974 CMR 1.04 - Level One Review

(1) Level One review is an administrative approval process conducted by the Director. The following are subject to Level One Review:

(a) Issuance of a Building or Occupancy Permit wherein no other DEC action or site plan review is required.

(b) Alteration or creation of a lot for any of the following purposes: revision of lot lines, division of a lot containing two buildings into two lots with separate buildings and division of a single lot unimproved by a building into two or more smaller lots with frontage; provided in any event, all resultant lots comply with the frontage requirements in Article VIII of the By-laws and frontage shall be on a way the DEC determines is maintained by MassDevelopment and used as a public way.

(c) Minor architectural modifications of a structure within a historic district consistent in scope with the following examples: movement of less than six inches in an approved window or door opening; modifications of less than two total inches on an approved shutter or removable facade feature; shifts of less than one foot of a staircase or existing canopy; modifications to approved signs involving less than 10% of the sign area; or reasonable modifications to sign placement for practical reasons.

(d) Engineering adjustments to an already approved site plan consistent in scope with the following examples: a change to more desirable landscape material; a shift of less than eight feet in building placement on a lot; a shift in site utility connections, in order to provide improved hookup to the public system or to avoid a natural constraint; an adjustment of not more than three feet in the width or location of a driveway entrance, in order to improve sight distance or to avoid a natural constraint; similar adjustments required to facilitate a more functional site plan.

(e) Issuance of a Certificate of Compliance under a Wetlands Order of Conditions.

(2) Level One Review and Decision. The Director shall determine whether a Submission is subject to Level One review. Within 14 days of the receipt by the Director of a Level One Submission the Director shall determine whether it is complete. Within the time periods shown in 974 CMR 1.08 the Director shall approve, approve with conditions, or deny the Submission. No public hearingor meeting is required.

(3) Level One Lotting Plan.

(a) Purpose and Process. An Applicant who seeks to create or alter a lot in accordance with 974 CMR 1.04(1)(b) shall apply to the Director for a determination that the plan does not require Definitive Plan endorsement and does not require Level Two review. The review process will provide an appropriate and expeditious review of plans that relocate lot lines and create lots with frontage on a public way.

(b) Level One Lotting Plan Submission Requirements. A Level One Plan shall include the following:

1. A completed Permit application form.

2. The required fees.

3. A copy of the approved plan, and any revisions submitted after approval, shall be provided in electronic format per the submission requirements listed in 974 CMR 1.05.

4. Three copies of the plan and a mylar plan acceptable to the Registry for recording.

5. A narrative explaining why the plan should be deemed a Level One Plan.

6. A metes and Bounds description of each parcel created.

(c) Plan Form and Contents. The plan submitted for endorsement as a Level One Plan shall show the following:

1. Plan title, north arrow, date, and scale.

2. Locus at a scale of one inch = 2000 feet measuring at least four inches on a side showing an area extending at least 2500 feet beyond the proposed lot(s)

3. Name and address of Owner, the Applicant (if different from the Owner), and the Engineer or Surveyor.

4. Seal and signature of the Engineer and/or Surveyor.

5. A list of any Institutional Controls imposed on the parcel or a note indicating that no known Institutional Controls have been imposed on the parcel.

6. Abutting properties labeled with the names of all abutting property owners as they appear in the most recent tax list, Assessor Parcel numbers, or the equivalent, if assigned, and a Plan Book and page reference.

7. Location and type of all existing monuments on the lot being created or revised and within 100 feet of the lot with bearing and distance to the nearest permanent monument. The location and type of all proposed monuments clearly differentiated from the existing.

8. Boundaries of the land being divided or the new or revised lots. All adjacent parcels held by the Owner or Applicant shall be shown in their entirety.

9. The name of the street and width of the right-of-way providing frontage to the lot(s) shown on the plan and the extent of paved improvements within the right-of-way and proposed curb cut location or alternative means of access to the lot.

