Real Estate

Nutter represented Lincoln Property Company and Phoenix Property Company in a joint venture with an institutional capital partner in connection with the acquisition of development rights and the permitting and transactional aspects relating to this multi-party mixed-used development. 

New construction mixed-use development project totaling 499,500 square feet. The project includes a 12-story multi-family apartment building containing approximately 300,000 square feet and 304 first-class rental apartment residences, including 22 on-site affordable units and additional off-site contributions to Boston’s affordable housing stock. Resident amenities include a rooftop pool, Skydeck, gym and wellness studio. The apartment building also contains 22,816 square feet of space that can be used for retail, restaurant and/or office space. The adjacent Hotel Component, located a shared podium, was developed into a 12-story Hyatt Place hotel with 294 rooms. There is a one-level underground parking garage beneath the apartment building and garage that can accommodate up to 450 cars. The mixed-use development is situated on Massport’s “Parcel K” and was constructed pursuant to 3 separate 99-year ground leases entered with Massport.

We represent FRIT in the permitting of several new phases of the large, transit-oriented, mixed-use project called Assembly Row in Somerville, MA, including negotiation of a creative approach with the planning board to meet the city’s new inclusionary affordable housing requirements through a combination of on-site units and cash payments over time to a community-based nonprofit organization which purchases and preserves existing affordable housing in established neighborhoods near schools, shopping, and transit.

Nutter represented the full service real estate firm Related Beal on a range of complex issues involving Parcel 1B, a development project which includes the first large-scale 100 percent affordable and workforce housing development in downtown Boston in the past 25 years, as well as a 220-room hotel, ground floor retail space, and parking. Work included air rights leasing, title, acquisition, zoning, and environmental matters, as well as state and City of Boston entitlements, real estate tax stabilization, and hotel financing.

Nutter drafted new zoning for overlay district, defended the new zoning against judicial challenge, and secured approvals from the local planning board, conservation commission, county commission, water district, and environmental impact statement reviews for HSL’s 160-acre intergenerational campus in Dedham, MA with over one million square feet of space.

Nutter represented Delaware North, one of the largest privately-held global hospitality and food service companies in the world, when it expanded its portfolio of resorts into Massachusetts by acquiring the Sea Crest Beach Hotel on Cape Cod in July, 2016.

Nutter represented Congregation Mishkan Tefila (CMT) in two related transactions: (1) the sale of CMT’s land and buildings in Chestnut Hill to nearby Boston College, and (2) CMT’s relocation to the Brookline campus of Congregation Kehillath Israel (CKI), including the negotiation of a unique, complicated co-location agreement with CKI, addressing multiple real estate, operational, and programmatic issues.

Nutter represented one of the largest banks in the United States in warehouse facilities to a dozen of the largest Fannie Mae, Freddie Mac, and FHA licensed mortgage lenders and low-income housing tax credit syndicators, with total commitments in excess of $2 billion.

Nutter has represented National Development and its affiliates in connection with acquisition, disposition, permitting, financing, leasing and land use litigation matters relating to projects in Greater Boston and Eastern Massachusetts, including MarketStreet at Lynnfield, Bridges at Andover, Station Landing in Medford, Arbor Point at Woodland Station in Newton, Forge Park in Franklin, Fort Point Channel in Boston, MetroNorth Corporate Center in Woburn, Lake Williams Corporate Center in Marlborough, Blueview Corporate Center in Canton, Mansfield Corporate Center, New England Business Center in Andover, and various other office, research and development, shopping center, mixed-use and assisted living projects.

Nutter advised the owner and developer of a downtown Boston property in the financing of a new 12-story residential and commercial condominium project, known as The Boulevard, in the negotiation of senior mortgage financing as well as a preferred equity investment by a national investment management firm. The project is designed to contain 31 market-rate units, five artists’ units, a retail unit, and a garage, and includes elements of a historic Bulfinch building.

Nutter represented Delaware North in the sale of the Sea Crest Beach Hotel on Cape Cod in January, 2021.

Nutter represented its client, Tuscan Village, in connection with a $60 million construction loan for the development of South Village, part of the Tuscan Village project.

