Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 8.00 - Major Capital Improvements Within The Mt. Greylock State Reservation
Section 8.03 - Procedure

(1) Submission of the Major Capital Improvements Plan. Within five months of the effective date of 302 CMR 8.00, the Department shall submit a Major Capital Improvements Plan for the reservation to the Board for adoption at its next regularly scheduled meeting. The submission must be made at least 30 days prior to the Board meeting. At least 21 days prior to the meeting of the Board, notice of the submission of the plan and the time, date and place of the Board meeting shall be given by legal advertisement in the Berkshire Eagle, the Berkshire Courier, the North Adams Transcript and the Environmental Monitor. Such notice shall also be mailed to the Mt. Greylock Advisory Board and the Boards of Selectmen of Adams, Cheshire, Lanesborough, New Ashford, and Williamstown and to the North Adams City Council.

(2) Approval of the Board. At their next regularly scheduled meeting, after submission of the Major Capital Improvements Plan by the Department, the Board shall vote on adoption of the plan. The Board may adopt the plan in whole or in part by a unanimous vote of all seven members of the Board. In the event of a vacancy on the Board, an affirmative vote of all sitting members shall be sufficient to adopt the plan. In the event that any member of the Board is prevented from attending the meeting, he or she may submit a written vote at the meeting, but in no event shall a vote be taken in the absence of either the Berkshire County member of the Board or the member of the Board representing statewide environmental groups as set forth in St. 1985, c. 676.

(3) Effect: Modification of Plan. After approval by the Board, the Major Capital Improvements Plan shall be in full force and effect for five years. Such plan may be modified by unanimous vote of the Board after submission of a request for modification by the Department.

(4) Approval of a Specific Capital Improvement. After approval by the Board of the Major Capital Improvements Plan, the Board shall retain the power to approve the conceptual plan of each specific major capital improvement included in the Major Capital Improvements Plan as it is designed by the Department or by an entity approved by the Department. The Department shall submit the conceptual plan of each specific major capital improvement at a regularly scheduled meeting of the Board after written notice has been mailed to each member at least 20 days prior to the meeting. Such approval shall be given by the unanimous vote of all seven members of the Board. In the event of a vacancy on the Board, an affirmative vote of all sitting members shall be sufficient to approve the conceptual plan. In the event that any member of the Board is prevented from attending the meeting, he or she may submit a written vote at the meeting, but in no event shall a vote be taken in the absence of either the Berkshire County member or the member of the Board representing statewide environmental groups as set forth in St. 1985, c. 676. The vote of the Board shall be made by roll call and shall be duly recorded in the minutes of the meeting.

(5) Emergency Provision. In the event of an emergency, natural disaster or event that arises out of unexpected circumstances, the Department or an entity approved by the Department, may undertake a necessary specific major capital improvement prior to submitting a conceptual plan to the Board. In such event, the Department shall advise the Board of its action as soon as it is practicably possible to do so.