Ancillary Handbook
Document Sample


City of Leominster
Ancillary Handbook
Expedited Permitting
Prepared by Beals and Thomas, Inc. for the
City of Leominster Office of Planning and Development
25 West Street - Basement Level, Leominster, MA 01453 P: (978) 534-7525 / F: (978) 537-8112
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
Table of Contents
TABLE OF CONTENTS ............................................................................................................................................ I
1.0 INTRODUCTION..................................................................................................................................... 1-1
1.1 WHAT IS 43D?......................................................................................................................................... 1-1
1.2 PERMITTING THROUGH 43D.................................................................................................................... 1-1
1.2.1 43D Development Procedure............................................................................................................. 1-2
1.3 APPLICATION COMPLETENESS REVIEW ................................................................................................... 1-3
1.4 PERMITTING FLOW CHARTS .................................................................................................................... 1-3
1.5 PRIORITY DEVELOPMENT SITES .............................................................................................................. 1-3
1.6 PERMIT TRACKING .................................................................................................................................. 1-3
1.7 SUMMARY ............................................................................................................................................... 1-3
2.0 PDS APPLICATION FORM AND CHECKLISTS............................................................................... 2-1
3.0 CITY OF LEOMINSTER CONTACTS ................................................................................................. 3-1
3.1 ASSESSORS OFFICE.................................................................................................................................. 3-1
3.2 BUILDING DEPARTMENT ......................................................................................................................... 3-1
3.3 CITY CLERK ............................................................................................................................................ 3-2
3.4 CITY COUNCIL......................................................................................................................................... 3-2
3.5 CONSERVATION COMMISSION ................................................................................................................. 3-2
3.6 FIRE DEPARTMENT .................................................................................................................................. 3-4
3.7 HEALTH DEPARTMENT ............................................................................................................................ 3-4
3.8 OFFICE OF PLANNING AND DEVELOPMENT.............................................................................................. 3-4
3.9 PUBLIC WORKS ....................................................................................................................................... 3-6
4.0 PERMITTING FLOW CHARTS ............................................................................................................ 4-1
4.1 PROJECT REVIEW AND APPROVAL PROCESS............................................................................................ 4-1
4.2 SPECIAL PERMIT PROCESS ....................................................................................................................... 4-3
4.3 VARIANCE PROCESS ................................................................................................................................ 4-4
4.4 SITE PLAN APPROVAL PROCESS .............................................................................................................. 4-5
4.5 WETLAND PERMITTING ........................................................................................................................... 4-6
4.6 WATER/SEWER PERMITTING ................................................................................................................... 4-7
4.7 ROAD OPENING PERMITTING ................................................................................................................... 4-7
4.8 BOARD OF HEALTH PERMITTING ............................................................................................................. 4-8
4.9 PERMIT CLOSE-OUTS AND OCCUPANCY PERMITS ................................................................................... 4-8
4.10 EXPEDITED PERMITTING PROJECT SCHEDULE ......................................................................................... 4-9
5.0 APPENDIX ................................................................................................................................................ 5-1
5.1 SCHEDULE OF DIMENSIONAL REQUIREMENTS ......................................................................................... 5-1
5.2 LIST OF FEDERAL AND STATE PERMITS AND/OR APPROVALS .................................................................. 5-1
5.3 MAPS....................................................................................................................................................... 5-2
5.3.1 Zoning Map........................................................................................................................................ 5-2
BEALS AND THOMAS, INC. Table of Contents i
Section 1.0
Introduction
BEALS AND THOMAS, INC.
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
1.0 INTRODUCTION
This handbook is intended as a guide for Leominster’s Office of Planning and
Development for the City of Leominster’s expedited permitting process in Priority
Development Sites (PDS’s). A similar guidebook has been created for property owners
and developers to assist in streamlining the Expedited Permitting Process. Included
within this guidebook are procedural guides and reviews of each department applicable to
the permitting process. The City of Leominster is committed to increasing economic
development within the City. The expedited permitting process will assist in this process
by making it easier for companies to do business in Leominster with a guaranteed
permitting timeline and guidelines for developers on the application and licensing
processes.
