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Home My WebLink AboutCape Cod Commnission 4/21/26 RECEIVED' APR 27 2026 BUILDING DEPARTMENT By 3225 MAIN STREET • P.O. BOX 226 BARNSTABLE, MASSACHUSETTS 02630 CAPE COD (508)362-3828 • Fax(508)362-3136 • www.capecodcommission.org COMMISSION April 21,2026 Blue Sky Towers III,LLC do Elizabeth Thompson,Esq. 352 Park Street Suite 106 North Reading,MA 01864 RE:Blue Sky Towers South Yarmouth Resubmission,CCC File No.21012 Dear Attorney Thompson, Enclosed please find a fully executed copy of the Minor Modification(Type 1)to the Development of Regional Impact for the Blue Sky Towers South Yarmouth Resubmission project,1044 Route 28,South Yarmouth,MA 02664. At your convenience,please record the enclosed Minor Modification(Type 1)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. Sincerely, Gl:011A- Isa Dillon Commission Clerk Enclosure CC: Kathy Williams,Town Planner Mark Grylls,Building Commissioner Mary Maslowski,Town Clerk 3225 MAIN STREET t, P.O. BOX 226 BARNSTABLE, MASSACHUSETTS 02630 CAPE COD (508) 362-3828 • Fax (508) 362-3136 • www.capecodcommission.org COMMISSION DEVELOPMENT OF REGIONAL IMPACT MINOR MODIFICATION TYPE #1 Date: Aprilo2 L, 2026 Project: Blue Sky Towers South Yarmouth Resubmission (CCC Project No. 21012) Project Applicant: Blue Sky Towers III, LLC c/o Elizabeth Thompson, Esq., General Counsel 352 Park Street, Suite 106 North Reading, MA 01864 Property Owner: Roman Catholic Bishop of Fall River Project Location: 1044 Route 28, South Yarmouth, MA 02664 Map/Parcel: Map 50, Parcel 189.1 Title Reference: Book 669 Page 144; Book 13431 Page 139 CAPE COD COMMISSION DRI DECISION FILED WITH BCRD AS BOOK 34927 PAGE 315 SUMMARY Pursuant to Section 11 of the Cape Cod Commission's Chapter A: Enabling Regulations Governing Review of Developments of Regional Impact ("Enabling Regulations") (revised November 2021), the Development of Regional Impact (DRI) decision dated January 13, 2022 (the "DRI Decision"), for the above referenced Project is hereby modified by a Minor Modification Type #1 to allow revisions that are a result of more restrictive conditions imposed by a local board that will not result in different or increased impacts to the resources protected by the Cape Cod Commission Act or the Regional Policy Plan. DISCUSSION The Project was reviewed by the Town of Yarmouth Zoning Board of Appeals, which resulted in the following changes to the Project: • Reduction of tower height from 110 feet to 93 feet; Blue Sky Towers South Yarmouth Resubmission, MA- Commission File No. 21012 Minor Modification-April 2026- Page 1 of 3 • Retention of the existing tree buffer to the greatest extent possible; • Relocation of the tower approximately 22.4 feet to the west; and • Relocation of the compound within the lease area westward and southward in order to increase the tree buffer and maintain a 30-foot setback from the edge of the parking area, as requested by the Town. The westward relocation was pushed back as far as practicable while maintaining the existing drainage swale. MODIFICATION TO THE DRI DECISION This modification recognizes, approves, and incorporates into the DRI Decision the plans set out below. The modified Project shall be undertaken and maintained in accordance with the proposed site plans set out below, which plans are hereby incorporated by reference into the DRI Decision, to substitute for the site plan referenced and set out in said Decision. All findings and conditions in the DRI Decision continue to apply as written except as modified herein. This Modification does not result in a change to the scope of DRI review established in said Decision and thus does not require further DRI review for the Project, as modified. • South Yarmouth, Site Number: MA-5104, consisting of 17 sheets, prepared by Jesse M. Moreno, P.E., ProTerra Design Group, LLC, dated January 29, 2026. • Drainage Report, Proposed Wireless Telecommunications Facility, South Yarmouth (MA- 5104), prepared by Jesse M. Moreno, P.E., ProTerra Design Group, LLC, dated December 29, 2022, as revised March 4, 2026 SIGNATURE PAGE FOLLOWS Blue Sky Towers South Yarmouth Resubmission, MA-Commission File No. 21012 Minor Modification -April 2026- Page 2 of 3 SIGNATURE PAGE Executed thiscis day of April 2026. Kristy S atori, Executive Director COMMONWEALTH OF MASSACHUSETTS Barnstable, ss April , 2026 Before me, the undersigned notary public, personally appeared Kristy Senatori in her capacity as Executive Director of the Cape Cod Commission,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. Notary POTic: JEFFREY MARK RIBEIRO rk NOTARY PUBLIC My Commission expires: /a/A4,,7 i Commonwealth of Massachusetts �.•, `-' if My Commission Expires on October 20,2028 SEAL Blue Sky Towers South Yarmouth Resubmission, MA- Commission File No. 21012 Minor Modification -April 2026 - Page 3 of 3 Cape Cod Commission 3225 MAIN ST PO BOX 226 BARNSTABLE MA 02630-0226 Mark Grylls Building Commissioner Yarmouth Town Hall 1146 Route 28 South Yarmouth, MA '02664 • Printori nn 1 nn PPrvrlarl Parlor : : : : : • !::: !::! : : . :