(1)
Overview. The intent of 974 CMR 4.04 is to preclude or
significantly mitigate conditions that could cause nuisance impacts to area
residents and businesses or other users within the Devens Enterprise Zone
(DEZ).
It is recognized that the collective impact of illumination
associated with all future uses and improvements in the Devens Enterprise Zone
potentially could have an impact upon the surrounding communities in general,
and the Harvard-Smithsonian Astrophysical Observatory on Oak Hill in the Town
of Harvard. In order to preclude any negative impacts, it is necessary to
regulate the overall illumination level emanating from the Devens Enterprise
Zone (DEZ) in the night sky. Said levels can be reasonably controlled by means
of standards and criteria controlling light sources; illumination levels and
types; reflective surfaces; signs; and the external lighting of building,
landscaping, travel ways and parking lots. At the same time, it is necessary to
assure that public safety concerns will be fully satisfied for night time
activity within the DEZ.
While it is the intent of 974 CMR 4.04 to provide a local
complaint mechanism in regard to illumination and astrophysical compatibility
issues, it is also recognized that most interference problems can be precluded
by addressing such concerns at the time of application for site plan approval
with respect to facilities in proximity to the perimeter boundary of the DEZ or
at the time of application for a building permit with respect to facilities
that have the potential of exceeding the performance standards within the DEZ.
Applicant/owners and engineers and architects should be made familiar with the
standards to follow, as a supplement and enhancement to the complaint process,
in order to incorporate them into the earliest stages of their project design
process.
Should a complaint emanate, however, after a facility is
established at Devens, then the procedures in 974 CMR 4.04(2) shall
apply.
(2)
Complaint and Enforcement Process.
(a) Upon receipt of an interference complaint
from a receptor, the Building Inspector or other duly authorized Devens
Enterprise Commission (DEC) official shall respond to said complaint and
attempt, by means of circumstantial and field investigative evidence, to
attribute the illumination interference to a point source. Where such attempts
fail to reliably identify a point source
and where the
pattern of interference is judged by the inspector to be of a repeated and
pronounced nature, then the inspection official may, at his or her discretion
and with the concurrence of the Land Use Administrator, acquire necessary
technical expertise to increase the likelihood of reliably attributing the
illumination interference to a particular user. Should the user be identified
beyond reasonable doubt as the source of interference, then the user may be
required to reimburse the DEC for the cost of using the services of this
technical consulting expertise.
Once there is reasonable certainty of the nuisance source, the
violator shall be subject to provide reasonable mitigation measures that
essentially resolve the difficulty. Refer to 974 CMR 4.04(2)(b) for a
description of procedures relative to enforcement.
(b) Potential violators will be given 30 days
in which to respond to a complaint or otherwise provide reasonable confirmation
to the Building Inspector or other duly authorized DEC official, that the
problem did not exist or has been eliminated. If probable cause is determined,
a second 30 day time period will be granted in which to correct the nuisance or
to demonstrate that good faith efforts have been initiated. If such efforts are
not initiated, the violator may be subject to remedies in the Devens Zoning
By-laws, including levying of fines, requirements to post performance
guarantees, permit reconsideration by the DEC or legal action. Emergency
nuisance conditions may, at the discretion of the DEC inspection official,
require more expeditious remediation.
(3)
Illumination Standards -
Internal Impacts.
(a)
Types of Fixtures.
(b)
Fixed Focus
Luminaries. Pole-mounted (typically used for parking areas,
streets and roadways, and pedestrian areas); or Wall-mounted ("wall packs")
shall meet the Illuminating Engineering Society (IES) criteria for "sharp
cutoff" luminaries; candle power per 1000 lamp lumens shall not exceed 25
candelas at an angle of 90 degrees above nadir, and 100 candelas at an angle of
80 degrees above nadir. Mounting height of these units may not exceed 30' above
the ground plane.
(c)
Variable Focus Luminaries (typically used for athletic
fields and large trailer-storage, inter modal operations yards; i.e., large
open areas that must be lighted solely from the perimeter due to function):
Fixtures must, by a combination of aiming and shielding, permit
no more than 100 candelas per 1,000 lamp lumens to be emitted above a line that
is struck through the lamp center and extends at an angle of 80 degrees
relative to nadir after the luminaries are in their finally-focused position.
Mounting height of these units may not exceed 50' above the ground
plane.
