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					                                                             The Corr monwealth                 of Massachusetts
                            EXECUTIVE OFFICE OF HOUSING                                               ECONOMIC DEVELOPMENT
                                                             PERMIT REGULATORY OFFICE
                                                             ONE ASHBURTON                 PLACE         ROOM 2101

                                                                            BOSTON             MA 02108


     DEVAL L PATRICK                                                                                                   EP     f          TELEPHONE
         GOVERNOR
                                                                                                                                        617 788
                                                                                                                                            3610
    TIMOTHY P MURRAY
    LIEUTENANT GOVERNOR
                                                                                                                             2000            FACSIMILE
                                                                                                                                        617     3605
                                                                                                                                                788

     DANIEL O
            CONNELL
         SECRETARY
                                                                                                         PLANNING DIVISION
    GREGORY BIALECKI
    ASSISTANT SECRETARY                                                                                          October 17 2008
     GENERALCOUNSEL




             o
        Paul Materaz Director          o   NannM9
        n     o
              nc
        Ti of Per


        Andover IA 01810


                erazzi
        Derr Mr Ma


        Congratulations   The       Interagency Permitting      Board has
                                                           unanimously approved the Town ofAndover
                                                                                              s
        Priority   Development      Site and
                                  Chapter                43D Technical Assistance Grant
                                                                          Application in the amount of
        S 100 giant is ti joint award to be combined with the awards
          is
          00
          1
          11                                                               granted for the Towns of
        Tewlzsburv and Wilmington as stated in the
                                                   grant application

        inclosed    please Iirtd th grant contract package including Town grant application ebudget payment
                                                                     s                       ud
        schedul anc     special conditions nnruaicipal self
                                                       assessment checklist Chapter 43D
                                                                                           legislanon 100 CNIR
        00            tr
        2a copy ofthe hi                                     Board
                                       oncy     Permitting           voting   record and         two    sig nntory   forms   ea aaniplete
                                                                                                                             t
                   ents
        ail of the doeisn and          return   the contract               in its entirety
                                                               package                 by November               17 20108    io

                                      Pamela     McCarthy      Assistant   Project Manager
                                      Permit    Regulatory   Office
                                      cC   i   tie e Office of l housing       Economic
                                                                                                Development
                                      One Ashburton Place Room 2101
                                      i3oston MA 02108
       A Copy of the si tl
                     nif 8at
                     d      p1it                             bc reiLtaied    to   voil   for   yolk   records


       In accordance with 400 CM11 2
                                   00                      s
                                         upon the Town of Andover acceptance of this grunt the Town
       will be accepting the provisi ofMG Chapter 43D oaa the
                             mis L                                 approved Priority Development Site
                          s
       referred to in the Town application as the South Street site


             nature rind
       tyour si
       por                             return of this contract and attached          turns      an    electronic transfer of fiends in the
       amount of 100 will he
                 000
                 00                                   J
                                                    e ste of the   State
                                                q           Cocr funds will be rclcasnd until we have
                                                            roller
                                                            tio
                                                            p
       the signed contracts of Andover Tewksbury and Wilmington Please alert
                                                                                   your l own Treasurer that
       funds will be wireby the Commonwealth of Massachusetts for this
                      transferred
                                                                                    purpos Please note that
        liese funds are beinu ya conjunction with the task et hyo n of
                              ded
                              in                                              forth the
                                                             and
                                                             budgt
                                                             s
                                E

                                                                                                    Andover ir
       a Chapter 43D aoplicatioii Any derivation from the tasks and budet included lit the aDn ic
                                                                                               ation vvsii
                                                                                                     reouire
           6
       a u e iient ofthe lnter PermittinoBoard
                 vote          enc
                               D


       Regar
       l5                  f


         are          fisinair
               Perini 0wh
m
COMMONWEALTH OF MASSACHUSETTS                                                                                                STANDARD CONTRACT FORM

                                                                                                                             Executive Office for Administration and
               This    form to be used for New Contracts and Contract Amendments is jointly issued and published by the
                                                                      Renewals
                                                                                                                                                                                                                             rs
                                                                                    Services Division OSD for use by all Commonwealth Departments Any changes to
               Finance    ANF the Office of the Comptroller CTR and the Operational
               the official printed language of this form shall be void Additional non terms may be added by Attachment Contractors should only
                                                                                   conflicting
                                                         For Instructions and hyperlinks italics please view this form at www under Guidance For
                                                                                                                          mass
                                                                                                                          osc
                                                                                                                          gov
               complete sections marked with a
                Vendors        Forms   or at   mass under OSD Forms
                                               www
                                               osd
                                               gov

4Contractor                    b
                Legal Name and d
                               a                    Town of Andover                                          Department MMARS Alpha Code and Name SEA                         Executive Office of      Housing     Economic

                                                                                                             Development
4Legal Address from W 36 Bartlet Street Andover MA 01810
                    9
                                                                                                             Business                               One Ashburton     Place Room 2101 Boston MA 02108
                                                                                                                            Mailing Address
4Panent Remittance Address from W 36 Bartlet Street Andover MA 01810
                                9
                                                                                                             Billing Address if different
4Contract Manager Paul Materazzo Director of Planning
                                                                                                             Contract Mana         er    April   Anderson Lamoureux

4 EAddress
  Mail                                                                     8310
                                                                           623
                                                                    4Phone 978                               Mail
                                                                                                             EAddress               andersonRstate
                                                                                                                                    ma
                                                                                                                                    us
                                                                                                                                    a
                                                                                                                                    april                                               788
                                                                                                                                                                                  Phone 617
                                                                                                                                                                                        3610
                         pmaterazzo@andoverma
                         gov
4 Fax                                                               4 TTY                                    Fax   3605
                                                                                                                   617
                                                                                                                   788                                                            TTY
           623
           978
           8320

4State of     Incorporation if    a   corporation       A
                                                     or N                                                              s
                                                                                                             MMARS Doc ID

4 Vendor Code VC 6000191696                                                                                  RFRIProcurement            or Other    ID Number if applicable


                                                                                                             Account Funding
                                                                                                             s                           Contract
MMARS Obiect Code

                                 X         NEW CONTRACT                                                                                             RENEWAL
                                                                                                                                           CONTRACT AMENDMENT
COMPENSATION Check only one
                                                                                                             ENTER CURRENT CONTRACT START and END DATES                             prior to amendment
      X    Total Maximum Obligation of this Contract               000
                                                                   100
          Rate Contract Attach details of           s
                                                    rate   units and any                                       Current Start Date                            Current End Date
                                                                           calculations
                                                                                                             COMPENSATION                Check Either No Compensation Change Maximum Obligation                        or   Rate
The                  COMMONWEALTH TERMS AND CONDITIONS for this Contract
      following
has been executed and filed             with CTR Check only one                                              change         ATTACH Amended       Scope and Budget to support Amendment
                                                                                                                         NOCompensation Change Skip to OTHER section below and select change
 X    Commonwealth Terms And Conditions
                                                                                                                                   Budget Line Items No Maximum Obligation Change
                                                                                                                         Redistribute
      Commonwealth Terms And Conditions For Human And Social Services
                                                                                                                        Maximum Obligation Change
PROCUREMENT OR EXCEPTION TYPE                         Check one option only                                             a    Current Total Contract Maximum Obligation

      Single Department Procurement Department User Contract
                        Single                                                                                                    Total Contract Maximum Obligation including all prior amendments
                                                                                                                        b         Amendment Amount                  or
      Single Department Procurement Department User Contract
                        Multiple
                                                                                                                        c         NEW TOTAL          CONTRACT MAXIMUM OBLIGATION
                          Limited
      Multiple Department Procurement Department User Contract
      Statewide Contract        OSD or an OSD Department
                                          designated                                                                     Rate     Changes        to Rate Contract
 X    Grant as definedby 815 CMR 2 00
      Emergency Contract attach justification                                                                OTHER Check option explain under Brief Description below and attach documentation
      Contract Employee Complete Employment Status Form
                                                                                                             Amend Duration Only No Compensation or Performance Change
      Collective Purchaseattach OSD approval                                                                 Amend Scope of Services Only no budget impact
                                                                                                                              Performance
      Legislative Exemption attach authorizing language
      Legal                                                                                                  Interim Contract Temporary Extension to complete new Procurement
      Other Specify and attach documentation                                                                       Other                    Details and Attach
                                                                                                                              Describe                              documentation
ANTICIPATED START DATE                              08
                                                    9124      Enter the Date Contract                        ANTICIPATED START DATE                                                           Enter the    Date Amendment

Obligations may begin Review Certification for Effective Date Below prior to entry                           Obligations    may   begin Review Certification for Effective Date Below prior   to   entry
CONTRACT END DATE                       6130109                                                              NEW CONTRACT END DATE


PROMPT PAYMENT DISCOUNTS Contractor has                             agreed    to the following   Prompt Pay Discounts for the listed Payment Issue Dates See Prompt Payment Discount Policy
           Within 10    Days           Within 15    Days          Within 20   Days            Within 30   Days OR       Check off the       following   if

