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0180 AIRPORT WAY (3)
�/ ! gg P� �� - -- - �' i � ,, 'li I�1 _ _ �- . - - - • ----- -__ - --__ v f, r Development of Regional Impact(DRI) Referral Form Please attach a copy of the original development permit application or site plan review, subdivision, or other application showing the date on which it was received by the Municipal Agency. Receipt of this information via the U.S. Mail or.delivered in person to the Cape Cod Commission constitutes a referral for purposes of Chapter 716 of the Acts of 1989, as amended. Referred by: Town and Agency: Barnstable, from Building Commissioner through Interim Town Manager Official: Building Commissioner through the Interim Town Manager X Mandatory referral >40,000 s.f. of structure; existing DRI TR-97008/EX-97008 Discretionary Referral Limited Discretionary referral (please see back of this form) Project Name Airport Way Nominee Trust -- %�Fo Project Proponent Name Mr. Dana Soderberg, Shepley Wood Products Address 216 Thornton Drive, Hyannis, MA 02601 Tel: 774-836-3449 Brief description of the project including,where applicable, gross floor area, lots, units, acres, and .specific uses: Installation of a 1.4 megawatt(MW) ground mounted grid-connected solar photovoltaic (PV) system. Installation will serve as a net metering facility with the electrical production serving the usage of its owner's various facilities on Cape Cod. PV system as this site is also to be installed on the roof of the former Cape & Islands Steel facility. Project location: 180 Airport Way, Hyannis 02601., Map 312 Parcel 008 H00. The 12. 47 acre parcel is located in the Ltd. Industrial Zoning District, Wellhead Protection Overlay District and within the Ground Mounted Solar Photovolatic Overlay District. List of municipal agency (ies)before which a municipal development permit is pending: Building Commissioner, Site Plan Review, Building Division Thomas K. Lynch oxri Perry r Interim Town Manager Building Commissioner Forward to: Date: October 4; 2011 Cape Cod Commission 3225 Main Street Barnstable,MA 02630 • Town of Barnstable of,T"E 200 Main Street,Hyannis,Massachusetts 02601 ASTABLE. i Regulatory Services Thomas F. Geiler,,Director E ,,••� Building Division Tom Perry, Building Commissioner Phone(508)862-4679 Fax(508)862-4725 www.town.barnstable.ma.us September 27, 2011 Airport Way Nominee Trust c/o Bill Gallagher,Project Manager My Generation Energy 3 Diamonds Path, Unit 2 South Dennis, MA 02660 RE: SPR# 021-11 Airport Way Nominee Trust, 81 Airport Way,Hyannis �1 Map 312, Parcel 008 H00 Proposal: Installation of a 1.4 megawatt(MW) ground mounted grid-connected solar photovoltaic (PV) system. Installation will serve as a net metering facility with the electrical production serving the usage of its owner's various facilities on Cape Cod. PV system at this site is also to be installed on the roof of the former Cape & Islands Steel facility. Dear Mr. Gallagher: Please be advised that subsequent to formal site plan review held September 8, 2011, the revised plans and supplemental information for the above proposal have been administratively approved subject to the following: • Approval is based on Site Plan Review application package received September 2, 2011 containing information addressing Ground Mounted Solar Photovolatic Overlay District requirements as well as a favorable MESA determination dated August 31, 2011 and Massachusetts Historical Commission approval dated August 15, 2011. Additionally, revised plans entitled, "My Generation Energy, 180 Airport Way, Hyannis, MA", 5 Sheets, prepared for My Generation Energy, South Dennis, MA by Coastal Engineering Company, Inc. and dated August 30, 2011; MassDOT Aeronautic Division Determination dated September 14, 2011 that permit is not required; revised Operation and Maintenance Plan including drainage catch basin maintenance plan,received 9/27/11. • A directory for locating the disconnect must be mounted on the front of the transformer. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner/operator shall identify the responsible person for public inquiries throughout the life of the installation. • PV installation shall be maintained in good condition at the expense of the owner/operator including but not limited to: painting, structural repairs, integrity of security measures. Site access shall be maintained to a level acceptable to site plan review. • The owner/operator shall physically remove the installation no more than 150 days after the date of discontinued operations,notifying the Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal. Physical removal includes: structure, equipment, security barriers and transmission lines from the site; disposal of all solid and hazardous waste in accordance with local, state, and'federal waste disposal regulations; revegetation of the site as necessary to minimize erosion and at the Building Commissioner's discretion, some landscaping or below-grade foundations may be allowed to remain in place to provide stabilization. • Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the PV installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner/operator fails to remove the installation within 150 days of abandonment or on the proposed date of decommissioning, the Town may enter the property and physically remove the installation. • An executed interconnect agreement with NSTAR, the utility company operating the electrical grid, must be submitted to the Building Commissioner prior to the issuance of a building permit for the PV installation. • Submission of an erosion control plan depicting the provision of a temporary basin for diversion of stormwater to allow the vegetation in the permanent basin become .established will need to be provided and approved by Steve Seymour, Senior Engineer, GMD prior to the issuance of a building permit. • Proof of liability insurance in a form accepted by the Town Attorney will need to be . provided prior to the issuance of a building permit. • Proof of financial surety to cover the cost of decommissioning in an amount and form accepted by the Town Attorney will need to be provided prior to the issuance of a building permit. • Upon completion of all work, a registered engineer or land surveyor shall submit a letter of certification, made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan (Zoning Section 240-104 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. Sincerely, Ellen Swiniarski Site Plan/Regulatory Review Coordinator CC: m Perry, Building Commissioner Site Plan Review File Rick Elrick—Energy Coordinator Ruth Weil—Town Attorney Steve Seymour—GMD Engineer - I { 44 T0V"IN G� Br y i a utt'er Eliza Cox Direct Line: 508-790-5431 Fax: 508-771-8079 E-mail: ecox@anutter.com MEMORANDUM June 9, 2010 22119-8 TO: Tom Perry CC: Airport Way Nominee Trust FROM: Eliza Cox '6V)6 -- RE: 180 Airport Way, Hyannis Thank you very much for meeting with me last week to discuss my client's proposal to use a portion of the above referenced 12.47 acre, industrially zoned property for boat storage. Since our meeting I have had an opportunity to research and review the zoning concerns that you raised and ask that you please reconsider this proposal in light of the following: Industrial Limited Zoning District The subject property is wholly located within the Industrial Limited (IND Ltd) zoning district as designated by the Barnstable Zoning Map. The IND Ltd allows, as a matter of right, "Warehousing." There is no definition of the term "Warehousing" within the Zoning Ordinance. In,such.cases, the courts have held that the meanings of words are determined according,to the common and approved usages of the language';and; in these circumstances, that it is appropriate to use a dictionary definition of the undefined term . The common usage and definition of "warehouse" is a place where goods and other items are stored'. Accordingly, the owner's proposed use of the property as a place to store boats falls squarely within the definition of "warehousing." ' See Lussier v. Zoning Board of Appeals of Peabody, 447 Mass. 531, 534 (2006). z See Davis v. Zoning Board of Chatham, 52 Mass.App.Ct. 349, 365 (2001). 3 See http://www.collinslanguage.coih/results.aspx (visited June 9, 2010) and Black's Law Dictionary 1721 (9`' ed. 2009). NUTTER McCLENNEN & FISH LLP • ATTORNEYS AT LAW 1471 Iyannough Road• P.O. Box 1630 • Hyannis, Massachusetts 02601-1630. 508-790-5400• Fax: 508-771-8079 www.nutter.com r Tom Perry June 9, 2010 Page 2 In our meeting, you indicated that because boat storage is listed as an allowed use in other districts, it is not allowed in the IND Ltd district. However, a closer inspection of the permissible uses in other districts confirms that those districts are actually authorizing more than just storage. By way of example, in the SD-1 district, section 240-28(A)(8) allows "Boat sales and storage." Similarly, by the waterfront in the MB-Al, MB-A2 and MB-B districts, section 240-23(A)(1) and (6) authorizes "Commercial Marinas" and boat rack storage, subject to certain conditions. Thus, these districts allow more than just storage which is why these uses are listed separately from the general, inclusive "Warehousing" category. Indeed, in these other districts noted above, boats are being washed, painted, sold, maintained, and repaired. Thus, these activities encompass significantly more than "warehousing." We agree that these other activities would be prohibited in the IND Ltd district. Accordingly, where these additional activities are allowed, it is necessary and appropriate to list them as specific uses, separate from the warehousing category. However, my client's proposal is simply cold storage (i.e., warehousing) of boats - no repairs, no sales, no maintenance, no washing, and no painting is proposed. And, as there are no districts in the Zoning Ordinance that explicitly allow only "boat storage," there is no evidence that such use is intended to be prohibited under the general "warehousing" use category. Furthermore, unlike in the Hyannis Village Zoning ("HVZ") Districts (§240-24.1) where it states "Uses not expressly allowed are prohibited" there is no such language in the IND Ltd district. Thus, the allowed uses listed in the IND Ltd. are intended to be viewed permissively, not prohibitively as they are, for example, in the HVZ districts. This is further confirmed by the fact that the IND Ltd explicitly lists the specific uses which are prohibited (see §240-32(A)(2)). And, boat storage, as a type of warehousing, is not listed as a specifically prohibited use. As we discussed, passive storage (only) of boats is a low-intensity use that is appropriate for this particular industrial property next to the Airport, and which is not visible )from most travelled roadways. With the above analysis, we ask that you reconsider this proposal and determine that passive storage (only) of boats is permissible warehousing within the IND Ltd. zoning district. GP and WP Overlay District Since our meeting I have also re-reviewed the groundwater protection (GP) and wellhead protection (WP) regulations relative to this proposal. Section 240-35(F)(2)(m) prohibits "Boat, motor vehicle and aircraft cleaning, service and repair." It does not prohibit. the storage of such vessels. And, fuel within a boat's tank is not a "hazardous waste" pursuant to §240-35(F)(2)(p) because it is not considered a "waste" as that term is defined in 310 CMR 30.010. Therefore, those sections of the WP/GP regulations are inapplicable to this proposal. x f Tom Perry June 9, 2010 Page 3 Section 240-35(G)(2)(c) and (d) are the most relevant and analogous provisions as they pertain to the parking of vehicles. These sections prohibit the "parking and/or storage of transport vehicles for fuel" and "for toxic and/or hazardous substances." However, a stored boat is not a "transport vehicle." In fact, the closest analogous situation to this proposal exists on the property directly south of the subject property. As you know the Barnstable Municipal Airport is immediately adjacent to the subject property. While the Airport is regulated as to the amount of fuel that can be stored in fuel storage tanks and fueling trucks, it is not regulated -as to the amount of fuel that is kept in each individual airplane tank. By way of example, in the Cape Cod Commission's approval of the Airport Terminal Expansion (#06011, dated January 25, 2007), the Airport is limited to a maximum of 154,253 gallons of hazardous G w 1q materials'. However, any fuel within each individual airplane's fuel tank or within the tanks of the cars parked on the Airport property are not included in that limitation. Furthermore, the "fuel contained in the mobile fueling trucks that are used to transfer fuel from the fuel storage r--R— facilities into the aircraft" are not included in the maximum number of gallons allowed6. L Thus, after further investigation and review, it does not appear that the GP and/or the WP provisions of the Zoning Ordinance prohibit or regulate any fuel that might be located within a boat's tank. Section 240-35(F)(2)(m) is instructive in this case because it clearly prohibits maintenance, service and repair of boats as those activities could involve flushing, treating, storing (as a principal activity), handling, fueling, and generating hazardous materials and wastes, but, importantly, this section does not prohibit the passive storage of boats. It is a canon of statutory interpretation that words should not be construed to be included if they are not clearly expressed in the language of the Ordinance'. Thus, the word "storage" should not be impliedly included within the provisions of§240-35(F)(2)(m) which expressly pertains to and regulates boat activities within the WP and GP overlay districts. Rather, consistent with the historic and current practice at the Airport, wherein the gallonage of fuel that happens to be within an individual airplane's fuel tank is not regulated, any fuel within an individual boat's tank also should not be regulated under §240-35. Conclusion With the foregoing additional information, I would request the opportunity to meet with you again to discuss the proposal and the application of the Zoning Ordinance. At this time, we are not asking for a formal written determination, but simply an opportunity to meet with 'See Condition HMW1. 