architectural access board review for site located in National Register Historic District in Massachusetts. 
  • Represented developer of 150 lot residential subdivision in Massachusetts involving MEPA, endangered species, wetlands, and other permitting matters. 
  • Represented developer in permitting of mixed use project, including 90-unit assisted living facility and 22,000 square foot retail office facility. 
  • Represented non-profit developer in the permitting of various multi-family residential projects throughout Massachusetts. 

Real Estate Capital Markets, Investments and Joint Ventures 

  • Represented Massachusetts real estate and investment company in connection with numerous commercial loan transactions.
    Formed and represented Delaware limited liability companies in the negotiation of joint ventures involving equity contributions, fund formation, and structuring of operating agreements in connection with hedge fund and hedge fund management agreements.
    Formed numerous limited liability companies, corporations, partnerships and joint ventures in connection with real estate debt and equity transactions.
    Provide advice relative to structuring business entities for various real estate development and affordable housing providers, including the negotiation of equity participation arrangements.
    Provided advice on value-added development opportunities and related entitlement strategies in connection with properties within existing portfolios.
    Negotiated workouts of distressed joint venture arrangements involving distressed real estate developments/project.
    Represented Massachusetts real estate and investment company in connection with numerous commercial loan transactions.
  • Formed and represented Delaware limited liability companies in the negotiation of joint ventures involving equity equity contributions, fund formation, and structuring of operating agreements in connection with hedge fund and hedge fund management agreements. 
  • Formed numerous limited liability companies, corporations, partnerships, and joint ventures in connection with real estate debt and equity transactions. 
  • Provided advice relative to structuring business entities for various real estate development and affordable housing providers, including the negotiation of equity participation arrangements.
  • Provided advice on value-added development opportunities and related entitlement strategies in connection with properties within existing portfolios.
  • Negotiated workouts of distressed joint venture arrangements involving distressed real estate developments/projects.

Environmental Compliance and Enforcement 

  • Represented developer in structuring state brownfields financing for environmental assessment and cleanup for proposed $14 million mixed use project.
  • Represented seller in disposition of former gas station facilities, including the securing of environmental insurance and related incentives. 
  • Represented environmental cleanup firm in Massachusetts DEP enforcement initiative involving alleged violations of laws involving asbestos containment and removal, hazardous materials handling, and hazardous waste remediation. 
  • Represented client in defense of EPA enforcement action involving violations under the federal Clean Water Act.
  • Represented hotel developer client in successful resolution of wetlands administrative appeals action brought by abutters. 

Affordable and Multifamily Housing

  • Represented developer of proposed 300-unit residential apartment project in Massachusetts under Chapter 40B.
  • Represented joint venture in purchase, development, and financing of proposed $40 million apartment building with 300-unit parking garage located in New Hampshire. 
  • Represented developer in permitting of 100-unit affordable housing project pursuant to Chapter 40B using Mass Housing's Housing Starts Program in Wrentham, Massachusetts, including single family, senior housing, and townhouse condominium units.
  • Represented developer of proposed 278-unit apartment project using Mass Development Tax Exempt Bond Financing program under Chapter 40B in Dracut. 
  • Represented developers in permitting of affordable housing townhouse condominium projects pursuant to Chapter 40B using the DHCD's Local Initiative Program in Reading and in Dracut, Massachusetts. 
  • Represented lender in financing of a 278-unit Chapter 40B project located in Groton, Massachusetts. 
  • Represented lender in financing of a 100-unit Chapter 40B project located in Andover, Massachusetts. 
  • Represented a non-profit community development corporation in the permitting and conversion of former nursing home into rental project in North Andover, Massachusetts, and the redevelopment of a former high school into senior rental housing in Webster, Massachusetts. 
  • Represented developer of 88-unit housing project pursuant to Chapter 40B using Mass Housing's Housing Starts Program in Andover, Massachusetts.
  • Represented other developers of proposed projects pursuant to Chapter 40B using the Federal Home Loan Bank of Boston's New England Fund, Mass Housing Housing Starts Program, the DHCD's LIP Program and Low Income Housing Tax Credit Program, and other programs in Dracut, Norfolk, Carlisle, Sudbury, Ipswich, Middleborough and other municipalities. 

Small Business Advising 

  • Represented employees of US subsidiary of Belgian corporation in connection with their purchase of a minority stake in parent company.
  • Represented US technology start-up company in connection with sale of equity interests to non-US investors. 
  • Represented closely-held Massachusetts corporation in connection with the retirement and redemption of long term shareholders and the investments in the corporation by employees.
  • Represented Massachusetts real estate and investment company in connection with numerous commercial loan transactions. 
  • Represented CEO of VC-backed technology in employment contract negotiations with corporation's Board of Directors.
  • Formed numerous limited liability companies, corporations, partnerships, and joint ventures, and continue to provide ongoing corporate representation. 
  • Provide advice relative to structuring business entities for various real estate development and affordable housing providers, including the negotiation of equity participation arrangements. 
  • Represented CEO of US subsidiary of Turkish corporation in employment contract negotiations with parent corporation.  

Civil Litigation and Administrative Appeals 

  • Represented developer in the $3,900,000.00 construction loan financing for a 36-unit age-restricted residential condominium project approved under Chapter 40B.
  • Represented national banking institution, as lead arranger and administrative agent in connection with making and syndication of $64,000,000.00 acquisition and construction loan. 
  • Represented privately held corporation in a $15,000,000.00 private debt and equity financing transaction involving the issuance of senior subordinated notes with attached warrants, and the refinancing of its debt and equity structure to include the issuance of new senior, subordinated and junior subordinated notes. 
  • Represented lender in financing of 100-unit townhouse condominium project pursuant to Chapter 40B Comprehensive Permit Law.
  • Represented lender in financing of 278-unit residential project pursuant to the Chapter 40B Comprehensive Permit Law. 
  • Represented financing company in connection with national franchise program providing real estate and equipment financing nationally to fast food franchisees. 

 

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Address:

  Smolak & Vaughan LLP
East Mill
21 High Street, Suite 301
North Andover, Massachusetts 01845

Phone:

  978.327.5220
978.327.5219 (fax)

Email:

  bvaughan@smolakvaughan.com

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