 X         Contractor either claims      hardship    or chooses   not to   provide PPD      or compensation    is not   subject    to   prompt pay discounts grants non
                                                                                                                                                                    commodity              or      service
                                                                                                                                                                                                   non compensation

BRIEF DESCRIPTION OF CONTRACT PERFORMANCE OR REASON FORAMENDMENT                                                     Section I I of Chapter
                                                                                                                   Reference to attachments is insufficient In accordance with
                        grant is being awarded to provide technical assistance
205 of the Acts of 2006 this                                                                                     forthe implementation of MGL c    43D for permitting

See Attachments Scope of Services
                A                     Budget B Schedule and special conditions C Legislation D 400 CMR 2 E Copy of IPB voting record and F
                                             Payment                                                   00
two Signatory Fonns


CERTIFICATIONS Notwithstanding verbal or other representations by the parties                        or anlisted above the Effective Date of this Contract or Amendment shall be
                                                                                                             earlier Start date

the latest date this Contract or Amendment has been executed                      by   an   authorized  Contractor the Department a later Contract or Amendment Start Date
                                                                                                          signatory of      the

specified above or the date of any required approvals By executing this Amendment the Contractor makes under the pains and penalties of perjury all certifications
                                                                               Contract
required under the attached Contractor Certifications and has provided all required documentation noted with a 4 or shall provide any required documentation upon request and the
Contractor agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein including the terms of the

applicable Commonwealth Terms and Conditions available at www   mass under Guidance For Vendors Forms or at www sit under OSD Forms the terms of the
                                                                osc
                                                                gov                                                           mass
                                                                                                                              gov
attached Instructions the Request for Response RFR solicitation if applicable or other authorization the Contractors response to the RFR or solicitation if applicable and any
additional negotiated performance or budget provisions The terms of this Contract shall survive its termination for the purpose of resolving any claim dispute or other Contract action

or for effectuating any negotiated representations and warranties THE PARTIES HEREBY ALSO CERTIFY THAT Check one option only

1             the Contractor has NOT incurred any obligations triggering a payment obligation for dates   to the Effective Date of this Contract or Amendment OR
2               any obligations incurred by the Contractor Ldg to the Effective Date of this Contract or Amendment for which a payment obligation has been triggered are intended to be
                       Amendment
          part of this Contractand shall be considered a final Settlement and Release of these obligations which are incorporated herein and upon payment of these
          obligations   the Contractor forever releases the Commonwealth from any further claims related to these                         obligations
AUTHOR d               SIGNATURE F             TH     ONT        TOR                                           AUTHORIZING SIGNATURE FOR THE DEPARTMENT

4x
                                                                                                             X                                                                  Date

                                                                                                                                  Signature and         Date Must Be Handwritten At Time of           Signature
                           nd Date Must Be
            Signatur
                                                     Hand At Time ofK
                                                     ttenC Z nSSignature
                                                      S
                                                                                                             Print Name                        Connell
                                                                                                                                        Daniel O
4 Print Name
                       AfteA S
                       W                                                                                     Print Title                Secretary
4Print       Title         O A
                                                        ATTACHMENT B


                 PAYMENT SCHEDULE AND SPECIAL CONDITIONS OF
                                                         Town of Andover



100
000         upon the execution ofthe contract             by all   the parties and the processing of this contract




Special   Conditions
    1     These funds will be       deposited by the       Town ofAndover and shall be used in accordance with the
          activities   specifically      outlined in the MGL       Chapter 43D technical         assistance grant     application
          submitted    by   the Town
    2     The results ofTasks 1 and 4                  to be made            to be used as a model for other communities
                                                 are                public
    3     All grant funds are to be used to achieve the                                  set forth in the
                                                        joint tasks                 as                      joint application
          determined by the Towns of Andover Wilmington and
                                                                                   Tewksbury
   4      Any requests for derivation from the budget and grant scope for                      which this grant is awarded will
          require an affirmative vote ofthe Interagency Pennitting Board
   5      The Town shall submit           a   minimum of two reports to the Executive Office The first report shall be
          submitted 120     days    after     municipal acceptance of Chapter 43D technical assistance funds and the
          second report shall be submitted one year after              municipal acceptance of Chapter 43D technical
          assistance funds All reports must be filed with              a completed copy of the enclosed document entitled

                       Assessment
          Municipal Self                         Checklist All reports shall include program and financial
                                                                                                           reports that
          detail the following

                  Status of the program and work performed                        house
                                                                                  instaff and
                                                                             by                      contractor including the
                                                                                                     s
                  approximate        total of hours spent     on    the program      during the period covered by such report
                  A detailed description of tasks that have been                  performed in conjunction with acceptance of
                  Chapter 43D using Chapter 43D technical assistance grant                        funds and other state grant funds

                  during such period
                  A detailed description of how the community has complied                           with the six   requirements    set

                                   07 Local Duties
                  forth in 400 CMR 2                                 Upon Municipal Acceptance
                  Verification of grant deliverables to             date
                  Certification ofthe total            amount of money       expended      to date in connection with the program

                  versus budget estimates
                  Timeline for anticipated completion ofeach task set                     forth in   Chapter 43D technical
                  assistance grant application versus original timeline                   estimates   provided in the grant
                  application
                  An    inventory of bylaw
                                     ordinance                 revisions that have been          accepted locally
                  A                      of development                        around the Priority
                       description                          activity on   or
                                                                                                                    s
                                                                                                        Development Site to          date


   The report shall be submitted to

                         April   AndersonLamoureux Permit Ombudsman
                         PernnitRegulatory Office
                         Executive Office of Housing Economic Development
                         One Ashburton Place Room 2101

                         Boston MA 02108

   6      The Executive Office of Housing                 Economic
                                                                 Development reserves the right to request additional
          information    relating   to   grant expenditures and the Town shall maintain this detail
                                                                                                                                  0
                                        INTERAGENCY PERMITTING BOARD
                                                          CHAPTER 43D APPLICATION


 PART 1 MUNICIPAL APPLICANT

    Municipality        Town of Andover                                                           Date      August 26 2008
 Name of Individual who                   prepared         this   application           Paul Materazzo


 Chapter      43D   requires   thata single person be              the
                                                      designated to    municipal point of contact on
                                                                                 serve as

 Priority Development          Sites The individual must be a   employee or an employee of a quasi
                                                    municipal
 municipal agency who will be charged with responding to inquiries the site providing and accepting
 permit applications communicating decisions to applicants etc It is recommended that the designated
 Point of Contact be      a    staff member and not            an   elected official


 Point of      Contact             designated by           the
                          as
                                                                 governing body
 Name        Paul Materazzo

 Title Director of Planning

 Address 36 Bartlet Street Andover MA 01810

 Telephone         623
                   978
                   8310                          Fax 978
                                                     8320
                                                     623

 Email
             gov
             pmaterazzo@andovenna

 Please check the box                                       to   the Technical Resource Providers that assisted you
                                       corresponding
with this program                         MVPC         NCOG

      Regional Planning Agency                                      MassDevelopment
      Mass Office of Business  Development                          Mass Alliance for Economic
                                                                                                     Development
     Permit    Regulator Office EOHED                               MVEDC        MassHighway


Chapter      43D   requires        majority      vote of the local
                               a
                                                                      governing body for each Priority Development Site
being submitted by the municipality                  Applications      must be accompanied by a true attest certified
                                                                                                                      copy   of
the municipal vote


Please      identify    the              that
                              body               approved         the submission of this       application
     City    Council                                                          Town     Meeting
1
F Town        Council                                                       F Other
                                                                            1

Ihereby certify         under the          pains and penalties            of perjury that the answers submitted in this

application and         the documentation submitted in support                           are   accurate and    complete
Name                                      Paul       terazzo                             Date August 26 2008

Signatur
Title                                             Director   o
                                                                       ding
Signature      of Clerk
                                                                                                   ate


                                                                  nierizal Use Only
                                   l


Received      by                                                                       Date

Municipal          Contact Information                      ertified Vote                   Land Owner Signatures
     Grant Application
      rant                                            v   Electronic   Copy   Received      IPB   Meeting   rt
                                                                                                            Q
                                                                                                                                                  UJ
PART II PRIORITY DEVELOPMENT SITE
                                                                      PDS
Submit        separate page for each                                       Site
          a
                                             Priority Development

Site Location           including street      address and map and          parcel numbers
1350 South Street                             08
                             Map 184 Parcel 1 35 acres and 1350 South Street Map 184 Parcel 2 5
                                                           R                                  89

acres



Please list any                         communities to PDS
                         abutting                                          Tewksbury     and   Wilmington



Have these communities been notified of your                              proposal                   Yes             No

Number of parcels in your                   proposed         site          2            Total      Acreage     of PDS 40
                                                                                                                      97           acres



