Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 3.00 - Site Plan Approval
Section 3.04 - Design Standards

1. Dimensional and Related Requirements.

2. Construction Standards.

3. Landscape Treatments. Landscape treatment around the perimeter and interior to the parking lot is required and shall be used to break up large expanses of pavement and manage excess heat (urban heat island effect) and stormwater; landscape treatments shall also be required to screen parking lots, dumpsters, loading docks. Parking lots shall be landscaped in accordance with 974 CMR 3.04(8).

4. Driveways/Curb Cut Locations.

5. Fire Equipment Access. Access to buildings shall be kept clear of hazardous substances and obstacles that may, in the opinion of the fire officials, impede the proper placement of fire apparatus and personnel in case of emergency. The Applicant shall obtain a letter from the Devens Fire Chief stating there is adequate access for fire equipment. Access for fire equipment shall be provided and maintained on at least two sides of the building. Fire lanes shall be designated with pavement marking and signage.

6. Parking Lot Phasing. If an Applicant proposes parking lot construction phasing, the Applicant shall demonstrate that the portion to be constructed is sufficient for the needs of the users of the proposed structure. The unconstructed parking area shall be large enough for anticipated needs and shall be shown in a contrasting graphic pattern delineated on the Site Plan. The Parking Lot Phasing plan shall address erosion and sediment controls before and during construction, and specifically cite measures to be implemented to minimize soil compaction in areas not to be paved until later phases. Surety or other adequate performance assurance to construct the parking lot at a specified time in the future may be required. The DEC may then approve the parking lot phasing if it determines sufficient parking will be provided for current needs and adequate assurance exists to construct the remaining parking area when needed.

7. Common Parking Facilities. Parking facilities shared between two or more users are encouraged in all zoning districts to minimize excessive paving and the size and number of areas devoted to parking. Common (i.e. "public") parking facilities are allowed in all districts except the Open Space/Recreation District.

8. Residential Garages are Discouraged from Facing Streets and Roads. Where garages face the street, they shall be set back a minimum of 10' from the front fafade of the dwelling unit.

9. Where dwelling units are accessible by roads (alleys), vehicular access shall be permitted through the roads (alleys) only. Garages may face roads (alleys).

10. Transportation Demand Management (TDM). All proposed developments shall demonstrate they have made reasonable efforts to consider and, where feasible, include TDM initiatives early on in the site design and layout process. TDM initiatives can justify a smaller amount of parking than is normally required. TDM initiatives that may affect the site design and layout include, but are not limited to:

1. Stormwater Management in Site Plan review generally consists of managing stormwater on the site. Stormwater may be retained and recharged on-site, removed by evapotranspiration, or connected to the public drainage system.

2. The DEC encourages Applicants to consider the site's location, abutting and on-site natural resources, and topographic characteristics. The Applicant shall identify all Resource Areas as defined by 974 CMR 4.06(3): Resource Areas, the anticipated site uses and intensities, and propose an economic, protective, and efficient stormwater management system that is consistent with the requirements of 974 CMR 4.06: Wetlands Protection and 4.08: Stormwater Management. All Applicants shall avoid and/or minimize clearing of mature vegetation.

3. Low Impact Development (LID) Stormwater Management design shall be incorporated into the site plan to allow for the full utilization of the property while maintaining the pre-development characteristics of the site as though it were a "green field" (volume, frequency, peak runoff rate) to the maximum extent feasible. Maximizing the use of pervious areas minimizes stormwater runoff from a site, improves stormwater quality, and increases groundwater recharge. Maintenance of these on-site stormwater management systems must be incorporated into facility operations, and is the responsibility of the landowner. For requirements, design standards, and criteria for LID techniques, refer to 974 CMR 4.08: Stormwater Management.

4. Drainage systems shall follow the requirements of the Devens Stormwater Pollution Prevention Plan, the Water Resources Protection Report, and the Water Resources Protection By-law. For requirements, design standards, and criteria for stormwater management systems, refer to 974 CMR 4.08: Stormwater Management.

5. Regardless of whether site drainage is handled on-site or conveyed to a common or public stormwater management system, on-site stormwater management reuse and recharge systems shall be used for roofrunoff (excluding metal roofs), whenever feasible.

