94- 457 C.M.R. ch. 201, § 6
No certificate of approval will be issued for any project where the chief executive officer finds that implementation of the project is likely to cause economic detriment of one or more existing businesses, which detriment is substantial and would have a material adverse impact on such business. In determining whether or not to issue a certificate of approval, the chief executive officer shall consider whether the project serves a new market segment or a market segment not serviced by existing business in the State. In determining whether, as a result of the project, there will not be sufficient demand within the market area of the State to be served by the project. To employ the efficient capacity of existing business, the chief executive officer shall consider whether the market is growing and whether the project would be likely to cause a significant, adverse change in the market shares of existing enterprises. For purposes of this section, "efficient capacity" means that part of the quantity of production or supply of services that is produced or supplied by businesses employing well-designed structures, equipment or techniques that are comparable to current practices.
94- 457 C.M.R. ch. 201, § 6