Worcester Business Journal

wbjournal.com | January 23, 2023 | Worcester Business Journal 13 C O M M E R C I A L R E A L E S T A T E F O C U S Largest law firms in Central Mass. Ranked by number of attorneys in Central Mass. Local Local Top Firm attorneys offices executive Bowditch & Dewey LLP, John Shoro, Worcester 64 2 managing partner Mirick, O'Connell, DeMaille & Lougee LLP, David Surprenant, Worcester 63 3 managing partner Fletcher Tilton PC, Worcester 41 3 Kirk Carter, president Hassett & Donnelly PC, Worcester 19 1 David Hassett, managing partner Kenney & Sams, Southborough 16 1 Christopher Kenney, managing partner Source: Each firm via survey for the WBJ Research Department, as of June 2022 a local familiarity as he serves clients building in both Worcester and Marl- borough. Out-of-state developers oen run up against the fact each municipality has its own rules, as opposed to other states where there may be a stronger county government. Attorneys can help developers by making sure the developer understands which rules and regulations apply to the projects, which permits and approvals are required, and whether a project fits the current zoning ordinance, said Donahue. As Worcester evolves, properties once used for manufacturing or storage may be better suited for another use. Or in the case of the former courthouse at Lincoln Square, it was turned into mixed-income apartments. e Green- dale Mall was razed and turned into an Amazon distribution facility. Developers may need to seek excep- tions to zoning rules. ey may need to design a project to fit into an historical neighborhood, or ensure the project will not adversely affect the local environ- ment. For developers coming from Bos- ton or out of state, local attorneys can provide value because of their under- standing of their home turf, said Mark Borenstein, a partner at Bowditch. Wood Partners of Atlanta is building Alta on the Row at the former site of Our Lady of Mount Carmel Church in Worcester. Trammell Crow Residential of Dallas has gotten the go-ahead from the city to build Alexan Worcester, a 220-unit multi-family property on Oriol Drive in Worcester. Both have Boston offices but have used local attorneys, Smith and Borenstein respectively, to guide the projects through the approval process. "e manufacturing districts in Worcester are antiquated," said Boren- stein. "I help clients think creatively about how to make zoning work." Winning over regulators One issue residential project develop- ers run into in Worcester are the parking requirements saying each unit needs two spaces, Borenstein said. "e City of Worcester requires too much parking," he said. Because properties are being built close to amenities and transit, the residents might not need as many cars, or may not be able to afford two cars per unit, he said. Smith, Borenstein's colleague at Bowditch, had to convince the Worces- ter Planning Board a 105-unit apartment building at 102 Temple St. could work with 72 parking spaces. Smith stressed the project was transit-oriented, built close to Union Station and the Worcester Regional Transit Authority bus hub. e building is expected to have a bike room and management will offer a ride-share program. "As this neighborhood has gone through this renaissance and resurgence of development, the city has become much more metropolitan and walk- able," said Smith at the Planning Board meeting. e project was approved. e attorney can play a variety of roles, said Falk. Sometimes they are only employed to get the ball rolling in the planning stages, or they can quarterback the whole process. e attorney can be the public face of the project or work behind the scenes. Winning over the community Falk, Smith, Borenstein, and Donahue all stressed the importance of reaching out to the community, addressing con- cerns like noise and traffic. "e first thing to do is listen," said Donahue. "Is there merit to their objec- tions?" Winning over concerned neighbors is difficult, Donahue said, but listening and using reason helps. "Your house was vacant property once too," he said. Donahue once worked with a de- veloper on a project where there was a community concern about the height of a building. So he had a balloon raised to the height of the building so the concerned parties could see for themselves how the building would affect their view. e tactic was successful. Attorneys serve as a conduit between the city, the developer, community organizations, and community leaders, Borenstein said. ey helps developers become members of the communi- ty rather than taking an adversarial approach. As a lifelong Worcester resident, he places himself in the shoes of neighbors. "People's minds go to the worst-case scenario," he said. Holding meetings and inviting leaders like city councilors creates an opportu- nity for clients to understand and maybe adapt a project, said Borenstein. A proj- ect may receive less opposition because of this approach. In the past few years, Falk, Smith, Borenstein, and Donahue all said de- mand for their services has been strong. Looking forward, Borenstein antic- ipates boards will become more picky as development increases and there are fewer underused spaces. In residential properties, Smith sees things becoming more complicated for developers as the City of Worcester ad- dresses the housing crisis. An inclusion- ary zoning ordinance is likely to pass the City Council, adding a requirement for developers to provide affordable housing with each new project. Smith is unsure about how the land- scape for development will look in the next few years, citing macroeconomic factors like high construction costs and rising interest rates. Whatever the future brings, local attorneys will help to guide developers from near and far as they adapt to meet the area's evolving demands. Source: Individual attorneys Mark Borenstein Law firm: Bowditch & Dewey, in Worcester Major development projects: The Perennial on Grove, 3 Oriol Drive, WuXi Biologics (all in Worcester) Mark Donahue Law firm: Fletcher Tilton, in Worcester Major development projects: SoMa, Polar Park, The Reactory (all in Worcester) Brian Falk Law firm: Mirick O'Connell, in Worcester Major development projects: Apex Center (Marlborough), Green District (Marlborough), Greendale Amazon (Worcester) Joshua Lee Smith Law firm: Bowditch & Dewey, in Worcester Major development projects: Alta on the Row, 102 Temple St., Courthouse Lofts (all in Worcester) Featured in this article PHOTO | EDD COTE W

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