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The Permit Extension Act
Page 1 of 4
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9 Home > Initiatives > Executive Office of Housing and Economic... > MPRO > The Permit Extension Act
The Permit Extension Act
Frequently Asked Questions- Updated September 18, 2012
This page provides answers to frequently asked questions about the permit extension act as it affects permits issued by state agencies. It is not
intended to provide guidance with respect to permits issued by a municipality.
WHAT IS THE PERDHT ExTENSION ACT?
The Permit Extension Act was created by Section 173 of Chapter 240 of the Acts of 2010 and extended by Sections 74 and 75 of Chapter 238 of the
Acts of 2012. The purpose of this act is to promote job growth and long-term economic recovery and the Permit Extension Act furthers this purpose
by establishing an automatic four-year extension to certain permits and licenses concerning the use or development of real property. With limited
exceptions, the Act automatically extends, for four years beyond its otherwise applicable expiration date, any permit or approval tbat was "in effect
or existence" during the qualifying period beginning on August 15, 2008 and extending through August 15, 2012.
WHAT TYPES OF APPROVALS ARE INCLUDED IN THIS ACT?
The Act applies to regulatory approvals issued by local, regional or state entities that concern the use or development of real property. "Approval'
is defined broadly to include any permit, certificate, license, certification, determination, exemption, variance, waiver, building permit, or other
approval or determination of rights, and any order, except for enforcement orders.
DOES THIS EXTENSION APPLY ONLY TO STATE -ISSUED PERMITS?
No, this extension applies to all qualifying permits issued by any municipal, regional, or state entity.
THE ACT REFERS TO A LIST OF STATUTES. DOES THE ACT COVER APPROVALS UNDER OTHERSTATUTES?
Yes. While the definition of "Approval' includes a particular list of statutes, it is not an exclusive list of all statutes affected by this Act. As such, the
Act applies to all regulatory approvals concerning the use or development of real property, except those expressly exempted.
ARE ANY TYPES OF APPROVALS EXEMPTED FROM THIS STATUTE?
Yes. The following approvals are expressly exempted and therefore are NOT covered by the Act:
• Permits or approvals issued by the Federal government, or by a state agency issued pursuant to federal law
• Permits issued under sections 20 to 23 of Chapter 40B
• Hunting, fishing and aquaculture approvals issued by the Division of Fisheries and Wildlife under Chapterl31
• Enforcement orders.
ARE PRE -DEVELOPMENT ACTIVITIES CONSIDERED APPROVALS?
No. Use or development of real property concerns buildings or structures, or site work specifically associated with the development of buildings or
structures, rather than pre -development activities such as oil or hazardous material cleanup. Even though such actions may be deemed a precondition
to making real property suitable for use or development, pre -development activities that are independently undertaken outside of the context of a
larger development project are not covered by the Act.
DOES THIS STATUTE APPLY TO PROPERTY RIGHTS GRANTED TO THIRD PARTIES TO USE STATE OWNED PROPERTIES?
No. The Act does not apply to the property rights issued by the Commonwealth in its role as a landowner and as such does not apply to easements,
leases, licenses for the use of property (except to the extent that a license may authorize the use or development of property, such as in the case of a
license issued under Chapter 91 or a curb cut permit), and/or conservation or agricultural restrictions.
IS THE 4 YEAR EXTENSION AUTOMATIC?
Yes. The four year extension authorized by the Act is automatic, meaning it occurred by operation of law. Neither the permit holder nor the issuing
agency needs to take action to implement the extension.
DOES A PERMIT OR APPROVAL EXTENDED BY THE ACT REQUIRE ANY FURTHER REVIEW?
No, unless the permit or approval by its terms called for such further review when in effect during the qualifying peri . Permits or approvals issued
prior to the qualifying period and in effect at any time during the qualifying period, and permits or approvals issued during the qualifying period
have completed review and are valid for four additional years from the original date of expiration.
WHAT IS THE NEN EXPIRATION DATE?
The new expiration date is four years from time date that otherwise marked the end of the lawful term of the permit or approval. For example, a
permit that expired on September 1, 2009 is now revived and will expire on September 1, 2013.
ARE ISSUING AGENCIES REQUIRED TO ISSUE WRITTEN NOTICES OF EXTENSION TO APPROVAL HOLDERS?
http://www.n-lass.gov/hed/economic/cohed/pro/zoning-laws/permit-extension-act.html 3/14/2014
The Permit Extension Act
Page 2 of 4
No. The Act does not require issuing agencies to provide written notice of extension and all approval holder does not need written notice of
extension of its permit or approval. However, an issuing agency may post a general notice of the Act on its website and may issue a standard notice
of extension eligibility to approval holders who request a document for financing or other purposes.
DOES THE ACT APPLY TO BUILDING PERMITS?
Yes. Any building permit issued or in effect between August 15, 2008 and August 15, 2012 has been extended by four years from the date on which
the permit was otherwise set to expire.
DOES THE ACT APPLY TO MASSACHUSETTS ENVIRONMENTAL POLICY ACT (MEPA) DECISIONS, CERTIFICATES OR WAIVERS?
Yes. Certificates issued pursuant to NEPA are specifically listed in the definition of "Approval" included in the Act. Therefore, Certificates that
were issued or were in effect between August 15, 2008 and August 15, 2012 will have four additional years before a "Lapse of Time" will have
occurred triggering either a Notice of Project Change or a new Environmental Notification Form (See 301 CMR 11.10).
ASIDE FROM THE 4 YEAR EXTENSION, HAS THE PERMITTING OR CONSTRUCTION PROCESS OTHERWISE BEEN CHANGED BY THE ACT?
No.
WHAT IF I SUBMITTED AN APPLICATION FOR A PERMIT DURING THE QUALIFYING PERIOD, BUT IT WAS NOT ISSUED UNTIL AFTER THE
PERIOD HAD PASSED?
The permit does not qualify for extension. The Act only extends permits that were issued or already in effect at any point (e.g., even for one day)
during the qualifying period.
