Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.05 - Level Two Review

Current through Register 1525, July 5, 2024
(1)
Scoping Session
. A preliminary meeting between the
			 Applicant and the Director is strongly recommended. The purpose of the meeting
			 is to determine the appropriate level of Permit, the components of the Permit,
			 the timing of the Submission and permitting process, and a general scope of the
			 project submittal items.
(2)
Determination of Zoning Compliance
. An Applicant may
			 seek Determination from the DEC that the proposed uses and activities are
			 permitted within the zoning district in which the development site is located
			 and the proposed uses comply with the development goals applicable to that
			 zoning district. Such determination is made by the Commission at a public
			 meeting following submission of a statement of how the proposed use and
			 development comply with Zoning district goals and objectives of the Bylaws and
			 the Patterns (the Reuse Plan, section 4) for the zoning district in which the
			 site is located.
(3)
Pre-permitting and Final Conferences
. For any
			 Submission that will be subjected to Level Two review, the Applicant shall
			 participate in as many Pre-permitting Conferences as necessary with the
			 Director. The discussion topics shall include a determination of which
			 development issues are critical, Submission and Plan Form and Contents
			 requirements, Waivers of Design Standards and preliminary time schedules. Where
			 similar information is required by any two or more capters of 974 CMR, such as
			 974 CMR
			 2.00 and
			 5.00 (one example being a
			 large new campus-type office park with public roads) or
			 974 CMR
			 3.00 and 7.00 (new construction requiring site plan
			 approval in the historic district), the Director will recommend elimination of
			 duplication whenever possible. The Pre-permitting Conference shall be
			 scheduled, at which time the Submission and any remaining issues shall be
			 discussed by the Applicant and Director. Upon completion of the Final
			 Pre-permitting Conference, the Director shall render a written DOC within 14
			 calendar days of the final Pre-permitting Conference (
			 974 CMR
			 1.08 ).
(4)
Determination of Completeness
			 (DOC).
(a) "Complete" means that
			 a Submission complies with the Plan Form and Contents and Submission
			 requirements of all applicable ections 974 CMR and includes the Statement of
			 Consistency (
			 974
			 CMR 1.03(4)(c)  ).
(b) The Director may determine that a
			 Submission is complete, conditionally (or partially) complete, or incomplete.
			 If the Director determines the Submission is incomplete, the Applicant shall be
			 notified in writing of the deficiencies in the Submission.
(c) The Director shall forward to the DEC
			 Submissions requiring Level Two review after a DOC has been issued. For
			 Submissions determined conditionally complete, a schedule for the submission of
			 deficient or additional items shall be attached to the DOC. The Director may
			 forward an incomplete or conditionally complete Submission if the Applicant
			 agrees in writing to submit the missing information by a date acceptable to the
			 Director.
(d) If the Director does
			 not issue a DOC within the required time limit, the Submission shall be deemed
			 Complete. The date of the DOC is the date the time periods for review (
			 974 CMR
			 1.08 ) are commenced.