Ownership                              private              Public


Is the site         eligible   under current           zoning for the construction                                         of at least
                                                                                              or
                                                                                                   redevelopment
000
50        sq feet of commercial                  or   industrial space       Yes                    No


Chapter   43D        requires   a   PDS to be zoned for commercial industrial                 use
                                                                                              mixed                            If PDS
                                                                                         or
                                                                                                             development
represents      acombination of zoning please explain Please check all ofthe following boxes that
                                                                                                  apply to
the   PDS     including the means by which a proponent may permit on this site i
                                                                               e special permit

PDS     Zoning         Industrial A


          By
          right                        Special    Permit             Site Plan Review

          Commercial                    Industrial                   Mixed Use


To    answer    the   next   three   questions please review definitions set          forth in 400 CMR 2
                                                                                                       00
1     Is the site located            adjacent to areas of existing                                    Yes                 No
      development
2     Does the site include underutilized                      buildings    or   facilities
                                                                                                      Yes                 No
3     Is the site located close to               appropriate         transit
      services                                                                                     Yes                    No



Total Potential Build
                Outof PDS                                                                                    feet
                                                                                      000
                                                                                      750 square



Existing      Infrastructure                                              Water         Sewer            Utilities         Access Roads


Has the     Municipality applied                 for   or   received other state      grants for this site                       Yes         No


If yes   please identify             the
                                           s
                                           program
Is there                                    before the        town for    this site
            a
                project proposal                                                               Yes          No


If yes   briefly       describe the        project      below




                                                                                                                                         2
Narrative for PDS              Application

In the             of 2008 Town            Meeting voters         in the communities of Andover Tewksbury and                        Wilmington
          Spring
                                                                                    Sites                        With technical assistance
voted    to   designate     three    separate Priority Development                          map attached
                                                                                     the three communities wish to advance the
offered       by the   Massachusetts Permit       Regulatory Office
                                                Mixed Land Vision for the Lowell Junction                                                Area
planning that          would allow for      a   Use                                                                  Development
vision attached

The Junction Development Area is located in
    93
    1                                                              portions of Andover Tewksbury and Wilmington It
                                     ofthe     highest concentrations of employment and economic activity in the
presently       represents     one

Merrimack        Valley              region of Massachusetts Among the larger and more notable
                             and the northeast

employers located in the area are Wyeth Biotech Procter and Gamble formerly Gillette Market Basket
and Charles River Labs These companies and hundreds ofothers currently employ more than 6  300
                                                                       1
                                                                       93
       in a wide variety ofindustries crucial to the state economy The Junction Development
                                                     s
people
area strategic location north ofthe research and
s                                                               development centers of Boston Cambridge and Route
128 and       immediately       south of the     longstanding technology manufacturing centers of the Merrimack
                   it at the            ofthe    Commonwealth of Massachusetts efforts to retain and develop vital
Valley place                    nexus

                   in   communications technology instrumentation                            and life sciences
employment

This                                            is served    by   an   extensive system of existing roadways utilities and other
         regional development           area

astructure built
infi                         over   the past 50 years Therefore there is great potential to utilize this existing
infrastructure with          new    access to Route 93 to support even more growth in employment through

                        of existing business                  fill
                                                              in         development opportunities             and   development      on   large
redevelopment                                      parks
         of vacant                          land    Since    most      of this vacant land is zoned for industrial and commercial
tracts
                         undeveloped
                               fill
uses it is estimated that this in                  development           could support between 4 and 11 new
                                                                                               489   575                                 jobs   when

developed

Historically the infrastructure investments and related land                               use   decisions in the three      towns   have been

uncoordinated As               some   of the    more     isolated
                                                             developed
                                                                    parcels        became
                                                                               community they were not    in   one


                                                     adjacent community
                  well connected to the infrastructure in                   The parcel developed by
                                                                              an
particularly
Wyeth Biotech in Andover is an example On paper one would expect employees from Wyeth and other
employers at the northern end of the development area to enter and exit onto 1at its interchange with
                                                                             93
Route 125 The actual experience is that commuters seek alternate routes through thickly settled

                                               93 at
residential neighborhoods in Andover to access Ithe Dascomb Road Interchange to the north As a
result Wyeth Biotech as it has sought to expand its campus has experienced significant community

opposition whenever an expansion has required new permits Similar opposition is anticipated with
ftrture attempts to         expand    or   develop     land in the Lowell Junction                area




In 2006 the communities of Andover                       Wilmington and Tewksbury formed the Tri Town Development
Task Force in          an   attempt to develop       a   Unified Development Vision to guide the development ofthe
estimated 700          acres   ofavailable land in the            area   in   a   highly   coordinated   manner      consistent with the

sSustainable
State                  Development Principles Cooperative regional planning                                    is not   a   task taken   lightly by
the three      communities represented by three regional planning authorities MVPC                                      NMCOG and          MAPC
and three separate MPO The task force retained the services ofThe Cecil
                   s                                                                                            Group to      assist the three
communities in developing four alternative visions for the Junction Area


As   a               public planning process a consensus mixed vision
         result of this                                   use                                             has evolved          The vision would
allow for    expansion of the broad science and technology based industrial                               district around sustainable

mixed     use business villages offering a compact setting for office retail                              and related business amenities


The Unified Development Vision is presently being refined by the task force with the three towns
committed to reaching an agreement on a mutually supported master plan that would respect each

community Priorities as outlined in the vision
s
                                                                                                             ii


    Town
The Tri Unified          Development Vision seeks to enable area businesses residents the towns and    the
region to obtain significant new job and tax benefits while mitigating existing neighborhood traffic
congestion limiting the impact of new vehicular trips and improving environmental conditions




                                                  2
PDS SuDDlemental Narrative


In the   Spring             Meeting voters in the communities of Andover Tewksbury and Wilmington
                  of 2008 Town
voted   designate three separate Priority Development Sites PDS With technical assistance offered by
         to

the Massachusetts Permit Regulatory Office the three communities wish to advance the
                                                                                     planning that
would allow for         Use
                        Mixed Land Vision for the Lowell Junction
                    a
                                                                               Development      Area


Presently zoned for industrial use the 40     acre   PDS is   strategically   located within the heart ofthe Mixed
Use Land Vision                        Town
                        The goal ofthe Tri Task Force would be                to   utilize technical assistance offered
     the Massachusetts Permit                 Office assist with local government
by                               Regulatory            to
                                                                                  reorganization of by
laws and consulting
regulations                           services that will aid in developing of the blueprint for

development within the designated PDS and adjacent areas Following completion of a
regulating plan and form based code for the development area the three communities will seek
to expand the Priority Development Site designation to the entire 700 acres that are
                                                                                     currently
being examined as part ofthe Mixed Use Land Vision
Preparation     to   Meet    day
                             180 Permitting              Commitment


The Towns of Andover            Tewksbury      and                have
                                                     Wilmington          engaged   in   preliminary planning
activities for the Lowell Junction                             Town
                                         Representation on the Tri Task Force is comprised
                                            area

ofthe Town Manager Chairman of the Board of Selectmen Chairman ofthe
                                                                              Planning Board
or designee and the Plamling Director of each community Task Force members are familiar
with the sites designated as 43D Priority Development Sites in their individual
                                                                                community as
well as in neighboring communities Andover and Wilmington have
                                                                      engaged in planning
sessions for over 25 years concerning improved access to Rte 93 for owners of property in the
Lowell Junction              with          discussions
                      area          most
                                                        leading to the need for more direct access to Rte 93
to   alleviate increased traffic     impacts   in   Wilmington Tewksbury has engaged in a lengthy
planning    process   producing      overlay district for inaccessible land on the west side of Rte 93
                                     an

which would allow the        development of a regional retail center Existing zoning in Andover and
Wilmington     allows    industrial and some retail uses The underlying zoning in Tewksbury is
residential


While all three communities contend normal     permitting does not currently exceed timeframes
required under 43D the complexities of these sites spanning town borders as well as inter
municipal authorities will require a process that allows tri overview for compliance with
                                                            town
an area master
                plan and zoning as well as addressing the local review process Concurrent
filings and joint public hearings are among the procedures to be explored The communities will
immediately review and revise if necessary the process for utility intermunicipal agreements as
an intermediate framework
                             prior to the completion of the scope ofwork identified in this
application

Each  community has either a formal or informal review of development projects prior to the first
Plamling Board public hearing One potential model could utilize the Tri Task Force
                                                                        Town
which has no statutory authority to participate in the actual review process as the
                                                                                    reviewing
authority for completeness ofthe application presented and compatibility with the Tri Town
Unified Vision and the overlay district master plan Each ofthe Planning Directors would
convene its technical review team for input on
                                                   application completeness additional
information
studies necessary and any desired consultant or technical assistance needed in the
conduct of the review process When deemed complete the project would then be submitted

concurrently   in the communities  responsible for the actual project review For more equitable
distribution of work load each   project could be assigned a lead community with that
Expedited Permitting contact person responsible for communication with the other two
communities and for drafting project decisions Planning Board members on the Task Force as
well as the
            Planning Directors would be responsible for informing the Task Force of the review
progress   This model would allow for preliminary input from the Task Force outside ofthe 180

day permitting process Some projects may require intercommunity discussion between
members of each community professional staff concerning site
                  s                                                 development To the extent
possible  these meetings could be held jointly rotating between communities As the overlay
district would afford consistent zoning requirements and rules and regulations across community
borders the potential exists for the issuance of a combined decision
                                                                                R
                                         rte             J



