- Purpose and Process. 974 CMR 2.04 provides the requirements for the submission of the Definitive Subdivision component of the Unified Development Permit System. Procedural requirements are included in 974 CMR 1.00.
- Submission Requirements for Definitive Plans. When the Subdivision Plan is submitted with other Unified Permit components, submission of duplicate information shall be minimized.
An Applicant for Definitive Plan endorsement shall file the following:
(a) A completed Permit application form.
(b) The required Administrative Fee.
(c) A Certified List of Abutters, including the names and addresses of all property owners within 300 feet of the boundaries of the proposed subdivision as shown on the most recent tax list of the town.
(d) The mylar or other acceptable reproducible of the Definitive Plan and 14 blue or black line prints of each.
(e) A locus plan of the subdivision at a scale of 500 feet to the inch or other appropriate scale as determined by the Director, depicting the exterior lines of all proposed new or substantially upgraded streets in the subdivision, and clearly showing their location in relation to one or more existing streets or contiguous portions thereof. Where buildings or other significant structures exist on abutting lots, they shall be located on the locus plan as well.
(f) A sketch plan showing a possible or prospective street layout for any adjacent unsubdivided land owned or controlled by the Applicant.
(g) Drainage calculations prepared by an Engineer as specified in 974 CMR 2.07.
(h) Request for Determination of Applicability (RFD) or a Notice of Intent (NOI) shall be submitted in accordance with Article XII of the By-Laws and 974 CMR 4.06.
(i) Copies of all existing easements, covenants and restrictions applying to the area that is proposed to be subdivided, and applying to areas outside the proposed subdivision where such easements will be used to provide services to the land proposed to be subdivided.
(j) Soil suitability tests and analysis shall be submitted, describing the locations, elevations, and classification of the soil strata by depth, indicating clearly the depth at which groundwater is encountered, and the date of the tests.
(k) Location of soil suitability test pits along the centerline of the proposed layout. Depth and intervals shall be determined by the Director.
(l) The grading plan shall accurately show the topography and drainage patterns needed to permit future development for each lot in the proposed subdivision. It shall also show existing grades and grades proposed to permit the construction of the roadway, driveways and future buildings, and the installation of utilities. Any need to add or remove material to or from the lot, or to alter drainage patterns in order to fully develop the lot, in accordance with the By-Laws, shall be quantified and documented for the Definitive Plan.
(m) If new roadways are to remain private ways, a proposed plan for long term maintenance.
(n) Provisions for street lighting for the proposed subdivision shall be undertaken before or at the time the Definitive Plan is submitted, and shall be in accordance with the illumination standards specified in 974 CMR 4.00.
(o) Notation of any variance issued as to the land or structures within the parcel giving Devens case number, date granted, and description of the variance.
(p) A list of Waivers requested by the Applicant, identified as Waivers of Submission and Plan Form and Contents requirements or Design Standards, with the applicable section of the Regulations clearly identified or a statement that no waivers are being requested.
(q) If requested by the Applicant, a plan for the phasing of the construction of the required improvements, including a description, schedule, and plan of showing the location of each phase.
(r) A Stormwater Pollution Prevention Plan, including erosion, siltation, and dust control measures before and during construction, and appropriate ground cover, seeding, and street sweeping of adjacent public ways.
- Plan Form and Contents. The Definitive Plan shall be prepared, signed and sealed by a Registered Professional Engineer. The Plan shall be clearly and legibly drawn in accordance with the recording rules adopted by the Worcester County or Northern Middlesex Registry of Deeds in Massachusetts. The Plan shall be at a scale of one inch = 40 feet or such other scale as the Director agrees to accept prior to the Plan being submitted. Sheet sizes shall be 24 inches by 36 inches, with margins of 1½ inches on the left-hand margins, and all others ¾ of an inch or other margins acceptable to the Registry of Deeds. If multiple sheets are used they shall be accompanied by an index sheet showing the entire subdivision. The Plan shall be drawn in black ink on mylar.
The Definitive Plan drawings shall contain the following information:
(a) Subdivision name, boundaries, north arrow (indicate whether true, magnetic or grid), locus plan (at a scale not be smaller than one inch = 500 feet), date, scale, legend, and the title, Definitive Subdivision Plan.
