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Home My WebLink AboutCape Cod Commission 5522 3225 MAIN STREET • P.O. BOX 226 BARNSTABLE, MASSACHUSETTS 02630 CAPE COD (508) 362-3828 • Fax (508) 362-3136 • www.capecodcommission.org COMMISSION CERTIFIED MAIL- RETURN RECEIPT REQUESTED Tracking Number: 7021 0950 0000 2243 4256 May 5, 2022 Two Twenty Five White's Path Units Two and Three, LLC c/o Attorney Eliza Cox r-R _ C E I V E D Nutter McClennen & Fish LLP P.O. Box 1630 MAY 09 2022 Hyannis, MA 02601 1 BUILDING DEP RA TMENT RE: Coliseum Warehouse Expansion (CCC File No. 92009) sY Dear Atty Cox: Enclosed please find an executed copy of the Minor Modification (Type 2)to the Development of Regional Impact for the Coliseum Warehouse Expansion at 225 White's Path, Yarmouth MA 02664. At your convenience, please record the enclosed Minor Modification (Type 2) decision at the Barnstable County Registry of Deeds and once recorded, please send the Commission a copy of the cover page showing the official date stamp and instrument number from the Barnstable County Registry of Deeds. Thank you for your attention to this matter and should you have any questions, please do not hesitate to call. Sincerer, � D Li Dillon Commission Clerk Enclosure CC: Kathy Williams, Town Planner Mark Grylls, Building Commissioner Mary Maslowski, Town Clerk `f` tr 3225 MAIN STREET • P.O. BOX 226 BARNSTABLE, MASSACHUSETTS 02630 r CAPE COD (508) 362-3828 • Fax (508) 362-3136 • www.capecodcommission.org COMMISSION MINOR MODIFICATION TYPE#2 DECISION DATE: April 7, 2022 PROJECT: Coliseum Warehouse Expansion (CCC File No. 92009) 225 White's Path,Yarmouth, MA APPLICANT/OWNER: Two Twenty Five White's Path Units Two and Three, LLC do Atty.Eliza Cox, Nutter McClennen & Fish LLP PO Box 1630, Hyannis, MA 02601 ASSESSOR REFERENCE: Map 99 Parcel 33C TITLE REFERENCE: Land Court Certificate of Title No. 134967 Lot 242, LCP 31209-M C326-2; C326-3 ORIGINAL DRI DECISION: Land Court Doc. 806,893 Recorded in BCRD Book 8122 Page 136 The Committee on Planning and Regulation finds as follows: FINDINGS 1. The Coliseum Condominium located at 225 White's Path in South Yarmouth has the benefit of a June 11, 1992 Development of Regional Impact Decision, as amended by an August 20, 2001 Modification, (CCC File No. 92009) (hereafter, the "DRI Decision") that allowed for a phased 151,884-sf +/- expansion to the then-existing 118,580-sf +/- building. 2. On April 14, 1993, the Commission issued a Certificate of Compliance confirming that the first phase of the expansion, totaling approximately 36,000 sf, was constructed in conformance with the Decision. Coliseum Warehouse Expansion - CCC File No. 92009 Minor Modification Type #2 Decision April 2022 Page 1 3. Since 1993, there have been no other material additions to the building. Thus, at this time, only 36,000 sf+/- of the 151,884-sf +/- expansion authorized under the 1992 DRI Decision has been constructed. 4. The Owner is the original DRI permittee's successor in interest and has submitted the current application requesting modification to the DRI Decision to authorize changes to the Project. The Owner is now leasing Units 2 and 3 to a new warehouse/distribution tenant which is seeking to construct certain site improvements in connection with its occupancy. The Owner seeks to amend the DRI Decision to reflect the proposed site improvements. 5. The proposed site improvements include adding approximately 35,000 sf of new paved parking area, intended for vans and trailers, and constructing a replacement stormwater infiltration basin. The stormwater infiltration basin will be designed such that the basin and the Property will have the capacity to withstand a 24-hour, 100-year storm. 6. The proposed site work is proposed to be constructed and undertaken pursuant to the following plan set submitted by the Applicant: Civil Site Plan Set entitled "Site Development Plans 225 White's Path, Yarmouth, MA" consisting of 11 sheets, prepared by CHA Consulting dated 02/18/22, and last revised on 03/08/22 7. The proposal includes minor changes to the building facade and alterations to enable additional access to the building, including two ramps. The proposed alterations to the building do not include any changes to the footprint of the building or to the overall square footage of the building. 8. The proposed modifications to the site or building are unlikely to increase the visibility of the facility from public ways. Clearing has been minimized to the greatest extent possible and is clustered to the northerly property line abutting the Mid-Cape Athletic Club complex, thereby maintaining a natural buffer to the south. As proposed, this buffer will be supplemented with additional plantings to further screen the development from the abutting Cape Cod Rail Trail and residences to the south. 9. With the proposed modification, the warehouse/distribution use remains consistent with the trip generation authorized in the DRI Decision. The proposed trip generation analysis prepared by VHB showed that the re-occupied site is expected to generate a total of 234 daily vehicle trips with approximately 22 vehicle trips during the weekday morning peak hour and 27 vehicle trips during the weekday afternoon peak hour. The DRI Decision for a 270,385 square-foot expanded warehouse facility allowed for a total of 694 vehicle trips per day with approximately 43 vehicle trips during the weekday morning peak hour and 98 vehicle trips during the weekday afternoon peak hour. 10. The current proposal involves a substantially similar proposal to the original Project approved in the DRI Decision but involves minor changes which are consistent with and do not affect the intent or outcome of the DRI Decision. Coliseum Warehouse Expansion - CCC File No. 92009 Minor Modification Type #2 Decision April 2022 Page 2 • the principal use is the same as originally approved; • the proposed changes do not meet or exceed a mandatory threshold for new DRI review; • the Project changes are consistent with the applicable RPP and impacts to protected resources are minimized or mitigated in the design of the proposed changes, subject to the Conditions of this modification decision; • such impacts are not different in kind than those addressed in the DRI Decision; and • the proposed changes are not contrary to the findings and conditions contained in the DRI Decision, or to the Certificate of Compliance issued for the Project. 