Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 1.00 - Administration
Section 1.12 - Amendments and Reconsiderations
Current through Register 1531, September 27, 2024
(1) Reconsiderations. An Applicant, a Town or any aggrieved person who is not an Applicant, may submit a request to the DEC to reconsider a vote taken by the DEC or a decision of the Director. A Reconsideration is a prerequisite to taking an appeal by the DEC to Superior Court pursuant to St. 1993, c. 498, § 11.
(2) Changes to Approved Plans. The determination of whether a proposed change to an approved Unified Permit constitutes an engineering adjustment or an Amendment is made by the Director within 14 days of the request for a plan change. The Applicant shall submit a written description and explanation of the proposed change, a plan showing its location and extent and any other information requested by the Director.
(3) Engineering Adjustment (Level One Review). Engineering Adjustments are typically minor corrections or alterations to an approved Unified Permit. They frequently result from conditions in the field. Changes include minor corrections to lot lines, small shifts in street rights-of-way (for example, a relocation due to ledge) or in the location of a drainage basin (due to soil constraints, for example) or other insignificant adjustments. The Applicant may request an Engineering Adjustment that shall be reviewed by the Director in accordance with the Level One review process. The Director shall then determine if it complies with the applicable 974 CMR. The Director shall approve or deny in writing the Engineering Adjustment within 14 days of the submission of the proposed change.
(4) Amendment (Level Two Review).