Evergreen Solar Unified Permit
August 14, 2007
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Evergreen Solar Unified Permit |
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PROJECT
The project is the first phase of a solar panel manufacturing facility which will be approximately 335,258 s.f. and will include associated parking, driveways, storage areas, loading bays and site utilities (the "Project") to be located on a 21+-acre site at Lot 2 Barnum Road, Devens, MA,, which Lot is located east and south of Barnum Road, west and south of the Media News Group facility on 78 Barnum Road, and north of Cold Spring Brook (the "Site") . The Applicant plans to construct a second phase of the facility which will be 225,408sf. APPLICANT The applicant is Evergreen Solar, 138 Bartlett Street, Marlboro, MA 01752 (the "Applicant"). The owner is MassDevelopment, 160 Federal Street, Boston, MA 02110. APPLICATION On July 5, 2007 the Applicant filed with the DEC plans entitled Evergreen Solar Lot 2 Barnum Road, Devens, Massachusetts includes thirty-nine (39) sheets dated July 3, 2007, revised July 27, 2007, last revised August 9, 2007; prepared on behalf of Evergreen Solar, 138 Bartlett Street, Marlboro, MA by BSC Group, 15 Elkins Street, Boston, MA in association with CH2MHILL 200 Corporate Center Drive, Suite 200 Moon Township, PA 15108-3186 and stamped by David E. Varga, P.E., and Dana Standley, Professional Land Surveyor, and Leslie Fanger Landscape Architect. The sheets are identified as follows:
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On July 5, 2007 the Applicant also submitted a completed Unified Permit Application form and book, prepared by BSC Group, in association with CH2MHILL. The book included a project description, a list of requested waivers, a statement of compliance with the Devens By-Laws and Regulations, an erosion and sedimentation control plan, a landscaping maintenance and water management plan, a completed Sustainable Sites LEED checklist, a Vehicle Trip Analysis, a statement of compliance with the DEC's Industrial Performance Standards, a construction phasing plan and a Drainage Report dated July 3, 2007. On August 8, 2008 the Applicant submitted a Construction Phasing Narrative; a Production Chemical MSDS List, a revised Construction schedule; a Revised Drainage Report dated August 9, 2007 and a Noise Assessment, Evergreen Solar, Inc. New 75 MW PV Mfg Plant, Devens, Massachusetts Prepared for Evergreen Solar, Inc., August 2007 by CH2MHILL 2020 SW 4th Avenue, Suite 300, Portland, OR 97201. On August 9, 2007 the Applicant submitted a cover letter from David Biancavilla, BSC to William P. Marshall, DEC Chairman, dated August 9, 2007 noting the increased size of the Project, the increase in lot area, the addition of a concrete noise barrier behind the utility yard to comply with DEC regulations, revised drainage calculations, a letter from BSC dated August 9, 2007 responding to DEC comments made on July 20 and August 3, 2007, a revised list of requested waivers, revised Proposed Traffic Mitigation Measures dated August 7, 2007 and a response to Water Resource Protection Requirements Appendix A Article XI Response. A follow-up revised list of requested waivers was submitted on August 14, 2007. The DEC made all of the Applicant's submissions listed above a part of the record and the following: Development review letters to Neil Angus, AICP DEC from Ron Headrick, Stantec, dated July 20, 2007 and August 6, 2007 re: Evergreen Solar Level Two Unified Permit Application, the Applicant's response to Stantec's July 20, 2007 letter,, the Determination of Completeness dated July 10, 2007; comments from the DEC, Staff Review and from Neil Angus, AICP dated July 20, 2007, Mass Development Engineering Department's Review dated July 20, 2007; Mass Development Utilities Department's comments dated July 27, 2007 and August 3, 2007; an email from Neil Angus, AICP to Gregory Sampson, BSC regarding additional traffic information dated August 6, 2007, an email from Peter Lowitt, AICP to David Biancavilla, BSC granting a waiver as to sheet size and scale; the Applicant's Draft Parking Covenant submitted August 9, 2007, the Devens Fire Chief's comments dated August 2, 2007, a map provided by the DEC to CH2MHILL identifying sensitive receptors (undated); an email from Gregory Sampson, BSC dated July 23, 2007 to Neil Angus, AICP regarding wetlands in proximity to the Project site; an email dated July 24, 2007 from Gregory Sampson, BSC to Neil Angus, AICP regarding retention pond elevations, an email dated August 3, 2007 from Ron Headrick, Stantec to Neil Angus, AICP regarding the existing basin on Barnum Road. A letter from the Harvard Planning Board to the DEC dated August 13, 2007 regarding the Project expressing particular concerns with