HomeMy WebLinkAboutTab 10 5005 1044 Route 28 Development of Regional Impact DecisionNOTAN3225 MAIN STREETo ne.Eod( a2A LBARNSTAB LE, MASSAC HOSOT?S 92630ek 3+937 Fg315 +9l*g9rr:t?-?.rs-2fi?:t ff LI_ E rl?{lLNOT..,'.t,ai,.r:r ..-.\' ., "{,;, /,.!' \J;iii !i1 i.: t:!it. ,i,f'.- \.!-.lil,ii-i#/ANOFFICIACOPYNTNOTCOPYCOPYDEVELOPMENT OF REGIONAT IMPACT DECISIONCAPE COD(s08) 362-3828 . Fax,Tt|t??"?{ ; *ilT'"o.codcommissio"'?'{, ^ "COMMISSIONDate:Project:Project ApPlicant:Property Owner:Property/ Site:Title Reference:January 13,2022'etue S[y Towers South Yarmouth Re-submission (File No. 21012)Blue Sky Towers lll, LLC d/b/a BSTMA lll, LLCc/o Ricardo Sousa, Esq., Prince Lobel Tye, LLPOne lnternational Place, Suite 3700, Boston, MA 02110Roman Catholic Bishop of Fall River1044 Route 28, South Yarmouth, MA 02664(Assessors MaP 50; Parcel 1 89.1)Book669, Page 144Blue Sky Towers Re.submission, South Yarmouth, MA - Commission File No. 21012Development of Regional lmpact Decision -January 2022 - Page 1SUMMARYThe cape cod commission ("Commission") hereby Srants Developrnent of Regional lmpact ('DRl'.)approval, with COnditions, for "BlUe Sky Towers Soutfr Varmouth Re-submittal"'to construct a 1 10-footwireless communications tower with associated improvements at 1044 Route 28 in SOuth Yarmouth'pursuanttoaVoteoftheCommissionatitsmeetingonJanuary13'2Q22'FINDINGSThe Cape Cod Commission hereby finds and determines os follows:F1. The Applicant proposes development on a leased po,rtion of a 4.4-acre +/- parcel' which currentlycontains a chapel church building and parking area ("Property" or "site"), by constructing a 110-foot multi-c"rri", *onopole-style wireless communications tower with associated equipment("Project"). The Applicant has legal standing to pursue the Project through a letter of authorizationfrornthe Property owner (Roman catholic Bishop of Fall River)'F2. The east side of the Properly abuts Route 28 and is occupied by other commercial properties' Th€west side of the property is predominantly occupied by single family residences, The Property is ina Freshwater Recharge Area (FWRAI but is not mapped for other sensitive resources identified in
F3.F4.F5F6.Bk 34927 P9316 #9989the Regional policy plan ('Rpp') such as priority habitat, natural landscapes, or undeveloped areassubjecttoflooding. N o T N o TAN ANGiven the surrogn$ing ,t.trfO {er4glopment poftFrrEi anddhE ggpqpf development beingproposed, ttre sYte'is g* rqprgr;ntuO ny the "subur@n@qpetgpment Area" Placetype. SuburbanDevelopment Areas ,ie llliracierized by moderately dense residentiaf neighborhoods as well asautomobile-oriented cgp6elcial development' N O fThe Applicant proposes fu J$vgtop and operatepn-thg Si$a,Si," an approximately 1 10-foot-tallwiretess corr,fti8ut'6nI t&uel vftttFotner sunp$rfin{af Hl+'d! Hnprovements, includinS:COPY. clearing 1/t-dcte +/- of wooded area;. constructing a 55'x65'stone compound surrounded by a 6'-tall stockade fencing;" installing the monopole tower, carrier antennas, concrete equipment pads, and allassociated ground equipment (including equipment cabinets, propane generators,propane ranks, ice nriOge protection, and high sound mitigation shields) within the fencedarea;o installing an approximately 12 x35' gravel driveway connecting the fenced area to theexisting parking lot;. installing vegetated storrnwater management swales along the perimeter of the fencedarea;n loaming and seeding the clisturbed areas outside of the fenced area; and. plantings to visually buffer the proposecl compound and associated ground-mountedequipment.Subr-rrban Development Area strategies include improving the clesign and function of commercialareas through landscaping and stormwater treatmenU and encouraging redevelopment ofexisting commercial suburban development with denser clusters of buildings surrounded by lessdeveloped areas. The Applicant proposes to develop a currently undeveloped portion of theProperty and to provide larrdscaping and stormwater management'Ongoing operarions and activity at the Properry woutd be minimal. Due to the minimal ongoingoperations, the Project does not involve regionally iignificant or sustained effects on thetransportation