reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 6.00 - Sign Control › Section 6.01 - Authority and Purpose

Current through Register 1525, July 5, 2024
(1) The Devens
			 Enterprise Commission (the DEC) is vested with broad regulatory authority
			 related to land use planning and permitting functions. Such permitting
			 functions, described in St, 1993, c. 498, § 11, and in greater detail in
			 the Devens Zoning By-laws (the By-laws), are those normally assumed in cities
			 and towns by Planning Boards, Boards of Health, Conservation Commissions,
			 Boards of Appeal, and Historic District Commissions.
(2)
References
:
(a) Article XIII of the Devens By-laws gives
			 the DEC the power to regulate the erection and maintenance of signs at Devens,
			 including, but not limited to sign area, sign set-backs, duration of temporary
			 signs, number of freestanding signs, location of signs, height of signs,
			 illumination, types of signs, and minimum standards for design, construction
			 and maintenance.
(b) Article III
			 Section J of the By-laws allows the DEC to minimize the visual impact of
			 construction within designated view sheds. Such authority also extends to signs
			 (By-laws, Article III, Section J.3).
(c)
									974 CMR
			 4.04:
Illumination &
			 Astrophysical Compatibility
duly adopted by the DEC and the Joint
			 Boards of Selectmen governs the height and illumination of signs.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 6.00 - Sign Control › Section 6.04 - Specific Uses or Locations

Current through Register 1525, July 5, 2024
(1)
Determination of Use
. Allowed signs at Devens are
			 determined by the uses allowed in the district by the By-laws and in accordance
			 with the Reuse Plan. The following matrix references use categories from the
			 By-laws with applicable sections of 974 CMR 6.04.
Use
Sign Regulation
							 Section
Environmental
974 CMR 6.04(5). Industrial-Institutional
Offce
If in area with retail/service uses, 974 CMR
6.04(4). Retail; otherwise, 974 CMR 6.04(5).
Industrial-Institutional
Home office
974 CMR 6.04(3). Residential
Industrial
974 CMR 6.04(5). Industrial-Institutional
R&D
974 CMR 6.04(5). Industrial-Institutional
Cultural
974 CMR 6.04(5). Industrial-Institutional
Health care
974 CMR 6.04(5). Industrial-Institutional
Conference
974 CMR 6.04(5). Industrial-Institutional
Academic
974 CMR 6.04(5). Industrial-Institutional
Municipal
974 CMR 6.04(5). Industrial-Institutional
Lodging
974 CMR 6.04(4). Retail
Commercial
974 CMR 6.04(4). Retail
Residential, single family, multifamily
974 CMR 6.04(3). Residential
Nursing home
974 CMR 6.04(5). Industrial-Institutional
Incubator
974 CMR 6.04(5). Industrial-Institutional
Restaurant (freestanding, in retail service
							 areas)
974 CMR 6.04(4). Retail
Restaurant, open to the public, accessory in
							 Lodging)
Accessory sign; see Retail section 974 CMR
							 6.04(4)(f)
In the event a permitted use in Devens is not included in 974
				CMR 6.04:
Table
, the Applicant shall request in writing that
				the Director determine the appropriate Sign regulation section that applies for
				the use. The Director may delegate such authority to the Building Official.
				Such determination shall be made within seven days of the receipt of the
				written request. Should the
Director not render a determination within the seven days, the
				Applicant may erect signs in accordance with 974 CMR
				6.04(5)
Industrial-Institutional
. The Applicant may appeal the
				Director's determination by requesting a Reconsideration pursuant to the
				By-laws and
				974 CMR
				1.00:
Administration
.
(2)
Signs Allowed on
			 All Premises
. The following signs may be erected on all premises
			 within Devens. These signs do not require a permit from the DEC.
(a)
Type 3 Directional
			 Signs
. Signs for the express purpose of directing persons through
			 the site (ENTER, EXIT, VISITORS,
etc
.) including signs within
			 parking areas and signs for vehicular and pedestrian traffic shall not be
			 limited as to number, but shall not exceed four square feet in size per
			 individual sign and be erected so that they do not reduce visibility for
			 vehicles.
(b) For sale signs
			 (
see
974 CMR 6.03(2)(b) and
			 (d) ).
(c) Signs for public uses
			 (
see
974 CMR 6.03(2)(c) and
			 (3) ).
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 6.00 - Sign Control › Section 6.05 - Severability

Current through Register 1525, July 5, 2024
Ifany provision of
				974 CMR
				6.00 or the administration thereof shall be held
				unconstitutional, invalid or void, it shall not affect any other provision of
				974 CMR
				6.00 or the administration thereof.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 7.00 - Historic District › Section 7.02 - Applicability

