Automatic Grant of Approval

(1) Failure by any issuing authority to take final action on a permit within the ISO-calendar-day review period, or properly extended review period, shall be considered a grant of the relief requested of that authority. In such case, within 14 days after the date of expiration of the time period, the applicant shall file an affidavit with the city or town clerk, attaching the application, setting forth the facts giving rise to the grant and stating that notice of the grant has been mailed, by certified mail, to all parties to the proceedings and all persons entitled to notice of hearing in connection with the application. (2) An issuing authority may not use lack of time for review as a basis for denial of a permit if the applicant has provided a complete application and met all other obligations in accordance with 400 CMR 2.00. (3) The automatic grant of approval shall not occur where the governing body has made a timely determination under 400 CMR 2.07 that the application packet is not complete and the applicant does not provide the requested information within 90 calendar days. In this case, the governing body shall notify the board of the discontinuation of the permit process. (4) The governing body, in consultation with the issuing authority, has determined that substantial modifications to the project since the application render the issuing authority incapable of making a decision on an application; (5) The governing body has determined that a final application contains false or misleading information. In such event, the governing body must submit a statement of findings to the board by certified mail and copy the applicant by certified mail. Such a finding may be appealed in Land Court on a motion of the applicant. Pending a court's ruling, the ISO-calendar-day review period shall be tolled. If a court rules in favor of the appellant, the ISO-calendar-day review period shall resume. If the court rules in favor of the governing body, the ISO-day review process shall be waived.