1.1 What is 43D?
The City of Leominster passed M.G.L. Chapter 43D in April of 2007, which allows the
City to designate areas as Priority Development Site’s. Several parcels or projects may
be included within a single priority development site. A PDS is privately or publicly
owned property that is:
1. Commercially or industrially zoned,
2. Eligible under applicable zoning provisions, including special permits or other
discretionary permits, for the development or redevelopment of a building at least
50,000 square feet of gross floor area in new or existing buildings or structures, and
3. Designated as a priority development site by the state Interagency Permitting Board.
Expedited permitting will guarantee that a decision on a permit application is granted
within 90 days of the application being deemed complete. Expedited permitting will also
ensure that development is constructed in a manner that is:
• Consistent with low impact development techniques.
• Accounts for minimizing traffic impacts through appropriate mitigation.
• Maintains environmental quality.
• Improves community economics.
• Compatible with community character.
1.2 Permitting Through 43D
It is the project developer/property owner’s responsibility to ensure that the project meets
all local, state and federal requirements. A listing of the most common state and federal
permits required for a project can be found in Section 5.0 of this handbook. Permits not
subject to Expedited Permitting include building permits issued by the building inspector,
ANR plan approval and subdivisions under the subdivision control law.
Not only is the City of Leominster committed to issuing applicants permits on PDS
within 90 days of filing a complete application, but Leominster is also committed to
encouraging Low Impact Development techniques, Smart Growth techniques and Green
Design into new development. Therefore, applicants will be encouraged to provide a
BEALS AND THOMAS, INC. Introduction 1-1
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
minimum number of these techniques into the design and implementation of the
development. These techniques and requirements are described in more detail in a
separate document titled Best Practices for Small City Development.
1.2.1 43D Development Procedure
Procedures for designating a site as a PDS
1. Contact Economic Development Coordinator; Office of Planning and
Development.
2. Determine if site is zoned as Commercial or Industrial.
3. Determine if site is capable of supporting the development or redevelopment
of at least 50,000 sf of gross floor area (can include existing structures and
contiguous buildings.
4. Economic Development Coordinator goes before City Council to petition for
site to become designated at Priority Development Site.
5. Applicant completes PDS Listing sheet as a draft and submits to the Economic
Development Coordinator.
6. Economic Development Coordinator submits necessary paperwork to State
Interagency Permitting Board for approval.
Procedures for permitting a project that has been designated a PDS
1. Contact Economic Development Coordinator; Office of Planning and
Development.
2. Set up a meeting with Technical Review Board through the Economic
Development Coordinator (see requirements below).
3. Meet with Technical Review Board.
4. Determine local permits required for proposed project with Building
Inspector. Note: All PDS’s require a Special Permit from the Planning Board
5. Fill out PDS Application Form and other Permit Application Forms (See
requirements below).
6. Submit PDS Application Package with PDS Application Form and all other
applicable local forms with filing fee to “Economic Development
Coordinator”.
7. Application deemed complete within 20 days of receipt of PDS Application
Package. If deemed incomplete letter stating such is sent to developer within
20 days (see requirements below).
8. City hearings and reviews.
9. Decisions on permits.
10. Appeal periods.
11. Record applicable decisions (OOC/Special Permit).
12. Obtain Building Permit.
13. Provide CAD Format As-Built Plan to Economic Development Coordinator.
14. Obtain Occupancy Permit.
15. Obtain Wetlands Certificate of Compliance (if applicable).
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Expedited Permitting
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207200RP001
A permit is completed upon receipt of a Building Permit, submission of a CAD
Format As-Built Plan and Occupancy Permit.
See Section 2.0 PDS Permit Application and Checklists for:
• PDS Application Form.
• Documents that should be filed with the Office of Planning and
Development two (2) weeks before a Technical Review Board meeting.
• Documents that must be included in a PDS Application Package for
application to be considered complete.
• Procedure for determining PDS application completeness.