Current through Register 1525, July 5, 2024
(1) The Historic District is shown on a map
			 dated September 10, 2002, produced by MassDevelopment Engineering and attached
			 as
			 974 CMR 7.09 figure
			 1.
(2) The Devens Enterprise
			 Commission shall issue Certificates of Appropriateness, Certificates of
			 Non-applicability, or Certificates of Hardship for building alterations or new
			 construction to all structures within the historic district except those
			 structures listed in the
			 974 CMR
			 1.06 Programmatic Agreement between the Army
			 and the Commonwealth of Massachusetts. No building permit for construction of a
			 building or structure or for alteration of an exterior architectural feature
			 within an historic district and no demolition permit for demolition or removal
			 of a building or structure within an historic district shall be issued until
			 the Certificate of Appropriateness has been issued by the Devens Enterprise
			 Commission. For any of the building or structure listed in the Programmatic
			 Agreement, the actions of the State Preservation Officer/Massachusetts
			 Historical Commission shall be deemed the Certificate of Appropriateness by the
			 Devens Enterprise Commission.
(3)
Level One/Level Two Permits
. Level One permits are
			 approval of minor architectural modifications of a structure or building within
			 an historic district. All other permits are Level Two.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 7.00 - Historic District › Section 7.03 - Definitions

Current through Register 1525, July 5, 2024
These definitions apply to 974 CMR 7.00 only, as
				follows:
Altered
- includes rebuilt,
				reconstructed, restored, removed, and demolished.
Constructed
- includes built, erected,
				installed, enlarged and moved.
DEC (Devens Enterprise Commission)
.
				The Commission established by St. 1993, c. 498, § 11 and authorized to
				review and approve Submissions for Unified Permits, other approvals and certain
				licensing responsibilities at Devens.
Exterior Architectural Feature
- means
				such portion of the exterior of a building or structure that is open to view
				from a public street, public way, public park or public body of water,
				including but not limited to the architectural style and general arrangement
				and setting thereof, the kind, color and texture of exterior building
				materials, the color of paint or other materials applied to exterior surfaces
				and the type and style of windows, doors, lights, signs and other appurtenant
				exterior fixtures.
Structure
- means a combination of
				materials other than a building, including a sign, fence, wall, terrace, walk
				or driveway.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 7.00 - Historic District › Section 7.04 - Submission Requirements for Certificates of Appropriateness

Current through Register 1525, July 5, 2024
(1) All applications for a Certificate of
			 Appropriateness shall include the following:
(a) The completed application form and
			 fees.
(b) Photographs of the
			 building or site before the proposed alteration.
(c) Elevations of the proposed building or
			 structure with colors and materials clearly indicated.
(d) Scale drawings sufficient to describe in
			 detail the work proposed.
(e) Paint
			 color samples if the work includes repainting.
(f) Roofing samples or manufacturer's
			 literature if the work includes roofing.
(g) Samples, colors and/or literature on all
			 other proprietary materials or products that will be used and visible in the
			 alteration.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 7.00 - Historic District › Section 7.05 - Review and Decision

Current through Register 1525, July 5, 2024
(1)
Review
. The DEC shall follow
			 974 CMR 1.04 to
			 process and review the application for a Certificate of
			 Appropriateness.
(2)
Review Criteria
. The DEC shall approve a Certificate
			 of Appropriateness if it meets the following criteria:
(a) The Submission complies with 974 CMR 7.00
			 and with the applicable provisions of the Bylaws.
(b) The Submission is Complete.
(c) The proposed work recognizes the
			 historical and architectural value and significance of the structure or
			 building and the district.
(d) The
			 general design arrangement, texture, and material of the features involved in
			 the proposed work are compatible with adjacent historic structures and
			 buildings.
(e) The size, shape, and
			 massing of the structure or building is suitable in relation to the site and in
			 relation to the structures and buildings in the vicinity.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 7.00 - Historic District › Section 7.07 - Exemptions, Certificate of Non-applicability, and Certificate of Hardship

Current through Register 1525, July 5, 2024
(1) The DEC shall not review the following,
			 provided such structures, buildings, or features comply with the Vicksburg
			 Square Historic Preservation Plan, the Devens Housing Historic Preservation
			 Plan as further modified by the Devens Development Project, The Estates at
			 Harvard Hills:
(a) Terraces, walks, driveways,
			 sidewalks and similar structures, or any one or more of them, provided that any
			 such structure is substantially at grade level.
(b) Walls and fences, or either of
			 them.
(c) Storm doors and windows,
			 screens, window air conditioners, lighting fixtures, antennae and similar
			 appurtenances, or any one or more of them.
(d) The color of paint.
(e) The color of materials used on
			 roofs.
(f) The reconstruction,
			 substantially similar in exterior design, of a building, structure or exterior
			 architectural feature damaged or destroyed by fire, storm or other disaster,
			 provided such reconstruction is begun within one year thereafter and carried
			 forward with due diligence.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 7.00 - Historic District › Section 7.08 - Severability

Current through Register 1525, July 5, 2024
If any provision of 974 CMR 7.00 or the administration thereof
				shall be held unconstitutional, invalid or void, it shall not affect any other
				provision of 974 CMR 7.00 or the administration thereof
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 8.00 - Public Health › Section 8.01 - Overview

