DEC's Role and Responsibilities
What does the DEC do?
The DEC acts as the regulatory and permitting authority for the Devens Regional Enterprise Zone. It functions as a board of health, conservation commission, zoning board of adjustment, and planning board. Please review Chapter 498, the Devens By-Laws and the DEC's Rules and Regulations for a more complete response.
Who appoints the DEC commissioners?
There are twelve DEC Commissioners. Six commissioners are nominated by Ayer, Harvard, and Shirley. Six additional regional Commissioners are appointed by the Governor. The Governor appoints the Chairperson.
Are the DEC commissioners paid?
No. They are volunteers that live or work in the communities surrounding Devens.
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Participating in Public Hearings
Why attend a public hearing?
It's your opportunity to be heard. A public hearing is the forum for citizen input into a particular development proposal or revisions to DEC regulations. The DEC is legally required to hold public hearings on certain development proposals and on revisions to DEC regulations. The public hearing is the forum for the DEC to consider comments made by a developer, the DEC's consultants, town officials and staff, and citizens. After hearing all of these comments (either in written or verbal form) the DEC renders its decision.
As long as the hearing remains open, new evidence can be presented for review by the DEC. After the hearing is closed, no additional information can be presented to the DEC. Once the hearing is closed, the DEC deliberates on the evidence presented and then votes to deny, approve, or approve with conditions the proposal.
What is a public meeting?
A public meeting is the forum for the DEC commissioners to discuss with one another DEC business matters. Citizens may attend these meetings but the DEC is not required to entertain public comments at meetings.
How do a find out when a public hearing or meeting will be held?
Notices of public hearings are published in local newspapers (Nashoba Publications, The Harvard Post and The Shirley Volunteer) and posted in town halls.
Why did I receive a certified public hearing notice?
The DEC sends certified letters to everyone who owns property abutting or within 300' from the property that is the subject of an application for a land use permit. Therefore, you may receive a written notice but your neighbor may not. As a courtesy, the DEC tries to notify local civic.
Am I required to attend the public hearing?
No. The most effective way to make your opinion known is to attend the hearing, since the DEC Commissioners have an opportunity to ask you questions (if they need clarification) and you have the opportunity to listen to the developer's presentation.
How can I obtain a copy of a staff report on a permit application?
Staff reports are available five days prior to the public hearing date. Please contact the DEC office at 978-772-8831 or via email, peterlowitt@devensec.com to obtain a copy.
When and where does the DEC hold its meetings? What time do the meetings begin?
The DEC usually holds its hearings in the "Generals" Conference Room at 43 Buena Vista Street, Devens, Massachusetts. Usually hearings are held on the last Tuesday of each month at 6:45PM and business meetings are conducted on the first Thursday after the first Tuesday of each month at 7:30AM, or as the schedule allows.
How do I get to 43 Buena Vista Street?
43 Buena Vista Street is also known as Vicksburg Square. Follow signs to Mass Development offices and Vicksburg Square.
How do I obtain hearing and meeting agendas?
An agenda is posted at the DEC offices, at least 48 hours before the hearing or meeting.
How do I find out what time a hearing will be held?
The exact time is not established until the night of the hearing. The DEC Chair sets the order of the DEC agenda at the beginning of each meeting, taking into consideration the expected length of the hearing, the number of speakers expected on each application, the preferences of DEC commissioners and staff availability.
How do I get the opportunity to speak at a DEC hearing?
Request permission to speak from the Chair. The Chair will be acknowledge you in the order in which you raised your hand. Please sign the attendance sheet so your name is properly spelled for purposes of the meeting minutes.
How long may and how often may I speak?
Everyone will be allowed 4 minutes, with the hope that people will use less time. Once you have spoken, you will not be recognized again until everyone who wants to speak has had an opportunity to do so.
If I bring copies of my testimony, how many should I bring?
Please bring sixteen (16) copies - 15 for the Commissioners and one (1) for the DEC records.
Will I be notified if a public hearing is postponed?
If the applicant has given timely notice to the DEC that he or she cannot attend, the DEC's website will be updated to reflect the change. You are also encouraged to call the DEC Office at 978-772-8831 to verify the scheduled hearing. Weather cancellations are sent to the local radio stations and cancellations are posted on the entrance doors.