1.3 Application Completeness Review
The Economic Development Coordinator is responsible for determining if a PDS
application is adequate and complete before formal permitting begins. The Economic
Development Coordinator will have twenty (20) days from the date of the application to
inform an applicant in writing that their application has been deemed incomplete. If an
application is completed then the Economic Development Coordinator contacts the
applicant and the 90 day formal review period begins. A checklist is located in Section
2.0 for Application Completeness.
1.4 Permitting Flow Charts
Flow charts outlining the Expedited Permitting Process are located in Section 4.0 of this
handbook.
1.5 Priority Development Sites
Information on PDS’s within the City of Leominster are available on the City’s website
as well as in the Office of Planning and Development. This information includes map &
parcel, site address, availability of water and sewer and the contact person of the
company marketing the site. This listing is updated on an as needed basis and is
available at no charge on the City’s website as well as in the Office of Planning and
Development.
1.6 Permit Tracking
The City of Leominster has implemented MUNIS, an advanced-level automated permit
tracking system. Automated permit tracking systems have the ability to track the status
of permits and the review of applications and/or plans. Leominster has implemented the
system to track all permits moving through the permitting process as well as permits that
have received decisions. This system will also allow applicants to view information
regarding their property via the internet.
1.7 Summary
This handbook will act as a guide for the City to review and process PDS applications for
expedited permitting. To help guide the process, permitting steps and contact
information for Leominster officials and departments are included. In addition, flow
BEALS AND THOMAS, INC. Introduction 1-3
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
charts of each permitting process and dimensional requirements are listed within the
handbook. A list of additional federal and state approvals that may be required are listed
at the back of the handbook.
BEALS AND THOMAS, INC. Introduction 1-4
Section 2.0
PDS Application Form and Checklists
BEALS AND THOMAS, INC.
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
2.0 PDS APPLICATION FORM AND CHECKLISTS
Insert PDS Application Form
BEALS AND THOMAS, INC. PDS Application Form and Checklists 2-1
City of Leominster, Massachusetts __________________, 20__
Checklist for Designating a PDS
Office of Planning and Development
25 West Street
Leominster, Massachusetts 01453
(978)-534-7525
The following checklist identifies the steps necessary to designate land in Leominster as a
Priority Development Site (PDS). For Office Use Only:
Include date task was completed in blank. Initial after date
Applicant contacts Economic Development Coordinator, ____________.
Applicant and Economic Development Coordinator define if site is zoned as
Commercial or Industrial, ____________.
Applicant and Economic Development Coordinator define if site is capable of
supporting the development or redevelopment of at least 50,000 sf of gross floor area
(can include existing structures and contiguous buildings, ____________.
Economic Development Coordinator informs Mayor and Director of Planning and
Development that a site is an appropriate PDS.
Economic Development Coordinator goes before City Council to petition for site to
become designated at Priority Development Site, ____________.
Applicant completes PDS Listing sheet as a draft and submits to the Economic
Development Coordinator, ____________.
Economic Development Coordinator submits necessary paperwork to State
Interagency Permitting Board for approval, ____________.
Interagency Permitting Board approves PDS, ____________.
City of Leominster, Massachusetts __________________, 20__
Checklist for Submittal for
Technical Review Board Meeting
Office of Planning and Development
25 West Street
Leominster, Massachusetts 01453
(978)-534-7525
The following materials should be submitted to the Economic Development Coordinator two (2)
weeks prior to allow for review by necessary City Departments. The Economic Development
Coordinator should distribute materials to necessary City Departments no more than two days
after receipt from Applicant. For Office Use Only:
10 copies of concept plan showing existing and proposed conditions including but not limited
to buildings, driveways, parking, water, sewer, drainage, lighting, signage, etc.
10 copies of brief narrative including:
Project proponent contact information,
Project engineer and architect contact information (if applicable),
Existing conditions,
Proposed conditions,
Proposed use,
How the project will foster economic development within the city,
List of local and state permits that have been/will be sough to complete project.
Proposed techniques listed in Best Practices Guide.
LID/Smart Growth Techniques suitable for the proposed project should be discussed at this
meeting.