Nutter served as sole outside legal counsel to Centreville Bank in connection with its agreement to acquire Putnam Bank and its holding company, PB Bancorp, Inc., in a transaction valued at approximately $115.5 million.

Nutter served as legal advisor to DTM Packaging and Custom Automation, a leader in machinery manufacturing and re-manufacturing, in its acquisition by The Massman Companies, a Minnesota-based team of machinery and technology companies.

Represented Veracross LLC, a provider of software and services to independent primary and secondary schools, in its majority recapitalization by BV Investment Partners, a middle-market private equity firm focused on the business services, software, and IT services sectors.

Nutter represented Lallemand USA, Inc. in its acquisition of the Hutchinson, MN yeast manufacturing operations of Ohly. 

Represented Palisade Corporation, an Ithaca, New York-based provider of risk modeling and decision analysis software, in its recapitalization by Thompson Street Capital Partners (TSCP), a private equity firm based in St. Louis, MO.

Nutter represented Shawmut Corporation, a developer of high-performance composites, in its joint venture with the automotive headliner and specialty industrial fabrics business of Glen Raven Technical Fabrics LLC, a global provider of innovative technical fabric solutions.

Nutter represented Hometown Financial Group, Inc., the bank holding company of bankESB (Easthampton, MA) and bankHometown (Oxford, MA), in connection with its acquisition of Pilgrim Bank, a Massachusetts-chartered co-operative bank headquartered in Cohasset, MA, and its bank holding company, Pilgrim Bancshares, Inc. (OTCMKTS: PLRM).

Nutter represented PeoplesBancorp, MHC, a Massachusetts mutual holding company, and the bank holding company of PeoplesBank, a Massachusetts-chartered savings bank, both of Holyoke, Massachusetts, in connection with its acquisition of First Suffield Financial, Inc., a Connecticut corporation and the bank holding company of The First National Bank of Suffield, a national bank, both of Suffield, Connecticut. The total value of the transaction was approximately $60 million.

Nutter advised Brighton Marine on all aspects of the development of The Residences at Brighton Marine, a $46 million project that created 102 units of affordable housing in Boston with a preference for veterans. Nutter provided counsel on all aspects of the project, including the original strategic planning, the permitting, the formation of the joint venture with WinnCompanies, the ground lease to the joint venture, and the financing.

Nutter advised MNB Bancorp, the parent company of The Milford National Bank and Trust Company, a national bank, both of Milford, Massachusetts, in its acquisition by Independent Bank Corp. (NASDAQ Global Select Market: INDB). Independent is the parent company of Rockland Trust Company. The total value of the transaction was approximately $54 million.

We represent Wood Partners, a national multi-family housing developer, in the permitting and development of many multi-family residential developments consisting of over 1,700 units in the Boston area.

We represent developer/owner 1265 Main Street, LLC on the redevelopment of the former Polaroid Office/RD Campus into a 1,280,000 sq. ft. mixed-use office and retail center, immediately adjacent to Route 128 in Waltham, Massachusetts.

We represent Boston Properties (BP) in BP’s redevelopment of the existing Hancock Garage and the redevelopment and refurbishment of the adjacent Back Bay train station located in the Back Bay neighborhood of Boston, MA known as the Back Bay/South End Gateway Project. Both of these properties are owned by the Massachusetts Department of Transportation (MassDOT) and are the subject of a long term ground and air rights lease to BP. Currently, in addition to substantial upgrades to the Back Bay Station, the project is planned to be a mix of office, residential and retail. As planned, there will be one office tower, two residential towers, with retail and parking on lower floors. The feasibility of permitting and constructing the project in and over active rail, light rail and interstate highway in a historic and dense area of Boston adds an interesting level of complexity. In total, the project could have a combined 1.3 million square feet of office, retail and residential space constructed. Nutter's role in the project was zoning, permitting, air leasing, and ground leasing.

Nutter represented The Brigham and Women's Hospital, Inc. (BWH) in the completion of the zoning and land use permitting required to enable the redevelopment of a portion of the 2.61 acre former Massachusetts Mental Health Center (MMHC) site as a 383,250 square foot state-of-the-art research and clinical facility known as BWH's “Center for Transformative Medicine” (“CTM”), formerly known as the Brigham’s "Building for the Future".  Nutter assisted in the modification of the existing approvals for CTM for an additional story and increase in size of 24,580 square feet to be added mid-construction to assist BWH in responding to changing hospital needs. The construction of CTM has now been completed and is fully occupied.  Nutter continues to assist the client in ongoing permit modifications and permit compliance issues related to this and other properties within the Longwood Medical Area.