traffic, lighting, structure heights and effluents, a letter from Brona Simon, State Historic Preservation Officer, to Richard K. Domas, Senior Project Manager CH2MHILL, dated August 8, 2007 stating the Project is not likely to affect significant historic or architectural resources. A letter from the Harvard Board of Selectmen to Peter Lowitt, Director, DEC in support of the project and asking the DEC to address noise, traffic, proximity to wetlands and other environmental considerations as well as proximity to AOC 57 and light pollution dated August 14, 2007. A memo dated August 14, 2007 to the DEC from Doug Sheadel, Modeling Specialties, Westford, MA the DEC's noise consultant reviewing the Applicant's Noise Study and stating that the proposed noise barrier is inappropriate. An e-mail from Ron Ostrowski, dated August 14, 2007 regarding AOC-57, monitoring well numbers and locations and Base Closure Team's review with no concerns. Letter dated August 14, 2007 from Richard Montuori, EVP of Devens regarding design review, right of entry, Barnum Road Master Plan Waivers and landscaping waiver for plantings in the Barnum Road ROW. Letter dated August 14, 2007 from John P. Marc-Aurele, PE, Sr. Project Engineer for MassDevelopment regarding final engineering comments. An email dated August 14, 2007 from Thomas Garrity, Devens Fire Chief to Neil Angus, Staff Planner, stating that his concerns had been addressed. UNIFIED PERMIT COMPONENTS AND ACTIONS: The Applicant seeks Site Plan approval and a Building Permit for the Project. WAIVERS: The Applicant is seeking the following waivers from the Devens By-Laws and Rules & Regulations of the Devens Regional Enterprise Zone:
The DEC voted to grant all the waivers requested except the waiver for a structure within the side yard set back as the proposed sound barrier will not be constructed, and require that they are listed on the Project plans. FINDINGS: The DEC finds that: a. The Project is a manufacturing facility, which use is allowed in the Rail, Industrial and Trade Related zoning district. Supporting uses - including warehousing, utilities, a parking garage, and storage are also allowed. Primary access to the Site will be from Barnum Road. b. The lot on which the Project is located is approximately 21 acres and therefore meets the 2-acre minimum requirement set forth in the By-Laws. The Site has over 1200+ feet of frontage on a way accepted by the Land Bank Board of Directors (now known as Mass Development) as public way (Barnum Road) and therefore meets the requirement that there be 100 feet of frontage on a public way. The Project is located within the Zone II and Aquifer districts of the Water Supply Protection Overlay District. c. The Applicant proposes 362 parking spaces for both phases of the Project. The By-Laws, Exhibit C - Parking Requirements do not list the specific proposed use of the Project, but allows the DEC to determine how many parking spaces are adequate "based upon the character and needs of the proposed use." Other manufacturing uses would require closer to 791 spaces. Based upon the evidence presented in the Application and at the hearing, the number of parking spaces shown on the Project plans is adequate for the Project. Additional parking can be accommodated with the addition of a parking structure over the proposed parking area. A covenant to construct such a structure if determined necessary by the DEC shall be executed as part of this Record of Decision. d. Regarding the review criteria listed in 974 CMR 3.03(2): (i) The Site Plan complies with 974 CMR 3.00 as conditioned below and with the applicable provisions of the By-Laws. (ii) The Applicant shall record the lot on which the Project is located at the Registry of Deeds. (iii) The Application is Complete. (iv) All drives, parking lots, loading areas, paths, sidewalks, and streets are designed to provide for safe vehicular and pedestrian travel. (v) Access and site circulation enables prompt fire, police, and emergency response. (vi) 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. (vii) Connections with utility, power and communication systems are available in the abutting infrastructure and have been reviewed and approved by the Mass Development Manager of Engineering and Utilities. (viii) Facilities required under the Water Resources Protection Bylaw and the related Design Standards have been included. (ix) The plans as conditioned below demonstrate compliance with the Landscape Treatment Design Standards for the preservation of existing specimen trees and wooded areas. (x) A Wetlands Order of Conditions is not required. (xi) Applicable Industrial Performance Standards have been adhered to. (xii) The parking for the Project is adequate. (xiii) Adequate traffic mitigation and control measures have been proposed. (xiii) The Applicant agrees to participate in the Devens traffic management association and shall operate its own traffic demand management program. (xiv) Adequate water supply exists in terms of quantity, quality, and water pressure for commercial and/or domestic needs and fire protection. (xv) Connection to sanitary sewers shall be made. CONDITIONS OF APPROVAL: 1. Jackson Gate (Road) from Route Two shall be the primary means of truck access to and from the Site, with other gates to be used only in emergency situations or during protracted construction when the Jackson Gate is unavailable. The Applicant shall post signs that all trucks must enter and exit Devens via the Jackson Gate at Route 2. 