WHAT IF A PERMIT WAS ISSUED BY A BUILDING OFFICIAL DURING THE QUALIFYING PERIOD, BUT NEVER PICKED UP BY THE APPLICANT?
If the permit was issued and never revoked, it qualifies for the extension regardless of whether it was ever picked up.
WHAT IF I RECEIVED A PARTIAL BUILDING PERMIT DURING THE QUALIFYING PERIOD, BUT NOT A PERMIT FOR THE REST OF THE
PROJECT?
Only the permit that was issued or was already in effect is eligible for the four year extension. For instance, if a foundation permit was issued during
the qualifying period, but other permits for time remainder of the project were issued outside of the qualifying period, only the foundation permit is
extended. No approvals or penmmits that were not either issued or already in effect during the qualifying period are eligible for automatic extension.
DOES THE ACT APPLY TO A PERMIT THAT EXPIRED DURING THE QUALIFYING PERIOD?
Yes, the Act revives and extends any permit or approval that was valid during the qualifying period of August 15, 2008 through August 15, 2012.
For instance, a permit that expired on July 1, 2009 is now revived and set to expire on July 1, 2013.
DOES THE ACT APPLY TO A PERMIT OR APPROVAL THAT WAS NOT DUE TO EXPIRE UNTIL ATTER THE QUALIFYING PERIOD?
Yes. The Act provides an additional four years to the original "lawful term of the permit" or approval. If a permit or approval was due to expire on
September 1, 2011, it will now automatically expire on September 1, 2015.
DOES THE ACT APPLY TO A PERMIT THAT HAD AN EXPIRATION DATE THAT FELL WITHIN THE QUALIFYING PERIOD BUT HAS BEEN
ADMINISTRATIVELY CONTINUED PAST AUGUST 15, 2012, PURSUANT TO A TIMELY APPLICATION FOR RENEWAL?
Yes. The Act applies to any permit or approval valid during the qualifying period and extends the permit or approval four years in addition to the
"lawful term of the approval."
DOES THE ACT EXTEND THE TERM OF A PERMIT THAT WAS REVOI ED DURING THE QUALIFYING PERIOD?
No. The Act applies to permits or approvals that were "in effect or existence" during the qualifying period. Any permits or approvals that were
revoked during the qualifying period were not in effect or existence for the purposes of this Act. The Act expressly preserves an issuing agency's
authority to suspend or revoke an approval in accordance with the terms of approval itself, or the authorizing statute or regulations.
DOES THE ACT APPLY TO A PERMIT THAT EXPIRED PRIOR TO THE QUALIFYING PERIOD, BUT WHICH HAD BEEN EXTENDED BY THE ISSUING
AGENCY?
Yes, provided the extension resulted in the permit being "in effect" during the qualifying period; if the permit application was pending but not
granted during the qualifying period it was not "in effect or existence" for purposes of the Act. For example, a permit that was set to expire on
January 31, 2007, but which was lawfully extended for three years by the issuing authority (until January 31, 2010), would now be set to expire on
January 31, 2014.
IF MY PERMIT WAS EXTENDED BY THE AGENCY DURING THE QUALIFYING PERIOD, SUCH THAT I HAD TIVO VALID PERMITS FOR THE SAME
PROJECT, ARE BOTH EXTENDED?
While both permits may technically be extended, they would run concurrently, such that the four year extension on the second permit would be the
controlling and relevant deadline. For example, if your permit were due to expire on August 15, 2009, and you applied for and received a one year
extension until August 15, 2010, your new permit deadline would be August 15, 2014.
CAN AN AGENCY REVOKE OR SUSPEND A PERMIT OR APPROVAL TO AVOID THE 4 YEAR EXTENSION?
No. Ami issuing agency must have an independent reason authorized by the terms of time permit, the statute or the regulation to revoke or to suspend a
permit.
DOES THE ACT REVIVE PERMITS THAT EXPIRED DURING THE QUALIFYING PERIOD WHERE A REQUEST FOR AN EXTENSION OR RENEWAL
WAS ALREADY DENIED?
Yes. Time Act only preserves certain rights of an agency to suspend or to revoke an approval. Even if an extension had been previously denied, the
permit or approval is revived by the Act. However, a permitting authority retains its rights to revoke or modify a permit to the extent authorized
permitted by the underlying permit, statutory or regulatory authority.
http://www.mass.gov/hed/economic/eohed/pro/zoning-laws/permit-extension-aci.html 3/14/2014
The Permit Extension Act
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CAN THE ISSUING AGENCY CONDITION THE EXTENSION TO CORRECT PROBLEMS, ERRORS, AND/OR PROJECT CHANGES SINCE THE PERMIT
EXPIRED?
No. The extension is automatic and no conditions can be placed on the extension. The Act automatically changes the expiration date of a qualifying
approval. Any work that takes place tinder an extended permit or approval must conform to the existing performance standards. However, an
issuing agency may modify the conditions of the extended permit or approval if the underlying statutory or regulatory authority would allow such
modification.
CAN THE ISSUING AGENCY MODIFY A PERMIT OR APPROVAL TO CORRECT PROBLEMS, ERRORS, AND/OR PROJECT CHANGES SINCE THE
PERMIT EXPIRED?
Yes. The Act preserves the issuing agency's authority to modify an approval if the underlying statutory, or regulatory authority would allow a
modification to correct problems, errors, or project changes. Any work that takes place under an extended permit or approval must conform to
performance standards otherwise applicable to the permit as originally granted or previously extended.
DOES THE ISSUING AGENCY'S AUTHORITY TO MODIFY A PERMIT INCLUDE REVISING A WETLAND RESOURCE DELINEATION?
Yes. The Act preserves the issuing agency's authority to modify an approval ifthe underlying statutory or regulatory authority would allow a
modification to correct problems, errors, or project changes. Any work that takes place under an extended permit or approval must conform to
performance standards otherwise applicable to the permit as originally granted or previously extended.
CAN A WETLAND RESOURCE DELINEATION WHICH HAS BEEN EXTENDED BY THE PERMIT EXTENSION ACT BE AMENDED?
