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 		RECORD OF DECISION

Devens Common
 


1. Applicant

The Applicant is the Devens Development LLC/Ryan Development ("Devens Common"), Westford, MA and Owner is MassDevelopment, 43 Buena Vista, Devens, MA 01432 and North Middlesex Savings Bank, Ayer, MA.

2. Premises and Proposed Project

3D LLC/Ryan Development has been designated as the developer for the Business and Community Services Center district at Devens. The Applicant seeks approval for the following site improvements on the project site:

  • Stormwater management collection system with associated erosion control features
  • Site grading and regrading
  • Construction of internal drive system ("Andrews Parkway"), associated pedestrian amenities, illumination, and landscape features
  • Construction of a park-like open space ("The Common"), associated plaza and pavilion, including landscape features and illumination
The Applicant seeks site plan approval for the following seven buildings:
  1. 20,400 sq.ft. Office building
  2. 65,000 sq.ft. hotel
  3. 14,000 sq.ft. conference center
  4. Gasoline service station with 4,000 sq.ft. convenience store
  5. 1,600 sq.ft. car wash
  6. 5000 sq.ft. restaurant
  7. 20,000 sq.ft. of retail space
Site plan approval for the remaining buildings will constitute an Amendment to the Devens Common approval at a future date.

The site totals some 25.37 acres. The site is bounded along the (generally) north by relocated MacArthur, to the (mostly) west by Pine Road, and to the south by Queenstown Street. The easterly border is somewhat beside and behind the new Guild of St. Agnes day care facility. The site will be developed with an internal roadway and pedestrian circulation system, stormwater management facilties, lighting, landscaping, and other amenities. Improvements are proposed on portions of land owned by the abutting North Middlesex Savings Banks as well. A portion of the site along relocated MacArthur is zoned Open Space and Recreation; the majority of the parcel is zoned Business Community Services.

Proposed construction in the first phase includes a 20,000 sf Office building, a 65,000 sf hotel, a 14,000 sf conference center, a gas station/convenience store with car wash, a 5000 sf restaurant, and 20,000 sf of retail space.

3. Application

The submission for Devens Common, Devens, MA. includes 27 sheets 1 through 11 and 14-19 dated 1/24/03, Sheets C1.0, C1.1, A1.0, A2.0,A3.0, A4.0 and A5.0 are dated 2/7/03. Sheet A6.0 is dated 2/20/03 prepared by Howe Surveying Associates, Inc. 73 Princeton St., No. Chelmsford, MA 01863 and Joseph D. LaGrasse & Associates Inc., One Elm Square Andover, MA 01810 and stamped by Joseph D. Peznola, P.E., and David J. Aho Professional Land Surveyor. Sheets 12 and 13 dated 2/7/03 and are prepared by Vollmer Associates LLP, 38 Chauncy Street, Boston, MA 02111 and stamped by Ronald S. Headrick, Registered Landscape Architect. The sheets are identified as follows:
1 Cover Sheet Devens Common dated 1/24/03, revised 3/27/03
2 Locus Plan dated 1/24/03, revised 3/27/03
3 Existing Conditions Sheet 1 dated 1/24/03, revised 3/27/03
4 Existing Conditions Sheet 2 dated 1/24/03
5 Layout Plan Sheet 1 dated 1/24/03, revised 3/27/03
6 Layout Plan Sheet 2 dated 1/24/03, revised 3/27/03
7 Drainage Grading Sheet 1 dated 1/24/03, revised 3/27/03
8 Drainage Grading Sheet 2 dated 1/24/03
9 Utility Plan Sheet 1 dated 1/24/03, revised 3/27/03
10 Utility Plan Sheet 2 dated 1/24/03, revised 3/27/03
11 Lighting Plan Sheet 1 dated 1/24/03, revised 3/27/03
12 Lighting Plan Sheet 2 dated 1/24/03, revised 3/27/03
13 Detail Sheet 1 dated 1/24/03, revised 3/27/03
14 Detail Sheet 2 dated 1/24/03, revised 3/27/03
C1.0 Proposed Site Improvements Plan dated 2/7/03, revised March 14, 2003 and March 20, 2003
C1.1 Proposed Site Improvements dated 2/7/03, revised April 1, 2003
C2.0 Phase 1: Part 1 Site Plan dated March 20, 2003
C2.1 Phase 1: Part 2 Site Plan dated March 20, 2003
C.12 Landscape Plan and Zoning Criteria dated 2/7/03, revised 3/20/03 and 3/31/03.
C.13 Landscape Details dated 2/7/03, revised 3/20/03 and 3/31/03
L1.0 Carwash & Retail Landscape Plan dated March 31, 2003
L2.0 Retail Center Landscape Plan dated March 31, 2003
L3.0 Hotel Landscape Plan dated March 31, 2003
L4.0 The Common Landscape Plan dated March 31, 2003
L5.0 Office Building 1 Landscape Plan dated March 31, 2003
L6.0 Conference Center Landscape Plan dated March 31, 2003
A1.0 Office Building Plans & Elevations dated March 10, 2003
A2.0 Conference Center Plans & Elevations dated March 10, 2003
A3.0 Car Wash/Convenience Plans & Elevations dated March 10, 2003
A4.0 Retail Center Plans & Elevations dated March 10, 2003
A5.0 Hotel Plans & Elevations dated March 10, 2003
A6.0 Restaurant Plans & Elevations dated 3/10/03