(b) A title block containing the name and section designation of the subdivision, the name of the Owner and the Applicant and the name, seal and signature of the Engineer or Surveyor, designation of drawing with reference to the matter shown thereon and number of the drawing.
(c) Names and addresses of the Engineer and Surveyor.
(d) Abutting properties labeled with the names of all abutting property owners as they appear in the most recent tax list.
(e) Suitable space for endorsement of the plan by the DEC on the top sheet of the Definitive Plan, and suitable space for signature of the DEC Chairperson or designee on each successive sheet. The top sheet shall also include space for conditions, covenants, notes, etc.
(f) Entire parcel of land being subdivided and all contiguous property in the ownership of the Applicant or in the same ownership as any of the land being subdivided. If the Applicant wishes to have some portion of such land designated in the Definitive Plan as not 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.
(g) Names, existing improved widths, and exterior lines of existing ways that are bounding, providing access to, or approaching in close proximity to the subdivision; the boundaries of existing areas dedicated to other public uses and the location and character of existing easements within or adjacent to and serving the subdivision.
(h) All boundaries of Devens Zoning and overlay Districts that intersect the proposed subdivision.
(i) All deed lines within the subdivision, if the subdivision includes more than one deed, and the deed references, where available.
(j) Boundary lines, areas in square feet, and dimensions of all proposed lots with all lots designated numerically and in sequence, computed by a Surveyor. When assessors or their equivalent are available for Devens from MassDevelopment, the new lots shall be referenced accordingly.
(k) Proposed street addresses for each new lot being created.
(l) Sufficient data including lengths, bearings, radii, and central angles to determine the exact location, direction, and length of every street and way line, lot line, boundary line, and sufficient data to establish these lines on the ground.
(m) Location and outlines of the following:
- All existing improvements within the subdivision including buildings, fences, paving, utilities lines, walls, and so forth. Where there are existing buildings, they shall be identified as to their proposed use, and the number of existing parking spaces available for the buildings shall be shown.
- 100 year flood plain and flood plain elevations as shown on the National Flood Insurance Rate Maps issued by FEMA. Within 100 feet of the edge of the proposed right-of-way, site features such as stone walls, rock outcroppings, fences, trees greater than 12 inches in diameter at a height of 3.5 feet above the ground, shall be shown. In addition, other areas deemed by the Director to be important for reasons of visual buffering or attenuation of environmental impacts shall also be shown.
- Wetlands, watercourses, water bodies offsite but abutting the subdivision within 300 feet, and all private wells located on or within 200 feet of the property, and all public and community water supply wells on or within 1,000 feet of the property.
(n) Boundaries of any Area Subject to Protection as defined by M.G.L. c. 131, The Wetlands Protection Act. For any lot that contains such wetland areas, the area in square feet of wetlands contained within the boundaries of the lot shall be shown.
(o) Location of all permanent monuments properly identified as to whether existing or proposed, stone bounds to be set at tangent points and at turning points on way lines and property lines.
(p) Boundaries of any existing area or areas proposed to be dedicated to public use. The DEC may, at its discretion, allow the Applicant to dedicate portions of private development lots to be declared as conservation areas or trail easements, when formal conservation agreements and deed restrictions are created in favor of a qualified and responsible party or organization.
(q) Existing and proposed topography for the entire subdivision at a contour interval of not greater than two feet or such other interval as may be approved by the DEC prior to the submission of the plan. Existing contours must be shown extending 100 feet beyond the property to be subdivided.
(r) Layout of the proposed storm and surface drainage system showing the size and location of existing and proposed surface and subsurface water drains and their appurtenances. The plan shall provide for adequate capture and discharge of surface water runoff from all sources in accordance with the Stormwater Management Design Standard of 974 CMR 4.08 (or, if changing the drainage, providing for adequate alternative drainage). If available, connection shall be made for public stormwater management systems.
The Applicant shall also provide the supporting data and design analysis, including plans and profiles showing the location and size of drain lines, culverts and trenches, design of catchbasins and manholes, and such other information as may be required to describe the drainage. All such information shall be stamped and signed by an Engineer.
