Daniel J. Bailey III

Director and Group Leader, Environmental and Land Use Group 

dbailey@rackemann.com

vCard

Tel: 617-951-1107

- Real Estate- Environmental and Land Use Group

 

Education

Bar and Court Admissions

• Massachusetts

Practice Focus

Mr. Bailey is co-chair of the firm's Real Estate Department and a member of the firm’s Executive Committee.  He is also the Group Leader of the Environmental and Land Use Group, which includes several lawyers from the Real Estate and Litigation Departments.  He provides a variety of public and private sector clients with strategic legal analysis of federal, state and local permit and approval requirements for property development.  Through his permitting work he has facilitated development on a wide range of commercial projects (retail, warehouse, office, marina), mixed use projects (retail, office and housing), multifamily housing, and university athletic facilities.  

Mr. Bailey also advises a wide variety of clients on federal and state environmental matters, including Clean Air Act, Clean Water Act and Chapter 21E compliance.  This includes defending administrative enforcement actions brought by the Environmental Protection Agency and the Massachusetts Department of Environmental Protection for alleged violations of environmental laws.  His compliance work also involves counsel regarding the storage, treatment, and disposal of hazardous substances and the clean up of hazardous waste sites under federal and state law.   

Notable Experience

Mr. Bailey is special town counsel to the Town of Westwood Board of Selectmen in connection with Westwood Station, a 4.5 million square foot mixed use (retail, residential, office and hotel) project located adjacent to the Amtrak train station at the intersection of I-95 and I-93.  Mr. Bailey's work on this project includes virtually all aspects of land use law, including drafting of zoning by-laws and regulations, MEPA review, roadway relocations and takings, preparation and negotiation of tax increment financing agreements and other development agreements.

In the past year Mr. Bailey has also been lead counsel on the following projects:

• A 392 unit, ten story apartment project in Cambridge, Massachusetts on the site of contaminated former industrial land.  This project included zoning approvals from the Cambridge Planning Board and Board of Appeals, state permits and approvals, and extensive negotiations and agreements with the MBTA and abutting property owners regarding the re-use of on-site contaminated soils.
• Environmental site assessment and remediation of waterfront properties in Nantucket, Massachusetts. The properties include former industrial uses that have been converted to retail, restaurant, residential and marina uses, as well as on-going heavy industrial uses.  Mr. Bailey has worked on this project for close to 20 years, which has included negotiation and litigation with abutting property owners.
• Site assessment, remediation and litigation in connection with historic soil and groundwater contamination at an asphalt batch plant that was previously the site of ink manufacturing and a soil gasification facility. 
• Defense of environmental enforcement matters brought by EPA for alleged Clean Air Act violations at a petroleum bulk storage facility. 
• A 238 unit multi-family housing project in Chelsea, Massachusetts that required permits and approvals from the Chelsea Planning Board, Chelsea Zoning Board of Appeals, Chelsea Conservation Commission, Chelsea City Council, as well as numerous state permits and approvals.  The project also required extensive environmental remediation of contaminated soils, and  included conversion of contaminated land to a City park.    
• A 25-unit townhouse development on a former industrial facility in Rockport, Massachusetts.  The project site is on the waterfront and was first developed in the early 1800s.  This development also includes extensive hazardous waste assessment and remediation, including off-site remediation, and defense of DEP enforcement matters.

Background

Mr. Bailey joined Rackemann in 1988 and became a director and shareholder in 1997.  Before entering law school he worked for three years as a geologist with Sohio Petroleum Company.

Professional Activities

• American Bar Association (Section on Natural Resources, Energy and Environmental Law)
• Boston Bar Association (Section on Environmental Law)
• Real Estate Bar Association (Environmental Section)
• Environmental Entrepreneurs (E2)
• Member, Town of Westwood Conservation Commission, 1997-1998
• Member, Town of Westwood Economic Development Advisory Board, 2003-2005

Publications

Contributing Author and Lecturer:  Drafting Commercial Real Estate Documents in Massachusetts, Chapter 7, Environmental Considerations in Commercial Real Estate Transactions, Massachusetts Continuing Legal Education, Inc., 2004-2008

Contributing Author:  Crocker's Notes on Common Forms, Section 188-199 (concerning property rights in tidelands), Massachusetts Continuing Legal Education, Inc., 1995, 1997, 2000, 2003.

Author:  Proposed Changes to Title 5, State Environmental Code, Cambridge Institutes, 1993 Update on Massachusetts Environmental Law

Case Commentary, Landlaw DEP Reporter, 2000 to 2003

Lecturer, Commercial Real Estate Basics. (Introduction to Zoning and Environmental Law) Massachusetts Continuing Legal Education, Inc., 2003-2007

Lecturer, Solving Waterfront Property Disputes, Massachusetts Continuing Legal Education, Inc., 2008