Nutter represented Corigin Real Estate Group, a NY-based real estate investment firm, in connection with a joint venture with Panoramic Interests and the financing of the development of a student housing project in Berkeley, CA.

Nutter represents Janco Development, the owner and developer of a 75 acre waterfront mill complex in Plymouth, MA. The master plan calls for the redevelopment of over 1.5 million square feet of mill buildings and new construction that will overlook Cape Cod Bay. The site will feature a marina with a deep water channel and a 400-foot solid filled pier, 675 residential units and 600,000 square feet of commercial space, in addition to a 300-slip marina. The site hosts the southernmost MBTA train on the South Shore offering rail to Boston and is one of the largest transit-oriented, mixed-use developments in the region. The site was the first and largest smart-growth district under MGL c 40R. Nutter's role in the project is smart growth zoning, permitting, acquisition, disposition, environmental, historic, and leasing.

Nutter's client, Grossman Development Group, along with its investment partner and lender, successfully completed the acquisition of the former Spags site along Route 9 in Shrewsbury, MA. The development team has commenced construction of a new mixed use project at the site, known as Lakeway Commons.

Nutter provides ongoing representation of Boston Scientific Corporation, as tenant, regarding all leasing matters on a national basis, including two separate long-term leases for approximately 350,000 square feet of research and development, warehouse, and office space in the Valencia Biomedical Park in Santa Clarita, CA.

Nutter represented Convention Data Services (CDS), a Cape Cod-based SaaS company that provides event solutions and support services to over 250 tradeshows worldwide, in the development of its corporate headquarters.

We represent of The First Church of Christ, Scientist in the disposition via both deed and ground lease of multiple properties in Back Bay, Boston, and advice regarding permitting aspects of significant improvements to the Plaza and other Church-retained property.

Nutter advised in the development of the multibuilding Oracle Corporation campus in Burlington, MA, including complex permitting and environmental issues.

Nutter assisted Lubert-Adler and Versa in their acquisition out of bankruptcy of the Malden Mills property in Lawrence, MA and Methuen, MA, including all permitting, and environmental analyses, and subsequent multiple dispositions of real estate assets, including complex title, permitting, and subdivision matters.

Nutter represented CIRCOR International, Inc. (NYSE: CIR), a leading provider of valves and other highly engineered products for markets including oil and gas, power generation, and aerospace and defense, in its acquisition of Critical Flow Solutions (CFS) for $210 million.

Nutter advised Bank of New Hampshire and its parent BNH Financial, a mutual holding company, in their acquisition of Community Guaranty Corporation and its wholly-owned subsidiary Community Guaranty Savings Bank, a New Hampshire guaranty savings bank. The combined entity has approximately $1.4 billion in assets and 23 branch offices throughout New Hampshire.

Represented banks, life insurance companies and special servicers in various troubled debt restructurings and foreclosures involving commercial real estate properties, including office buildings, industrial projects, hotels and senior housing projects throughout the United States.

Represented real estate investors and developers in the acquisition and financing of apartment projects, retail projects, office buildings, industrial properties and health care facilities in New England.

Represented a property owner in the creation and sale of an air rights parcel in Boston, Massachusetts.

Nutter negotiated a build-to-suit lease on behalf of a tenant for a new 200,000-square foot, build-to-suit office building and 800-space parking garage.

Nutter negotiated leases and provided other portfolio management legal advice on behalf of the landlord of office, industrial, and other commercial properties in an extensive New England portfolio.

On behalf of privately-held real estate advisory firms and their commingled real estate funds, Nutter negotiated purchase and sale agreements and leases for office, industrial, warehouse, residential, and retail properties throughout the United States.

Nutter negotiated purchase and sale agreements, construction contracts, leases, and other agreements in connection with a national corporate real estate portfolio.

Representation of owner-developer in the acquisition, financing and leasing of a five building office park comprising 356,000 square feet located in Lexington.