5 Presumably, to be consistent with §240-35(G)(2)(c), this means the fuel within the gas tank for the individual truck and not within the larger transport tank on the truck. 6 See Condition HMW1. See Wiliard v. Board of Appeals of Orleans, 25 Mass.App.Ct. 15, 21 (1987). Tom Perry June 9, 2010 Page 4 you again after you have had a chance to review this information. Accordingly, I will contact you in a couple of days to hopefully coordinate a mutually convenient time for us to meet. Thank you very much. EZC:ezc 1927203.1 IF Dip No'r REMOVE CARBONS Form Approved O.M.B.No.2120-0001 U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION 1.NATURE OF STRUCTURE 1�14�i+Mf��1�IK q�ts!e!1�fl�f�i�laaOY hlt�►rR..,,..�����,�� A.TYPE B.CLASS C.PROPOSED LENGTH OF NEW CONSTRUCTION aPERMANENT TIME TO COMPLETE fi�c (Months) 1!►#f1OIMl :: f ❑ ALTERATION ❑ TEMPORARY 4 Months 2 NAME AND ADDRESS OF INDIVIDUAL,COMPANY,CORPORATION,ETC.PROPOSING ! THE CONSTRUCTION OR ALTERATION(Number,Street,City,State and Zip Code) . ' 1t !lO�L1lrR ' r THE WILLIAMS COMPANY DESIGNERS & BUILDERS INC. Jl. TO nu 10 19 Yao g Road b Hyannis, MA 02601 � L S , h.: modified AM FM i power l proposed or mod ed l"�tiv radiated o e o 0 COMPLETE DESCRIPTION OF STRUCTURE include a fec e 3 P P P or TV station and assigned frequency.size and configuration o! owei transmission line in vicinity of facilities 9P Y as appropriate). i Pre-engineered stee 1 buil ding, 60 I xl 601 x 27 1 i... 1 1 2 hiha t peak.•1 2 f pitch; 9 6 v h 1 roof height. ea e g I� g P r > > M1 <v:y N." l,? Air-port t 4.LOCATION OF STRUCTURE A.COORDINATES(To nearest second) B.NEAREST CITY OR TOWN,AND STATE LATITUDE ` LONGITUDE ';�t Hyannis, Barnstable, MA (1)DISTANCE FROM 4B [(2)DIRECTION FROM 48 41 40 07- 70 1 48 0 MILES NA C.NAME OF NEAREST AIRPORT,HELIPORT,OR SEAPLANE BASE (1)DISTANCE FROM NEAREST POINT OF (2)DIRECTION FROM Barnstable Municipal Airport I NEAREST RUNWAY 1?001 AIRPORT N•W• D.DESCRIPTION OF LOCATION OF SITE WITH RESPECT TO HIGHWAYS,STREETS,AIRPORTS.PROMINENT TERRAIN FEATURES:EXISTING STRUCTURES.ETC. (Attach a highway,street,or any other appropriate map or scaled drawing showing the relationship of construction site to nearest airport(s).I f more space is required.continue on a separate sheet of paper and attach to this notice). (See attached) 5.HEIGHT AND ELEVATION(Complete A,8,and C to the nearest foot) 6.WORK SCHEDULE DATES A.ELEVATION OF SITE ABOVE MEAN SEA LEVEL 7o I A.BEGINNING B. HEIGHT OF STRUCTURE INCLUDING APPURTENANCES AND LIGHTING 9 15/87 (if any)ABOVE GROUND.OR WATER IF SO SITUATED 291611 B.END C.OVERALL HEIGHT ABOVE MEAN SEA LEVEL(A+B) 79 1 611 1 15�H8 YES NO 7. OBSTRUCTION MARKED AND/OR LIGHTED IN A.MARKED x ACCORDANCE WITH CURRENT FAA ADVISORY B.AVIATION RED OBSTRUCTION LIGHTS x CIRCULAR'70/7460-1. OBSTRUCTION MARKING. AND LIGHTING C.HIGH.INTENSITY WHITE OBSTRUCTION LIGHTS x D.DUAL LIGHTING SYSTEM x I HEREBY CERTIFYthat all of the above statements made by me are true,complete,and correct to the best of my knowledge DATE TEL.NO.(Give area TYPED NAME/TITLE OF PERSON FILING NOTICE SIGNATURE code) `� i — 9/3/$7 (617)77$;-12�$ tart PAAnag- Notice is required by Part 77 of the Federal Aviation Regulations(14 C.F.R.Part 77)pursuant to Section 1101 of the Federal Aviation Act of 1958.as amended(49 U S.C 1 707) Parsons who knowingly and willfully violate the Notice requirements of Part 77 are subject to a fine(criminal penalty)of not more than$500 for the first o`fensea no:.or more rnan $2,000 for subsequent offenses,pursuant to Section 902(a)of the Federal Aviation Act of 1958.as amended(49 U.S.C. 1472(a)). -FAA-FORMJ46G-1 (6-82) '- `� f\, r� DO NOT REMOVE CARBONS 1..0 ( `t``.-` Mtn}, Y 4r+ t ' f { may. w ' e Y t k 5t i i This determination,'issued in accoiiiarrce concerns th). ei?r_-�¢ o; th t�fith Fr,j, P , @iffci^I i Jc C,c` a"< �i this Drops&' Q� t�lo Srt<) 7l, not relie;'e t,o ' v t "rsP ace by :-irc- r relafing to pnv �) -any co"I"p,;:;ffce r�s r : ,.,- t. r Federal, Staief ��, ��i IR:,We, or feg-ul«tion�;tfa fl)ft�tfes - --_ - , Ovloc.. C-oVernm�Vtta1 Y - t - t - Wdy.. Assessor's offioe Ost floor): -�Ir, SYSTEM MUST SE FTHET ` Assessor's map and lot number � 0 ?.°.°�...c :,.� �E® IN COMPLI6 KQ!x, ° Board of Health (3rd floor): WITH TITLE 5 Sewage Permit number .......57c52-7...............,.,..,, `ifs"'OHMENTAL CODE AKI-1 Z BAHd9TdDLE, Engineering Department (3rd floor): 3 &� � �� REGULATIONS 'oo rb39 House number 6 ..... APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only. i TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ........ �.... . .`.. ...... ................................................... 1 i TYPE OF CONSTRUCTION .. !'e.-. Y�C •1V�+1. .1[ .Q.. .±�i.. .....1 ..................................................... ...... 11.......�9. ?1 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ... A-71...2 .444.. ......................................................................................................... ProposedUse ..5.T3P77kL...U.4.;.F............................................................................................................................... .. Zoning District .... . ........... ... ................ ..............................Fire District _ �'`'' ...� Q ��s,� . SIt I I - ll Name of Owner J`..:... !.�.�C..µC44.. !!'G.. ?.r`.........Address ri%1R.L.�.�. ...�1,IQQ Name of Builder .. .T ................Address ���.�...` Y1.4U.0 h. d...�4.r1:1A,.ks.14-k— D 7-Cafe Nameof Architect . ................................................................Address ..............................................................,......................... Number of Rooms .......14.1 ...............................................Foundation .�.CoU.1" -.�...C.B.M��..��e..! . Exterior .....keA.G.V... ...............................Roofing .. .E. .�... A lA... Floors .Interior .. . . •.... .U..6AX.0n............................ ................ .................................................................. Heating .C. ...Plumbing ...... ..5................................................................. Fireplace ........6 ................................................................Approximate Cost . ..* .�.. V..Q Definitive Plan Approved by Planning Board ________________________________19________ . Area ...flr ...5 ....... Diagram of lot and Building with Dimensions Fee > � ......... .. ................... SUBJECT TO APPROVAL OF BOARD OF HEALTH �� s -� 3A ,3so tA 46) i OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable re ing the above construction. i Name ... i } Construction Supervisor's ice se .� ......®.Z CAPE & ISLANDS STEEL / J. BRUCE MACGREGOR ►'At t No 31596..... Permit for .....J3.14.ild...C.QITIAercial " E r L ....$1J.a .7. g.................................. t 4 P Location A.7.15...Air-P.Qx-t...Ro.ad.................... ' .................Hy.axon.z.a............................................ _ N J. Bruce MacGregor Owner ....Q.aP.Q...&...LS7 c i1d...StQ.Q1 ............ M Type of-Construction Pre_Engineered ;Steel 3 Plot ............................ Lot ................................ February, ,8, 88 s" Permit 'Granted .............................:..........19 _ C Date of Inspection .....................................19 Date Completed ......... ....... .' t!.....`.........19 6 x. t S F j. t A f ti v t�c,1liS 1lJ wo Engineering Dept. (3rd floor) Map 312 Parcel,6t118—H00- / Permit# . , House# RIK Date Issued "l Board of alth(3rd floor)(8:15 9:30 0:00-4:30 Fee' - �LL�D onservation Office (4th floor)(8:30-9:30/1:00-,2:00) r1` elvV �0A.dPL 1 R. 3 Planning Dept.(1st floor/School Admin. Bldg.) �-- ��Q �d�1 � Plan Approved by Planning Board 19 4 ° �0BA Ail � ° gp�r �.L/ I�� �'C.� - ' Cam'" ' .'�'. • MASS r�t�tl 'TF J "•®' ttt e, ED MAC p` y „ TOWN OF BARNSTABLE Building Permit Applicatio . g" j'ecfeet Address iRO B AirportWay Village Hyannis Owner Airport Way Nominee Trust Address 1 ,90 Airport .Way Hyannis ^Telephone (508 ) 775-2022 r -Permit Request construct a one story fabricating plant r f S t First Floor 24, 000 square feet Second Floor none square feet Construction Type Steel Pre — Engineered Estimated Project Cost $ 225, 000. 00 Zoning District Ind. Limited Flood Plain Zone C Water Protection W P Lot Size 12. 47 AC Grandfathered ❑Yes ❑No Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure New Historic House ❑Yes 91 No On Old King's Highway ❑Yes L2No _ s Basement Type: ❑Full ❑Crawl ❑Walkout L30ther slab on grade Basement Finished Area(sq.ft.) N/A Basement Unfinished Area(sq.ft) N/A Number of Baths: Full: Existing N/A New none Half: Existing N/A New 1 No.of Bedrooms: Existing N/A New none Total Room Count(not including baths): Existing N/A New 1 First Floor Room Count Heat Type and Fuel: [XGas ❑Oil ❑Electric ❑Other Propane g a s Central Air ❑Yes W No Fireplaces: Existing m Z A New none Existing wood/coal stove ❑Yes No Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) L2 None ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ®Yes ❑No If yes, site plan review# Current Use NSA Proposed Use Warehouse/fabricating plant Builder Information Name C & I Steel, Inc. Telephone Number (508 ) 775-2022 Address 180 Airport 14ay License# cS05061.7 Hyannis, MA 02601 Home Improvement Contractor# Worker's Compensation# wC r; _ _ 4 9?. 2 4 2—0 47 NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO -g_r, L SIGNATURE f/. DATE e BUILDINUERMIT DENI D FOR THE O LOWI REASON(S) r • -- FOR OFFICIAL USE ONLY PERMIT.NO. � r . ' '� •' - _ - .' _: . � �, • ` - • ik DATE`ISSUED MAP/PARCEL NO. ADDRESS ` VILLAGE' + ' . OWNER a a ti DATE_OF INSPECTION: _ + FOUNDATION k 1-Ay -0" FRAME - INSULATION a FIREPLACE a T ELECTRICAL: . ROUGH FINAL PLUMBING: ROUGH FINAL a GAS: y.�p ROUGH a FINAL i Jp F FINAL BUIdl)ING _ DATE CLO�SEDrOUT ' l ! t a ASSOCIATION PLAN NO. t I t OF BARS 'DOI CAPE COD COMMISSION 0 3225 MAIN STREET v P.O. BOX 226 P X BARNSTABLE, MA 02630 (508)362-3828 SACHus� FAX(508)362-3136 E-mail:frontdesk®capecodcommission.org January 13, 1999 Attorney Patrick M. Butler Nutter, McClennen & Fish 1513 Iyanough Road P.O. Box 1630 Hyannis, MA 02601-1630 Dear Attorney Butler: Thank you for the fax of yesterday transmitting a copy of correspondence dated April 30, 1998 from James R. Weaver, Senior Right-of-Way Engineer with Commonwealth Electric concerning the Cape & Islands Steel-project. In keeping with your request to be copied on correspondence related to this matter, enclosed is a copy of a January 5, 1999 letter from Attorney Ronald S. Beitman of Kistin, Babitsky, Latimer & Beitman concerning the Cape & Islands Steel project. Other correspondence generated to date on this matter by the Commission is a fax which was sent to Anna Brigham on January 6, 1999 which included pages 21-22 of the DRI Decision. I believe from your fax that you have a copy of this correspondence, so I have not included another copy with this letter. In terms of correspondence received by the Commission on this matter, a faxed copy of Mr. Weaver's April 30, 1998 letter was received by the Commission on January 11, 1999 from the Town of Barnstable Building Division. Please contact me should you have any questions about this matter. Sincerely, Andrea Adams Planner/Hazardous Waste Specialist cc: File Ralph Crossen, Barnstable Building Commissioner/DRI Contact .Anna Brigham, Site Review Clerk Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NO FFORDED BY THE POLICIES LISTED BELOW. This Is to Certify that D _ Fc-& I Steel, Inc. 04- 180 Airport Way JUN - 1 W8 Name and LIBERTY Hyariiis, MA 02601 address of MUTUAL, Insured. Attention: Sheila Wh teC & I STEEL INE Is,at the-issue date of this certificate,insu below. The insurance afforded by the listed policy(ies)is subject to all their terms,exclusions and conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued. EXP.DATE. • ❑ CONTINUOUS TYPE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ® POLICY TERM WORKERS 9/15/98 WC5-1 1 1-491 242-047 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY LAW OF THE FOLLOWING STATES: COMPENSATION MA Bodily Injury ByAocident $500,000 Each Accident Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Person GENERAL 9/15/98 YY7-111-491242-057 General Aggregate-Other than Products/Completed Operations LIABILITY $2,000,000 ® OCCURRENCE Products/Completed Operations Aggregate $1,000,000 ❑ CLAIMS MADE Bodily Injury and Property Damaqe Liability Per $1,000,000 Occurrence Personal and Advertising Injury Per Persory RETRO DATE $1,000,000 Organization Other $50,000 FIREL LEGAL Other $5,000 MEDICAL LIABILITY PAYMENTS AUTOMOBILE 9/15/98 AS1-1 1 1-491 242-027 Each Accident-Single Limit LIABILITY $1,000,000 CSL B.I.and P.D.Combined ® OWNED Each Person © NON-OWNED Each Accident or Occurrence ® HIRED Each Accident or Occurrence OTHER 9/15198 TH 1-111-491242-037 $9,000,000 Each Occurrence UMBRELLA EXCESS $9,000,000General Aggregate UABILITY $9,000,DDo Prodted Oper $25,000 Retention ADDITIONAL COMMENTS REFERENCE: BUILDING PERMIT If the certificate expiration date is continuous or extended term,you will be notified if coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE-ONTO: ANY PERSON WHO,WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER,SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE Liberty Mutual Group THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: F CEATIRCATE COMMONWEALTH OF MASSACHUSETTS LISA A. HIGGINS HOLDER AUTHORIZED REPRESENTATIVE WESTWOOD (781)326-7100 5/28/98 OFFICE PHONE NUMBER DATE ISSUED This certificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L (FL) ... ...................................................... ... ................................. ........................................................................ .................. ............................................................................,....:::::.....................::.:.,.;:: :.;:.: .;::.: ...:: .. :. :. :.: .. :;:.>;:::>:.;;:: >:;.;:>:.;>:.;:.;:.;: DATE(MMWD\ a1.111.1�. .: ET11 :t :: R1t . ............................................................................ ................ ,2—23—9 7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE OLDE CAPE COD INS AGCY HOLDER. THIS CERTIFICATE.DOES NOT AMEND EXTEND OR 435 MAIN ST ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HYANNIS MA 02GO13905 COMPANIES AFFORDING COVERAGE COMPANY , 236RC A RELIANCE INSURANCE COMPANY INSURED COMPANY DREW, ERIC B DBA DREW ELECTRICAL- COMPANY 103A MID TECH DRIVE C WEST YARMOUTH MA 02673 COMPANY D ... .....:::::::::: ...........................::::::.::::::::::::::::::::::;.::::::.:::.:.:.:..............................................................................................:..:::::::::::.:::.::.:::.::::::::::.,......................................... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION LTR POLICY NUMBER DATE(MMU)DWY) DATE(MMWDWY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per Accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND STATUTORY LIMITS EMPLOYER'S LIABILITY (US-128DG 18—O-97) 10-12-97 10-12-98 _ EACH ACCIDENT $ 100,000 PARTS/EEPROPRIETOR( INCL DISEASE—POUCY UMIT $ PARTNERS/EXECUTNE 500,000 OFFICERS ARE: Fx I EXCL DISEASE—EACH EMPLOYEE Is 100,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS THIS REPLACES ANY PRIOR CERTIFICATE ISSUED TO THE CERTIFICATE HOLDER AFFECTING WORKERS COMP COVERAGE. CER-IF E':H ;_>.....::::::: :.....::<:......:: ::: : _.....::: : ......::>::>::>::::>::»::>::::>::: ......:..::::::.:::.:::. :::.::. ::::.:.::.:::.:::.:::::::::::::::::::..:: IrAGEJ► kI�+E.::::.::::.:......:...:............................................................................:...::., ................................................................................... ........................................ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CAPE AND ISLANDS STEEL LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 200 AIRPORT ROAD LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. .HYANNIS MA 02601 AUTHORIZED REPRESENTATIVE i 4 :i::iii::ii::: ;:i::;:ii:: ::.................................. :s:: : :: ................ i ::i::i::::i;:i::i::i::isi:::: ::i:::::i:::: ::::.....:::i:::i s:.i::i:.iv:.::::::.:::::i:::is iii::iii:.ii:i'::::is:i:ii:�:is At?t# . S:5.. ................................................................................................................::.::..::.::::.:::::::::::::::::::: ::::::: ::::.:::..�AEf�ik): d�kli##A'1 Ib 319 ?:::.:::::::::::::::::::::.::,::::::::::::.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:.:::::::::.:::::::,::....................................................... ...................:.....................:.....:..:.:.:.:.: 1:i:993:. 1Z The Commonwealth of Massachusetts Department of Industrial Accidents Office of/nlrestiootions _ 600 Washington Street +l ton Mass.Boston, s. 02111 Workers' Compensation Insurance Affidavit name: location: city phone# ❑ I am a homeowner performing all work myself. ❑ I am a sole propnetor and have no one working in anv capacity © I am an employer providing workers' compensation for my employees working on this job. company name: & I t e e l T n address-: Yi- wa city Hvanni G 6hone#.(508 ) 775 2n?2 insurance co. LibertX 44 jl olicv# _ _ / / /il, Pa.01 11 ® 1 am a sole proprietor,teneral contractor)or homeowner(circle one) and have hired the contractors listed below who have the following workers' compensation polices: companvname- Erie Dr'_w 1YRA brew F1 et-i.ri i�a l address: 1 h A Mi ha Teri ytm . dty raA�f y„armoLi phone#r (SETA 77R 077 insurance co. R 2 '..< n S oiicv# .. company name. IIT 1�i Lmh i ri a t 3 we ul address- 62 llpw nnefnn Rnarl _. phone#: (r n :� 01 ts, i.:< city' 17' ri n Y c`:. insurance co.: x olicb# Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a&re up to$1,500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a tine of$100.00 a day against me. I understand that a copy of this statement may be forwarded to the Ofilce of Investigations of the DIA for coverage verification. I do hereby certify uncle the pains and enalti erj that the in formation provided above is truo and correct . �' Date 6-3-1 998 Signature _ . Print name Zter F_ Mu1ve�A Phone#_( g0A1 779-9(197 official use only do not write in this,area to be completed by city or town ofiiciai city or town: permit/license# ❑Building Department ❑Licensing Board ❑check if immediate response is required ❑Selectmen's OMce ❑Health Department contact person: phone#; ❑Other (tevieed 9l93 PJA) Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the"law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver c trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewf of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and supplying company names, address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the'law"or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be re-- t� the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Office of Invesduadens 600 Washington Street Boston, Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 ext. 406, 409 or 375 CERTIFICATE OF INSURANCE M CIGNA Property and Casualty Companies (This certificate of Insurance neither affirmatively nor n y Cij ll �' amends,extends or alters the coverage,limits,terms o i of the policies it certificates.) 05/29/98 COMPANY CODES This is to Certify to �� _ 1 1998 © CIGNA INSURANCE COMPANY CAPE&ISLAND STELL © CIGNA INS.CO.OF TEXAS 6 AIRPORT RD HYNNIS MA 02601 C & T E E L I N C. © PACIFIC EMPLOYERS INS.CO. L INSURANCE COMPANY OF NORTH AMERICA that the following described policy or policies,issued by The Company as coded below, providing insurance only for hazards checked by"X"below,have been issued to: ® CIGNA INS.CO.OF ILLINOIS NAME AND H TC PLMBING &HEATING ® CIGNA INS.CO.OF OHIO ADDRESS 62 NEW BOSTON RD DENNIS. MA 02638 (OTHER-SPECIFY) INSURED FOLD covering in accordance with the terms thereof,at the following location(s): STATE OF MASSACHUSETTS TYPE OF POLICY HAZARDS CO.CODE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY 0 (a) Standard Workmen's 100.000.00 statutory W.C. Compensation& ❑X I ❑4 C80118533 4-28-98199 $ .,W,000.00 One Accident and Employers'Liability 100,000.00 Aggregate Disease (b) General Liability Premises-Operations(including"In- ❑ ❑ $ Each Person cidental Contracts'as defined below) T T ❑Accident Independent Contractors ❑ ❑ s Each ❑Occurrence ,a Completed Operations/Products a a o C m _ Contractual,(Specific type as ❑ ❑ L $ Aggregate-Completed described In footnote below) O erations/Products Premises-Operations(Including ❑Accident *Incidental Contracts"as defined Each below) ❑ ❑ s ❑Occurrence • Independent Contractors ❑ ❑ s Aggregate PremJOper. m cr s Aggregate-Protective a m Completed Operations/Products ❑ ❑ f Aggregate-Completed o E Operetiona/Products e Contractual,(Specific type as I� n, p described in footnote below) J ❑ $ Aggregate-Contractual (C) Automobile Liability Owned Automobiles ❑ ❑ $ Each Person Hired Automobiles 0 ❑ ❑Accident o C Each rD _ Non-owned Automobiles ❑ ❑ s ❑Occurrence Owned Automobiles ❑ ❑ ❑Accident ` m Each o rp Hired Automobiles ❑ ❑ $ Occurrence a m ❑ ❑ o E Non-owned Automobiles a (d) Contractual Footnote: Subject to all the policy terms applicable,specific contractual coverage is provided as respects It Is the intention of the company that in the event of cancellation of the policy or policies by the company,ten(10)days'written notice Check ❑ a Contract of such cancellation will be given to you at the address stated above. Applicable ❑ purchase order agreements [between the insured and: Block ❑ all contracts NAME OF OTHER PARTY OATS(if applicable) CONTRACT NO.(if any) DESCRIPTION(OR JOB) Definitions: tons on or adjacent to a railroad,(3)undertaking to indemnify a municipality required by municipal ordin n ,except in connection with work for the municipality,(4)sidetrack agreement,or(5)elevator maintenance agreement • LC-taese Ptd.In U.S.a Authorized Representative WHrrE-ORIGINAL YELL.OWaNSURED'S COPY PINK.AGENTS COPY GOLD-SERVICE OFFICE COPY May-13-98 01 : 17P Appleby & Wyman •19786887582 P.02 AM01'fl0 CERTIFI {N�UR�NCGE °A�1,3f9g TE .YYl n .. PRODUCER !THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION .ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE APPLEBY&WYMAN INS. ND OR 1H�R THE COVERAER.THIS GE CERTIFICATE DOES BOYTTHE POLICIES BELOW. t361 Turnpike Street Suite 228 COMPANIES AFFORDING COVERAGE North Andover MA 01 MPANY r �A CNA INSURANCE COMPANY INSURED CAPE & I.,Lf',i�.'.;:: �i�r MPANY B CARL F. CAVOSSA EXCAVATING INC coMPArn 257 PALMER AVENUE C FALMOUTH MA 02540 COMPANY . D THIS IS TO CERTIFY THAT THE POLICIES OF IN LISTED 6ELO' HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEN"'ArTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co TYPE OF INSURANCE POLICY NUMBER POUCY D EFFEMVE DYY) DPOLICY EXPIRATION LAMLTR a A GENERAL LIABILITY C164096294 01!07198 01!07!99 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL'LIABILITY PRODUCTS°COMP OP AGG s 2,000.000 CLAIMS MADE D OCCUR PERSONAL 6 ADV INJURY $ 1,000.000 OWNERS 6 CONTRACTOR'S PROT EACH OCCURRENCE s FIRE DAMAGE(Any are Are) S 300, 007 MED EXP(Any one person) $ 5,000 A AUTOMOBILE LIABILITY 4074487 011;07!98 01'07%99 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO t ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per pe—) $ HIRED AUTOS BODILY INJURY X NON-0WNEO AUTOS (Per accident) s PROPERTY DAMAGE s GARAGE LIABILITY AUTO ONLY•EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: f s A EXCESS LIABILITY C164096327 Ol 107,98 01.07 i 99 EACH OCCURRENCE S 2.000.000 UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM $ R!(ERS COMPENSATION ANDOTh- EMPLOYERS LIABILITY TORY UMRS ER A WOC164096313 .01!07.98 01!07i99 EL EACH ACCIDENT S 500,000 PARTNERS'EXECUTI/ THE PROPRIETOR,'1E INCL EL DISEASE—POLICY LIMIT $ 500,000 x OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE 5 500,000 OTHER A Inland Alarine Cl 64096294 01iO7!98 01i07!99 Limit of Insurance 401,333 Deductible 250 DESCRIPTION OF OPERATIONSLOCATIONSrVEHICLESSPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE Cape &Islands Steel Inc, EXP;RATION DATE THEREOF,THE ISSUING No TO MAIL 80 DAYS WRITTEN NOTICE TO TH CERTIFICATE HOLDER AMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NO"ICE LL IMP NO OBLIGAT N OR LIABILITY 0%ANY KIND UPON'HE COMPANY A OR REPRESEN TIVES. AUTHORIZED REPRE TIVE Krista Demmer , ACORD 25S(155) © ACORD CORPORATION 1988 .................... .... ........... ........... ...... .... 06021998 PRODUCER :::. ......................................... / /»:FAX (508)540 2400 (508)540-6671 urray & MacDonald Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 406 Jones Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Falmouth, MA 02540 COMPANIES AFFORDING COVERAGE .................................................................................................................................................... COMPANY USF&G Insurance Company Attn: CIC, Maureen Souza Ext: A ...............................................................................................................................>.................................................................................................................................................... INSURED COMPANY Alan S. Gardner DBA Gardner Concrete Forms B P.O. Box 98 .................................................................................................................................................... Monument Beach, MA .02553 COMPANY C :..................................................................................................................................................... COMPANY D G1fE#tA' THIS S O CERTIFY THAT THE POLICIES OF'INSIJRANCE LISTED BEL���W HAV�B ��O E EEN ISSUED TO TFIE INSURED NAMED ABOVE�FOR TH ��E POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .........................................................................:......................................................................:......................................................................................................................................................... CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION: LIMITS LTR DATE(MM/DDNY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X :;COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG : $ z.'.O.00.'.0.0.0_ CLAIMS MADE : X OCCUR PERSONAL&ADV INJURY $ 1,000,000 A >;::»>.. ..: BINDER 04/29/1998 04/29/1999 ........................................... OWNER'S&CONTRACTOR'S PROT: EACH OCCURRENCE $ 1,000,000 ................... ........................ ................. FIRE DAMAGE(Any one fire) : $ 50,000 ........................ .................................. MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY i-- ? COMBINED SINGLE LIMIT $ ANY AUTO 500,000 ......................................... ................................... ALL OWNED AUTOS 1 BODILY INJURY $ X `SCHEDULED AUTOS (Per person) A :BINDER 04/29/1998 04/29/1999 . ........................................ ................................... X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ................................................ ANY AUTO :OTHER THAN AUTO ONLY: ..................................................:X. :.....:.:::.::::.:::::.:::::::. EACH ACCIDENT $ ...................................................... :..................................................................................... AGGREGATE: $ EXCESS LIABILITY :EACH OCCURRENCE $ ........................................... .................................... UMBRELLA FORM :AGGREGATE $ .. :.................................................................................... OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND :TORY LIMITS: ER : EMPLOYERS'LIABILITY EL EACH ACCIDENT....:.........:..:: :: A:. :BINDER 05/O1/1998 05/01/1999 :........................................... .................................... a"" iHS`RFOPf2IE�OR/''" INCL EL DISEASE-POLICY LIMIT $ 100,000 PARTNERS/EXECUTIVE 500,000 ................................... OFFICERS ARE: EXCL: EL DISEASE-EA EMPLOYEE $ 100,000 t OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS ONCRETE FORMS ERTI+. £::. fi.::................::::::::::::::.::::::::::::::::::::.::::::.::::::::::::::::::::.::::::.:::.......... ... .................:::..:::::::::.:::::::::::::::.:::::::::::::::::::::::::::::::::::::::::::....................................................... :..::..:.:................................................................................................................ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10—DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CAPE & ISLANDS STEEL BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 180 AIRPORT WAY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. H YA N N I S, MA 02601 AUTHORIZED REPRESENTATIVE David Rose/LLV '� >t t .. f38 ...................................................................................................................................................................................................... ...ARt} QRP.:... ........ ........ .................................................................................................................................................................................................................................................................. r � T Restricted To: 00 70458 DEPARTMENT OF PUBLIC SAFETY CONSTRUCTION:rvS.UPERVISOR LICENSE 00 - None w Number¢ - Expires: 1G - 1 & 2 Family Homes Restricted To` :00 Failure to possess a current edition of the ....ar-M �i9cu/ Massachusetts State Buiilding Code »BRUCE A PETERSON. is cause.for revocation of this license. 12 COTTON TAIL CIRCLE E FALMOUTH, MA 02536 Worker's Compensation Insurance Affidavit Page 2 I am a general contractor and have hired the contractors listed below who have the following worker's compensation policies: company name: Carl F. Cavossa Excavating Inc. address: 27 Palmer Avenue city: Falmouth phone: (508)540-3933 insurance co.: CNA Insurance Company policy#: WCC164096313 company name: Alan S. Gardner DBA Gardner Concrete Forms address: P.O. Box 98 city:Monument Beach phone: (508) 759-5630 insurance co.: USF&G Insurance Company policy#: see attached LICENSE RENEWAL APPLICATION LICENSE TYPE CS LICENSE NUMBER Remit to: CONSTRUCTION SUPERVISOR LICENSE CS00051468 Commonwealth of Massachusetts 07/18/1996 P.O Box 3516 RESTRICTIONS RENEWAL FEE AMOUNT ENCLOSED Boston MA. 02241-3516 1 00 $100.00 A/coo, 490 ❑ Check Box if you have a change of address- print new address/corrections below. WILLIAM T CURRIE JR 56 VASSAR SIT WORCESTER, MA 01602 I certify under penalties of perjury that to the best of my knowledge and belief the license information above - C �Date is correct and I have filed all state tax returns and paid all state taxes required by law.(Authority.C.62C,S.49L,MGL,as amended by C.233 Acts of 19t13) - - Signature of Applicant ........--.........................................................................._................--..........._. . -.. Please detach the above stub and return the top portion with your remittance. Commonwealth of Massachusetts Remit to: Department of Public Safety Commonwealth of Massachusetts Department of Public Safety LICENSE RENEWAL APPLICATION P+O Box 3516 Boston MA. 02241-3516 WILLIAM T CURRIE JR LICENSE TYPE LICENSE NUMBER 56 VASSAR ST CONSTRUCTION SUPERVISOR LICENSE CS00051468 WORCESTER, MA 01602 07/18/1996 RESTRICTIONS RENEWAL FEE 00 $100.00 RESTRICTIONS DESCRIPTION: 00-None 1A-Masonry only 1G-1 &2 Family Homes Failure to possess a current edition of the Massachusetts State Buiilding Code is cause for revocation of this license. r 1 � r t CY l t f y ' - 1. i P.-'--w' - -.`✓'a'a ".ter_.�,�fnP� �p'� � �/�- �� �it• I I '.. =� COMMONWEALTH DEPARTMENT OF PUBLIC SAFETY _ ONE ASHBORTON PLACE OF BOSTON,MA 02108 MASSACHUSETTS L I C EN.::,E 1 CAUTION I , i_:i:iI�G=Tf; :_;I.IF'ERV I S'01:.t EXPIRATION DATE C�7/ ]. /1•'' ` t FOR PROTECTION AGAINST EFFECTIVE DATE LIC-NO. j THEFT, PUT RIGHT THUMB PRINT IN APPROPRIATE I RESTRICTIONS _ BOX ON U_ L4/_ . � LICENS E. ( , b r ° BLASTING OPERATORS WIL.I__T(�I''I. 1 is=:IIfRRIE JR 6 MUST INCLUDE PHOTO. 56 I.. bJ :F=:_,_L.Efa : ( , PHOTO(BLASTING OPR ONLY) FEE: _ �,�(,� NOT VALID UNTIL SIGNED DY LICENSEE AND OFFICIALLY1. ,I, 1 I I i� ,,•� 9 i J�Ij, HEIGHT: ,�I STAMPED-OR-SIGNATURE OF THE COMMISSIONER <. .-, III SIGN NAME IN FULL ABOVE SIGNATURE LINE THIS DOCUMENT MUST BE,,, -- SIG ATURE O_L__LF 6E$1SEE ! CARRIED ON THE PERSON OF THE HOI-DER WHEN EN .:. COMMISSIONER ' GAGED IN THIS OCCUPAFION OTHERS-RIGHT THUMB PRINT - 6� �,•�,,,,.,,, ..�...�j':9"C � :•-•- ., ;n,.s, :'u[vi+'Tr�3a"'• ..w .'t ..w' . ii .� ill I .:;: ,.rg3.x.13-r ��t l�t..�{.;s,Yt�v.r��cicN'�t�•a�,i. -2 Llu IEL 11 11 12 13 14 15 16. II 18 19 21 �Z r CONCRETE NOTES I. CONCRETE STRENGTH s 28 DAYS, WNW PSI. r • r . s • r r ' 2. NO CONCRETE TE SMALL3E PLACED IN WATER NOR SMALL ANY FOOTING BE PLACED ON FROZEN SOIL. 3. ALL C24CFZETS WORD AND REINFORCING DETAILS SHALL CONFORM TO THE LATEST ACJ.CODE AND MANUAL 4. REINFORCING SMALL CONFORM TO ASTM 4615-G0II&0. 5. ALL CONTINUOUS REIWCFW-MG SMALL BE LAPPED 60 DIAMETERS. 6. PROVIDE BAR SUPPORTS,SPACERS 4 ACCESSORIES RECOMMENIDED BY THE ACI.DETAILING MANUAL. v--- i •�-�_�- T. PROVIDE A MINIMUM OF 6'OF 11.E1- COMPACTED CLEAN,COARSE SAND AND GRAVEL UNDER ALL 8, ON GRADE S, UWERE IT 16 NECESSARY TO RAISE GRADE BELOW SLABS,GRANULAR FILL SMALL BE PLACED IN 6' LIFTS AND COMPACTED TO WS DENSITY WITH A MECHANICAL VIBRATOR OVNTRACRS BEFORE ANY POURS TOR SMALL o T LALLOLU FOR INSPECTION OP REINFORCING. NEW C 4 1 STEEL BLDG 200 AIRPORT PLACE NYANNIS,MASS I C.FS TEGQ 2=Al �� a�ewdac wro a I Daniel E Braman,PE 189 Harbor Point Road Cummaquid,MA 02637-0361 Phone(508)362-0016 June 6, 2007 Building Commissioner Town of Barnstable 367 Main Street, Hyannis, MA 02601 Project: 27006 Addition to 200 Yawnur, 180 Airport Way, Hyannis, MA In accordance with the Massachusetts State Building Code requirements for Controlled Construction and my document of November 17, 2006; I made a site visit today to ther above project to make an inspection of the framing in the addition. I find that this covers the structural systems involved and that this construction meets the Massachusetts State Building Code requirements and the approved contract drawings. Since the only remaining work is the slab on grade; I also consider this the final inspectuion. Daniel E. Bram CC: Lohr Co ISTER� 90 .0 Wd L- NnP LOOT i r °F VE The Town of Barnstable 9� MAES. � Department of Health Safety and Environmental Services ATF16 9. ` Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner October 15, 1999 Cape & Islands Steel John Paulding 200 Airport Way Hyannis,Ma 02601 Dear Mr. Paulding; Please be advised that the certificate of occupancy issued on behalf of the Cape & Islands Steel Fabrication Building on 4/16/99 has been rescinded in favor of a 30 day temporary occupancy permit. The revised permit shall be converted to a full CO upon the receipt of a certificate of compliance issued by the Cape Cod Commission. Your attention to this matter is greatly appreciated. Sincerely, Ralph Crossen Building Commissioner CC:Cape Cod Commission Attorney Pat Butler CAPE & ISLANDS STEEL, INC._ LETTER OF TRANSMITTAL 200 Airport Way EAtte Job No. 1 Hyannis, Massachusetts 02601 � g I I(508) 77S-2022 : . (800) 649-4766 (IRON) FAX (508) 790-3166 Re: TO,. i' the following items: WE ARE SENDING YOU Attached Under separate cover via ❑ Plans Samples ❑ Specifications. Shop Drawings Prints Estimate Coot'of LetterChance Order I t COPIES NO. I DATE DESCRIPTION I lea �c THESE ARE TRANSMITTED as checked below: For approval C] Approved as Submitted Resubmit copies for approval yC� For our use Approved as noted Submit_—copies for distribution Lreturn corrected prints As requested U Returned for corrections For review or comment 19 � PRINTS RETURNED AFTER LOAN TO US FOR SIDS DUE i - REMARKS: - - 1 copy TO - SENT BY: _ - r _ If you have any questions,please call: 7D J r rr 1 M-16-981 TUE 3: 42 PM C, & 1 Q T F,F,I, ----- I 1i fi FAX 110, 508 790 32166 2 23 The applicant shall obtain any road ope or roadwork pemidts as may be require 6 f rc)m the nIng I drivewaY. Tlir- W-Ant 'Town of Barnstable Engineering Departrnent to pave the existing shall provide a copy of said pertnit,if applicable,to the Cape COPOVUlssion. WATER RESOURC" i. Prior to any development_,the applicant shaU conduct a Title 5 ins cc;tiOnof the Cxistlng "'-E-FEIC'f%ven systern(s)on the project site and at the existing business On the adjact-ni'par celet o k I c 1 nit he. septic Systems am adequate to handle additional flows from additional ernVIGYes � 9 new buildings. A copy of the inspection report shall be provided to the Barnstable- Pralth t any deficiencies in the existing Septic sYsteTl-�' , on the Depar=nt The applicant shall contc inspection. d swales iristead of the drainage basins shoixD 01) the pl=s 2. The applicant shall Utilize vcgOmEe ager=ntfronl thc' Ptopos�cd submitted on 7/29/97 with ill-application MxOrials for sTorrnwater management an i velopment,the applicant shall submit for Comal 340n rev�e" buildings. pfior to any de ), �r v-rlcF r)t. approval a revised plan which shows vegetated drainage Sw2jes for storrnwater man sr HAZARDOUS MATERIALS Bud WASTES u)d 1. The tow u amount of hazardous materials and/or wastes used,stored, generated, disposed of as part of tile company shall not exceed 650 liquid gallons or its dry wr-101 c-quivalcnt at,any given firne. This hrrAt shall exclude compressed-Wes- Pro ri 2. The,applicant shall notify and/or register with the Depar= Envent Of irontnen ''� K generator of hazardous waste in conformance with the requirements Of 310Q0,'(" ) 3, The applicant shall handle,store and manage hazardous waste generated by the comp-�,ny in a M2111101'consistent with the Massachusetts H&7ardou-s Waste PW901fttiOns,310-CM.h.. 30-00. 4. The applicant*all store allhazardous materials and/or wastes in abermed containmC111 AfM The contammcnt area to be constructed shall inclu&an-irnperviOus surface shaU - shaU also be under cover and shall include containment suffi c ient to account forwithout f 1 ht0.rai total It volume stored there at any given time. 5. The applicant will retain a qualified,licensed hazardous waste hattler to rernove nrCt',ftJL11attd hazardous waste according to deadlines established by 310=30,00. 6. Prior.to any development,the applicant shall provide to the Barnstable Health,r),tpart-ment and Ic registration funr "Vhicb I-r-flocts the H annis Fire Departmnt 2m fpTated hazardous materials users y S a company-wide inventory of hazardous Tnaterials and/or wastes- Tbi informabun riha�' 11-1c'tudt hazardous materials any wastes used,handled,stored,treated and disposed of a-� a rtL,UJt of the proposed new buildings. NATURAL RESOURCES AND OPEN SPACE 1. Prior to any development on site,the applicant shall submit a final plan depicmiF ot 3.74 ants to be permanently testricted as open space. 'This area,shall jyjcludc 0,26 acrlt�i atwood�-(J w-cl, w,,c rcar (northern)end of the site plus 3.48 acIms completely located on the undevcloped generally shown on the site plan, 2. Prior to any devc1opment on the site,the applicant shall provide the Cape Cod Cape,&islands Steel TR-97008/EX-97008 DIU-bcdslon 06/16/98 14:48 TX/RX NO. 4438 P02 1 �_ ;� -- :.,; 08/23/1996 08:32 1-508-790-6230 BARNSTABLE BLDG DIV PAGE 02 11C (_UH1111011 H•CU1111 Of nlaSWC11 USCUS Department of Indualrial.Accidents ►c �.��► Dlliceolla�rsllpal/a� 600 If ilsi ingum Street BUston.Ala= 92111 ~" Workers'Compensation Insurance AMdavit AFlica—n nfermation P!leense PSOM Meriiiv ""•- ^�'•."" �_..� du 'or�lr!i S /��ol . hens 77S—0200�� -- p I am a homeowner performing all%vork myself' C3 I am a sole proprietor and have no one working in any capacity L..•i�r.....�r(.�.w.y __•. •H_ •.V�..��•'.7�.�'i.t31.1/1sal.Lr.Yr L,'..._. �. ..�_._. .�...� • ' am an employer providing workers'compensation for my employees working on this job. /eel addrees. _ aLc�d �.�!'o�s GL./o1� • i f— CPU -7 7 5 insurnnee ee./T/s�era c�h .�.�,ll�a`(��S �✓iS. ®. ts�itc L9:� .... prop ._�,._1. ...��. -..�..,,•f........•....�.r�..,.q•---w...�r.......�..w,. ��. �.�.-.,row ._ *l am a sole rietor,general contractor,or homeowner(Circle one)and have hired the contractors listed below who ha%,r the following workers' compensation polices: samaalty name- nddrrqx- ern, nhone Ih lnsnrnnee ee_ tu►Her a �-.- ��'_.�..y. ....._ kn�n.,i_.arwa_ r'�r.4'.P•f• :S+-.'+�rr+-*�ea��a� :wn:�t•�,. ��:..,'.w-„'.._�1•.�TJ�T■'�"�..�� — _ Lirlj fmmn't"r name: r c- nhone 1f• s - Viler if ,Ata sh—addltloaal sheet if eetgsal K �:�-■�+_�...re:+«s•*•,- ,�.. ,,. ..., ....�. .. .. •-+:'.^.'� Failure to secure Werape as required under Section 25A of MCL 152 can lead to the imposition of eriminai pesaltiea ara iaare up S s1.5 Oo..0UU aadiur One�•ean'imprisonm nt ax%s-cll as civil penalties in the form of a STOP WORk ORDER and a fine of Stoo.00 a day spinal me. t understaad that a cop_of rills statement mav be forwarded to the Office of Investigations of the DIA for coverage verifteation. 1 do hereht• ,n;fjl u rlrr e p i ar ciralt jperjrrYy drat the u{formati ts�above is trot and comm Signal Date Prints a Phone# � 7S �20d2� official u o Bat write in this area to be completed by city or tu%-o oMcial 71) `•city or town: permit4icgose k nlent0IO cheek irImmediate rnponsc is rcgoired Os - Cltcontact person: pbooeOt O t 4-- dF� • - The Town of Barnstable Department of Health Safety and Environmental Services a Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 16, 1996 John Paulding Cape& Islands Steel 6 Airport Way, Hyannis 02601 Re: Site Plan Review Number 46-96 ,.Cape& Islands Steel new office building 1�t irport Way, Hyannis 02601 Dear Mr. Paulding, The above referenced site plan has been approved by the Site Plan Review Committee at the meeting on May 16, 1996. The conditions are as follows: • Placing a Cape Cod Berm along the rear paved parking area for drainage purposes. • Placing exterior lights at the rear parking area. Please be informed that a building pennit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Should you have any questions, please feel free to call. Respectfully, .Ralph Crossen Building Commissioner ` RMC/ab �- 4 The Town of Barnstable 9�'Ar16;o.�A`� Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner July 24, 1996 John Paulding Cape& Island Steel 6 Airport Way Hyannis, MA 02601 SPR 46-96 Cape& Island Steel, Airport Way, Hyannis) Proposal: Cape& Island Steel new office building. Dear Mr. Paulding, This Department is in receipt of the revised site plan revision date July 13, 1996 of the above mentioned project. The relocation of the septic tank and leaching area have been reviewed and approved by the Health Department. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Should you have any questions, please feel free to call. Respectfully, Ralph M. Crossen Building Commissioner f of B CAPE COD COMMISSION O 3225 MAIN STREET P.O.BOX 226 BARNSTABLE, MA 02630 y 'S (508)362-3828 `rsACH'U FAX(508)362-3136 E-mail:74260.3152 0 compuserve.com DATE: November 6, 1997 TR-97008/EX-97008 TO: Peter Mulvey,Trustee C/O Patrick M. Butler Nutter, McClennen and Fish,LLP 1513 Iyanough Road P.O. Box 1630 Hyannis, MA 02601 FROM: Cape Cod Commission RE: Cape and Islands Steel APPLICANT: Peter Mulvey,Trustee Airport Way Nominee Trust 200 Airport Way Hyannis, MA 02601 PROJECT: Cape and Island Steel Building Barnstable, MA PROJECT#: TR-97008/EX-97008 BOOK/PAGE: Book 446, Page 3 Map 312, Parcel 8-H00 DECISION OF THE CAPE COD COMMISSION SUMMARY The Cape;Cod Commission(Commission) hereby approves with Conditions the Development of Regional Impact application of Peter Mulvey,Trustee of Airport Way Nominee Trust pursuant to the Cape Cod Commission Regulations of General Application, Chapter A, Section 3(e), Barnstable County Ordinance 94-10. The Applicant has also filed a DRI Exemption application under Section 12(k) of the Cape Cod Commission Act. This DRI Exemption application was withdrawn by the applicant at the November 6, 1997 Cape Cod Commission meeting. This Decision is rendered pursuant to a vote of the Commission on November 6, 1997. PROTECT DESCRIPTION The project consists of the proposed construction of a 40,000 sq. ft. steel fabrication building and an associated 3,000 sq. ft. saw house on a 12.47-acre parcel located on Airport Way in Barnstable. There is an existing 4,995 sq. ft. office building on the project site which is not part of this project. The company also currently owns and operates an existing steel fabrication business on an adjoining parcel. PROCEDURAL HISTORY On May 28, 1997, the applicant filed a DRI Exemption application. The project was referred by Cape &Islands Steel TR-97008/EX-97008 DRI Decision 2 Mr. Ralph Crossen, the Barnstable Building Commissioner, as a DRI on May 29, 1997. The referral was received by the Cape Cod Commission on May 30, 1997. A letter dated June 3, 1997 was sent to the applicant informing them of the intent to review the project as a DRI. Commission staff met in conjunction with the Barnstable Site Plan Review on June 19, 1997 as a Joint Review under a Memorandum of Understanding between the Commission and the Town of Barnstable to discuss the proposed project. A letter was sent to the applicant dated June 11, 1997 indicating that the DRI/DRI Exemption application was incomplete. A site visit was held on July 9, 1997. A Hearing Officer opened and continued a public hearing on the project on July 16, 1997. A letter dated July 16, 1997 was sent to the applicant indicating that the DRUDRI Exemption application was incomplete. A Hearing Officer opened and continued a public hearing on August 4, 1997. A letter dated August 22, 1997 indicated issues which remained unresolved and noted the DRUDRI Exemption application was incomplete. The letter also noted the 90-day DRI time period ended on October 14, 1997. In a letter dated September 23, 1997, the applicant was informed that the DRI/DRI Exemption application was sufficiently complete to hold a public hearing. A duly noticed public hearing was held on October 14, 1997. At this hearing, the Subcommittee voted to instruct the staff to draft findings, to close the DRI hearing but leave the record open and to hold a public meeting on October 28, 1997. At this meeting, the Subcommittee voted to recommend denial of the DRI Exemption application to the full Cape Cod Commission. The Subcommittee also voted to recommend to the full Cape Cod Commission approval with Conditions of the DRI application. On November 6, 1997, the full Commission opened a public hearing on the DRUDRI Exemption application. At this hearing, the applicant withdrew the DRI Exemption application from before the Cape Cod Commission. At this hearing, the full Commission voted to approve with Conditions the DRI application. MATERIALS SUBMITTED FOR THE RECORD A Materials Submitted by the Applicant: DRI Exemption application 5/28/97 -fee, application form, Massachusetts Historical Commission notice,locus map, abutters list, deed,Barnstable site plan application form, site plan (one large size), site plan showing septic design(one large size) Locus map 6/19/97 Letter, from Attorney Butler, concerning hearing date 7/14/97 Letter, from John Paulding, to Commonwealth Electric 7/18/97 Letter, from Sam Park and Associates, traffic information 7/28/97 Letter, from Attorney Butler 7/29/97 -MSDS sheets,clarification that project is not on Lot 8-1, copy of site plans reduced to 11 x 17,memo on company safety policies Letter,from Attorney Butler, additional application information 8/11/97 -Hazardous Materials Users Registration Form, site plan showing edge of clearing, note that negotiations ongoing with Commonwealth Electric Letter, from Attorney Butler, additional application information 9/19/97 -noted updated Hazardous Materials Registration Form would be filed,provided additional MSDS sheets Letter, from Attorney Butler to Natural Heritage Program 9/24/97 Letter, from Attorney Butler, new information about project 10/14/97 Copy,Building Permit for office building (by hand) 10/14/97 Copy, summary sheet of project issues (by hand) 10/14/97 Letter, from Attorney Butler, discussion of zoning issues, draft Findings,proposal to provide about one acre of open space (by hand) 10/23/97 Cape &Islands Steel TR-97008/EX-97008 DRI Decision A3 3 Letter, from Attorney Butler, copy of Article 39 (fax) 10/24/97 B. Materials Submitted by the Cape Cod Commission: 5/30/97 DRI Checklist Letter,to Attorney Butler, intent to review 6/3/97 Fax cover sheet, to Town, Attorney Butler 6/4/97 Memo, selection of Subcommittee 6/5/97 -locus map, referral form Memo,to Ralph Crossen,joint meeting with Town 6/5/97. Memo, to Subcommittee, about joint review 6/ Notice,joint meeting with Town 6/10/90/97 Letter, to Attorney Butler, application incomplete 6/11/97 Site visit notes and two polaroid photos 7/9/97 Letter,to Attorney.Butler, application incomplete 7/16/97 Notice,public hearing 7/16/97 Memo,to Subcommittee, recent correspondence 7/16/97 Minutes,Hearing Officer 7/16/97 Water Resources comments 7/30/97 Notice,public hearing 8/4/97 Minutes,Hearing Officer 8/4/97 Fax,to Health Department,list of hazardous materials 8/19/97 Letter,to Attorney Butler,unresolved project issues 8/22/97 Memo,transportation comments 8/22/97 Table,estimate of transit cost calculation 9/18/97 Memo,to Subcommittee,hearing 9/19/97 Letter,to Attorney Butler, application sufficiently complete for hearing 90�/97 97 Staff Report 10n197 Subcommittee Update/Draft Findings /23/97 Natural Resources comments Undated C. Materials Submitted by the Town: 5/30/97 DRI Referral form /97 Comments from Planning Department to Site Plan Review 6/16/12/97 Notice,joint meeting with Commission /19/97 Site Plan Review notes of joint meeting with Commission 6/19/9 Hyannis Fire Department, site inspection notes 6/97 D. Materials Submitted by the Public: Barnstable Water Company,concerns over hazardous materials 7/7/97 Letter, Commonwealth Electric, concerns over easement 7/11/97 Letter,to Attorney Butler,Massachusetts Aeronautics Commission 10/9/97 Letter, to Commission,MA Aeronautics Commission 10/15/97 E. Materials Submitted by the State None submitted The application materials, and notices of public hearings relative thereto,the Commission's Staff Reports and exhibits,Minutes of all hearings and meetings and all submissions received in the course of the proceedings,including all materials submitted on file TR-97008 and EX-97008 are Cape &Islands Steel TR-97008/EX-97008 DRI Decision 4 incorporated into the record by reference. TESTIMONY Public Hearing of 10/14/97 Attorney Patrick Butler,representing the applicant described the project using a handout and a colored site plan. Mr. Broidrick asked if the large wooded area on the site would be placed under a permanent conservation restriction. Attorney Butler responded that it would not be placed under a conservation restriction. Mr.Broidrick questioned where the Commonwealth Electric easement was on the site. Attorney Butler noted the location of the easement on the site plan. Mr. O'Leary questioned what the easement meant to the project going forward. Attorney Butler said one possibility was that the easement be placed underground. Mr. Paulding said he was negotiating to buy out the easement. Mr. O'Leary questioned whether a building could be constructed in the easement. Mr. Paulding said he could construct a building in the easement area if he bought out the easement rights. Attorney Butler said construction could occur with the permission of Commonwealth Electric. He said if no agreement was reached with Commonwealth Electric,the applicant would move the building out of the easement area. Mr. Kaufman noted the letter that had been received from Commonwealth Electric expressing concern about the proposed project. Mr. Kaufman also suggested that the bottled compressed gases,particularly the oxygen and acetylene be stored outside in a secure area. Mr. Paulding noted the bottled compressed gases are stored in a fenced, locked area outside. He said the bottles were secured to a dolly when in use. Mr.Wightman questioned where the endangered species were located on the site. Mr.Butler said the site or a portion of it was within rare and endangered species habitat as mapped by the Natural Heritage program. He noted the applicant sent a copy of the site plan showing the edge of clearing to the Natural Heritage program. Ms. Adams noted that she had contacted the Natural Heritage program this afternoon. She said that Natural Heritage was waiting for further information from the applicant before they could provide comments. Mr. Broidrick questioned whether the electric lines could be placed underground. Mr. Paulding said this was still under discussion but it should not be an engineering issue. Mr. O'Leary questioned whether a variance was needed. Attorney Butler noted that at the time of the initial site plan review meeting,the issue of a variance was raised in a Planning Department memorandum. He said the Building Commissioner had Cape&Islands Steel TR-97008/EX-97008 DRI Decision r 5 clarified the business was an allowed use under zoning. Ms. Adams confirmed that the Building Commissioner had indicated the use was permitted within the Industrial Limited zone as light manufacturing and assembly. Mr. O'Leary suggested the hazardous materials and waste issues needed to be carefully looked at. He noted the Staff Report questioned whether the company was registered with the DEP as a hazardous waste generator. Attorney Butler said that Barnstable Site Plan Review had asked for information on what hazardous materials were in the existing business. Mr. O'Leary questioned whether the new project and the existing business were linked. He questioned whether the applicant was separating out hazardous materials from the existing business and transferring them to the new business so as not to trigger a threshold. Attorney Butler suggested the proper way to look at the project would be to look only at the new buildings. He said the applicant noted at site visit the existing uses and what uses might be transferred to the new site. Mr.Wightman questioned whether there would be hazardous materials or wastes associated with the proposed project which would be stored elsewhere and not on the project site. Mr. O'Leary said he thought the economic development points raised were important. He also noted the applicant had indicated a willingness to place the large wooded area under a permanent conservation restriction. Attorney Butler noted the applicant was willing to expand the buffer at the rear of the site to approximately 60 feet. He noted the applicant was not proposing to place the large wooded area of the site under a conservation restriction. Ms. Adams presented the Staff Report. Mr. Kaufman questioned whether some of the hazardous materials concerns could be addressed by the Town. Ms. Adams noted that the Health Department requires users of hazardous materials to register. She said staff did not have a clear indication of how present hazardous materials use would change as a result of the proposed project. She indicated staff had sought clarification on this from the applicant. Mr. O'Leary asked the applicant for comments. Attorney Butler said the applicant had worked in good faith with staff to provide information about the project. He said that new issues had arisen in the past few weeks, such as the requirement to file with the Natural Heritage program. Attorney Butler said that with the proposed project,there would be a net decrease of hazardous materials used on the existing site. Mr. Paulding noted the new I-beam line would use.about 160 gallons of lubricants. He said the Cape &Islands Steel TR-97008/EX-97008 DRI Decision r 6 two proposed saws used about 20 gallons of lubricants each. He said Cape and Islands Steel was interested in finding a company to recycle the used lubricants. Mr. O'Leary said it was important to clarify whether the company was a Very Small or Small Quantity Generator of hazardous waste under DEP regulations. Attorney Butler said he did not believe the company was required to notify or register with the DEP. He said the company was willing to do this as part of the review process. Mr.Wightman noted it was important to consider the requirements of a DRI Exemption. He noted there were five public wells in the vicinity of the proposed project. He said this was a significant regional resource. Mr. Wightman said he felt the Staff Report raised valid points concerning the project that needed to be dealt with. Attorney Butler said he had met with staff this afternoon to try to resolve the project issues. He noted he had provided staff with additional clarification in the 10/14/97 letter. Attorney Butler said the applicant acknowledged the regional concern with respect to the public supply wells. Ms. Adams noted the paints and primers were hazardous materials was based on the current Materials Safety Data sheets submitted in September by the applicant. She said this was a reflection of materials currently in use by the company. Mr.Broidrick noted Staff Report indicated the proposed project would allow for a more efficient operation and would not substantially increase the amount of work conducted on the site. He noted that at the same time, the Staff Report stated the number