980 CMR 13.04
EFSB Consolidated Permit Application Requirements: Zoning Exemptions.
(1) The Board may grant zoning exemptions pursuant to M.G.L. c. 40A, § 3; St. 1956, c. 665,
§ 6; and M.G.L. c. 164, §§ 69T through 69V, inclusive.
(2) The Applicant shall include in its Application a statement as to whether it is seeking zoning
exemptions for the CEIF Project pursuant to M.G.L. c. 40A, § 3; St. 1956, c. 665, § 6; M.G.L.
c. 164, §§ 69T through 69V.
(3) If an Applicant seeks zoning exemptions for a CEIF Project, the Applicant shall file an
EFSB Consolidated Permit Application containing a zoning exemption request, and the
Applicant shall:
(a) File the request for zoning exemptions as part of its Application, pursuant to the
requirements of M.G.L. c. 40A, § 3, or St. 1956, c. 665, § 6.
(b) Describe each exemption from local bylaws or ordinances that the CEIF Project requires
in order to be constructed. The zoning exemption description shall include, at least:
1. a copy of the applicable zoning bylaws or ordinances;
2. the type of zoning exemption requested; and
3. a reason the zoning exemption is necessary for the CEIF Project. Zoning exemption
requirements shall be detailed by the Board in 980 CMR 13.00: EFSB Consolidated
Permit Application Guidance.
(c) If the Applicant requests a comprehensive zoning exemption, the Applicant shall
describe how such relief could avoid substantial public harm by serving to prevent a delay
or denial in the construction and operation of the proposed use.
(4) The zoning exemptions request shall be automatically consolidated with the Application for
a Consolidated Permit upon filing of the Application containing the zoning exemptions request.
See 980 CMR 1.09(2): Consolidation.