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Home My WebLink Aboutcape cod commission 20123225 MAIN STREET . P.O. BOX 226 BARNSTABLE, MASSACHUSETTS 02630 CAPE COD COMMISSION(508) 362-3828 . Fax (508) 362-3136 . www.capecodcommission.org Town ofYarmouth Town Clerk, Building Inspector, Torvn Planner, Planning Board, Conservation Commission, Board of Health, Board ofAppeals, DRI Liaison, Chief of Police, and Fire Chief FROM: Gail Hanley, Clerk of the Commission SUBJECTI Gladstone, LLC-3I Aaron's Way Minor Modification (T1pe 1) to the DRI Hardship Exemption Decision HDEX-TRI1oo2 DATE: May 23, zotz Enclosed please find a copy of the Minor Modification (Type t) to the Deveiopment of Regional Impact Hardship Exemption Decision for the Gladstone, LLC-3r Aaron's Way project that rvas approved by the Cape Cod Commission on May zr, zorz. Should you have any questions, please do not hesitate to contact our office. TO: 3225 MAIN STREET . P.O. BOX 226 BARNSTABLE, MASSACHUSETTS 02630 (508) 362-3828 . Fax (508) 362-3136 . www,capecodcommission.org Date: May zt, zotz To: Stuart Bornstein Gladstone, LLC 297 North Street Hyannis, MA oz6or From: Cape Cod Commission Re: Development of Regional Impact Hardship Exemption Cape Cod Commission Act, Sections tz, 13, 8(a), and 23 Cape Cod Commission Enabling Regulations, Sections 3, 5, 7 & 9 Applicant: Gladstone,LLC Property Owner: Gladstone, LLC Project: 3l Aaron's Way/Gladstone LLC Project Location: 31 Aaron's Way, West Yarmouth Project *: TR/HDEX/LR nooz Map and Parcel: n/9.2,9 Barnstable Registry of Deeds: Lot 2oA Book r895z Page 298 Plan Book593 Page 8 Barnstable Land Court: Lot zo Certificate of Titie # 153578 Land Coult Plan # 372o7-D Background In a decision dated July 7, 2011, the Cape Cod Commission (Commission) approved, with conditions, the application of Gladstone LLC (Applicant) as represented by Stuart Bornstein, as a Deveiopment of Regional Impact (DRI) Hardship Exemption (HDEX) a proposed r7,r5o squale foot warehouse to be located at 31 Aaron's Way, West Yarmouth, MA. To date, this decision has not been modified. CAPE COD COMMISSION DECISION OF THE CAPE CQD-qOMN ISSIQN Modffication Request In a cover Memo and attachments received on 5/r,rr:, Daniel Ojala of Do,.ninCape Engineering, fnc., requests a modification to the decision based on the findings ofthe local site plan review and Conservation Commission comments. Commission staff analysis of the information provided by Mr. Ojala on 5/z/tz indicates the Iandscape plans submitted to the Town for leview are the same as those referenced in the DRI decision, with the exception of an updated revision date of February 29, 2or2. Commission staff therefore determined that a modification to the decision as outlined in conditions WETCT, WETCz and WETC3 was not necessary. Comrnission Jurisdiction and Modification Tlles Section r3(c) of the Commission's Enabling Regulattons, as amended May 2011, sets out the types of DRI modifications. A Minor Modification Type #l is defined as "reuistons that are the result of more restricttue conditions imposed by a local board or technical corrections or changes that the Executiue Director or his/her designee determine are de minimus changes to the project." The Enabling Regulchons also state that Minor Modifications Tlp e #l "shallbe approued by that the Executiue Director or his/her designee and reported to the Regulatory Committee and do not requirefurther reuieu by the Commission." D etermination on Modification Requests A.fter consideration of a request by the Appiicant's representatives to modi& the 2011 DRI decision, the Commission's Executive Director has determined the requested changes are only updates to plan references and constitute de minimus changes, and are approved as Minor Modifications Type #r. The following changes are thereby made to the 2011 decision, as amended, as shown' Bold indicates new text and text to be deleted is shown by strike-out. FINDINGS GFrz. The Commission finds that based on the revised loyout & Landscape Plan of Land dated 6/25/ro as revised at the June 9, zorr public hearing and as received from Dan Ojala on g/z/tz as reised, z/zgf rz and based on the revised londscop e & Layout Plan of Land received by Emaile*6/*/+t hand from Dan Ojala, DownCape Engineering, on 512/\2 (latest revision 6/r/+r z/2g/lr2) that the proposed project complies to the maximum extent feasible with MPS OSr.3 and that any relief granted from MPS OSI'3 relates directly to the nature of the identified hardship and is the minimum reliefnecessary to address the hartlship. GI,'r4. Tl're Commission also finds that based on the revised layout and Landscape Plan of Land dated 6/ zs/ro as revised at the June 9, zou public hearing and as received foom Dan Ojala on g/z/rz as revised z/29/rz and based on the revised Landscape & Layout Plan of Iand received by gfra+c,ft,a/fi#+ hand from Dan Ojala, DownCape Engineering, on g/zlrz Qatest reision 6/yft+ z/zg llrz) thatthe proposed project complies to the maximum extent feasible with MPS WET r.z and MPS WET r.4, and that the extent of disturbance/intrusion into the wetland buffer has been reduced. The Commission also finds that the Applicant is committed to seeking a further reduction in site development through mechanisms in Yarmouth's Zoning Bylaw, Section 3oo, but that the further reduction of development in &e wetland buffer per Yarmouth's Zoning Bylar,v is not possible at this time due to the local review being suspended until Cape Cod Commission review is completed. The 3l Aaron's Way/Gladstone LLC DRI/HDEX Modification for Updated Plan References May 16,2012 Page z of 4 Commission also finds that the relief granted from MPS \AIETr.z and MPS \4IET r.4 relates directly to the nature of the identified hardship and is the minimum relief necessary to address