(d)
Sources. High-pressure sodium lamps are not
permitted.
(e)
Light
Levels. Refer to the Illuminating Engineering Society
Lighting Handbook/ Reference & Application (8th edition, 1993),
Chapter 24 for appropriate lighting levels for parking lots and
street/roadways. No street or roadway is to be classified higher than
"Collector -- Residential"; see Figure 24-8 (Collector - Residential is
considered highest from the viewpoint of pedestrian night time safety
requirements). All parking areas are to be considered "Low" activity areas (See
Figure 24-23). Although these Recommended Average Maintained
Illuminance Values are minimum recommendations from the I.E.S., they
are to be considered target values for Devens, and may not be exceeded by more
than 25%.
(f)
Pavement
Finishes. All finish surfaces on paved areas (parking areas,
storage yards, streets, and roadways) shall be black asphalt with dark
aggregate, or other surfaces of no greater reflectance.
(g)
Landscape
Lighting. No uplighting of landscaping shall be permitted.
Further, any pole or tree-mounted landscape lighting fixtures shall meet the
Illumination Engineering Society (IES) criteria for "sharp cutoff" luminaries;
candle power per 1000 lamp lumens shall not exceed 25 candelas at an angle of
90 degrees above nadir, and 100 candelas at an angle of 80 degrees above
nadir.
(h)
Building
Facade Floodlighting. No building floodlighting is permitted. The
sole exception to this shall be structures which serve a clear public purpose
within the DEZ and are significant visual focal points in terms of architecture
and/or siting context; examples include government buildings, visitors centers,
designated historic monuments and similar uses. Use of Down lighting fixtures
shall be strongly encouraged in such instances; however when it is impractical
to illuminate from the top of a structure, uplighting may be considered,
subject to the following conditions; average illumination shall be restricted
to 20 foot lamberts and shall be further required to be turned off as early as
possible when the facility is not in active use, or no later than 11:00 p.m.;
whichever is the earlier.
(i)
Sign Lighting (All sign, billboard, advertising, and/or identity
lighting) Illuminated signs may not occupy more than 3% of the
building facade on which they are mounted.
1.
Front lighted: all front-lighted signs shall be
lighted from the top, and aimed and/or shielded so that no more than 100
candelas per 1,000 lamp lumens are emitted above a line that is struck through
the lamp center and extends at an angle of 80 degrees relative to nadir after
the luminaries are in their finally-focused position.
2.
Internally- and rear-lighted
signs: On signs with a surface area larger than ten sq. ft. no
surface luminances on or around the signs shall exceed 30 foot lamberts, and no
exposed lamps may be used. On signs that are composed primarily of
letter-forms, only the letter-forms may be illuminated - no luminous
backgrounds are permitted.
No illuminated portion of any non-building-mounted illuminated
sign may exceed a height of 20' above the ground plan.
(j)
Operational
Controls. Unless a building maintains an evening or night
operation, other than security personnel, all general parking lot lighting and
identity signage lighting shall be turned off as early as possible when the
facility is not in active use, or no later than 11:00 p.m., whichever is the
earlier. Minimal site and limited-area parking lighting may be operated beyond
those hours with illumination for security purposes, but should be confined to
as small an area as possible. This area may include some spaces for overnight
parking among personnel who are traveling for the firm.
(k)
Exceptions:
1. Temporary holiday lighting.
2. Owner-operated lighting within a
privately-owned residential lot line, provided that it complies with the
requirements under 974 CMR 4.04(3)(g).
As a supplement and enhancement to the preceding complaint
process, the illumination performance standards might require that the
inspection official attempt to preclude or minimize potential interference to
the maximum possible degree at the beginning of the process, or the building
permit application stage. Accordingly, the following process is described.
Prior to the issuance of a building or occupancy permit, the applicant
proposing the construction or use of a potentially nuisance generating
facility, as generally defined by the Illumination Standards, shall be required
to demonstrate the unlikelihood of non-compliance with such Standards, or that
proper mitigation measures will be taken as a condition of permit
issuance.
(4)
Illumination Standards -
External Impacts. The same Illumination Standards apply to all
users within the DEZ. However, with respect to facilities and improvements
located within 500 feet of the perimeter boundary of the DEZ which may give
rise to particular concerns by External Receptors, the applicant for site plan
approval for such facilities or improvements shall demonstrate anticipated
compliance with 974 CMR 4.04(3).