(s) Special drainage construction features, deviating from or not covered by standard specifications, on detail drawings. Such detail drawings may be incorporated as part of a utility plan or profile or may be executed on a separate sheet or sheets, and shall provide information as to dimensions, locations, inverts, rim elevations, elevations, materials, and so forth, of the construction details involved. The requirement for detail drawings shall be applicable, but not limited to, bridges, culverts, permanent and interim drainage improvements, structurally stabilized slopes, utility piping encased in concrete, swales and brooks shaped or constructed to a definite cross-section, dams and spillways, steps within the exterior lines of the street and similar construction features.
(t) Layout of the proposed water supply and sewer systems showing the size and location of existing and proposed lines and their appurtenances. The Applicant shall also provide supporting data and design analysis, including plans and profiles, as may be required to describe the water and sewer systems.
(u) Water and sewer service laterals reflecting tie-ins and appropriate connections to existing and proposed lots reflected on the subdivision. The Plan shall also show elevation of sewer laterals for each connection to a newly proposed lot, generally at the property line.
(v) Lowest floor elevation of structures on each lot in the proposed subdivision.
(w) Location and base elevation of existing and proposed fire hydrants.
(x) Names, widths, and exterior lines of proposed streets and public ways, the boundaries of other proposed public areas within the Definitive Plan, and the location and type of proposed easements within or adjacent to the subdivision. Street names shall provide for ready identification and are in keeping with the character and history of Devens and be approved by the DEC.
(y) Methods to minimize the number of curb openings into public ways. Common driveways and private service roads may be proposed and favorably considered by the DEC, provided the following criteria are satisfied: a) easements and maintenance agreements between the parties sharing the facility are deemed satisfactory by the DEC; and b) the traffic analysis demonstrates sufficient capacity in the common driveway or service road.
(z) Location of existing or proposed underground utilities such as gas and electric lines, and other underground conduits or cables, and any proposed underground connection points to existing or future planned public services.
(aa) Proposed general location of street lighting within the proposed subdivision way. The design and specifications of such lighting shall be submitted and included on detail sheets, and shall be in accordance with the illumination standards of 974 CMR 4.00.
(bb) Where no Site Plan is being concurrently submitted with the Definitive Plan, the information required should be depicted on separate sheets. The following general groupings are suggested where the information cannot readily be shown on a single plan:
- Boundaries of the subdivision, names of abutters, proposed right-of-way, lot lines, areas and dimensions, easements, adjacent streets, zoning districts, driveways, monuments, and so forth
- Proposed lot lines, topography, grading, watercourses and water bodies, wetlands, existing improvements, natural site features, and similar information.
- Proposed lot lines, utility installations including structures, easements, and so forth
- Some information, such as the location of lot lines and the right-of-way shall be located on each sheet in order to permit the various sheets to be related to each other.
- Form and Content of Way and Profile Plans. The following must be shown on way and profile plans:
(a) Separate layout plan for each proposed street in the subdivision, at a horizontal scale of one inch = 40 feet, showing for each street the proposed exterior lines, centerline, points of tangency, length of tangents, length of curves, intersection angles, radii of curves, and the location of permanent monuments and benchmarks, together with all lot lines, buildings, and other major features within 40 feet of the exterior lines of such street. The layout plan shall also show the size and location of all storm drains, water mains and sewers within the street, together with their appurtenances. All water gate boxes, mains, and service shall be shown with the tie-ins so they may be located by measurements. Sidewalks and planting strips shall also be shown on the layout plan if proposed or required for the subdivision.
(b) Cross-section or sections of each roadway, shall be properly located and identified by station number. The sections shall show sidewalks, utilities, depth of utilities, depth of gravel, crown of road, thickness of surface and materials. Slope of the side of the roadway to the property line shall also be shown.
(c) A profile directly above or below the layout plan of each proposed street, at a horizontal scale of one inch = 40 feet and a vertical scale of one inch = four feet. The profile for such street shall show existing centerline grades in fine solid lines, existing exterior right side line in fine long broken lines, existing exterior left side line in fine short broken lines, and proposed finished centerline grades in heavy solid lines. Proposed grade elevations shall be shown by figures at beginning and end, and at 50 foot stations, except on vertical curves where they shall be shown at 25 foot stations. Rate of gradient in percentage shall also be shown.