11. Pursuant to Section 11 of the Cape Cod Commission's (Commission) Enabling Regulations Governing Review of Developments of Regional Impact (Enabling Regulations), the modification request was reviewed in accordance with the Regional Policy Plan (RPP) in effect at the time of the original DRI Decision, which was the 1991 RPP. 12. The Committee on Planning and Regulation held a public meeting on the proposed DRI modification on April 7, 2022. 13. The proposed changes to the site plan do not result in different or increased impacts to the resources protected by the Regional Policy Plan and the Cape Cod Commission Act and the proposal involves a substantially similar proposal to the original project with a minor change to the site plan. CONCLUSION Based on the above Findings and determinations, the Commission's Committee on Planning and Regulation hereby approves the requested modification to the Coliseum Warehouse Expansion DRI Decision as described herein as a Minor Modification Type #2, subject to the following Conditions: CONDITIONS 1. All findings and conditions in the DRI Decision continue to apply as written except as expressly modified herein. To the extent there is conflict or ambiguity between this modification decision and the DRI Decision, this modification shall control. 2. The Decision, as modified, shall be appurtenant to and run with the Property which is the subject Project Site, and shall bind and be enforceable against, and inure to the benefit of, the Applicant, its heirs, successors, and assigns. 3. This decision shall be effective upon being filed by the Commission at the Barnstable Land Court. The Applicant shall obtain necessary local permits, licenses, and approvals for the proposed Project changes pursuant to and in accordance with this decision. The Applicant shall provide the Commission copies of such licenses, permits, and approvals as obtained. Coliseum Warehouse Expansion - CCC File No. 92009 Minor Modification Type #2 Decision April 2022 Page 3 4. Project modifications, as described and approved herein, shall be undertaken, constructed, used, and maintained in accordance with the Findings and Conditions set out herein, including the plan sets and other information and documents reviewed, approved and referenced herein under Finding 6, which plans, documents and other information shall either substitute or supplement, as the context allows, for plans, documents and other information previously reviewed and approved in the DRI Decision. 5. Prior to commencing exterior site work or construction, the Applicant shall provide to Commission staff for review and approval an updated landscape plan and a draft landscape maintenance agreement for the approved site landscaping covering a minimum three growing seasons after landscape installation. The provisions in the landscape maintenance agreement shall be consistent with the Commission's Sustainable Landscape Design Guidance. a. Prior to and as a condition to issuance of the Certificate of Compliance by the Commission, the Applicant shall provide a signed copy of the landscape maintenance agreement, as reviewed and approved by Commission staff. Thereafter, the Project, as modified herein, shall be subject to said agreement. 6. Any tenant of Units 2 and 3 continue to be subject to the applicable Transportation conditions contained in the DRI Decision, with the exception that Condition 8 is no longer applicable. 7. Prior to and as a condition to issuance of the Certificate of Compliance, the Applicant shall provide bicycle racks and locker facilities on the Property 8. Prior to and as a condition to issuance of the Certificate of Compliance, the Applicant shall implement its Transportation Demand Management (TDM) Program for the Project, including designation of a TDM Coordinator to promote, enhance and monitor carpooling and other alternate modes of transportation and development of promotional materials and employee incentives. 9. The Applicant shall conduct post-occupancy traffic counts at the site driveway and along Whites Path.The traffic counts will be conducted during average month and peak summer season conditions, after the site has been reoccupied and operational for at least 6 months. The traffic counts will include 24-hour automatic traffic recorder counts on the site driveway and Whites Path on a weekday and Saturday. The count data shall be summarized into a memorandum and submitted to the Commission for informational purposes. 10. Prior to and as a condition to issuance of a Certificate of Use/Occupancy for the Project by the Town, the Applicant shall obtain a Certificate of Compliance from the Commission that evidences that all conditions in this decision required to have been satisfied prior to issuance of a Certificate of Compliance have been satisfied and that the Project is in compliance with this decision. SIGNATURE PAGE FOLLOWS Coliseum Warehouse Expansion.- CCC File No. 92009 Minor Modification Type #2 Decision April 2022 Page 4 SIGNATURE PAGE Executed thi � i7t1 day of May 2022. For the Cape Cod Commission by: Elizabeth Ta lor, Chair, Committ on P ning and Regulation COMMONWEALTH OF MASSACHUSETTS Barnstable, ss May ,2022 Before me, the undersigned notary public, personally appeared Elizabeth Taylor, in her capacity as Chair of the Cape Cod Commission Committee on Planning and Regulation, whose name is signed on the preceding document, and such person acknowledged to me that she signed such document voluntarily for its stated purpose on behalf of the Cape Cod Commission. The identity of such person was proved to me through satisfactory evidence of identification, which was [ ] photographic identification with signature issued by a federal or state governmental agency, [ ] oath or affirmation of a credible witness, or [x] personal knowledge of the undersigned. Public: My Commission expires: �M _ USA P.DILLON ROTARComm l iof m BUlwl i 11C ' My Commisolon pppl�res August 28,2028 od Commission AIN ST i .. =° ° US POSTAGE e_ :3r:MIE: TABLE MA 02630-0226 °. .4. 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