The Town of Sturbridge adopted the provisions of MGL Chapter 43D, Expedited Permitting, and has designated sites as priority development sites. These rules and regulations pertain specifically to those sites.
The following is a chronological step-by-step explanation of the permit process for designated priority development sites.
A. 
Technical Review Committee (TRC) - pre-application review. The Town Administrator will appoint the Town Planner ("Planner") as the single point of contact for the purpose of coordinating and facilitating the MGL c. 43D land use permitting process. The Planner will report directly to the Town Administrator.
No application for development permits or approvals for a Chapter 43D priority development site shall be submitted to any Issuing authority until a pre-application review has been conducted. It shall be the applicant's responsibility to contact the Planner in order to initiate the pre-application process. All pre-application meetings will be scheduled to occur during the Town's regular business hours and shall occur within 10 days of a written request, including requisite submittal materials, being filed with the Planner.
B. 
Technical Review Committee. The Town Administrator will appoint a Technical Review Committee (TRC) as a multi-agency coordinating body to assist applicants during the pre-application process as set forth below, assist with reviewing and determining the completeness of permit applications, assist the Board of Selectmen and applicable issuing authorities with Chapter 43D compliance and assist with resolving issues that arise during the permitting process. The TRC will include the Town Planner, Building Inspector, Director of the Department of Public Works, Conservation Commission agent, Health Agent, Fire Chief and Police Chief. Any department representative may recommend that other Town officials be included in the review process. The Town Planner shall serve as Chair of the TRC.
The TRC will adopt a monthly meeting schedule for meetings to be held during the regular work day. These meetings are staff-level review meetings and are not subject to the Open Meeting Law.
C. 
Pre-application reviews. Seven copies of a preliminary plan or concept plan, with as much detail as possible, must be submitted to the Town Planner at least one week prior to the pre-application review meeting. The TRC shall assist the applicant by identifying the permits and approvals required for the project; identifying the submission requirements for each issuing authority; and identifying a planned sequence of submissions to individual issuing authorities and timetables, where appropriate. Staff will review the applicant's development application submittal materials in an attempt to avoid unnecessary deficiencies and promote efficiency in the formal review and hearing process. Staff will review an application for its thoroughness and completeness; however, it is the responsibility of the applicant to ensure all materials are complete, thorough and accurate.
The applicant shall attend the pre-application review meeting. Additionally, the TRC may request that the applicant's engineer (or other appropriate representative) be present for this meeting in order to address concerns, answer questions or provide insight as may facilitate the review process.
Upon completion of the meeting, the Chairman of the Technical Review Committee shall prepare a summary report outlining the issues discussed, permits to be obtained, the submission requirements for each issuing authority, a planned sequence of submissions to each issuing authority and a timetable, where appropriate, identifying any permits or approvals that will require action prior to other permits or approvals. This report will be forwarded to the project proponent and to all issuing authorities that have jurisdiction over the project, as well as to the Board of Selectmen, within 14 days of the conclusion of the meeting.
A. 
Submit a master application to the Town Planner. Both the applicant and the landowner must sign the master application form ("application"). The application must be accompanied by the required filing fee and 20 copies of all plans and supporting documentation for determination of completeness prior to submission to the Town Clerk for certification. Failure to file all required material, including all signatures, plans, copies and fees, shall render the application incomplete.
The application shall include, at a minimum:
(1) 
Complete applications for all permits or approvals required from any and all issuing authorities, unless the summary report includes a phased submission process, in which case the complete applications for all first-phase permits shall be submitted at the time of submission of the application;
(2) 
A certification of the applicant's intent to submit each remaining application for any other permit or approval included in the summary report within the timetables established in that summary report, signed by the applicant;
(3) 
A complete copy of the summary report, signed by the applicant. This signed copy of the summary report shall constitute the applicant's written acceptance of, and agreement to adhere to, the contents of the summary report, including timetables;
(4) 
A Chapter 43D filing fee in the amount of $500 has been established by the Town for applications on a priority development site (PDS), in addition to the application fees payable to any issuing authority subject to Chapter 43D;
(5) 
Development impact statement;
(6) 
A certified abutters list; and
(7) 
A certification by the applicant as to the completeness of the application.
No application for any permit or approval shall be filed individually with any issuing authority or with the Town Clerk until such time as the Planner has determined the application to be a complete submission in accordance with Step 3 below.
B. 
Waiver from submittal requirements. In the event an applicant seeks a waiver from the submittal requirements, the applicant shall submit a written request that the requirement be waived. Such request shall include a regulatory or procedural reference identifying the submittal item from which the waiver is sought, a clear and concise description of any alternative submittal (if applicable) and a clear expression of the public benefit to be realized from the requested waiver. The completed request shall be submitted to the Planner, who will refer it to the appropriate jurisdictional body within one week of receipt.