1. For lots served by the Devens Stormwater System (DSS), the Applicant may connect excess site drainage to the DSS without on-site detention provided that the following standards are achieved:

2. On-site stormwater management systems for areas without access to the DSS shall include: conveyance structures, detention basins, extended detention basins, retention basins, swales and infiltration structures, and water harvesting devices. There are an increasing number of on-site LID techniques which effectively mimic natural hydrologic conditions. These general categories are not mutually exclusive and shall be combined where appropriate as current Best Management Practices and comply with 974 CMR 4.08: Stormwater Management.

3. All closed drainage systems shall comply with 974 CMR 4.08(6): Closed Drainage Systems.

4. Catch basins or other drainage features in loading/unloading and/or fueling areas shall be equipped with post-indicator valves (which are to remain in the closed position) on the outlets for containment in the event of any spills.

1. Sidewalks/Trails. Sidewalks and trails shall conform to the following requirements:

2. Curbing.

3. Lighting. Site lighting shall conform to the Industrial Performance Standards ( 974 CMR 4.04: Illumination and Astrophysical Compatibility). Lighting posts, fixtures, and housing shall be uniform dark earthtone colors and comply with the following:

4. Service Areas, Dumpsters, and Open Storage.

5. Loading docks shall be located to the sides and rear of buildings and shall not be located forward of the front facade of the building.

6. 69kV Power Line Easement Along Nashua River. A vegetated screen meeting the requirements of 974 CMR 3.04(8)(g) shall be planted within a 25' deep buffer that runs adjacent to the 69kV power line Easement. No portion of a dwelling unit shall be located within 100' of the 69kV power line and no Accessory Structures shall be permitted within the 25' deep buffer.

1. Sidewalks/Walkways. Brick paving with hand-tight joints (no mortared joints) or an asphalt-setting bed with bituminous or concrete sub-base. Pedestrian paved areas, such as a walkway or plaza, larger than 20 square feet shall be cement concrete (pervious preferred) modified with a Solar Reflectance Index (SRI) of 29 or greater. Open grid pavement systems that are at least 50% pervious are a suitable alternative. Refer to 974 CMR 4.08(5): Design Standards and Criteria for Certain Structural LID Techniques for LID techniques construction specifications.

2. Curbing.

3. Lighting. Lighting fixtures and poles shall comply with the Report: "Street Lighting Recommendation for Devens Historic Overlay District" prepared by Carol R. Johnson and Associates of Boston, MA, dated November 30, 2001. The DEC may allow alternatives within the interior of parking lots and in service areas. Alternative poles shall be a 30' maximum height with arm-type fixture, upward cutoff, and dark in color (post and housing), and shall be a style that is compatible and harmonious with the historic poles and the goals and objectives of the historic district as stated in the By-laws, Article X.

1. All sewage generated by site development at Devens shall connect to the Devens public sewer system. The Applicant shall provide evidence that the sewage generated by the proposed development shall be accepted by the Devens Wastewater Treatment Facility.

2. Septic system construction is prohibited. Where a building is served by an existing septic system, the Applicant may continue to use on-site sewage disposal only if two conditions are met:

1. Preserve and enhance the character of the Devens landscape.

2. Provide attractive settings for new development.

3. Preserve the character of the abutting towns of Ayer, Harvard, Shirley, and Lancaster.

4. Preserve and enhance local and regional open space resources such as the Oxbow National Wildlife Refuge.

5. Preserve the integrity of valuable regional historic resources, such as the Devens Historic District and the Fruitlands Museum.

6. Support and encourage the use of sustainable design principles and operating practices that preserve and enhance wildlife habitats, water quality and quantity, and overall health of the natural environment.

7. Encourage the use of indigenous plant material to provide natural habitat and food sources for wildlife and to maintain ecological diversity and minimize potable water usage.

8. Maintain high standards for active and passive recreation, conservation, and other public spaces in Devens and enhance property values for present and future development.

1. All required landscape treatments shall be located entirely within the lot.

2. Native plants shall be used in appropriate locations, such that individual plants are selected for their ability to thrive in or adapt to the particular soil and light conditions they are placed in. (For a list of recommended native plants, see http://www.umassgreeninfo.org/fact sheets/plants culture/umass native plts.pdf ).

