Section 10.04 - Designation Standard(1)Standard. A densely developed area is an area of ten or more contiguous acres of land that is being utilized for intensive industrial, commercial, institutional or residential activities or combinations of such activities as of January 1, 1997. The following factors shall inform the Secretary's determination as to whether a proposed area is consistent with the purposes of St3 1996, c. 258 and qualifies for designation as a densely developed area:
(a) the extent to which the proposed area is utilized for an eligible activity in accordance with 301 CMR 10.04(3);(b) the extent of the proposed area that is within the 200 foot riverfront area;(c) the extent to which the proposed area is utilized intensively as characterized by the nature and/or density of the use or activity, or by the extent of impervious surface coverage or removal of vegetation and topsoil;(d) the extent to which riverfront area within the proposed area is degraded by the existence of impervious surfaces or by the absence of vegetation and topsoil; and(e) any other information deemed necessary and appropriate by the Secretary.(2)Measurement of Ten or More Contiguous Acres. For purposes of defining an area of ten or more contiguous acres, land on opposing sides of a river shall not be considered contiguous unless the uses or activities on each side of the river are sufficiently related or physically connected. A municipality may propose an area of less than ten contiguous acres in size within its boundaries for designation provided that:
(a) the proposed area is contiguous with an existing densely developed area or with a 25 foot riverfront area in Boston, Brockton, Cambridge, Chelsea, Everett, Fall River, Lawrence, Lowell, Maiden, New Bedford, Somerville, Springfield, Winthrop, or Worcester; and(b) an area of at least ten contiguous acres of land meets the designation standards in 301 CMR 10.04, including land within the petitioning municipality as well as the adjacent municipality(ies).(3)Eligible Activities. Demonstration that the land within the proposed area must have been in use as of January 1, 1997 for one or any combination of the following activities: Industrial and Commercial - manufacturing, fabricating, wholesaling, warehousing, other commercial or industrial activities, or retail trade and service activities;
Institutional - medical and educational institutions;
Residential - residential dwelling structures at a density of three or more per two acres, or one or more 20 unit capacity or greater multi-family residential structure per acre;
Vacant - lots or structures that were vacant as of January 1,1997 but which were formerly used for a commercial, industrial, institutional or residential activity as defined in 301 CMR 10.05(3) after January 1, 1944.
(4)Non-intensive Uses. Notwithstanding the requirements of 301 CMR 10.04(3), a proposed area may include areas of land that are used for activities not listed in 301 CMR 10.04(3) or areas that are not intensively used, provided that: (a) such areas are less than one contiguous acre in size;(b) such areas comprise less than 10% of the total acreage of the entire proposed area;(c) at least ten contiguous acres of land within the proposed area meet the designation standard of 301 CMR 10.04(1); and(d) such areas are not within 200 feet from the river's mean annual high water line measured horizontally outward from the river.Amended by Mass Register Issue 1325, eff. 11/4/2016.