Current through Register 1525, July 5, 2024
The DEC is charged with protecting the public health at Devens
				(St. 1993, c. 498, § 11 and Article II Section C of the By-laws). The DEC
				may establish a health department with a commissioner and an advisory council,
				and/or delegate the powers and duties delineated in
				974 CMR
				8.00 to a duly authorized and licensed public health
				services provider, and/or contract for required professional services with a
				provider or consultant.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 8.00 - Public Health › Section 8.02 - General Requirements

Current through Register 1525, July 5, 2024
The DEC accepts the following statutes (or sections thereof)
				and any regulations promulgated pursuant to these statutes:
(1) M.G.L. c. 111, with the exception of the
			 sections noted below:
(a) Section 26F, Annual
			 Hazardous Chemicals In Water Supply List;
(b) Sections 15, 16, 154, Public Health
			 Issues Involving Animals.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 8.00 - Public Health › Section 8.03 - Unexploded Ordnance (UXO) and Soil Management

Current through Register 1525, July 5, 2024
Prior to commencing any earth work within Devens, the Applicant
				shall ensure all personnel to be on-site comply with the requirements of Mass
				Development's Devens Soil Management Policy and Devens UXO Protocol and
				Procedures, (the Policy). Prior to removing earth on the project site, the
				Applicant shall contact the Devens Public Safety Officer and complete the UXO
				training required in accordance with the Policy (
see
974 CMR 4.07:
Earth Removal
for additional earth removal
				requirements).
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 8.00 - Public Health › Section 8.04 - Site Assignments for Solid Waste Facilities

Current through Register 1525, July 5, 2024
The requirements listed below are in addition to those set
				forth in
				310 CMR 16.00:
Site
				Assignment Regulations for Solid Waste Facilities
.
(1)
Submission
			 Requirements
. As part of an application for a site assignment for
			 a solid waste facility, the DEC may require the Applicant to submit:
(a) Information concerning the construction,
			 operation and/or maintenance of similar facilities owned and/or operated by the
			 Applicant in other locations, including the latest available regulatory and
			 monitoring data involved in the permitting or licensing of similar facilities
			 owned by the Applicant, as applicable to the monitoring of the facility at
			 Devens.
(b) A list and description
			 of all required permits (state and federal) and if requested by the Director,
			 full copies of any permits and any modifications thereto.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 8.00 - Public Health › Section 8.05 - Event Permits

Current through Register 1525, July 5, 2024
(1) The Commission
			 may grant an event permit to authorize a short-term activity within Devens, for
			 an event not to exceed 14 consecutive days in length, such as participatory
			 sports, family entertainment, outdoor markets, concerts, and special
			 events.
(2) Any application for an
			 event permit shall include the following information:
(a) Completed Level 1 Permit Application and
			 associated fee;
(b) Layout/location
			 of proposed event;
(c) Written
			 approval of property owner;
(d)
			 Police and Fire detail notification;
(e) Frequency, Duration and Hours of
			 event;
(f) Number of people
			 expected;
(g) Parking
			 arrangements/traffic control;
(h)
			 Food Service arrangements (additional food preparation and vending license may
			 be required);
(i) Sanitary
			 arrangements (restrooms, trash control);
(j) Tents (additional permit requirements)
			 $50.00 per tent - the certificate of flammability is needed, usually this
			 certificate is sewn into the tent if not, a copy of the certificate will be
			 needed.
(k) Confirmation of
			 compliance with Devens Industrial Performance Standards (974 CMR
4.00:
Industrial Performance
				Standards
).
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 8.00 - Public Health › Section 8.06 - Recycling

Current through Register 1525, July 5, 2024
The DEC acknowledges the full applicability within Devens of
				310 CMR
				19.017(3):
Waste
				Specific Restrictions
, subject however to the right reserved by the
				DEC to adopt more restrictive rules and regulations at a later time. A list of
				those materials that cannot be incinerated or go into landfills can be found at
				310 CMR
				19.017(3). A list of
				locations to recycle waste is on the DEC's website at
http://www.devensec.com/sustain.html
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 8.00 - Public Health › Section 8.07 - Underground Fuel Storage Systems (Tanks)

Current through Register 1525, July 5, 2024
For the purposes of
				974 CMR
				8.00, Underground Fuel Storage Systems or Tanks shall
				mean any system where a minimum of 20% of the mass of tanks, piping, valves or
				other components is buried below the surface of the ground, including gasoline
				tanks for commercial sales purposes. Fuel is defined by 42 U.S.C. §§
				6901 through 6922i, M.G.L. c. 148, and
				527 CMR 9.00:
Tanks
				and Containers
.
No Underground Fuel Storage Tanks are permitted within Zone 2
				Water Resources Protection District areas.
(2) Underground Fuel Storage Systems shall
			 comply with the By-laws and shall be licensed by and in accordance with the
			 requirements of the Devens Fire Chief. Underground storage of Fuel in excess of
			 quantities listed in 527 CMR 14.03:
Storage
requires a license
			 in accordance with the DEC Licensing and Registering the Storage of Flammables,
			 Combustibles and Explosives Requirements, Policies and Procedures.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 8.00 - Public Health › Section 8.08 - Facilities with Existing Floor Drains