The Application also included a Supplemental Data Report For "Devens Common" Prepared for 3D LLC 2 Lan Drive, Westford, MA by Howe Surveying Associates, Inc., 73 Princeton Street, No. Chelmsford, MA dated February 7, 2003, Drainage Attachment For Devens Common Prepared for 3D LLC 2 Lan Drive, Westford, MA by Howe Surveying Associates, Inc., 73 Princeton Street, No. Chelmsford, MA dated February 7, 2003, and a completed Application Form, Dated February 7, 2003. A revised list of waivers dated 3/24/03 from Mr. Peznola to Ms. Wason and a further revised list of waivers dated April 18, 2003 accompanied by Pavement Design Calculations received 4/24/03.

In addition a Letter from Hall, Finnegan, Ahern & Deschenes,P.C., One Billerica Road, Chelmsford, MA 01824 dated February 20, 2003 RE: Devens Development, LLC (formerly 3D, LLC) Applicant Outline of Statement of Consistency is made part of the application. An Addendum to the Outline of Statement of Consistency RE: Devens Development LLC (formerly 3D, LLC) Applicant dated March 25, 2003 from Howard Hall of Hall, Finnegan, Ahern & Deschenes, P.C. A compliance letter prepared by Scott Fenton of Bowditch & Dewey for MassDevelopment dated March 21, 2003 and a letter from Mr. Fenton regarding Commission Interpretation of Devens Zoning By-Law dated March 25, 2003 were also submitted.

Also received and made part of the record were:

  • Devens Common Review Comments: Job # M0061.25 Letter dated March 7, 2003 from John Amodeo RLA of Carol R. Johnson & Associates pages 1-12, plus article from December 2002 Planning Magazine "Making Great Strips Happen" pgs 24-27
  • Devens Commons Review Issues/Questions prepared by Peter C. Lowitt, AICP dated 2/27/03
  • Business Service Center Utility Comments dated March 3, 2002 by Diane Bevilaqua Mass Development Utilities
  • Memo dated February 7, 2003 prepared by Peter C. Lowitt, AICP Business and Community Services Center Background
  • Review of Business Service Center Development Site Plans by John Marc-Aurele Mass Development Engineering dated February 28, 2003
  • "Devens Common Storm Water Review prepared by John Marc-Aurele, Mass Development Devens Engineering Division and dated 3/10/03
  • Review Comments RE: JNEI Project # 4079 Definitive Site Plan Review Devens, MA prepared by John Schmid, Judith Nitsch Engineering dated March 6, 2003.
  • A Letter from Scott Fenton of Bowditch & Dewey 311 Main Street Worcester, MA 01615 to Peter Lowitt RE: Devens Business and Service Center dated February 19, 2003. An additional letter from Mr. Fenton dated April 9, 2003 RE: Devens Business and Community Services Center.
  • Thirty plus letters of support from members of the public.
  • Response to DOC, John Marc-Aurele 2/28/03 comments, John Marc-Aurele 3/10/03 Stormwater comments, Peter Lowitt's issues memo dated 2/27/03, John Schmid (JNEI) dated 3/6/03, and John Amodeo (CRJA) dated 3/7/03 prepared by Joseph Peznola PE, Joseph D. LaGrasse AIA, and Ronald Headrick RLA dated March 20, 2003.
  • A letter from Shaun Suhoski, Director Town of Ayer Office of Community and Economic Development, RE: Site Plan Review - Devens Common dated March 20, 2003 to the DEC.
  • A letter from Ms. Hegarty, Ayer Town Administrator to Mr. Lowitt Re: Devens Common Application dated 3/25/03.
  • A letter dated April 10, 2003 from John Schmid of Judith Nitsch Engineering Re:Devens Common Definitive Site Plan Review adressing remaining outstanding engineering comments.
  • A Letter to the DEC from Judith Cutler of Kopelman and Paige, P.C. RE: Devens Common Application dated April 10, 2003.
  • Memorandum to DEC from Staff dated April 9, 2003 regarding Devens Common Use Issues, including 1.5 mile primary trade zone map showing circle of 1.5 mile radius from Devens Common.
  • Memorandum to DEC from Peter C. Lowitt, dated March 21, 2003 regarding Retail in the Zone is not intended to Compete with Retail in Downtown Ayer.
  • Letter to William Marshall, Chairman, DEC, from Lowell M. Peabody, Senior Vice-President, Suburban Office Division NAI Hunneman Commercial Real Estate Services, dated April 10, 2003 in support of the Devens Common proposal.
  • Handout prepared for the public hearings containing Business and Community Services information from the Reuse Plan and By-Laws. (undated)
  • A Letter dated April 10, 2003 from John Amodeo of Carol R. Johnson Associates RE: Devens Common Review Comments.
  • Survey of Devens Businesses and Residents results from 465 returned surveys. (Undated).
  • A Letter to Peter Lowitt, DEC, from Thomas E. Garrity, Devens Fire Chief, dated April 2, 2003 regarding the Devens Common development with a response from Joseph D. Peznola, P.E., Howe Surveying Associates, Inc., dated April 2, 2003 addressed to Chief Garrity Re: Devens Common Project.
  • A Letter dated March 25, 2003 addressed to the DEC from Dennis J. McLaughlin, III P.E. and William E. Murray, R.L.A. of David E. Ross Associates, Inc. Re: "Devens Common" proposed development …" reviewing the project and a cover letter from Leonardo Guercio Town of Shirley Board of Selectmen dated 3/25/03.
  • Ayer Selectmen's Meeting Minutes Tuesday November 12, 2002 , Tuesday, February 4, 2003, copy of a letter from the Ayer Board of Selectmen to The Honorable Thomas M. Finneran re: Devens Business and Community Services District dated January 24, 2003, and a letter from Town Administrator Anita Hegarty to Mr. Leonard Guercio, undated, re: support for his petition at the February 4, 2003 Ayer Board of Selectmen Meeting, and a copy of said petition. All received by the DEC at the March 25, 2003 public hearing.
  • Letter to the DEC dated March 24, 2003 from Heather Knowles, Devens resident, in support of the application.
  • Copy of General Laws Chapter 93: Section 4 Restraint of Trade and Commerce..
  • Letter to DEC dated March 25, 2003 from Frank Frederick Maxant, Selectman, Ayer in opposition to development of the zone at this time.
  • ULI Shopping Center Development Handbook, 3rd edition 1999 pages 42, 46-47.
  • Article by Glen Weisbrod and Karl Radov entitled "The Seven Deadly Sins of Retail Market Studies" from Urban Land dated February 1988.
  • "Step by Step Market Analysis: A workbook for downtown business development" by Kate Joncas, Field Services Manger Oregon Downtown Development Association, 1992.
