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 3.00 SITE PLAN

3.02:   Requirements

  1. Site Plan Review 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; and

      (e) construction of a project that will result in changes to the existing land surface area of 10% or more of the lot size.

  2. Submission Requirements. When the Site Plan is submitted with other Unified Permit components, submission of duplicate information shall be minimized. Specific submission requirements shall be established by the Director during the scoping session prior to the pre-permitting conference.

    An applicant for Site Plan review shall file the following:

      (a)   A completed Permit application form.

      (b)   The required Administrative and Peer Review Fee.

      (c)   10 blue or black line prints of the Site Plan, unless another number of plans has been specified by the Director.

      (d)   A List of Abutters, certified if abutters are not located in Devens and a sketch plan showing the proximity of the abutters to the site.

      (e)   Drainage calculations prepared by an Engineer complying with 974 CMR 3.04(4).

      (f) 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 1.05.

      (g) Copies of all existing easements, covenants, restrictions and Institutional Controls applying to the lot.

      (h) Soil suitability tests and analysis.

      (i) 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.

      (j) Copy of any variance applying to the land, granted or filed concurrently with the Site Plan.

      (k) A narrative demonstrating compliance with the Reuse Plan and By-Laws meeting the specifications of 974 CMR 1.02.

      (l) If proposed by the applicant, a plan for the phasing of the construction of the required improvements, including a description, schedule, and plan showing the location of each phase.

      (m) A written statement of compliance with the Devens Open Space and Recreation Plan (DOSRP) and the Devens Main Post Trails report dated July 2001, to determine the effects, if any, of proposed development on resource areas, proposed trail rights-of-way, active and passive recreation areas, and other amenities included in the DOSRP.

      (n) If an applicant proposes parking lot construction phasing, a written statement demonstrating that the portion to be constructed is sufficient for the needs of the users of the proposed structure, comparing the number of spaces required by the By-Laws to the number the applicant believes are adequate, written certification that no building or permanent accessory structure will be placed on the area reserved for additional parking spaces, and a draft covenant that the parking will be built when the DEC determines it is required.

      (o) An estimate of the number of vehicle trips daily and for the morning and evening peak periods (trip generation rates shall be based on the ITE "Trip Generation Manual" most recent edition, and, if applicable, data about similar developments in Massachusetts) and a description of traffic mitigation measures proposed including traffic management plans, trip reduction methods, and car/vanpooling preferential parking.

      (p) An erosion and sedimentation plan.

      (q) A landscape treatment maintenance and water management plan.

      (r) A narrative demonstrating compliance with the Industrial Performance Standards.

      (s) The sustainable sites section of US Green Building Council LEED™ Green Building Rating System™ Checklist (http://www.usgbc.org/) most recent version, the remainder of the completed checklist to be submitted when the building permit application is submitted.

      (t) Building elevations or perspectives of those portions of the building visible from public ways and residential and open space zoning districts showing the general appearance, massing, building materials, proposed colors, and relationship to abutting premises, and, prior to the Public Hearing, the design review letter from Mass Development.

      (u) Building design review materials and if located within the Viewshed District, viewshed impact analysis.

  3. Plan Form and Contents.

    (a)   Surveying and Drafting Plan Requirements. The Site Plan shall be 24 inches by 36 inches (although site plans for larger sites may be shown on sheets not exceeding 30 inches by 42 inches) and at a scale of one inch = 40 feet, unless an alternative scale is authorized by the Director.

    When a Site Plan also involves a subdivision, the Site Plan must conform to the Registry of Deeds requirements for recording.

    The Site Plan must also show:

    1. The names and addresses of the record owner of the land and the applicant and the name, seal, and address of the designer, Engineer, Surveyor, and Registered Landscape Architect who made the plan, all of which shall appear in the lower right-hand corner.

    2. The name of the development, scale, date of plan, and legend.

    3. A locus plan indicating the general location of the site in relation to all adjacent and nearby roads, railroads, and waterways.

    4. Ties from the development site to the nearest town and county bounds if within 1000 feet of the site. Bearings and curve data/distances of all lot lines, names of all adjoining property owners as they appear in the most recent tax list, and the location of easements, rights-of-way, and public and private ways.

    5. Devens Lot number of the site, if available.

    6. Topography for the entire site in two-foot intervals with contours and principal elevations of significant existing and proposed features related to the National Geodetic Vertical Datum (NGVD) of 1929. Existing contours shall be shown as dashed lines and, along with all other existing features, shall be screened. Proposed contours are to be shown as solid lines.

    7. A space for the DEC's endorsement of the Site Plan by a majority of the members of the DEC on the front sheet and space for the chairperson or designee to sign all other sheets.

    (b)   Administrative Plan Requirements. The Site Plan shall also include:

    1. Zoning district(s) and any boundary of zoning districts within the site, along any existing or proposed lot line, or within 50 feet.

    2. The location, dimensions (including height), and general use of all existing and proposed buildings and structures to remain, including ground coverage, gross floor area, open area uses, and other facilities and improvements. Location of buildings existing on the site to be developed and on adjacent land under the same ownership within 500 feet of the lot line, indicating whether existing buildings are to be retained, modified or removed.

    3. A statement noting the area of the site, the percentage of the site to be covered by impervious surfaces (such as buildings and parking areas), the area to be devoted to open space, the area to be paved for parking, driveways, loading spaces, and sidewalks, the number of proposed parking spaces and the number required by the By-Laws, the number of employees expected per shift, and the gross floor area of each proposed (commercial, industrial, office, or other) use. This data shall be tabulated to show the relationship of the required versus the proposed quantities.

