Mass. Gen. Laws ch. 21D § 9

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session

Section 21D:9 - Review of site selection; solicitation of site suggestions

If the developer suggests a site in his notice of intent and indicates therein his unwillingness to accept suggestions for alternative sites, the council shall proceed to review the proposal pursuant to section ten. If the developer indicates in his notice of intent a willingness to accept suggestions for a site, whether as alternative sites to a site already proposed or as initially suggested sites if none has been proposed in his notice of intent, the department shall for a period of fifty days after the conclusion of the briefing sessions pursuant to section eight accept suggestions for sites proposed and submitted by any of the following persons:

(1) private individuals who own, or have a substantial financial interest in, the suggested site;

(2) the chief executive officer or the local assessment committee of a host community suggesting a site within said host community which is publicly owned and probably available for lease or sale to the developer, or which is privately owned, where reasonable grounds exist for the belief that said site might be readily available for use as a site for a facility;

(3) the developer suggesting a site either as an alternative to, or in addition to the site originally proposed in his notice of intent or as an initial suggestion for a site if none was proposed in his notice of intent;

(4) any agency of the commonwealth suggesting a site which is publicly owned and probably available for lease or sale to the developer, or which is privately owned, where reasonable grounds exist for the belief that said site might be readily available for use as a site for a facility; and

(5) the chief executive officer of any city or town in the commonwealth suggesting a site in his city or town which is publicly owned and probably available for lease or sale to the developer, or which is privately owned, where reasonable grounds exist for the belief that said site might be readily available for use as a site for a facility.

Any person or agency so suggesting a site shall prior to such suggestions notify in writing the owner or owners of record of the site and the chief executive officer of the host community.

Any suggestion of a site may be withdrawn by the person or agency making said suggestion within the fifty day period permitted for the making of suggestions. If upon the conclusion of the fifty day period, no sites have been suggested by any person or agency, the council may extend the period within which suggestions may be made for an additional thirty days and the department may suggest a reasonable number of sites in the host community which are publicly owned and probably available for lease or sale to the developer or which are privately owned, where reasonable grounds exist for the belief that said sites might be readily available for use as sites for a facility.

If, upon the conclusion of the period or any extension permitted for suggestions, more than three suggested sites have been proposed, the council shall, upon consultation with the department of environmental protection, reduce the number of suggested sites to three, including the developer's suggested site, if any. The council shall determine, prior to establishing its final list of suggested sites, whether or not the owner of record desires to withdraw his real property from consideration as a suggested site. If the owner of record so desires, the suggested site shall be withdrawn and the council shall endeavor to replace said suggested site on its final list.

Within ten days after the end of the suggestion period, the department shall notify the chief executive officers of each host community and all abutting communities, the members of the local assessment committee of each host community, the owner or owners of record of suggested sites, and newspapers, radio stations, and television stations serving each host community of the final list of suggested sites by distributing said list to them.

Mass. Gen. Laws ch. 21D, § 9