Initial after date
Date Information Received: ________________
Date Forwarded to Appropriate Departments: _______________
Date of Technical Review Board Meeting: _____________
Date Notification of Meeting Sent to Applicant: _______________
Notes from Technical Review Meeting (Permits required, LID/Smart Growth Techniques
proposed or recommended:
City of Leominster, Massachusetts __________________, 20__
Checklist for Submittal of PDS Application
Office of Planning and Development
25 West Street
Leominster, Massachusetts 01453
(978)-534-7525
The following information should be filed with the Economic Development Coordinator to
determine if a PDS application is complete and adequate for 90 day permitting. For Office Use
Only:
Cover Letter
PDS Application Form
Permit applications and required documents for all permits (Notice of Intent, Sewer
Connection, etc.).
Site Plans, stamped and signed by a licensed engineer.
Filing Fees associated with other permits
Filing Fee Worksheet
Initial after date:
Date Application Received: ________________
Date Application Forwarded to Appropriate Departments: _______________
Date Application Deemed Complete/Incomplete (20 days from Application Received date):
_____________
Date Notification Sent to Applicant (no more than 20 days from Date Application Deemed
Complete/Incomplete): _______________
*If application is deemed incomplete, notification must be sent to applicant within 20 days of
receipt of application, with an explanation of what is required for a complete application.
Section 3.0
City of Leominster Contacts
BEALS AND THOMAS, INC.
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
3.0 CITY OF LEOMINSTER CONTACTS
3.1 Assessors Office
City Hall-25 West Street, Leominster, MA 01453
Phone (978)-534-7531
Fax (978)-534-7508
Hours: Monday-Wednesday, and Friday 8:30AM-4:00PM
Thursday 8:30PM-5:30PM.
Board/Commission/Committee: Board of Assessors
Description of Board/Commission/Committee: The role of the Assessor’s Office is to
establish the fair market value for all property for tax purposes. The Assessor is required
by law to value property at market value and to assure that all values are equitable, fair
and uniform to all property owners.
Board of Assessors Meeting Schedule: Every Thursday during regular business hours
Board of Assessors Meeting Place: Assessors Office
The role of the Assessors is to issue certified abutters lists for permit applications
requiring applicants to notify abutters. Additionally, Assessors Maps and Property
Record Cards can be obtained from the Assessors Office. The Assessors Office also
administers the Tax Increment Financing (TIF) program.
Time Frame for Obtaining Certified List of Abutters: If an applicant requires a
certified abutters list from the Assessors Office, they shall request one by contacting the
Assessors Office for the appropriate application form. According to state law, the
Assessors Office has ten days to issue a certified list from the date of request.
3.2 Building Department
City Hall-25 West Street, Room 8, Leominster, MA 01453
Phone (978)-534-7517
Fax (978)-840-0039
Director of Inspections
Building Inspector
Plumbing Inspector
Hours: Monday-Wednesday, and Friday 8:30AM-4:00PM
Thursday 8:30PM-5:30PM.
The Building Department is responsible for issuing permits including, but not limited to:
• Building Permit
• Wiring
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Leominster, Massachusetts
207200RP001
• Plumbing
• Certificate of Occupancy
The only time a Building Permit is NOT required is for painting, wallpapering and
flooring.
3.3 City Clerk
City Hall-25 West Street, Room 5, Leominster, MA 01453
Phone (978)-534-7536
Fax (978)-534-7546
City Clerk
Hours: Monday-Wednesday, and Friday 8:30AM-4:00PM
Thursday 8:30PM-5:30PM.
The City Clerk is responsible for various licenses, including Business Certificates.
3.4 City Council
Care of City Clerk
City Hall-25 West Street, Room 5, Leominster, MA 01453
Phone (978)-534-7536
Fax (978)-534-7546
Hours: Monday-Wednesday, and Friday 8:30AM-4:00PM
Thursday 8:30PM-5:30PM.
City Council Meeting Schedule: Second and Fourth Monday of the Month
City Council Meeting Place: Council Chambers, City Hall, Basement Level
The City Council is responsible for designating Chapter 43D sites that have the benefit of
going through the Expedited Permitting Process. Additionally, the City Council may
amend, add or repeal sections of the Zoning Ordinance and Zoning Map. Adoption or
change of the Zoning Ordinance may be initiated by the submission to the City Council
of a proposed zoning ordinance or amendment.