                                                                                                                  a
                                                                            P




                                                 Concise List of Tasks
                                                             and
                                                    Detailed        Budget
                                                              for
                                     Reduced Funding Opportunity


                                        COMMUNITY TASK FORCE
                                        TRI
                                        PRIORITY DEVELOPMENT SITES

                                                  Proposed Scope      of Work


y
a
                                                             08
                                                             23
                                                   8 Revised 9
                                                   08
                                                   18
                                                                                                            Cost Estimate
    1   Expedited Permitting Regional Planning Agencies
         a An
               expedited permitting process as required by the Chapter 43D
                                                                                                   be
           regulations will be developed for the Lowell Junction area and will
            uniform     across   town boundaries The         goal   will be to have the     same


            permitting procedures   place in         for all three communities
                                                                     including                              000
                                                                                                            25
            timelines and processregardless of whether the specific project is in
            Andover Tewksbury or Wilmington The permitting rules and
            regulations now being practiced in the three communities will be
            examined and all unnecessary lengthy duplicative and cumbersome
            elements in the process will be identified

        b New    permitting guidelines will be developed to insure the permitting
            process is completed within the time lines mandated by Chapter 43D
        c   In addition
                         permit tracking hardware and software upgrades in the three
            communities will be identified and recommendations made to insure
            that all three towns     can
                                              permit projects uniformly

    2   Infrastructure       Analysis         Regional Planning Agencies
        a   An assessment of the current water and            sewer   service   to the Lowell

            Junction    area   will be made to determine its        capacity to accommodate the
            new    growth depicted             town Cecil
                                        in the trivision                 Group development
            plan
        b   Discussions will be held with the                  s
                                                        public work directors in the three                  20
                                                                                                            000
            communities in order         to
                                              identify potential improvements that could
                    to the              infrastructure network and its               to   handle the
            serve            regional                                      ability
            new  growth vision
        c   In addition efforts will be made to quantify the            cost of placing the

            electrical power lines underground
        d   Upper limits of development will be prescribed             based    on   infrastructure
            limitations
        e   Buildingfrom work completed in the EIS the local transportation
            network will be reviewed with the Town Planners to determine its
            vehicular capacity areas that need to be addressed identified and
    L       mitigation methods proposed Presentation to the Tri Task Force
                                                              Town                                      I                   I
             will be made for its         concurrence




3    Zoning Analysis           Regional Planning Agencies
        a    The     zoning currently in place in Andover Tewksbury                      and   Wilmington
             for the Lowell Junction site will be examined                  to   determine if the     uses
                                                                                                               000
                                                                                                               25
             allowed correspond to the trivision
                                        town
        b    The      allowed by right and by special permit will be compared and
                     uses


             analyzed and recommendations will be made to insure that zoning
             uniformity and consistency exists throughout the site regardless of town
             boundaries
     c       This
               zoning analysis will serve as the basis for the                    development        ofa
             form code for the Lowell Junction site
             based


4    Form Based Code                   Consultant Tasks
     a
            Using     the unified      development concept           and vision for the     area as a

            guide and factoring in the results ofthe infrastructure and zoning
            analysis to determine a suitable build form based codes will be
                                             out
            developed
    b       The form codes will
                based                             regulate development across town
            boundaries to achieve the            specific form envisioned by the three
            communities The form code will include the
                            based                                                   following    elements      000
                                                                                                               200
                              i    aregulating plan    establishment of a regulatory
                                             to oversee the Junction
                                   approach                          Development Area
                            ii     public space standards
                            iii    building form standards
                            iv     administration and
                            v      definitions
    c       The form code may also include
                based
                             i     architecturalstandards
                            ii     landscaping standards
                            iii    signage standards and
                            iv     environmental       resource     standards
    d       The   development          ofthe form code will
                                             based                         require educating citizens
            in the communities to the benefits ofthis                new   form of zoning code
            therefore        broad public      participation     program will be
                        a                                                            a
                                                                                         part of this
            effort
    e    Development              of an educational program for residents committees
         commissions and boards             describing the benefits of creating a form based
         code for theproject                   rather than
                                        area
                                                               developing the     site under the     current

         zoning regulations

5             Impacts
    Community Benefits                             Consultant Tasks
    a    A market review of the downtown business district ofAndover will be

         completed          to determine if the     development        of Lowell Junction       as   shown
         in the trivision
                town                     plan   will           any economic
                                                       cause
                                                                                 leakage    from this
         area       The conclusions will be used in             a   review ofsimilar     impacts     in
        Wilmington and Tewksbury                                                   000
                                                                                   30
    b   Conversely economic opportunities for these downtown districts
        resulting from development of Lowell Junction will be identified

6   Community Benefits Tri Task Force Tasks
                  Impacts Town
    Other potential impacts from the development of the Lowell Junction will
    be identified at least in part through the EIS process and mitigation
    methods proposed The Task Force will evaluate the impacts and mitigation
    measures                                                     Town
             against the Performance Standards identified in the Tri
    Unified Development Vision dated November 15 2007       as prepared by   the

    Cecil Group for consistency
                                           THE COMMONWEALTH OF MASSACHUSETTS

                        EXECUTIVE OFFICE OF HOUSING                     ECONOMIC DEVELOPMENT
                                               PERMIT REGULATORY OFFICE




19
 DEVAL L PATRICK
     GOVERNOR
                            ONE ASHBURTON PLACE
                                           TELEPHONE   617
                                                       3610
                                                       788
                                                              SUITE 2101     BOSTON MA 02108
                                                                        FAX 617
                                                                            788
                                                                            3605


                                                                                                   DANIEL     CONNELL
                                                                                                              O
                                                                                                         SECRETARY



                                                                                                     GREG BIALECKI
TIMOTHY P MURRAY                                                                                 UNDERSECRETARY OF BUSINESS
 LIEUTENANT GOVERNOR                                                                                   DEVELOPMENT


                                                                                           APRIL ANDERSON         LAMOUREUX
                                                                                                     PERMIT   OMBUDSMAN



 COMMUNITY                                                       DATE

 CONTACT                                                         EMAIL


                                   MUNICIPAL SELF CHECKLIST
                                             ASSESSMENT

      Please refer to A Best Practices Model for Streamlined Local         Permitting   manual in order to

      complete this checklist Please check below if your community has in place or is planning to
      put in place each of the best practices listed below Please note that this checklist refers to
      your community overall permitting practices and is not specific to the
           s                                                                           Chapter   43D sites If
      the strategy is neither in place nor planned please leave blank


      Improving      Communication with Permit         Applicants                         In Place      Planned

      Single   Point of Contact

      User Guide to Local
      s                           Permitting
      Permitting    Flow Charts and Checklists
      Clear Submittal      Requirements
      Concurrent Applications
      Combined Public       Hearings
      Pre Process
      Application
      Project Technical Review Team

      Regularly     Scheduled
                            Inter Meetings
                            Departmental
      Physical Proximity to Professional Staff
      Development Agreements
      Encourage the Use of Third Consultants
                             Party


      Standardizing the PermittingProcess
      Predictable Impact Fees
     Objective Criteria for      Special Permits Of Zoning
                                                 Right                  Master Plans
      Effective Use of Site Plan     Approval
     Two Assessment Process
     Tier

      Delegating     Minor Decisions to Staff

      Uniform Timelines Notifications and        Appeals

      Resources for Improving          Local PermittingPerformance

     Adequate Staffing
     Create    a Culture   of   Training
      Maximize the     Municipal    Website
      Electronic Permit     Tracking Systems
     Create    an   Electronic Filing Process for Permit   Applicants

      Planning
      Selecting Preferred Sites for Commercial or Industrial Development
      Designating Priority Development Sites Under Chapter 43D
      Pre for Selected Sites
      Permitting
 Chapter   205 of the Acts of 2006                                                                                   1 of 13
                                                                                                          Page



 Chapter 205              of the Acts of 2006

 AN ACT RELATIVE TOSTREAMLINING AND EXPEDITING THE PERMITING PROCESS
 IN THE COMMONWEALTH


 Whereas The deferred operation of this act would tendto defeat its
                                                                    purpose which is to forthwith
 expedite  the                 in the commonwealth therefore it is hereby declared to be an emergency
            permitting process
 law necessary for the immediate preservation ofthe public convenience

 Be it enacted   by the   Senate and House   of Representatives   in General Court    assembled     and        the
                                                                                                          by
 authority of the   same as   follows

