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Home My WebLink AboutChase Brook Park Cape Cod Commission DRI Exemption 02.11.25RECEIVED FEB 14 2025 YARMOU o H 3225 MAIN STREET • P.O. BOX 226 BOARIDar~APPEALS BARNSTABLE, MASSACHUSETTS 02630 (508) 362-3828 • Fax (508) 362-3136 • www.capecodcommission.org CERTIFIED MAIL - RETURN RECEIPT REQUESTED TRACKING NUMBER: 7022 0410 0000 9817 7787 February 11, 2025 Tighe & Bond 53 Southampton Road Westfield, MA 01085 ATTN: Briony Angus CAPE COS] COMMISSION RE: Chase Brook Park Restoration & Pedestrian Bridge Project, CCC File No: 24024 Dear Ms. Angus Enclosed please find a copy of the Development of Regional Impact (DRI) Exemption decision for the Chase Brook Park Restoration & Pedestrian Bridge Project Exemption that was approved, with conditions, by the Cape Cod Commission at its regular meeting on Thursday, January 31, 2025. After the 30-day appeal period has elapsed and no appeals have been filed (or if such an appeal is filed, after it has been dismissed or adjudicated in the applicants favor), the Cape Cod Commission will record the original decision with the Barnstable County Registry of Deeds. If you have any questions, please do not hesitate to call. Sinc ely, L.sa Dillon Commission Clerk CC w/enc: Certified Mail: Mary Maslowski, Town Clerk, Yarmouth Tracking Number: 7022 0410 0000 9817 7794 Mark Grylls, Building Commissioner, Yarmouth Tracking Number: 7021 2720 0002 1079 3108 Regular Mail: Kathy Williams, Town Planner Julie Mockabee, Chair, Historical Commission Jeff Colby, DPW Director Jay Gardiner, Health Director Steven DeYoung, Chair, ZBA Brittany DiRienzo, Conservation Administrator 5 - ' -r'�,{. ,{.,?` .d1#•�S �*"�`. 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BOX 226 BARNSTABLE, MASSACHUSETTS 02630 (508) 362-3828 • Fax (508) 362-3136 • www.capecodcommission.org C(i CAPE COD COMMISSION DEVELOPMENT OF REGIONAL IMPACT EXEMPTION DECISION DATE; January 30, 2025 PROJECT: Chase Brook Park, Yarmouth (File No. 24024) APPLICANT/ PROPERTY OWNER: Town of Yarmouth 1146 Route 28, South Yarmouth, MA 02664 PROPERTY/SITE: 261, 275, 281 Route 28, Yarmouth, MA 02637 (Parcel IDs: 37-61, 37-60, 38-1) TITLE REFERENCE; BCRD Book 12301, Page 348 BCRD Book 32664, Page 305 BCRD Book 22511, Page 319 SUMMARY The Cape Cod Commission ("Commission") hereby approves the application of the Town of Yarmouth ("the Applicant") for a Development of Regional Impact ("DR[") Exemption, with conditions, pursuant to Section 12k of the Cape Cod Commission Act ("Act"), c. 716 of the Acts of 1989, as amended, for the proposed restoration and connection of three adjacent parcels along Route 28 in West Yarmouth to create a public park. The Decision is rendered pursuant to a vote of the Commission at its meeting on January 30, 2025. FINDINGS The Cape Cod Commission hereby finds and determines as follows: F1. The Applicant is proposing installation of a new wooden pile -supported pedestrian bridge across Chase Brook, ADA-accessible walking paths, invasive species management, and restoration and management of new native plants across three parcels to create an expanded public park. The eastern and western parcels are existing public parks, Chase Brook and Mill Creek, respectively. The middle parcel is the site of the former Yankee Village Motel which has since been demolished. Existing driveways and parking lots at the Chase Brook Park, Yarmouth, MA - Commission File No, 24024 Development of Regional Impact Exemption Decision - January 2025 - Page 1 Chase Brook and Mill Creek parks will not be altered as part of the Project, and no new pavement or parking is proposed ("the Project'). F2. The Project underwent review pursuant to the Massachusetts Environmental Policy Act, M.G.L. c. 30, H 61-621 ("MEPA") because it requires Agency Action and meets/exceeds M EPA thresholds related to alteration of coastal dune, barrier beach or coastal bank, a new structure within a velocity zone or regulatory floodway, and alteration of 36 acre or more of wetlands. The Secretary of the Massachusetts Executive office of Energy and Environmental Affairs required the preparation of an Environmental Impact Report ("EIR") due to its location within a Designated Geographic Area around one or more Environmental justice ("Ej") populations. F3. The Project literally qualifies as a DRI because it meets or exceeds the DRI review threshold appearing