Daniel J. Bailey III

Director 

dbailey@rackemann.com

vCard

Tel: 617-951-1107

- Real Estate- Finance, Restructure and Workout Group

 

Education

Bar and Court Admissions

• Massachusetts

Practice Focus

Mr. Bailey is co-chair of the firm's Real Estate Department.  He provides a variety of private and public sector clients with strategic legal analysis of permit and approval requirements regarding wetlands, tidelands, stormwater discharge, sewer, traffic, Clean Water Act, the Massachusetts Endangered Species Act and the Massachusetts Environmental Policy Act.  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 private school athletic facilities. 

In the area of environmental enforcement, Mr. Bailey represents business and property owners in administrative enforcement proceedings brought by the Department of Environmental Protection for alleged violations of environmental law.  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 permitting counsel on the following projects:

• 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 the following state approvals:  Chapter 91 Waterways License, Massachusetts Environmental Policy Act, and Massachusetts Highway Department Indirect Access Permit.  The project also includes conversion of contaminated land to a City park.  The project is the first “green” apartment building in Massachusetts located outside of Boston or Cambridge, and will apply for LEED certification..  All permits are in hand for this development, which broke ground in early 2007.
• 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.  Local permits and approvals were obtained from the Rockport Planning Board, Rockport Zoning Board of Appeals and Rockport Conservation Commission.  State permits include a Chapter 91 license and MEPA approval.  This development also includes hazardous waste assessment and remediation.
• A long range facilities master plan for a private school located in Western Massachusetts, including new academic facilities, playing fields, hockey rinks and dormitories.  Key permitting issues include MEPA approval and approval by the Massachusetts Natural Heritage and Endangered Species Program for alteration of priority endangered species habitat under the Massachusetts Endangered Species Act.
• A nine-lot subdivision on Nantucket that  required Nantucket Planning Board and Nantucket Conservation Commission approval, as well as State MEPA and Endangered Species approvals. All  permits and approvals for this development were secured by summer, 2007.  The subdivision approval has been appealed by abutters.  

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