All elevations shall refer to National Geodetic Vertical Datum (NGVD) of 1929, unless in the opinion of the DEC, suitable benchmarks are not readily available, and alternative benchmarks are authorized by the Director prior to the submission of the plans. Profiles shall also indicate the location of any intersecting public or private ways, and the location of existing and proposed storm drains, water mains, and sewer and their appurtenances, and other utilities. The profile shall show the rates of grade for sewers, storm drains, and water mains.
(d) Material type for existing and proposed storm drains, water mains, and sewers, conforming to the material specifications of 974 CMR 2.00.
(e) Proposed centerline profile of each way, showing the elevations of intersections of tangents, 50 foot stations, rates of slope vertical curves, and data pertaining thereto in figures for each 25 foot station.
(f) High points and low points of vertical curves, calculated and shown on said profiles.
(g) Profiles on easements and on the exterior lines of ways at a horizontal scale of one inch = 40 feet and vertical scale of one inch = four feet, or such other scale as the Director deems appropriate. All subdivision profiles and road grade levels will be established using certified benchmarks within Devens and tied to the Massachusetts Coordinate System or as directed by MassDevelopment Engineering.
- Review and Decision Process.
(a) Determination of Completeness. The Director shall make a Determination of Completeness as described in 974 CMR 1.00. If the application is Complete, the Director shall forward it to the DEC.
(b) Circulation and Review by the Towns. Upon receiving the Definitive Plan, the DEC shall send one copy to the Boards of Selectmen and the Planning Boards of each of the Towns, who may within 30 days of receipt of such material, send written comments to the DEC for its consideration (By-Laws, Article II, Section A.10).
(c) Public Hearing. The DEC shall hold a public hearing to consider the application.
(d) Action and Written Decision. After the public hearing is closed, the DEC shall determine if the Review Criteria are met.
The DEC shall render a decision within the time periods prescribed in 974 CMR 1.00, or an extended time period mutually agreed upon by the Applicant and the DEC.
The following actions by the DEC are authorized:
Approval (including conditional approval). If the plan meets the Review Criteria and Design Standards, the DEC must approve the Plan. The DEC's approval may be conditional. The DEC then endorses the mylar reproducible of the Definitive Plan.
Disapproval. If the plan is disapproved, the DEC shall state in detail where the plan does not fulfill the requirements of 974 CMR 2.00.
- Review Criteria. The DEC shall endorse a Definitive Plan if it meets the following criteria:
(a) Compliance with 974 CMR 2.00 and with the applicable provisions of the By-Laws.
(b) Proposed improvements comply with 974 CMR 2.07.
(c) Streets connect to and are accessible from a public way or an existing private way open to the public and in which the Applicant has the necessary rights.
(d) All streets in the subdivision are designed so that they provide for safe vehicular and pedestrian travel in accordance with 974 CMR 2.07: Table Street Design Standards by Classification.
(e) Provision has been made for the future extension of streets or for access to adjoining property not yet subdivided. Proposed ways shall continue to the exterior boundary of the plan unless the DEC determines allowing a lesser extent of roadway is in the public interest.
(f) All streets shall be in alignment with existing ways in the street system, to the maximum extent possible, and the same or other appropriate width to be determined by the DEC. Ways shall be continuous, and shall compose a convenient system with connections adequate to ensure free movement of vehicular traffic. The use of dead-ended, cul-de-sac streets shall only be permitted if the Applicant demonstrates to the satisfaction of the DEC that alternatives for connecting to other Devens ways are impractical or unreasonable.
(g) Plans for streets proposed for public acceptance shall provide for private long-term street maintenance unless and until the MassDevelopment accepts the streets.
(h) The drainage shall be designed in accordance with 974 CMR 2.07.
(i) Storm drains, culverts, and related installations, both surface and subsurface, are designed to provide for safe unimpeded flow of natural water courses, drainage of low areas along streets, and to intercept stormwater run-off along streets at intervals reasonably related to the surface type, grade, and acreage area drained. Proper connection shall be provided to the existing drainage system and drains shall be extended to adjacent lands in order to provide for their future continuation. Easements are required for drainage that runs through land outside the subdivision.
