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

3.03:   Review and Decision

  1. Review. The DEC shall follow 974 CMR 1.04 to process and 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 drives, parking lots, loading areas, paths, sidewalks, and streets are designed to provide for safe vehicular and pedestrian travel.

      (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 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.

      (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.

  3. Conditions. The DEC may impose conditions so that the Site Plan complies with the review criteria and 974 CMR 3.04. Conditions the DEC might impose include:

      (a) The completion and installation of the proposed improvements within a period specified by the DEC or agreed to by the applicant.

      (b) The extension of water, sewer, and drainage systems to the undeveloped land abutting the site to allow for future connection with the public systems.

      (c) Measures to ensure compliance with earth removal provisions in 974 CMR 4.07.

      (d) Measures to ensure compliance with any Institutional Controls located within the boundary of the site.

      (e) Construction of offsite improvements involving the upgrading of street, utility or drainage systems beyond the site if the DEC finds that the proposed use of the site will create significant capacity, safety or environmental problems within the public infrastructure. Any required offsite improvements shall be located within Devens.

      Specifically, the following types of offsite improvements might be required:

      1. Upgrading of street system capacity, efficiency, or safety of vehicular flow.

      2. Installation of improvements or segments within utility collection or distribution systems designed to increase their capacity or enhance performance.

      3. Construction or upgrading of drainage collection or discharge improvements in order to provide sufficient capacity for lot-related runoff.

      4. Installation of protective measures to safeguard wetlands and resource areas, when the bounds of such areas extend beyond the perimeter of the site.

  4. After approval of the Site Plan, the applicant shall supply a reproducible mylar for endorsement, along with a copy of the Site Plan in digital format for the DEC records. Proof of recordation and as-built plans may also be required.

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