Representation of owner-developer in the acquisition, financing and leasing of a 65,000 square foot research and development facility located in Waltham.

Representation of owner in the acquisition and financing of its 55,000 square foot corporate headquarters office building located in Waltham.

Representation of owner-developer in the leasing and disposition of a research and development and light manufacturing complex comprising 600,000 square feet located in Beverly.

Representation of owner-developer in the acquisition and financing of a single tenant 80,000 square foot office building located in Chelmsford.

Representation of owner-developer in the acquisition, financing and leasing of a two building office and lab complex comprising 90,000 square feet located in Billerica.

Representation of owner-developer in the acquisition, financing and leasing of an office and lab complex comprising 200,000 square feet located in Watertown.

Representation of developer/owner in connection with the permitting and redevelopment of the former Mystic Mall. Nutter's representation included subdivision approvals, site plan and special permits, environmental compliance, and preparing and negotiating Memoranda of Agreement.

Representation of the developer/owner in connection with the acquisition, permitting and development of the former Polaroid Campus in Waltham to include (at full buildout) 1,280,000 square feet of office, commercial and retail uses. Nutter's work included assisting the client in obtaining the largest Phase I waiver, under MEPA.

Representation of a national housing developer in the acquisition and permitting of affordable housing projects in multiple municipalities, including Stoughton, Arlington, Hopkinton, Melrose and Watertown.

Representation of national housing developer in an affordable housing project in Belmont. Representation included permitting and litigation related to obtaining a comprehensive permit and Superseding Order of Conditions. Successfully defeating a claim that M.G.L. c.91 applied to the property and preparing a conservation restriction for unbuilt portions of the property.

Nutter represented a company in the sale of large multibuilding research and development facility contaminated by radiation and other hazardous materials. We advised the client on the remediation of contamination and compliance with all relevant and environmental laws. Nutter negotiated the purchase and sale agreement for facility, including liability release for remaining environmental conditions. We also advised the client on applicable laws relating to potential demolition of components of facility, including impact of historic landmark regulations.

Nutter negotiated the letter of intent, lease, architect's contract, construction contract, and other related consulting agreements for, and performed due diligence on, an approximately 265,000 square foot headquarters office facility. We also negotiated several lease amendments for expansion space and advised the client on rights of first offer and expansion options.

Nutter represented a developer in the acquisition, zoning, permitting, land use, environmental, subdivision, sale, and financing of a 400-acre industrial/office park development in southeastern Massachusetts, including the creation of individual land parcels, permitting of separate uses, leasing to end users, construction financing, and disposition of developed lots.

Nutter represented an institutional real estate owner on all aspects of large Boston and Cambridge, MA office, warehouse, manufacturing, and research and development facilities, including negotiation of leases, letters of intent, property management contracts, brokerage agreements, and construction and architect contracts. In addition, we provided advice to the client on zoning, permitting, and environmental matters.

Nutter represented a medical device manufacturer on a national basis on real estate leasing, acquisition, disposition, financing, permitting, and environmental and other land use related activities, including negotiation of letters of intent, purchase and sale agreements, leases, lease amendments, architects and construction contracts, brokerage agreements, and other consulting arrangements.

Nutter represented the owner on a three million-square foot enclosed mall leased to national anchor and national interior mall tenants. We represented the client on all facets of leasing and property management activities, including letters of intent, leases, lease amendments, subordination, non-disturbance and attornment agreements, architect's contracts, construction contracts and other consulting arrangements, and advice and representation of the client on zoning, permitting, and environmental matters.

Nutter advised Abveris (formally known as AbX Biologics, Inc.), a privately-held in vivo antibody discovery services company, in connection with its acquisition by Twist Bioscience Corporation (NASDAQ: TWST), a leading and rapidly growing synthetic biology and genomics company that has developed a disruptive DNA synthesis platform to industrialize the engineering of biology.

Nutter represented Bright Marine in its residential development at 1485 Commonwealth Avenue in Boston, MA. 102 residential rental units located on the Brighton Marine Health Center campus, steps from the MBTA Green Line, containing both affordable housing and workforce housing units, all with a preference for veterans. The project includes a below-grade parking garage containing 47 spaces, and 40 spaces are located at grade. Nutter's role in the project was permitting, joint venture formation, leasing and financing.

