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 		RECORD OF DECISION

LOAVES & FISHES

 


1. Applicant

The applicant is Goldsmith, Prest & Ringwall, Inc., 39 Main Street, Suite 301, Ayer, MA 01432 on behalf of Loaves and Fishes. The owner is Mass Development, 43 Buena Vista, Devens, MA 01432.

2. Premises and Proposed Project

Loaves and Fishes seek approval of a Unified Permit incorporating Site Plan Approval, the issuance of a Wetlands Order of Conditions and a building permit, to rehabilitate an existing structure located at Barnum Road in the Open Space and Recreation Zoning District, provide an adequate supply of parking and appropriate traffic circulation improvements to allow the building and site to operate as a mainly volunteer run food pantry and social service provider. The facility will operate three to four days a week on a part time basis.

3. Application

The submission included a completed DEC application; a Notice of Intent entitled Loaves & Fishes Devens, MA dated April, 2004 Project No. 041018 Prepared by Goldsmith, Prest & Ringwall, Inc. Ayer, MA; Stormwater Management Computations Building 1467, 234 Barnum Road, Devens, MA dated April, 2004 Project No. 041018 Prepared by Goldsmith, Prest & Ringwall of Ayer, MA; nine (9) sheets prepared by Goldsmith Prest & Ringwall of Ayer, MA stamped by Brian M. Connor , PE and dated April, 2004. The sheets are identified as follows:

  • Sheet 1 Title Sheet revised 4/29/04 and 5/20/04

  • Sheet 2 Existing Conditions and Demolition Plan revised4/29/04 and 5/20/04

  • Sheet 3 Site Layout and Utilities Plan revised 4/29/04 and 5/20/04

  • Sheet 4 Grading, Drainage and Paving Plan revised 4/29/04 and 5/20/04

  • Sheet 5 Landscape Plan revised 4/29/04 and 5/20/04

  • Sheet 6 Stormwater Pollution Prevention Plan revised 5/20/04

  • Sheet 7 Construction Details

  • Sheet 8 Construction Details revised 5/20/04

  • Sheet 9 Construction Details revised 5/20/04

  • An additional Floor Plan was submitted by Cubellis Associates Inc dated March 22, 2004 entitled Loaves and Fishes 1467 Barnum Road, Devens, MA.

    Additional information was submitted by reviewer and the applicant and is made part of this plan, including: A Memo to Peter Lowitt, DEC from Tom Lewis of Mass Development Utilities dated May 13, 2004 regarding Loaves and Fishes requesting plan details be changed on sheet 3 of 9; from R. Headrick, RLA Vollmer Associates LLP dated May 7, 2004 regarding Loaves and Fishes Permit Plan Review 9 pages; a letter to Peter Lowitt, DEC from Chris Lilly of Bowmar, Larkin, Lilly & Barton 18 Main Street Ayer, MA 01432 re: Loaves and Fishes Food Pantry, Inc. and the proposed use of 1467 Barnum Road dated January 20, 2004; and a letter to Mr. Lowitt from Calvin Goldsmith (GPR) dated April 27, 2004 Re: Loaves and Fishes Application including an analysis of the traffic load from the project, A landscape operations and maintenance plan, plus a written justification for the traffic circulation pattern around back of the building and a detailed discussion of how the pantry operates. A letter from Calvin Goldsmith of GPR to Peter Lowitt dated May 18, 2004 regarding response to Vollmer Associates LLP comments dated May 7, 2004 and Mass Development comments. Additional comments (4 pages) from Vollmer Associates regarding this project dated May 24, 2004 and A Memo to Peter Lowitt from Calvin Goldsmith, Goldsmith Preset & Ringwall, Inc. dated May 28, 2004 responding to Vollmer Associates comments of May 24, 2004 (3 pages). A memo from Ron Headrick of Vollmer Associates dated 5/28/04 to Peter Lowitt regarding the rationale for granting a waiver to allow the use of water quality swales for the project. A letter to Peter Lowitt from Thomas Garrity, Devens Fire Chief dated June 2, 2004 regarding the project.