 SECTION 1 To               for supplementing certain items in the general appropriation act and other
                        provide
 appropriation     for fiscal year 2006 the sums set forth herein are hereby appropriated from the
                 acts

General Fund unless specifically designated otherwise herein or in said appropriation acts for the
several purposes and subject to the conditions specified herein or in said
                                                                           appropriation acts and subject
to the provisions of law regulating the disbursement of public funds for the fiscal
                                                                                    year ending June 30
2006 provided that the sums shall be in addition to any amounts previously appropriated and made
available for the purposes ofthe items and provided further that all funds           appropriated   in this section
shall be available for expenditure through June 30 2007


SECTION 2 To provide for certain unanticipated obligations ofthe       commonwealth to provide for an
alteration of purpose for current appropriations and to meet certain
                                                                     requirements of law the sums set
forth herein are hereby appropriated from the General Fund unless
                                                                    specifically designated otherwise
herein for the several purposes and subject to the conditions specified herein and subject to the
provisions of law regulating the disbursement of public funds for the fiscal year ending June 30 2006
provided that the sums shall be in addition to any amounts previously appropriated and made available
for the purposes of the items and provided further that all funds appropriated in this section shall be
available for expenditure through June 30 2007


                         EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT

                                       Office of the Secretary

 7002 For the streamlining of state and local permitting
 0013
                                                               processes provided that not less than
3shall be expended for technical assistance grants as established in subsection b of section 3
000
000
of chapter 43D of the General Laws to be administered by the interagency
                                                                             permitting board provided
further that not less than 500 shall be expended for the creation ofthe Massachusetts
                           000                                                                permit
regulatory office and the state permit ombudsman who will direct the interagency permitting board to
conduct state permit evaluation and to overhaul state agency services for streamlined and
                                                                                             expedited
permitting provided further that the analysis and evaluation shall include input from the executive
office of environmental affairs the executive office of public
                                                                safety the executive office of
transportation  the chairman of the commonwealth development
                                                                   coordinating council and the executive
office of economic development provided further that not less than 500 shall be
                                                                       000                expended by the
Massachusetts Development Finance Agency for permitting specialists in each oftheir
                                                                                          regional offices
in consultation with the Massachusetts permit regulatory office to work with new and
                                                                                         existing
businesses to assist in their relocation and expansions
                                                        permitting licensing and regulatory processes to
help foster job creation efforts within the municipality and region                           000
                                                                                              43000

SECTION 3 Section 4H of chapter 7 of the General Laws                               in the 2004 Official Edition is
                                                                   as   appearing
hereby amended by adding the following 2        paragraphs



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 office of the Massachusetts office of business
                                                 development as well as each regional planning agency in
 order  to better serve local businesses At the direction ofthe
                                                                  chair the board shall meet no less than 8
 times a year and shall monitor the development of
                                                       priority development sites as provided for in chapter
 43D and investigate ways in which to expedite
                                                  priority development site projects The board shall
 evaluate state agency permit procedures and recommend
                                                              changes for improved efficiency The board
 shall administer the technical assistance grants program established in subsection      of section 3 of
                                                                                                     b
 chapter  43D ofthe General Laws The secretary of economic
                                                               development shall work with the chair of
 the interagency permitting board and senior staff members to
                                                              develop a recommended format for an
 application form and procedure which shall be used by all executive offices when                     possible

 SECTION 6     Chapter 29 ofthe General Laws is hereby amended by inserting after section                        2WWW
 insertedby section 31 of chapter 123 of the acts of 2006 the following section
 Section 2XXX There shall be established and set
                                                    upon the books ofthe commonwealth a       separate fund
to    be known  the District Local Technical Assistance Fund Amounts credited to the fund shall be
                      as

administered by the bureau of municipal assistance within the
                                                                 department of revenue which shall
determine that the funds are used for activities consistent with the        of this act and the
                                                                                   purpose
Massachusetts management and accounting
                                            reporting system so The
                                                               called                          amounts shall     be used
solely for the administration and implementation of this section
One hundred per cent of the monies
                                     deposited in the district local technical assistance fund but not more
than  000
      800
      2in the aggregate in any fiscal year shall be used by the department of housing and
community development to provide grants to regional planning agencies for technical assistance to
municipalities and to develop a state permitting model The department shall grant each regional
                                 wide
planning district created under chapter 40B or by special act a fixed base allocation of 150 except
                                                                                          000
that the metropolitan area planning council shall receive a base allocation of 200 the Martha
                                                                                000           s
Vineyard commission shall receive a full annual allocation of 100 and the Nantucket Planning and
                                                                 000
Economic Development Commission shall receive an annual allocation of 50 One 000 halfof the
remainder of the annual disbursement of net cash proceeds to the
                                                                    department of housing and community
development    for technical assistance grants under this section shall be allocated
                                                                                     among said entities
based     the percentage of the commonwealth population served by each
          on                     s                                              entity with the other half
allocated based on the percentage of the commonwealth communities served
                                           s                                        by each entity Each
regional planning    agency receiving the funds shall provide matching resources of not less than 10 per
cent             than 1 2 of which may be in services and shall
                                           kind
       no more
                                                                     annually file with the department of
housing     and community development the house and senate committees on ways and means and
constituent local governments a report detailing their expenses and program activities
Technical assistance services funded by these grants shall be provided at the        of a                                    in
                                                                                             request          municipality
any  subject within regional planning expertise including but not limited to zoning and permitting
economic development land use planning conservation planning and water resources
                                                                                        municipal
management public safety planning and emergency response transportation data management
information technology geographic information
                                                  systems statistical trends and modeling and other                      land
use and smart          issues
               growth

SECTION 7 Section I OA of chapter 30A ofthe General Laws as appearing in the 2004 Official
Edition is hereby amended by inserting after the first sentence the following 2 sentences In any
proceeding pursuant to chapter 91 at least 5 of the 10 persons shall reside in the municipality in which
the license or permitted activity is located The intervention shall clearly and            state the facts
                                                                                               specifically
and   grounds      for                 and the relief sought and each intervening person shall file an affidavit
                           intervening
stating   the intent to       be part of the group and to be represented by its authorized
                                                                                           representative

SECTION 8              o
                       rec
                       Section
                           t     o
                                     viil ch    r



                                               te   OA of tle r
                                                              eneraI La
                                                                     vvS                                     amended   by
             1
                                                                           as so
                                                                                   appearing   is
                                                                                                    hereby
inserting    after the fifteenth        paragraph the following 3 paragraphs
In any    city        town    that
                 or
                                     accepts this paragraph zoning ordinances or by may provide
                                                                                 laws                         that research




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Chapter


                                                                                                      the   following section
SECTION 10            Chapter   40B of the General Laws is         hereby   amended    by adding
Section 30                                 regional planning
                             shall be within each                           district created under this        chapter or by
                 a There
special act     a   technical assistance        delivery of coordinated comprehensive and continuing
                                           center   for the
technical services to and among local governments for the purpose ofexpediting permitting
The board ofexecutive directors of the Massachusetts association of regional planning agencies shall

develop a state permitting model that municipalities may adopt The model processes shall
           wide
                                                              43D
expedite local permitting and zoning consistent with chapter
The board shall direct each regional planning agency to conduct an evaluation of its member cities and
towns permitting processes and to report its findings to the board It shall be the responsibility ofeach

regional planning agency to work under the guidance of the board to assist in the development of a state
wide model The board shall report to the and senate committees on ways and means not later
                                     house
                                                                   wide
than November 1 2007 on recommendations necessary to implement the state model proposed                                                to

effectuate such       expedited permitting
The    regional planning     districts   shall   at the   request of a member city    or   town   provide      the   city   or   town

services and assistance       to

1 reduce unnecessary delays and create certainty and predictability as well as promote an efficient and
timely appeals process
2 create a positive regulatory culture with a bias toward making decisions
3 conduct on staff training to address applicant questions
             going
4 select sites for expedited permitting while identifying potential issues concerns or problem areas
5 prepare applications for approval of the sites
6 establish clear criteria for determining the completeness of permit applications
7 update or eliminate conflicting cumbersome and redundant permit processes and procedures
8 examine and redraft zoning by to aid in the balanced development of the community and
                                  laws
9 develop plans     and incentives for residential and commercial development while taking steps to

mitigate the environmental and transportation impacts of new growth
b A city or town shall not be required to receive technical assistance from a regional planning agency
in order to participate in the expedited permitting process pursuant to chapter 43D


SECTION 11 The General Laws                hereby
                                            are              further amended     by striking   out
                                                                                                     chapter   43D and       inserting
in   place   thereof the   following chapter

                                                          CHAPTER 43D

                                                     Expedited Permitting

Section 1      Notwithstanding any general or special law              charter   provision by or ordinance
                                                                                           law                              to   the
contrary this   chapter shall apply upon its acceptance by             acity   or   town

Section 2 As used in this        chapter    the   following    words   shall   unless the   context   clearly requires
otherwise            following meanings
               have the