Yes. Where the most recent governing wetland's approval (Determination of Applicability, Order of Resource Delineation or Order of Conditions)
was extended by the PEA, a property owner or the owner's agent may file a request to amend the associated wetland delineation, provided that the
request can only be submitted after the date the governing approval would have expired in the absence of the Permit Extension Act.
CAN THE ISSUING AGENCY TAKE ENFORCEMENT ACTION TO ADDRESS NONCOMPLIANCE?
Yes. The Act upholds the issuing agency's enforcement authority.
DOES THE ACT AFFECT MITIGATION THAT WAS REQUIRED AS A CONDITION OF MY PERMIT?
No. Any and all conditions that applied to the permit or approval extended by the Act continue to apply.
IS ANYTHING OTHER THAN THE EXPIRATION DATE OF MY PERMIT OR APPROVAL CHANGED BY THE ACT?
No. A permit or approval is subject to the same substantive terms that applied when it was issued by the agency, except that any interim deadlines
established by the permit are extended for four years. Pennits or approvals can be modified carder the same terms that were originally contained in
tine permit or approval or that are authorized by the underlying statute or regulations.
IF WORI{ UNDER A PERMIT OR APPROVAL REQUIRES OTHER PERMITS, ARE THEY ALSO AUTOMATICALLY EXTENDED?
If such permits or approvals are covered by the Act and were issued or already in effect during the qualifying period, they would also be extended.
IF AN APPROVAL HOLDER IS IN VIOLATION, DOES THE ACT EXTEND THE PERMIT OR APPROVAL?
Yes, but the issuing agency can take appropriate enforcement action if a violation has occurred. The Act does not alter other substantive provisions
of the pen -nit or approval, or the authority of the issuing agency under which it was issued.
WHAT IF A PERMIT WAS ISSUED DURING THE QUALIFYING PERIOD BUT WAS SUBJECT TO AN ADMINISTRATIVE APPEAL?
A pennit or approval that was pending adjudicatory appeal during the qualifying period is not extended because it is not a final permit or approval
and as such is not "in effect or existence."
However, if the administrative appeal that prevented the permit or approval from taking effect was resolved and a final permit was issued during time
qualifying period, it is a permit in effect or existence and is entitled to the four year extension. If the administrative appeal is resolved and a final
pennnit is issued after the qualifying period, the final permit is not entitled to the four year extension.
WHAT IF A PERMIT WAS ISSUED DURING THE QUALIFYING PERIOD BUT IS NOW PENDING JUDICIAL APPEAL?
As with any permit pending judicial appeal, it is subject to the court's ultimate decision. If permit that would qualify for the extension is pending
appeal, and the court upholds time permit, the permit will qualify for an extension. There is no need for an extension if the court invalidates the
permit.
WHAT IF A PERMIT WAS ISSUED DURING THE QUALIFYING PERIOD BUT WAS APPEALED TO COURT AND THE COURT'S DECISION
UPHOLDING THE PERMIT WAS NOT ISSUED UNTIL AFTER THE QUALIFYING PERIOD?
Because the permit was issued during the qualifying period, it was in effect or existence during the qualifying period and qualifies for an extension.
IS THERE ANY REASON WHY A PERMIT OR APPROVAL EXTENDED PURSUANT TO THE ACT WOULD NOT BE ELIGIBLE FOR FUTURE
EXTENSIONS PURSUANT TO THE STATUTES AND REGULATIONS THAT APPLY TO THAT PERMIT OR APPROVAL?
No. Such permits would be subject to any substantive provision ofthe underlying statutes or regulations.
CAN AN APPROVAL HOLDER REFUSE AN EXTENSION?
No. If the Act applies to a permit or approval, it is automatically extended. However, an approval holder can surrender its approval tinder tine same
terms and conditions of that permit or approval that it could absent the Act.
WHAT EDITION OF THE STATE BUILDING CODE (780 CMA) IS A PROJECT PROCEEDING UNDER AN EXTENDED PERMIT SUBJECT TO?
A project should proceed in accordance with the edition of the State Building Code under which the permit was issued.
http://www.Inass. govlhedleconomic/eohed/pro/zoning-laws/permit-extension-act.html 3/14/2014
" The Permit Extension Act
Page 4 of 4
UNDERSTANDING THAT CHAPTER 40B PERAIITS ARE EXEMPT FRONT THIS ACT, ARE THE NON -40B PERMITS ASSOCIATED WITH A 40B
PROJECT (SUCH AS WETLANDS PERMITS, ETC.)EXTENDED?
Yes. Only permits issued under sections 20 to 23 of Chapter 40B are not extended. All other permits associated with the project are extended.
ARE 40R PAYMENTS OR THE CLAWBACK OF ZONING INCENTIVE FUNDS EXTn, NDED?
No. The Act applies only to the use or development of real property and does not extend Chapter 40R incentive payments.
Permit Extension Act FAO rj
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http://www.mass.govlhed/economic/eohed/pro/zoning-laws/permit-extension-act.html 3/14/2014
i
THE PERMIT EXTENSION ACT
NOVEMBER 2010
FREQUENTLY ASKED QUESTIONS
This document provides answers to frequently asked questions about the permit extension act as
it affects permits issued by state agencies. It is not intended to provide guidance with respect to
permits issued by a municipality.
WHAT IS THE PERMIT EXTENSION ACT?
The Permit Extension Act was created by Section 173 of Chapter 240 of the Acts of 201.0. The
purpose of this act is to promote job growtli and long-term economic recovery and the Permit
Extension Act furthers this purpose by establishing an automatic two-year extension to certain
permits and Iicenses concerning the use or development of real property. With Iimited
exceptions, the Act automatically extends, for two years beyond its otherwise applicable
expiration date, any permit or approval that was "in effect or existence" during the qualifying
period beginning on August 15, 2008 and extending through August 15, 2010.
WHAT TYPES OF APPROVALS ARE INCLUDED IN THIS ACT?
The Act applies to regulatory approvals issued by local, regional or state entities that concern the
use or development of real property. "Approval" is defined broadly to include any permit,
certificate, license, certification, determination, exemption, variance, waiver, building permit, or
other approval or determination of rights, and any order, except for enforcement orders.
