DEC logoRULES AND REGULATIONS
Regulatory Authority: Devens Enterprise Commission
Agency Contact: Peter C. Lowitt
Phone: 978.772.8831 ext 3338
Address: 33 Andrews Parkway, Devens, MA 01434
Massachusetts Register Number 881
Effective Date: February 2003

974 CMR 2.00 SUBDIVISION

2.03: Preliminary Subdivision Plan - Optional Level Two Review by the DEC

  1. Purpose and Process. The purpose of the Preliminary Subdivision Plan review process is to discuss and clarify the issues and any potential problems associated with the proposed subdivision before a Definitive Subdivision Plan is submitted. Submission of a Preliminary Plan is optional upon request of the Applicant.

  2. Submission Requirements for Preliminary Plans. After an Applicant and the Director hold a pre-permitting conference, an Applicant may submit a Preliminary Subdivision Plan which shall be filed with the DEC and shall include the following:

      (a) A completed Permit application form.

      (b) Required Administrative Fee.

      (c) 14 copies of the Preliminary Subdivision Plan.

  3. Plan Form and Contents for Preliminary Plans. The Preliminary Subdivision Plan shall be prepared by an Engineer or Surveyor and shall bear the professional's seal and signature. The Plan shall be drawn clearly and legibly on mylar sheets that are 24 inches by 36 inches, with a l½ inch left-hand margin and all others ¾ inch, and shall, unless otherwise determined by the Director, contain the following:

    (a) Subdivision name, boundaries, north arrow (indicate whether true, magnetic, or grid), locus, date, legend, and the title, Preliminary Subdivision Plan.

    (b) Names and addresses of the Owner, the Subdivider, and Engineer or Surveyor.

    (c) Abutting properties labeled with the names of abutting property owners as they appear in the most recent tax list.

    (d) Location, names, improved widths, and exterior lines of existing streets abutting, providing access to, or approaching in close proximity to the proposed subdivision. Where such information is available, the existing streets shall be marked as to whether they are public ways.

    (e) Location, names, proposed improved width, and exterior lines of all proposed streets within the subdivision, consistent with the right-of-way size, paved width, and other standards reflected in the Street Design Standards by Classification Table of 974 CMR 2.07.

    (f) Boundaries and character of all existing and proposed easements within or immediately adjacent to the subdivision.

    (g) Boundaries of any existing or proposed areas dedicated to public use.

    (h) The land being subdivided and all contiguous property owned by the Applicant. If the Applicant wishes to have some portion of such land designated in the Preliminary Subdivision Plan as not a part of the subdivision, the Applicant must submit to the DEC a determination from the Director that the land so excluded is a legally separate and buildable lot.

    (i) Proposed boundary lines of lots with dimensions and areas indicated.

    (j) Conceptual engineering plan of the proposed storm and surface drainage system. This plan shall include the general location and size of drain lines, culverts, trenches, catchbasins, manholes, and other structures in the proposed drainage system. The proposed drainage plan shall indicate the location of bodies of water and wetlands, both within and adjacent to the subdivision, particularly if they will be receiving drainage discharge from the subdivision. The Applicant shall submit sufficient information to indicate the general volumes, rates, flows, and so forth, that would be generated by the subdivision and must be accommodated by the drainage system.

    (k) Topography shall be shown with contour intervals of not greater than two feet. Figures of elevation to represent the natural surface may be provided in addition to contours. Earth removal shall comply with 974 CMR 4.07.

    (l) Existing improvements in their approximate locations and dimensions within the subdivision, including buildings, fences, paving, and above-ground utility lines.

    (m) Location of water bodies, water courses, general vegetative cover (woodlands), or other prominent features within or adjacent to the subdivision, at an approximate scale.

    (n) All boundaries of Devens Zoning Districts that intersect the proposed subdivision, including the location of wetlands and resource areas.

    (o) All deed lines within the subdivision, if the subdivision includes more than one deed, and the deed references, where available.

    (p) General location and sizes of all existing and proposed sewer and water lines that will serve the lots being subdivided.

    (q) Conceptually engineered center line profile of all proposed streets and ways, subject to final design; existing grade shall be shown for each side line as well as along the center line.

    (r) Proposed width of a right-of-way providing access to any adjoining properties or remaining parcels.

    (s) 100 year flood elevation as shown on the National Flood Insurance Rate Maps issued by the Federal Emergency Management Agency (FEMA).

    (t) Information pertaining to viewsheds, water resources protection, and other overlay district considerations.

  4. Advisory Nature of Preliminary Plan. The Director, after receipt of a Preliminary Subdivision Plan, shall determine whether the application is Complete. If the application is not Complete, the application shall not be forwarded to the DEC for review, but may be resubmitted at a future date.

    Within 30 days of the Preliminary Subdivision being Determined Complete by the Director, the DEC shall during a meeting discuss the application. It may utilize the Review Criteria in 974 CMR 2.04 to determine the suitability of the subdivision as preliminarily proposed.

    After discussing the plan, the DEC shall vote a consensus Opinion, determining whether a definitive plan evolving from the preliminary plan would generally comply with 974 CMR 2.00. The DEC may include any comments or recommendations to the Applicant with their consensus finding. The DEC's review of a Preliminary Subdivision Plan is advisory.

    A written record of the DEC's Opinion and any comments and recommendations shall be given to the Applicant.


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