  • Analyzing Neighborhood Retail Opportunities: A Guide for Carrying Out a Preliminary Market Study by Wim Wiewel and Robert Mier American Planning Association Planning Advisory Service Report Number 358 dated February 1981.
  • A letter to Mr. William Marshall, Chairman, DEC from William Burke, Mass Development, dated March 20, 2003 addressing why Devens Business and Community Services Center is being developed now.
  • A 14 page packet from Devens Development LLC dated March 21, 2003 addressed to Peter Lowitt, DEC, RE: Devens Common Market Analysis.
  • A Letter from Peter Lowitt, DEC to Ms. Hegarty and the Ayer Board of Selectmen regarding Devens Common Application dated February 20, 2003.
  • E-mail to the DEC from Bob Eisengrein, Devens Resident, RE: Devens Village Center dated 3/25/03 in support of the application.
  • Zoning district map of the Town of Ayer used to determine location of downtown business district.
  • Memo to DEC from Howe Suerveying Associates dated 3/30/03 Shared Parking finding request, List of Waivers (revised) 3/30/03, Cut and Fill Analysis dated 3/30/03, Gas Station/Car Wash Auto Stacking Plan dated 3/27/03; Pre-and Post-Development Watershed Plan (5 Sheets) dated 3/28/03; TR-20 and Rational Post-Development Drainage Report; 1997 Pre-Development Drainage Report; Revised Watershed Area Spreadsheet, O & M Plan dated 3/28/03; Storceptor sizing sheet, Revised Drainage Study dated 3/30/03.
  • Additional information consulted during review of this application include: Devens Business & Community Services Center Design Standard Guidelines prepared for Mass Development by RE Dinneen Architects & Planners, Inc., dated December 2002. A review letter from RE Dinneen relative to the plan's consistency with the design guidelines dated March 25, 2003 and Mass Development cover letter to same dated March 25, 2003.
  • Letter to Peter Lowitt, DEC from John Marc-Aurele, P.E. Sr. Project Engineer for Mass Development, RE: Devens Common confirming ultimate FAR for the district is not exceeded by the proposal and existing development addressing a comment by Mr. Suhoski of Ayer in his March 20, 2003 letter to the DEC.
  • Memo to Peter Lowitt from Sharon Wason, Principal Planner RE: Parking dated April 24, 2003 and addressing shared parking and parking space counts recommending that 791 spaces be found to be necessary for the project.
  • A five page letter from Joe Peznola, P.E. to Peter Lowitt dated April 24, 2003 Re: Devens Commons Site Plan, responding to comments from Judith Nitsch Engineering dated 4/10/03, from Carol R. Johnson Associates, Inc. dated 4/10/03.
  • Soil test results dated 4/22/03.
  • An undated memo received 4/24/03 regarding Shared Parking at Devens Common.
  • A letter dated April 9, 2003 to Peter Lowitt (DEC), from Joe Peznola, P.E. Howe Surveying Associates Re: Devens Common Site Plan response to David E. Ross Associates, Inc. comments dated March 25, 2003.
  • Devens Common Pre-green field prepared by Howe Suveying Associates inc. dated 4/18/03.
  • Letter to Devens Enterprise Commission dated 4/25/03 RE: Devens Common from Shaun A. Suhoski and supporting map of the "Downtown Gateway Business Area."
  • Letter to Peter Lowitt, DEC, dated April 18, 2003, from Mr. Robert J. Nahigian, Real Estate Counselor.
  • Letter dated April 24, 2003 to Jay DiGeronimo, Victory Markets, from Chris Utz - Market Analysis, Re: Ayer, MA.
  • Agreement dated April 29, 2003 between North Middlesex Savings Bank (NMSB) and Devens Development, LLC granting an Access Easement from NMSB to Devens Development, LLC.
  • Letter to Peter Lowitt, dated April 28, 2003 from John Amodeo of Carol R. Johnson, Associates RE: Devens Common clarifying the source of comments quoted in a previous review letter that trees outside the Phase I building envelop be preserved.
  • Email from John Amodeo of Carol R. Johnson, Associates to Peter Lowitt dated 4/28/03 recommending an additional condition be added to the draft record of decision.
  • Email from John Schmid of Judith Nitsch Engineering dated 4/29/03 re: Green Field Drainage calculations recommending a condition requiring the Applicant to collect and recharge all runoff up to the 2-year storm even to greenfield conditions.
  • Letter from Leslie Doolittle to the DEC dated 4/29/03 in support of Devens Common project.
  • Letter from Mr. Robert Nahigian dated 4/29/03 to the DEC requesting that his letter for this evening and for the project be withdrawn and not relied on.
  • Letter dated 4/29/03 from Dave McKeehan (DEC member) to Governor Romney and Ethic Commission addressing potential conflict of interest and declaring there is none.
  • Letter from Heather Knowles to DEC dated 4/29/03 in support of the project.
  • DEC staff waiver recommendations prepared by Sharon Wason dated 4/29/03.

