reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.04 - Level One Review

Current through Register 1525, July 5, 2024
(1) Level One
			 review is an administrative approval process conducted by the Director. The
			 following are subject to Level One Review:
(a) Issuance of a Building or Occupancy
			 Permit wherein no other DEC action or site plan review is required.
(b) Alteration or creation of a lot for any
			 of the following purposes: revision of lot lines, division of a lot containing
			 two buildings into two lots with separate buildings and division of a single
			 lot unimproved by a building into two or more smaller lots with frontage;
			 provided in any event, all resultant lots comply with the frontage requirements
			 in Article VIII of the By-laws and frontage shall be on a way the DEC
			 determines is maintained by MassDevelopment and used as a public way.
(c) Minor architectural modifications of a
			 structure within a historic district consistent in scope with the following
			 examples: movement of less than six inches in an approved window or door
			 opening; modifications of less than two total inches on an approved shutter or
			 removable facade feature; shifts of less than one foot of a staircase or
			 existing canopy; modifications to approved signs involving less than 10% of the
			 sign area; or reasonable modifications to sign placement for practical
			 reasons.
(d) Engineering
			 adjustments to an already approved site plan consistent in scope with the
			 following examples: a change to more desirable landscape material; a shift of
			 less than eight feet in building placement on a lot; a shift in site utility
			 connections, in order to provide improved hookup to the public system or to
			 avoid a natural constraint; an adjustment of not more than three feet in the
			 width or location of a driveway entrance, in order to improve sight distance or
			 to avoid a natural constraint; similar adjustments required to facilitate a
			 more functional site plan.
(e)
			 Issuance of a Certificate of Compliance under a Wetlands Order of
			 Conditions.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.06 - Surveying and Monumentation

Current through Register 1525, July 5, 2024
(1)
Surveys.
(a) All
			 survey work performed as part of a lotting plan, site plan or subdivision plan
			 shall, at a minimum, adhere to
			 250 CMR 6.00:
Procedural and Technical Standards for the Practice of Land
			 Surveying
. Where applicable, the MassDevelopment Engineering
			 Department may establish additional standards of practice, apply more stringent
			 requirements and/or require additional submission requirements.
(b) All surveys shall relate to the North
			 American Datum of 1983 (NAD 83) and the National Geodetic Vertical Datum of
			 1929 (NGVD 1929). All data shall be referenced to the Massachusetts State Plane
			 Coordinate System (Mainland Zone). The standard unit of measure shall be the
			 U.S. Survey Foot.
(c) All surveys
			 for the establishment of property lines, right of way lines and permanent
			 easements shall tie into at least two points in the Devens Survey Control
			 Network. For traverse/level adjustments the published values of these existing
			 control points shall be held fixed.
(d) All information submitted in digital
			 format shall adhere to the standards of the MassDevelopment Engineering
			 office.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.07 - Fees

Current through Register 1525, July 5, 2024
(1)
Unified Permit
			 Fees.
(a) The Unified Permit
			 fees cover all DEC activities from the Pre-permitting Conference through the
			 Building Permit. The fee is based on the total value of all construction and
			 improvements, including site preparation, construction, engineering and site
			 testing, roads, paving, parking lots, landscaping, and other improvements. Such
			 value shall be based on an estimate prepared and certified by an Engineer or
			 other professional licensed and qualified to prepare such an estimate such as a
			 "cost estimator." The cost of the building shall be included in the total value
			 of all construction for the purposes of calculating the fee. Should the actual
			 building construction cost exceed the estimate, the difference between the fee
			 as calculated including the actual building costs and the fee paid shall be
			 submitted before a building permit can be issued.
(b)
Unified Permit Fee
			 Calculation
. The Unified Permit fee is comprised of a base fee and
			 value increment based on building costs and lot improvements plus a value
			 related to the size of the lot. In calculating the Unified Permit fee, the
			 total gross value of the development shall be rounded up to the next $100,000.
			 See 974 CMR 1.07:
Table 1
for the how the fee is to be
			 calculated.
TABLE 1: UNIFIED PERMIT FEE
Gross value of project
(inclusive of the buildings and all site development
							 work and infrastructure improvements)
Base fee
Plus value increment (if any)
$1,000,000 or less
$1,300
Plus $13 per $1000 of work above $100,000
$1,000,000 and above
$13,000
$11.00 for each additional$1000 in work above
							 $1,000,000
(c) An
			 Applicant shall pay at least 75% of the total fee (payable by certified or bank
			 check) by the day of the final Pre-permitting Conference. The Director shall
			 not issue a DOC until the 75% fee is paid. The remainder is due (payable by
			 certified or bank check) prior to the issuance of the Unified Permit.
(d) Unified Permit fees are non-refundable
			 after a Building Permit has been issued.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.08 - Time Limits for Review

