(a) If the project is located within an area
covered by an Approved Municipal Harbor Plan, said project must conform to the
provisions of said plan to the degree applicable under plan approval at
301 CMR 23.00:
Review
and Approval of Municipal Harbor Plans, including substitute
provisions adopted by the Department and listed in 310 CMR 9.57. In making this
determination the Department shall take into account all relevant information
in the public record, and shall act in accordance with the following
provisions:
1. the Department shall consult
with the planning board or other municipal body with lead responsibility for
plan implementation, as appropriate and in accordance with the provisions of
310 CMR
9.11(1). In the event a
written recommendation as to plan conformance is submitted by such board or
other body, the Department shall presume that the requirement is met or not met
in accordance with said recommendation, except upon a clear showing to the
contrary and except as otherwise provided in 310 CMR 9.34(2)(a)2.;
2. the Department shall not find the
requirement has been met if the project requires a variance or similar form of
exemption from the substantive provisions of the Approved Municipal Harbor
Plan, unless the Department determines the deviation to be de
minimis or unrelated to the purposes of M.G.L. c. 91 or
310 CMR
9.00;
(b) If the project conforms to the Approved
Municipal Harbor Plan, the Department shall:
1. apply the use limitations or numerical
standards specified in the Approved Municipal Harbor Plan and listed in 310 CMR
9.57 as a substitute for the respective limitations or standards contained in
310 CMR
9.32(1)(b)3., 9.51(3),
9.52(1)(b)1., and 9.53(2)(b) and (c), in accordance with the criteria specified
in
310 CMR
9.32(1)(b)3., 9.51(3),
9.52(1)(b)1., and 9.53(2)(b) and (c) and in associated plan approval at
301 CMR 23.00: Review
and Approval of Municipal Harbor Plans and associated guidelines of
CZM;
2. adhere to the greatest
reasonable extent to applicable guidance specified in the Approved Municipal
Harbor Plan which amplifies any discretionary requirements of
310 CMR
9.00, in accordance with the criteria specified in
301 CMR 23.00: Review
and Approval of Municipal Harbor Plans and associated guidelines of
CZM; and
3. determine that the
requirement of
310 CMR
9.54, governing consistency with CZM
policies, has been met, if applicable, except upon a written showing by CZM for
a project identified in
310 CMR
9.13(2)(a) for CZM
participation that the project conflicts with CZM policy in effect when the
license application was completed, in a manner that was not reasonably
foreseeable at the time of plan approval.
