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The 191st General Court of the Commonwealth of Massachusetts


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 is hereby amended by inserting after section 4 the following 4 sections:-

Section 4A. The commission shall be 1 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 that town without a Development of Regional Economic Impact Permit, hereinafter referred to as DREIP, issued by majority vote of the commission. A DREIP shall be in addition to and not a substitute for, nor shall it 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 1 of the following minimum thresholds:

(1) 30,000 gross square feet of interior space in a single building or on a single lot for retail, manufacturing or industrial use;
(2) 40,000 square feet of exterior storage, exterior industrial use;
(3) 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
(4) any commercial or industrial use that requires more than 100 parking spaces as determined by the zoning by-law 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 14 days prior notice to the board of selectmen of the town of Nantucket of the time and place of such hearing; provided, however, that the rules and regulations shall not take effect except upon an affirmative vote of the town of Nantucket at a duly scheduled town meeting. The 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. The rules and regulations shall provide that the commission shall issue a DREIP upon making the following findings:

(1) the probable benefit of the proposed project will exceed the probable detriment;
(2) the proposed project is in compliance with any master plan adopted by the community pursuant to section 81D of chapter 41 of the General Laws or other authority; and
(3) 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 the town of Nantucket’s island location.

SECTION 2. This act shall take effect upon its passage.

Approved, July 28, 2011.