Current through Register 1525, July 5, 2024
Each Submission for a Permit (or component thereof) is subject
				to a deadline by which the DEC must make a decision
i.e
., take
				a final vote. Listed are the applicable time periods, measured from the date of
				the DOC. The time limits for Level One reviews may be extended by mutual
				written agreement of the Applicant and the Director. The time limits for Level
				Two reviews also may be extended by a written agreement of the Applicant and
				the DEC. In a Submission with more than one component, the longest time limit
				associated with one component shall apply to the entire Submission.
TABLE 3: TIME LIMITS FOR REVIEW
Time Limit in Days
Level One Review
Lotting Plan
14
Development Plan
21
Engineering Adjustment
14
Building or Occupancy Permit
30
Other reviews authorized in the By-laws, Article III,
							 Section D
21
Level Two Review
(inclusive of the date of the DEC's vote)
Site Plan Review
75
Subdivision Approval
75
Wetlands
63
Variances
90
Reconsiderations (measured from the date of the
							 request)
45
Historic District Certificates of
							 Appropriateness
45
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.09 - Project Duration and Project Completion

Current through Register 1525, July 5, 2024
(1)
Permit Duration
. Unified Permits shall remain in
			 effect so long as the approved development activities are commenced within the
			 time periods prescribed below. These time periods commence from the date that
			 the DEC or the Director renders a written decision. These periods shall be
			 tolled during litigation.
TABLE 4: TIME LIMITS FOR COMMENCING AND COMPLETING DEVELOPMENT
				ACTIVITIES
Permit type
Commencement
Completion
Building Permits (construction of a building or
						  structure)
Within six months
Two years or as approved by the DEC approved by the
						  DEC
Subdivision Road
Within six months
One year
Approved Site Plan
Within six months
Two years
Other Components
Six to 12 months depending on project
Expeditiously
(2) A
			 permit is completed upon application for a Certificate of Occupancy, Wetlands
			 Certificate of Compliance, submission of an as-built plan.
(3) Extensions to the above time limits may
			 be granted by the Commission in the instance of Level Two permits or the
			 Director for Level One permits, providing written request for the extension is
			 received prior to the expiration of the time limit and the Applicant explains
			 the need for an extension.
(4)
			 Failure to complete within the proscribed time limits shall result in
			 withholding of any outstanding permits and/or revocation of performance
			 guarantees.
(5)
Phased
			 Construction
. An Applicant may request that the DEC allow phasing.
			 The Applicant shall specify the phases requested, detailing the work to be
			 accomplished in each phase and the locations of the work. The Applicant shall
			 also propose date sofcommencement and completion for each phase. In its
			 approval of a phased Permit, the DEC shall establish reasonable time periods to
			 commence and complete the phases of the entire project.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.10 - Vesting

Current through Register 1525, July 5, 2024
(1)
Purpose
. To
			 promote more predictable and equitable vesting of rights for development and to
			 establish specific guidelines for determining the vested rights of properties
			 affected by new or changed regulations.
(2)
Rights Vested in Applicable
			 974 CMR.
(a) A building,
			 structure, sign, parking space, landscaping amenities, loading dock, or other
			 site improvement which complies with the provisions of
			 974 CMR
			 1.00 at the time at which a building permit is issued
			 but would not comply with any proposed amendments to
			 974 CMR
			 1.00 may be completed, continued or maintained
			 provided the following three conditions have been met:
1. The commencement of construction must be
			 pursuant to a validly issued building permit.
2. There must be actual physical commencement
			 of some significant and visible construction; and
3. The commencement must be undertaken in
			 good faith, to wit, with the intention to continue with the construction and
			 carry it through to completion.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.11 - Variances

Current through Register 1525, July 5, 2024
(1) Applicants may seek relief from specific
			 dimensional requirements of the By-laws. A variance Submission may stand as a
			 separate component or as a component within a Unified Permit. In either case,
			 the DEC must consider and vote on the variance separately and must do so before
			 voting on the Submission. A Permit shall not be granted if a required variance
			 has not been approved.
The grounds for granting a variance are as follows:
(a) circumstances inherent in the individual
			 property in question would render literal enforcement of the By-laws as causing
			 substantial hardship;
(b) the
			 granting of the variance will not cause substantial detriment to the public
			 good; and
(c) the granting of the
			 variance will not substantially negate the purposes of the By-laws or 974 CMR.
			 Use variances are prohibited.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.12 - Amendments and Reconsiderations

Current through Register 1525, July 5, 2024
(1)
Reconsiderations
. An Applicant, a Town or any
			 aggrieved person who is not an Applicant, may submit a request to the DEC to
			 reconsider a vote taken by the DEC or a decision of the Director. A
			 Reconsideration is a prerequisite to taking an appeal by the DEC to Superior
			 Court pursuant to St. 1993, c. 498, § 11.
(a) The grounds for the Reconsideration are:
1. Mistake or misrepresentation on the plans
			 or Submission;
2. Fraud;
3. Significant changes in site conditions
			 (including flood, fire, earthquake or other acts of God or unauthorized earth
			 removal);
4. Decision of the DEC or
			 the Director was outside the scope of its authority;
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.13 - Performance Guarantees