4. Unified Permit Components and Actions

The Applicant seeks site plan approval for the whole site at a conceptual level plus site plan approval for seven of the proposed buildings.

5. Process

  1. Joseph Peznola, P.E. of Howe Surveying Associates and Robert Walker of Devens Development LLC submitted the application on February 7, 2003.
  2. The application was conditionally complete on February 20, 2003 with numerous omissions that must be addressed by March 17, 2003 or as otherwise noted in the DOC in order to proceed to Public Hearing on the 25th of March.
  3. The application packets were transmitted to the Towns on February 20, 2003.
  4. This transmission began a 30-day comment period that ended on March 24, 2003 (the Chairman stated the Public Comment period would remain open until the close of the Public Hearing).
  5. The Public Hearings were advertised in Nashoba Publications on February 28th and March 7th, the Shirley Volunteer on March 5th and 12th, and the Harvard Post February 28th and March 7th.
  6. Abutters to the premises were notified in writing of the Public Hearing on February 26, 2003.
  7. The Commission met at the Devens Conference Center on March 25, 2003 and upon a motion of Commission continued the Public Hearing until April 10, 2003 and continued it again until April 29th.
  8. The Public Hearing was opened, presentations and arguments made by the applicant and their development team on March 25, 2003; the hearing was continued until April 10 and continued again to April 29 at which point the hearing was closed on April 29, 2003. At the request of the Applicant the meeting was continued to May 13, 2003 at 6:45 PM and at that time the record of decision was voted.

6. Waivers

The applicant requested seven waivers:

  1. From 974 CMR 3.04(3)(2)e. requiring open drainage system where parking is less than 10,000 s.f.
  2. From 974 CMR 3.06(3)(a)2.b specifying criteria for truck and loading area pavement.
  3. From 974 CMR 3.04(8)(d)2. requiring all trees a minimum of 12" caliper within setbacks be preserved.
  4. From 974 CMR 3.04 (8)g. requiring screening.
  5. From 974 CMR3.04(3)(a)1. Parking located at rear and sides of buildings.
  6. From 974 CMR 3.04(8)(l )1. requiring "The perimeter of all buildings visible from a public way ... shall have continuous ... landscaped foundation bed shall be a minimum depth of 20 feet.
  7. From 974 CMR 3.04(8)(d)1. Preservation of existing vegetation and maintenance of existing topography The Commission voted to approve four of the waivers requested, (a) requiring open drainage, (b) specifying truck and loading area pavement, and (f) requiring 20' of foundation plantings as listed above, and (g) requiring preservation of existing vegetation and topography. The Commission voted to deny the other waivers requested (c) requiring all trees a minimum of 12" calipher within the setbacks be preserved, (d) requiring screening, and (e) requiring parking be located at the rear and side of buildings.

The Commission voted to approve four of the waivers requested, (a) requiring open drainage, (b) specifying truck and loading area pavement, and (f) requiring 20' of foundation plantings as listed above, and (g) requiring preservation of existing vegetation and topography. The Commission voted to deny the other waivers requested (c) requiring all trees a minimum of 12" calipher within the setbacks be preserved, (d) requiring screening, and (e) requiring parking be located at the rear and side of buildings.