2. The Applicant shall take appropriate measures to encourage automobile traffic to use Jackson Gate to the maximum degree feasible. In addition, when transportation/ trip reduction/ public transit options become available, the Applicant shall advise its employees of such transportation alternatives and facilitate connections to these programs for those who are interested. As per this approval, the Applicant agrees to participate in the future Devens Transportation Management Initiative. 3. Pursuant to the Site Plan Rules 974 CMR 3.02(1) and the 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. In keeping with the DEC's role of promoting sustainable development, the addition of solar photovoltaic parking canopies shall be a Level I plan amendment. 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 best management and maintenance practices for the Site as required in the By-Laws and Rules and Regulations and articulated in the Applicant's Operation and Maintenance Plan on Sheet C-100 Notes 1 of 2 of the plan set entitled: "Evergreen Solar Lot 2 Barnum Road Devens Massachusetts, dated July 3, 2007, revised through August 9, 2007, shall be strictly adhered to, now and in the future. Limits of clearing shall be staked in the field and verified by the DEC or its appointee prior to any ground disturbance or vegetation removal. All required controls shall be in place prior to the commencement of construction. Additional controls shall be implemented at the discretion of the DEC or its Staff. 6. The Applicant shall comply with the By-Laws, Article III, Section K 1. a., which provides that "no soil, loam, sand, gravel, or other earth materials shall be permanently removed from any lot within Devens, except in accordance with an approved Level Two Development Permit" except as provided in Section K.4. 7. The waivers granted shall be listed on the plans. 8. A prerequisite to endorsement of the Project plans by the DEC is Stantec (the DEC's consulting engineer and landscape architect) and Mass Development Engineering review of the final plans and a determination by Stantec and MassDevelopment that the Applicant has addressed all outstanding review comments and demonstrated compliance with the Regulations. Final review comments include, but are not limited to Stantec Final Review comments dated 8-13-07, Water Resources Protection Review comments between BSC and Neil Angus, dated 8-14-07, Level Two Unified Permit third response to comments between Neil Angus and BSC, dated August 9, 2007. 9. The Applicant shall maintain landscaping on the Site in good condition. Any dead or damaged landscaping shall be replaced promptly. Tree protection fences shall be installed prior to the commencement of any construction activities on the Site and maintained in areas where construction is being conducted. 10. The Applicant shall file annual reports with the DEC in February of each year indicating how it is maintaining its on-site stormwater management facilities. 11. Prior to issuance of a building permit, the DEC shall receive a design review approval letter from Mass Development for the project. The Project shall remain in compliance with the Devens Industrial Park East Master Plan prepared by Gale Associates for MassDevelopment dated September 1, 2001 as they may be amended (the "Design Guidelines") and waived and the Applicant shall adhere, to the maximum extent feasible, to the comments and reservations expressed in the design approval letter to be sent to Peter Lowitt, from Mass Development Real Estate for this project. The DEC may require that all future development and redevelopment of the Project comply with said Design Guidelines. 12. All applicable federal, state, and local permits necessary for the construction and operation of the Project must be obtained and filed with the DEC prior to the issuance of a Certificate of Occupancy. 13. Certain restrictions as a result of the CERLA long term monitoring program on the Site are imposed. The two long term monitoring wells, identified as 57M-96-09X and G3M-93-09X, shall be labeled on the final plans and not be damaged or disturbed as part of the project.