Current through Register 1525, July 5, 2024
(1)
Applicability
. The DEC shall require a performance
			 guarantee for any or all of the following Unified Permits components:
(a)
Plans For a New Subdivision
			 Road
. The creation of roadways to provide frontage and access for
			 lots, involving construction or substantial grading of any of the following
			 improvements: streets and rights-of-way and all improvements therein (signs,
			 monuments, street trees and planting strips, sidewalks); construction of
			 utility system segment(s); earth removal and site alteration; drainage systems;
			 and other features associated with opening the area for development.
(b)
Site Plans
. Site
			 preparation, including grading and earth removal; driveways and internal access
			 roads; landscaping; lighting; site drainage improvements; and other features
			 associated with the site plan.
(c)
Wetlands
. Construction of any alterations and/or
			 required mitigation measures pursuant to a Wetlands Permit (Orders of
			 Conditions).
(d)
Historic
. Major Architectural Alteration of Buildings
			 (and/or designated settings) within Devens Historic Districts, and subject to
			 Massachusetts Historical Commission approval.
(e)
Innovative or Residential
			 Development
.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.14 - Enforcement

Current through Register 1525, July 5, 2024
(1)
Right to Inspect
. The DEC, its staff, and consultants shall have the right to enter all
			 properties at Devens at reasonable times, for the purpose of observing and
			 investigating construction and/or operations on the site in regard to
			 enforcement of 974 CMR or the bylaws.
(2)
Enforcement
			 Powers
. The DEC's enforcement powers include:
(a) withholding of building and occupancy
			 permits;
(b) power to assess
			 penalties for violations of the Reuse Plan, bylaws, or 974 CMR in amounts no
			 more than $300 per day per violation, provided that each day such violation
			 continues shall constitute a separate offense;
(c) power to institute actions in Court to
			 compel the removal, alteration, or relocation of any structure that violates
			 the Reuse Plan, bylaws, or 974 CMR;
(d) zoning enforcement powers;
(e) enforcement powers available to a zoning
			 board of appeals;
(f) power to
			 require security for the construction of ways and municipal services to a
			 subdivision that was approved by the DEC;
(g) powers available to enforce the
			 subdivision control and lotting sections of the bylaws and 974 CMR;
(h) powers available to the DEC to enforce
			 the Historic District Acts;
(i)
			 powers provided to the DEC to make and enforce reasonable public health
			 regulations including, but not limited to, the issuance of permits and the
			 assessment of fines related to the violation of the bylaws and 974 CMR,
			 including the removal and transport of garbage or other offensive substances,
			 atmospheric pollution, disposal of cesspool and septic-tank waste, illicit
			 connections or discharges to the drainage system, and the construction,
			 maintenance, and alteration of certain sewage disposal systems; and
(j) other powers expressly and implicitly
			 conferred on the DEC pursuant to St. 1993, c. 498.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.16 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				974 CMR
				1.00 or the administration thereof shall be held
				unconstitutional, invalid or void, it shall not affect any other provision of
				974 CMR
				1.00 or the administration thereof.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 2.00 - Subdivision › Section 2.01 - Process and Goals

Current through Register 1525, July 5, 2024
(1) Subdivision is
			 the component of the Unified Development Permit system that manages the
			 construction and layout of ways. The Applicant shall follow the procedures for
			 Level Two review set forth in
			 974 CMR
			 1.00:
Administration.
(2) The goals of Subdivision are to ensure:
(a) the safety, convenience, and welfare of
			 the inhabitants of Devens and residents of the surrounding communities by
			 regulating the laying out, construction and alteration of ways;
(b) development that facilitates safe and
			 convenient vehicular, pedestrian and bicycle travel for people of all ages and
			 abilities (universal design);
(c)
			 adequate vehicular and pedestrian Access to all Lots;
(d) ways with adequate landscaping, lighting
			 and sidewalks;
(e) adequate
			 wastewater, drainage, and emergency services, as well as adequate street
			 lighting;
(f) connections between
			 and among proposed and existing ways, and residential, commercial and
			 industrial uses and open space, trails and other community amenities;
(g) convenient on- and off-site pedestrian
			 and vehicular circulation;
(h)
			 opportunities for multi-modal means of transportation; and
(i) consistency with the Reuse Plan and
			 By-laws.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 2.00 - Subdivision › Section 2.02 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Authority to Undertake a Subdivision
. No person shall
			 make a subdivision nor proceed with the Improvement or sale of Lots from a
			 subdivision, the construction or reconstruction of streets and/or roads, or the
			 installation and/or extension of Utilities, facilities, and services therein,
			 unless and until a Subdivision Plan has been submitted to and endorsed by the
			 DEC and only then in accordance with
			 974 CMR
			 2.00.
(2)
Endorsement of Plan
. Endorsement of a Level One Plan
			 shall be by the signature of the Director. In the absence of the Director, the
			 signature of the Chairperson shall suffice. Endorsement of a Level Two
			 Definitive Subdivision Plan shall be by the signatures of a quorum of the DEC
			 (seven members) on the first page of the plan, and by the signature of the DEC
			 Chairperson or designee on subsequent pages of the plan.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 2.00 - Subdivision › Section 2.05 - Amending or Reconsidering a Definitive Plan