in Section 2(d)(i) of the Enabling Regulations Governing Review of Developments of Regional Impact, ChapterA of the Code of Cape Cod Commission Regulations of General Application, as amended November 17, 2021 ("Enabling Regulations"). Said Section 2(d)(i) provides: 'Any proposed development for which an Environmental Impact Report {FIR} is required to be prepared under the provisions of MEPA shall be deemed a DRI. The Applicant shall file a DRI application for the proposed development to the Commission for review as a DRI" F4. Where a proposed development literally qualifies as a DRI, Section 12(k) of the Cape Cod Commission Act and Section 7 of the Enabling Regulations state: 'Any applicant may apply to the Commission for an exemption from Commission review... where the location, character and environmental effects of the development will prevent its having any significant impacts on the values and purposes protected by the Act outside of the municipality in which the development is to be located." F5. On November 29, 2024, The Secretary issued a final Certificate which determined that the EIR adequately and properly complied with MEPA and its implementing regulations. The Applicant submitted a DRI Exemption application for the Project to the Commission on December 23, 2024, which was determined to be complete on January 6, 2025. The Commission opened the DRI public hearing period on the Project by staff hearing officer on January 13, 2025. F6. The Cape Cod Commission held a hearing on the DRI Exemption application during its meeting on January 30, 2025. At that hearing, the Commission voted to approve the DRI Exemption, with conditions. F7. The location, character and environmental effects of the Project will prevent it having any significant Impacts on the values and purposes specified under the Act outside of the Town of Yarmouth. CONCLUSION Based on the above Findings, the Commission hereby further finds and determines that, though the Project literally qualifies as a DRI, it may nonetheless be exempted from Commission DRI Chase Brook Park, Yarmouth, MA - Commission File No. 24024 Development of Regional Impact Exemption Decision -January 2025 - Page 2 review because the Project will have no significant impacts on the values and purposes specified in Section 1 of the Cape Cod Commission Act outside of the municipality in which it is proposed due to the Project location, character, and environmental effects. As such, the Commission hereby approves the DRI Exemption requested by the Applicant for the Project described herein, subject to the Conditions below. CONDITIONS C1. This Decision shall be final when the appeal period set out in Section 17 of the Cape Cod Commission Act has elapsed without appeal (or if such an appeal has been filed, when the appeal has been finally settled, dismissed, adjudicated, or otherwise disposed of in favor of the Applicant). Thereafter, pursuant to Section 12(k) of the Act, the Applicant has three (3) years from the date of this written decision to exercise the right granted hereunder. C2. A copy of the Decision, when final, shall be recorded with the Barnstable County Registry of Deeds. C3. This Decision applies only to the public park construction, restoration, and management activities as described herein. If further development that meets or exceeds the mandatory DRI Review thresholds under Chapter of the Code of Cape Cod Commission Regulations of General Application is proposed on the Property, the development shall be referred to the Commission. SIGNATURE PAGE FOLLOWS Chase Brook Park, Yarmouth, MA - Commission File No, 24024 Development of Regional impact Exemption Decision - January 2025 - Page 3 SIGNATURE PAGE Executed this Aday of February 2025 For the Cape Cod Commission by: F'rVold Mitchell, Chair COMMONWEALTH OF MASSACHUSETTS Barnstable, ss February IL 2025 Before me, the undersigned notary public, personally appeared. in his capacity as Chair and on behalf of the Cape Cod Commission, whose name is signed on the preceding or attached document, and such person acknowledged to me that he/she signed such document voluntarily for its stated purpose. 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. WTUIMANDUWM CSM , A4 Notary Public My Commission Expires: Chase Brook Park, Yarmouth, MA - Commission File No. 24024 Development of Regional Impact Exemption Decision -January 2025 - Page 4