Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 10.00 - Wireless Communications Facilities
Section 10.04 - Permits
Universal Citation: 974 MA Code of Regs 974.10
Current through Register 1531, September 27, 2024
(1) Building permits are required for all new, enlarged or altered facilities.
(2) Permits may be issued for a term not to exceed five years and may be renewed by the Director for five year terms upon written request of the permit holder. Upon receiving a request for renewal, the Director shall determine whether adequate performance guarantees are in place and may require that additional surety be posted as a condition of permit renewal (See 974 CMR 1.12) .
(3) Levels of Permits.
(a) Level One permits
with the exceptionnoted 974 CMR 10.04(3)(b)2. The following shall be deemed to
require a Level One permit administered by the Director, in accordance with the
procedures set forth in Article III Section E.2 of the Devens By-laws:
1. Co - location of anantenna on an existing
structure. Co - location of an antenna on an existing structure which structure
is nonconforming does not constitute an expansion of a nonconforming structure
or use (see Article VIII Section C of the Devens
By-laws).
2. A camouflaged
facility.
3. Any facility located
on top of or adjacent to an existing building or situated such that the
facility, is screened and cannot be seen from the adjacent public way(s) and
from publicly accessible open space.
4. Modifications to an existing or previously
permitted wireless communications facility, such as change in ownership or
lessee, minor physical changes to the facility (such as adding a utility box or
repeater), or restoration of unused portions of towers.
5. Extension of time for the removal of an
abandoned or unused tower or associated facility (see
974 CMR
10.13)
6. Temporary use permits
(see
974 CMR
10.08)
(b) The following shall be deemed to require
a Level Two permit and a Public Hearing by the DEC. Level Two permits shall be
administered in accordance with Article III Section E.3 of the Devens Bylaws.
1. Construction of any new facility not
deemed Level One.
2. Construction,
installation, expansion (other than co-location on an existing tower or
structure) or enlargement of any facility on a lot abutting or within 500 feet
of the boundary of the DEZ.
(c) For any activity not listed in 974 CMR
10.04(1) or (2), the applicant shall request in writing a determination from
the Director of whether the proposed work requires a Level One or Level Two
permit. The Director shall respond within ten days of the receipt of the
request.
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