Current through Register 1525, July 5, 2024
(1) No amendment of a Definitive Plan shall
			 affect the Lots in a subdivision that have been sold or mortgaged in good faith
			 and for a valuable consideration subsequent to the endorsement of the plan, or
			 any rights appurtenant to the Lots, without the consent of the owner of such
			 Lots, and of the holder of the mortgage or mortgages, if any, for such land.
			 However, the DEC may approve a request to amend an endorsed subdivision without
			 the consent of the Lot owners and mortgagors, if the DEC makes a finding that
			 the proposed amendments do not affect any Lots or rights appurtenant to the
			 Lots or when there has been a sale to a single grantee of either the entire
			 parcel of land shown on the subdivision plan or of all the Lots not previously
			 released by the DEC.
(2)
Recordation of an Amendment
. No amendment shall take
			 effect until the amended plan and the Certificate of the DEC's vote have been
			 recorded in the Registry of Deeds or for registered land, verified by the Land
			 Court.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 2.00 - Subdivision › Section 2.06 - Implementation of an Approved Definitive Subdivision Plan

Current through Register 1525, July 5, 2024
(1)
Provision of Performance
			 Guarantee
. Prior to endorsement by the DEC of a Definitive Plan,
			 the DEC shall require that the Applicant file with the DEC a performance
			 guarantee to secure the construction of ways and the installation and/or
			 extension of services.
(2)
Conveyance of Utilities and Services
.
(a) Before the DEC will release a surety bond
			 or deposit, or in the case of a covenant, issue a Certificate of Performance
			 for subdivisions in which the ways and Utilities are proposed to be offered for
			 acceptance, the developer shall execute an instrument transferring to
			 MassDevelopment unencumbered title to all sanitary sewers, stormwater Drains,
			 water mains, and all appurtenances thereto constructed and installed in the
			 subdivision. The Developer shall also convey to MassDevelopment, without cost
			 and free of all liens and encumbrances, perpetual rights and Easements to
			 construct, inspect, repair, renew, replace, operate, and forever maintain such
			 sanitary sewers, stormwater Drains, water mains, and all appurtenances thereto
			 and to do all acts incidental thereto, in, through, and under the whole of all
			 streets and/or roads in the subdivision, and if such sewers, stormwater Drains,
			 water Drains, and water mains have been constructed and installed in land not
			 within such streets and/or roads, then in, through, and under the Easements, as
			 shown on the Definitive Plan, and where no Easements are shown, in, through,
			 and under a strip of land extending 10' in width on each side of the centerline
			 of all such sewer Drains and water mains.
(b) The above shall not be construed to
			 relieve the Applicant of responsibility to complete all construction, as
			 required by Applicant's covenants and agreements with MassDevelopment, and to
			 thereafter maintain all ways and Utilities in a satisfactory condition until
			 they are accepted by MassDevelopment.
(c) Approval by the DEC of the Improvements
			 required for a Definitive Plan does not constitute the laying out or acceptance
			 by MassDevelopment of any ways or paths within a Subdivision.
(d) The Applicant shall retain title to each
			 way, path, or Easement in or appurtenant to the subdivision until conveyed to
			 and accepted by MassDevelopment;
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 2.00 - Subdivision › Section 2.08 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				974 CMR
				2.00 or the administration thereof shall be held
				unconstitutional, invalid or void, it shall not affect any other provision of
				974 CMR
				2.00 or the administration thereof.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 2.00 - Subdivision › Section 2.09 - Appendices A and B