3. Under no circumstances, shall any plants be used that are recognized by the horticulture or agricultural industries as invasive, whether native or exotic (non-native). Non-native plants are those species listed as invasive and potentially invasive as per the Invasive Plant Atlas of New England (IPANE) and Massachusetts Invasive Plant Advisory Group. A listing of these plants can be found at http://www.eddmaps.org/ipane/ipanespecies/current inv.htm ).

4. All plant material shall meet all American National Standards Institute (ANSI) standards for plant material as set forth in Z60.1: American Standard for Nursery Stock, latest edition. All plant material shall also meet certain standards of quality for form, structure, and health and have a minimum winter hardiness for Zone 5B, as determined by the American Standards for Nursery Stock.

5. Minimum sizes for plant material, unless indicated elsewhere in 974 CMR 3.00, shall be as follows:

6. Landscape treatments shall be laid out in informal drifts rather than formal rows and shall undulate with site topography. Individual clusters of trees or shrub beds are acceptable as long as the tree clusters and/or shrub beds overlap. Linear solutions shall be avoided wherever possible, unless the existing landscape treatment is so arranged.

7. The Applicant may request that the DEC determine that existing vegetation is suitably located, sufficiently visually impervious, and vigorous enough to be substituted

for material required by 974 CMR 3.00.

8. Plant material located within 20' of any road or other paved area shall consist of species recognized by the nursery, horticulture and botanical industries as being tolerant of roadway de-icing salts. (For a sample list of plants recognized as tolerant of roadway de-icing salts, see 974 CMR 3.07: Appendix A: List II.).

9. In Village Growth I and II, the Innovation & Technology Center, Business/ Community Services, and within the Historic District Overlay Zoning Districts, trees may be located in near-urban conditions, near sidewalks or in plazas. In these cases, the Applicant shall propose trees that will tolerate or adapt to those conditions. (For a list of some plants that withstand urban conditions, see 974 CMR 3.07: Appendix A: List III.).

10. Landscaping shall be maintained in good condition in perpetuity.

11. Disturbed areas intended for natural re-growth shall be, at a minimum, graded, loamed and seeded with a native New England wildflower and/or conservation seed mix. The planting of native trees, shrubs and other plant varieties is encouraged in these areas.

12. Projects shall reduce the use of potable water for irrigation to the maximum extent feasible by implementing potable water reduction measures that factor in plant species, density and micro-climate as well as irrigation efficiency. Irrigation water shall be derived from detained treated stormwater (rainwater harvesting), or roof drainage, and/or reclaimed greywater (in accordance with 314 CMR 20.00: Reclaimed Water Permit Program and Standards) to the maximum extent feasible. Greywater is wastewater discharged from domestic sources, including, but not limited to, washing machines, sinks, showers, bath tubs, dishwashers, or other source except toilets, urinals and any drains equipped with garbage grinders. On-site cisterns may be installed to store water for irrigation. The DEC discourages irrigation systems connected to potable water supplies [See also 974 CMR 8.09(11): Controls on In-ground Irrigation Systems].

1. Buildings, parking, loading docks, access roads, and other site elements shall be sited to preserve existing healthy mature vegetation and maintain natural topography to the maximum extent feasible.

2. All trees with a minimum 12" caliper within the setback shall be preserved. Healthy existing wooded areas within setback areas where buildings cannot be constructed shall be preserved to the greatest extent feasible.

3. The Applicant shall not propose topographic alteration within the root zone of any existing tree or wooded area designated as preferably preserved.

4. All work within the root zone of existing trees to be preserved shall be carried out under the direction and supervision of a Certified Arborist. Should there be no feasible alternative, excavation for walkways, curbs, structures, and utilities within the root zones of preserved trees shall be by hand excavation until roots are encountered, bending smaller main roots out of the excavation area, and sawcutting all roots over 1" caliper. All exposed ends of sawcut roots shall be kept moist by covering the exposed ends with wet peat moss and burlap until excavation is backfilled. Existing trees that have had excavation or grade changes within their root zone shall receive crown pruning and root fertilization per the arborist's recommendations.

5. Areas of previously cleared woodlands on site that are not utilized shall be re-planted with native woodland species. Edges of previously cleared woodlands on site shall be planted with a mix of blueberry, rhododendron, winterberry, bayberry, shrub dogwoods, cranberry bush, spicebush, native viburnums and other hardy shrubs to transition between natural woodland and more formally landscaped portions of a site. Where woodland areas are intended to serve as buffers, such plantings shall be used to fill in voids and rapidly reestablish undergrowth.