How can I voice my opinion on an application if I am unable to attend the hearing?
At any point during the hearing (before the hearing is closed) you may submit your written opinion on the pending application by mail to the Devens Enterprise Commission, 43 Buena Vista Street, Devens, MA 01432 or by fax at 978-772-7577 (please address your comments to the DEC since the fax is shared with other agencies).
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Housing and Historic District Regulations
Can I have window mounted air conditioners in the Historic District?
"The removal of window sash and the installation of permanently fixed panels to accommodate air conditioners or fans is prohibited." (Dineen Section 6 Pg. 11)
Window mounted removable air conditioners are allowed. Whole house air conditioning units are allowed. The units should be located in the rear of the building and screened by landscaping.
The Garage Master Plan allows for garages in various predetermined places within the Historic District. Can I vary the location?
The Record of Decision for the Garage Master Plans states: "Garages constructed through a Level I permitting process must utilize approved historic designs submitted as part of the package (sketches A-1, A-2, and A-3). Garages may be resized smaller, but retaining same detailing and proportions and not require a Level II review (but require the submission of detailed building permit plans). Any increase in size beyond the prototypes is Level II." The location may be varied, but you must secure approval from the DEC and go through a Level II permitting process. Sprinklers are required for attached garages.
Can I have a hot tub or pool located on my Historic District property?
Yes you may. - Private outdoor hot tubs and swimming pools are regulated by the State Building Code and require a barrier or a fence, wall, a building wall or combination thereof which completely surrounds the swimming pool and/or hot tub and obstructs access to the pool and/or hot tub. If a portion of the barrier is visible from a public way, it shall be visually impermeable. Hot tubs and pools should be located in the rear of the building.
Can I put a fence on my property within the Historic District?
No fences are allowed in the front yard between houses and the street. They shall be placed so that sight lines are not restricted, and are to be natural wood (painted or natural) and not to exceed 5'0" in height measured from mean grade to top of post, picket, board or panel. (Dineen)
Am I allowed to have signs on my property within the Historic District?
Buildings and premises within the Historic District shall be subject to review by the Massachusetts Historical Commission (MHC). The Commission may utilize more stringent standards and restrictive criteria than contained in 974 CMR 6.00. The Commission may also allow signs of a form not otherwise permitted by 974 CMR 6.00 or allow signs to be mounted in locations not otherwise permitted by 974 CMR 6.00, if, in their opinion, such sign may more appropriately fit with the character the premises and the district. (DEC Regulations 6.04)
In residential areas, occupants may erect a single 2 square foot freestanding or building mounted accessory sign, showing name, address, and allowed home occupation (if any).(DEC Regulations 6.04) Taken together these regulations allow a single 2 square foot sign in residential areas with approval of MHC and a sign permit from the DEC. It also allows some flexibility in the design of the sign based on historic concerns.
What is the process for making changes to my residential property at Devens?
The DEC encourages a preliminary meeting with staff to discuss your project. Before you make any expenditures, you should have an idea of what is involved. First you must review the Devens By-Laws
to determine if the proposed use is allowed. Next, approval for the project must be received from the condominium/homeowners association/Aspen Square Management Company. Joel Bertuzzi, Aspen Square Management Company, 380 Union Street, Suite 300, West Springfield, MA 01089. A Project Notification Form may be required to be filed with the Massachusetts Historic Commission, 220 Morrissey Boulevard, Boston, MA 02125 with accompanying documentation demonstrating compliance with the Protection District Design Standards and Guidelines. (Items of routine maintenance do not require approval of MHC). After approval from MHC (up to 30 days from filing), the DEC will either 1) conduct any public hearing that may be required and issue a record of decision for the project, and/or 2) issue any required permits that are required.
I want to install a new screen door, what's the process?
First check with the homeowner's association. Per the Apsen's "Devens Development Project the Estates at Harvard Hills, Devens Massachusetts dated June 2001 "New storm doors will be installed throughout the historic district. New storm doors will be full-light with white aluminum frames." Page 4 of the report. The report includes specifications for the storm doors. A DEC permit is not required, other than notification that the work will be taking place.
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