Current through Register 1525, July 5, 2024
Appendix A
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Appendix B - Figure A
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Note
: All sidewalks shall be Americans
				with Disabilities Act (ADA) compliant, and conform to 521 CMR:
Architectural Access Board
requirements and shall include
				transition intersections with tactile strips at crosswalks.
Appendix B - Figure B
Click
				here to view image
Note
: All sidewalks shall be Americans
				with Disabilities Act (ADA) compliant, and conform to 521 CMR:
Architectural Access Board
and shall include transition
				intersections with tactile strips at crosswalks.
Appendix B - Figure C
Click
				here to view image
Note
: All sidewalks shall be Americans
				with Disabilities Act (ADA) compliant, and conform to 521 CMR:
Architectural Access Board
and shall include transition
				intersections with tactile strips at crosswalks.
Appendix B - Figure D
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				here to view image
Note
: Contact Devens Utilities
				Department for additional details/requirements.
Appendix B - Figure E
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In certain instances, haybales may be removed on the up-stream
				side of the catch basin in order to capture runoff.
Appendix B - Figure F
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Note
: Contact Devens Engineering
				Department for additional details/requirements.
Appendix B - Figure G
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Note
: Contact Devens Engineering
				Department for additional details/requirements.
Appendix B - Figure H
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Appendix B - Figure I
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Note
: Contact Devens Engineering
				Department for additional details/requirements.
Appendix B - Figure J
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Note
: Contact Devens Engineering
				Department for additional details/requirements.
Appendix B - Figure J Table
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				here to view image
Note
: Contact Devens Utilities
				Department for additional details/requirements.
Appendix B - Figure K-1
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				here to view image
Note
: Contact Devens Utilities
				Department for additional details/requirements.
Appendix B - Figure K-2
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Note: Contact Devens Utilities Department for additional
				details/requirements.
Appendix B - Figure L
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Note
: Contact Devens Utilities
				Department for additional details/requirements.
Appendix B - Figure M
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Appendix B - Figure N
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Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 3.00 - Site Plan Approval › Section 3.01 - Purpose, Process, and Goals

Current through Register 1525, July 5, 2024
(1) Site Plan
			 Approval is the component of the Unified Development Permit System that manages
			 the placement of structures and improvements on the project site. The Applicant
			 shall follow the procedures for Level Two review in
			 974 CMR 1.05:
Level Two Review
.
(2) The goals and objectives of site planning
			 at Devens are:
(a) To fit development to the
			 land, minimize alterations to natural terrain and to soften the visual impact
			 of development as viewed from Streets and Roads.
(b) To protect natural resources, including
			 groundwater and surface water resources, wildlife habitats, wetlands and other
			 Resource Areas and whenever possible, enhance ecological systems.
(c) To respond to present and future needs
			 and uses, enable adaptive reuse and density changes over time without
			 compromising sustainability.
(d) To
			 be energy-efficient, both during construction and over time.
(e) To integrate economic, social, and
			 environmental concerns.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 3.00 - Site Plan Approval › Section 3.02 - Requirements

Current through Register 1525, July 5, 2024
(1) Site Plan Approval is required when a
			 proposed project involves one or more of the following:
(a) Construction of a new building,
			 regardless of land use;
(b)
			 Extension or increase in the area of a nonconforming use in an existing
			 building;
(c) Construction or
			 expansion of a parking lot, structure, or loading dock;
(d) Construction of an ancillary building
			 on-site (denoting use for storing equipment, maintenance supplies, and similar
			 items, or for housing building systems equipment), if the building contains
			 more than 800 square feet of gross floor area;
(e) Construction of a project that will
			 result in changes to the existing land surface area of 10% or more of the lot
			 size, or that will disturb one acre or more. This includes disturbances of less
			 than one acre that are part of a larger common plan of development that will
			 disturb one acre or more; and
(f)
			 Construction or improvement(s) of streets and/or roads in conjunction with
			 residential developments.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 3.00 - Site Plan Approval › Section 3.03 - Review and Decision

Current through Register 1525, July 5, 2024
(1)
Review
. The DEC shall follow
			 974 CMR 1.04:
Level One Review
to review a Site Plan.
(2)
Review Criteria
.
			 The DEC shall approve a Site Plan if it meets the following criteria:
(a) The Site Plan complies with
			 974 CMR
			 3.00 and with the applicable provisions of the
			 By-laws.
(b) The development lies
			 on a Lot that is or will be recorded at the Registry of Deeds.
(c) The Submission is Complete.
(d) All streets and roads, driveways, parking
			 lots, loading areas, paths, and sidewalks, are designed to provide for safe
			 multi-modal travel in accordance with
			 974 CMR
			 2.07:
Design Standards,
the
			 Americans with Disabilities Act of 1990 (ADA) and 521 CMR:
Architectural Access Board.
(e) Access and site circulation enables
			 prompt fire, police, and emergency response.
(f) Adequate capture and discharge of
			 stormwater and surface water runoff and compliance with applicable portions of
			 the
Devens Stormwater Pollution Prevention Plan
has been
			 achieved
(g) Connections with
			 utility, power and communication systems available in the abutting
			 infrastructure have been made.
(h)
			 Applicable facilities required under the Water Resources Protection By-law and
			 the related Design Standards have been included.
(i) Landscape Treatment Design Standards for
			 plant materials, planting strips, screening, and preservation of existing
			 specimen trees and wooded areas have been met.
(j) A DEP wetlands Order of Conditions has
			 been issued or determined not required.
(k) Applicable Industrial Performance
			 Standards have been adhered to.
(l)
			 Sufficient parking for current needs has been provided.
(m) Adequate traffic mitigation and control
			 measures have been proposed.
(n)
			 Participation in the Devens Transportation Management Initiative has been
			 agreed to.
(o) Adequate water
			 supply exists in terms of quantity, quality, and water pressure for commercial
			 and/or domestic needs and fire protection and the use of potable water for
			 irrigation has been minimized to the maximum extent feasible.
(p) Connection to sanitary sewers has been
			 made.
(q) Building design meets the
			 minimum standards as established by MassDevelopment for the district in which
			 the lot is located.
(r) Soil
			 testing indicates that the soils are capable of supporting proposed
			 development.
(s) The development
			 has been designed with due consideration for public health.
(t) Adequate climate change mitigation,
			 adaptation and greenhouse gas emissions mitigation measures have been
			 incorporated in accordance with
			 974 CMR
			 4.11:
Greenhouse Gas
			 Mitigation.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 3.00 - Site Plan Approval › Section 3.04 - Design Standards

