Dan Bailey has more than 25 years of experience in environmental, land use, real estate, and municipal law. He prides himself on offering pragmatic solutions to complicated legal matters. While Dan’s “sweet spot” is the redevelopment of commercial property, he has a strong background in all aspects of environmental and regulatory law. Dan also handles all types of real estate transactions.  

Dan has helped facilitate development of a wide range of commercial real estate projects, ranging from mixed use (retail, office, and housing), multifamily housing, athletic facilities, marinas, and large residential subdivisions. He works regularly with development teams seeking state and local permits. Dan has participated in hundreds of public hearings before state agencies and municipal boards and commissions throughout Massachusetts.  

Dan also advises a wide variety of clients on federal and state environmental matters and defends administrative enforcement actions brought by the Environmental Protection Agency and the Massachusetts Department of Environmental Protection. Dan’s transactional practice includes acquisition, sale, financing, and leasing, frequently of contaminated or otherwise compromised properties.

He also has experience in all areas of municipal law related to real estate development and sale, including eminent domain, public/private infrastructure financing programs, municipal procurement, and town meeting proceedings. Dan was a geologist before going to law school, and this background has helped Dan become an expert in waterfront property law. He handles numerous complex real estate matters on Cape Cod, Martha’s Vineyard, and especially on Nantucket.

Prior to joining Pierce Atwood, Dan was a director at Rackemann Sawyer & Brewster, where he was co-chair of the Real Estate Department, Group Leader of the Environmental and Land Use Group, and a member of that firm’s Executive Committee. Before entering law school he worked for three years as a geologist with Sohio Petroleum Company in San Francisco.

Honors & Distinctions

Selected to The Best Lawyers in America® in the area of Real Estate Law (2015 - present)

Professional Activities

  • Boston Bar Association (Section on Environmental Law)
  • Real Estate Bar Association (Environmental Section)
  • National Association of Industrial and Office Properties (NAIOP)

Publications

  • Editor, Solving Waterfront Property Disputes, Massachusetts Continuing Legal Education, Inc., 2008, 2011, 2014 
  • 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, 2006, 2013

Civic Activities

  • Corporate Board Member, Hale Reservation, Westwood, MA, (2011- Present)
  • Member, Town of Westwood Conservation Commission, (1997-1998)
  • Member, Town of Westwood Economic Development Advisory Board, (2003-2005)

Practice Areas

Representative Experience

  • Entitlements for a 200+ unit apartment building located on former industrial property in Lynn, Mass. Permit requirements include wetlands, Chapter 91, MEPA, and local zoning.
  • Environmental site assessment and remediation of waterfront properties in Nantucket, Mass. The properties include former industrial uses that have been converted to retail, restaurant, residential, and marina uses, as well as ongoing heavy industrial uses.  
  • Site assessment, remediation and litigation strategy 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. 
  • Defense of enforcement matters for unlawful removal of asbestos from buildings.
  • Advice to responsible parties regarding the filing with the Massachusetts Land Court of institutional controls at federal Superfund sites.

Representative Experience

  • Special town counsel to the Town of Westwood, Mass. in connection with University Station, a 2.1 million square foot mixed-use retail, residential, office, and hotel project located at the I93-I95 interchange adjacent to an Amtrak Station. The redevelopment of University Station has involved virtually all aspects of land use law and many aspects of municipal law, including drafting zoning bylaws and regulations, MEPA review, roadway relocations and takings, and preparing and negotiating tax increment financing agreements and other development agreements.
  • Entitlements, joint venture agreements, construction agreements and sale of a 392-unit, ten-story apartment project in Cambridge, Mass. 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 reuse of on-site contaminated soils.
  • Numerous sales and acquisitions of properties subject to Activity and Use Limitations and other institutional controls applicable to contaminated property.

Representative Experience

  • Entitlements and several related real estate transfers for construction of a new police station in Westwood, Mass.
  • Construction financing and construction agreements for development of a $60 million 74-unit luxury condominium development in Boston’s Back Bay/Fenway neighborhood.
  • Construction financing and construction agreements for redevelopment of office and lab space in Charlestown, Mass.
  • Sale of a farm to a national multifamily housing developer. The farm was subject to agricultural restrictions and rollback taxes under M.G.L. Chapter 61A.
  • Representation of landlords on leasing of strip centers and other retail developments.