Governing body in a city having a Plan D or Plan E charter the city manager and the city council and
in any other city the mayor and city council and in towns the board of selectmen
Interagency permitting board the board as described in section 62 of chapter 23A established to
review and approve or deny municipal priority development site proposals and to grant and administer
technical assistance grants

Issuing authority a local   board commission department or other municipal entity that is responsible
for issuing permits granting approvals or otherwise involved in land use development including
redevelopment of existing buildings and structures
Permit a permit formal determination order of conditions license certificate authorization
registration plan approval zoning relief cr cther approval or determination will respect to the use or
development of land buildings or structures required by any issuing authority including but not limited
to those under statutory authorities contained in chapter 40A sections 81 A to 81 J inclusive and




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 b     The resubmission ofthe                   the submission of such additional information
                                  application   or
                                                                                              required       by
 the   governing body   shall   commence a new  30 period for review of the additional information
                                                day
    c If at any time an issuing authority   determines that a permit or other
                                                                                  predevelopment
                                                                                             review is
    required which it did not previously identify it shall immediately notify the applicant by certified mail
    and shall where public notice and comment or
                                                       hearings are not required complete action on the
   application  filed for the previously unidentified permit within 30
                                                                           days of receipt ofthe completed
   application or not later than the latest required decision date for a pending permit whichever is
   later Where public notice and comment or
                                                   hearing are required for the previously unidentified permit
   the required action date shall be not later than 30 days from the later of the close ofthe
   comment period which shall be scheduled to commence as
                                                                                                   hearing or
                                                                              as publication allows
                                                                      quickly                         The failure of
   the governing body to notify an
                                      applicant ofthe requirement of a public hearing or comment period shall
   not constitute a waiver of the requirement
   Section 6 a In accordance with this chapter the governing
                                                                       body may establish an informal procedure
  to allow permit applicants to obtain              review by a technical review team of any issue of
                                          advisory                                                         law
  policy procedure or classification that the applicant claims is in dispute between the
                                                                                                applicant and the
  issuing authority which has affected or will affect the ability ofthe applicant to obtain timely review of
  the permit application The procedures shall provide for
                                                                 filing a request for review by the applicant
  representation by    the issuing authority on the technical review team and a
                                                                                     period not to exceed 30 days
  for issuance of a decision Use of this procedure shall toll the review time
                                                                                     periods An advisory
  determination or ruling made pursuant to a procedure established in this section shall not
                                                                                                    constitute a
  decision or final action and shall not be subject to any right of administrative or
                                                                                          judicial review
  b The governing body may establish an additional and separate fee in addition to any fees that may be
 assessed by an issuing authority in order to carry out its duties under this
                                                                                   chapter and may deposit the
 fees in a special account to be maintained
                                                by the treasurer The special account including any accrued
 interest shall be expended at the direction of the governing body without further
                                                                                            appropriation but the
 funds shall be expended only in carrying out its responsibilities under this
                                                                                    chapter
 Section 7 Failure by any issuing
                                       authority to take final action on a permit or approval within the 180
 day period or extended time if applicable shall be considered a grant of the relief requested of that
 authority In that event within 14 days after the date of expiration ofthe time period the applicant shall
 file an affidavit with the city or town clerk
                                                  attaching the application setting forth the facts giving rise to
 the grant and stating that notice of the grant has been
                                                             mailed by certified mail to all parties to the
 proceedings and all persons entitled to notice of hearing in connection with the application
 Section 8 The grant shall not occur where 1 the governing
                                                                       body has made a timely determination that
 the application is not
                          complete in accordance with its requirements and notified the applicant as set forth
herein and the applicant has not made a timely
                                                      response to complete the application 2 the governing
body     has determined that the final application contained false or
                                                                         misleading information or 3 the
governing body has determined that substantial changes to the project affect the information required to
process the permit application have occurred since the filing ofthe
                                                                            application
Section 9 The 180 day time period may be waived or extended for
                                                                             good cause upon written request of
the applicant with the consent of the
                                          governing body    or upon written
                                                                              request of the issuing authority
with the consent ofthe applicant The 180 period may be extended for
                                            day                                      up to 30 days by the
governing body      in the event an additional
                                               permit or other predevelopment review is required in
accordance with subsection c of section 5 if the requirement for the
                                                                               previously unidentified permit or
review has been determined no less than 150 days after the issuance of the notice of
                                                                                              completeness The
180 day time period shall be extended when the issuing
                                                               authority determines either 1 that action by
another federal state or municipal government agency is required before the
                                                                                      issuing authority may act
2 that judicial proceedings affect the ability of the issuing authority or applicant to proceed with the
application or 3 that enforcement proceedings that could result in revocation of an existing permit for
that facilitynr
                  artivity and denial of the applinatinn have been commenced In those circumstances the
issuing authority shall provide written notification to the secretary When the reason for the extension is
no
      longer applicable the issuing authority shall immediately notify the applicant and shall complete its



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Chapter


                                                                                                                        economic
a priority consideration for community development action grants and public works
development grants
b priority consideration for other state resources such as quasi financing and training programs
                                                           public
c brownfields remediation assistance
d enhanced marketing by the Massachusetts office ofbusiness development and the Massachusetts
alliance for economic development and

e technical assistance provided by the regional planning council
Section 13 a Technical assistance funding is intended to be a one grant to municipality if the
                                                                time

municipality  has adopted expedited permitting as provided in sections 3 to 11 inclusive

b A municipality shall be eligible for technical assistance funding which may be less than the
previous amounts awarded for a second time if it has identified and successfully permitted one priority
development site
Section 14 Any required reviews established under sections 61 to 62H inclusive of chapter 30 or
sections 26     to   27C inclusive of chapter 9 shall conclude within 120                          days   of a state determination of
                     of required review      materials         established       by    the executive office ofenvironmental
completeness                                              as

affairs in consultation with the     secretary The secretary of environmental affairs and the state
                                        state

                                                                                                       in
secretary shall establish time frames for all required filings and additional filings by the applicant
order to comply with this section In the event an applicant fails to comply with all relevant time
frames the time shall be tolled until the applicant files the required documents
Section 15                  in this             shall be construed          to   alter the substantive jurisdictional         authority     of
                 Nothing              chapter
issuing    authorities
Section 16 The secretary shall           promulgate        rules and     regulations to implement this chapter

SECTION 12 Section 21 of chapter 81 of the General Laws                                 as
                                                                                             appearing     in the 2004 Official      Edition
is   hereby   amended     by adding    the   following paragraph
The commissioner of highways shall               adopt regulations to            effectuate the purposes ofthis section


SECTION 13 Section 32 of chapter 184 of the General Laws as so appearing is hereby amended                                                 by
striking out the second paragraph and inserting in place thereof the following paragraph
Such  conservation preservation agricultural preservation watershed preservation and affordable
housing restrictions are interests in land and may be acquired by any governmental body or such
charitable corporation or trust which has power to acquire interest in the land in the same manner as it
may acquire other interests in land The restriction may be enforced by injunction
                                                                                     or other
                                                                                              proceeding
and shall entitle      representatives   of the holder        to enter   the land in         a   reasonable   manner   and   at   reasonable

                      compliance      If the   court   in any                 enforcement         proceeding         the decision maker
times   to assure                                                judicial                                       or


in any arbitration or other alternative dispute resolution enforcement proceeding finds there has been                                      a


violation of the restriction or of any other restriction described in clause c of section 26 then in
addition to any other relief ordered the petitioner bringing the action or proceeding may be awarded
reasonable      attorneys fees    and   costs    incurred in the action          proceeding          The restriction may be released
in whole                  holder for consideration
              or in part by the                               the holder may determine in the same
                                                                       if any     as

manner as the holder may dispose of land or other interests in land but only after a public hearing upon

reasonable public notice by the governmental body holding the restriction or if held by a charitable

corporation     trust by the mayor or in cities having a city manager the city manager the city council of
                 or

the city or the selectmen of the town whose approval shall be required and in case of a restriction

requiring approval by the secretary ofenvironmental affairs the Massachusetts historical commission
the director of the division of water           supply protection         ofthe       department      of conservation and recreation
the commissioner of food and            agriculture      or   the director of housing and              community development only
with like                of the release
              approval

SECTION 14 Section 1 of chapter 185 of the General                            Laws      as   so   appearing is hereby amended by
striking   out the    second   paragraph       and   inserting   in   place   thereof the        following paragraph