network.F6.1 The Federal Tetecommunications Act of 1996 at 47 'JSC 5332(c)(7XB)(i) provides that anyregulation of the placement, construction, and modification of personal wireless servicefaciliries by any State or local government or instrumentality thereof shall not prohibit orhave the effect of prohibiting the provision of personal wireless services.F6.2 The Federal Telecommunications Act of 1996 at 47 USC S 332(c) (7)(BXiii) provides that anydecision by a State or local government or instrumentality thereof to deny a request toplace, construct or modify personal wireless service facilities shall be in writing andsupported by substantial evidence contained in a written record.Blue SkyTowers Re-submission, South Yarmotrth, MA - Commission File No. 2101 2Developrnent of Regional lmpact Decision - January 2022 - Page 2
Bk 34927 P9317 #9989BACKGROUNDt7. The project was previol!1rf$vieweo as a Developrn."r\?fig'onal lmpact (DRl) as File No' 2'1005,which was witrr$ra;rvrffin$of Ol.Ut prior to $e6tge 3f $eprftighearing process' This re-submittalis a continq6tignpf $at review process' C O P YF8, The Applicant made thfrfgloiflin8 modifications to its p(PryTl from DRI File No' 21005 in theapplication reviewed he6:, A No the tow€OhEigfit haCberCreduced by 1@frEnfln'6 t1B L. the breadth ofihg.Eri$ment frames has neerFr&,fi.Jfto* "12' to 6' on each of the threefaces of the frames;. spacing between the Antenna p4D Centers has been reduced by 4'5'from 15'to 10'-11';r th€ equipment pad area has been reduced from 70' x75' (5,250 sf) to 55'x 60'(3,300 s0;r tree clearing haS been reduced from 1 1,390 sf to 9,960 sf;r utility lines have been moved from overhead to underground;. fencing has been changed from chain-link to stockade; and. landscaping has been increased.F9. The Commission retained, at the Applicanfs expense, a consultant with expertise reviewingtechnical aspects of the proposal. The consultant, David Maxson of lsotrope wireless, LLC(,lsotrope,,), provided an initial report on the origlnal application for File No. 21005, followed bysupplemental comments on that filing. lsotrope submitted additional comments for this filing'which were reviewed as part of the proceedings'PROCEDURAL HISTORYF10. The project requires mandatory DRI review pursuant to Section 3 of the Commission's Chapter A:Enobling Regulations Governing Review of Developments of Regionol tmpact ('Enobling Regulations")(revised May 2020) as the "lc]onstruction of any Wlreless Communication Tower exceeding 35 feetin overall height...".F11, The Commission received a mandatory DRI referral for the Project from the Town of Yarmouth('Town") an 8/1212O21.F12. The hearing period was opened procedurally on 10/1 5/2021Fl3. The Appticant submitted a DRI application for the Project to the Commission on 1A125/2021'Fl4. The first substantive hearing was held by a DRI Subcommittee ("Subcommittee") on the Project on12114/202L The hearing wa! continu ed to 1t3t2022, where the Subcommittee reviewed a draftwritten DRI decision prJparea by staff at the Subcommittee's direction. At this hearing session, theSubcornmittee voted 4 in favor, 1 opposed to recommend to the full Commission that it grant DRIapproval for the project, with conditions, as set out in the draft written DRI decision reviewed bythe Subcommlttee,F1S. ThefullCape Cod Commission held a hearingon the Projectatits meetingonl/1312O22'!tconsidered the recommendation of the Subcommittee, including the draft written DRI declsion' AtBlue Sky Towers Re-submission, South Yarmouth, MA - Commission File No' 21012Development of Regional lmpact Decision -January 2022 - Page3
