DEC logoRULES AND REGULATIONS
Regulatory Authority: Devens Enterprise Commission
Agency Contact: Peter C. Lowitt
Phone: 978.772.8831 ext 3313
Address: 33 Andrews Parkway, Devens, MA 01434
Massachusetts Register Number 1211
Effective Date: November 2013

974 CMR 2.00 SUBDIVISION

2.04: Level Two Plan — Definitive Subdivision

  1. Submission Requirements for Definitive Plans. When the Subdivision Plan is submitted with other Unified Permit components, submission of duplicate information shall be minimized. An Applicant for Definitive Plan endorsement shall file the following:

      (a) A completed Permit application form.

      (b) The required Administrative Fee.

      (c) A Certified List of Abutters, including the names and addresses of all property owners within 300' of the boundaries of the proposed subdivision as shown on the most recent tax list.

      (d) Seven (7) sets of plans and one digital copy of the complete application and plans in a format acceptable to the Director.

      (e) A locus plan of the subdivision at a scale of 500' to the inch or other appropriate scale as determined by the Director, depicting the exterior lines of all proposed new or substantially upgraded Streets and/or Roads in the subdivision, and clearly showing their location in relation to one or more existing Streets and/or Roads or contiguous portions thereof. Where buildings or other significant structures exist on abutting Lots, they shall be located on the locus plan as well.

      (f) A sketch plan showing a possible or prospective Street and/or Road layout for any adjacent un-subdivided land owned or controlled by the Applicant.

      (g) A completed and endorsed Stormwater Management Form and drainage calculations in accordance with 974 CMR 4.08(2).

      (h) If applicable, a Request for Determination of Applicability (RDA) or a Notice of Intent (NOI).

      (i) Copies of all existing Easements, covenants and restrictions applying to the area that is proposed to be subdivided, and applying to areas outside the proposed subdivision where such Easements will be used to provide services to the land proposed to be subdivided.

      (j) Soil suitability tests and analysis shall be submitted, describing the locations, elevations, and classification of the soil strata by depth, indicating clearly the depth at which groundwater is encountered, and the date of the tests.

      (k) Location of soil suitability test pits along the centerline of the proposed layout. Depth and intervals shall be determined by the Director.

      (l) The grading plan shall accurately show the topography and drainage patterns needed to permit future development for each Lot in the proposed subdivision. It shall also show existing grades and grades proposed to permit the construction of the Street and/or Road, driveways and future buildings, and the installation and/or extension of Utilities. Any need to add or remove material to or from the Lot, or to alter drainage patterns in order to fully develop the Lot, in accordance with the By-Laws, shall be quantified and documented for the Definitive Plan.

      (m) If new roadways are to remain private, a proposed plan for long term maintenance that the DEC determines is adequate. (n) A street lighting plan.

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

      (p) A list of Waivers requested by the Applicant, identified as Waivers of Submission and Plan Form and Contents requirements or Design Standards, with the applicable section of the Regulations clearly identified or a statement that no waivers are being requested.

      (q) If applicable, a plan for the phasing of the construction of the required Improvements, including a description, schedule, and plan showing the location of each phase.

      (r) A Stormwater Pollution Prevention Plan, including Erosion, siltation, and dust control measures before and during construction, and appropriate ground cover, seeding, and street sweeping of adjacent public ways.

  2. Plan Form and Contents. The Definitive Plan shall be prepared, signed and sealed by a Registered Professional Engineer. The Plan shall be clearly and legibly drawn in accordance with the recording rules adopted by the Worcester County or Northern Middlesex Registry of Deeds in Massachusetts. The Plan shall be at a scale of one inch = 40 feet or such other scale as the Director agrees to accept prior to the Plan being submitted. Sheet sizes shall be 24 inches by 36 inches, with margins of 1 inches on the left-hand margins, and all others of an inch or other margins acceptable to the Registry of Deeds. If multiple sheets are used they shall be accompanied by an index sheet showing the entire subdivision. The Plan shall be drawn in black ink on mylar. The Definitive Plan drawings shall contain the following information:

      (a) Subdivision name, boundaries, north arrow (indicate whether true, magnetic or grid), locus plan (at a scale not be smaller than 1"= 500'), date, scale, legend, and the title, Definitive Subdivision Plan.