Current through Register 1525, July 5, 2024
The owner of a commercial, industrial, petroleum, toxics and/or
				Hazardous Waste storage area/facility in operation prior to the effective date
				of these regulations with a floor drain system that discharges, with or without
				pretreatment (such as an oil/water separator), to the ground, a leaching
				structure, or septic system, shall:
(1) disconnect and plug all applicable inlets
			 to and outlets from (where possible) applicable leaching structures, oil/water
			 separators, and/or septic systems;
(2) remove all existing sludge in oil/water
			 separators, septic systems, and where accessible, leaching structures. Any
			 sludge determined to be a hazardous waste shall be disposed of in accordance
			 with 310 CMR 30.000:
Hazardous Waste
. Remedial activity
			 involving any excavation and/or soil or groundwater sampling shall be performed
			 in accordance with applicable MA DEP laws, regulations or policies;
(3) Alter the floor drain system so that the
			 floor drain shall be either:
(a) connected to
			 a holding tank that meets all applicable requirements of MA DEP laws,
			 regulations or policies, with hauling records submitted to the DEC at the time
			 of hauling;
(b) connected to a
			 municipal sanitary sewer line, if available, with all applicable MA DEP laws,
			 regulations or policies and local permits; or
(c) permanently sealed. Any facility sealing
			 a drain shall to submit for approval to the DEC a Hazardous Waste management
			 plan detailing the means of collecting, storing, and disposing any Hazardous
			 Waste generated by the facility, including any spill or other discharge of
			 Hazardous Materials or Wastes.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 8.00 - Public Health › Section 8.10 - Discharges to the Public Storm Drain System

Current through Register 1525, July 5, 2024
Increased and contaminated stormwater runoff is a major cause
				of impairment of water quality and flow in lakes, ponds, streams, rivers,
				wetlands and groundwater; contamination of drinking water supplies; alteration
				or destruction of aquatic and wildlife habitat; and flooding. Regulation of
				illicit connections and discharges to the municipal storm drain system is
				necessary for the protection of waterbodies and groundwater within the Devens
				Enterprise Zone, and to safeguard public health, safety, welfare and the
				environment.
(1)
Purpose
.
a. To
			 prevent pollutants from entering the public or municipal separate storm sewer
			 system (MS4) within the Devens Enterprise Zone;
b. To prohibit illicit connections and
			 unauthorized discharges to the MS4;
c. To require the removal of all such illicit
			 connections;
d. To comply with
			 state and federal statutes and regulations relating to stormwater discharges;
			 and
e. To establish the legal
			 authority to ensure compliance with the provisions of 974 CMR 8.10(1) through
			 inspection, monitoring, and enforcement in accordance with
			 974 CMR
			 1.14.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 8.00 - Public Health › Section 8.11 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				974 CMR
				8.00 is held unconstitutional, invalid or void, it
				shall not effect any other provision of
				974 CMR
				8.00 or the administration thereof.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 9.00 - Massachusetts Building And Related Codes

Current through Register 1525, July 5, 2024
The Devens Enterprise Commission acknowledges the full
			 applicability within the Devens Enterprise Zone of all state building and
			 construction codes as published in the CMRs, subject, however, to the right
			 reserved by the DEC to adopt more restrictive rules and regulations at a later
			 time.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.01 - Objectives

Current through Register 1525, July 5, 2024
The following are the objectives of regulating wireless
				communications facilities at Devens:
(1) To comply with the Federal
			 Telecommunications Act of 1996.
(2)
			 To provide a uniform and comprehensive set of standards for the development and
			 installation of wireless communications facilities.
(3) To minimize adverse visual
			 impacts.
(4) To encourage maximum
			 use of camouflaging, concealment, screening or other visual attenuation
			 techniques when erecting telecommunications facilities.
(5) To maximize the use of existing towers,
			 buildings, and structures to accommodate new wireless communication
			 antennas.
(6) To channel facilities
			 to the locations within the DEZ that provide minimum public
			 visibility.
(7) To facilitate
			 provision of wireless communications services to those in and around the
			 DEZ.
(8) To minimize the likelihood
			 of potential damage to adjacent properties from tower failure.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.02 - Applicability

Current through Register 1525, July 5, 2024
974 CMR 10.00 applies to all
				wireless communications facilities ("facilities"), except those exempted by
				federal or state laws that preempt local regulation of certain uses (such as
				fire, police, ambulance and other safety communications antennas and amateur
				[ham] radio or citizens band radio antennas. No facility shall be exempt from
				these requirements by means of sharing a tower or other structure with such
				exempt uses.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.04 - Permits