DOES THIS EXTENSION APPLY ONLY TO STATE -ISSUED PERMITS?
No, this extension applies to all qualifying permits issued by any municipal, regional, or state
entity.
THE ACT REFERS TO A LIST OF STATUTES. DOES THE ACT COVER APPROVALS UNDER OTHER
STATUTES?
Yes. While the definition of "Approval" includes a particular list of statutes, it is not an exclusive
list of all statutes affected by this Act. As such, the Act applies to all regulatory approvals
concerning the use or development of real property, except those expressly exempted.
ARE ANY TYPES OF APPROVALS EXEMPTED FROM THIS STATUTE?
Yes. The following approvals are expressly exempted and therefore are NOT covered by the Act:
■ Permits or approvals issued by the Federal government, or by a state agency issued pursuant
to federal law
• Permits issued under sections 20 to 23 of Chapter 40B
■ Idunting, fishing and aquaculture approvals issued by the Division of Fisheries and Wildlife
under Chapter 131
• Enforcement orders.
ARE PRE -DEVELOPMENT ACTIVITIES CONSIDERED APPROVALS?
No. Use or development of real property concerns buildings or structures, or site work
specifically associated with the development of buildings or structures, rather than pre -
development activities such as oil or hazardous material cleanup. Even though such actions may
be deemed a precondition to making real property suitable for use or development, pre-
r
THE PERMIT EXTENSION ACT
NOVEMBER 2010
development activities that are independently undertaken outside of the context of a larger
development project are not covered by the Act.
DOES THIS STATUTE APPLY TO PROPERTY RIGHTS GRANTED TO THIRD PARTIES TO USE STATE
OWNED PROPERTIES?
No. The Act does not apply to the property rights issued by the Commonwealth in its role as a
landowner and as such does not apply to easements, leases, licenses for the use of property
(except to the extent that a license may authorize the use or development of property, such as in
the case of a license issued under Chapter 91 or a curb cut permit), and/or conservation or
agricultural restrictions.
IS THE 2 YEAR EXTENSION AUTOMATIC?
Yes. The two year extension authorized by the Act is automatic, meaning it occurred by
operation of law. Neither the permit holder nor the issuing agency needs to take action to
implement the extension.
DOES A PERMIT OR APPROVAL EXTENDED BY THE ACT REQUIRE ANY FURTHER REVIEW?
No, unless the permit or approval by its terms called for such further review when in effect
during the qualifying period. Permits or approvals issued prior to the qualifying period and in
effect at any time during the qualifying period, and permits or approvals issued during the
qualifying period have completed review and are valid for two additional years fi-om the original
date of expiration.
WHAT IS THE NEW EXPIRATION DATE?
The new expiration date is two years from the date that otherwise marked the end of the lawful
term of the permit or approval. For example, a permit that expired on September 1, 2009 is now
revived and will expire on September 1, 2011.
ARE ISSUING AGENCIES REQUIRED TO ISSUE WRITTEN NOTICES OF EXTENSION TO APPROVAL
HOLDERS?
No. The Act does not require issuing agencies to provide written notice of extension and an
approval holder does not need written notice of extension of its permit or approval. However, an
issuing agency may post a general notice of the Act on its website and may issue a standard
notice of extension eligibility to approval holders who request a document for financing or other
purposes.
DOES THE ACT APPLY TO BUILDING PERMITS?
Yes. Any building permit issued or in effect between August 15, 2008 and August 15, 2010 has
been extended by two years from the date on which the permit was otherwise set to expire.
DOES THE ACT APPLY TO IVIASSACHUSETTS ENVIRONMENTAL POLICY ACT (MEPA)
DECISIONS, CERTIFICATES ORWAIVERS?
Yes. Certificates issued pursuant to MEPA are specifically listed in the definition of "Approval"
included in the Act. Therefore, Certificates that were issued or were in effect between August
15, 2008 and August 15, 2010 will have two additional years before a "Lapse of Time" wil I have
F
THE PERMIT EXTENSION ACT
NOVEMBER 2010
occurred triggering either a Notice of Project Change or a new Environmental Notification Form
(See 301 CMR 11.10).
ASIDE FROM THE TWO YEAR EXTENSION, HAS THE PERMITTING OR CONSTRUCTION PROCESS
OTHERWISE BEEN CHANGED BY THE ACT?
No.
WHAT IF I SUBMITTED AN APPLICATION FOR A PERMIT DURING THE QUALIFYING PERIOD, BUT
IT WAS NOT ISSUED UNTIL AFTER THE PERIOD HAD PASSED?
The permit does not qualify for extension. The Act only extends permits that were issued or
already in effect at any point (e.g., even for one day) during the qualifying period.
WHAT IF A PERMIT WAS ISSUED BY A BUILDING OFFICIAL DURING THE QUALIFYING PERIOD,
BUT NEVER PICKED UP BY THE APPLICANT?
If the permit was issued and never revoked, it qualifies for the extension regardless of whether it
was ever picked up.
WHAT IF I RECEIVED A PARTIAL BUILDING PERMIT DURING THE QUALIFYING PERIOD, BUT NOT
A PERMIT FOR THE REST OF THE PROJECT?
Only the permit that was issued or already in effect is eligible for the two year extension. For
listance, if a foundation permit was issued during the qualifying period, but other permits for the
remainder of the project were issued outside of the qualifying period, only the foundation permit
is extended. No approvals or permits that were not either issued or already in effect during the
qualifying period are eligible for automatic extension.
DOES THE ACT APPLY TO A PERMIT THAT EXPIRED DURING TIIE QUALIFYING PERIOD?
Yes, the Act revives and extends any permit or approval that was valid during the qualifying
period of August 15, 2008 through August 15, 2010. For instance, a permit that expired on July
1, 2009 is now revived and set to expire on July 1, 2011.
DOES THE ACT APPLY TO A PERbIIT OR APPROVAL THAT WAS NOT DUE TO EXPIRE UNTIL AFTER
THE QUALIFYING PERIOD?
