Standing to File an Application for Determination of Need

(A) No Person shall be permitted to make an Application for Notice of Determination of Need pursuant to 105 CMR 100.000 unless such Person has Sufficient Interest in the Site or facility, and unless such Site or facility may be used for the Proposed Project, meaning one of the following: (1) The Proposed Project is authorized under applicable zoning bylaws or ordinances, whether or not a special permit is required; or (2) If the Proposed Project is not authorized under applicable zoning bylaws or ordinances, a variance has been received to permit such Proposed Project; or (3) The Proposed Project is exempt from zoning bylaws or ordinances. (B) Pursuant to St. 1988, c. 23, § 76, no Determination of Need shall be required pursuant to M.G.L. c. 111, § 25C for any Hospital facility of the Shriner's Hospitals for Children.