Bk 34927 P9318 #9989thehearing onl/13/2022,theCommissionvotedtoadoptthedraftwriftenDRldecision'andapprove the Project, wlth srdlconditions set out in saidl*eos& decision.DRIREVIEWSTANDAR^^ AN ANiYtutrcrAL oFFrcrALF16. Section 6(cXviii)"of ih *,VnUr*tR;iulotiont contains tl'tg SEldaKls to be met for DRI approval,which includ., ", "ppii."tle, consistency with the RPP, District of Critical Planning Concern(,DCpC") implementingNegulqtions, municipal developrger6t b5rlaws, and commission-ceftifiedLocal Comprenensive etppsli"f-Cpt. The Cornmission mupf a{po find that the probable benefit fromthe Project is grgatfrlr Stn t* prqpq$le detrimrort'r F I c I A LMUNTCTPAL DEVELoPMENTq\qAs/g LcP, AND DCPC CONf,SftrtcfF17. There are no DCPC implementing regulations applicable to the Project.Fl g. The Town of yarmouth's current Local Comprehensive Plan (LCP) was adopted in 2001 , lt statesthat telecommunications infrastrucrure would be dealt with via future planning efforts. The Townhas an undated inventory of potential sites for wireless communications towers, but none of theidentified sites are proximate to the coverage gap that has been identified'F1g.1 Beginning in 2020, the Town of Yarmouth has been engaged in a visioning Process anddevelopment of a draft Vision Plan, which sets forth updated planning goals for theTown, including improvements to the Route 28 corridor. The Vision Plan is expected toprovide a foundation for updating the Town's LCP, but this update has not yet beenimPlemented or adoPted.F19. The project will require a Special Permit from the Zoning Board of Appeals, Design Review, Siteplan Review, and any other non-land use town permits, such as permits for the propane tanks,from the Town of Yarmouth.F20. The project Site is within the Business District (82) and also in the Village Centers Overlay District(vcoD)Village center 3itvc3). This is an optionaloverlay district to incentivize redevelopment ofRoute 28 while requlring strict design standards. The Applicant has not elected to seek approvalpursuant to the V|OD zlning; accordingly those provisions of the Bylaw do not apply to theproject, Wireless communications towers may be allowed in any zoning district, but areencouraged on existing structures and sites designated by the Town. Section 408 of the Bylawestablishes detailed grlduline, including, but not limited to, the siting, design, and screening ofwireless comm unications towers.F21. LJnder Section 408 of the Bylaw, wireless communication towers may be permitted in the 82zoning district only under a Special Permit issued by the Zoning Board of Appeals ("ZBA')' The ZBAmay alter or waive one or more of the requirrements of Section 408 if it finds that the alteration orwaiver of rhe requirement(s) will not derogate from the intent of the Bylaw' Based on the currentdesign, required waivers may inclucle, but are not limited to, the requirement that the wirelesscommunication tower:. Be designed and sited to have the least visual effect on the environment (S 408'7'1);e Not be located within open areas that are discernable from public roads '.. or residentialdeveloPment (5 408.7.5.1 );Blue Sky Towers Re-submission, South Yarmouth, MA - Commission File No 2'101 2Development of Regional lmpact Decision -January 2022 - Page 4
Bk 34927 Ps319 #9989r Be no higher than 10 feet above the average height of trees or buildings within 300 feetof the proposes bcltrty or surrounding tree cal{o$r F 408'7'6'2); and. Providia#"q.",+.H brrftr gufficient *dftf.!."dp $"yiO; vfar-round screening (5408,7,m.$. I " -,".-t.c oPY coPYRPP CONSISTENCV REVIEWF22, The Commission revievlb&ti$ project relative to tne zdisQpF and companion Technical Bulletins,which were those in effe0t At the time the Comrnission c&n}fienced substantive hearing on theproject. Under g}.fi'otrg 6tSreh#, he commi*ifi #sdssEs flhdrrtiect's consistency with theRpp by determining,affie$r# tHe ProJect is consistent f,,itfr tHe [oals and objectives in the RPP thatare deemed applicible, material and regionally significant with respect to the Project. Thecompanion Technical Bulletins assist in elaborating and interpreting the RPP's goals andobjectives.F23, The Rpp goals and objectives specifically referenced in this section of the Decision and discussedin detail below are those determined to be applicable, material, and regionally significant withrespect to the Project and are thus subject to RPP consistency review'F24, Subject to the Conditions set out in this Decision, the Project is consistent with the RPP goals andobjectives and with the corresponding provisions from the Technical Bulletins, as discussed indetail below, and as such the Project is consistent with the RPP'Water ResourcesF25. The Water Resources Goalof the RPP is to maintain