974 CMR 1.01 - Preamble
(1) The Devens
Enterprise Commission (the DEC) is vested with broad regulatory authority
related to land use planning and permitting functions. Such permitting
functions, described in St. 1993, c. 498, § 11, and in greater detail in
the Devens Zoning By-laws (the By-laws), are those normally assumed in cities
and towns by Planning Boards, Boards of Health, Conservation Commissions,
Boards of Appeal, and Historic District Commissions.
Functions include the following: (references are to applicable sections of the By-laws unless otherwise specified):
(a) Adoption of 940 CMR consistent with the
By-laws and St. 1993, c. 498, § 11.
(b) Enforcement of By-laws and 974 CMR
(Article II, Section C)
(c)
Special(Short Duration) Events (in part) and Earth Removal Permits (Article IV,
Sections B and K)
(d) Delegation of
certain powers to the Director to assist in the administration and enforcement
of the By-laws (Article II, Section E.2)
(e) Approval of Innovative Development
Regulations and Unified Permits (Article III, Sections D, E, and F)
(f) Site Plan Review (Article III, Section
H)
(g) Variances, Reconsiderations
and Appeals (Article IV, Sections A, C through F)
(h) Expansion and/or Alteration of
Nonconforming Buildings, Uses and Structures (Article VII)
(i) Subdivision Review (Article
VIII)
(j) Historic District Reviews
(Article X, Section D)
(k) Water
Resource Protection (Article XI, Sections B through E)
(l) Wetlands Protection (Article
XII)
(m) Sign Regulation (Article
XIII)
(2)
Relationship of Reuse Plan and By-laws. The Devens
Reuse Plan and By-laws establish objectives, policies and standards to guide
public and private decision-making and investment, ensure the maintenance of
quality of life, and protect natural resources.
The By-laws and any amendments shall be consistent with the Reuse Plan. Consistency shallmean that the By-laws shall affirmatively carry out the goals, objectives, policies, and purposes of the Reuse Plan.
(3)
Precedence. Unless specified otherwise, in case of
conflict between 974 CMR, St. 1993, c. 498, § 11, or the By-laws, the
order of precedence shall be:
(a)
St. 1993, c. 498, § 11,
(b) The Reuse Plan,
(c) The By-laws
(d) 974 CMR
(4)
Other Key Reference
Documents.
(a) Stormwater
Pollution Prevention Plan dated July 1995
(b) Water Resources Protection Plan dated
November 1994
(c) Devens Open Space
and Recreation Plan dated September 12, 1996
(d) Devens Spill Prevention Control and
Countermeasure Plan dated February 27, 2001
(e) Devens Main Post Trails report dated July
2001
Notes
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