Current through Register 1525, July 5, 2024
(1) Building permits are required for all
			 new, enlarged or altered facilities.
(2) Permits may be issued for a term not to
			 exceed five years and may be renewed by the Director for five year terms upon
			 written request of the permit holder. Upon receiving a request for renewal, the
			 Director shall determine whether adequate performance guarantees are in place
			 and may require that additional surety be posted as a condition of permit
			 renewal (
See
974 CMR
			 1.12 ).
(3)
Levels of
			 Permits.
(a) Level One permits
			 with the exceptionnoted 974 CMR 10.04(3)(b)2. The following shall be deemed to
			 require a Level One permit administered by the Director, in accordance with the
			 procedures set forth in Article III Section E.2 of the Devens By-laws:
1. Co - location of anantenna on an existing
			 structure. Co - location of an antenna on an existing structure which structure
			 is nonconforming does not constitute an expansion of a nonconforming structure
			 or use (
see
Article VIII Section C of the Devens
			 By-laws).
2. A camouflaged
			 facility.
3. Any facility located
			 on top of or adjacent to an existing building or situated such that the
			 facility, is screened and cannot be seen from the adjacent public way(s) and
			 from publicly accessible open space.
4. Modifications to an existing or previously
			 permitted wireless communications facility, such as change in ownership or
			 lessee, minor physical changes to the facility (such as adding a utility box or
			 repeater), or restoration of unused portions of towers.
5. Extension of time for the removal of an
			 abandoned or unused tower or associated facility (
see
974 CMR
			 10.13 )
6. Temporary use permits
			 (
see
974 CMR
			 10.08 )
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.05 - Design Requirements

Current through Register 1525, July 5, 2024
(1) When feasible
			 and practical, the facilities shall be camouflaged.
(2) The use of guyed towers is prohibited.
			 Towers shall be monopoles, meaning self-supporting; with no wires, cables, or
			 beams.
(3) For towers with a height
			 of at least 100 feet the applicant shall demonstrate that there is no structure
			 within a ½ mile radius of the proposed facility location on which the
			 tower can be reasonably accommodated; for towers under 100 feet, the radius is
			 ¼ mile.
(4) Towers with a
			 height of at least 100 feet shall be designed, structurally, electrically, and
			 in all respects, to accommodate three antennas, the applicant's and two others;
			 towers over 60 feet shall accommodate at least one additional antenna. All
			 towers must be designed to allow for future rearrangement of antennas and
			 antennas mounted at varying height.
(5) The owner of the facility shall agree to
			 permit other persons/cellular providers to attach cellular antenna or other
			 communications apparatus, which do not interfere with the primary purpose of
			 the facility.
(6) There shall be a
			 minimum of one parking space for each facility, to be used in connection with
			 the maintenance of the facility, not for the permanent storage of vehicles or
			 other equipment.
(7) Stormwater
			 runoff from the facility shall be managed and recharged on-site.
(8) There shall be no signs placed on the
			 facility except for a required sign giving the telephone number where the owner
			 may be reached on a 24-hour basis and "No Trespassing" signs if needed. All
			 signs shall conform to
			 974 CMR
			 6.00:
Signs
. No advertising or
			 identification, visible off-site, may be placed on the towers or
			 antennas.
(9) Towersshall be
			 provided with security fencing to preventun authorized entry. Gates in the
			 security fence shall be fitted with a lock box and key, enabling access by
			 police and fire personnel.
(10) The
			 lowest six feet of the facility shall be screened.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.06 - District and Area Requirements

Current through Register 1525, July 5, 2024
(1)Within views
			 hed districts (Article IX, SectionC.3. of the Devens By-laws and Figure H in
			 974 CMR
			 3.06(8), and historic
			 districts (Article X Section D of the Devens By-laws), facilities shall be
			 either incorporated within the architecture of the structure or
			 camouflaged.
(2)
Area
			 Requirements
:
(a) The facility
			 shall be located on a parcel of land is at least 2,500 square feet in
			 area.
(b) The lot on which the
			 facility is located need not have frontage and maybe accessed by a drive or way
			 across a recorded easement or right-of-way. Land within this circle may be used
			 for other uses or structures after site plan approval for those other uses or
			 structures has been obtained, provided the lot meets the area requirements
			 under the Devens Bylaws.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.07 - Dimensions of Wireless Communications Facilities

Current through Register 1525, July 5, 2024
(1) The base of the facility may occupy no
			 more than 500 square feet.
(2)
			 Unless the DEC or the Director determines there are exceptional circumstances
			 (set forth in 974 CMR 10.07(3) ), the maximum height limits for various types
			 of facilities are as follows:
(a) Towers From grade to highest point of
						  structure
100 feet
(b) All Other Facilities an support
						  buildings
Height asper By-laws, Exhibit Band Article IX, Section
						  C
(c) Water tank-mounted antennas
12 feet above top of tank
(3)
			 Exceptional circumstances include, but are not limited to the following:
(a) A taller facility results in a broader
			 service area and eliminates the need for another tower.
(b) The tower cannot be seen from any
			 abutting or nearby street or way.
(c) Topography and vegetation minimize the
			 "apparent height" of the tower so that it would seem to be of conforming
			 height.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.08 - Special Types of Wireless Communications Facilities

