974 CMR, § 10.04 - Permits

(1) Building permits are required for all new, enlarged or altered facilities.

(2) Permits may be issued for a term not to exceed five years and may be renewed by the Director for five year terms upon written request of the permit holder. Upon receiving a request for renewal, the Director shall determine whether adequate performance guarantees are in place and may require that additional surety be posted as a condition of permit renewal (See 974 CMR 1.12) .

(3) Levels of Permits.

(a) Level One permits with the exceptionnoted 974 CMR 10.04(3)(b)2. The following shall be deemed to require a Level One permit administered by the Director, in accordance with the procedures set forth in Article III Section E.2 of the Devens By-laws:

1. Co - location of anantenna on an existing structure. Co - location of an antenna on an existing structure which structure is nonconforming does not constitute an expansion of a nonconforming structure or use (see Article VIII Section C of the Devens By-laws).

2. A camouflaged facility.

3. Any facility located on top of or adjacent to an existing building or situated such that the facility, is screened and cannot be seen from the adjacent public way(s) and from publicly accessible open space.

4. Modifications to an existing or previously permitted wireless communications facility, such as change in ownership or lessee, minor physical changes to the facility (such as adding a utility box or repeater), or restoration of unused portions of towers.

5. Extension of time for the removal of an abandoned or unused tower or associated facility (see 974 CMR 10.13)

6. Temporary use permits (see 974 CMR 10.08)

(b) The following shall be deemed to require a Level Two permit and a Public Hearing by the DEC. Level Two permits shall be administered in accordance with Article III Section E.3 of the Devens Bylaws.

1. Construction of any new facility not deemed Level One.

2. Construction, installation, expansion (other than co-location on an existing tower or structure) or enlargement of any facility on a lot abutting or within 500 feet of the boundary of the DEZ.

(c) For any activity not listed in 974 CMR 10.04(1) or (2), the applicant shall request in writing a determination from the Director of whether the proposed work requires a Level One or Level Two permit. The Director shall respond within ten days of the receipt of the request.

Notes

974 CMR, § 10.04