Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 56.00 - Comprehensive Permit; Low Or Moderate Income Housing › Section 56.05 - Local Hearings

Current through Register 1525, July 5, 2024
(1)
Local
			 Rules
. The Board shall adopt rules, not inconsistent with M.G.L. c.
			 40B, §§ 20 through 23, for the conduct of its business and shall file a
			 copy of said rules with the city or town clerk. Such rules shall be consistent with
			 the purpose of M.G.L. c. 40B, §§ 20 through 23 to provide a streamlined
			 permitting process that overcomes regulatory barriers to the development of Low or
			 Moderate Income Housing. The Committee may in the course of an appeal properly
			 before it pursuant to
			 760
			 CMR 56.06(1)  determine that a
			 particular local rule is consistent or not consistent with M.G.L. c. 40B,
			 §§ 20 through 23, but no appeal shall be heard solely for the purpose of
			 determining the validity of a rule, unless the rule is the sole basis for the denial
			 or conditioning of a Comprehensive Permit. (For related requirements applying to
			 Boards,
see
M.G.L. c. 44, § 53G.)
Rules adopted by a Board shall be presumed consistent with M.G.L. c.
				40B, §§ 20 through 23 to the extent that they conform with 760 CMR 56.05.
				A Board may seek non-binding advice from the Department as to whether a proposed set
				of local rules is consistent with M.G.L. c. 40B, §§ 20 through 23 and 760
				CMR 56.05. If a Board does not adopt and file rules, it shall conduct business
				pursuant to 760 CMR 56.05.
(2)
Elements of Submission, Filing Fees
. The Applicant shall
			 submit to the Board an application and a complete description of the proposed
			 Project. Normally the items listed below will constitute a complete description.
			 Failure to submit a particular item shall not necessarily invalidate an application.
			 The Board shall not require submissions for a Comprehensive Permit that exceed those
			 required by the rules and procedures of Local Boards for review under their
			 respective jurisdictions.
(a) preliminary site
			 development plans showing the locations and outlines of proposed buildings; the
			 proposed locations, general dimensions and materials for streets, drives, parking
			 areas, walks and paved areas; and proposed landscaping improvements and open areas
			 within the site. An Applicant proposing to construct or rehabilitate four or fewer
			 units may submit a sketch of the matters in 760 CMR 56.05(2)(a) and (c) which need
			 not have an architect's signature. All Projects of five or more units must have site
			 development plans prepared by a registered architect or engineer;
(b) a report on existing site conditions and a
			 summary of conditions in the surrounding areas, showing the location and nature of
			 existing buildings, existing street elevations, traffic patterns and character of
			 open areas, if any, in the neighborhood. This submission may be combined with that
			 required in 760 CMR 56.05(2)(a);
(c)
			 preliminary, scaled, architectural drawings. For each building the drawings shall be
			 prepared by a registered architect, and shall include typical floor plans, typical
			 elevations, and sections, and shall identify construction type and exterior
			 finishes;
(d) a tabulation of proposed
			 buildings by type, size (number of bedrooms, floor area) and ground coverage, and a
			 summary showing the percentage of the tract to be occupied by buildings, by parking
			 and other paved vehicular areas, and by open areas;
(e) where a subdivision of land is involved, a
			 preliminary subdivision plan;
(f) a
			 preliminary utilities plan showing the proposed location and types of sewage,
			 drainage, and water facilities, including hydrants;
(g) the Project Eligibility letter, showing that
			 the Applicant fulfills the requirements of
			 760
			 CMR 56.04(1);
(h) a list of requested Waivers.
The Board may require the payment of a reasonable filing fee with
				the application, if consistent with subdivision, cluster zoning, and other fees
				reasonably assessed by the municipality for costs designed to defray the direct
				costs of processing applications, and taking into consideration the statutory goal
				of M.G.L. c. 40B, §§ 20 through 23 to encourage affordable housing
				development.