Current through Register 1525, July 5, 2024
The following cases involve allowable uses of facilities where
				there is a user other than a duly licensed carrier:
(1) Antennas for business and institutional
			 use may be allowed provided all height limitations, setbacks, and other
			 dimensional requirements provided in
			 974 CMR 10.00 are met and
			 permit application is made.
(2)
			 Amateur ("ham") radio towers which conform to all provisions of
			 974 CMR 10.00 shall be
			 allowed provided they are located to the rear of the building on residentially
			 zoned parcels and are no taller than the minimum height that is technically
			 necessary to engage successfully in amateur radio communications .
(3) Use of a temporary facility is allowed
			 only if the owner has received a temporary use permit from the DEC or the
			 Director and the applicant has complied with the following requirements:
(a)
Time Limits
: no
			 longer than 30 days if the facility is used while a permanent facility is being
			 built, no longer than five days if the facility is used during a special event,
			 and
(b)
Height
: the maximum height is 5 0 feet .
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.09 - Construction Requirements

Current through Register 1525, July 5, 2024
All facilities erected, constructed or within the DEZ and
				associated wiring shall comply with the following:
(1) Be certified by a qualified and licensed
			 professional engineer as to:
(a)
Tower Design.
(b) Compliance with Federal Communications
			 Commission, Federal Aviation Administration, Massachusetts Aeronautics
			 Commission, Massachusetts Department of Public Health and American National
			 Standards Institute Standards.
(c)
			 Conformance with accepted electrical engineering methods and practices and the
National Electrical Code
.
(d) Non-interference with present users and
			 facilities.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.10 - General Requirements

Current through Register 1525, July 5, 2024
(1) Antennas placed
			 upon the tower shall be subject to state and federal regulations pertaining to
			 non-ionizing radiation and other health and safety issues related to such
			 facilities. If new, more restrictive standards are subsequently adopted by the
			 DEC, the antennas shall comply. The cost of verification of compliance shall be
			 borne by the owner and operator of the tower.
(2) All facilities shall conform to the
			 requirements of the Occupational Safety and Health Association.
(3) All facilities shall be subject to an
			 annual inspection by the DEC or its designee.
(4) All facilities shall be designed to blend
			 in with the surrounding environment. Ground mounted equipment shall be screened
			 from view by suitable vegetation, except where a design of non-vegetative
			 screening better reflects and complements the architectural character of the
			 surrounding area.
(5) No hazardous
			 waste shall be discharged on the site of any facility. If any hazardous
			 materials are to be used on site, the materials shall be contained. An enclosed
			 containment area shall be provided with a sealed floor, designed to contain at
			 least 110% of the volume of the hazardous materials stored or used on the site
			 and located within a building or covered to minimize rain or snow filling the
			 containment area.
(6) The owner
			 shall be responsible for ongoing proper maintenance of the facility.
			 Verification of maintenance and structural integrity by a certified structural
			 engineer shall be required, at the request of the Director, on a biannual
			 basis. The Director shall require a maintenance and removal guarantee bond for
			 all facilities.
(7) The DEC may
			 impose conditions on permits for facilities to further the objectives set
			 forthin
			 974 CMR
			 10.01.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.11 - Approval Criteria

Current through Register 1525, July 5, 2024
(1) In making
			 adecision on an application for approval for a Level I or a Level II permit,
			 the DEC or the Director shall determine whether the proposed facility complies
			 with all applicable provisions of 974 CMR, and the Devens By-laws.
(2) In making a decision on an application
			 for approval for a Level II Wireless Communications Facility permit, the DEC
			 shall determine whether:
(a) The applicant has
			 made a good faith effort to either co-locate or camouflage the facility,
			 and
(b) The siting of the proposed
			 facility minimizes adverse visual impacts by means of adequate screening,
			 color, or other visual attenuation techniques.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.12 - Performance Guarantees

Current through Register 1525, July 5, 2024
The DEC shall require the applicant to provide a performance
				guarantee (in accordance with
				974 CMR
				1.12 ) for the following:
(1) The construction of the proposed facility
			 and any associated site work;
(2)
			 The catastrophic failure, collapse, or other destruction of the tower or other
			 portions of the facility. (This bond may be waived by the Director upon annual
			 filing of proof of insurance in amounts acceptable to the DEC);
(3) The demolition of the tower and any other
			 portion of the facility and site improvements associated with the facility in
			 the event the facility is abandoned. This non-cancelable bond or guarantee
			 shall be inanamount required to remove the facility and restore the land to an
			 undeveloped or other condition as specified by the Director.
Performance guarantee amounts shall be reviewed and updated
				upon the application of the facility operator for a permit term renewal or any
				extension of the permit or facility. The Director may also review the
				guarantees periodically and require additional surety to be
				posted.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.13 - Obsolete or Unused Wireless Communication Facilities

