Unified Permit Amendment
April 8, 2010
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Unified Permit Amendment |
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APPLICANT/OWNER:
The applicant and owner are Triplenet Investment IX, L.P.c/o J.G. Pertucci Company, Suite 201, 171 State (Route 173), Asbury, NJ 02184. PREMISES AND PROPOSED PROJECT The applicant is seeking to amend the existing Unified Permit for 36 Saratoga to allow for the construction of a new loading dock, canopy, material storage silo and associated utilities and site improvements for the premises located at 36 Saratoga Boulevard (Lot 4A), to accommodate a new tenant. The original development of this site was approved by the DEC in 1999. The proposed modifications are not within 100 feet of any wetlands, therefore a Wetland Order of Conditions is not required. The 18.3 acre parcel is located within the Rail Industrial and Trade Related Zoning District, with portions of the lot within the Aquifer, Watershed and Zone 2 Water Resources Protection Districts in Devens. SUBMISSION The following is a list of exhibits that have been included as part of the record for this Application:
UNIFIED PERMIT COMPONENTS AND ACTIONS The project seeks to amend the existing unified permit for 36 Saratoga Boulevard (Lot 4A) to include a new loading dock, canopy, material storage silo and associated utilities and site improvements, with the exception of the rail spur connection, which will be subject of a separate Unified Permit application. PROCESS Kelly Engineering Group, Inc., on behalf of Triplenet Investment IX, L.P., submitted a Level II Unified Permit application package, including the application, drainage report and site plans on February 11, 2010. The pre-permitting conference was held on January 20, 2010 and the Determination of Completeness was issued on February 11, 2010. Copies of the application and plans were sent to the surrounding Towns on February 12, 2010. Notice of the public hearing was sent to all surrounding Towns on February 24, 2010. Legal notices were placed in Nashoba Publications on March 5, 2010 and March 12, 2010. Certified Mail notice was sent to all abutters on February 24, 2010. The 30-day town-comment period expired on March 26, 2010. One public comment letter was received on April 4, 2010. Copies were provided to the Commissioners. The DEC opened the public hearing on March 30, 2010 and continued the hearing to the April 8, 2010 meeting. The hearing was closed on April 8, 2010. WAIVERS The Applicant requested the following waivers from the DEC Rules and Regulations:
The DEC voted to grant all waivers requested. Waivers granted shall be included on the final plans, prior to endorsement by the Commission. FINDINGS The DEC made the following findings:
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, 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. The Applicant shall also take measures to encourage automobile traffic to use Jackson Gate to the maximum degree feasible. 2. The Applicant agrees to participate in the Devens Transportation Management Initiative and 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. 3. Pursuant to the Site Plan Rules 974 CMR 3.02(1) and the By-Laws, Article III, Section H, any further “expansion of the parking lot, structure or loading dock” shall require a new application for unified permit site plan review. 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. All required erosion controls shall be in place prior to the commencement of construction. DEC Staff shall be contacted for inspection prior to commencement of construction. 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 final Erosion and Sediment Control Plan and Notes, shall be strictly adhered to, now and in the future. 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. 7. Waivers granted shall be labeled as such and included on the final plans. 8. All landscaping shall be maintained in healthy condition. Any dead or damaged landscaping shall be replaced promptly. Tree protection fencing is required along the northern portion of the building to preserve the existing vegetation. 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. The applicant shall be required to submit a letter confirming a one-year guarantee of all approved landscaping once installed. 9. A stormwater management plan shall be included on the final plans in accordance with the Devens Stormwater Pollution Prevention Plan. The Applicant is also required to continue filing annual reports with the DEC in October of each year indicating how it is maintaining its on-site stormwater management facilities. 10. A landscape maintenance plan in accordance with 974 CMR 3.04(8)(m) shall be submitted prior to the issuance of a building permit. 11. 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. 12. The Applicant shall notify the DEC in writing seven or more days prior to the completion of the following construction milestones:
a) completion of the site grading and site work; 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. 13. The Applicant shall submit final as-built plans in accordance with the DEC As-Built policy, prior to completion of the project. The Applicant is also required to provide a copy of plan entitled “As-Built Plan – North American Van Lines, Harvard, Mass., Scale 1”=50’, dated Nov. 4, 1999, drawn by Bradford Saivetz & Associates, Inc.” 14. Wastewater discharge from the proposed use shall be characterized and comply with the Devens applicable discharge limits as per the MDFA Industrial Discharge Limitations. 15. The Applicant shall provide a final Design approval letter from MassDevelopment, in addition to final review and approval from the Devens Fire Chief prior to issuance of a building permit. 16. The proposed propane pad requires bollard protection. Plans shall be revised to include these, along with details. Propane tanks, if in excess of 2000 gallons, will require a License from the DEC and must be permitted by the Devens Fire Department. The compactor also requires a permit from the Devens Fire Department 17. Existing screening vegetation that is proposed to be removed (4) shall be replaced. Replacement plantings shall be of a similar species and size and located as close to the property line and/or parking areas as feasible. 18. Any additional outdoor storage/equipment other than that show on proposed plans will require will require DEC approval. 19. Specifications for all exterior mechanical equipment and delivery equipment (such as truck mounted pumps) shall be provided as part of the Building Permit application and shall comply with all DEC Industrial Performance Standards. 20. Proposed landscape screening for the silo and chiller units shall consist of a minimum of 6 white pine and 6 pitch pine evergreen trees (min. 6’ height). Screening plantings shall be relocated closer to Saratoga Boulevard to provide maximum screening. Locations shall be coordinated with DEC Staff. 21. The following changes shall be made to the plans prior to endorsement by the Commission:
DECISION The DEC voted April 8, 2010, after the Public Hearing was closed, to grant the waivers requested, to issue findings, including that the application complied with Approval Criteria in 974 CMR 3.03(2), to impose Conditions, and to approve the 36 Saratoga Boulevard. BUILDING PERMIT The Building Commissioner, along with the Electrical and Plumbing Inspectors, and MDFA 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 One Jackson Place, LLC, 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 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 April 9, 2010 and terminates May 4, 2010, is “at risk”. Final plans must be submitted for endorsement by the Commission by October 9, 2010. 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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