      (b) A title block containing the name and parcel designation of the subdivision, the name of the owner of record and the Applicant and the name, seal and signature of the Engineer or Surveyor, designation of drawing with reference to the matter shown thereon and number of the drawing.

      (c) Names and addresses of the Engineer and Surveyor.

      (d) Abutting properties labeled with the Assessor parcel number and names of all abutting property owners as they appear in the most recent tax list.

      (e) Suitable space for endorsement of the plan by the DEC on the top sheet of the Definitive Plan, and suitable space for signature of the DEC Chairperson or designee on each successive sheet. The top sheet shall also include space for conditions, covenants, notes, etc.

      (f) Entire parcel of land being subdivided and all contiguous property in the ownership of the Applicant or in the same ownership as any of the land being subdivided. If the Applicant wishes to have some portion of such land designated in the Definitive Plan as not part of the subdivision, the Applicant must submit to the DEC a determination from the Director that the land so excluded is a legally separate and buildable Lot.

      (g) Names, existing improved widths, and exterior lines of existing ways that are bounding, providing Access to, or approaching in close proximity to the subdivision; the boundaries of existing areas dedicated to other public uses and the location and character of existing Easements within or adjacent to and serving the subdivision.

      (h) All boundaries of Devens Zoning and Overlay Districts that intersect the proposed subdivision.

      (i) All deed lines within the subdivision, if the subdivision includes more than one deed, and the deed references, where available.

      (j) Boundary lines, areas in square feet, and dimensions of all proposed Lots with all Lots designated numerically and in sequence, with the new proposed parcel number referenced accordingly.

      (k) Proposed street addresses for each new Lot being created.

      (l) Sufficient data including lengths, bearings, radii, and central angles to determine the exact location, direction, and length of every Street and/or Road and Right-of-Way line, Lot line, boundary line, and sufficient data to establish these lines on the ground.

      (m) Location and outlines of the following :

      1. All existing Improvements within the subdivision including buildings, fences, paving, utility lines, walls, and so forth. Where there are existing buildings, they shall be identified as to their proposed use, and the number of existing parking spaces available for the buildings shall be shown.

      2. 100 year flood plain and flood plain elevations as shown on the National Flood Insurance Rate Maps issued by FEMA. Within 100' of the edge of the proposed Right-of-Way, site features such as stone walls, rock outcroppings, fences, trees greater than 12" in diameter at a height of 3.5' above the ground, shall be shown. In addition, other areas deemed by the Director to be important for reasons of visual buffering or attenuation of environmental impacts shall also be shown.

      3. Wetlands, watercourses, water bodies offsite but abutting the subdivision within 300', and all private wells located on or within 200' of the property, and all public and community water supply wells on or within 1,000' of the property.

      (n) Boundaries of any Resource Areas. For any Lot that contains such wetland areas, the area in square feet of wetlands contained within the boundaries of the Lot shall be shown.

      (o) Location of all permanent monuments properly identified as to whether existing or proposed, stone bounds to be set at tangent points and at turning points on way lines and property lines.

      (p) Boundaries of any existing area or areas proposed to be dedicated to public use. The DEC may, at its discretion, allow the Applicant to dedicate land as conservation areas or trail Easements, when conservation agreements and deed restrictions are created in favor of a qualified and responsible entity or organization.

      (q) Existing and proposed topography for the entire subdivision at a contour interval of not greater than 2' or such other interval as may be approved by the DEC prior to the submission of the plan. Existing contours must be shown extending 100' beyond the property to be subdivided.

      (r) Layout of the proposed storm and surface drainage system showing the size and location of existing and proposed surface and subsurface water Drains and their appurtenances. The plan shall be designed to intercept stormwater run-off along Streets and/or Roads at intervals reasonably related to the surface type, grade, and acreage area drained. The Applicant shall also provide the supporting data and design analysis, including plans and profiles showing the location and size of LID features, Drain lines, culverts and trenches, design of catch basins and manholes, proposed connections to the existing drainage system and such other information as may be required to describe the drainage. All such information shall be stamped and signed by an Engineer.

      (s) Special drainage construction features, deviating from or not covered by standard specifications, on detail drawings. Such detail drawings may be incorporated as part of a utility plan or profile or may be executed on a separate sheet or sheets, and shall provide information as to dimensions, locations, inverts, rim elevations, elevations, materials, and so forth, of the construction details involved. The requirement for detail drawings shall be applicable, but not limited to, bridges, culverts, permanent and interim drainage Improvements, structurally stabilized slopes, utility piping encased in concrete, swales and brooks shaped or constructed to a definite cross-section, dams and spillways, steps within the exterior lines of the Street and/or Road and similar construction features.

