974 CMR 4.01 - Industrial Performance Standards
(1) The Devens Enterprise Commission (DEC)
was created and empowered by St. 1993, c. 498, ยง 11, to carry out the
purpose and intent of the Devens Reuse Plan, Zoning By-laws, and subsequent
development regulations pursuant thereto. The Plan and By-1Laws were passed by
three simultaneous Town Meetings in the municipalities of Ayer, Harvard and
Shirley on December 7, 1994. In achieving its specific mission as the
regulatory and permitting authority within the Devens Enterprise Zone, and in
generally protecting the health, safety and welfare, the Commission may
legitimately exercise its right to protect the public, as well as other
occupants and users within the DEZ, from nuisance conditions.
The intent of 974 CMR 4.00 is to preclude or significantly mitigate nuisance conditions by means of
(a) providing a complaint mechanism for
parties impacted by potential violations and
(b) in certain circumstances where the
potential impacts are likely to impact receptors beyond the perimeter of the
DEZ, providing review criteria for the consideration of permit applications
requiring site plan approval.
(3) It is recognized that occupants of the
Devens Enterprise Zone (DEZ) could generate conditions from their operational
activities which could cause nuisance to abutters within the DEZ ("Internal
Receptors") or to community residents from the towns of Ayer, Harvard and
Shirley ("External Receptors"). There are also unique sensitive receptors such
as the Harvard University-Smithsonian Observatory and the Harvard University
Radio Telescope on the same site on Oak Hill in the Town of Harvard ("Special
External Receptors"). The subject areas of impact include Noise and Vibration,
Air Quality, Odors, and Emissions, Lighting and Astrophysical Compatibility and
Electromagnetic Interference. Impacts on Internal Receptors are referred to as
"Internal Impacts," and impacts on External Receptors or Special External
Receptors are referred to as "External Impacts." Internal Receptors, External
Receptors and Special External Receptors are referred to collectively as
"Receptors."
(4) The performance
standards to follow are established as a mechanism for accepting and acting
locally upon complaints to the DEC that are filed by impacted users or
receptors and in certain circumstances where the potential impacts are likely
to impact receptors beyond the perimeter of the DEZ, providing review criteria
for the consideration of permit applications requiring site plan approval. In
addition there are certain instances where the enforcement process may be
significantly enhanced by requiring pertinent data at the time of a request for
a building permit, such as with electromagnetic interference, or where further
enforcement referral might be to a pre-emptive or higher jurisdiction, such as
with air quality.
(5) In order to
preclude nuisance conditions to the greatest degree possible, regulatory
standards are established herein with which every occupant of the DEZ must
comply. In addition,
974 CMR 4.00 establishes a
process for requiring effective mitigations of conditions found to be in
violation.
Notes
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