HOUSE DOCKET, NO. 4360 FILED ON: 5/22/2009
HOUSE . . . . . . . . . . . . . . . No. 1122
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act relative to amending the responsibilities of the Nantucket Planning and Economic Development Commission ..
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1.Chapter 561 of the Acts of 1973, as amended by chapter 98 of the Acts of 1981 and by Chapter 458 of the Acts of 1991, is hereby further amended by inserting the following new Sections immediately following the existing text of section 4 as follows:
Section 4A.The Commission shall be one of the Commonwealth’s regional planning agencies.
Section 4B.Certain developments of regional economic impact as hereinafter defined proposed to be constructed within the limits of the town of Nantucket shall not be constructed within such town without a Development of Regional Economic Impact Permit (“DREIP”) therefore issued by the Nantucket Planning & Economic Development Commission created by chapter 561 of the Acts of 1973 as amended, as a result of a majority vote of the membership thereof. A DREIP shall be in addition to and not a substitute for, nor in any way detract from, any permit, license, approval, or other permission issued by the Town of Nantucket or any other applicable governmental authority.
Section 4C.Developments of regional economic impact shall be those large-scale commercial and industrial developments that have the potential to impact the appearance, society and economy of the town of Nantucket that exceed any one of the following minimum thresholds:
(a) 30,000 gross square feet of interior space in a single building or on a single lot for retail, manufacturing, or industrial use;
(b) 40,000 square feet of exterior storage, exterior industrial use;
(c) Alterations to more than 5 acres of shore, beach, seacoast, pond, marsh, dune, woodland, grassland, heathland, wetland, endangered species habitat, aquifer, or other resource area for commercial or industrial use; or
(d) Any commercial or industrial use that requires more than 100 parking spaces as determined by the zoning bylaw of the Town of Nantucket.
Section 4D.The Commission shall by majority vote adopt rules and regulations for the issuance of a DREIP after a public hearing, with a minimum of fourteen days prior notice to the Town of Nantucket Board of Selectmen of the time and place of such hearing; provided however, such rules and regulations shall not take effect except upon an affirmative vote of the Town of Nantucket at a duly scheduled Town Meeting. Such rules and regulations shall include specific time lines for action by the Commission (including without limitation that the Commission shall file a written decision with the Town Clerk within 180 days of the Commission’s receipt of a complete application for the issuance of a DREIP), and standards and criteria to assess visual and environmental impacts, employment characteristics and requirements for municipal or regional services including solid waste disposal, water, sewer, tourist services and facilities, transportation and education. Such rules and regulations shall provide that the Commission shall issue a DREIP upon making the following findings:
(a) The probable benefit of the proposed project will exceed the probable detriment;
(b) The proposed project is in compliance with any master plan adopted by the community pursuant to Chapter 41-81D of the general laws of the Commonwealth, or other authority; and
(c) There are no practical, feasible or practicable options or alternatives that might otherwise be employed due to unique physical, social or economic conditions related to Nantucket’s island location.
SECTION 2.This Act shall take effect upon passage.