If an issuing authority grants the requested waiver, or conditionally grants it, the issuing authority shall issue a written decision of such within 14 days of said action. Said written decisions shall be submitted with the application materials in order to demonstrate compliance with the applicable submittal provision. If a waiver is not granted, the required materials shall be submitted. Failure to submit all required materials shall be cause for disapproval of an application.
C. 
Determination of completeness.
(1) 
Upon receipt of the application, the TRC shall review the application for completeness. No later than 20 business days from the date of receipt of the application, the Chairman of the TRC shall notify the applicant and the Board of Selectmen of one of the following determinations:
(a) 
A determination of completeness shall be made if the TRC determinates that the master application as submitted by the applicant is complete; or
(b) 
A determination of incompleteness shall be made if the TRC determines that the master application requires additional information, in which case the TRC shall notify the applicant, in writing, of the additional information the applicant must submit in order for the issuing authority(ies) to review and act upon the application.
(2) 
Upon receipt of the additional information required by the Planner as described above or receipt of a resubmitted application, the TRC shall conduct a review and notify the applicant and Board of Selectmen within 20 business days, in writing, whether any additional information is required.
(3) 
No later than one business day following the date that the Planner sends a determination of completeness to the applicant and the Board of Selectmen, permit applications to any issuing authority contained within the application shall be filed with the Town Clerk and appropriate issuing authorities.
(4) 
The 180-day period for a decision on all required permits and approvals shall commence as required under Chapter 43D and 400 CMR 2.08, as of the date of the determination of completeness.
(5) 
Failure of the Chairman of the Technical Review Committee to notify the applicant of the completeness review above within 20 business days shall cause the application to be deemed complete.
(6) 
If the applicant is required to provide additional information and does not furnish the same within 90 calendar days, the application shall be considered withdrawn and the Board of Selectmen shall notify the interagency permitting board that the permitting process has been discontinued.
(7) 
All notifications described herein shall be sent to the applicant by certified mail, return receipt requested.
(8) 
The submission requirements and procedures for permits issued by the applicable issuing authority shall be in accordance with these regulations and the rules and regulations of the issuing authority.
A. 
Public hearing/informational meeting. Within 30 days after an application is determined to be complete, the issuing authority to which application is made will schedule a public hearing or, if no public hearing is required for the permit process, an informational meeting. Public notice of said hearing/meeting shall be in accordance with MGL c. 40A, § 11. Notice shall be sent by regular first class mail to abutters, the Sturbridge Planning Board and the Planning Board of every abutting city or town.
At any time prior to a decision of the Town, the applicant may submit a written request to withdraw a submission to the relevant regulatory bodies and to the Chairman of the Technical Review Committee. Both the Chairman of the Technical Review Committee and the relevant regulatory bodies shall acknowledge the withdrawal in writing with a copy delivered to the applicant and filed with the Town Clerk. Fees are not refundable; the filing of an application at a later time shall require the submittal of all applicable materials, including all plans, forms and fees.
Each issuing authority shall review the application independently and hold separate technical review public hearings. In addition, issuing authorities may, by mutual agreement and with the consent of the applicant, conduct a joint public hearing in order to consolidate the hearing process.
In preparation to act on the master application, criteria for evaluation shall include, but not be limited to, the following:
(1) 
Completeness and technical adequacy of all submissions;
(2) 
Determination that development at this location conforms to the purpose of the Zoning Bylaw, which includes promoting and conserving the health and general welfare of the inhabitants of the Town; to secure safety from fire, confusion or congestion; to facilitate the adequate provision of transportation, water, sewerage and other public services; to avoid undue concentrations of population; to guide development of housing; to encourage the most appropriate patterns of land use; and to increase the desirability of the Town as a place to live and work;
(3) 
Conformity with the requirements of these rules and compliance with the Zoning Bylaw and any other applicable bylaws and regulations;
(4) 
Determination, based upon the development impact statement, that the project, as designed, will not cause substantial and irreversible damage to the environment, which damage could be avoided or ameliorated through an alternative development plan.
B. 
Action required within 180 days.
(1) 
Each issuing authority shall file a written decision with the Town Clerk within seven days after the public hearing and within 180 days beginning the day after notification of completeness. Failure of any Town department to take action within 180 days of the acceptance of a complete application shall be deemed approval with a very limited number of exceptions as provided by law.
(2) 
Within one day after the filing of all issuing authority decisions with the Town Clerk, or after the expiration of 180 days of the acceptance of a complete application, whichever occurs first, the Planner shall issue a combined notification letter to the applicant, with a copy to the Board of Selectmen, notifying the applicant of the filing of all issuing authority decisions and of the failure of any issuing authority to file a decision.
C. 
Previously unidentified permits/approvals.