a sustainable supply of high-quality untreateddrinking water and protect, preserve, or restore the ecological integrity of Cape Cod's fresh andmarine surface water resources. Water Resources Objectives WR1, WRz, and WR4 are applicableand material to the Project:r Protect and preserve groundwater quality (WR1);r Protect, preserve, and restore freshwater resources (wR2); ando Manage and treat stormwater to protect and preserve water quality (wR4).F26. The primary source of nitrogen will be from stormwater runoff. Staff reviewed the proposedstormwater system and found it consistent with WR4, and thus the Project is consistent with WR1,FZ7. While the project is located within a Fresh Water Recharge Area, there is no septic systemproposed and the Project Site does not contain shoreline to a pond or lake.F28. Commission staff has reviewed the project plans and stormwater report, and the system isappropriately sized and designed consistent with Objective WR4.F29. The project is located in the Crowell Pond Freshwater Recharge Area. To meet WRz, the Project isrequired to prevent loading of nutrients and other contaminants to freshwater resources.F30. Nitrogen loading from the Project will be generated only by stormwater runoff from imperviousareas. The impervious areas proposed are the stone compound area, which would contain theground equipment and monopole, and the gravel.F31. Because no wastewater generation or fertilization is proposed or anticipated, the Project isexpected to be well below the 5 ppm sitewide nitrogen loading concentration limit.Blue Sky Towers Re-submission, South Yarmouth, MA - Commission File No, 21012Development of Regional lmpact Decision - January 2Q22 - Page 5
F32, The Applicant has proposed two (2) backup emergency generators and a transformer' Theproposed backup genelFtor fgel will be propane, posinglliultro no risk of groundwatercontamination, the tranffoNner will use biodegradable mrdrnon-toxic fluids'OFFICIAL OEFlCIALQ?ensldce c o p y c o P YF33. The Open Space Coal of inJnpp is to conserve, pieserve, or enhance a network of open spacethat contributes to the ilFgPqi6 natural and communitygeqgqces and systems' Open Spaceobjective oS3, which se$s1tp protecr or provide open snscftappropriate to context, is applicableandmaterialto5frq'Prpjqt,c t e t, o F F r c r A LF34. The Area of DevelopnftrQ tr8p&t for purposes of the fr@ir8dEpen space mitigation' excludingarea used for naturalized elements of the stormwater management systems' is 1 2'000 sf'F35. projects in suburban Development Areas are required to provide high-quality open space in aratio of 1:1 on-site, offsite, or by cash contributton'F36. The Applicant previously committed to a cash payment to the Town of Yarmouth to provide openspace and meet Objective OS3. A payment in lieu of the provision of restricted open space land isappropriate given the relatively small Area of Development lmpact for the Project and the Project'slocation in a highly developed area'F37, Based on the current Per-acre open space mitigation figure of $1 25'951 for the Town of Yarmouth'the.28-acreDevelopmentlmpactArearesultsinarequiredpaymentof$35'266'CommunitY oesignF38.The Community Design goal of the RPP is to protect and enhance the unique character of theregion,s built and natural environment based on the local context. community Design objectivescDl and CD3 are applicable and material to the and material to the Project:. Promote context-sensitive building and site design (cD1); andr Avoid adverse visual impacts from infrastructure to scenic resources (CD3)'F39. The proposed site abuts a mature wooded area on two sides and is set back from Route 28roughly 125 feet, behind an existing paved parking area. lt is set back from Forest Roadappioxinrately 165 feet and is sited behirrd an existing church and parking area'F40. The proposal has been modified to include significant improvements to landscaping' including theuse of a stockade fence'F41 . The Applicant provided photosimulations of the proposed monopole from vantage pointsiderrtified by the Commission. Even at the reduced height the tower will be highly visible alongsegments of Route 28 in South Yarmouth and at