PDS Designation Process

(1) For each priority development site proposed, a town must vote to accept M.G.L. c. 43D by town meeting and a city must accept M.G.L. c. 43D by a majority vote of city council members. In order to qualify for PDS designation, written authorization of the property owner of each parcel included in the PDS application must be granted. Upon local acceptance of M.G.L. c. 43D, the governing body must apply to the board for PDS designation. The application shall include: (a) a detailed description of the property; (b) good faith commitment to comply with M.G.L. c. 43D; (c) written authorization of the property owner; and (d) at the discretion of the governing body, a request for technical assistance. The applications shall also identify if the site is located adjacent to areas of existing development or in under utilized buildings or facilities, or close to appropriate transit services. (2) The board will review the application to determine whether the parcel meets all of the following requirements: (a) commercially or industrially zoned, or zoned for mixed use development; (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) has met with an affirmative vote of town meeting or city council. The board shall have 60 calendar days from receipt of the PDS application to issue a decision. (3) Municipalities are strongly encouraged to consider sites close to areas of existing development, close to appropriate transit services, or containing under-utilized buildings or facilities when nominating potential PDS locations, however meeting one or more of these three principles is not required for the site to qualify for PDS designation. (4) PDS designation shall apply for a term no less than five years, beginning the day after the 120 calendar day phase-in period as described in 400 CMR 2.06. The governing body may decide to terminate PDS designation on a parcel after the initial five year term by providing timely written notice to the board. Absent a termination notice from the governing body, PDS designation shall remain in effect.