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John T. Smolak - North Andover, MA

21 High StreetSuite 301 North Andover, MA 01845

Virtual Appointments

Updated: 05/16/2023

North Andover Land Use Development, Zoning and Permitting Lawyer

Overview

John Smolak is Of Counsel to the Firm and member of the Real Estate Group and Environmental Group. His practice is concentrated in the areas of land use, environmental, and real estate development law...

John Smolak is Of Counsel to the Firm and member of the Real Estate Group and Environmental Group. His practice is concentrated in the areas of land use, environmental, and real estate development law. Mr. Smolak has represented developers in over forty cities and towns in Massachusetts in all aspects of real estate development, including the licensing and permitting for the siting and development of land use projects such as industrial facilities, hotels, office buildings and parks, gas stations, shopping centers, affordable and multifamily housing developments, residential complexes, and other mixed use developments. His practice includes obtaining approvals related to federal, state and local highway access, wetlands, air, water and sewer facilities, zoning, subdivision control, and other infrastructure permitting before local, state and federal permitting boards and agencies. Mr. Smolak also advises clients on environmental compliance with federal, state, and local laws governing hazardous materials generation, treatment, storage and disposal, air and water pollution control, underground storage tanks, occupational health and safety, toxic use and source reduction, and historic preservation.

Mr. Smolak represents clients in the negotiation of the purchase, redevelopment, sale, and cleanup of hazardous waste "brownfields" properties in conjunction with state and federal "brownfields" initiatives. He has extensive experience in administrative enforcement and penalty assessment actions and appeals, including defense of public and private sector clients before the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and state and local environmental agencies; and appeals of federal, state and local agency actions concerning permits, approvals and licenses. He has also represented corporations in environmental and land use aspects of corporate mergers and acquisitions.

Mr. Smolak also serves on a number of committees, task forces and legal education panels. Mr. Smolak was a past member of the Zoning and Wetlands Subcommittee on the Governor's Special Commission on Barriers to Housing Development, where he drafted the 2002 Minority Report. He serves as Chairman of the Environmental Committee for the Massachusetts Chapter of the National Association of Industrial and Office Properties (NAIOP). He was also the Co-Chairperson of a Boston Bar Association seminar entitled "Emerging Issues in Land Use," where he is also a member of its Environmental Law Section's Steering Committee. In addition, he has served on a number of Massachusetts Department of Environmental Protection task forces such as the Nutrient Loading Steering Committee, which involved a review of policies governing package wastewater treatment facilities. Mr. Smolak has served as Commissioner and Vice Chairman of the Merrimack Valley Regional Planning Commission, and has served on local land use, economic development and planning committees in the Town of North Andover, Massachusetts. He is also a member of the Massachusetts Home Builders Association and Northeast Builders Association. He was a member of the Massachusetts Executive Office of Transportation and Construction, Transportation Enhancements Steering Committee. Mr. Smolak is a member of the Board of Directors of the Special Olympics of Massachusetts, Inc.

John Smolak received a J.D. degree from Boston College Law School in 1990, an M.P.A Public Policy and Administration degree from Columbia University's School of International and Public Affairs in 1987, and a B.A., summa cum laude, from the University of Massachusetts at Amherst in 1985. Mr. Smolak is admitted to the Massachusetts bar and the U.S. District Court for the District of Massachusetts.

New Quotes

John Smolak was quoted in the article, "Cases Stack Up At The Housing Appeals Committee," in The Massachusetts Lawyers Weekly on March 8, 2004.

John Smolak was quoted in a housing study entitled, "Getting Home: Overcoming Barriers to Housing in Greater Boston," which was jointly commissioned by both the Pioneer Institute for Public Policy Research and the Harvard University JFK School's Rappaport Institute for Greater Boston.

For more information go to: http://www.ksg.harvard.edu/rappaport/research/getting home.htm

About John T. Smolak

Practice Areas

  • Land Use Development, Zoning and Permitting
  • Affordable & Multifamily Housing
  • Industrial Warehouse, E-commerce, Distribution & Logistics
  • Environmental Compliance and Enforcement

Current Employment Position(s)

  • Partner & Co-founder

Qualifications

Bar Admissions

  • Massachusetts, 1991
  • U.S. District Court District of Massachusetts
  • New Hampshire

Other Affiliations

  • Town of North Andover, Massachusetts, 1985 - 1986 (Member, Zoning By-Law Revision Committee)
  • Town of North Andover, Massachusetts, 1985 - 1987 (Member, Water Supply Watershed Preservation Study Committee)
  • Town of North Andover, Massachusetts (Member, Mazurenko Farmland Use Advisory Committee)
  • Town of North Andover, Massachusetts (Member, Economic Development Committee)
  • Town of North Andover, Massachusetts (Member, Permit Streamlining Committee)
  • Boston Bar Association (Member)
  • Massachusetts Bar Association (Member)
  • Merrimack Valley Regional Planning Commission (Commissioner)
  • Massachusetts Chapter of the National Association of Industrial and Office Properties (NAIOP) (Chairman of the Environmental Committee)
  • Massachusetts Home Builders Association (Member)
  • Northeast Builders Association (Member)
  • University of Massachusetts Building Authority, 2015 - Present (Member, Board of Directors)
  • Homebuilders & Remodelers Association of Massachusetts, 2015 - 2021 (Chair, Governmental Affairs Committee)
  • Governor’s Economic Development Planning Council, 2015 - Present (Member)
  • Boston Bar Association, Environmental Law Section (Member)

Education

  • Boston College Law School, Boston, Massachusetts
    J.D., Doctor of Jurisprudence
  • University of Massachusetts, Amherst, Massachusetts
    B.A., Bachelor of Arts
    Honors: summa cum laude
    Honors: Mortar Board National Senior Honor Society, Isogon Chapter
  • Columbia University School of International and Public Affairs, New York, New York
    M.P.A., Master of Public Administration

Classes and Seminars

  • After the Comprehensive Permit” What’s Up in a Down Market—Keeping Current with Chapter 40B, Panelist at Mass. Dept. of Housing and Community Development Seminar, 2008 - Present

Achievements

Honors

  • Best Lawyers, New England, Real Estate Law, 2022 - Present
  • Martindale Hubbell Peer Review Rated AV Preeminent, 2022 - Present
  • Massachusetts Super Lawyer, 2004 - Present
  • Legends of the Industry Award, Homebuilders and Remodelers Association of Massachusetts, 2020 - Present

Photo

Office Information

Address

21 High StreetSuite 301 North Andover, MA 01845

Publication

Articles

  • Protecting Water Resources from Hazardous Materials: A Handbook for Local Officials (Co-Author), Massachusetts Cooperative Extension Service, 1987
  • Economic Revitalization in Massachusetts: A Tale of Two Cities - Lowell and Lawrence, School of International and Public Affairs, Occasional Paper Series, Columbia University, 1987
  • Hazardous Waste, Toxics and Water Supply Contamination: A Handbook for Massachusetts Officials (Co-Author), Massachusetts Cooperative Extension Service, 1987
  • “An Evolving Approach to the Entitlement Process,” Banker & Tradesman by Steve Adams, 2022
  • “How to Make Distribution Centers Work for Everyone,” Opinion, Commonwealth Magazine, 2022

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21 High StreetSuite 301 North Andover, MA 01845

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