approaches to the intersectiorl of Route 28 andForest Road.F42. Theproposed tower will be visible in the distance from some locations in the south YarmouthNational Register Historic District, specifically areas on the west end of old Main Street wherethere are crossroads that provide views to the north'F43. The proposed towei will be visible in the distance from circuit Road near swan Pond but wouldhave a very small presence in the viewshecl because of its distance frorn that site'Bk 34927 Pq32O #9989BlueSkyTowersRe-submission,southYarmouth,MA-CommlssionFileNo.21012Development of Regional lmpact Decision - January 2O22 - Page 6
F44. The tower will be highly visible from adjacent locations with large pub.lic parking areas and tomotorists using nouie is witmn roughly 1/e-mllefrom tl"iH sQe'lHowever' the revised proposalincludes several changesftol{he design and site that reduAe tfie visibillty and overall silhouette ofthe tower. The &rtffrrErsIrr€orl shalhr frames &aFnbubt Sreln clo$er to the tower, resulting in ashorterandnarrowerQrofilP,Y c O P Y"'H['^:i:.?i?:ff lilsrffi ,f#;:: j"#iffj;:1"Jtrffi rfi:;lsx] jl:ili;ii'ffi :il:than if eacrr carrier*ruS"?" ffspirpittipte CAM6algntt& ttirS. fr8gorridor, similar to the oneinstalled by VeriZofi a8o8; F$e28Trom this Site' c o p yF46. The project is unlikely to have any significant visual presence in the historic district due to itsdistance from the district and due to the density of buildlngs and mature vegetation that obscuremost views to it. Further, the surrounding lOcations are not designated scenic roads or scenicvistas, and there are many other man-mid" f..trret in the viewshed that would obscure ordistract from the ProPosed tower,Capitdl Facilities & lnfrastructureF47. The Capiral Facilities & lnfrastructure Goal of the RPP is to guide the development of capitalfacilities and infrastructure necessary to meet the region's needs while protecting regionalresources, Capital Facilities & lnfrastructure objective CAP2, which seeks to coordinate the sitingof capital facilities and infrastructure to enhance the efficient provision of services and facilitiesthat iespond to the needs of the region, is applicable and material to the ProjectF4g. Based on the materials provided by the Applican[ the Project is infrastructure that would improvecellular service in the area of the proposed site, in response to the needs of the region'F4g. wireless network connectivity is influenced by many factors, including proximity to a cell site,physical obstacles and signal interference. Wireless service can be affected by severe Weather'topographicalfeatures, or large structures or other objects between a phone and the nearest cellsite,F50. The Applicant suggests that T-Mobile and AT&T have identified a significant gap in wirelesscoverage in thls Jiea of yarmouth. The Applicant identified the proposed site as the only feasiblelocation to close T-Mobile's and AT&Ts significant gap'F51 . The Project would improve cellular coverage in Yarmouth for T-Mobile and AT&T, and includesspace for two additional carriers.F52, The commission retained a wireless consultant to review the claimed coverage gaps as requiredunder Technical Bulletin 97-001.consistency with Techntcot Builetin 97-001: Guidetines for DRI Revlew of wlreless communicationTowers (Revised SePtember 2010)F53. The CommissiOn retained a wlreless consultant, David Maxson of lsotrope wirbless, LLC(,,lsotrope,) to assist the Commission in the review of technical data, including the coverageanalysis provided by the carriers, T-Mobile and AT&T'Bk 34927 Pg32L #99e9BlueSkyTowersRe-submission,SouthYarmouth,MA-CommissionFileNo.210lzDevelopment of Regional lmpact Decision -January 2OZZ - PageT