10. All existing lot lines, lot areas, and easements.

11. All proposed lot lines, total square footage of proposed lot(s), lot frontages, and proposed easements. Proposed lots shall be numbered for identification.

12. Location of all existing structures, rights-of-way, easements, lots, and roadways. Setbacks to lot lines for all structures shall be shown (see 974 CMR 3.04(2) for setbacks).

13. Datum reference used in the preparation of the plan and sufficient data to determine location, width, direction, and length of every street and way line, lot line, and boundary line and to establish these lines on the ground.

14. Suitable signature space for endorsement of plan by the Director.

15. Zoning classification and location of any zoning district or overlay district boundaries that lie within the locus of the plan.

16. Notation of any variance issued as to the land or structures within the parcel giving the Devens case number, date granted, and description of the variance.

(d) Review Criteria for a Level One Lotting Plan. The Director shall approve or approve with conditions a Level One Lotting Plan if all of the following criteria are met:

1. The lot meets all the dimensional requirements of the Devens By- Laws and 974 CMR.

2. The proposed lot is on an accepted public way or sufficient access easements have been secured to provide access from the lot to an accepted public way.

3. All Submission requirements of 974 CMR 1.03(3)(b) have been met or appropriate waivers have been granted.

4. All plan form and content requirements of 974 CMR 1.04 have been met or appropriate waivers have been granted.

(4) Level One Development Plan.

(a) Minor additions to existing buildings or parking lots that do not require Level Two Site Plan review shall require approval by the Director of a "Level One Development Plan". To obtain approval of a Level One Development Plan the Applicant shall submit six copies of a plan complying with the Plan Form and Contents requirements for a Level One Lotting Plan and the following:

1. Topography with contour lines at five feet intervals or less.

2. Surface water drainage for the entire parcel at a conceptual engineering level, indication of flow direction, interim and permanent surface catchments and channels (depicted at a general plan view level), the location and general type of man made drainage structures, and similar information shall be reflected.

(b) In addition to the plans, the following shall be submitted:

1. A completed Permit application form.

2. The required fees.

3. A record copy of the plan shall be submitted for DEC records inanacceptable electronic format. In the absence of digital capability, mylar reproducible sheets and hard copies will suffice .

4. A narrative explaining why the plan should be deemed a Level One Plan.

5. A narrative demonstrating consistency with the Reuse Plan and By-laws meeting the specifications of 974 CMR 1.03(4)(c).

6. A list of Waivers (if any).

7. Information on traffic levels on abutting street(s), including ADT and peak hour (A.M. and P.M.)levels and estimated traffic generation for proposed lot based on build-out allowed under zoning. The most recent traffic counts and corresponding LOS as measured by and for MassDevelopment may be substituted for required traffic studies and estimates.

8. At the proposed curb cut location, sight distances shall be provided in accordance with current AASHTO guidelines for prevailing (85th percentile) speeds on adjacent ways to ensure adequate safety.

9. Any other information the Director deems necessary in order to determine compliance with Review Criteria in 974 CMR 1.03(4)(d).

(c) If a Level One Lotting Plan has been previously approved or is submitted simultaneously with a Level One Development Plan, information on the Lotting Plan need not be duplicated on the Level One Development Plan.

(d) Review Criteria for a Level One Development Plan. The Director shall approve, or approve with conditions a Level One Development Plan if all of the following criteria are met:

1. the lot on which the development is located has or will be recorded at the Registry of Deeds;

2. the proposed action does not require Level Two review;

3. an adequate storm water management system services the lot;

4. access and site circulation enables prompt fire, police, and emergency response;

5. connections with utility, power and communication systems available in the abutting infrastructure have been made;

6. any Institutional Controls applicable to the lot have been located and noted on the plan; and

7. adequate sight distances exist at the proposed curb cut location and the travelway and paved width of the abutting way can reasonably accommodate anticipated peak traffic flows without producing level of service failures or safety problems at adjacent intersections.

Notes

974 CMR 1.04