Code of Massachusetts Regulations
400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Title 400 CMR 2.00 - Expedited Permitting
Section 2.03 - 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 certify to the issuing authority the names and addresses of persons entitled to notice of public hearing and such certification shall be conclusive for all purposes.

Appropriate Public Transit Services: an area that is located within. 5 miles of any part of an existing Transit Station or Planned Transit Station, including, but not limited to, parking areas proximate to the existing Transit Station or Planned Transit Station, entrance gates, and ticket dispensers, and shall have a form of access to the existing Transit Station or Planned Transit Station, or will have access resulting from a proposed project on the priority development site.

Area of Existing Development: an area within .5 miles of parcels with existing public or private infrastructure either currently in use or recently abandoned, which is served by transportation services that include roads, highways, or other forms of public transit.

Division: the Division of Administrative Law Appeals.

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, or as otherwise provided by local chapter.

Interagency Permitting Board: the board, as described in M.G.L. c. 23A, § 62 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.

Parties to the Proceedings: any person who provided testimony or submitted written comments on record during a Public Hearing for the project.

Permit: a formal determination, order of conditions, license, certificate, authorization, registration, plan approval, zoning relief or other approval or determination with respect to the use, development or redevelopment of land, buildings, or structures required by any issuing authority including but not limited to those under statutory authorities contained in M.G.L. c. 40A, §§ 81A through 8IJ, M.G.L. c. 41, §§ 81X through 8IGG, M.G.L. c. 131, §§ 40 and 40A, M.G.L. c. Ill, §§ 26 through 32, M.G.L. c. 40C, M.G.L. c. 148, §§ 13 and 14 and St. 1975, c. 772, or otherwise under state law or local by-law or ordinance, and all associated regulations, bylaws and rules, but not including building permits or approvals pursuant to M.G.L. c. 41, §§ 810 through 81 W. Permit shall not include the decision of an agency to dispose of property under its management or control; predevelopment reviews conducted by the municipality or a technical review team; or permits granted by the Massachusetts Water Resources Authority.

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:

(a) commercially or industrially zoned, or zoned for mixed use developments;

(b) eligible under applicable zoning provisions, including special permits or other discretionary permits, for development or redevelopment containing at least 50,000 square feet of gross floor area in new or existing buildings or structures; and

(c) 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 underutilized buildings or facilities, or close to appropriate public transit services.

Secretary: the secretary of the executive office of economic development

Technical Review Team: an informal working group consisting of representatives of the various issuing authorities designated by the head of their issuing authority to review requests submitted under 400 CMR 2.00. 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 previously been cleared of industrial or commercial use, or a site that has been remediated and is vacant or used sporadically.