3.5 Conservation Commission
City Hall-25 West Street, Leominster, MA 01453
Phone (978)-870-2959
Fax (978)-534-0668
Conservation Agent
Hours: Monday/Wednesday/Friday 8:30AM-12:30PM
Call to schedule an appointment
Conservation Commission Meeting Schedule: Second Tuesday of the Month
BEALS AND THOMAS, INC. City of Leominster Contacts 3-2
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Expedited Permitting
Leominster, Massachusetts
207200RP001
Conservation Commission Meeting Place: TA Conference Room, top floor-Room 10
in City Hall
The Mission of the Conservation Commission is to implement the mandates of the
Wetland Protection Act (MGL CH 131 s 40) in such a way as to protect the natural
resources of the City of Leominster and guide residents through the process of
compliance in a simple and constructive way.
What projects fall under the jurisdiction of the Conservation Commission?
Any activity that is located within 100 ft. of inland wetlands, within 200 ft. of a perennial
river and/or stream or is within an area subject to flooding (Zone A or Zone V) requires
an application for review and approval by the Commission. Since many wetlands are not
always obvious, you are encouraged to consult with the Conservation Agent, who will
help you determine whether your project falls within the Commission’s jurisdiction and
whether your project will require a filing. Additional assistance may be necessary from a
wetlands biologist to determine if your project is located in or within 100 feet of a
wetland.
What should I do if my project falls under the jurisdiction of the Conservation
Commission?
If your project does fall under the jurisdiction of the Conservation Commission you
should contact the Conservation Agent to discuss your project. Applicants should file a
Request for Determination of Applicability, seeking a determination of applicability of
the WPA on the proposed project from the Commission. The Commission will review
the application at a public hearing and will make a decision and notify you in writing
whether your project is not subject to the WPA, is subject to the WPA and is approved
with conditions, or is subject to the WPA and requires filing a Notice of Intent (NOI).
If your project involves the removal, filling, dredging, altering, building upon, or is
located in a Riverfront Area, within an area subject to flooding (Zone A or Zone V), or
within a wetlands/waterway or its associated 100-ft. buffer zone, you must file a Notice
of Intent with the Commission prior to beginning the work. A Notice of Intent notifies
the Commission and the Massachusetts Department of Environmental Protection (DEP)
of your intentions to perform work within an area subject to protection. The Commission
will review all Notices of Intent at a public hearing and will issue or deny an Order of
Conditions for the work requested within 21 days of the close of the hearing. The Order
outlines the conditions under which you may perform work in a protected area or an area
within the jurisdiction of the Commission. The applicant may need numerous
environmental permits depending on the project’s scope, size and location.
Per the WPA, the applicant is also required to notify abutters located within 100 feet of
the property. Abutter Notification is the responsibility of the applicant and is to take
place at the same time or prior to filing with LCC. Copies of abutter list and abutter
notification certified mail receipts are to be supplied to the LCC prior to or at the
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Opening of the Hearing. A notice of the hearing must be placed in the Sentinel &
Enterprise, and published at least five days prior to the hearing, at the applicant's expense.
The applicant shall contact the Conservation Commission in a timely fashion to request a
hearing time.
Instructions for filling out the forms, the forms, and filing fee information can be located
at http://mass.gov/dep/water/approvals/wwforms.htm and within the attached
documentation
3.6 Fire Department
19 Church Street, Leominster, MA 01453
Phone (978)-534-7541
Fire Chief
The Fire Department is open 24 hours a day, 7 days a week
The Fire Prevention Bureau is open Monday through Friday 7:00AM to 5:00PM
The Leominster Fire Prevention Bureau performs inspections, issues various permits,
performs fire investigations and oversees fire education. There are three officers working
in the Fire Prevention Bureau.
3.7 Health Department
25 West Street, Suite 11, Leominster, MA 01453
Phone: (978)-534-7533
Fax: (978)-534-8416
Health Department Director
Hours: Monday-Wednesday, and Friday 8:30AM-4:00PM
Thursday 8:30PM-5:30PM.