      (t) Layout of the proposed water supply and wastewater systems showing the size and location of existing and proposed lines and their appurtenances. The Applicant shall also provide supporting data and design analysis, including plans and profiles, as may be required to describe the water and sewer systems.

      (u) Water and sewer service laterals reflecting tie-ins and appropriate connections to existing and proposed Lots reflected on the subdivision. The Plan shall also show elevation of sewer laterals for each connection to a newly proposed Lot, generally at the property line.

      (v) Lowest floor elevation of structures on each Lot in the proposed subdivision.

      (w) Location and base elevation of existing and proposed fire hydrants.

      (x) Names, widths, and exterior lines of proposed Streets and/or Roads, the boundaries of other proposed public areas within the Definitive Plan, and the location and type of proposed Easements within or adjacent to the subdivision. Street and/or Road names shall be in keeping with the character and history of Devens and be supplied by and approved by the DEC. The developer shall also provide historic ovals. The DEC will provide the content and format of the historic ovals to the developer.

      (y) Methods to minimize the number of curb openings into Streets, including common driveways and Roads (alleys). Easements and maintenance agreements between the parties sharing the facility shall also be provided and a traffic analysis may be required to demonstrate sufficient capacity in the common driveway or Road (alley).

      (z) Location of existing or proposed underground Utilities such as gas and electric lines, and other underground conduits or cables, and any proposed underground connection points to existing or future planned public services. Applicants shall consult with MassDevelopment Utilities Department for minimum utility requirements for existing, proposed and future utility connections.

      (aa) The proposed location of Street and/or Road lighting within the subdivision. The design and specifications of such lighting shall be submitted and included on detail sheet.

      (bb) Where no Site Plan is being concurrently submitted with the Definitive Plan, the information required should be depicted on separate sheets. The following general groupings are suggested where the information cannot readily be shown on a single plan :

      1. Boundaries of the subdivision, names of abutters, proposed Right-of-Way including travelway, shoulders, sidewalks, planting strips and any improved areas beyond, Lot lines, areas and dimensions, Easements, adjacent streets, zoning districts, driveways, monuments, and so forth

      2. Proposed Lot lines, topography, grading, watercourses and water bodies, wetlands, existing Improvements, natural site features, and similar information.

      3. Proposed Lot lines, utility installations including structures, Easements, and so forth

      4. Some information, such as the location of Lot lines and the Right-of-Way shall be located on each sheet in order to permit the various sheets to be related to each other.

  3. Form and Content of Way and Profile Plans. For the purposes of 974 CMR 2.00, Right-of-Way refers to total area of Streets and Roads including travelway, shoulders, sidewalks, planting strips and any improved areas beyond. A "way" may be either public or private. The following must be shown on way and profile plans:

      (a) Separate layout plan for each proposed Street and/or Road in the subdivision, at a horizontal scale of 1"= 40', showing for each Street and/or Road the proposed exterior lines, centerline, points of tangency, length of tangents, length of curves, intersection angles, radii of curves, and the location of permanent monuments and benchmarks, together with all Lot lines, buildings, and other major features within 40' of the exterior lines of such Street and/or Road. The layout plan shall also show the size and location of existing and proposed Utilities, together with their appurtenances. All water gate boxes, mains, and service shall be shown with the tie-ins so they may be located by measurements. Sidewalks and planting strips shall also be shown on the layout plan if proposed or required for the subdivision.

      (b) Cross-section or sections of each roadway, shall be properly located and identified by station number. The sections shall show sidewalks, Utilities, depth of Utilities, depth of gravel, crown of road, thickness of surface and materials. Slope of the side of the Right-of-Way to the property line shall also be shown.