Current through Register 1525, July 5, 2024
(1)
Setback and Frontage Requirements
.
(a) For all lots in all zoning districts, the
			 minimum Setbacks of structures from lot lines shall be as follows except as
			 otherwise noted in 974 CMR 3.04(1)(b) through (f).
Front Yard
: 25'
(except in the Innovation and Technology Center District where
				the minimum Setback is 15').
Side Yard
: 10'
Rear Yard
: 25'
(b) For lots abutting or containing zoning
			 district boundary lines, Setbacks shall be increased to 25' unless adjacent to
			 the Residential I and Residential II zoning districts where the minimum Setback
			 shall be 50'.
(c) The minimum Side
			 Yard and Rear Yard Setbacks for accessory buildings in residential districts
			 shall be 5'.
(d)
Environmental Business District
. Setbacks shall comply
			 with the requirements of all districts, except the minimum Side Yard and Rear
			 Yard Setbacks for lots abutting Walker Road in the town of Shirley shall be
			 150' in addition to the public open space buffer parallel to Walker
			 Road.
(e) Corner lots shall comply
			 with the Front Yard Setback requirements for each side of the Lot that is
			 parallel to a street or road.
(f)
			 Refer to
			 974 CMR
			 5.02(1):
Innovative
			 Residential Development (IRD) Residential I
for Innovative Residential
			 Development minimum frontage and Setback requirements.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 3.00 - Site Plan Approval › Section 3.05 - Innovative Development

Current through Register 1525, July 5, 2024
Innovative and Planned Use Development - The By-laws (Article
				III, Section F) require the Commission adopt regulations that encourage the use
				of "innovative development strategies, including, but not limited to, clustered
				development, condominium development, and planned unit development methods."
				Refer to
				974 CMR
				5.02(1):
Innovative
				Residential Development (IRD) Residential I.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 3.00 - Site Plan Approval › Section 3.06 - Steep Slope Protection

Current through Register 1525, July 5, 2024
(1)
Purpose
. Development on or adjacent to unique
			 ridgelines, slopes and plateaus can have an adverse impact on:
(a) Water quality by causing erosion and
			 sedimentation and changing patterns of stormwater runoff;
(b) Wildlife habitat and corridors;
			 and
(c) Slope stability.
These adverse impacts can be avoided by restricting development
				and mitigating its impacts.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 3.00 - Site Plan Approval › Section 3.08 - Appendix B

Current through Register 1525, July 5, 2024
(1)
Figure A: Typical Parking Lot Design Standards
.
Click
				here to view image
Note a.
Parking lot & access drive side &
				rear setbacks shall be as described in the Design Standards
Note b
. See Design Standards for complete
				description of parking lot perimeter and internal landscape
				requirements.
(2)
Figure B: Parking Lot Layout and Design Standards
.
Click
				here to view image
(a) For
			 parking lots greater than 180 feet in either direction, provide intermediate
			 and divider islands as shown above.
Click
				here to view image
(b) For parking lots 180 feet or less in
			 length (measured along length of aisle), provide intermediate islands as shown
			 above.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations › Section 4.01 - Industrial Performance Standards

Current through Register 1525, July 5, 2024
(1) The
			 Devens Enterprise Commission (DEC) was created and empowered by St. 1993, c.
			 498, § 11, to carry out the purpose and intent of the Devens Reuse Plan,
			 Zoning By-laws, and subsequent development regulations pursuant thereto. The
			 Plan and By-1Laws were passed by three simultaneous Town Meetings in the
			 municipalities of Ayer, Harvard and Shirley on December 7, 1994. In achieving
			 its specific mission as the regulatory and permitting authority within the
			 Devens Enterprise Zone, and in generally protecting the health, safety and
			 welfare, the Commission may legitimately exercise its right to protect the
			 public, as well as other occupants and users within the DEZ, from nuisance
			 conditions.
The intent of
				974 CMR 4.00 is to preclude or
				significantly mitigate nuisance conditions by means of
(a) providing a complaint mechanism for
			 parties impacted by potential violations and
(b) in certain circumstances where the
			 potential impacts are likely to impact receptors beyond the perimeter of the
			 DEZ, providing review criteria for the consideration of permit applications
			 requiring site plan approval.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations › Section 4.02 - Air Quality, Odor and Emissions