the hardship. WETF3. Project-related development, including parking or driveway areas, and stormwater management structures, are located within roo feet of the offsite wetland, in conflict with the requirements of MPS WETr.z and WETI.4. Based on a revis ed Layout & Landscape PIan of Iand submitted at the 6/9/rr continued hearing and based on t-he revised landscape & Layout Plan oJ Land rcceived by Emailoa6/r/+ hand from Dan Ojala, DownCape Engineering, on S/2/az (latest revision 6/*7fu1 z/zglrz), the extent of the intrusion into the buffer is approximately r4 feet at the greatest width. This intrusion reflects the reconfiguration of the site in anticipation of the Torvn granting relief from the palking/impervious coverage requirements at the local level. WETF5. The Commission also finds that based on the revised Layout and Landscape Plan of Lond daled 6/zg/ro as revised at the 6/g/rr public hearing and as received from Dan Ojala on5/z/rz as revised z/29/rz and based on the revised I andscope & Laaout PIan of Land received by Email-on-6/+/+* hand from Dan Ojala, DownCape Engineering, orr5/2/12 (latest revision 6pl+r 2/zg /12) that the proposed project complies to the maximum extent t'easible with MPS WET r.e and MPS WET r.4, and that the extent of disturbance/intrusion into the wetland buffer has been reduced. The Commission also finds that the Applicant is committed to seeking a further reduction in site development through mechanisms in Yarmouth's Zoning Bylaw, Section 3oo, but that the further reduction of development in the wetland buffer per Yarmouth's Zoning Bylaw is not possible at tiis time due to the 1ocal review being suspended by Cape Cod Commission review. The Commission also finds that the relief granted on MPS \ArETr.z and MPS \AIET r.4 relates directly to the nature of the identified hardship. Because of the potential to further reduce development on the site and the intrusion into the wetland buffer through the local review, the Commission finds is the relief granted is the minimum relief necessary to address the hardship. WETF6. Because of the potentiai to further reduce development on the site through tlle 1ocal review, the Commission finds it appropriate to require the Applicant to provide the Commission with written confirmation that an application under Section 3oo of Yarmouth's Zoning Bylaw was made, and a written confirmation of Town's determination subject to that application with respect to further reductions in development on tie site, including but not limited to areas to be distulbed, the building envelope, and paved/parking areas. The Commission also finds that it is appropriate to requile the Applicant to seek a modification of this decision based on the Torvn's detern.rination on the application to seel< reductions in development on the site, including but not Iimited to areas to be disturbed, the building envelope, and paved/parking areas. Commission staffhas determined that based on the revise d, Landscape & Layout Plan of Land.received by hand frorn Dan Ojala, DownCape Engineering, on S/2/tz(latest revision z/zg/rz) that the .Landscap e & Lagout Plan of Land as reviewed by the Town is identical to the one reviewed during the Commission hearing process with the exception ofa later revision date ofFebruary 29, zotz. 3r Aaron's Way/Gladstone LLC DRI/HDEX Modification for Updated Plan References May t6,2ot2 Page 3 of4 CONDITIONS GC6. A11 development and redevelopment sha1l be constructed in a manner consistent with the following plans and other information attached hereto to the original July 7, zorz Commission decision as Exhibit A: The Commission's March r7, zotr Limited DRI Scoping decision for the project and site The December 27, 2o1o Email from Grant Elgin stating that the project will use an Energy Star compliant white roof Building Eleuation Plans, prepared by Dan Ojala of DownCape Engineering dated 6/17/tr and reised 6 /zo lrt, received by the Commission on June zz, zorl by Email, which show a t5 KW rooftop PV array and a minimum of 75 square feet of south facing, Iow-E windows and doors with awnings GC7. All development and redevelopment shall be constructed in a manner consistent with the following plans and other information attached hereto as Exhihit A: The revised I ogout & Land.scope Ploln ofland dated 6/25/ro as revised at the Jnne 9, zorl public hearing and as received fi:om Dan Ojala on 5 /z/rzas revisedz/zg/rz and based on the revised I andscope & Lagout PIo'n of Land received by hand from Dan Ojala, DownCape Engineering, on 5/z/rz (latest revisiorr z/zg/tz), and with the incorporation of Comrnission approved grass seeding. Paul Nie wlec Barnstable, ss s 2r e Director Date COMMONWEAI]TH OF MASSACHUSET'TS Elzr , 2012 the Cape Cod Commission, rvhose name is signed on the preceding document, and such_person acknowledged to me that he signed such document voluntarily for its stated purpose. The identity of iuch person was proved to me through satisfactory evidence of identification, which was ll photogriphic identification with signature issued by a federal or state governmental agency, [-] oath or affirmation ofa credible witness, or [vl personal knowledge ofthe undersigned. Before me, the undersigned notary public personaily appeared d Nicdzruicrkr in his capacity as Executive Director of N Publ 3r Aaron's Way/Glatlstone LLC DRI/HDEX odification for Updated Plan References May t6, zorz Page 4 of 4 XRISTY TAFT SENATORI Notary Public Commonwealth ot Massachusettg My Commission ExPires on June 30.2017 My Commission Expires: + o iii$E$,8aBiE E;_!r 'o-$:i!Er :ss !:" iq_t--.+ I J t i h 'likt Er: !il't! t" i:is EE:5 ESE] iiilr {:{ iii ti !Eqfrl iiieiE :EgE9 ::;ua[ E::; a: e!{ i !: "dEE=4. E N:E .ft: ifiE , r! IE e;!i EiE! TEqiB.:ri l6l! T. 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