      (c) A profile directly above or below the layout plan of each proposed Street and/or Road, at a horizontal scale of 1" = 40' and a vertical scale of 1" = 4'. The profile for such Street and/or Road shall show existing centerline grades in fine solid lines, existing exterior right side line in fine long broken lines, existing exterior left side line in fine short broken lines, and proposed finished centerline grades in heavy solid lines. Proposed grade elevations shall be shown by figures at beginning and end, and at 50' stations, except on vertical curves where they shall be shown at 25' stations. Rate of gradient in percentage shall also be shown. All elevations shall refer to National Geodetic Vertical Datum (NGVD) of 1929, unless in the opinion of the DEC, suitable benchmarks are not readily available, and alternative benchmarks are authorized by the Director prior to the submission of the plans. Profiles shall also indicate the location of any intersecting public or private ways, and the location of existing and proposed storm drains, water mains, and sewers and their appurtenances, and other Utilities. The profile shall show the rates of grade for sewers, storm Dains, and water mains.

      (d) Material type for existing and proposed storm Drains, water mains, and sewers, conforming to the material specifications of 974 CMR 2.00.

      (e) Proposed centerline profile of each way, showing the elevations of intersections of tangents, 50' stations, rates of slope, vertical curves, and data pertaining thereto in figures for each 25' station.

      (f) High points and low points of vertical curves, calculated and shown on said profiles.

      (g) Profiles on Easements and on the exterior lines of ways at a horizontal scale of 1" = 40' and vertical scale of 1"= 4', or such other scale as the Director deems appropriate. All subdivision profiles and road grade levels will be established using certified benchmarks within Devens and tied to the Massachusetts Coordinate System or as directed by MassDevelopment Engineering.

  4. Review and Decision.

      (a) Decision: If the DEC determines that the Definitive Plan:

      1. meets the Review Criteria and the Street and Road Design Standards, it will approve or conditionally approve the Plan.

      2. If the plan does not meet one or more of the Review Standards and Criteria or the Street and Road Design Standards it will disapprove the Plan and state in writing why the Plan does not comply.

      (b) Review Criteria.

      1. The Definitive Plan shall comply with the following :

      a. Compliance with the applicable provisions of 974 CMR 2.00, 3.00 and 4.00 and 5.00 and Bylaws as they pertain to ways.

      b. The Submission is Complete.

      c. All new Streets and/or Roads and intersections align and connect with existing ways to ensure free movement of pedestrian, bicycle and vehicular traffic.

      d. Provision has been made for the future extension of water, sewer, gas, electric, and stormwater systems and Streets and/or Roads to adjoining property unless the DEC determines this is not in the public interest.

      e. Water and wastewater systems and other required Utilities are properly sized and located and have adequate capacity for servicing the subdivision.

      f. Names of Streets and/or Roads are selected from the list of Devens-approved street names.

      g. Trails are provided as shown on the Trail Master Plan.

      h. Street lighting is adequate

      i. All Streets and/or Roads have minimized the number of curb openings and have sufficient capacity and the necessary Easements, bonding and/or maintenance agreements.

      j. Soil testing indicates that the soils are capable of supporting the roads, infrastructure and associated structures shown on the plans.

  5. Conditions. The DEC may require conditions necessary to cause the Definitive Plan to comply with the Review Criteria.  Conditions the DEC might impose include:

      (a) Completion of proposed ways and extension and/or installation of the proposed Improvements within the period specified by the DEC or agreed to by the Applicant.

      (b) Slope Easements and/or retaining walls to provide for more gradual slopes and to support the Street and/or Road or adjacent land.  Construction of retaining walls in accordance with MassDOT standards.

      (c) Common portions of the water, sewer, drainage, and roadway systems be offered for public acceptance.  The DEC may alternatively require that common portions of the systems be privately maintained; and, if such systems are required or proposed to be private, in perpetuity, the Applicant must provide for their long-term maintenance in a manner that is satisfactory to the DEC.

      (d) Construction of off-site Improvements involving the extension and/or modification of Streets and/or Roads, utility or drainage systems beyond the project if the DEC finds that the proposed subdivision will create significant capacity, safety or environmental problems within the Public Infrastructure in Devens. Any required off-site Improvements shall be located within Devens. Specifically, the following types of off-site Improvements might be required:

      1. Construction or modification of ways to ensure adequate capacity, efficiency, or safety of vehicular, bicycle, and/or pedestrian flow.

      2. Installation of Improvements or segments within utility collection or distribution systems designed to increase their capacity or enhance performance.

      3. Extension or modification of drainage collection or discharge Improvements in order to provide sufficient capacity for Lot-related runoff.

      4. Installation of protective measures to safeguard off-site Resource Areas.


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