400 CMR 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 conclusi
ve 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.
2.03: continued
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, by
laws 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 under-
utilized 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.