of employees would increase in three to five years. Mr. Paulding said that the company has been decreasing the amount of hazardous materials used by limiting the amount of mineral spirits used. Mr.Broidrick noted that a DRI Exemption does not allow for conditions to be placed on the project. Mr. Broidrick noted that the applicant might sell the property to someone else who would develop it. Mr. O'Leary questioned whether the Commission's findings could be linked to Barnstable's site plan review. He noted that conditions could not be placed on a DRI Exemption. Attorney Butler stated findings could represent that the applicant would undertake certain activities in order for site plan review and approval to proceed. Ms. Adams noted that findings did not have the same weight as conditions. She noted that if the applicant chose not to build the project in conformance with the Commission's findings, the primary recourse for enforcement was through the court action. Mr. Kaufman said that the review of this project at the local level by Barnstable site plan review was not complete until the Commission had rendered its decision. He noted the Commission's decision with findings was taken into account by site plan review. Ms. Adams noted that in some cases, such as for parking requirements, the Commission may defer Cape &Islands Steel TR-97008/EX-97008 DRI Decision r 7 to local requirements. She noted local approvals should not be inconsistent with findings in the decision. Attorney Butler noted that on a recent previous project, findings were drafted to ensure items were brought to the attention of site plan review. Attorney Butler stated the applicant had to bear part of the responsibility for providing information to the staff so it could be communicated clearly to the Subcommittee. Mr. O'Leary questioned whether the company was below the DEP's threshold for a Small Quantity generator. Attorney Butler said he did not know definitively,but he believed that the company was below the threshold. Mr.Wightman said he was concerned about the exemption. He noted the applicant had represented the proposed new project would involve 245 gallons of hazardous materials. He said if the project was exempted,the applicant would have to ensure that no additional hazardous materials were used or stored at the site. Mr. Kaufman stated he did not think that the Commission could insure that this level of hazardous materials use did not change. Mr.Wightman said that a condition could be placed on the project to restrict it to a certain level of hazardous materials use. Attorney Butler noted that Barnstable zoning prohibited certain types of materials in Wellhead Protection Districts and limited the quantity of other types of materials. He noted that these restrictions keep the company below a certain level of hazardous materials use. Mr.Wightman said that it was important to monitor the company's use of hazardous materials. He said in some cases it was more appropriate for the project to go forward as a DRI because of the conditions. Attorney Butler noted that the Health Department was a member of site plan review. He also stated he would clarify whether the company needed to register with the DEP as a Small Quantity generator of hazardous waste. Attorney Butler said he believed the entire business fell below the threshold for hazardous waste generators. Ms. Adams noted that hazardous waste generated by both the existing business and the proposed new business would be counted toward the company's status as a hazardous waste generator. Ms. Pommrehn, a transportation engineer, noted that the applicant had presented information concerning the traffic generated by the company. She noted traffic with the proposed project was expected to increase as much as 9 AM peak hour trips and 8 PM peak hour trips. She noted that as proposed, the project was not expected to increase traffic on the regional roadway system significantly. Ms. Pommrehn noted that the applicant was proposing to pave the site drive and that they should work with the Town concerning any roadwork/road opening permit. Attorney Butler noted that the Town Engineer was willing to work with the applicant concerning Cape&Islands Steel TR-97008/EX-97008 DRI Decision I 8 paving the driveway and any road opening permits. Mr. O'Leary asked for comments from the staff. Ms. Adams noted there were a number of outstanding issues which needed to be resolved. She noted that no comments had been received concerning the site from the Natural Heritage program and the project's impacts on rare/endangered species. Ms. Adams noted that the applicant was still in negotiations with Commonwealth Electric concerning the easement area. Attorney Butler said he would provide additional information to the Natural Heritage program. He noted the wooded area of the site was not proposed to be disturbed as a result of the proposed project. Attorney Butler said the applicant was still in negotiations with Commonwealth Electric. Mr. O'Leary asked what the next step in the process was. Ms. Adams noted the hearing was being held on the 90th day of the DRI period. She noted this meant that the hearing on the DRI had to be closed,but it did not preclude leaving the record open. She noted another hearing on the DRI could be opened if needed in the decision period. Mr. Kaufman moved that the DRI hearing be closed and that the record be kept open. Mr. Broidrick seconded the motion. The Subcommittee voted all in favor of the motion. Mr. O'Leary moved that the Subcommittee hold a public meeting for the purpose of instructing the staff on how to proceed. Mr. Kaufman seconded the motion. The Subcommittee voted all in favor of the motion. Public Meeting of 10/14/97 The public meeting began at 8:00 PM. Mr. Kaufman asked if the issues raised could be resolved. Ms.Adams said comments from the Natural Heritage program depended on their staff schedule and additional information from the applicant. She said it was also unclear how long it would take the applicant to resolve the negotiations with Commonwealth Electric. Mr. Kaufman said some of the issues could be resolved. He noted if the negotiations with Commonwealth Electric were unsuccessful, the proposed new buildings would be moved south, out of the easement area. Mr.Broidrick said that other issues were important to the exemption question. Mr. O'Leary noted the project was on an existing site. He noted the fundamental issue for him was proper handling and storage of hazardous materials. Mr. Kaufman felt the issues could be resolved. He said that if negotiations with Commonwealth Electric fail, the applicant will move the building. He felt a finding could address issues related to hazardous materials. Mr.Broidrick noted that new employees would use the existing septic system on the adjacent Cape &Islands Steel TR-97008/EX-97008 DRI Decision 9 parcel, which would result in additional nitrogen loading. Mr.Wightman noted that the Natural Heritage program comments were still outstanding. He questioned what triggered the involvement of the Natural Heritage program. Attorney Butler stated that the Natural Heritage program had been notified and the applicant could provide Natural Heritage with additional information if it was required. Mr. O'Leary suggested most issues could be addressed through findings. Ms. Adams noted that the only way to place restrictions or conditions on a project was through a DRI decision. She noted that a DRI Exemption could not place conditions on a project. Ms. Adams said that the Commission did indeed have the ability to limit the quantity of hazardous materials used by a company through a DRI decision. She noted the Commission had in fact placed limits on the use of hazardous materials in past DRI decisions. Mr.Wightman noted that the Commission has placed limits on the amount of hazardous materials used by companies in DRI projects. He said this related to his earlier point about whether the issues could be addressed through DRI conditions. Mr.Broidrick noted the ability to limit the quantity of hazardous materials was in the Regional Policy Plan. Attorney Butler noted there was strict enforcement of site plan review conditions. He noted that the Building Commissioner could revoke the occupancy permit for any violations of the conditions placed on the project by site plan review. He also noted the Barnstable Health regulations placed requirements on the use and storage of hazardous materials in Wellhead Protection districts. Ms. Pommrehn noted that if the project was a DRI,the applicant would also need to address the 20% trip reduction standard. She noted the applicant would need to supply additional information for determine how this standard could be addressed. Attorney Butler suggested that the potential mitigation costs to address the 20% trip reduction standard was significant: approximately$36,00.0. Ms. Pommrehn noted the figure quoted was an estimate. She noted it was based on use of a transit equivalent cost calculated by staff. Ms. Pommrehn noted that if the project was deemed a DRI, the applicant could address the 20% trip reduction standard through other ways including shift changes and pavement marking. Ms. Adams noted the applicant could file a DRI Hardship Exemption if they felt that the application of certain requirements of a DRI decision, such as addressing the 20% trip reduction standard, would pose a hardship. Mr. O'Leary noted that findings needed to be drafted describing what the applicant had represented. Ms. Adams suggested the Subcommittee could instruct the staff to draft findings to be reviewed at Cape &Islands Steel TR-97008/EX-97008 DRI Decision I 10 a subsequent meeting. Mr.Broidrick made a motion to instruct the staff to draft findings working with the applicant for the Subcommittee to review to.be distributed no later than October 24, 1997. Mr. Wightman seconded the motion. The Subcommittee voted all in favor of the motion. Mr. O'Leary moved that the Subcommittee hold a meeting on Tuesday, October 28, 1997 at the Commission offices. Mr. Broidrick seconded the motion. The Subcommittee voted all in favor of the motion. Public Meeting of 10/28/97 Mr. O'Leary opened the public meeting at 5:10 pm. He asked the Subcommittee for comments on the draft Findings. Mr.Broidrick suggested the company as a whole should be considered in the DRUDRI exemption review. Attorney Butler said that it would be possible for the Commission to consider the existing business and the proposed new buildings. He noted the applicant had filed a DRI exemption application based on the impacts of the new buildings. Mr. Kaufman questioned what hazardous materials were on hand in the existing business. Ms. Adams,the Commission's Hazardous Waste Planner noted that the new project alone would use about 245 gallons of hazardous materials. She said that the company as a whole used approximately 650 gallons of liquid hazardous materials. Attorney Butler said the applicant had provided additional updated information. He noted the applicant had investigated contacting the DEP as a hazardous waste generator. Ms. Adams noted that if the Commission would like something to occur as a result of the development project for any issue are,the Commission should place a Condition on the project as part of a DRI approval. Ms. Sferra addressed open space issues on the project. She noted that as the project was proposed, it is not in compliance with the RPP with regards to open space. Ms. Sferra said the staff had discussed open space issues with staff Counsel. She said it was suggested that the applicant be required to comply.with the open space requirements of the RPP and that the best way to do that would be through a DRI approval rather than to grant a DRI exemption. She noted that if the project was viewed as a re-development,which it probably would be given the condition of the site,the RPP requirement would be to maintain the existing % open space on the site. She noted that this was less open space than would be required if the project was viewed as new development. Mr. O'Leary asked for clarification on the open space requirements in the RPP for new development and re-development projects. Ms. Sferra said that if the project was new development, it would be required to provide 65% of the site as open space because of its location in a Significant Natural Resources Area. She said that because the project is being viewed as redevelopment,the RPP includes an incentive for Cape &Islands Steel TR-97008/EX-97008. DRI Decision 11 redevelopment. Ms. Sferra noted that redevelopment projects are required by the RPP to maintain the existing % of open space up to an amount. Ms. Sferra noted the existing % of open space for this project was approximately 58% of the site. She noted that the existing open space would need to be placed in a conservation restriction to be in conformance with the RPP. Attorney Butler said noted the staff was recommending that 58% of the site or about 8 acres be permanently restricted as open space through a conservation restriction. He said this would not allow the applicant to use the land for purposes other than those allowed by the conservation restriction. He noted that the Commission had granted exemptions to the F.W. Webb and Womens' Body Shop projects without land being placed in a conservation restriction. Mr.Wightman questioned whether it was staff s recommendation that the RPP's open space standard needed to be met in determining whether an exemption was warranted. He also questioned whether the staff was recommending that the issue was better addressed through a DRI approval with conditions. Ms. Sferra noted that staff had discussed these questions. She said it was staff s position that the staff and Commission should look to whether the RPP was being met by a project to determine whether or not it was likely to have a regional impact. She noted this was the standard the Commission had used in the past. Mr.Fox noted that staff agreed that the standard for a DRI exemption was whether or not the project had regional impacts outside of the municipality its located in. He said the Commission and staff looked toward regional resources and issues when making a recommendation about whether or not a project should get a DRI exemption. Mr. Fox said the staff looks to the RPP and Minimum Performance