7. Findings

The DEC made the following findings:

  1. The three story 65,000+/- sq.ft. hotel and any accessory retail use within the hotel is an allowed use within the Business and Community Services Center Zoning District.
  2. The one story 14,000+/- sq.ft. conference center is an allowed use within the Business and Community Services Center Zoning District.
  3. The three office buildings, none of which exceed 40,000 sq.ft are allowed uses within the Business and Community Services Center Zoning District.
  4. The one-story 1,600 +/- sq.ft. car wash and one story 4,000 +/- sq.ft. gas station (including a convenience store) are allowed uses within the Business and Community Services Center Zoning District.
  5. The two restaurants (one 5,000 +/- sq.ft. and one 6,000+/- sq.ft.) are allowed uses within the Business and Community Services Center Zoning District.
  6. The one story 20,000 +/- sq.ft. commercial/retail building and the one story 20,000 +/- sq.ft. mixed use commercial/retail building are allowed uses in the Business and Community Services Center Zoning District with conditions in place limiting the size of the space used by the tenant to 5000 sf and subject to conditions set forth in condition 7.
  7. A grocery store is an allowed use within the Business and Community Services Center Zoning District the size of which is to be determined as pat of the site plan approval process.
  8. The sole designated frontage street for this project is MacArthur Road. Pine Street and the former El Caney are sides and Queenstown is the rear of the project. The lot exceeds the minimum lot size and frontage requirements set forth in the Devens By-Laws.
  9. The 791 parking spaces shown on the plan including spaces along the private ways, are sufficient to meet the parking needs of the development as proposed because the spaces are needed at different times on different days for various proposed uses.
  10. The interior roads to the site shall meet the standards of landscape treatment for public roadways per 974 CMR 3.04 (8) (j), which states: "In campus-like multiple buildings on one or more lots, or urbanized or commercialized centers, the internal roadway system shall be landscaped and screened as though the drives are public ways."
  11. Regarding the approval criteria listed in 974 CMR 3.03(2):
    1. The Site Plan complies with 974 CMR 3.00 as waived and with the applicable provisions of the By-Laws.
    2. The development lies on a lot that will be created and recorded at the Registry of Deeds.
    3. The application has been deemed 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" will be achieved with the conditional approval of this plan.
    7. Connections with utility, power and communication systems available in the abutting infrastructure will be made.
    8. Applicable facilities required under the Water Resources Protection By-Law and the related Design Standards have been included.
    9. Landscape Treatment Standards for plant materials, planting strips, screening, and preservation of existing specimen trees and wooded areas will be met.
    10. Wetlands Order of Conditions for expansion of the Robbins Pond stormwater management facility and construction of necessary improvements to the facility will be required prior to commencement of Phase 1 Part 2 of the project as a condition of this approval.
    11. Applicable Industrial Performance Standards will be adhered to.
    12. Sufficient parking for current needs has been provided.
    13. Adequate traffic mitigation and control measures have been proposed.
    14. Participation in the Devens Traffic Management Association Initiative has been agreed to.
    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.
    17. Building design conditionally meets the minimum standards as established by Mass Development for the district in which in the lot is located.

    8. Conditions

    The DEC voted to impose the following conditions:

      1. To the extent possible, Jackson Gate from Route Two shall be the primary means of truck access to and from the site. In addition, when transportation/ trip reduction/ public transit options are available in the future, the Applicants, successors or assigns, shall advise in writing the building occupants of such transportation alternatives and help to facilitate connections to these programs for those who are interested, as shall be the case at Devens in general.
      2. Pursuant to the Site Plan Rules 974 CMR 3.02(1) and the Devens Zoning By-Laws, Article III, Section H, "expansion of the parking lot, structure or loading dock" shall require a new application for unified permit site plan review from the DEC.
      3. 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.
      4. A Wetlands Order of Conditions shall be issued for expansion of the Robbins Pond stormwater management facility and construction of necessary improvements to the facility will be completed prior to commencement of Phase 1 Part 2 of the project.
      5. Until the road improvements and accompanying drainage improvements to MacArthur Avenue/Jackson Road are in place, no final certificate of occupancy shall be issued until Mass Development's Engineering has approved utility and drainage connections to Mass Development's system. Temporary connections and temporary Certificate of Occupancy's are permissible as long as Mass Development's Engineering division approves the connection.
      6. A spill prevention control and countermeasure plan and contingency plan shall be subject to approval by the DEC and fire chief prior to issuance of a certificate of occupancy for the gas station/convenience store. All tank registration and emergency practices shall be completed prior to the certificate of occupancy. Prior to the issuance of a building permit, the owner or operator of the proposed gas station shall submit sufficient detailed information regarding the location of underground storage tanks and fire suppression systems and any other concerns enumerated by the Fire Chief in writing.
      7. For retail uses only, the submission to the DEC of a narrative demonstrating compliance with 974 CMR 1.02(4)(c), by an applicant for a building permit, shall be part of an application for a building permit and a prerequisite to the granting of a building permit. Prior to the grant of a building permit and as soon as practicable, the DEC shall give notice to the Boards of Selectmen and Planning Boards of the towns of Ayer, Harvard, and Shirley of any application for a building permit. As part of the review of the application for a building permit, the LUA shall make a finding as to whether the proposed use complies with the Devens By-laws.
      8. Revised landscaping plans shall be submitted to the DEC for final review and subject to approval by the DEC and by its consulting Landscape Architect. Lighting cut sheets and illumination plans shall be submitted to the DEC and subject to approval by the Commission's consulting Landscape Architect. Final Engineering Review and approval by the DEC, JNEI and MassDevelopment Devens Engineering Department will be completed, and all technical issues resolved to the satisfaction of the DEC, JNEI and Mass Development's Devens Engineering Department before the Plans are signed. The waivers granted shall be listed on the plans.
      9. 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. The landscape maintenance plan shall be amended per the recommendations of CRJA and subject to approval by CRJA. Any phasing of landscaping must be approved by the DEC Director and CRJA. Trees designated for preservation that die or are removed shall be replaced per 974 CMR 3.04(8)(d)8.
      10. The Applicant shall file annual stormwater facilities maintenance reports with the DEC by the end of February each year.
      11. The Applicant, their successors, and their assigns shall comply with MassDevelopment's Devens Business & Community Services Center Design Standard Guidelines dated December 2002 prepared by R.E. Dinneen Architects and Planners, Inc., and as may be further amended by Mass Development for the buildings. All future development and redevelopment of the project shall comply with said guidelines A design approval letter from MassDevelopment assuring compliance with the Devens Business & Community Services Center Design Guidelines dated December 2002 shall be submitted prior to application for a building permit for any building within the Devens Common development.
      12. A night-time (between 11 p.m and 7 a.m.) program of reduced illumination shall be submitted to the DEC before plans are endorsed. This program will designate which lights may remain on overnight to ensure safety in areas open to the public between 11 p.m. and 7 a.m.
      13. Prior to seeking plan endorsement, the Applicant shall provide written certification that the Devens Fire Department's comments have been addressed bringing the plan into compliance with the DEC Regulations and the Devens Fire Departments Rules and Regulations.
      14. A peer review fee deposit was made with the application. The Applicant is is 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 shall be submitted prior to the refunding of any remaining review fees or prior to the issuance of a Certificate of Occupancy for the premises.
      15. Bonding shall be required for interior road work and landscaping to ensure timely completion of the project as approved per 974 CMR 1.13.
      16. The Applicant shall notify the DEC in writing seven or more days prior to the completion of the following construction milestones for each phase. The LUA shall schedule a site inspection by the DEC's consultants or allow the submission of a redlined 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.
      17. No exterior storage or vending machines are allowed. Exterior displays shall be subject to approval by the DEC's LUA on a case by case basis.
      18. The Applicant shall submit a covenant subject to approval by legal counsel to the DEC, stating that all drives shown on the plan are private ways and that if at some future time the drives are offered to Devens to be accepted as public ways, they shall be improved to the standards set forth in the DEC's subdivision regulations 974 CMR 2.00 at the time of such offer.
      19. Neither earth removal from the site nor fill from outside of the site is allowed without the specific written approval of the DEC.
      20. No trees located within the Open Space and Recreation Zoning District are to be removed without the specific written approval of the DEC. The Applicant shall relocate the lateral service drives out of the Open Space and Recreation Zoning District.
      21. The driveway from former El Caney Street to the hotel shall be posted as one way into the site only.
      22. Stop signs shall be located at intersections with public streets and stop signs shall be located within the site to correspond with stop lines shown on the plan. These signs shall be shown on the final plans.
      23. Subject to applicable laws and assuming equal qualifications, the Applicant hereby commits its effort to employ residents from the impact area and the host communities of Ayer, Harvard and Shirley in particular. In support of this obligation, the Applicant shall advertise employment opportunities in a newspaper having a general circulation in the host communities, and post job opportunities with the Regional Employment Board and state Department of Employment and Training.
      24. At such time as shuttle bus service for Devens commences, the Applicant shall provide two bus shelters located within the property. The location shall be determined in consultation with the DEC, the Applicant, and the shuttle operator.
      25. The Applicant shall, prior to the issuance of an occupancy permit for Phase 1A of the project, bond for loam, seed, and the installation of those trees shown on the remaining area of the plan (C.12 Proposed Landscape Plan for Devens Common dated February 7, 2003 and last revised March 31, 2003, prepared by Vollmer Associates LLP), in locations to be established by the DEC.
      26. The slope to be constructed behind conference center and hotel shall be modified to a more undulating slope with small terraced areas to detain water and form planting pockets for shrubs and trees. Appropriate trees and shrubs to stabilize the slope shall be planted. The design shall be subject to approval by the DEC's landscape architect.
      27. A screen a minimum of 6 feet in height at installation complying with the provisions of 974 CMR 3.04 (8)(g) shall be installed along the property line between Devens Common and the Guild of St. Agnes from the access easement southerly parallel to the Guild's property line turning at the corner of the Guild's lot and continuing to approximately to point shown as 270.7 on sheet 8. Any construction easements to necessitate this work shall be secured prior to commencement of said work.
      28. Historic ovals shall be located atop the street names for 10th Mountain Division Road (formerly Pine Street) and Queenstown Street. Design and location are subject to approval by the DEC.
      29. The Applicant shall submit to the DEC a plan for earth removal, which plan shall be subject to approval by the DEC, and shall include hours and days of operation, provisions for notice if and when blasting is to be undertaken, and those preblast measures necessary to protect the public against public safety hazards including damage to personal or real property. A prerequisite to blasting is the submission by the Applicant to the DEC of those permits required to conduct blasting operations.