Current through Register 1525, July 5, 2024
(1)
Overview
. The intent of 974 CMR 4.02 is to preclude or
			 significantly mitigate conditions that could cause nuisance impacts to area
			 residents and businesses or other users within the Devens Enterprise Zone
			 (DEZ).
While it is the intent of 974 CMR 4.02 to provide a local
				complaint mechanism in regard to air quality, odors and emissions, it is also
				recognized that many businesses at Devens will be required to obtain a
				Massachusetts Department of Environmental Protection (MADEP) air quality
				permit, due to the pre-emptive or higher jurisdictional structure of the
				Commonwealth, when something is explicitly regulated. This is also in
				acknowledgment of the stringency of Massachusetts air quality laws and
				regulations (
				310 CMR 6.00 through
				8.00 ). It is anticipated that
				this circumstance will preclude many potential difficulties in this area of
				impact. For more detail, refer to 974 CMR 4.02(2).
For the preceding reasons, there shall be two distinct courses
				of action for the DEC to follow, in regard to addressing complaints in this
				area of impact and enforcing resolution of them:
(a)
Case One
--
			 Where a MADEP air quality permit has been issued.
(b)
Case Two
--
			 Where a MADEP air quality permit has not been issued.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations › Section 4.06 - Wetlands Protection

Current through Register 1525, July 5, 2024
(1)
DEC
			 Powers
. Under St. 1993, c. 498, § 11 the DEC has full powers
			 to enforce M.G.L. c. 131, § 40A:
Wetlands Protection Act
and
			 310 CMR
			 10.00:
Wetlands Protection
.
(2)
Purpose
. To
			 protect the wetlands and water resources in Devens and adjoining land areas by
			 controlling activities likely to have a significant or cumulative effect on
			 wetland functional values, including but not limited to:
(a) public and private water supply
			 protection;
(b) groundwater supply
			 protection;
(c) flood
			 control;
(d) storm damage
			 prevention;
(e) pollution
			 prevention;
(f) fisheries
			 protection;
(g) wildlife habitat
			 protection;
(h) erosion prevention
			 and sedimentation control.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations › Section 4.08 - Stormwater Management

Current through Register 1525, July 5, 2024
(1)
Objectives
.
(a) To
			 replicate natural conditions of infiltration, evapotranspiration, and runoff.
			 In typical natural conditions, approximately 50% of stormwater infiltrates, 40%
			 leaves land through evapotranspiration, and 10% leaves the land as
			 runoff.
(b) To promote
			 decentralized stormwater management systems modeled after natural hydrologic
			 features and infiltration practices that facilitate local groundwater recharge
			 [Low-Impact Development (LID) techniques].
(c) To promote water conservation and
			 efficiency through stormwater capture, treatment and reuse.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations › Section 4.09 - Water Resource Protection Overlay Districts (WRPs)

Current through Register 1525, July 5, 2024
(1) Purpose.
(a) To protect the ground and surface water
			 resources in Devens and abutting communities in order promote health, safety
			 and general welfare;
(b) To promote
			 statewide goals for surface water quality in the Nashua River Basin;
			 and
(c) To prevent the temporary or
			 permanent contamination of soils, surface water, and ground water on
			 Devens.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations › Section 4.10 - Renewable Energy Facility Requirements (REFs)

Current through Register 1525, July 5, 2024
(1)
Purpose.
(a) Promote
			 renewable energy facilities at Devens in order to:
1. Reduce reliance on non-renewable energy
			 sources,
2. Reduce greenhouse
			 gases, and
3. Improve air
			 quality.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations › Section 4.11 - Greenhouse Gas Mitigation

Current through Register 1525, July 5, 2024
(1)
Purpose
. To promote:
(a) Development that furthers the State's
			 policy of reducing greenhouse gas emissions and is consistent with Compliance
			 with the Executive Office of Energy and Environmental Affairs 2008 Notice of
			 Project Change for Devens;
(b)
			 Improved air quality in a non-attainment zone; and
(c) Sustainable redevelopment goals of the
			 Devens Reuse Plan and Bylaws.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 5.00 - Residential › Section 5.01 - Residential Development

Current through Register 1525, July 5, 2024
(1)
Goals
.
(a) To foster
			 the creation of housing that:
1. Is compatible
			 in scale, form, style, and size with adjacent residential areas;
2. Accommodates a variety of household types
			 and income levels;
3. Serves
			 households who live or work in the Devens region;
4. Is varied as to type and size.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 5.00 - Residential › Section 5.02 - Innovative Residential Development (IRD)