Current through Register 1525, July 5, 2024
Abandoned or unused facilities or portions thereof shall be
				removed as follows:
(1) All abandoned
			 or unused facilities shall be removed within 12 months of the cessation of
			 operations at the site unless the DEC approves a time extension. A copy of the
			 relevant portions of a signed lease which requires the applicant to remove the
			 facilities upon cessation of operations at the site shall be submitted at the
			 time of application. In the event that a facility is not removed within the
			 specified time period, the facilities maybe removed by the DEC and the cost of
			 removal shall be borne by the owner of the facility.
(2) For facilities with more than one
			 antenna, if the upper-most antenna is removed or be relocated to another
			 position on the tower, the portion of the tower supporting that antenna shall
			 be removed within six months of the time of antenna relocation or
			 removal.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 10.00 - Wireless Communications Facilities › Section 10.14 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				974 CMR 10.00 or the
				administration thereof shall be held unconstitutional, invalid or void,it shall
				not affect any other provision of
				974 CMR 10.00 or the
				administration thereof
Code of Massachusetts Regulations › 975 CMR - EMERGENCY BOARD › Title 975 CMR 2.00 - Administrative Procedures › Section 2.01 - Scope of Regulations

Current through Register 1525, July 5, 2024
975 CMR 2.00 shall govern all proceedings of the Emergency Board created under M.G.L. c. 35, § 36A and M.G.L. c. 44, § 8(9), as amended.
Code of Massachusetts Regulations › 975 CMR - EMERGENCY BOARD › Title 975 CMR 2.00 - Administrative Procedures › Section 2.05 - Requests for Approval of Emergency Loans

Current through Register 1525, July 5, 2024
(1) All requests for Board approval of emergency loans shall be made in writing by vote of:
(a) the county commissioners as certified by the county clerk in the case of any county;
(b) the city councillors or town selectmen as certified by the city or town clerk in the case of any municipality;
Code of Massachusetts Regulations › 975 CMR - EMERGENCY BOARD › Title 975 CMR 2.00 - Administrative Procedures › Section 2.07 - Meetings

Current through Register 1525, July 5, 2024
(1) Meetings of the Board may be requested in writing by any member of the Board or by any county or municipality which has on file with the Board a complete pending request for approval of a loan or loans, which meets all requirements of 975 CMR 2.05;
(2) All requests for meetings of the Board shall be directed to the Executive Secretary;
(3) Notice of meetings shall be provided in compliance with the requirements of M.G.L. c. 30A, § 11A½, and shall also be sent to each county or municipality which has a complete pending request for approval of a loan to be considered at such meeting;
(4) Minutes of each Board meeting shall be kept by the Executive Secretary and shall be read and approved at the next succeeding Board meeting;
(5) All votes and decisions of the Board shall be made by majority vote of the Board.
Code of Massachusetts Regulations › 975 CMR - EMERGENCY BOARD › Title 975 CMR 2.00 - Administrative Procedures › Section 2.08 - Reconsideration

Current through Register 1525, July 5, 2024
(1) No order or decision of the Board shall be reconsidered unless the county or municipality requesting the Board's reconsideration has submitted a request complying with 975 CMR 2.05 detailing significant new facts not known or reasonably discoverable at the time of the initial hearing on the loan request.
(2) Any request for reconsideration shall be submitted within eight weeks of the original Board vote.
Code of Massachusetts Regulations › 976 CMR - FINANCE ADVISORY BOARD › Title 976 CMR 2.00 - State Finance and Governance Board Regulations › Section 2.01 - Purpose and Application

Current through Register 1525, July 5, 2024
The powers and responsibilities of the Board set forth in M.G.L. c. 6, § 98 are intended to promote transparency, accountability and best practices among State Entities with respect to investments, borrowing or other financial transactions involving public funds made or entered into by State Entities.
Code of Massachusetts Regulations › 976 CMR - FINANCE ADVISORY BOARD › Title 976 CMR 2.00 - State Finance and Governance Board Regulations › Section 2.03 - Policies Relating to Investment of Public Funds

Current through Register 1525, July 5, 2024
Upon adoption of a substantive revision, a State Entity Authorized to Issue Debt shall file its revised policy or policies related to the investment of Public Funds with the Board.
Code of Massachusetts Regulations › 976 CMR - FINANCE ADVISORY BOARD › Title 976 CMR 2.00 - State Finance and Governance Board Regulations › Section 2.04 - Debt Management Policies

Current through Register 1525, July 5, 2024
Upon adoption of a substantive revision, a State Entity Authorized to Issue Debt shall file its revised policy or policies related to debt management with the Board. The Board shall make the policies filed with it available on its website and to any member of the public upon reasonable request to review.
Code of Massachusetts Regulations › 976 CMR - FINANCE ADVISORY BOARD › Title 976 CMR 2.00 - State Finance and Governance Board Regulations › Section 2.05 - Review of Financial Transactions Involving Derivative Financial Products