    4. Unified Permit Components and Actions

    The applicant is seeking a Unified Permit to authorize a wetlands order of conditions for work within 100’ of wetlands (Robbins Pond) and Site Plan approval to reconstruct the existing building, add an adequate supply of parking and make site improvements necessary to the efficient operation of the facility.

    5. Process

    The Applicant’s representative submitted a Unified Permit Application to the DEC at a pre-permitting conference held April 8, 2004. The Application was deemed complete and sent to the Towns to commence the thirty day comment period on April 12, 2004. Legal notices were placed in Nashoba Publications and the Shirley Volunteer on May 5 and 12, 2004 and the Harvard Post on May 7 and 14, 2004. Notice was sent to abutters on May 3, 2004. The public hearing was scheduled for May 25, 2004. The Towns’ thirty day comment period expired May 12, 2004. The public hearing was continued until June 3, 2004 at 6:45 PM at which time the DEC closed the public hearing and voted the Record of Decision.

    6. Waivers

    The applicant requested the following waivers:

  • 974 CMR 3.02(3)(b)(6) Plans prepared by a Landscape Architect to allow them to be prepared by a Landscape Designer and stamped by a PE.

  • 974 CMR 1.07 Unified Permit Fees requesting the DEC waive the Unified Permit Fee. The Applicant will pay peer review fees and the state portion of the Notice of Intent fee as they are a nonprofit charitable organization.

  • 974 CMR 3.04(3)(a)(1)(a) Principal parking serving the site shall not intrude forward of the building façade.

  • 974 CMR 3.04(3)(a)(1)(d) A waiver from the requirement for intermediated end islands and terminal islands due to space constraints. Landscaped islands provided where parking lot bays exceed 72’. Only one line of parking extends to 100’. West parking lot is 80’ long.

  • 974 CMR (3)(a)(1)(f) A waiver from the requirement for bicycle storage on site.

  • 974 CMR 3.04 (3)(a)(3) A waiver of any further landscaping around the perimeter of the parking area. However, notwithstanding the above comment, the applicant has shown locations of acer rubrum ‘Red Sunset’ trees of 3” caliper around the perimeter of the parking areas where appropriate and indicated these will be provided at some undetermined future time as charitable donations from Loaves and Fishes patrons. The hope will be to have these donated within one year of the time construction is completed.

  • 974 CMR 3.04(8)©(5) A waiver of the 3” caliper requirement. Please note that the Nyssa sylvatica ‘Haymanred’ is called out, however as these trees have taproots, they are very difficult to transplant, and are currently available only in 5’-6’ specimens. The applicant desires to use them because they are native, salt-tolerant, and one of the most beautiful American trees.

  • 974 CMR 3.04(8)(d)(4) A waiver from the requirement to have a certified arborist working with us during construction to preserve these trees. Rather, the applicant would like Loaves and Fishes Board of Directors member Lisa Martel, a professional landscaper, to guide the preservation of these trees during construction.

  • 974 CMR 3.04(8)(e) A waiver from sieve and chemical analyses of the soil, as we believe them to be well suited for infiltration purposes. Test pits were conducted at the site in the area of both retention basins. However, tests were performed immediately after heavy rainfall the day before, and the ground was too saturated to perform the planned percolation tests. A DEP certified soil evaluator did perform the tests, and the hole were logged, which logs have been included with the hard copies of this response letter. Soils encountered were granular loamy fine sand and loamy sands with expected percolation rates in the 5 to 10 minute per inch range.

  • 974 CMR 3.04 (8)(h)(3) A waiver of further landscaping along the street.

  • 974 CMR 3.04 (8) (k) (1) A waiver from any further landscaping screening requirements in front of the building other than those called forth in the Vollmer Associates letter of May 24, 2004.

  • 974 CMR 4.08(3)b states that the computations should not be restricted to the site for the reasons set forth in the Vollmer Associates Memo of 5/28/04.

