Mr. Fitzgerald supports the firm’s Real Estate Transactional Services practice by providing clients advice on zoning and entitlement matters in support of project development and financing, and also provides counsel on securing development entitlements on projects throughout Massachusetts. In addition, Mr. Fitzgerald has worked on several significant real estate development projects within the City of Boston, providing strategic advice on zoning issues, project impact review, and the wide variety of entitlements, agreements and approvals generally required from various City departments. Mr. Fitzgerald also advises clients on the risks associated with transactions involving contaminated sites, the process and strategy for moving contaminated sites to regulatory closure, and how best to use technical experts in both administrative and judicial proceedings. Mr. Fitzgerald also represents clients in administrative proceedings before municipal boards and state agencies, and supports the firm’s litigation practice on matters involving land use, permit appeals, and environmental matters. Mr. Fitzgerald has been a member of the Zoning Board of Appeals in the Town of Walpole since 2017.
Representative Matters
- Represent master developer of ~1.8 million square-foot development in Brighton, including approval of master plan amendments, development plans, and Article 80 reviews;
- Assisted in the defense of a joint venture proposing an ~1 million development against various title claims grounded in land disposition agreements from the Boston Redevelopment Authority;
- Represent developers, investors and joint ventures in the acquisition, entitlement review and operation of commercial real estate, including life sciences, in the Boston, Cambridge and metro west areas;
- Represent pro bono client in obtaining entitlements for affordable housing projects in Boston and the metro west area, including approvals related to historic resources, zoning, and environmental review;
- On behalf of energy sector client, negotiated the settlement of an enforcement matter involving alleged violations of clean water laws, alleged violations of hazardous waste storage rules, and the assessment of natural resources damages.
Mr. Fitzgerald is a member of the Boston and American Bar Associations.