Yes. The Act provides an additional two years to the original "lawfiil term of the permit" or
approval. If a permit or approval was due to expire on September 1, 2011, it will now
automatically expire on September 1, 2013.
DOES THE ACT APPLY TO A PERMIT THAT HAD AN EXPIRATION DATE THAT FELL WITHIN THE
QUALIFYING PERIOD BUT HAS BEEN ADMINISTRATIVELY CONTINUED PAST AUGUST 15, 2010,
PURSUANT TO A TIMELY APPLICATION FOR RENEWAL?
Yes. The Act applies to any permit or approval valid during the qualifying period and extends
the permit or approval two years in addition to the "lawful term of the approval."
DOES THE ACT EXTEND THE TERM OF A PERMIT THAT WAS REVOKED DURING THE QUALIFYING
PERIOD?
No. The Act applies to permits or approvals that were "in effect or existence" during the
qualifying period. Any permits or approvals that were ]-evoked during the qualifying period were
THE PERMIT EXTENSION ACT
NOVEMBER 2010
not in effect or existence for the purposes of this Act. The Act expressly preserves an issuing
agency's authority to suspend or revoke an approval in accordance with the terms of approval
itself, or the authorizing statute or regulations.
DOES THE ACT APPLY TO A PERMIT THAT EXPIRED PRIOR TO THE QUALIFYING PERIOD, BUT
WMCH HAD BEEN EXTENDED BY THE ISSUING AGENCY?
Yes, provided the extension resulted in the permit being "in effect" during the qualifying period;
if the permit application was pending but not granted during the qualifying period it was not "in
effect or existence" for purposes of the Act. For example, a permit that was set to expire on
January 31, 2007, but which was lawfully extended for three years by the issuing authority (until
Januaiy 31, 2010), would now be set to expire on January 31, 2012.
IF MY PERMIT WAS EXTENDED BY THE AGENCY DURING THE QUALIFYING PERIOD, SUCH THAT I
HAD TWO VALID PERMITS FOR THE SAME PROJECT, ARE BOTH EXTENDED?
While both permits may technically be extended, they would run concurrently, such that the two
year extension on the second permit would be the controlling and relevant deadline. For
example, if your permit were due to expire on August 15, 2009, and you applied for and received
a one year extension until August 15, 2010, your new permit deadline would be August 15, 2012.
CAN AN AGENCY REVOKE OR SUSPEND A PERMIT OR APPROVAL TO AVOID TETE 2 YEAR
EXTENSION?
No. An issuing agency must have an independent reason authorized by the terms of the permit,
the statute or the regulation to revoke or to suspend a permit.
DOES THE ACT REVIVE PERMITS THAT EXPIRED DURING THE QUALIFYING PERIOD WHERE A
REQUEST FOR AN EXTENSION OR RENEWAL WAS ALREADY DENIED?
Yes. The Act only preserves certain rights of an agency to suspend or to revoke an approval.
Even if an extension had been previously denied, the permit or approval is revived by the Act.
However, a permitting authority retains its rights to revoke or modify a permit to the extent
authorized permitted by the underlying permit, statutory or regulatory authority.
CAN THE ISSUING AGENCY CONDITION THE EXTENSION TO CORRECT PROBLEMS, ERRORS,
AND/OR PROJECT CHANGES SINCE THE PERMIT EXPIRED?
No. The extension is automatic and no conditions can be placed on the extension. The Act
automatically changes the expiration date of a qualifying approval. Any work that takes place
under an extended permit or approval must conform to the existing performance standards.
However, an issuing agency may modify file conditions of the extended permit or approval if the
underlying statutory or regulatory authority would allow such modification.
CAN THE ISSUING AGENCY MODIFY A PERMIT OR APPROVAL TO CORRECT PROBLEMS, ERRORS,
AND/OR PROJECT CHANGES SINCE THE PERMIT EXPIRED?
Yes. The Act preserves the issuing agency's authority to modify an approval if the underlying
statutory or regulatory authority would allow a modification to correct problems, errors, or
project changes. Any work that takes place under all extended permit or approval must conform
to performance standards otherwise applicable to the permit as originally granted or previously
extended.
4
THE PERMIT .EXTENSION ACT
NOVEMBER 2010
CAN THE ISSUING AGENCY TAKE ENFORCEMENT ACTION TO ADDRESS NONCOMPLIANCE?
Yes. The Act upholds the issuing agency's enforcement authority,
DOES THE ACT AFFECT MITIGATION THAT WAS REQUIRED AS A CONDITION OF MY PERMIT?
No, Any and all conditions that applied to the permit or approval extended by the Act contintue
to apply.
IS ANYTHING OTHER THAN THE EXPIRATION DATE OF MY PERMIT OR APPROVAL CHANGED BY
THE ACT?
No. A permit or approval is subject to the same substantive terms that applied when it was
issued by the agency, except that any interim deadlines established by the permit are extended
for two years, Permits or approvals can be modified under the same terms that were originally
contained in the permit or approval or that are authorized by the underlying statute or
regulations.
IF WORK UNDER A PERMIT OR APPROVAL REQUIRES OTHER PERMITS, ARE THEY ALSO
AUTOMATICALLY EXTENDED?
If such permits or approvals are covered by the Act and were issued or already in effect during
the qualifying period, they would also be extended.
IF AN APPROVAL HOLDER IS IN VIOLATION, DOES THE ACT EXTEND THE PERMIT OR APPROVAL?
Yes, but the issuing agency can take appropriate enforcement action if a violation has occurred.
The Act does not alter other substantive provisions of the permit or approval, or the authority of
the issuing agency under which it was issued.
WHAT IF A PERMIT WAS ISSUED DURING THE QUALIFYING PERIOD BUT WAS SUBJECT TO AN
ADMINISTRATIVE APPEAL?
A permit or approval that was pending adjudicatory appeal during the qualifying period is not
extended because it is not a final permit or approval and as such is not "in effect or existe€ice,"
However, if the administrative appeal that prevented the permit or approval from taking effect
was resolved and a final permit was issued during the qualifying period, it is a permit in effect or
existence and is entitled to the two year extension. If the administrative appeal is resolved and a
final permit is issued after the qualifying period, the final permit is not entitled to the two year
extension.