Bk 34927 Pg322 #9989F54, lsotrope reviewed the data and found that a significant gap in coverage does exist for T-Mobileand AT&T, Dish has alsN eopressed interest in location Dh €hqtower as it seeks to build out its newwirelessnetwork. A N A NF55. rn consuttation ftitfl c$n{*Gri-6-nttJr, rsotrope ?dStifi"{nfite-lti8l Jfternate locations awav fromthe Route ,a ,"r;ii"r9rpl li.."Voppu.uni ptou,o"o rur$o'?t"E oX ff'otu locations. lt is likely that theiclentified locations wouldrr$her be available nor Rreflr%tifiltl tne nrooo]l1t't*F56. lsotrope's review OetertrArifthat the proposed gap cou$ Sp fillecl with multiple concealedanrenna monoplg (FAlli) glogg6hgnoute 28 cgrrids, qro6dingPFirXilar effectiveness in closingthe coverage gri ti tOe $nge.fnonopole ptopoi"O, lqgtrgpp ftgted that because CAMs may belimited to one or two carriers, more CAMs may be required in an area to provide the same level ofservice as a tower.F57. The Commission does not review CAMs of less than 80'in height. This inherent preference withinthe Commission regulations was weighed against the impacts of alternatives to the Project inrelation to regionally significant resources, However, the use of CAMs may be preferential inrelation to local t.arorr.ar when the proposal is reviewed at the Town level'F57.1 The project does not require any waivers under the Wireless Technical BulletinRe gi o na I Be n ef its/ D etr i m e ntsF58, Probable benefits of the Project identified include:. The project will address identified wireless coverage and capacity problems along thenoute 2'g corridor, provicling needed service to a variety of users including area residents,the traveling public, and visitors who rely on st.tch services for emergencycommunications, to operate their businesses, and to communicate with friends arrdfamily either at home or in their vehicles. wireless communications are used by many. homeowners who have eliminated land lines and use of multiple wireless platformscreateshighdatademandthatWillbeservedbytheProject.r The project provides opportunities for other national wireless carriers to site-share onthe profiosed WCT, potentially eliminating or limiting the future need for additiotralwireless towers in the area'F5g.ProbabledetrimentsoftheProjectidentifiedinclude:r The Project may have visual impacts along the Route 28 corridor, with more acuteimpacts to properties in immediate proximity to the Site'. Tlre project rnay not be consistent with local visioning and planning efforts currentlyunderwly to improve the visual character of the Route 28 corridor.CONCLUSIONBased on the Findings above and subject to the Conditions set out below, the Commission furtherdetermines, flnds, and concludes that the Project is consistent with the 2018 Cape cod Regional Policyplan, applicable provisions from the Yarmoutn lcp, anct applicable municipal development bylaws; theprobable benefit of the Project is Sreater than the probable detriment; there is not substantial evidencein the recorcl to warrant a denial under the standarcls of the Federal Telecommunications Act of 1996;Blue Sky Towers Re-submission, south Yarmouth, MA - Commission File No. 21012Developrnent of Regional lmpact Decision -January 2022 -PageB
Bk 34927 P9323 #9989and the Commission hereby grants DRI approval for tlre Blue Sky Towers South Yarmouth Re'submissionProjectdescribedherein. N o T N o TCONDITIONS AN ANOFTICIAL OFFICIALCl. This Decision ut',ult netOatpvhen the appeal period s€t @tin SPction 17 of the Cape CodCommission Act has "f uptuO without appeal'(or if such an appeal has been filed' when the appealhas been finally settle$ dFrUissed, adjudicated, or othHrWjsqdisposed of in favor of theApplicant). Theieafter, thisloecision shall be valid and iruefftci and local development permitsmay be issued €uEsrE nth(se@ hr B period of oewnyearsdrorn Ahcdate of this Decision' or forsuch extendeO peiiodaonpnbe permitted by the Cqnroispiou pursuant to the EnablingRegulations'c2. A copy of the Decision, when final and prior to commencement of the Project, shall be recordedwith the Barnstable Registry of Deeds'C3. This Decision shall be appurtenant to and run with the Property, The Decision shall bind and beenforceable against, and'inure to the benefit ol the Applicant, its heirs, successors. and assigns'C4. The Applicant shall obtain all required federal, state, and local permits, licenses' and approvalsfor the Project, including without limitation Site Plan approval, a Special Permit' and anynecessary waivers under the Yarmouth Zoning Bylaw. Consistency with Municipal DevelopmentBylaws shall be ratified and confirmed by the npplicant obtaining all said required local