14. The Applicant shall notify the DEC in writing seven or more days prior to the completion of the following construction milestones. The Land Use Administrator (also "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. 15. The Applicant shall provide for each building of the Project As-Built Plans prior to issuance of a Certificate of Occupancy for such building. As-Builts shall also be submitted in a digital format acceptable to the DEC. This approval applies only to Phase 1 site improvements. Prior to the commencement of construction of any portions of the plan identified as "Phase 2", the design of said facilities (a) shall be subject to a separate Level 2 review by the DEC for compliance with the DEC's Rules and Regulations and (b) review by MassDevelopment for compliance with the Design Guidelines. 16. The 30' wide perimeter drive isle around the facility shall be reduced to 24' in width for safety and to further reduce impervious coverage on the parcel. All excess paved portions along the rear of the facility that are not required for access or truck turning movements shall be converted to grass to further reduce imperviousness of site and minimize stormwater impacts. 17. Plans shall be revised to provide separation of vehicle traffic directly adjacent to the utility yard and chemical storage areas transformers, VOC abatement equipment, scrubbers, silos in the rear of the building. A combination of fencing, landscape islands, curbing, bollards and or other separation/safety measures to the satisfaction of the Land Use Administrator will satisfy this condition. 18. This Site lies within a Zone II and Aquifer Water Resource Protection District. Plans shall to be modified to include all applicable access, re-fueling, safety and containment measures for the exterior utility yard and chemical storage areas along the rear of the building, in accordance with 974 CMR 4.08 and 4.09, as well as Article XI of the Devens By-laws and emergency access requirements of the Devens Public Safety Officer. The chemical storage yard shall be modified to meet the requirements of the Water Resources Protection Requirements in the Devens By-Laws and 974 CMR 4.09. All Architectural Plans for the Chemical Storage area and utility areas shall be submitted for approval by the DEC prior to the issuance of a building permit. 19. Chemical storage tanks, utility yard equipment and stack location(s), heights, and details shall be added to the final plans and elevations. Stack visibility tests shall be conducted to ensure no stacks are visible from the noise study sensitive receptors. Should stacks be visible, the Applicant shall either alter stack heights or locations and/or implement necessary measures to screen the stack from view of sensitive receptors, to the satisfaction of the LUA. 20. The Applicant shall submit a complete Spill Prevention, Control and Countermeasure Plan for review and approval by the DEC or its designee that addresses all Hazardous Materials being stored outside the building and all items in the Devens By-Law Article XI . This plan shall also include all chemicals being stored on-site and quantities. 21. A plan depicting how the site can accommodate the total required number of parking spaces as per Exhibit C of the Devens By-Laws, while still meeting all landscaping, stormwater and impervious surface ratio, shall be submitted to and subject to approval by the LUA prior to the issuance of a Certificate of Occupancy. Prior to seeking plan endorsement, the Applicant shall provide written certification that additional parking spaces or parking structure shall be built by the Applicant when the DEC determines this is required. The DEC shall require site plan review when and if additional parking is required. If the DEC determines it is necessary, the Applicant shall provide additional parking as required by zoning in a parking deck to be constructed in the future and located in the area designated on the plans as "surface parking". No building or permanent accessory structure may be placed in this area. The Applicant shall execute a covenant in the form provided by the DEC committing to the construction of the future spaces upon determination by the DEC that the spaces are needed (see Conditions). 22. The Applicant shall submit a fully-executed agreement from MassDevelopment regarding the trail re-location and construction easement prior to the issuance of a Certificate of Occupancy. Additionally, all plans shall be revised to reflect MassDevelopment as the entity to which drainage easements will be granted to (not the Devens Enterprise Commission). Drainage easements should also be identified for the southwesterly detention basin. Any easements required, including but not limited to monitoring wells, drainage and utilities shall be finalized and fully-executed prior to the issuance of a Certificate of Occupancy. 23. The photometric plan and all plan sheets shall be updated to show all building entrances/exits and associated lighting. Photometrics and lighting shall be modified to meet the requirements of 974 CMR 3.04(6)(a)4. prior to the issuance of a building permit. 24. Landscape maintenance and water management plan, subject to review and approval by the DEC or its designee, shall be submitted prior to issuance of a certificate of occupancy. Plan should consider use of harvested roof-runoff for irrigation. 25. The Applicant shall submit an additional Phase 1 landscaping plan for the land between Barnum Road and the facility in full compliance with the DEC's Rules and Regulations as determined by the LUA and assuming phase 2 will not be built. The Applicant shall provide a performance guarantee for this landscaping. If phase 2 has not begun within twenty four (24) months of this approval, the applicant shall install the additional Phase 1 landscaping as depicted on the additional Phase 1 Landscaping Plan to be prepared by the applicant. The 24-month time period may be extended by the mutual agreement of both parties. 26. The Applicant shall conduct soil testing in accordance with 974 CMR 3.04(8)(e). Results shall be submitted and subject to review and approval by the DEC or its designee, prior to landscaping installation; 27. All lighting/landscaping conflicts shall be resolved without eliminating any required landscaping. Final landscaping plans shall be submitted and subject to review and approval by the DEC or its designee, prior to final plan endorsement; 28. Should there be a valid noise complaint issued against the applicant, the applicant shall be responsible for taking the appropriate measures to reduce noise levels. This may include the installation of the sound barrier originally proposed. A waiver for a structure within the side yard setback will be required from the DEC. 29. Wherever "Applicant" is referenced in the Conditions set forth herein, it refers to the Applicant, its successors and assigns. DECISION: The DEC voted on August 14, 2007, 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, and to approve the Site Plan Application for the Evergreen Solar Manufacturing Facility. 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 the Evergreen Solar Manufacturing Facility Phase I, which will, in turn, allow construction to commence. 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 the DEC files a Record of Decision and completed within four years. This time period may be extended upon written application to the DEC. It is further noted that there is 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 August 15, 2007 and terminates September 14, 2007, is "at risk". Final plans must be submitted for endorsement by the Commission by February 15, 2008. Approved by:
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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.
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