WHAT IF A PERMIT WAS ISSUED DURING THE QUALIFYING PERIOD BUT IS NOW PENDING
JUDICIAL APPEAL?
As with any permit pending judicial appeal, it is subject to the court's ultimate decision. If a
permit that would qualify for the extension is pending appeal, and the court upholds the permit,
the perm it will qualify for an extension. There is no need for an extension if the court invalidates
the permit.
WHAT IF A PERMIT WAS ISSUED DURING THE QUALIFYING PERIOD BUT WAS APPEALED TO
COURT AND THE COURT'S DECISION UPHOLDING THE PERMIT WAS NOT ISSUED UNTIL AFTER
THE QUALIFYING PERIOD?
5
THE PERMIT EXTENSION ACT
NOVEMBER 2010
Because the permit was issued during the qualifying period, it was in effect or existence during
the qualifying period and qualifies for an extension.
IS THERE ANY REASON WHY A PERMIT OR APPROVAL EXTENDED PURSUANT TO THE ACT
WOULD NOT BE ELIGIBLE FOR FUTURE EXTENSIONS PURSUANT TO THE STATUTES AND
REGULATIONS THAT APPLY TO THAT PERMIT OR APPROVAL?
No. Such permits would be subject to any substantive provision of the underlying statutes or
regulations.
CAN AN APPROVAL HOLDER REFUSE AN EXTENSION?
No. If the Act applies to a permit or approval, it is automatically extended. However, an
approval holder can surrender its approval under the same terms and conditions of that permit or
approval that it could absent the Act.
WHAT EDITION OF THE STATE BUILDING CODE (780 CMR) IS A PROJECT PROCEEDING UNDER
AN EXTENDED PERMIT SUBJECT TO?
A project should proceed in accordance with the edition of the State Building Code under which
the permit was issued.
UNDERSTANDING THAT CHAPTER 40B PERMITS ARE EXEMPT FROM THIS ACT, ARE THE NON -
4013 PERMITS ASSOCIATED WITH A 408 PROJECT (SUCH AS IVVETLANDS PERMITS, ETC.)
EXTENDED?
Yes. Only permits issued under sections 20 to 23 of Chapter 40B are not extended. All other
permits associated with the project are extended.
ARE OR PAYMENTS OR THE CLAWBACK OF ZONING INCENTIVE FUNDS EXTENDED?
No. The Act applies only to the use or development of real property and does not extend Chapter
40R incentive payments.
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Ismail Erhan
350 Great Pond Road
North Andover MA
William Balkus Associates Architects
Cell: 508 3971278
Office: 978 887 3351
• My Foundation Plan and My entire house design was approved by
the Planning Board two years ago this April.
• If Ismail Changes the design of the house or the foundation
plan he will need to go back before the Planning Board.
• If he does not obtain achieve substantial construction by the
two-year anniversary of his planning board approval, he will
need to obtain another approval.
Gerry Brown
Brian Leathe
^� Patient Relationship to Subscriber: (Circle)* Spouse Child
I give permission for my insurance company to be billec
1:1
(Signature of patient, parent or legal guard
For Clinic/Office Use Only: Signature of Vaccine Adr;
NORTH ANDOVER HEALTH DEPT.
Provider Name: 1600 Oagp d Street Suite 2036
P ovider Address: North Andover, MA 01845
Dose
Date of
Vax
(mL)
Vax Mfgr Lot No
Exp Date
Service
Type
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6/30/2014
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NORTH ANDOVER HEALTH DEPT.
Provider Name: 1600 Oagp d Street Suite 2036
P ovider Address: North Andover, MA 01845
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North Andover Board of Assessors Public Access Page 1 of 1 \
OE NO oTNq
3y. o• r. ...a. • OL
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9SSACMU`+ES
Click Seal To Return
Search for Parcels
Search for Sales
Summary
Residence
Detached Structure
Condo
Commercial
�ZJProperty Record Card
Parcel ID :210/037.A-0005- Community: North
Ann" n FY:2014 •
Location:
350 GREAT POND ROAD
Owner Name:
ERHAN, ISMAIL H.
ERHAN, SANSLI
Owner
Address:
350 GREAT POND ROAD
City: NORTH
ANDOVER State: MA Zip: 01845
Neighborhood: 11 - 11 Land Area: 1.97 acres
Use Code:
101-SNGL-FAM- Total Finished 1994 sqft
RES Area:
ASSESSMENTS CURRENT YEAR PREVIOUS YEAR
Total Value: 577,100 597,500
Building Value: 182,200 182,200
Land Value: 394,900 415,300
Market Land Value: 394,900
Chapter Land Value:
http://csc-ma.us/PROPAPP/display.do?linkld=2433 673&town=NandoverPub... 2/5/2014
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FORM U - LOT RELEASE FORD
INSTRUCTIONS: This form is used to verify
approvals/permits from Boards and Departments that all necessary
have been obtained. This does not relie ehappli Jurisdiction
landowner from compliance with any applicable locallorns and/or
egulations or requirements. tate law,
*e
**************Applicant f'
0AS ills out this segtion**************
APPLICANT: �'��j%J �� / S
� Phone SS -3 � �/�
LOCATION: Assessor's Map Number 3%%{
Subdivision Parcel S
Lots) .3
Street nV
S t . Number -35-0
Official Use pnl **** ,�� k R 1
RE TIO S OF WN AGENTS:
Co s ation Am�01
inist/1r for
Comments 1 .AT %, , _ ! .. I.
Y **
Date Approved
Date Rejected
15
Town Planner �� Date Approved O q
Date Rejected
Food Inspector -Health Date Approved
Date Rejected
Stic, nspector-Health Date Approved
Date Rejected
Comments
Public Works - sewer/water connections
- driveway permit
Fire Department
Received by Building Inspector
Date
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Restricted To: 00
A DEPARTMENT OF PUBLIC SAFETY
CONSTRUCTION SUPERVISOR LICENSE 00 - None
Nueber: Expires: Birthdate: lA - Masonry only
CS 037308 06/29/1998 06/29/1948 1G - 1 8 1 Faeily Hooes
Restricted To: 00 Failure to possess a current edition of the
Massachusetts State Buiilding Code
' x MYLIE A SHAM is cause for revocation of this license.
