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

974 CMR 1.01