The Health Department is responsible for enforcing Massachusetts General Laws, State
Environmental and Sanitary Codes, City of Leominster Ordinances and Regulations. The
enforcement and inspection activities ensure a safe and healthy environment.
3.8 Office of Planning and Development
• Business Development
City Hall-25 West Street, Basement Level, Leominster, MA 01453
Phone (978)-534-7525
Fax (978)-534-8112
Small Business Coordinator
Hours: Monday-Wednesday, and Friday 8:30AM-4:00PM
Thursday 8:30PM-5:30PM.
The Business Development Department does not issue permits; however, if you are
interested in starting a business in Leominster or already have a business but are
looking to expand, you should speak with the Department. The Business
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Development Department works primarily with the small business community with a
focus on the downtown businesses. In addition, the office helps local business
owners obtain financing, assists new business owners with locating space for their
business, and promotes the local business community.
• Economic Development
City Hall-25 West Street, Leominster, MA 01453
Phone (978)-534-7525
Fax (978)-534-8112
Economic Development Coordinator
Hours: Monday-Wednesday, and Friday 8:30AM-4:00PM
Thursday 8:30PM-5:30PM.
The Economic Development Coordinator does not issue permits; however some
responsibilities include coordinating with large businesses with a focus on bringing
industry to Leominster and working with existing businesses to make sure they have
the necessary resources to obtain financing and grants or locate a new facility in the
city.
• Planning Department
City Hall-25 West Street, Leominster, MA 01453
Phone (978)-534-7525
Fax (978)-537-8112
Director of Planning
Hours: Monday-Wednesday, and Friday 8:30AM-4:00PM
Thursday 8:30PM-5:30PM.
Planning Board Meeting Schedule: First and Third Tuesday of the Month
Planning Board Meeting Place: TA Conference Room top floor-Room 10 in City
Hall
The Planning Department is the umbrella department in which Business
Development, Community Development Block Grants, Economic Development and
the Planning Board are under. The Planning Board is the Special Permit granting
authority for expedited permitting projects and issue Site Plan Approvals for projects.
• Technical Review Board
City Hall-25 West Street, Leominster, MA 01453
Phone (978)-534-7525
Fax (978)-537-8112
Business Development
Hours: Monday-Wednesday, and Friday 8:30AM-4:00PM
Thursday 8:30PM-5:30PM.
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Meeting Schedule: Technical Review Board meets monthly and during the work
day.
Meeting Place: TA Conference Room top floor-Room 10 in City Hall
The Board is made up of a representative from each City Department and serves two
purposes. The first purpose is to remain on top of projects in the pipeline in the City
and the other is to assist the applicant through the permitting/planning process.
3.9 Public Works
109 Graham Street, Leominster, MA, 01453
Phone - 978-534-7596
Fax - 978-534-7599
Director of Public Works
Assistant Director of Public Works
Hours Monday through Friday 8:00AM-3:00PM
The Public Works Department is responsible for maintaining the City’s water, sewer and
street system for the public safety and improvements of their quality of life. The Public
Works Department is responsible for issuing water and sewer connection permits as well
as street opening permits.
BEALS AND THOMAS, INC. City of Leominster Contacts 3-6
Section 4.0
Permitting Flow Charts
BEALS AND THOMAS, INC.
