Joseph Hanley
Partner and director, McDermott, Quilty, Miller & Hanley (MQMH)
Age: 54
Industry experience: 25 years

For real estate developers pursuing projects in Boston, the road to approval often leads through Joseph Hanley’s State Street offices. Hanley is a familiar face at Boston Planning & Development Agency meetings describing clients’ projects and how they comply with the city’s notoriously complex zoning regulations. Before enrolling at Suffolk University Law School, Hanley worked in public relations at McDermott O’Neill Associates in Boston. After graduation, Hanley joined McDermott, Quilty & Miller LLP, one of Boston’s most active law firms specializing in real estate and land use. A partner since 2006, Hanley was added to the firm’s name in late 2023 as it rebranded itself as MQMH.

Q: What are the most significant changes in the Boston zoning code over the decades that you’ve been representing developers?
A: A lot of my life is in the Article 80 process for large projects, and now the city is looking at ways to streamline that. One of the big changes is the degree to which the City Council and the mayor are amending and updating zoning, which really didn’t happen that much in the past. They’d have a few studies here and there, but they wouldn’t necessarily adopt it into zoning. One of the big changes when Mayor Walsh came in was the ability to take risks and experiment. The Boston 2030 plan for housing was a big change. The Western Avenue Corridor Study and Rezoning came from that, the South Boston Dot Ave. plan came from that, and the JP-Rox plan has had mixed results. But we didn’t have that type of bold willingness to take a look at what they call growth zones in the past.

The biggest thing Mayor Wu would do from a zoning reforms standpoint is that “Squares + Streets” looks at areas that can support mid-rises, and the difference between a 5- and 6-story building is everything. If you can allow for a 70-foot height [by right], it costs you the same to build as a 5-story building pro rata. That would make a huge difference. But it takes political courage, because it is a neighborhood zoning code for the most part. To tell people: “We’re going to put some density and growth in your neighborhood,” doesn’t always get well-received.

Q: What are some of the obstacles from zoning and other regulations that have contributed to the decline in housing production?
A: We’re in a time where it’s just hard to build anything, and I think the mayor realizes that. She authorized the law [eliminating on-site parking for] affordable housing. Similarly they could say, “We’re going to look at requiring a certain amount of density rather than restricting it in these corridors.”

There’s 23,000 units that are approved but haven’t proceeded to building permits. A lot of these were deals cut in a different market. They promised to do 17 percent [income-restricted units] and now it doesn’t work. They’re going to have to be a little bit more creative, and a per-unit tax incentive for rental developments could be a way to do that. The development community has been under the impression there’s been more sticks than carrots. A tax credit is a great potential discussion rather than rent stabilization. And increasing the [inclusionary development policy] is important, but it’s just a tough time to do it.

Q: As an attorney representing developers, how do you approach the community outreach process leading up to filing a proposal with the BPDA?
A: The developments that work the best are the ones that are community-based and having discussions early on with the neighborhood. The city is getting away from neighborhood-based zoning, but the fact is that’s the nature of the city. South Boston has five or 10 sub-neighborhoods, and what they want in Andrew Square is very different than what they want in City Point. I know this sounds different to developers, but the community groups are a huge resource because they are telling you what their values are. If you can align your values with the community, then it makes for a much more predictable process. But it’s also more profitable.

Q: The administration hired land-use attorney Sara Bronin to analyze Boston’s zoning code and she concluded it was outdated and unusually complex. What are some examples?
A: It’s voluminous because it’s a neighborhood-based code. It’s been tweaked so many times in so many different ways, it’s hard even for the city to interpret it, which is the Inspectional Services Department’s role. For example, in South Boston there’s an amendment that says if you take a building down that existed before the amendment was adopted, then you need additional relief to build anything taller, even if you’re height-compliant. We’re not a planned community. We have all of these funky streets with odd-sized lots, and everything needs zoning relief. That’s the big challenge. Listen: I make a living out of going to the Board of Appeal for variances, but there’s also a way to do this as-of-right.

Q: What’s the biggest misconception about how development works in Boston?
A: Maybe it’s an older one, but the biggest misconception is that it’s a fait accompli. “Oh, it’s going to get approved.” The second piece is that developers are automatically going to make a lot of money. It’s a very tough business and 2007 and 2008 were even tougher, because money just wasn’t moving. When the party is going on, everyone is having fun. When the music stops, you look for your chair and if you don’t have it, you’re going to lose money in development. The process is certainly not rigged. Community participation is also important. In maybe 80 percent of the projects, we start with aligning with the community first. It doesn’t always work, but often times they make the project better.

Hanley’s Five Favorite Places to Ski:

1. Sugarbush Resort, Warren, Vermont – my home mountain!
2. Steamboat Spring, Colorado
3. Jackson Hole, Wyoming
4. Whistler, British Columbia
5. Alta, Utah