    4. Existing and proposed front, side, and rear setback dimensions.

    5. Parking lots and loading docks, showing driveway entrances and exits designed for safe ingress and egress, curb cuts, layout of parking spaces, aisles, off-street loading facilities, pedestrian walks, bicycle racks or storage facilities, handicap ramps, and representative cross-sections of service and parking areas and driveways.

    6. Landscape Treatment

        a. Existing and proposed landscape features such as fences, walls, planting areas, wooded areas, and walks. Scattered trees to be preserved shall also be shown as well as all "specimen trees" (trees exceeding a minimum caliper of twelve inches) within 100 feet of existing or proposed lot lines have been identified and indicated on the plan. All existing landscape features, especially existing trees and woodland to remain, shall be shown on ALL site plan sheets, such as site preparation and demolition, layout, grading, utilities, and erosion control, as well as planting plans. Landscaping Plans, Planting Plans, Planting Detail sheets, Landscape Maintenance Plans, and Planting Specifications shall be prepared by a Landscape Architect registered in the Commonwealth of Massachusetts and shall bear the seal and signature of the Registered Landscape Architect who prepared them.

        b. Planting Plans shall indicate the locations of proposed site lighting, even if site lighting is shown elsewhere on a separate plan and designed by separate consultant. Planting plans shall also include details and locations for walks, walls, and fences including dimensions, materials, and finishes.

        c. Quantities, species, and spacing of plantings in lot setback areas, screens, parking and loading areas, and other landscaped areas shall be shown at a minimum scale of 1"=40'. Detail plans for areas such as landscape treatments adjacent to buildings, tree clusters or shrub beds, landscaped islands in parking areas, or other densely landscaped areas shall be shown at a scale of 1"=20'.

        d. If an irrigation system is proposed, the Submission shall include an irrigation plan showing the complete layout and of all components, complete schematic diagrams of all systems, a functional and sequential description of all systems, and irrigation details for installation of all components, including but not limited to piping, valves, valve boxes, sprinkler heads, backflow preventers, automatic control systems, pumps, meters, associated cabinets, and all appurtenances as needed. Plans shall include connections to water system and connections to electrical systems.

    7. Proposed means of fire equipment access.

    8. Proposed traffic circulation systems, including the volume and proposed direction of traffic flows into, out of, and within the site for both vehicles and pedestrians for an average day and for peak hours.

    9. Location and dimensions (including height) of all storage facilities for equipment, material, and other like items and the location of all aboveground and underground fuel, combustible, and flammable liquid storage tanks greater than two hundred and fifty (250) gallons.

    10. Location and dimensions (including height) of facilities for garbage, rubbish, recycling, and other waste collection and disposal.

    11. Garage and pedestrian entrances and exits.

    12. Maximum size vehicle, including trailers, expected to use the site after construction, by length, width, height, and American Association of State Highway and Transportation Officials (AASHTO) designation.

    13. Location and dimensions (including height) of existing and/or proposed free-standing signs and the manner of illumination. All proposed signs shall conform with Article XIII of the By-Laws and 974 CMR 6.00: Sign Control as most recently amended.

    14. Existing and proposed public and private utilities, above and below grade, along with their type, size, and class.

    15. If the project is to be phased, a plan for the phasing of the construction of the required improvements, including a description, schedule, and plan of affected areas.

    16. Any additional details that may be pertinent or required by the Director during the scoping or Pre-Permitting sessions.

    (c)   Industrial Performance Standards Plan Requirements.

    1. The site lighting information shall be provided on the Site Plan, including types of fixtures, heights, wattage, foot candle output directly under the light source, foot candle output at the lot line, and a photometric layout/diagram showing direction and intensity of outdoor lighting. The plan shall also designate which lights (if any) shall remain on overnight (between 11 p.m. and 7 a.m.) to provide adequate illumination for night operations.

    2. Notes shall be provided on the Site Plan stating:

        a. Existing or proposed use will not generate electromagnetic interference to any sensitive receptor. Interference with the Harvard-Smithsonian radio telescope (1400-1720 MHz) is specifically prohibited.

        b. Proposed or existing use will not cause pronounced, multiple patterns of noise or vibration nuisance to, or interfere with, any sensitive receptor.

        c. Either "A Massachusetts Department of Environmental Protection (DEP) air quality permit application has been made" or "A DEP air quality permit is not required."

    3. Locations or uses deemed by the Director to be sensitive receptors in any given area of impact may be subject to field identification of the receptor and/or special documentation or field data that helps to clarify the existence or absence of subject impacts. This documentation and data includes existing secondary data and studies, limited field testing by the applicant, or in the worst case scenario, retention of additional professional consultants to conduct further testing. Specifications for any additional information will be identified by the Director during the pre-permitting conference and shall be incorporated in the Site Plan Submission.

    (d)   Wetlands/Water Resources/Flood Plain Plan Requirements. The Site Plan shall include:

    1. All existing natural features including ponds, brooks, wetlands, Federal Emergency Management Agency (FEMA) flood plain elevations on and/or adjacent to the lot, Flood Insurance Rate Map (FIRM) panel number, zone designation, and base flood elevation;

    2. Erosion, siltation, and dust control measures before and during construction, including appropriate ground cover, seeding, and street sweeping of adjacent public ways;

    3. Location of all private wells on or within 200 feet of the boundaries of the property;

    4. Location of all public and community water supply wells on or within 1,000 feet of the boundaries of the property;

    5. Proposed conservation restrictions and easements, if any; and

    6. For any site plan within Zone II that stores fuel, combustible and flammable liquids, as defined by 42 U.S.C. section 6901-6922i, G.L. c. 148, and 527 CMR 9.00, an addendum to the DSPCC and the location of on-site materials and equipment for spill response in accordance with its specific DSPCC.


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