PO BOX 1222 ki W'�
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Date..-.?.X.�.?
TOWN OF NORTH ANDOVER
PERMIT FOR PLUMBING
This certifies that . R .. �/�!?-� �P. �'/t. t'! .................
has permission to perform .... .4!t! ..........................
plumbing in the buildings of .. f!� J t. ? !............... .
at ... !'P. )o. ........ I North Andover, Mass.
Fee C-14 .... Lic. No... ,3. 1.1.
Pll•7MBING INSPECTOR
Check # Q 1 3
5275
MASSACHUSETTS UNIFORM APPLICATION
(Print or Type)
_V*'�4& 1/�P/1� ,Mass. Date
Building
New ❑ Renovation ❑
FOR PERMIT TO DO PLUMBING
2 Permit # S
;Owner's Nam ^
Type of Occupancy /2t S 1 D E IJ ti 4'1(.,_
Replacement 2-' Plans Submitted: Yes ❑ No ❑
Installing. Company Name ktr Ee-r a •-.10Mry A TAe-0 Check one: Certificate
Address _�% r C'c; 4 c H m4 &) pj ❑ Corporation
/r E % N 0 ) Y1 r4 ❑ Partnership
Business Telephone k� Z -�� ,�'Firm/Co,
Name of Licensed Plumbed; F;P T h� A �yl, y119 eKI
INSURANCE COVERAGE:
1 have a current Iility insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142.
Yes No ❑ 10
If you have checked ve, please indicate the type coverage by checking the appropriate box.
A liability insurance policy u / Other type of indemnity ❑ Bond ❑
OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by
Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement.
Check one:
-...-- -. - - - Owner ❑ Agent ❑
I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my
knowledge and that all plumbing work and installations performed under the permit issueofor this application will be in compliance with all
pertinent provisions of the Massachusetts State Plum i g e andrte?7 of the eral laws.
Title Valllre of Ucensed Plumer
Type of license: Master % Journeymah ❑
City/Town
APPROVED—OFFICE USE ONLY) Ucense Number q3-3,
FIXTURES
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SUB—BSMT.
BASEMENT
1ST FLOOR
2ND FLOOR
3RD FLOOR
4TH FLOOR
STH FLOOR
6TH FLOOR
7TH FLOOR
8TH FLOOR
Installing. Company Name ktr Ee-r a •-.10Mry A TAe-0 Check one: Certificate
Address _�% r C'c; 4 c H m4 &) pj ❑ Corporation
/r E % N 0 ) Y1 r4 ❑ Partnership
Business Telephone k� Z -�� ,�'Firm/Co,
Name of Licensed Plumbed; F;P T h� A �yl, y119 eKI
INSURANCE COVERAGE:
1 have a current Iility insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142.
Yes No ❑ 10
If you have checked ve, please indicate the type coverage by checking the appropriate box.
A liability insurance policy u / Other type of indemnity ❑ Bond ❑
OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by
Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement.
Check one:
-...-- -. - - - Owner ❑ Agent ❑
I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my
knowledge and that all plumbing work and installations performed under the permit issueofor this application will be in compliance with all
pertinent provisions of the Massachusetts State Plum i g e andrte?7 of the eral laws.
Title Valllre of Ucensed Plumer
Type of license: Master % Journeymah ❑
City/Town
APPROVED—OFFICE USE ONLY) Ucense Number q3-3,
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Office Use i
. - t 01 hr Liam IZunwedth of _49n5zZr41t9dt5 Permit No.
Erpartrunt Irl pUbiiL _*3fetq Occupancy & Fee Checked
BOARD OF FIRE PREVENTION REGULATIONS 527 C'MR 12:00 3/90 (leave blank)
APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK
All work to be performed in accordance with the Massachusetts Electrical Code, 527 CMR 12:00
(PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date 16- % rtc,
(X)Q or Town of NORTH ANDOVER To the Inspector of Wires:
The udersigned applies for a permit to perform the el
Location (Street & Number)
Owner or Tenant
Owner's Address 15 �J
k described below.
Is this permit in conjunction with a building permit: Yes ✓ No E (Check Appropriate Box)
Purccse of Building SlvL Utility Authorization No.
Existing Service 2-9-21 Amos (7cn /__,iZ�_Vcits Overhead '_ Undgrnd E5`� No. of Meters
New Service AmoS _I Voits Overhead _ Uncgrno No. of Meters
Numcer of Feeders and Amcacity
Location and Nature of Proposed Elec:rcai .'Icrk �
j No. of Transformers Total
No. of L:gnnng Outlets i No. ,,. Hct -.:Cs I KVA
In -
No. of Lighting Fixtures i Swimming ?coi 9b c e= cmd. I Generators KVA
No. of Emergency Lighting
No. of Receetacie Outlets I No. of Oil ourners Battery Units
No.
of Swucn Outlets
No. Cr Cas 3urners
I FIRE .ALARMS No. of Zones
Total
No. at Cetection and
No.
of Ranges
No. of Air Cara. tons
Initiating Oev ces
Heat Totai
Totai
No.
of Disposals
No.cf Pu^cs Tons
KW
No, at Sounding Devices
No. of Self Contained
No.
of Disnwasners
I ScaceiArea Heating
K'W
Oetec::cniSouncing Devices
No. of Driers
Heatirc Devices
KW
Lccat - Municipal ^— Other
_ Connec::on _
No. -at No. of
Low Voltage
No.
of 'Nater Heaters KW
i Signs Sailasts
Wir nc
No. Hyaro Massage Tubs I No. of Motors Tatai HP I
OTHER:
INSURANCE COVERAGE: Pursuant :o the reeutrements of Massacnusacs general Laws
I have a current Liap:iity Insurance PoiiCl inctucing Ccmc:eted Operations Coverage or its suostantial ecuivaient. YES = NO = I
nave suomitted valid proof of same to the Office. YES = NO — If u nave ch Yee YES. please incicate the type of coverage cy
checwng the approonate pox. Cao Ct-V—C 1 __/2S- 97
— —
INSURANCE BOND OTHER = (P!ease Scec:ty)
(Expiration Date)
Estimated Value of E!ectncal 'Mork 5 �y "� ez 7
worx 'o Start " Inspection Data Racues:ec: u
% Fnat
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Signea unser h-Penaittes of pe
Fiats NAME 'lh LIC. No.