Current through Register 1525, July 5, 2024
In furtherance of its statutory authority and mandate, the Board hereby establishes 976 CMR 2.05 to ensure that financial transactions involving a Derivative Financial Product are properly analyzed and managed to ensure consistency with State Entity Authorized to Issue Debt objectives, suitability of the transaction, and avoidance of unintended consequences.
In the event that a State Entity Authorized to Issue Debt is entering into a new financial transaction that involves a Derivative Financial Product, the State Entity Authorized to Issue Debt shall submit the following materials to the Board:
(1) If not previously submitted, a copy of the State Entity Authorized to Issue Debt's derivative policy* with a certified copy of the vote of the governing board of the State Entity Authorized to Issue Debt or certificate of the authorized official of the State Entity Authorized to Issue Debt if such State Entity Authorized to Issue Debt does not have a governing board; and
(2) A written analysis of the proposed Derivative Financial Product transaction by an independent financial advisor with relevant expertise, together with the advisor's recommendation as to whether or not the State Entity Authorized to Issue Debt should enter into the proposed transaction. Such analysis should include but not be limited to:
(a) a detailed description of the Derivative Financial Product;
(b) a description of risks, strategies for mitigating any such risks, and any benefits;
(c) scenario analyses or stress tests demonstrating impact on the State Entity Authorized to Issue Debt under extreme financial market events or conditions as a result of entering into the subject Derivative Financial Product; and
(d) in the case of a restructuring of an existing Derivative Financial Product, a comparison of the expected benefits resulting from the restructuring with the potential risks resulting from the restructuring.
Code of Massachusetts Regulations › 976 CMR - FINANCE ADVISORY BOARD › Title 976 CMR 2.00 - State Finance and Governance Board Regulations › Section 2.06 - Review of Qualified Conduit Debt Transactions Involving Derivative Financial Products; with Guarantee

Current through Register 1525, July 5, 2024
(1) With respect to any proposed Derivative Financial Products that are related to a Qualified Conduit Debt Transaction, the Board's review of such transaction shall be limited to confirming that the transaction constitutes a Qualified Conduit Debt Transaction.
(2) In order to request a review of any Derivative Financial Products that are related to a Qualified Conduit Debt Transaction, a State Entity Authorized to Issue Debt must submit the following items to the Board prior to such Derivative Financial Product being executed:
(a) A written description of the proposed Derivative Financial Product transaction(s), including: the parties involved; the schedule; the amount; the security (including any guarantor of payment obligations); and terms.
(b) A certification of bond counsel to the proposed transaction confirming that the transaction constitutes a Qualified Conduit Debt Transaction pursuant to 976 CMR 2.06.
Not later than five business days following receipt of the material submitted in connection with any Derivative Financial Product related to a Qualified Conduit Debt Transaction, the Secretary of the Board will contact the State Entity Authorized to Issue Debt in writing (which may be by e-mail) to either:
1. confirm that, based on the materials provided under 976 CMR 2.00, the transaction constitutes a Qualified Conduit Debt Transaction and either no public funds are at risk in the transaction or the amount of guarantee, if any, is equal to or less than the threshold amount in 976 CMR 2.06(3); or
2. notify the State Entity Authorized to Issue Debt that the materials submitted were incomplete or that they fail to demonstrate that the transaction constitutes a Qualified Conduit Debt Transaction.
Code of Massachusetts Regulations › 976 CMR - FINANCE ADVISORY BOARD › Title 976 CMR 2.00 - State Finance and Governance Board Regulations › Section 2.08 - Board Contact Information

Current through Register 1525, July 5, 2024
Whenever a document is required to be submitted to the Board under 976 CMR 2.00, it shall be submitted to:
State Finance and Governance Board
c/o Director of Debt Management and Special Finance Programs
Executive Office for Administration and Finance
State House, Room 373
Boston, MA 02133
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 1.00 - Rules For The Conduct Of Adjudicatory Proceedings › Section 1.02 - Rules of General Applicability

Current through Register 1525, July 5, 2024
(1)
Waiver of Rules
. Where good cause appears, not
			 contrary to statute, the Board and any Presiding Officer may permit deviation
			 from any rules contained in 980 CMR.
(2)
Severability
. If
			 any provision of 980 CMR is held to be invalid, such invalidity shall not
			 affect the provisions or the applications thereof not specifically held
			 invalid.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 1.00 - Rules For The Conduct Of Adjudicatory Proceedings › Section 1.03 - General Procedures

Current through Register 1525, July 5, 2024
(1)
Docket
. A numbered docket shall be maintained for all
			 adjudicatory proceedings and shall contain all documents filed in a proceeding
			 and other relevant material.
(2)
Filing of Documents with the Board.
(a)
Filing
.
1. Any document to be filed with the Board
			 pursuant to
			 980 CMR 1.00 shall be hand
			 delivered, or mailed first class, to the Energy Facilities Siting Board or to
			 the Presiding Officer at the Energy Facilities Siting Board. The Presiding
			 Officer may allow documents to be filed by other means.
2. A document shall be deemed to be filed on
			 the date stamped "Received" by the Board or its agent during usual business
			 hours. Documents received after usual business hours shall be deemed filed on
			 the following business day.