6. Building structures, roadways, and paved areas shall be set back at least 12" from the drip-line of wooded areas and trees slated for preservation.

7. Construction activities and site alterations shall not disturb the root zone of the trees designated for preservation. During construction, the Applicant shall install and maintain tree protection fencing, or other protective measures approved by the Director, located 12" beyond the drip-line of the trees to be protected.

8. The Applicant shall be responsible to replace any trees designated to remain, which have been damaged, killed, or removed as a result of construction activities. The DEC requires replacement-in-kind, per caliper inch of deciduous trees and by height for evergreens. Two-inch caliper deciduous trees and 4' tall evergreens shall be the minimum size used for replacement. For example, if a 24" caliper deciduous tree is damaged or killed during construction, the Applicant shall replace the tree with six 4" caliper trees, or any other combination adding up to 24" caliper. A 36' tall evergreen, for example, shall be replaced with six 6' tall evergreens, or any other combination adding up to 36'.

9. Vegetation shall be cleared from Right-of-ways or way only as needed to accommodate roadway, utilities, and sidewalks. Significant trees (minimum 12" caliper) or woodland vegetation within the Right-of-way shall be preserved by adjusting the alignment of utilities and sidewalks to avoid the trees. The Applicant shall provide tree wells for any grade change of 6" above or below existing finish grade within 6' of the trunk of a tree to be preserved. Use of dry laid fieldstone construction for tree wells is encouraged.

1. All planted areas and "maintained' lawns shall pitch at 1:50 minimum slope, to ensure positive drainage on planted areas. Certain alternative groundplane treatments, such as native meadow grasses and wildflowers, may have a minimum slope of 1:100, particularly if the area is used for groundwater recharge or surface water treatment. "Maintained" lawns are those which are cut frequently, once or twice a week during the growing season.

2. All unpaved areas with a gradient between 1:50 and 1:3 shall receive lawn planting as a minimum. Grass shall be provided using either sod, seed, or hydroseed methods, or a combination thereof. The Applicant is encouraged to limit manicured lawn areas to those immediately surrounding buildings, roads and parking lots. In all other areas, the Applicant is encouraged to propose alternative groundplane treatments such as native meadow grasses and wildflowers (For a list of native meadow grasses and wildflowers, see 974 CMR 3.07: Appendix A: List I).

3. Any unpaved areas steeper than 1:3 shall be planted with shrubs or groundcover having fibrous root systems.

4. Any unpaved groundplane visible from a public way, residences, the Open Space Zoning District, or the principal entrance of buildings on abutting lots and at a gradient of 1:1.5 to 1:1 shall be stabilized using bioengineering methods of erosion control, and 100% plant cover. Riprap or trap rock shall not be used to control erosion in these locations.

5. No slopes shall be steeper than 1:1. Where space is limited, or the grade changes near preserved trees, the Applicant shall provide retaining walls to avoid slopes steeper than 1:1. Retaining walls shall be fieldstone, fieldstone-veneer and capstones on concrete retaining wall, or flat-face interlocking concrete masonry systems with split-face texture.

6. Due to compacted soils having a higher runoff coefficient, there shall be no construction activities on parts of the site that are to be landscaped or left in their natural state. In areas where this is not feasible, methods to compensate for the compaction must be employed. Landscape areas shall be deep tilled to a depth of at least 12" to facilitate deep water penetration and soil oxygenation. Use of organic soil amendments (compost, sewer biosolids, and forestry by-products, but not topsoil or any mix with soil as an element) is encouraged to improve water drainage, moisture penetration, soil oxygenation, and/or water holding capacity.

1. Screening shall be a year-round visually impermeable barrier that may be either existing, constructed, or a combination thereof.

2. The use of existing vegetation, topography, and natural features to comply with screening requirements is encouraged.

3. Screening is required to soften the visual impact of buildings, vehicle (car, bus, truck, etc.) parking areas, loading docks, trash disposal areas, exterior storage, and other unsightly areas associated with or generated by a particular development as viewed from Public Ways, residential zoning districts in Devens and host communities, the Open Space and Recreation Zoning District ("Open Space Zoning District"), and the principal entrance of buildings on abutting lots. The Director shall determine which Improvements shall be screened prior to or during the Pre-permitting Conference.

