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HomeMy WebLinkAbout2012-08-21 Planning Board Supplemental Materials (6) URBELIS &FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 THOMAS J.URBCLIS Telephone 978-475.4552 email tju r�i uf-law.com Telephone 617-338-2200 Telecopier 617-338-0122 August 13, 2012 Board of Selectmen North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: Permit Extension Act Dear Members: Enclosed please find an update from the Executive Office of Housing and Economic Development. As always, please call if you have any questions. Very truly yours,/ Thomas NNJ'/Urbelis TJU/kmp Enclosure cc: Andrew Maylor(w/enc) Planning Board (w/enc) Zoning Board of Appeals (w/enc) Conservation Commission (w/enc) Board of Health(w/enc) Building Inspector(w/enc) w.\wpSI\workrnaMovekorresp\setximen.11r.planning ext act.das The Penuit Extension;act-Executive Oft-ice of Housing and Economic Development-,\•IasaCiuv 1 ugelofi The Official Website of the Executive Office of Housing and Economic Development(EOHED) Housing and Economic Development ;. Home Initiatives Executive Office of Housing and Economic... ,\IPRO The Permit Extension Act Frequently Asked Questions ® l�pdate�l August�� �1i1 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'Section473--o` F`Ghaofer 24b'of'tti6 Acts of 2010 and extended.by Sectio-ns 74 and;75of Chapter 238 ofthe Acts of 20 . i 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, forfour yea s;beyond its_otherwise appllcablOexpiraticir date, any permit or approval that was, in effect pr existence dura the qualifying period 6egtnn1g'on gogust 15 2008 and extending through Aug st 15 L612 What types of approvals are included in this act? The Act applies to regulatory approvals issued by local, regional or stateentitiesthat 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,'tF is extension appliesto alhqualifymg permits issued Eiy any municipal, regio al or state milt 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 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 _pprovals Issued by fhe.Federa(ggvernmenfbr by a state agency issued pursuant to federal law Permits Issued tinder sections 20.16 23 of Chapter 40B ; hitpahvww.mass.gnv/hed/economicleohed/prolzaning-Imus/pennit•extension-ace.hdn I R/10/20 L The Permit Extension Act-Executive Office.of Housing and Economic Development-\dass.Gov Page 3 of G Does the Act apply to Massachusetts Environmental Policy Act (MEPA) decisions, certificates or waivers? Yes. Certificates issued pursuant to MEPA are specifically listed in the definition cf"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 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 quality for extension. The Acf only extends permits that; weoa issued or already in effect of any point(e.g even for_one day}:dunng the qualifying period What if a permit was issued by 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 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,the qualifying period? Yes, fhe Acf revives and extends any;permlt qr approvahtfat was valid`during: the�gialif& penod of August 1§;,2008_t b0 hNa 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 after the qualifying period? Yes, The Act provides an°addltlo tai four years to the oCtglnal'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. Tfie AcE applies toariy permitbr',approvaRyand durjog top qua]ifying penod' and extends the:pennl,t or approval four years In addition;tofhe IaWf l term of the approval"�< �- Does the Act extend the term of a permit that was revoked during the qualifying period? http://wtvw.niass.gov/lien/ecoriornic/eolied/pro/zoning-law./perrnit-extension-ac(.Iitml 8/10/2012 The Permit Extension Act-Executive Office of Housing and Economic Development-Milss.Clov Page i of 6 extended permit or approval must conform to performance standards otherwise applicable to the permit as originally granted or previously extended. 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: 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? Yesr but the issuing agenbytarr take appropnate enforcement acGon'if a violation has occurred: The Act tloes not alter other substantive provisions of the permitillor 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 existence." 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 four year extension If thetadminisfrative appeal,is res&e' and a final permit is issued> afier`the quahfying petiod,'fhe final permit rs.no(entitled to fhe four year extension What if a permit was issued during the qualifying period but Is now pending Judicial appeal? As with any permit pending iudlefal appeal,it Is subject to tfie courts ultimate;= deciston..lfa permit that would qualify for the extension is pending appeal, and the court upholds the 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? http:/hva-w.niass.gov/hed/economic/eolied/pro/zoniiigJatvs/permit-oxiension-act.htint R/10/201