Standards when considering an exemption request. He said the Commission has granted DRI exemptions in the past when it has felt that most of the MPS have been reasonably addressed by an applicant. He noted that staff did not feel this was the case in the Cape and Islands Steel project. Attorney Butler said that the F.W.Webb and Womens' Body Shop projects included open space issues and % of open space. He said the Cape and Islands Steel project could address its open space issues in the same way. Ms. Sferra said the RPP had a two-part standard for open space on redevelopment projects. She emphasized the RPP's first standard for redevelopment projects is that they shall maintain the existing percentage of open space on the site. She said that the second, separate standard in the RPP for redevelopment projects that the percentage of open space provided shall in all cases not be less than 30%. She noted that the existing percentage of open space on the Cape and Island Steel site was 58%. Mr. O'Leary said the staff had noted that in the past,they have looked to the RPP and the standards in the RPP to see if the project meets these standards when making a determination about whether the project qualified for a DRI exemption. Ms. Sferra said staff felt it was appropriate to consider conformance with the Minimum Performance Standards of the RPP when discussing this project. She also noted it was appropriate for the Subcommittee to consider the site in question. As and example,Ms. Sferra said the F.W. Webb site did not have any naturally-vegetated land left on it. She said the Subcommittee on the Cape &Islands Steel TR-97008/EX-97008 DRI Decision I 12 F.W.Webb project was considering landscaping as the vegetated part of the site, and it would not be appropriate to consider a conservation restriction on landscaped areas. Mr. O'Leary questioned whether there was flexibility in how the RPP standards could be applied. Mr.Fox said the criteria for a DRI exemption is whether or not the project presents regional impacts outside of the municipality in which it is located. He said the staff and Subcommittee looks toward the RPP when making that determination. Mr. Kaufman questioned what the difference was in acres between what the applicant was proposing and what the staff recommended as appropriate. Attorney Butler said the applicant's position was that the RPP standards required 30% of the site to be set aside as permanent open space. He said the applicant wanted to maintain the ability to develop the site in the future. He said Barnstable zoning required 50% pervious coverage and 30% in its existing condition. Attorney Butler said the applicant's proposal was to restrict approximately 62,100 square feet of land or about 1.5 acres on the site as permanent open space. Mr. Broidrick noted the applicant would be required to retain 30% of the site as open space anyway according to local zoning. Attorney Butler noted that zoning required 30% of the site to be in open space but that zoning did not require that 30%to be permanently restricted. Attorney Butler suggested the applicant might be willing to sell the wooded area to another project as the open space for that other project. Mr.Broidrick noted that if the applicant sold the wooded area in the future to another project as its open space, the Cape and Islands Steel project would not have any open space to satisfy conformance with the RPP. Mr. O'Leary asked for comments from the staff on the applicant's open space proposal. Ms. Sferra said that in response Mr. Sumner's question,the open space requirement under the RPP would be about 7.2 acres. She said the applicant was proposing about 1.4 acres. Mr. Fox noted it was staffs recommendation that if the Subcommittee wanted to restrict land and preserve it as open space, that this should be done through a condition of a DRI approval and not through findings and a DRI exemption. Attorney Butler said the applicant's position was that the RPP's requirement for open space on this project was 30% of the site. Mr. Fox noted that if the Subcommittee did not approve the DRI exemption, they could still approve a DRI with conditions. Attorney Butler noted the site would be subject to zoning and the Wellhead Protection District regulations of Barnstable. He said the applicant felt these were sufficient protection. Mr.Wightman questioned whether there were regional issues with respect to open space. Cape&Islands Steel TR-97008/EX-97008 DRI Decision f 13 Ms. Sferra noted that the criteria for a DRI exemption was an impact on regional resources and impacts in other municipalities. Mr.Broidrick suggested the applicant could provide off-site open space as a way of meeting the RPP's standards. Attorney Butler said that if the project was deemed to be a DRI, the applicant could provide land on site as permanent open space through a conservation restriction, could provide off-site open space or could make a cash contribution. He said the applicant did not believe the project was a DRI. Mr. Kaufman asked the staff to comment on the natural resources impacts. Ms. Sferra said the staff was concerned about a possible DRI exemption for this project. She noted the site was located in an identified area of rare natural species habitat. She noted Commission staff had not received comments from the Natural Heritage Program. She noted staff felt there was an opportunity to protect a contiguous piece of open space. Ms. Sferra said that the Commission is concerned about forested habitat on the Cape and noted the site was in a Significant Natural Resources Area as mapped by the Commission. She noted the RPP's requirement for redevelopment in a Significant Natural Resources Area is that the project maintain the existing percentage of open space. Mr.Broidrick suggested the Subcommittee had discussed the issues enough to deny the applicant's DRI exemption request. Mr. O'Leary suggested issues related to hazardous materials and water quality remained to be discussed. Ms. Adams noted impacts to groundwater quality and drinking water supply were other important regional resources for the Subcommittee to consider in reviewing the DRI exemption request. She suggested a representative from the Barnstable Water Company was available to address some of the findings related to hazardous materials and protecting groundwater quality. Mr. O'Leary asked Mr. Wadsworth if he had any comments. Mr.Wadsworth, President of the Barnstable Water Company introduced himself and Mr. Bagley of Horsely and Whitten who was also at the meeting and who had assisted Mr.Wadsworth in reviewing a past release of hazardous materials on a site adjacent to the Cape and Islands Steel site. Mr.Wadsworth said the previous spill had caused the shut-down of the Airport Well. Mr. Wadsworth said it was important to make sure that hazardous materials were appropriately managed to prevent any impacts to the well. Mr.Wightman asked if the Cape and Islands Steel site was within a Zone H to the Airport Well. Mr.Wadsworth said the project site was in a Zone II to the Airport Well. He noted that it was also in the 5-year time of travel distance to the Airport Well which is the Wellhead Protection District under Barnstable zoning. Mr.Wightman asked if Mr.Wadsworth was familiar with the proposed project. Cape&Islands Steel TR-97008/EX-97008 DRI Decision r 14 Mr.Wadsworth said he gathered that the project was not proposing to increase its use, handling or storage of hazardous materials. He noted his previous letter suggested the Commission look carefully at the control of hazardous materials. Attorney Butler said the applicant was not proposing to increase the hazardous materials used by the company with the project. He also said the project would result in a net decrease of hazardous materials and hazardous waste. Ms. Adams noted that the Subcommittee Update reflected the project as proposed to date: She suggested that the Subcommittee could place conditions on the project through a DRI approval which would limit the quantity of hazardous materials used. Mr. Kaufman disclosed that he was appointed to the Barnstable Board of Health. Attorney Butler said the applicant did not see any conflict with Mr. Kaufman's appointment to the Barnstable Board of Health. Attorney Butler noted he had additional information on hazardous materials and waste management. He distributed a copy of Article 39,Barnstable's Hazardous Materials Users ordinance. Attorney Butler noted the applicant had contacted the DEP about hazardous waste issues. Mr. Kaufman noted the Wellhead Protection District regulations limited the quantity of hazardous materials in these areas to no more than 50 gallons or 25 pounds dry weight. Attorney Butler noted Mr. Kaufman was correct. He said the company is a pre-existing non- conforming use under zoning. He said the Barnstable Building Commission was that so long as the project did not increase or expand the amount of hazardous materials,there would not be an expansion of a non-conforming use. Attorney Butler said the applicant would decrease the amount of hazardous materials used. Mr. Jim Begley asked Mr. O'Leary if he could ask the applicant for clarification. Mr. O'Leary asked Mr. Begley to proceed. Mr.Begley asked Attorney Butler if the applicant had information which showed the types and quantities of hazardous materials currently used,handled or stored by the company. He also asked if there was any change in the mix of hazardous materials. He noted a hazardous material of particular concern were solvents. Mr. Paulding, the applicant, responded that the company had undertaken steps to do away with paint thinners over the past 24 months. He said there was no anticipated increase in use of solvents. Mr. O'Leary asked the staff for clarification between findings and conditions. Mr. Fox noted that a finding cannot impose a requirement on an applicant. Mr.Wightman did not think that open space issues could be addressed through findings and were probably better addressed through a DRI approval with conditions. Ms. Sferra said the Town place conditions on a project in the Site Plan Review process which it Cape &Islands Steel TR-97008/EX-97008 DRI Decision f 15 has the authority to do. She said the Town would have a hard time requiring more open space that it had the authority to require, even if it was a finding of the Commission's decision that more was needed. Ms. Sferra said the Commission cannot condition a local board to require something it does not have the power to do. Mr.Wightman noted that the state also needed to approve the conservation restriction before it could be final. Mr. O'Leary noted the Subcommittee could also deny the DRI exemption but approve a DRI with conditions. Mr.Fox noted the application was both for a DRI and a DRI exemption. He said the 10/14/97 public hearing was on both. Ms. Adams noted the DRI hearing was closed on 10/14/97 with the record left open. Mr.Fox noted that the hearing on 11/6/97 before the full Commission had been noticed for both the DRI and DRI exemption. He said either a DRI approval or a DRI exemption could be addressed at the 11/6/97 hearing. Attorney Butler said the applicant had filed a DRI exemption application because the issues could be handled through local controls. He said the applicant could not agree to having the entire wooded area of the site placed under a conservation restriction as permanent open space. Mr.Wightman suggested it was easier to get a conservation restriction changed by the Legislature than Attorney Butler was suggesting. Ms. Sferra noted the Commission had reviewed projects where the ability to develop the site in the future was an issue. She noted that in these cases,the applicant had considered providing off-site open space or a cash contribution. Attorney Butler questioned whether the Commission had conditioned projects to provide a part of the open space area now and that the applicant has the option to decide by a date certain whether or not the remaining open space would be provide on site,off-site or through a cash contribution. Mr.Wightman suggested this had been considered for the Cape Cod National Golf project in Brewster/Harwich. Attorney Butler suggested the applicant was seeking this kind of flexibility from the Commission. Ms. Sferra suggested that if part of the open space was to be provided now as part of the DRI approval, the applicant would have to make a determination on how to address the remainder(on site, off-site or cash contribution) before the Certificate of Compliance was issued. Attorney Butler asked the Subcommittee to pause the tape for about 10 minutes to allow the applicant to discuss their position on open space. The tape was paused at 6:05 pm to allow the applicant and Attorney Butler to discuss a position on open space. At 6:15 pm,the tape was re-started. Cape &Islands Steel TR-97008/EX-97008 DRI Decision r 16 Attorney Butler said the applicant believed they could accept a DRI approval with conditions. Mr.Wightman asked for clarification from staff as to whether the Subcommittee had flexibility on the open space issues. Ms. Sferra said the extent to which the Subcommittee had flexibility was to use the RPP's flexibility clause. She noted the Subcommittee would have to find that the applicant's proposal would not be more detrimental to open space than would be allowable under the applicable Minimum Performance Standard. Attorney Butler said the applicant would propose to place 30% of the site under a conservation restriction as permanent open space now with the flexibility that during the time allowed to get a Certificate of Compliance from the Commission,that the applicant could provide additional permanent open space areas off site. He said that he was willing to work with the staff to work on this proposal. Ms. Pommrehn noted that a DRI approval with conditions also raised the issue of conformance with the RPP's 20% trip reduction standard. Attorney Butler said the applicant would look for flexibility from the Commission in meeting that standard as well. Mr. Kaufman moved the Subcommittee recommend to the full Cape Cod Commission that the DRI exemption be denied but that a DRI with conditions be approved for the project. He also moved that the Subcommittee direct staff to work with the applicant to craft DRI conditions related to open space. He further moved