(1) 
The Board of Selectmen may extend the 180-day period if it determines that an additional permit or approval is required and that such permit or approval was not identified in the original summary report, provided that such a determination is made within 150 days following the determination of completeness.
(2) 
The Board of Selectmen shall notify the applicant of the additional permit or approval by certified mail, and transmit a copy of the notice to the interagency permitting board (400 CMR 2.09). The extension period shall not exceed the greater of 30 days. (1) the date of the notice to the applicant or (2) the close of the public hearing on such additional permit application, where a public hearing a comment period is required by law.
D. 
Extensions of time. The 180-calendar-day review period may be extended when an issuing authority determines that:
(1) 
Action by another federal, state or municipal government agency, not subject to MGL c. 43D, is required before the issuing authority may act;
(2) 
Pending judicial proceedings affect the ability of the issuing authority or applicant to proceed with the application;
(3) 
Enforcement proceedings that could result in revocation of an existing permit for that facility or activity or denial of the application have been commenced, in accordance with 400 CMR 2.09.
E. 
Permit modifications. The applicant may request a permit modification if deemed necessary (400 CMR 2.10). Written permit modification requests are to be submitted to the issuing authority. The applicant shall be informed within 20 business days of receipt of a request whether the modification is approved, denied, determined to be substantial or requires additional information for the issuing authority to issue a decision. If additional information is required, the issuing authority shall inform an applicant by certified mail within 20 business days after receipt of the required additional information whether the modification is approved or denied or that further additional information is required by the issuing authority in order to render a decision.
The Board of Selectmen may assist any local issuing authority with requesting an extension from the interagency permitting board if substantial modifications have been made to a proposed development since the submission of the application, and such modifications make it infeasible for the issuing authority to act within the required 180-day decision period (400 CMR 2.09)
F. 
Appeals. Appeals of an issuing authority's decision or from an automatic grant of approval shall be filed within 20 calendar days after the last permitting decision has been rendered or within 20 calendar days after the conclusion of the 180-day period, whichever is later. The 180-day period shall be increased by the number of days in any extension granted under 400 CMR. (Please refer to 400 CMR 2.13, Appeals, for a full description of appeals.)
Permits issued pursuant to MGL c. 43D shall expire five years from the date of the expiration of the applicable appeal period unless exercised sooner (400 CMR 2.14). Where permits cover multiple buildings and/or parcels, commencement and continuation of construction of one building shall prevent expiration of all permits on that site. The applicant is responsible for applying for required state and federal permits.
Chapter 43D requires that MEPA and the Massachusetts Historical Commission reviews shall conclude within 120 calendar days of a state determination of completeness of required review materials. The reviews are conducted concurrent to the 180-day municipal review period. The Secretary of Energy and Environmental Affairs and the State Secretary shall establish time frames for all required filings and additional filings by the applicant in order to comply with this section. In the event an applicant fails to comply with all relevant time frames, the time shall be suspended until the applicant files the required documents.
Post-Approval Development Steps 6 through 9 are NOT subject to the 180-day period for issuance of permits. See 400 CMR 2.03 for a definition of "permit" describing which permits are affected by Chapter 43D.
1. 
Registry of Deeds. Depending on the type of permit, the applicant may be required to record the permit(s) at the Registry of Deeds following the specified appeal period required for special permits, variances and orders of conditions. Permits shall not transfer automatically to successors in title, unless the permit expressly allows the transfer without the approval of the issuing authority.
2. 
Apply to the Building Inspector for a building permit. Upon receiving all necessary permits, approvals and licenses from regulatory bodies, boards and commissions and any necessary state and federal approvals, the applicant should submit them to the proper regulatory authority before applying for a building permit. Please be aware that building permits issued by the Building Inspector are NOT affected by Chapter 43D and are NOT subject to the 180-day period for issuance of permits.
3. 
Schedule required inspections. The applicant is required to schedule all required inspections through the applicable Issuing Authority during construction. These inspections are NOT affected by Chapter 43D and are NOT subject to the 180-day period for issuance of permits. These can include, but are not limited to: electric, gas, building, plumbing, elevators, wetlands, water, sewer, stormwater and road opening.
4. 
Apply for a certificate of compliance (if necessary), occupancy permit, and certificate of completion. Upon completion of construction, the applicant shall apply to the Conservation Commission for a certificate of compliance for projects involving wetlands, for a certificate of completion for site work including roads and utilities, and to the Building Inspector for an occupancy permit. The Conservation Commission should be notified prior to the issuance of a certificate of occupancy. These are NOT affected by Chapter 43D and are NOT subject to the 180-day period for issuance of permits.
This policy/process is a product of the Town's expedited permitting efforts, and is made possible in large part by a grant from the Commonwealth's 43D Program.