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      accordance with rules established by the chiefjustice of the land court
                                                                                                   department       On motion      by   a

      party or the court own motion where an exceptional cause is shown
                   s                                                                               cases   may be     reassigned      to a
      different track or tracking order dates may be extended or modified
  The chiefjustice of the land court shall report to the chief
                                                               justice for administration and management
  the clerks ofthe house and senate and the chairs of the
                                                            judiciary committee ofthe general court on an
  annual basis with 1 the number of cases handled under this
                                                                     session 2 the timelines achieved in
  cases
        pursuant to this session 3 any additional resources required by the land court to meet its goals
 for this session and 4 the number of cases before the land court
                                                                        according to the county from which
 they originate To the extent that the chiefjustice ofthe land court does not have sufficient resources to
 maintain the timeframes mentioned above then the chief
                                                              justice for administration and management
 shall assign judges with land use and environmental
                                                         expertise from other departments ofthe trial court
 to sit as
           justices of the permit session In making such appointments the chief justice for administration
 shall make reasonable efforts to select justices who
                                                        by reason of their past experience in private practice
 or
    practice with public agencies or as jurists have particular skills related to environmental and land                                 use

 permitting          and
                disputes concerning the same
 The final disposition of cases in the permit session                     the   court
                                                      by                                by dismissal judgment           or   otherwise
 shall be in accordance with the               following     timeframes which shall      commence on          the   filing   ofthe trial
 transcript      with the      court or   in the   case   of a summary judgment
                                                                           from the date the motion is taken
                                                                                       motion
 under advisement A Track in 4 months F Track in 3 months and X Track in 2
                                                                                   months
 The chiefjustice of the land court department shall establish a
                                                                  procedure for the assignment to mediation
 of disputes that have been filed with or transferred to the
                                                             permit session and shall promulgate rules
 subject to the approval ofthe chief justice for administration and management that promote the
 expeditious resolution ofthe disputes within the time periods provided in this chapter The mediators
 shall be persons who by reason of their
                                          past experience in private practice or practice with public
 agencies or as jurists have particular skills related to environmental and land use            or
                                                                                                and            permitting
 disputes concerning the        The chief justice ofthe land court department may approve qualified
                                     same


providers ofmediation services The mediator shall have the protections
                                                                           provided under section 23C of
chapter 233 and to the extent that public agencies are participants in the                         mediation
                                                                                     their deliberations
shall     not   be   subject   to the   provisions    ofsection 23B of chapter 39


SECTION 16 Section 2 of chapter 211B of the General                             Laws as appearing   in the 2004 Official
Edition is hereby amended by striking out in line 2 the                       figure   6 and inserting in place thereof the
following figure                7



SECTION 17                 Chapter 45 of the acts of 2005 is                  amended    by striking       out item
                                                                     hereby                                           1110 and
                                                                                                                      1000
inserting       in   place   thereof the following item
1 l 10 For the
    1000             operation of the division of administrative law appeals established by section 4H of
chapter       7 of the General
                          Laws provided that said division shall maintain to the fullest extent
practicable a complete physical and technological separation from any agency department board
commission or program whose decisions determinations or actions may be
                                                                              appealed to it provided
further that every decision issued by a commissioner or other head of agency or designee following the
issuance of a recommended decision by an administrative law
                                                                 judge ofthe division shall be an agency
decision subject to judicial review pursuant to chapter 30A ofthe General
                                                                             Laws and provided further
that not less than 250 shall be expended for the
                   000                                             and adjudication ofall
                                                       processing                         pending and
filed
newly department of environmental protection
appeals                                                         352
                                                                144
                                                                1

SECTION 18 Said                 chapter   45 is             further amended
                                                   hereby                       by striking    out        0515
                                                                                                     item 7007 and               inserting
iii   place
   triereof the following                     gem

7007 For economic
0515
                                     development grants        to   be administered     by   the department of business and
technology provided              that   not   less than   000
                                                          150 be expended           on   the   Cape Cod Regional Incubator



htm
chapter205
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srpedd
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http                                                                                                                            3
                                                                                                                                2008
                                                                                                                                12
          205 of the Acts of 2006                                Page   13 of 13
Chapter



                                      Approved August 2   2006


Return to

List of Laws passed in 2006 Session
General Court home page or
Commonwealth ofMassachusetts home page




chapter2O5
www
sipedd
htm
http
org                                                                 3
                                                                    12
                                                                    2008
  400 CMR 2 Expedited
          00                          Permitting

  01
  2      Purpose
  02
  2 Program Overview
 2 Definitions
 03
 04
 2 Interagency
                    Permitting Board
 2 PDS
 05           Designation Process
 06
 2 Grant Application Process
 07
 2 Local Duties Upon
                      Municipal Acceptance
 08
 2 Applications and
                    Completeness Review
 09
 2 Permitting Process and Extensions
 2 Permit Modifications
 10
 11
 2 Automatic Grant of Approval

 2 Cape Cod Commission
 12                                       s
                                          Martha Vineyard Commission Reviews
 2 Appeals
 13
 14 Permit Transfers and Renewals
 2

 15
 2 Municipal Benefits
 2 State
 16          Permitting
 2
 17     Regulatory Authority

 01
 2Purpose

 400 CMR 2 et seq establishes
         00                                            standards and procedures for the
                                               rules                                          Expedited
 Permitting Program created in Chapter 43D The Executive Office of Economic
 Development the Office is the regulatory agency for the program and is authorized                               to
issue
        regulations   to    explain   and to   implement    its
                                                                  operation

02
2 Program Overview
The
      Expedited Permitting Program gives cities and towns the ability to promote
commercial
             development on pre parcels by offering expedited local permitting
                              approved
on those
          parcels Such development shall be primarily commercial however mixed use
properties shall also qualify for priority designation so long as they conform to the
statutory requirements for a priority development site The program is at local
                                                                               option
Cities and   townsthat accept the provisions of
                                                Chapter 43D will be eligible for a one
                                                                                   time
technical assistance grant to assist the
                                          municipality to improve and streamline the local
permitting process for commercial development

03
2 Definitions

All persons entitled to notice of
                                  hearing                abutters   owners    of land   directly opposite   on

any public   or
                  private   street or way      and abutters   to the   abutters within three hundred feet
of the
        property line of the
                           priority development site as                they appear on the most recent
applicable tax list notwithstanding that the land of any such owner is located in another
city or town the planning board of the city or town and the planning board of every
abutting city or town The assessors maintaining any applicable tax list shall
the
                                                                               certify to
    issuing authority the names and addresses of persons entitled to notice of public
hearing and such certification shall be conclusive for all purposes
Permitting Ombudsman an individual appointed by the governor that will chair the
interagency permitting board and direct that board to conduct state permit evaluation and
streamline and expedite state agency permitting procedures The ombudsman shall
facilitate communication between municipalities and state agencies on permitting issues


Priority development site PDS a privately or publicly owned property that is 1
commercially or industrially zoned or zoned for mixed use development 2 eligible
under applicable zoning provisions including special permits or other discretionary
permits for development or redevelopment containing at least 50 square feet of gross
                                                               000
floor area in new or existing buildings or structures and 3 designated as a priority

development site by the board Several parcels or projects may be included within a
single priority development site Wherever possible priority development sites should be
located adjacent to areas of existing development or in under utilized buildings or
facilities or close to appropriate transit services

Secretary the secretary       of the executive office of economic       development

Technical review team         an       working group consisting of representatives ofthe
                                    informal
various issuing authorities designated by the head of their issuing authority to review
requests submitted under this chapter The technical review team shall not include
members of the zoning board of appeals


Under utilized       building or facility a commercial or industrial building or collection of
buildings   that   are currently vacant or that has 50 of its floor area unused or a site that

has                been cleared of industrial         commercial              site that has been
      previously                                 or                use or a

remediated    and is vacant   or   used   sporadically

2
04 Interagency        Permitting Board
The members of the board shall be   comprised of the state permit ombudsman who will
serve as the chair the secretary of economic
                                              development the secretary of transportation
the secretary of environmental affairs the secretary of public safety the director of the
department of housing and community development the director ofthe department of
business and technology the director of the department workforce development the
director ofthe department of consumer affairs and business regulation the chair of the
commonwealth development coordinating council and the executive director of the
Massachusetts Development Finance Agency or their designees Six members shall be a
quorum for the transaction of business At the direction ofthe chair the board shall
meet no less than 8 times a year and review and approve or
                                                              deny municipal PDS
proposals and administer technical assistance grants The board shall monitor the
development of priority development sites as provided for in Chapter 43D and investigate
ways in which to expedite priority development site projects The board shall evaluate
state agency permit procedures and recommend changes for improved efficiency The

board shall administer the technical assistance grants program established in Section 3 b
of Chapter 43D
 The grants are to be considered one grants In special circumstances where
                                 time                                                                    a

 specific and originally unforeseen need can be demonstrated the
                                                                   governing body may be
 eligible   foradditional technical assistance grant if approved by the board and the
                  an


secretary provided the governing body has previously identified and successfully
permitted at least one PDS prior to the second request for a technical assistance grant

07
2 Local Duties             Upon Municipal Acceptance
A   governing body         shall be deemed
                                         to have accepted           the                of Chapter 43D
                                                                          provisions                         by
endorsing        the check for
                          technical assistance grant In the cases where no technical
                                 a

assistance has been granted the governing body may accept the provisions of Chapter
43D   by completing            form   provided to   them        the board
                           a
                                                           by

Beginning on the day after a governing body accepts the provisions of Chapter 43D                            the
governing body will have 120 calendar days to conform to the requirements ofthis
program