4. Screening may be required along the entire Front Yard setback or only a part of it. Screening may also be required to extend beyond the minimum setback areas or further into the lot, particularly if the building is located beyond the minimum setback or if the lot configuration is such that the visibility into Side Yard or Rear Yard setbacks is unimpaired from the public way, residences, the Open Space Zoning District, and principle entrances of buildings on abutting lots.

5. A minimum of 50% of built screens such as walls or fences that face the public way, residences, the Open Space Zoning District, and principal entrances on abutting lots shall be softened with plantings.

6. Vegetative screens shall be visually impermeable year round. Vegetative screens shall be a minimum of two shrubs deep, to a minimum depth of 6' and spaced at such an interval to achieve a visually impermeable screen within three growing seasons (i.e. spacing to be determined by expected rate of growth, not the shrub's mature size). The minimum height of a screen is 3' upon installation in car parking areas and 6' in other locations. A higher height shall be required if the parking area, loading dock, exterior storage, or other unsightly area is at an elevation lower than the Street, residences, the Open Space Zoning District, and principal entrances of buildings on abutting lots. The height of screens can be the result of combining landforms or natural elevation changes with vegetative material. Screens shall not be located so as to impede vehicular or pedestrian traffic.

7. Where Improvements requiring screening such as truck parking, loading, service, disposal, or storage areas are adjacent to such Improvements on the abutting lot, the Applicant shall provide a screen that is 50% visually permeable, with the understanding that the owner of the abutting parcel is responsible for the other 50% of the screen. The DEC encourages shared responsibilities between abutters for providing and maintaining screening.

8. Constructed landforms may be used in conjunction with built or vegetative screens. Constructed landforms shall be organic in shape, of differing shapes and sizes if more than one landform is proposed. The side slopes of constructed landforms shall be loamed and planted with vegetation to minimize erosion. Boulders and rocks may be used within landscape treatments, provided at least 1/3 of the height of the boulder or rock is below ground.

1. Landscape treatment within parking areas shall provide visual and climatic relief from broad expanses of pavement and shall be designed to channel and define logical areas for pedestrian and vehicular circulation.

2. The Applicant shall provide shade trees around the perimeter of all parking areas at a minimum ratio of one tree per 25 lineal feet of parking lot perimeter. In portions of parking areas where screens are required, the Applicant shall provide shade trees along the perimeter at a minimum ratio of one tree per 50 lineal feet of parking lot perimeter in addition to the required screen. Trees shall appear informally arranged, rather than set in straight evenly spaced rows, unless existing trees or major site elements suggest a formal arrangement. Informally arranged trees may be clustered or grouped, if desired, as long as clusters/groups are not more than 75' apart.

3. Internal parking area plantings are required. Exclusive of perimeter screen planting, internal parking lot landscape areas shall contain one deciduous shade tree for every 20 parking spaces. Trees shall be distributed throughout the parking lot as evenly as possible, although more than one tree may be located on a single island. Trees shall be set back at least 5' minimum from the face of the curb. Tree placement and parking lot lighting shall not conflict. Salt-tolerant shrubs shall be planted along divider islands, preferably native species clustered in groups of five or seven, at a rate of one shrub for each 10' of divider island length. Interior parking area plantings may be waived in truck parking areas if interior areas are screened from Streets, the principal entrance of any abutting building, the Open Space and Recreation zoning district, or residential zoning district with a year-round visually impervious screen at least 6' tall at installation and perimeter plantings are provided.

4. Parking area terminal, intermediate, and divider islands shall contain no more than 25% impervious surfaces. The remaining 75% shall be landscaped with grass or other groundcover suitable to the Director. Shrubs planted in islands shall not exceed 4' in height where they might impede vehicular or pedestrian circulation.

1. To the maximum extent feasible, buildings and all topographic alterations in the viewshed shall be located within previously disturbed areas (see 974 CMR

3.06(6): Figure F).

