(1)
Unified Development Permit System. The process for
reviewing Submissions in Devens is called Unified Permitting.
The purpose of Unified Permitting is to provide for expeditious
permitting of land development to promote the orderly conversion and
redevelopment of Devens. The DEC administers this system.
The major components of this system are zoning, site plan
review and lotting or subdivision of land. Also included are variances,
building permits, historic district certificates, board of health permits,
wetlands approvals and water resources protection review, sign permits, and
various licenses.
(2)
Levels of Development Review. Submissions shall be
processed pursuant to Level One or Level Two reviews.
Level One reviews are conducted by the Director and typically
include minor modifications to building and site plans, building permits
(without site development), and Certificates of Compliance under a Wetlands
Order of Conditions, as well as Level One Lotting plans.
A Submission that is not deemed Level One will be subject to
Level Two review Level Two reviews are conducted by the DEC.
A Unified Permit (Permit), may be approved, approved with
conditions, or disapproved by the DEC.
(3)
Principal Components of the
Unified Development Permit System. Among the most important
components are site plan review and division of land.
(a) Site Plan Review involves the siting of
buildings on lots and the creation of facilities and services designed to
accommodate the needs of the site, including, but not limited to, vehicular
parking and loading facilities, stormwater management, provision of utilities
on-site, landscaping and screening, and other improvements.
(b) Division of Land may be accomplished by
submission of a Subdivision or a Level One Lotting Plan. In a Level One Lotting
Plan, two or more lots are created, provided that frontage and lot area comply
with the By-law requirements and the frontage is located along a way the DEC
determines is maintained by MassDevelopment and used as a public way.
(4)
Application and
Submission Procedures for All Applications.
(a)
Submission
.
Applications for Permits shall be submitted at the DECs offices.
Devens Enterprise Commission
c/oDevens Commerce Center
43 Buena Vista Street
Devens, Massachusetts 01432
Consent of the property owner is required for all Submissions.
If land has not yet passed title from MassDevelopment to the new user seeking
to locate a facility at Devens, the Submission shall be filed by
MassDevelopment alone or in conjunction with the new user.
(b)
Time Periods.
Time periods are expressed in calendar days. If the last day of a time period
falls on a federal or state holiday or on a weekend, the time period ends the
next weekday. When calculating public hearing dates, the date of the hearing is
in addition to the required time periods.
(c)
Statement of Consistency with
Reuse Plan and By-laws
. Certain Submissions require the
Applicantto submit a Statement of Consistency with the Reuse Plan and
By-laws.
The Statement of Consistency includes:
1. A
description of the proposed development, including type of business, type of
operation, process or activities and other information needed to clarify what
will happen on the site once developed.
2. A statement detailing how the project
complies with the following sections of the Reuse Plan:
a.
Goals: including
a discussion of how the proposed development is "sustainable" (how it meets the
needs of future generations) and how it materially contributes to a sustainable
economy. How does the proposed development contribute to the diversity of uses
at Devens? How does it provide employment opportunities for persons with a
range of skills and experience levels?
b.
Objectives:
including a discussion of how the proposed development will create jobs and
benefit the regional workforce, those features of the proposal which build on
Devens' unique characteristics, how the proposed development will protect and
enhance quality of life, how the Applicant proposes to participate in some or
all of the DEC's sustainability programs, and how the proposal protects and
enhances Devens' ecological resources. Discussion should include specific
measures to mitigate its impacts on the environment and surrounding
communities.
c. A statement of how
the proposed use and development comply with Zoning district goals and
objectives of the By-laws and the Patterns (the Reuse Plan, section 4) for the
zoning district in which the site is located.
d. Any other relevant portions of the Reuse
Plan.
e. A narrative demonstrating
compliance with other applicable sections of the By-laws.
(d)
Industrial
Performance Standards. During the Pre-permitting Conferences, the
Director shall determine whether the
Applicant shall provide data pertaining to
some or all of the Industrial Performance Standards (
974 CMR
4.01 through
4.05) along
with the type and extent of the data to be required. The burden of proof shall
be on the
Applicant to demonstrate compliance with the Industrial Performance
Standards.
(e)
Waivers
of Requirements and Design Standards. If the
Applicant requests a
Waiver (elimination or modification) of a
Submission or Plan Form and Contents
requirement or a Design Standard, the request shall be made in writing
specifying the provisions to be waived, as part of the
Submission.
1.
Requirements
Waivers. The
Director shall determine whether to grant waivers
from
Submission and Plan Form and Contents requirements. Requests for these
Waivers shall be made and the
Director's responses shall be provided prior to
the deadline for the DOC. In determining whether to grant a
Waiver, the
Director shall consider whether the
Waiver:
a.
Has minimal or no applicability to the Submission; or
b. Does not impair the ability of the
Director and the DEC to evaluate the nature and effects of the proposed
project; or
c. Is already provided
in an alternative form acceptable to the Director.
2.
Design Waivers.
The DEC shall determine whether to grant, grant with conditions, or deny
Waivers from Design Standards. These requests shall be made prior to expiration
of the appropriate time limits set forth in
974 CMR
1.08.
In determining whether to grant a Waiver, the DEC shall
consider whether the Waiver:
a. Is
consistent with the intent and purpose of the By-laws and the applicable 974
CMR; or
b. Does not impair the
ability of the DEC to evaluate the nature and effects of the proposed project;
or
c. Results in a standard that
functions as effectively or better than the required Design
Standards.
(f)
Provision of Additional
Information. The DEC may require the Applicant to provide
reasonable additional technical data in response to concerns of the DEC or
people who have submitted comments for the record. In doing so, the DEC shall
establish reasonable time limits for the submission and review of the data, in
order that the review process will not be unnecessarily delayed.
(g)
Withdrawals of Permit
Submissions. At any time prior to a decision of the DEC or
Director, the Applicant may withdraw a Submission provided the request is made
in writing to the DEC or Director. The withdrawal shall be acknowledged in
writing, with a copy delivered to the Applicant.