permits,ticenses, and approvals for the Project, Prior to commencement of the Project, the Applicant shallprovide the Commission with copies of all required local permits, licenses, and approvals for thebroject. Any changes ro the project resulting from the municipal review process may requiremodification of this Decision.c5. The project shall be constructed, operated, and maintained consistent with the foltowingdocuments (,,Approved Project Plans"). Plans, protocols, and other documents received orrequired to be submitted as Conditions of this Decision shall be treated as incorporated into theApproved project plans once received, reviewed, and approved for consistency with this Decisionby commission stafl and the Project shall thereafter be constructed, operated, and maintainedconsistent with the Approved Project Plans, as so supplemented:r plan set entitled "Site Name: South Yarmouth, Site Number: MA-s104 Address: 1044Route 2g, south yarmouth, MA A2664" consisting Of 11 sheets, prepared byJesse Moreno'ProterraDesignGroup,LLC,finalrevisiondatedl0/251202,|c6. The Applicant shail provide a copy of thls Decision and the Approved Project Plans to the Projecfsgeneral contractor prior to commencement of the Project. The Applicant shall maintain a copy ofthis Decision and the Approved Project Plans on the Project Site throughout Project construction'C7. prior to and as a Condition to issuance of a building permiVs for the Project from the Town ofyarmouth, the Applicant shall request and obtain from the Commission a Preliminary Certificateof Compliance; tire issuance of such Preliminary Certificate of Compliance evidences that theApplicant has satisfied all Conditions in this Decisiorr required to have been satisfied prlor to theissuance of a local building permit/s'cg. prior to and as a condition to issuance of a certificate/s of use and occupancy or building permitsign-off/s for the project from the Town of Yarmouth Building Department, the Applicant shallBlue sky Towers Re-submission, south Yarmouth, MA - commission File No' 21012Development of Regional lmpact Decision -January 2022 -Page 9
Bk 34927 Pg324 #9989request and obtain from the Commission a Final Certificate of Compliance; the issuance of suchFinal certificate of corNpfrdte evidences that the AppliLdt Eas satisfied all conditions in thisDecision requirecl to f'ub" Neen satisfied prior to the lssAarite of a local Certificateis of Use andoccupancy or oriElirft FeretitE 9Enloff/s, and ghaFcdhf&ncthbt fhdProject was constructed orlmplemenied in accdd&r& l^Yth this Decision' c o P YC9. The APPlicant herebYtimes and uPonimplementedCertificate ofC10. Prior to and as a conditionthe Applicant shall make asupport acquisition and conservation of open space'C1 1. All proposed backup generators shall be propane fueled'c12. Transformer fluids used onsite shall be biodegradable and non-toxic.in accordc8'$rifoSIGNATURE PAGE FOLLOWSBlue sky Towers Re-submission, south Yarmouth, MA - commission File No' 2101 2Development of Regional lmpact Decision - Jahuary 2O22 - Page 10
Bk 34927 P9325 #9989*oo*t 'IGNATURE PAGENOEFICIAL OFFICIALExecuted tHis ldb aav rF ffi^h?.zozz c o P YFor the Cape Cod ComrnissiorlpYg I N o TOTANANAOFFIPcoSignatured A;I"l*ul'Print Name and TitleCOMMONWEALTH OF MASSACHUSETTSBarnstable, ss2022Before me, the undersignecl notary public, personally appin his/her capacity u, }n,f,ypn -- and on behalf of the Cape Cod Commission' whosename is signed on the preceding or attached document, and such person acknowledged to me thathe/she signed such document voluntarily for its stated purpose. The identity of such person was provedto me through satisfactory evidence of iderrtification, which was [ ] photographic identification withsignature issued by a federal or state governmental agency, [ ] oath or affirmation of a credible witness'or [X] personal knowledge of the undersignedCIALNCIALPYSEPublicMy Commission ExPires:t/asldb---r---r--BAN!{STA[[E NEGFMY OT DETDEtohn F Meade, RegisterBlue 5ky Towers Re-submission, South Yarmouth, MA - Commission File No' 21012Development of Regional lmpact Decision -January 2022 - Page 11ust P. 0tlt0[ffiIntrHnuc0dr'lffilidhrsUyGomnhlknfugtlarsFr?8. r0{0