Current through Register 1525, July 5, 2024
(1)
Residential I (IRD RI)
.
(a)
Goals
. To
			 provide a streamlined development review process that promotes residential
			 development that meets a variety of housing needs, protects the environment,
			 furthers energy, water and resource efficiency, and complements residential
			 development patterns at Devens by encouraging:
1. Development on small lots;
2. A connected system of trails and open
			 space;
3. Housing
			 diversity;
4. A system of safe,
			 accessible, multi-purpose streets and sidewalks;
5. Development designed primarily to
			 accommodate people, not cars; and
6. The goals and objectives of the Reuse Plan
			 and By-laws.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 5.00 - Residential › Section 5.03 - General Housing

Current through Register 1525, July 5, 2024
(1)
Exterior Storage
.
(a)
			 Junk, which is any worn out, castoff, or discarded articles or material that is
			 ready for destruction or has been collected or stored for salvage or conversion
			 to some use shall not be stored on residential lots.
(b) No junk shall be stored in any front
			 yard, whether screened or not.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 5.00 - Residential › Section 5.04 - Home Occupations and Home Businesses

Current through Register 1525, July 5, 2024
(1) Home occupations and businesses shall be
			 clearly incidental and secondary to the use of the dwelling as a residence,
			 shall be located within the dwelling unit, and shall not change the residential
			 character of the premises. Home businesses and home occupations allow for local
			 economic development, encourage the creation of new businesses, and to provide
			 flexible or accessible working conditions for residents of Devens.
(2) The area utilized for the purpose of a
			 home occupation or home business shall not exceed the smaller of 25% of the
			 total floor area of the dwelling unit or 400 square feet. An accessory building
			 may only be used for storage if permitted by the Director and shall be included
			 in the total square footage allowed for the home occupation or
			 business.
(3) No traffic shall be
			 generated by such home occupation or home business in greater volumes than
			 would normally be expected in a residential neighborhood.
(4) A single small pick-up truck (not to
			 exceed % ton) or van belonging to the resident business person may be parked on
			 the lot in the rear yard or in the side yard set back from the street at least
			 as far as the front line of the dwelling and screened from adjacent properties
			 and ways, or stored within a structure.
(5) There shall be no exterior display or
			 storage of goods or materials, and no exterior indication of the home business
			 or occupation other than one non-illuminated identification sign complying with
			 974 CMR
			 6.00:
Sign Control.
(6) Home occupations and businesses do not
			 include the sale and/or repair of cars, trucks, or other vehicles or
			 guns.
(7) There shall be no noise,
			 vibration, glare, fumes, odors, or electrical interference beyond what normally
			 occurs in a residential area.
(8)
			 Approvals for home occupations and home businesses shall be valid for a period
			 of three years and may be extended by applying for an extension prior to the
			 expiration of the permit. Any significance expansion of or change in the home
			 occupation or home business requires the submission of a written request prior
			 to the expansion or change. Approval for the home business or home occupation
			 is extinguished upon a change in ownership of the property.
(9)
Home
			 Occupations
.
(a) An application
			 for a home occupation shall be made by filing a written request with the
			 Director.
(b) The Director may
			 approve the application for a home occupation, approve with conditions, or find
			 that the home occupation is a home business within 30 days of the filing of the
			 application. The Director may deny an application if it is determined that the
			 impacts of the home occupation on the surrounding neighborhood cannot be
			 mitigated or if the home occupation negatively impacts residential character
			 and quality of life in the neighborhood.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 5.00 - Residential › Section 5.05 - Accessory Apartments

Current through Register 1525, July 5, 2024
Accessory apartments are permitted in single family dwellings.
				Accessory apartments may be located in the same structure as the principal
				dwelling or in combination with space for a permitted home occupation or
				business, a garage, or other allowed accessory use, or as a separate structure
				itself, provided that the total gross square feet of the accessory apartment,
				whether within the same structure or a separate one, is limited to 25% of the
				floor area of the principal dwelling. Dwellings with accessory apartments shall
				retain the appearance of single-family dwellings. An accessory apartment within
				the dwelling is a Level One permit, an accessory apartment in a detached
				structure is a Level Two permit.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 5.00 - Residential › Section 5.06 - Accessory Structures

Current through Register 1525, July 5, 2024
(1)
Historic District
.
(a) Garages are permitted on residential lots
			 within the Historic District in accordance with the Aspen Square Management
			 Garage Master Plan (DEC Record of Decision dated December 18, 2001).
(b) One shed per lot within the Devens
			 Historic District (
			 974 CMR 7.09:
Appendix)
may be permitted by the DEC without MHC approval,
			 provided it meets all of the following requirements:
1. no larger than 120 sq. ft.;
2. not placed on permanent
			 foundations;
3. located between the
			 rear property line and a line established by the rear of the principal building
			 on the lot;
4. not visible from any
			 public street;
5. Located at least
			 five feet from both rear and side lot lines.
Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 5.00 - Residential › Section 5.07 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				974 CMR
				5.00 or the administration thereof shall be held
				unconstitutional, invalid or void, it shall not affect any other provision of
				974 CMR
				5.00 or the administration thereof.