Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 8.00 - Major Capital Improvements Within The Mt. Greylock State Reservation › Section 8.03 - Procedure

Current through Register 1525, July 5, 2024
(1)
Submission of the Major
			 Capital Improvements Plan
. Within five months of the effective
			 date of
			 302 CMR 8.00, the Department
			 shall submit a Major Capital Improvements Plan for the reservation to the Board
			 for adoption at its next regularly scheduled meeting. The submission must be
			 made at least 30 days prior to the Board meeting. At least 21 days prior to the
			 meeting of the Board, notice of the submission of the plan and the time, date
			 and place of the Board meeting shall be given by legal advertisement in the
			 Berkshire Eagle, the Berkshire Courier, the North Adams Transcript and the
			 Environmental Monitor. Such notice shall also be mailed to the Mt. Greylock
			 Advisory Board and the Boards of Selectmen of Adams, Cheshire, Lanesborough,
			 New Ashford, and Williamstown and to the North Adams City Council.
(2)
Approval of the
			 Board
. At their next regularly scheduled meeting, after submission
			 of the Major Capital Improvements Plan by the Department, the Board shall vote
			 on adoption of the plan. The Board may adopt the plan in whole or in part by a
			 unanimous vote of all seven members of the Board. In the event of a vacancy on
			 the Board, an affirmative vote of all sitting members shall be sufficient to
			 adopt the plan. In the event that any member of the Board is prevented from
			 attending the meeting, he or she may submit a written vote at the meeting, but
			 in no event shall a vote be taken in the absence of either the Berkshire County
			 member of the Board or the member of the Board representing statewide
			 environmental groups as set forth in St. 1985, c. 676.
(3)
Effect: Modification of
			 Plan
. After approval by the Board, the Major Capital Improvements
			 Plan shall be in full force and effect for five years. Such plan may be
			 modified by unanimous vote of the Board after submission of a request for
			 modification by the Department.
(4)
Approval of a Specific Capital Improvement
. After
			 approval by the Board of the Major Capital Improvements Plan, the Board shall
			 retain the power to approve the conceptual plan of each specific major capital
			 improvement included in the Major Capital Improvements Plan as it is designed
			 by the Department or by an entity approved by the Department. The Department
			 shall submit the conceptual plan of each specific major capital improvement at
			 a regularly scheduled meeting of the Board after written notice has been mailed
			 to each member at least 20 days prior to the meeting. Such approval shall be
			 given by the unanimous vote of all seven members of the Board. In the event of
			 a vacancy on the Board, an affirmative vote of all sitting members shall be
			 sufficient to approve the conceptual plan. In the event that any member of the
			 Board is prevented from attending the meeting, he or she may submit a written
			 vote at the meeting, but in no event shall a vote be taken in the absence of
			 either the Berkshire County member or the member of the Board representing
			 statewide environmental groups as set forth in St. 1985, c. 676. The vote of
			 the Board shall be made by roll call and shall be duly recorded in the minutes
			 of the meeting.
(5)
Emergency Provision
. In the event of an emergency,
			 natural disaster or event that arises out of unexpected circumstances, the
			 Department or an entity approved by the Department, may undertake a necessary
			 specific major capital improvement prior to submitting a conceptual plan to the
			 Board. In such event, the Department shall advise the Board of its action as
			 soon as it is practicably possible to do so.