Licensee signature LIC. NO.
17
l/ Bus. Tet. No.
Address Alt. Tei. No.
OWNER'S iNSURANCZ WAIVER: I am aware that the L:ce.n.see eoes not nave the insurance coverage or its suostantiai eaurvalent as re-
Cuuea ov Massachusetts General Laws, ana tnat my signature an :n:s Leant application waives this reautrement. Owner Agent
(P!ease cnecx one)
Tetecncne No. PERMIT FEE 5
(Signature at Owner or Agenn Y-,i5o5
i ...sem ii' . i' .. _.._.�►�. .. ,.�.y`,fC»''�S+rr� 0'..� iR .. .. .. .
t Y,_ ..^�'f.�'�¢�'"�'�-.re^ �• _. .., ['..:�-.+c:�.,. /K��'e .tit- .`,. -c:.;
l - Date -P....
T , 496
NORTtt
TOWN OF NORTH ANDOVER ,g
PERMIT FOR WIRING EEC
S$ACMUSE� '^+
This certifies that .......
�r
has permission to perform ........ ............... .......... .. ......... ................o
wiring in??the building o ........!:•:-�`, -".... .. ........................
at s :!M.. g
N h A>4dover, Masa
Fee........... Lic. No. ... .............................
ELE LINSPECTOR
WHITE: Applicant CANARY: Building Dept. PINK: Treasurer
4
IN A
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MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING
(Print or Type)
AM74 A/r/ar!o viz , Mass. Date �-301912 Permit #,_ _j2z_
Building Locatlon,LD A.ea Owner's Name ,,�56Q4 13�tic= n4E%
/f/ ,
E%/ /, 'all e_/006'r-Type of Occupancy A55
New ❑ Renovation ❑ Replacement C1 Plans Submitted: Yes ❑ No ❑
FIXTURES c��r;Nc 5De- 4ff- 3.2 yL'
Installing Company NameAl,.41d p�a *I y� ��i�ir� Zif/C ,
!� Check one:. Certificate
Aririra+ee II 1 1 w.I Aft.
-- - .. %= e.#%r o 06j v e Corporation
❑ Partnership
Business Telephone_ (A / 7 . 7 73 — a 73 fs ❑ Fmt/Co.
Name of licensed Plumber
INSURANCE COVERAGE:
I have a current liability insurance policy or Its substantia) equivalent which meets the req
Yes 9 No O uirements of MGL Ch. 142:
If you have checkedrimes, please indicate the type coverage by checking the appropriate box.
A liability Insurance policy ❑ Other type of Indemnity ❑ Bond ❑
OWNER'S INSURANCE WAIVER: 1 am aware that the licensee does not have the insurance coverage required by
Chapter 142 of the Mass. Genera) laws, and that my signature on this
pemnft application waives this requirement.
Check one:
S+gnature of Owner or Owner's agent Owner ❑ Agent ❑
I hereby certify that all of the details and information I have submitted (or entered) in above
knowledge and that all plumbing work and installations pe under the application are true and accurate to the best of my
pertinent provisions of a Massachusetts State Plumbin Code Chapter l of a General
will be in compliance with all
��, , ,
Title Signature o ceased Plumber
City/Town Type of license: Master ® Journeyman ❑
A'PROVFJ)(OFFICE USE ONLY) License Number s
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Installing Company NameAl,.41d p�a *I y� ��i�ir� Zif/C ,
!� Check one:. Certificate
Aririra+ee II 1 1 w.I Aft.
-- - .. %= e.#%r o 06j v e Corporation
❑ Partnership
Business Telephone_ (A / 7 . 7 73 — a 73 fs ❑ Fmt/Co.
Name of licensed Plumber
INSURANCE COVERAGE:
I have a current liability insurance policy or Its substantia) equivalent which meets the req
Yes 9 No O uirements of MGL Ch. 142:
If you have checkedrimes, please indicate the type coverage by checking the appropriate box.
A liability Insurance policy ❑ Other type of Indemnity ❑ Bond ❑
OWNER'S INSURANCE WAIVER: 1 am aware that the licensee does not have the insurance coverage required by
Chapter 142 of the Mass. Genera) laws, and that my signature on this
pemnft application waives this requirement.
Check one:
S+gnature of Owner or Owner's agent Owner ❑ Agent ❑
I hereby certify that all of the details and information I have submitted (or entered) in above
knowledge and that all plumbing work and installations pe under the application are true and accurate to the best of my
pertinent provisions of a Massachusetts State Plumbin Code Chapter l of a General
will be in compliance with all
��, , ,
Title Signature o ceased Plumber
City/Town Type of license: Master ® Journeyman ❑
A'PROVFJ)(OFFICE USE ONLY) License Number s
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MMC ; fumding eh' .bleating, Inc.
North .Andover Town Hall Annex
fi
Item to be Paid Description
39110
2168
Check Number: 2168
Check Date: Oct 1, 1997
Check Amount: $25.00
Discount Taken Amount Paid
25.00
_..- _ w , t
3511
Date
TOWN OF NORTH ANDOVER
PERMIT FOR PLUMBING
This certifies that <F!/% .. Al. �_./../A C .................
has permission to perform . .... ...�.�.... ,/`��. f f ............. .
plumbing in the buildings of ..h.. c1 �:777-1................. .
at. �. G.'!?S )�o L ........ rth Andover, Mass.
Fee.-,. �. ,. 7 ... Lic. No..7. 2. t ?' . .......
PLUMBING INSPE TOR
l
10/10/97 10:42 25.00 PAID
WHITE: Applicant CANARY: Building Dept. PINK: Treasurer