Ancillary Handbook

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							  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


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     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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             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


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     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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      •      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


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                                                                                      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
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                                                                                                                                                                                                                            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




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                                                                                                                                                                                                                Leominster, Massachusetts
                                                                                                                                                                                                                              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
                                                                                                  Ancillary Handbook
                                                                                                 Expedited Permitting
                                                                                           Leominster, Massachusetts
                                                                                                           207200RP001



      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)

      BEALS AND THOMAS, INC.                                                Permitting Flow Charts             4-3
                                                                                                 Ancillary Handbook
                                                                                                Expedited Permitting
                                                                                         Leominster, Massachusetts
                                                                                                          207200RP001



      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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