974 CMR, § 1.05 - Level Two Review

(1) Scoping Session. A preliminary meeting between the Applicant and the Director is strongly recommended. The purpose of the meeting is to determine the appropriate level of Permit, the components of the Permit, the timing of the Submission and permitting process, and a general scope of the project submittal items.

(2) Determination of Zoning Compliance. An Applicant may seek Determination from the DEC that the proposed uses and activities are permitted within the zoning district in which the development site is located and the proposed uses comply with the development goals applicable to that zoning district. Such determination is made by the Commission at a public meeting following submission of a statement of how the proposed use and development comply with Zoning district goals and objectives of the Bylaws and the Patterns (the Reuse Plan, section 4) for the zoning district in which the site is located.

(3) Pre-permitting and Final Conferences. For any Submission that will be subjected to Level Two review, the Applicant shall participate in as many Pre-permitting Conferences as necessary with the Director. The discussion topics shall include a determination of which development issues are critical, Submission and Plan Form and Contents requirements, Waivers of Design Standards and preliminary time schedules. Where similar information is required by any two or more capters of 974 CMR, such as 974 CMR 2.00 and 5.00 (one example being a large new campus-type office park with public roads) or 974 CMR 3.00 and 7.00 (new construction requiring site plan approval in the historic district), the Director will recommend elimination of duplication whenever possible. The Pre-permitting Conference shall be scheduled, at which time the Submission and any remaining issues shall be discussed by the Applicant and Director. Upon completion of the Final Pre-permitting Conference, the Director shall render a written DOC within 14 calendar days of the final Pre-permitting Conference ( 974 CMR 1.08) .

(4) Determination of Completeness (DOC).

(a) "Complete" means that a Submission complies with the Plan Form and Contents and Submission requirements of all applicable ections 974 CMR and includes the Statement of Consistency ( 974 CMR 1.03(4)(c) ) .

(b) The Director may determine that a Submission is complete, conditionally (or partially) complete, or incomplete. If the Director determines the Submission is incomplete, the Applicant shall be notified in writing of the deficiencies in the Submission.

(c) The Director shall forward to the DEC Submissions requiring Level Two review after a DOC has been issued. For Submissions determined conditionally complete, a schedule for the submission of deficient or additional items shall be attached to the DOC. The Director may forward an incomplete or conditionally complete Submission if the Applicant agrees in writing to submit the missing information by a date acceptable to the Director.

(d) If the Director does not issue a DOC within the required time limit, the Submission shall be deemed Complete. The date of the DOC is the date the time periods for review ( 974 CMR 1.08) are commenced.

(5) Town Comment Period. The DEC shall provide the Towns with copies of complete Level Two Submissions. The Towns shall have 30 days to render comments to the DEC on the Submission. The public hearing shall not be closed until the 30-day town comment period is concluded.

(6) Public Hearing Requirement and Abutter Notices. A public hearing shall be held for Level Two reviews. The DEC shall provide notice of public hearings to the general public and to abutters in the manner set forth in the By-laws. The Applicant shall submit a certified list of abutters prepared by the MassDevelopment Division of Engineering (Devens) including the names and addresses of all property owners within 300 feet of the boundaries of the development site for which a permit is sought. If these properties are located outside Devens, the names and addresses of the owners shall be as shown on the most recent tax records of the town.

(7) Public Hearing Continuances. The DEC may, with the consent of the Applicant, agree to one or more continuances of public hearings of up to 30 days each. Substantive changes made to a plan as a result of review comments and deficient items which the Applicant must provide as a condition of the DOC shall be sent by the Applicant to the Towns at least five days prior to the date of the public hearing. Failure to do so shall result in continuation of the public hearing.

(8) The Voting Process. The Applicant and the DEC may agree to anextension of the time periods set forth in 974 CMR 1.08 to provide sufficient time for the DEC to render its decision. Unless otherwise stated, all DEC votes are by a majority of a quorum (a quorum is seven DEC members). Seven votes are required for a Variance and Reconsideration. Eight votes are required to adopt or amend Regulations.

(9) Record of Decision (ROD) . The ROD shall be rendered within ten days from the date of the DEC's vote. The ROD shall be sent by Certified Mail to the town clerks of Harvard, Ayer and Shirley, and the Applicant. Receipt of the ROD by the last town clerk to certify its receipt shall be the commencement of the appeal period under St. 1993, c. 498, § 11. The Applicant shall record the ROD with the Registry of Deeds for both Worcester and Middlesex Counties and provide proof thereof to the DEC prior to the issuance of a building permit.

(10) Endorsement. After the appeal period has expired, the Applicant shall submit plans for endorsement. The signatures of seven members of the DEC on the first sheet of the Development Plans and that of the Chairman or his designee on the remaining sheets shall constitute Plan Endorsement. Plans shall be recorded with the Registry of Deeds for both Worcester and Middlesex Counties and proof of recordation submitted to the DEC prior to the issuance of a building permit.

(11) Public Health. When the DEC must conduct a public hearing as a local Board of Health (defined as a Level Two action), the hearing must be convened within 30 days of the date that the Director renders a DOC. In instances of Facility Site Permitting, the procedures set forth in M.G.L. c. 111, take precedence over 974 CMR.

Notes

974 CMR, § 1.05