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 		RECORD OF DECISION

American Superconductor Corporation
 


1. Applicant

The Applicant is American Superconductor Corporation of Westborough, Massachusetts and Cutler Associates of Worcester, Massachusetts and the Owner is Mass Development.

2. Premises and Proposed Project

The Applicant has requested the DEC review a site plan and issue a wetlands Order of Conditions for the project. American Superconductor is proposing to build a 354,000 square foot facility at the corner of Givry and the relocated Jackson Road on a parcel totaling 34.28 acres, about 3 acres of which are within the Open Space/Recreation district. The building includes 30,000 square feet for research and development (R&D) office purposes, the remainder is high-tech manufacturing space.

3. Application

The submission included sheets 1 through 10 dated June 6, 2000, revised July 7, 2000, prepared by the Daylor Consulting Group Inc. of Braintree, MA stamped by Glenn K. Dougherty, P.E. The sheets are identified as follows:

  • cover sheet w/locus (sheet 1)
  • existing conditions plan (sheet 1A)
  • site preparation plan (sheet 2)
  • site layout plan (sheet 3)
  • site grading and drainage plan (sheet 4)
  • site planting plan (sheet 5)
  • site lighting plan (sheet 6)
  • erosion and sedimentation control (sheet 7)
  • detail sheet (sheet 8)
  • detail sheet (sheet 9)
  • detail sheet (sheet 10)
Also submitted on June 7, 2000 were a Unified Permit Application form and book, drainage calculations, and a Stormwater Management Plan. A wetlands Notice of Intent was submitted June 17, 2000.

John Schmid, P.E. of Judith Nitsch Engineering Inc. of Boston reviewed the submission and made comments on July 12 and July 24, 2000. John Amodeo of Carol R. Johnson Associates submitted comments dated July 13, 2000. William Morgante of the BioEngineering Group, Inc. of Salem, MA reviewed the plans and made recommendations with regards to wetlands issues on June 21 and July 18, 2000. A response letter from Daylor Consulting Group Inc. addressing the issues raised by the Mr. Schmid and Mr. Amodeo was received on July 17, 2000.

Also submitted to the Commission were:

  • A written letter approving the design and citing compliance with the Mass Development Design Guidelines signed by Steve Joncas, dated June 30, 2000.
  • Written comments dated July 17, 2000 from Chief Garrity, Devens Fire Chief.
  • Written approval from Alan M. Delaney, P.E. Mass Development Engineering and Utilities Manager, approving connection to the Devens Stormwater System for incremental flows beyond the 25-year storm and providing access to sanitary sewer, water, gas, and electric utilities.

4. Unified Permit Components and Actions

The Applicant seeks approval of a Site Plan, a Wetlands Order of Conditions pursuant to a Notice of Intent, and issuance of a Building Permit.

5. Process

  1. Application was made by June 7, 2000 by John Raposa, AIA of Cutler Associates.
  2. The application was determined substantially complete on June 8, 2000, with deficient submission items to be submitted by June 30, 2000.
  3. The LUA sent the application packet to the Boards of Selectmen of the Towns of Ayer, Harvard, and Shirley (the Towns) on June 8, 2000.
  4. The "30-day Town comment period" ended on July 9, 2000.
  5. The DEC caused the public hearing on the proposed project to be advertised in Nashoba Publications on June 28 and July 5, 2000, the Shirley Volunteer on June 28 and July 5, 2000, and the Harvard Post, on June 30 and July 14, 2000.
  6. The DEC sent written notice of the public hearing to abutters to the project.
  7. The DEC commenced the public hearing on July 25, 2000, closed it and voted that evening.

6. Waivers

The applicant requested waivers from the following:

  1. 974 CMR 3.04 (3)(a)1.a. Parking in front of the building… principal parking be located in front of the building.
  2. 974 CMR 3.04 (4)(c)1.e. requiring a 4 foot separation from seasonal high groundwater to bottom of wet pond.
  3. 974 CMR 3.04 (a)(6)4.a. To locate emergency generator in a visible location from a street
  4. 974 CMR 1.17 defining the front yard as the space between the building and the front line of the lot.
  5. 974 CMR 3.02 (3)(a) to allow a scale of 1"=50' for plan preparation.