    7. Findings

    The DEC made the following findings:

      1. Religious or educational uses on land owned or leased by a religious sect or denomination, or by a non-profit educational corporation” are “exempt uses” under Article VI.D.5 of the Devens By-Laws.
      2. Loaves and Fishes is a non-profit educational corporation within the meaning of Article VI.D.5 of the Devens By-Laws.
      3. Loaves & Fishes Food Pantry, Inc. qualifies as a non-profit educational corporation as demonstrated by: 1) its Articles of Organization, as well as its By-Laws; 2) by the practice of its stewardship program to educate individually each of its clients by identifying and by coaching and encouraging each client toward a resolution and a plan for self-reliance; and 3) seminars provided to educate its clients with respect to legal, nutritional and health topics.
      4. Loaves and Fishes Food Pantry Inc. proposes to locate its facility in land zoned Open Space and Recreation.
      5. As an educational facility Loaves and Fishes is required to comply with the reasonable regulations of the Devens By-Laws and Rules and Regulations.
      6. The number of parking spaces proposed, fifty (50) is reasonable for this type of part time educational and institutional use.
      7. 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. 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.

    6. 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.

    7. Facilities required under the Water Resources Protection Bylaw and the related Design Standards have been included.

    8. The plans, with waivers and conditionally approved, demonstrate compliance with Landscaping Design Standards for plant materials, planting strips, screening, and preservation of existing specimen trees and wooded areas.

    9. A Wetlands Order of Conditions has been issued and has been incorporated into this Unified Permit.

    10. Applicable Industrial Performance Standards have been adhered to.

    11. Sufficient parking for current needs has been provided.

    12. Adequate traffic mitigation and control measures have been proposed.

    13. The Applicant agrees to participate in the Devens traffic management association.

    14. Adequate water supply exists in terms of quantity, quality, and water pressure for commercial and/or domestic needs and fire protection.

    15. Connection to sanitary sewers has been made.

    16. Building design meets the minimum standards as established by Mass Development for the district in which the lot is located.

    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 truck traffic route from the site shall be Barnum Road easterly to Patton Road to Jackson Gate. Automobile traffic shall also be encouraged by the Applicant and owner to use Jackson Gate to the maximum degree feasible. In addition, when transportation/ trip reduction/ public transit options are available in the future, the building owner and leasee 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. 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. The DEC will not endorse plans until both Vollmer Associates Inc. (the DEC’s consulting engineer) and Mass Development Engineering have reviewed the final plans and the Applicant has demonstrated compliance with the DEC’s Regulations.
      5. The DEC will not endorse plans until its consulting Landscape Architect and wetlands scientist, Vollmer Associates, have reviewed the final plans and the Applicant has demonstrated compliance with the DEC’s Regulations.
      6. The Applicant shall provide Police details during the Thanksgiving and Christmas holidays if Mass Development determines there is a need for them in order to protect the public’s health safety and welfare.
      7. 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.
      8. 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 be filed with the DEC.
      9. The applicant is reminded that in accord with the Devens By-Laws, Article III, Section K 1. a., except for the removal of earth in amounts less than 10 cubic yards per year per lot, the transfer of material from one portion of a lot to another portion of the same lot, the removal of material necessarily excavated in connection with the lawful construction of a building, structure or street, or of a driveway, way, sidewalk, path, utilities, or other appurtenance incidental to any such building, structure or street, or material necessarily excavated in connection with the environmental clean-up of a site, no soil, loam, sand, gravel, or other earth materials shall be permanently removed from any lot within Devens, except in accordance with an approval from the DEC.
      10. The waivers granted shall be listed on the plans.
      11. 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. Tree protection fences shall be installed prior to the commencement of any construction activities on site and maintained in areas where construction is being conducted.
      12. Proof that the Wetlands Order of Conditions has been filed in the Registry of Deeds must be submitted to the DEC before a building permit is issued.

        9. Decision

        The DEC voted on June 3, 2004, 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 Loaves and Fishes Food Pantry Inc.

        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 Loaves and Fishes, 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 June 4, 2004 and terminates July 5, 2004, is “at risk”. Final plans must be submitted for endorsement by the Commission by October 4, 2004.

         
        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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