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
4.0 PERMITTING FLOW CHARTS
4.1 Project Review and Approval Process
Prepare Documents to Submit to Technical
Review Board
Project Proposal
Meet with Technical Review Board
Applicant Holds Individual Meetings with
Departments
Applicant and Building Inspector Determines
Necessary Permits
Does Project Require Subdivision Does Project Require Special Does Project Require Does Project Require Site Plan Does Project Require Variance Miscellaneous Permits
Permit Conservation Commission Review
NO YES NO YES NO YES NO YES NO YES Fire BOH DPW
Not Covered under 43D: See City Follow Special Permit Flow Chart Follow Conservation Commission Follow Site Plan Review Flow Follow Variance Flow Chart NO NO NO
Subdivision Regulations Flow Chart Chart
YES YES YES
Applicant Prepares and Submits Expedited Permitting Application
BEALS AND THOMAS, INC. Permitting Flow Charts 4-1
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207200RP001
Applicant Prepares and Submits Expedited Permitting Application
20 DAYS
City Departments Perform Completeness Review
20 DAYS
Application Deemed Incomplete Application Deemed Complete
WITHIN 20 DAY 2 DAYS
COMPLETENESS REVIEW
PERIOD
Applicant Collects Necessary City Contact Person Notifies Planning
Documentation to Complete Director, Applicant, and Departments
Application Notification to Applicant
Departments Commence Review/Hold
Meetings and Hearings
90 CALENDAR
DAYS
Depts/Boards/Commissions Issue
File Building Permit All Permits are Approved Decision on Permits All/Some Permits are Denied
Building Inspector Issues
Building Permit
Denied Issued Project Construction Concurrent Project Inspections Application for Certificate of
Occupancy (see flow chart)
Denied Issued
BEALS AND THOMAS, INC. Permitting Flow Charts 4-2
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4.2 Special Permit Process
Application is filed and determined Petitioner may reapply for
complete through Application special permit after 2 years
Planning Board requests Completeness Review unless receives consent to
comments from other repetition
departments
Planning Board posts, publishes, and sends
notice of public hearing
At least 14 days
Departments report to
Planning Board within Planning Board Public Hearing
5 days
Planning Board Second Public Hearing
Unfavorable Decision
Petitioner notifies Final action by Planning Board within 90
parties in interest of Failure to days of completed application *
failure to act act
Favorable Decision
deemed approved timely
and 20 day right to Within 2 Days
appeal Immediately
Planning Board files decision with City Clerk
Within 20 Days 20 days
Within 2 days
Notice of decision to
Appeal may be taken to court petitioner and to parties in
interest and persons
Petitioner notifies City requesting notice,
Clerk of failure to act and specifying 20-day right to
that notice sent to parties in appeal
interest
Special Permit is effective when petitioner
files with Registry of Deeds or Land Court
City Clerk certifies no appeal
City Clerk issues certificate
of no appeal or after 2 YEARS
favorable appeal, stating date
approved for failure to act Special Permit elapses if not exercised
and forwards to appellant
*Process is completed within 90 days of application completeness
unless applicant requests extension (approval or denial)
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4.3 Variance Process
Application is filed and determined
complete through Application Petitioner may re-apply for variance
Completeness Review
ZBA posts, publishes and sends notice
of public hearing
Petitioner notifies
parties in interest of At least 14 days
failure to act, deemed
approved and 20 day ZBA holds public hearing
right to appeal
Failure to ZBA holds second public hearing 2 years unless consent to repetition
act timely
Within 14 days Decision by ZBA within 90 days of
completed application *
Petitioner notifies City Clerk Within 2 days
of failure to act after 90 day
review period and that notice Unfavorable Decision
ZBA files decision with City Clerk
sent to parties in interest
Favorable Decision
Within 20 days
City Clerk issues certificate if Appeal may be taken to Superior Court
no appeal or after favorable
20 days
appeal, stating date approved
for failure to act and forward to
Variance is effective when petitioner
files with Registry of Deeds or Land
City Clerk certifies no appeal
Court
1 YEAR
Variance elapses if not exercised
*Process is completed within 90 days of application completeness
unless applicant requests extension (approval or denial)
BEALS AND THOMAS, INC. Permitting Flow Charts 4-4
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
4.4 Site Plan Approval Process
Application is filed and determined
complete through Application
Completeness Review
Planning Board posts, publishes and
sends notice of public hearing
14 days
Planning Board public hearing