(j) Adequate water supply exists in terms of quantity, quality, and water pressure, for future development on the property.
(k) Water mains, laterals, and appurtenances shall be designed to provide adequate water service for the needs of future development of the subdivision and for fire protection. The minimum size of a water main shall be in accordance with 974 CMR 2.07.
(l) The sewer system has adequate capacity for discharge from future development on the property.
(m) Sanitary sewers including all appurtenances shall be designed to serve all lots in a subdivision and to provide connection to the Devens sewerage system. The DEC may require that sewers extend to the boundaries of the subdivision where adjacent land is not served by sewers. Easements are required if sewers must extend over land outside the subdivision.
(n) Names of streets provide for ready identification and are in keeping with the character of Devens.
(o) Required landscaping amenities are located entirely within the right-of-way and are designed to provide visual and climactic relief from broad expanses of pavement, to create separations between vehicular and pedestrian circulation, and to enhance the natural and rural campus-like character of Devens.
(p) Indigenous (native) plant material is used to maintain ecological diversity and prevention of local and regional decimation of tree cover by a single disease. Existing healthy, mature vegetation within and adjacent to the right-of-way is retained to the maximum extent feasible.
(q) The incorporation of sidewalks into the right-of-way of subdivision streets support and enhance safe pedestrian circulation by providing separate, dedicated pedestrian paths, thereby reducing potential conflict with vehicular and bicycle circulation occurring within the roadbed.
(r) Sidewalks are designed to be universally accessible and to contribute to an overall network of sidewalks that ultimately will become a continuous and predictable system of walkways offering safe connections from any combination of pedestrian generators and destinations.
(s) Trails shown on the Trail Master Plan have been constructed and adequate connectors to the main trail system have been provided.
- Conditions. The DEC may impose conditions necessary to cause the Definitive Plan to comply with the review criteria and 974 CMR 2.07. Conditions the DEC might impose include:
(a) Completion of proposed ways and installation of the proposed improvements within the period specified by the DEC or agreed to by the Applicant.
(b) The DEC may require slope easements and/or retaining walls to provide for more gradual slopes and to support the street or adjacent land. Construction of retaining walls shall be in accordance with Massachusetts DPW standards.
(c) The DEC may require that common portions of the water, sewer, drainage, and roadway systems be offered for public acceptance. The DEC may alternatively require that common portions of the systems be privately maintained; and, if such systems are required or proposed to be private, in perpetuity, the Applicant must provide for their long-term maintenance in a way that is satisfactory to the DEC.
(d) The DEC may require measures to ensure compliance with earth removal provisions in 974 CMR 4.07.
(e) The DEC may require that certain offsite improvements be constructed within Devens. These improvements involve the upgrading of street, utility or drainage systems beyond the bounds of the subdivision. The DEC shall determine that activities entirely attributable to the proposed subdivision will create significant capacity, safety or environmental problems within the public infrastructure. The DEC's findings shall be based upon data provided by the Applicant's Engineer or the DEC. Offsite improvements include:
- Upgrading of street system capacity, efficiency, or safety of vehicular flow.
- Installation of improvements or segments within utility collection or distribution systems designed to increase their capacity or enhance performance.
- Construction or upgrading of drainage collection or discharge improvements in order to provide sufficient capacity for lot-related runoff.
- Installation of protective measures to safeguard wetlands and resource areas, when the bounds of such areas extend beyond the perimeter of the subdivision lot.
Vicinity improvements will typically involve upgrading of streets, utility and/or drainage systems either along and near the frontage of the lot, or extending "cross lots" by means of an easement. Such improvements may extend beyond lot frontage and/or bounds as reasonably necessary, in order to physically accommodate the required improvements. Vicinity improvements are restricted to those demonstrably generated by the proposed subdivision lot and may be addressed by constructing improvements in the immediate area or in locations that do not have a geographically extensive impact. The DEC shall make all such determinations, based directly upon the Review Criteria in 974 CMR 2.00.
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