These   requirements shall be to
 a appoint a single point of contact to serve as the primary municipal liaison for all
issues relating to Chapter 43D
b amend rules and regulations on permit issuance to conform to Chapter 4313
c along with each issuing authority collect and ensure the availability of all governing
statutes local ordinances by regulations procedures and protocols pertaining to
                            laws
each permit

d establish a procedure whereby the governing body shall determine all permits
reviews and predevelopment reviews required for a project all required scoping sessions

public comment periods and public hearings and all additional specific applications and
supplemental information required for review including where applicable the
identification of potential conflicts of jurisdiction or substantive standards with abutting
municipalities and a procedure for notifying the applicant ofthe same
e establish a procedure following notification to the applicant of all required
submissions for determining if all the materials required for the review of the project
have been completed and
festablish a procedure to allow for all local permitting decisions for PDS projects to be
issued within 180 of submission of a completed application
               days
               calendar

Nothing     in   Chapter   43D shall be construed     to   alter the   jurisdiction   of   issuing   authorities


08
2      Applications and Completeness Review
The  governing body shall provide an applicant with a comprehensive packet of permit
applications necessary for the PDS project In order to identify applicable permits for
any project the municipality may conduct preliminary reviews or conferences with the
applicant Once the applicant has submitted an application packet the governing body
has 20 business days to determine completeness of the applications The
                                                                           governing body
shall timely notice the applicant
                                  by certified mail as to the completeness ofthe
applications If the governing body fails to notice the applicant within 20 business days
request of the issuing authority The            issuing authority shall provide terms for the
extension      including   the number      of additional days requested Within ten business days       of
receipt of the request the board or permitting ombudsman if designated              by   the   board
shall respond to the issuing authority with an extension determination


If theapplicant makes a substantial modification to a project for the purpose of public
benefit the issuing authority may request an extension from the board and if granted
shall make every reasonable effort to expedite the processing of that permit application


10
2 Permit Modifications

Issuing authorities shall make every reasonable effort to review permit modification

requests within as short a period as is feasible to maintain the integrity of the expedited
permitting process An issuing authority shall inform an applicant within 20 business
days of receipt of a request whether the modification is approved denied determined to
be substantial or requires additional information for the issuing authority to issue a
decision If additional information is required the issuing authority shall inform an
applicant by certified within 20 business days after receipt of the required additional
information whether the modification is approved or denied or that further additional
information is required by the issuing authority in order to render a decision


11
2 Automatic Grant of Approval
Failure   by    issuing authority to take final action on a permit within the 180
               any                                                            calendar
      review                     extended review period shall be considered a
day          period or
                       properly                                                   grant of the
relief requested ofthat authority In such case within 14 days after the date of expiration
of the time period the applicant shall file an affidavit with the city or town clerk

attaching the application setting forth the facts giving rise to the grant and stating that
notice of the grant has been mailed by certified mail to all parties to the proceedings as
                    03
defined by Section 2and all persons entitled to notice of hearing in connection with
the application as defined by Section 2 03


An   issuing authority may not use lack of time for review as a basis for denial of a permit
if the applicant has provided a complete application and met all other obligations in
accordance with this chapter


The automatic grant of approval shall not           occur


a where the governing body has made a     timely determination under Section 2 that
                                                                              07
the application packet is        not
                            complete            and the
                                              applicant does not provide the requested
information within 90 calendar days In this case the
                                                      governing body shall notify the
board of the discontinuance of the permit process


b the governing body            in consultation with the  issuing authority has determined that
substantial modifications        to the          since the
                                          project          application render the issuing authority
incapable   of making      a   decision   on an application




c the governing body has determined that a final application contains false or
misleading information In such event the governing body must submit a statement                   of
Issuing authorities may develop procedures for simplified permit renewals and annual
reporting requirements If the procedures are not developed renewals of permits shall                               be

governed by the procedures and timelines specified in this chapter

Permits issued pursuant      Chapter 43D shall expire 5 years from the date of the
                                 to

expiration        applicable appeal period unless exercised sooner Where permits cover
             of the

multiple buildings commencement and continuation ofconstruction of one building shall
prevent expiration of all permits on that site No permit issued under this chapter shall be
affected by changes in the law subsequent to the issuance of such permits Nothing in this
section shall limit the effectiveness of Section 6 of Chapter 40A


15 Municipal Benefits
2

Municipalities    that   adopt    the   provisions   of Chapter 43D        are eligible for priority
consideration for      state   grants    including   but   not   limited   to community development
action grants public works economic development grants brownfields remediation

grants and other state resources such as quasi financing and training programs
                                         public

The Commonwealth through the Massachusetts Office ofBusiness Development and a
contract with the Massachusetts Alliance for Economic Development shall
                                                                        promote PDS
locations   to the real estate and       business  community nationwide The contract with the
Massachusetts Alliance for Economic               Development shall be contingent upon legislative
appropriation

2 State Permitting
16
Reviews     required   under the Massachusetts Environmental                 Policy Act     Sections 61     to

62H inclusive of Chapter 30              or   the Massachusetts Historical Commission Sections 26
to27C inclusive of Chapter 9 shall conclude within 120 calendar days of a state
determination ofcompleteness of required review materials as established by the
executive office of environmental affairs in consultation with the                  state   secretary      The

aforementioned reviews shall take place concurrently with the 180
                                                              day
                                                              calendar
municipal permitting review process The secretary of environmental affairs and the                               state

secretary shall establish time frames for all required filings and additional filings by the
            in order to                       this section In the
applicant                 comply with                                 event an
                                                                                 applicant   fails   to   comply
with all relevant time frames the time shall be tolled until the                 applicant   files the    required
documents


17 Regulatory
2                     Authority

        00
420 CMR 2                      Chapter   43D
                         INTERAGENCY PERMITTING BOARD




                                      BOARD MEETING
                                       September 24       2008




                                          Votin Record
                                          z



Members Present

April   Anderson Lamoureux     Massachusetts Permit    Regulatory Office Chair
Michael Hunter      Massachusetts Office of Development    designee
David Murray     Department of Consumer Affairs      and Business Regulation designee

Michael Miller    MassDevelopment designee
Alana Murphy     Department of Housing     Con Development designee
                                           imunity
Thomas Gatzunis     Department  of Public Safety designee
Lionel Lucien    Executive Office ofTransportation designee

Philip Griffiths Executive Office of Environmental Affairs designee

NOTE     April   Anderson Lamoureux abstained frorn    voting



Members present voted unanimously to approve a Priority Development at the South Street Site
and approve 100 in Chapter 43D Technical Assistance Grant funds to be used jointly with
            000
the Towns of Tewksbury and     Wilmington in     accordance with the town application with the
                                                                     s

following   conditions


    1     The results of Tasks 1 and 4 be made   public
                                                                                                                                                         i




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  For    privacy         NOT
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                                                                    containing prrsonal 11110nn such v h
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 account  numbers social security numbers driver Ikea es home
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 reserves the                                                                                     ealtli
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                                                                 signatories ofcontraclkw

                              IORIZED SIGNATORY NAME




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I eertily that I               the
                        ant          President Chief Executive Ollicer Chief                  Fiscal
for the Contractor and                                                                                   Officer Corpin i 1
                                                                                                                  3te Ierk r egrll                      JMW Cl
                                        as   an   authorized officer of the Contractor I
                                                                                                         certify that the name of rile 111             ividual
identified       on    this   listing   are   current as       of the date of execution below and
                                                                                                  that these             individuals      are   authorized   to
sign    contracts         and        other     legally    binding        documents       related    to    contracts    with     the
Massachusetts                                                                                                                          Commonwealth          of
                         on    behalf of the Contractor              I understand and
                                                                                      agree that the Contractor has a
this   listing    is                                                                                                  duty to ensure that
                        immediately          updated and communicated           to any state department with which the
business whenever                                                                                                                          Contractor doe
                                 the authorized
                                                  signatories above retire are otherwise temrinated                              from     theContractor
                                                                                                                                             s
employ      have their
                                responsibilities changed resulting in their no longer being authorized
the Comm
                                                                                                                                  to   sign conU with
                                                                                                                                            acts
                     iwealth    or whenever new
                                                   signatories are designated




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                                   Listing      can   not be    accepted      without all of this information
 A cope of this
                                                                                                                      completed
                              listing must        be attached to the record
                                                                                         copy      of a contract filed vvIth the
                                                                                                                                          department
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                                                                                       N ARY as a nomiy puhhc cciTifl that I iUt
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                                                                           RANDALL L HANSON
                                                                             NOTARY PUBLIC
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                                                               k     COMMONWEALTH OF MASSACHUSETTS
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                                                                                             CORPOIb TF C1GRK cenift shat             I   iIn   rd   the
signature of          the aforementioned      signatory above       that I verified the individual
                                                                                        s               identity   and confirm the individu iI
                                                                                                                                            s
authority          as an    authorized signatory for the Contractor        on   this date


                                               20




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