Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 2.00 - Expedited Permitting › Section 2.03 - Definitions

Current through Register 1525, July 5, 2024
All Persons Entitled to Notice of
				Hearing
: abutters, owners of land directly opposite on any public
				or private street or way, and abutters to the abutters within three hundred
				feet of the property line of the priority development site as they appear on
				the most recent applicable tax list, notwithstanding that the land of any such
				owner is located in another city or town, the planning board of the city or
				town, and the planning board of every abutting city or town. The assessors
				maintaining any applicable tax list shall certify to the issuing authority the
				names and addresses of persons entitled to notice of public hearing and such
				certification shall be conclusive for all purposes.
Appropriate Public Transit Services
:
				an area that is located within. 5 miles of any part of an existing Transit
				Station or Planned Transit Station, including, but not limited to, parking
				areas proximate to the existing Transit Station or Planned Transit Station,
				entrance gates, and ticket dispensers, and shall have a form of access to the
				existing Transit Station or Planned Transit Station, or will have access
				resulting from a proposed project on the priority development site.
Area of Existing Development
: an area
				within .5 miles of parcels with existing public or private infrastructure
				either currently in use or recently abandoned, which is served by
				transportation services that include roads, highways, or other forms of public
				transit.
Division
: the Division of
				Administrative Law Appeals.
Governing Body
: in a city having a
				Plan D or Plan E charter the city manager and the city council and in any other
				city the mayor and city council, and in towns the board of selectmen, or as
				otherwise provided by local chapter.
Interagency Permitting Board
: the
				board, as described in M.G.L. c. 23A, § 62 established to review and
				approve or deny municipal priority development site proposals and to grant and
				administer technical assistance grants.
Issuing Authority
: a local board,
				commission, department or other municipal entity that is responsible for
				issuing permits, granting approvals or otherwise involved in land use
				development including redevelopment of existing buildings and
				structures.
Parties to the Proceedings
: any
				person who provided testimony or submitted written comments on record during a
				Public Hearing for the project.
Permit
: a formal determination, order
				of conditions, license, certificate, authorization, registration, plan
				approval, zoning relief or other approval or determination with respect to the
				use, development or redevelopment of land, buildings, or structures required by
				any issuing authority including but not limited to those under statutory
				authorities contained in M.G.L. c. 40A, §§ 81A through 8IJ, M.G.L. c.
				41, §§ 81X through 8IGG, M.G.L. c. 131, §§ 40 and 40A,
				M.G.L. c. Ill, §§ 26 through 32, M.G.L. c. 40C, M.G.L. c. 148,
				§§ 13 and 14 and St. 1975, c. 772, or otherwise under state law or
				local by-law or ordinance, and all associated regulations, bylaws and rules,
				but not including building permits or approvals pursuant to M.G.L. c. 41,
				§§ 810 through 81 W. Permit shall not include the decision of an
				agency to dispose of property under its management or control; predevelopment
				reviews conducted by the municipality or a technical review team; or permits
				granted by the Massachusetts Water Resources Authority.
Permitting Ombudsman
: an individual
				appointed by the governor that will chair the interagency permitting board and
				direct that board to conduct state permit evaluation and streamline and
				expedite state agency permitting procedures. The ombudsman shall facilitate
				communication between municipalities and state agencies on permitting
				issues.
Priority Development Site
: PDS, a
				privately or publicly owned property that is:
(a) commercially or industrially zoned, or zoned for mixed use
				developments;
(b) eligible under applicable zoning provisions, including
				special permits or other discretionary permits, for development or
				redevelopment containing at least 50,000 square feet of gross floor area in new
				or existing buildings or structures; and
(c) designated as a priority development site by the board.
				Several parcels or projects may be included within a single priority
				development site. Wherever possible, priority development sites should be
				located adjacent to areas of existing development or in underutilized buildings
				or facilities, or close to appropriate public transit services.
Secretary
: the secretary of the
				executive office of economic development
Technical Review Team
: an informal
				working group consisting of representatives of the various issuing authorities
				designated by the head of their issuing authority to review requests submitted
				under
				400 CMR
				2.00. The technical review team shall not include
				members of the zoning board of appeals.
Under Utilized Building or Facility
: a
				commercial or industrial building or collection of buildings that are currently
				vacant or that has 50% of its floor area unused, or a site that has previously
				been cleared of industrial or commercial use, or a site that has been
				remediated and is vacant or used sporadically.