    9. Decision

    The DEC voted on May 13, 2003, after the Public Hearing was closed, to grant four Waivers, denying three Waivers requested by the Applicant, to issue Findings as amended, including that the application for site plan approval complied with Approval Criteria in 974 CMR 3.03(2), to impose twentynine (29) Conditions, and approve the Unified Permit Development Plan for Devens Common Phase I part 1 and Phase I part 2 and site plans for a 20,000 sf Office building, a 65,000 sf hotel, a 14,000 sf conference center, a 4000 sf gas station/convenience store with 1600sf car wash, a 5000 sf restaurant, and 20,000 sf of retail space.

    10. Building Permit

    Approval in writing by the Building Commissioner, along with the Electrical and Plumbing Inspectors, of architectural/structural drawings and is a prerequisite 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 this project. All site improvements shown on the Site Plan shall be complete by the time the Certificate of Occupancy is issued or sufficient surety shall be required to ensure the timely completion of site improvements not complete as of the issuance of the Certificate of Occupancy.

    11. Permit Duration

    In accordance with 974 CMR 1.10 of the DEC's Administrative Rules, unified permits shall remain in effect so long as the approved activities are commenced within six months of the date of approval and substantially completed within two years. Requests for continuation must be submitted prior to expiration of the two years. It is further noted that a thirty-day "reconsideration period" during which an abutter, the host communities, or an aggrieved person may request the Commission reconsideration its action (By-Laws, Article IV, Sections C through F). Work performed during this period, which begins on May 14, 2003 and terminates June 16, 2003, is "at risk".

     
    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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