Nutter served as legal counsel to Eastern Bankshares, Inc. (Nasdaq Global Select Market: EBC), the stock holding company for Eastern Bank, in connection with its acquisition of Century Bancorp, Inc. (Nasdaq: CNBKA), the stock holding company for Century Bank and Trust Company, in a transaction valued at approximately $642 million.

Nutter served as legal counsel to Eastprint Incorporated, a printed electronics solutions provider, in connection with its acquisition by East West Manufacturing, LLC, an integrated design, engineering, manufacturing, and distribution services partner for original equipment manufacturers and distributors throughout North America and Europe.

Nutter represented Edgewood Retirement Community Inc., The Baldwin Senior Living, and Edgewood Senior Solutions Group Inc. in connection with the acquisition of a 15.1 acre property in Londonderry, NH, where it plans to build an all-new, one-of-a-kind senior living community called The Baldwin.

Nutter served as legal counsel to Griffith Properties, LLC and DRA Advisors in a joint venture in the acquisition, financing, and permitting for redevelopment of 580 Pleasant Street in Watertown, MA.

Nutter advised Hadron Healthcare Fund in MariMed, Inc.’s (OTCQX: MRMD) $46 million financing.

Nutter represented Mark Development in its approved mixed-use development at MBTA Riverside Station includes 10 buildings. Plans call for 582 residential units with 102 of those affordable units along with an 11-story, 527,000-sf office tower, plus a 150-room hotel to replace the Hotel Indigo. 65,000 sf of retail space and a "hidden" parking garage with 3,000 spaces. A public park and outdoor amphitheater are in the plans. Nutter's role involved smart growth zoning, permitting, ground leasing, joint venture formation and construction. 

Nutter served as legal counsel to OpenClinica, an industry-leading clinical research solutions provider based in Waltham, MA, in connection with a strategic investment with Thompson Street Capital Partners.

Nutter represented a regional bank in a $50 million multi-advance facility secured by real estate loans extended by the bank’s borrower to cannabis companies throughout the country.

Nutter represented a regional bank, as lender, in connection with a $10.3 million loan for the acquisition and construction of a cannabis cultivation and manufacturing facility located in Uxbridge, MA.

Nutter represented a regional bank, as lender, in connection with a $58.7 million loan to finance four properties for a premier seed-to-consumer vertically integrated multi-state operator in Massachusetts and Maryland.

Nutter represented a regional bank, as lender, in connection with financing totaling $43.9 million for the acquisition and operation of a licensed processor of medical and adult-use (recreational) marijuana with locations throughout Michigan.

Nutter represented a regional bank on a $10.9 million term loan to co-borrowers conducting retail and cultivation operations in the cannabis industry, a portion of which loan was used to refinance existing indebtedness used to assist the borrowers to acquire real estate located in Littleton, MA.

Nutter represented a regional bank, as lender, in connection with a $25 million loan to finance the acquisition of an 8,712 sq. ft lot with a 1,232 sq. ft building, and a 4.9-acre lot with a 3,800 sq. ft. building, for a medical cannabis business in Florida.

Affiliates of Related Beal purchased a 50% stake in two buildings at the Innovation and Design Center in a deal with Jamestown Properties. The value of the buildings, located in South Boston's emerging Seaport District, is $710,000,000. The 1.4 million square foot buildings are home to various influential companies including Autodesk, Continuum, Elkus Manfredi, MassChallenge, and Reebok. Nutter's role was acquisition and joint venture formation. 

Nutter served as legal counsel to Shepley Wood Products, the premier building supply company for Cape Cod, Nantucket, and Southeastern Massachusetts, in its acquisition by Kodiak Building Partners, a Denver-based building products distribution platform.

Nutter served as legal counsel to T.F. Boyle Transportation, Inc. in its acquisition by Toronto-based Andlauer Healthcare Group Inc. (TSX: AND).

Nutter assisted The First Church of Christ, Scientist on diverse real estate matters related to the disposition of non-core assets near its campus in the Back Bay section of Boston.

Nutter represents shorefront owners in litigation on Cape Cod.