The DEC granted the first four waivers; the LUA granted the last waiver. A notation citing the waivers granted shall be placed on the final plans.

7. Findings

The DEC made the following findings:

  1. The proposed principal use is a manufacturing and research and development office facility and is an allowed use in the Innovation and Technology Business zoning district.
  2. The lot has a minimum of 2 acres and a minimum of 100 feet of frontage on a public way (Givry Street).
  3. The DEC has determined that 414 parking spaces are needed to satisfy the total number of parking spaces required by zoning. Three hundred parking spaces will be constructed at this time. The additional 187 spaces shown on the plan are to be reserved for future needs. No building or permanent structure may be erected on this reserve area.
  4. The site is located within the Viewshed Overlay District. The DEC has determined that the building and parking have been located so that there are no impacts from Prospect Hill and to have located them in the usual manner (building front parallel to the street, parking behind) would have had viewshed impacts. The applicant has complied with color provisions and landscaping requirements of the viewshed district.
  5. The applicant has indicated their intention in participating in the Devens transportation management association when it comes into being.
  6. Regarding the approval criteria listed in 974 CMR 3.03(2):
    1. The Site Plan complies with 974 CMR 3.00 and with the applicable provisions of the By-Laws.
    2. The development lies on a lot that will be recorded at the Registry of Deeds.
    3. The application is Complete.
    4. All drives, parking lots, loading areas, paths, sidewalks, and streets are designed to provide for safe vehicular and pedestrian travel.
    5. Access and site circulation enables prompt fire, police, and emergency response.
    6. Adequate capture and discharge of stormwater and surface water runoff and compliance with applicable portions of the "Devens Stormwater Pollution Prevention Plan" has been achieved.
    7. Connections with utility, power and communication systems available in the abutting infrastructure have been shown and approved by the Mass Development Manager of Engineering and Utilities.
    8. Facilities required under the Water Resources Protection Bylaw and the related Design Standards have been included.
    9. The plans, as conditionally approved, demonstrate compliance with Landscaping Design Standards for plant materials, planting strips, screening, and preservation of existing specimen trees and wooded areas.
    10. A Wetlands Order of Conditions has been issued and has been incorporated into this Unified Permit.
    11. Applicable Industrial Performance Standards have been adhered to; application for a DEP Air Quality permit has been made.
    12. Sufficient parking for current needs has been provided.
    13. Adequate traffic mitigation and control measures have been proposed.
    14. The Applicant agrees to participate in the Devens traffic management association.
    15. Adequate water supply exists in terms of quantity, quality, and water pressure for commercial and/or domestic needs and fire protection.
    16. Connection to sanitary sewers will be made.

    8. Conditions

    The DEC voted to impose the following conditions:

      1. Jackson Gate from Route Two shall be the primary means of truck access to and from the site on a permanent basis, with other gates to be used only in an emergency situation when Jackson is unavailable. The applicant and owner shall use Jackson Gate to the maximum degree feasible. In addition, when transportation/ trip reduction/ public transit options are available in the future, the owner shall participate in a Devens transportation management association.
      2. The construction or expansion of a parking lot, structure or loading dock shall require the submission of a new application for site plan approval pursuant to 974 CMR 3.02(1)(c).
      3. Prior to seeking plan endorsement, the Applicant shall provide written certification that no building or structure will be placed in a reserved parking area and an executed covenant that additional parking spaces shall be built by the Applicant when the DEC determines this is required.
      4. There is no approval of signs implicitly or explicitly granted in this Unified Permit and any erection of signs of any type will require subsequent approval. Signs shall be designed and erected in accordance with the Sign Regulations 974 CMR 6.00.
      5. The DEC will not endorse plans until both Judith Nitsch Engineering Inc. (the DEC's consulting engineer) and Mass Development Engineering have reviewed the final plans and the Applicant has demonstrated compliance with their recommendations.
      6. The DEC will not endorse plans until its consulting Landscape Architect and wetlands scientist have reviewed the final plans and the Applicant has demonstrated compliance with their recommendations.
      7. Landscaping shall be maintained in good condition. Any dead or damaged landscaping must be replaced prior to the issuance of a certificate of occupancy for the facility.
      8. A night-time (between 11 p.m. and 7 a.m.) program of reduced illumination must be submitted to the DEC before plans are signed. This program will designate which lights may remain on overnight to ensure safety on the premises.
      9. Final Engineering review.
      10. The Applicant shall file annual reports to the DEC in February of each year indicating how they are maintaining their on-site stormwater management facilities.
      11. The Applicant, their heirs and assigns, shall remain in compliance with Mass Development's Devens Design Guidelines Jackson Technology Park dated 1999 and as may be further amended by Mass Development for the building. The DEC shall have the authority to require that all future development and redevelopment of the facility comply with said guidelines.
      12. The Applicant shall notify the DEC in writing seven or more days prior to the completion of the following construction milestones. The LUA shall schedule a site inspection by the DEC's consultants or allow the submission of a red-lined print stamped by a RLS or PE, as appropriate.
        1. completion of the site grading and site work
        2. complete installation of site stormwater management facilities and other subsurface utilities
        3. completion of all site improvements as shown on the approved site plan
        4. installation of trees and other major landscaping features
        5. wetlands milestones as indicated in the Order of Conditions
        A peer review fee deposit was made with the application. The applicant may be required to deposit additional fees should the cost of reviews and inspections exceed the available funds on deposit. If the LUA determines that a substantial number of field changes have been made during the construction of site improvements, an as-built plan may be required to be submitted prior to the refunding of any remaining review fees or prior to the issuance of a Certificate of Occupancy for the premises.

      13. All applicable federal, state, and local permits necessary for the construction and operation of the facility must be obtained prior to the issuance of a Certificate of Occupancy. Copies of permits issued by those other than the DEC must filed with the DEC.
      14. A spill prevention control and countermeasure plan and contingency plan shall be prepared and submitted to the Fire Chief and DEC not later than the time at which application for the certificate of occupancy is made.

    9. Decision

    The DEC voted on July 25, 2000, after the Public Hearing was closed, to grant certain waivers, to issue findings, including that the application complied with Approval Criteria in 974 CMR 3.03(2), to impose Conditions, to issue a Wetlands Order of Conditions, and to approve the Site Plan Application for American Superconductor.

    10. Building Permit

    The Building Commissioner, along with the Electrical and Plumbing Inspectors, must review architectural/structural drawings and specifications and approve them in writing, prior to issuance of a building permit. All requirements in the Massachusetts Building Code, the Massachusetts Sanitary Code, and the Devens Fire Chief must be met. When this approval is obtained, the building permit may then be integrated with this Site Plan Record of Decision; together they will constitute the Unified Permit for American Superconductor, which will, in turn, allow construction to commence.

    11. Permit Duration

    In accordance with 974 CMR 1.10, unified permits shall remain in effect so long as the approved activities are commenced within six months of the date of the DEC or the LUA produces a written decision and completed within two years. It is further noted that a thirty-day "reconsideration period" during which an applicant, a Town, or an aggrieved person may request the DEC reconsider its action (By-Laws, Article IV, Sections C through F). Work performed during this period, which begins on July 26, 2000 and terminates August 26, 2000, is "at risk". Final plans must be submitted for endorsement by the Commission by January 26, 2001.

     
    Date:_____________________

    Approved by:

    ___________________________
    Peter C. Lowitt, AICP, Director
    Devens Enterprise Commission

    Certification Middlesex,SS

    I certify the above is a true action and record of the Devens Enterprise Commission and that Peter C. Lowitt, Devens Land Use Administrator/Director, is empowered by the Devens Enterprise Commission to sign this Record of Decision on its behalf.

    Date:_____________________

    ___________________________
    Mary Quinn, Notary
    My Commission expires_______________

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