Planning Board second public hearing
Decision by Planning Board within 90
days of completed application *
2 days
Planning Board files decision with City
Clerk
Within 20 days
Appeal Period
*Process is completed within 90 days of application completeness
unless applicant requests extension (approval or denial)
BEALS AND THOMAS, INC. Permitting Flow Charts 4-5
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
4.5 Wetland Permitting
Application is filed and determined
complete through Application
Completeness Review
Conservation Commission Applicant will notify abutters
may perform site visit before Within 21 days within 100’ of the property at
the hearing least 5 business days before
hearing
Conservation Commission holds public
hearing
Conservation Commission holds second
public hearing
Conservation Commission Decision
Within 21 days
Within 10 business days
Applicant, any abutter, or citizens group
has 10 business days to appeal decision
to MA DEP
*Process is completed within 90 days of application completeness
unless applicant requests extension (approval or denial)
BEALS AND THOMAS, INC. Permitting Flow Charts 4-6
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
4.6 Water/Sewer Permitting
Application is filed and determined
complete through Application
Completeness Review
Review of Application by DPW
Within 20 days
Issuance of Water Connection Permit*
4.7 Road Opening Permitting
Application is filed and determined
complete through Application
Completeness Review
Review of Application by DPW
Within 20 days
Issuance of Road Opening Permit*
*Process is completed within 90 days of application completeness
unless applicant requests extension (approval or denial)
BEALS AND THOMAS, INC. Permitting Flow Charts 4-7
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
4.8 Board of Health Permitting
Application is filed and determined
complete through Application
Completeness Review
Review of Application by Board of
Health
Within 45 days
Issuance of Road Opening Permit*
4.9 Permit Close-Outs and Occupancy Permits
Application is filed and determined
complete through Application
Completeness Review
Permits Issued and Construction
Completed
Submit Certificate of Occupancy
Application
Departments Review and Conduct
Assessments
Within 45 days
Certificate of Occupancy Issued
Licenses May Be Obtained
*Process is completed within 90 days of application completeness
unless applicant requests extension (approval or denial)
BEALS AND THOMAS, INC. Permitting Flow Charts 4-8
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
4.10 Expedited Permitting Project Schedule
INSERT PROJECT SCHEDULE
BEALS AND THOMAS, INC. Permitting Flow Charts 4-9
Section 5.0
Appendix
BEALS AND THOMAS, INC.
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
5.0 APPENDIX
5.1 Schedule of Dimensional Requirements
District Minimum Minimum Minimum Front Dimensions Number Minimum
Lot Area Lot Side (ft) Yard Rear (ft) of Lot
(sf) Width (ft) (ft) Stories Frontage
(ft)
Commercial -- -- 10 ft 25 -- 5 20
where
abuts
Residence
District
Industrial -- -- 25 ft 25 25 ft except 5 30
except 50 for building
ft where extending
abuts through
Residence block or to a
District railroad
siding, and
50 ft where
abuts
Residence
District
Section 22-27 Leominster Zoning Ordinance
5.2 List of Federal and State Permits and/or Approvals
The following list was adapted from other Massachusetts Development Guidebooks. The
list is by no means exhaustive, and if any question exists you are encouraged to seek legal
counsel. The majority of small development projects will not have need for any federal
or state permits or approvals, but as projects increase in size and complexity, the
applicant should be aware of the potential applicability of any one or more of the
following:
Federal Permits
National Environmental Policy Act, or NEPA
Clean Water Act, Section 404 Permit
Clean Water Act, Water Quality Certification Approval
Rivers and Harbors Act of 1899, Section 10 Permit
National Flood Insurance Act and Flood Disaster Protection Act Certification
Clean Air Act Permits or Approvals
National Historic Preservation Act Section 106 Review
BEALS AND THOMAS, INC. Appendix 5-1
Ancillary Handbook
Expedited Permitting
Leominster, Massachusetts
207200RP001
Environmental Protection Agency Stormwater Notices of Intent and/or NPDES Permits
State Permits
Massachusetts Environmental Policy Act, or MEPA
Massachusetts Clean Waters Act, Sewer Extension/Connection Permits
Massachusetts Clean Waters Act, Surface Water and/or Groundwater Discharge Permits
Waterways, Great Ponds and Tidelands Construction License
Massachusetts Clean Air Act Approval
Massachusetts Endangered Species Act
Hazardous Waste Management Permits
Massachusetts Historical Commission Approval
State Highway Access Permit
5.3 Maps
5.3.1 Zoning Map
Zoning Map
BEALS AND THOMAS, INC. Appendix 5-2
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