2. Where buildings encroach on undisturbed wooded areas, the DEC may determine that such encroachment would have a significant adverse effect on the viewshed. To mitigate this adverse effect, the DEC may require that additional trees of at least 4" caliper or clusters of 3" caliper minimum to be planted. The DEC shall determine the spacing, density, size, and location of trees needed to soften the visual impact of the new construction.

3. If substantial tree canopies do not exist between Prospect Hill and the building, vegetative screen on the side(s) of the building directly facing Prospect Hill may also be required (see 974 CMR 3.06(6): Figure F). This screen shall be located no further away from the building than a distance equal to the building height. Required screens shall extend the full length of the building facing Prospect Hill. Additional screening requirements:

4. Buildings within the Viewshed Overlay District shall not have reflective metal flashing, mechanical enclosures, window frames or treatments, doors, roofing material, or building trim and all metal surfaces shall be finished with a dark, non-reflective finish. Rooftops shall not be illuminated. Signs shall be located below new or existing tree canopies.

5. Vegetated Rooftops and Vegetated Walls. To the maximum extent feasible buildings within the Viewshed Overlay District that are visible from Prospect Hill at the Sears Estate and/or the Fruitland's Museum and/or residential uses outside of Devens shall have:

6. Landscaping plans for projects located in the Viewshed Overlay District shall show the design and location of vegetated roofs and walls.

1. Where existing street trees are more than 50' apart on average or do not exist along a street or road, the Applicant shall plant street trees. Street trees shall be placed in a linear fashion along the Right-of-way or way boundary, at a maximum spacing of 50' on center on all collectors and boulevards. The maximum spacing for all other streets and roads shall be 40' on center. Where the character of the site is predominantly wooded or pastoral, the Applicant may cluster trees informally along the lot line, with a maximum of 75' between clusters of three or more trees.

2. Street trees shall be selected from 974 CMR 3.07: Appendix A: List V. The Applicant may request the DEC allow other species to be utilized.

1. The perimeter of all commercial and industrial buildings visible from a road or street, the principal entrance of adjacent or abutting buildings or from the Residential or Open Space Zoning Districts shall have continuous landscape treatment in the form of shade trees, ornamental trees, evergreen trees, shrubs, or a combination thereof within 50' from the face of the building. Landscape treatment shall consist of a minimum of one shade tree per 50 lineal feet of building fafade, or three ornamental/evergreen trees per 50 lineal feet of building fafade. Trees may be clustered or grouped, if desired. All trees shall be arranged in staggered, triangulated, or informal drifts, unless available space does not permit, or unless existing vegetation is geometrically arranged or unless such an arrangement is blocking required passive and/or active solar gain. Applicant may request a waiver to propose geometrically-based planting arrangements if the proposed building and site plan design strongly merits a more formal arrangement. Foundation planting is not encouraged, but may be allowed at or near primary and secondary building entries (not maintenance, service, or emergency egress entries). Where allowed, the landscaped foundation bed shall be a minimum depth of 20' in the Innovation & Technology Business, Innovation & Technology Center, Business/Community Services, Village Growth I & II, and Special Use I & II Zoning Districts, and a minimum of 10' depth in all other Districts. The landscaped bed shall consist of shrubs and groundcover to its full horizontal depth, with a minimum of two rows of shrubs.

2. The landscape treatment adjacent to buildings may be reduced or waived by the DEC in cases where it is impractical to provide the specified depth of landscape area due to the size, shape, or other characteristics of the lot; however, in no case shall any parking space or vehicular lane be located closer than 10' from the building.

3. Required landscape beds along building foundations may be substituted with remote (i.e., not abutting the fafade) beds of ornamental or evergreen tree plantings.

1. In addition to the required street trees, all residential projects shall include a minimum of one 3" caliper deciduous tree and one 6' tall coniferous tree (native species) per 5,000 square feet of lot area.

2. For proposed Parks and/or Open Spaces without substantial natural/native vegetation, the DEC may require additional plantings for shade, heat island mitigation, and/or aesthetics.

1. The owners of any lot shall be responsible for the maintenance of all landscaped open space, natural screens, and constructed screens within the lot. Landscape treatment shall be maintained in good condition such that plantings shall be vigorous and in good health at all times and that the parcel shall present a healthy, neat, and orderly appearance, free from refuse and debris.

2. The DEC may require a landscape maintenance and water management plan. The maintenance plan shall include but not be limited to the following: