Robert L. Brennan, Jr.
Direct Dial: 617-542-4884
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Robert L. Brennan, Jr. is a founding partner of Brennan, Dain, Le
Ray, Wiest, Torpy & Garner, PC. His practice includes a wide range
of real estate development, regulatory compliance and environmental
issues with an emphasis on land use permitting and appeals, property
operations and site remediation. Rob has successfully represented
corporate, institutional and private clients before local, state and
federal permitting authorities; defended and prosecuted environmental
and land use claims in state and federal court; and has advised clients
in the acquisition, remediation and redevelopment of "brownfield"
sites. Before forming Brennan, Dain, Le Ray & Wiest in 2006, Mr.
Brennan practiced in the Real Estate Development and Environmental
practice areas of Goodwin Procter LLP. Mr. Brennan began his legal
career at the law firm of Palmer & Dodge (now Edwards Angell Palmer
& Dodge).
Recent Representative Matters:
Client: Chases Ocean Grove, Inc.
Summary: Serves as general counsel for closely held corporation owning 18 acres of ocean front property in Dennisport, Cape Cod, on which a 275-unit cottage colony has operated since 1930. Representation includes all aspects of leasing, zoning, Title V compliance, costal wetlands and litigation. (2009 - Present)
Client: National Marine Life Center – Buzzards Bay, MA
Summary: Represents Cape Cod non-profit organization in the finance, permitting
and construction of a science facility for the rescue, rehabilitation
and release of stranded marine mammals and sea turtles.
Client: New Seabury Properties, LLC – Mashpee, Massachusetts
Summary: Represents premier Cape Cod resort and
its parent company, Icahn Enterprises LP, in all aspects of residential,
recreational and commercial development including land use permitting,
neighborhood and condominium formation, state and federal regulatory compliance,
land use litigation, conveyancing and general counsel. Through 2007, BDLWT&G’s
efforts have assisted New Seabury in conveying more than $73 Million in
residential property.
Client: Amesbury, Newburyport and Salisbury, Massachusetts
Summary: Represents three municipalities in the coordinated MEPA/NEPA Review of anticipated environmental/transportation/economic impacts of the Massachusetts Department of Transportation?s Whittier Bridge-Interstate 95 improvement project. (2010)
Client: The Flatley Company – Charlestown, MA
Summary: Represented The Flatley Company in securing state legislation
and successful negotiations with the Executive Office of Environmental
and Energy Affairs and Massachusetts Department of Environmental Protection,
Wetlands and Waterways Division, in favorable amendment of Chapter 91
licenses for multiple waterfront properties. (2008)
Client: Wash Depot Holdings, Inc.
Summary: Represented national car wash company in successfully negotiating
environmental indemnity agreement in connection with the $10 Million
acquisition of five existing facilities in Florida. (2008)
Client: Private Waterfront Property – Newburyport, MA
Summary: Successfully represented Newburyport property owner in obtaining
zoning approval of “high profile” residential development.
(2008)
Client: Leggat McCall Properties – One First Street Condominium,
Cambridge, MA
Summary: Represent residential developer during phased build-out of
210-unit luxury development, including administration of developer-controlled
condominium association, enforcement of priority liens and premises
liability litigation. (2007 – current)
Client: The Flatley Company – Hingham, MA
Summary: Represented The Flatley Company in the sale of 3.73 acre industrial
property and negotiated retained easements to facilitate seller’s
development on adjacent land. (2007)
Client: Plum Island Grill – Newbury, MA
Summary: Obtained zoning relief and Conservation Commission approval
for expansion of restaurant within barrier beach portion of Plum Island.
(2007)
Client: Highland Real Estate Development – Hamilton Farm, Winchester,
MA
Summary: Represented residential developer in proposal to construct
sixty (60) luxury townhomes on farm land owned by the Town of Winchester.
(2007)
Client: Fortune 500 Company
Summary: Conducted internal investigation of alleged violations of state
and federal hazardous waste regulations. (2005)
Client: Cranberry Court, LLC – Wareham, MA
Summary: Secured Chapter 40B comprehensive permit for development of
48-unit condominium development. Rob also represented Cranberry Court
in securing “first in the Commonwealth” funding from the
Massachusetts Technology Collaborative for installation of building
integrated photovoltaic (“BIPV”) solar energy system for
this affordable housing project. (2004)
Publications/Presentations:
Mr. Brennan has written and lectured in the areas of land use permitting, environmental remediation and premises liability. His work includes:
- "Regulations, Land Use and Environmental Law" Seminar, Boston College Law School (Spring Semester 2002 - 2010)
- Navigating the CERCLA Contribution Landscape in the Aftermath of Cooper Industries, Inc. v. Aviall Services, Inc.," Environmental Law Advisory (January 2005)
- Assessing and Managing Lead Risks in Commercial Properties" presented at Prudential Real Estate Investments Environmental Conference, San Francisco, CA, June 2004, and published Environmental Law Advisory (July 2004)
- Negligent Security Law in the Commonwealth of Massachusetts in the Post-September 11 Era," (co-authored with Daniel P. Dain), 38 New England Law Review 73 (2003)
- Premises Liability Claims for Asbestos Exposure Increase as Plaintiffs' Lawyers Target Landlords and Tenants" Real Estate Finance Journal, West Publishing (2003)
- EPA Wins Another Challenge to Indirect Oversight Costs Imposed Under Superfund" Environmental Law Advisory (October 2003)
- The New Boston Smoking Ban: What Employers and Landlords Need to Know About the City's Workplace Smoking Regulations," Client Bulletin (May 2003)
- General Counsel's Perspective on Premises Liability Issues" key note, International Association of Professional Security Consultants, Annual Conference (April 2003)
- Urban Sprawl and Smart Growth" Environmental Law Advisory (September 2002)
- The Next Generation of Citizen Enforcement Suits" Environmental Law Advisory (May 2001)
Professional Activities and Honors:
- MA Licensed Real Estate Broker
- Board of Trustees, National Marine Life Center, Buzzards Bay, MA
- President/Captain, Team CHUCKLE, Pan-Mass Challenge
- Adjunct Law Instructor, Boston College Law School
- Lecturer, Massachusetts Continuing Legal Education
- Member, Land Use and Environmental Law sections of the Boston, Massachusetts, and American Bar Associations.
- Mr. Brennan previously served a member of the Town of Amesbury Zoning Board of Appeals (2004-2007) and as a Bar Advocate in the Boston Municipal Court.
- In 2011, Rob was named one of the top lawyers in New England in the Real Estate category by Super Lawyers, a joint publication of Boston Magazine and Law & Politics. The Super Lawyers comprise the top 5% of lawyers in the state.
Bar and Court Admissions:
Mr. Brennan is admitted to the bars of Massachusetts and the U.S. District Court for the District of Massachusetts.
Education:
J.D., Boston College Law School, 1996 (
magna cum laude)
B.A., Boston College, 1993 (
cum laude)
Boston College High School, 1989