that the Subcommittee designate the Chair,Mr. O'Leary,to approve the final draft findings and conditions. Mr. Broidrick seconded Mr. Kaufman's motions. The Subcommittee voted all in favor of the motions. Commission Meeting of 11/6/97 Herb Olsen read the hearing notice. Ms. Adams,Project Planner, noted that a withdrawal statement was hand-delivered from Attorney Patrick Butler representing the applicant,Peter Mulvey. Tom Broidrick noting the Subcommittee vote recommending denial of the exemption request, moved to accept the withdrawal. The motion was seconded and unanimously voted. Attorney Butler provided a brief description of the project. Ms. Adams presented changes to the draft decision. Mr.Tamsky noted that two of the conditions seemed redundant. After discussion between members, it was agreed to delete one of the conditions. Ralph Crossen,Building Inspector for the Town of Barnstable, addressed the issue of enforcement before a certificate of occupancy was issued by the Town. Cape &Islands Steel TR-97008/EX-97008 DRI Decision 17 Attorney Butler remarked that this was his first DRI through the joint process and he found it very beneficial. He further noted that the benefits of the project outweigh the detriments, a good decision has been reached allowing flexibility,thanked the staff for their efforts in expediting the review and asked the Commission to vote to approve the decision. Mr. Broidrick moved to close the hearing and the record. Herb Olsen seconded the motion. The vote was unanimous. Mr. Broidrick moved to approve the DRI Application of Peter Mulvey, Trustee for Airport Way Nominee Trust for the Cape & Islands Steel Building,TR97008. Ken Brock seconded the motion. The motion was voted unanimously. JURISDICTION The proposed project qualifies as a DRI under the Cape Cod Commission Regulations of General Application, Chapter A, Section 3(e),Barnstable County Ordinance 94-10 (as amended): any development which is in excess of 10,000 square feet. The Applicant has also filed a DRI Exemption application under Section 12(k) of the Cape Cod Commission Act. The DRI Exemption application was withdrawn by the applicant on November 6, 1997. FINDINGS The Commission has considered the application of Mr. Peter Mulvey,Trustee of Airport Way Nominee Trust for the proposed construction of a 40,000 sq. ft. steel fabrication building and an associated 3,000 sq. ft. saw house on a 12.47-acre parcel located on Airport Way in Barnstable. Based on consideration of such application, the information presented at the public hearing and submitted for the record,the Commission makes the following Findings: GENERAL 1. The project was reviewed under the 1996 Regional Policy Plan. 2. The proposed project involves the construction of a 40,000 sq. ft. steel fabrication building and an associated 3,000 sq. ft. saw house on a 12.47-acre parcel in Barnstable, MA. 3. There is an existing 4,995 sq. ft. office building on the project site which was previously permitted by the Town of Barnstable. It is not part of the proposed project. 4. The site is zoned limited industrial (E,D-Limited) according to the Barnstable Zoning Bylaw. In a letter dated 10/14/97,the applicant indicated that the Barnstable Building Commissioner deemed the proposed project to be an allowed use in the limited industrial zone under Section 3.4.1(b) of the Zoning Ordinance. 5. The existing use on an adjoining parcel is non-conforming under Barnstable's Groundwater Protection Overlay zoning, specifically section 3-5.2(7) which prohibits any use in WP-Wellhead Protection Districts which"uses, generates or stores, including racking for re-sale, d volume or hazardous substances totalling at.any one time, more than fifty (50)g liquid twenty-five (25) pounds dry weight." It was the determination of the Barnstable Building Commissioner on 10/22/97 that the project would not need a Special Permit from the Barnstable Zoning Board of Appeals to expand a pre-existing,non-conforming use so long as the total quantity of hazardous materials and wastes used by the company did not increase or expand as a result of the proposed project. The applicant would be required to seek a Special Permit from the Barnstable Zoning Board of Appeals and a Modification of this Decision if the company wished to Cape &Islands Steel - TR-97008/EX-97008 DRI Decision 18 increase or expand the amount of hazardous materials or wastes. 6. Plans submitted with the DRUDRI Exemption application indicate that there is a Commonwealth Electric easement which crosses the northern end of the site. At the 10/14/97 public hearing, the applicant indicated that discussions related to relocating the easement are continuing. At the 10/14/97 hearing,the applicant stated the larger beam line building will be relocated to the south, out of the easement area,if negotiations with Commonwealth Electric could not reach a resolution ECONOMIC DEVELOPMENT 1. According to the application materials, the proposed project will create up to 20 new jobs within three to five years in accordance with the Regional Policy Plan's Development Review Policy 3.3.1 2. The company also currently owns and operates an existing steel fabrication business on an adjoining parcel. Information submitted in the application indicates that the proposed project will allow for a more efficient operation of the company. 3. At the 10/14/97 public hearing, the applicant indicated the proposed new structures would allow reuse and rehabilitation of existing buildings owned by the company. TRANSPORTATION 1. Information submitted in the application indicates that the number of employees is projected to increase from 60 to a maximum of 80 employees within three to five years. 2. The project site is located at the end of Airport Way, which is classified a Local Road in the Regional Roadway System. Airport Way turns into Mary Dunn Road, also a Local Road in the Town of Barnstable. Kidd's Hill Road, an Urban Collector is the most direct route to Exit 6 on Route 6. 3. Using both the Institute of Transportation Engineers (TTE) trip generation data and a traffic count at the existing site, traffic is expected to increase as much as 9 AM peak hour trips and 8 PM peak hour trips with an increase of 20 employees. As proposed,this project is not expected to increase traffic on the regional roadway system significantly. 4. The applicant stated that flatbed(22 foot long) and tractor-trailer trucks are used to deliver goods. Traffic counts showed two trucks during the AM peak hour and none during the.PM peak hour travelling to or from the existing site. The amount of truck traffic from the project will not increase significantly with the project. 5. During Joint Site Plan Review of this project,the Town of Barnstable Engineering Department noted that additional truck traffic on Mary Dunn Road would further deteriorate the pavement of the road. Mary Dunn Road is a Local Road in the Regional Roadway System south of Independence Drive, where few other businesses exist to generate traffic. The Town provided pavement condition data which indicates that the pavement condition of Mary Dunn Road in the vicinity of the project is fair. Significant repairs would be required to improve the condition of the pavement on this road. However, improvements to this roadway are not planned by the Town of Barnstable in the near future. 6. As part of the proposed project, the applicant will pave the existing gravel driveway shown in Cape&Islands Steel TR-97008/EX-97008 DRI Decision I I 19 the site plan dated 7/29/97. 7. The project may require a road opening permit from the Town of Barnstable Engineering Department to pave the existing gravel driveway. 8. Minimum Performance Standard 4.1.2.1 of the Regional Policy Plan requires that DRIB shall reduce project traffic by 20%. No estimate was provided by the applicant of the projected daily traffic from the project. As, such Commission staff estimate that an additional 80 weekday vehicle trips will occur with the project. This estimate is based upon the assumption that the PM peak hour trips (8 trips) reflect 10% of the daily site traffic. The 10% figure of 8 trips was extrapolated to reflect a full day. To satisfy MPS 4.1.2.1 of the RPP, daily site traffic must be reduced by 20% or 16 trips. 9. The applicant has indicated that Cape and Islands Steel, Inc. operates no more than 250 days per year. 10. The applicant has proposed to apply Minimum Performance Standard 4.1.2.2 to satisfy half of the trip reduction requirements of Minimum Performance Standard 4.1.2.1. The applicant has proposed to contribute $12,150 toward enhancing transit within the Town of Barnstable. This amount was determined using Commission Transportation Guidelines -Technical Bulletin 96-003 and reflects that traffic generated from the site occurs no more than 250 days per year. The proposed cash contribution of$12,150 may be reduced if the applicant demonstrates that the proposed trip reduction program eliminates additional trips. 11. The applicant has proposed to satisfy half of the trip reduction requirements of the Minimum Performance Standard 4.1.2.1 through implementing an employee incentive program for Cape& Islands Steel Inc. Due to the small number of trips (8 weekday trips) proposed to be addressed through an employee trip reduction program,the Commission finds this manner of satisfying half of the trip reduction requirement of the RPP acceptable. The applicant has proposed to include financial incentives and increased vacation time to encourage Cape&Island Steel employees to car- pool to work. WATER RESOURCES 1. The project site is located in a Zone H area and a WP-Wellhead Protection District according to Barnstable's Zoning Ordinance. The site is less than 1/2 mile directly upgradient of the Airport well site of the Barnstable Water Company and the existing non-conforming use involves the use of hazardous materials. 2. Plans and information in the DRI/DRI Exemption application indicated a new septic system would be constructed as part of the I-beam fabrication building. 3. Based on information in the application, the estimated nitrogen loading from the company with 20 new employees will be 2.28 ppm. 4. According to testimony by the applicant at the public hearing held on 10/14/97, the project will incorporate vegetated swales instead of the drainage basins shown on the plans submitted on 7/29/97 with the application materials. Cape &Islands Steel TR-97008/EX-97008 DRI Decision 20 HAZARDOUS MATERIALS and WASTES 1. According to the DRUDRI Exemption application,the company receives and fabricates steel I- beams at its existing facility. The existing facility is located adjacent to the proposed project site. Fabrication work involves cutting I-beams to length, punching holes in them, or fitting beams with clips according to work orders. The company also does limited welding and painting. 2. An inspection by the Hyannis Fire Department done in 1996 as well as testimony by the Town Engineer assigned to the project at the Joint Site Plan Review meeting held on 6/19/97 indicates the company used approximately 650 gallons of hazardous materials as of June, 1997. 3. The company will transfer 245 gallons of liquid hazardous materials for fabrication work to the new buildings. This includes 200 gallons of hydraulic fluid and 45 gallons of lubricants and gear oils. The total amount of liquid hazardous materials used at the existing site will remain at 405 gallons. 4. The total amount of liquid hazardous materials or hazardous wastes handled,used, stored and/or generated by the company will not increase over 650 gallons with the proposed project. 5. In a letter dated 10/14/97,the applicant stated there will be a net decrease in total hazardous materials used by the company as a result of the proposed project. 6. The company will continue to use limited quantities of compressed gasses, which are also classified as hazardous materials, in I-beam fabrication. These include liquid oxygen(4,800 cubic feet),"P gas (methyl-acetyl-propyl-propylene) (three 115 pound cylinders),bottled oxygen (250 cubic feet) and bottled acetylene (250 cubic feet). 7. According to the application, the company has an existing bermed hazardous waste storage area on the adjacent parcel to store waste associated with current operations.,In a letter dated 10/14/97, the applicant agreed to construct a new hazardous waste storage area on the project site for wastes generated by the beam line and saw house. 8. At the 10/14/97 public hearing, the applicant stated that the company is believed to qualify as a Very Small Quantity Generator of hazardous waste according to the applicable DEP hazardous waste regulations. 9. In a letter dated 9/19/97, the applicant stated the company would provide to the Barnstable Health Department an updated hazardous materials users Registration Form. NATURAL RESOURCES AND OPEN SPACE 1. The site is within a Significant Natural Resources Area,due to its location within a Wellhead Protection Area. The site has also been mapped by the state Natural Heritage Program as a "Priority Site of Rare Species Habitats and Exemplary Natural Communities." 2. The application materials and a site plan submitted on 8/11/97 indicate that a portion of the site (about 7.23 acres) is currently wooded and in its natural state (this area is noted on the plan as undisturbed). It is not proposed to be developed as part of the proposed project, however,the applicant indicated at the 10/14/97 hearing that he may wish to develop it in the future or use it as off-site open space for another development. . Cape&Islands Steel TR-97008/EX-97008 DRI Decision 21 3.The Regional Policy Plan requires that redevelopment projects within a Significant Natural Resource Area maintain the existing percentage of open space on the site as permanently restricted open space or shall provide off-site open space or make a cash contribution toward open space which offsets,by an equal amount, any reduction in open space. In order to comply with the Regional Policy Plan, the applicant would be required to provide 7.23 acres of permanent open space. The open space may also be provided on site, off-site or through a cash contribution. 4. In a letter dated 10/23/97,the applicant also confirmed an intent to provide sixty (60) feet of vegetated buffer at the rear(northern) end of the site. 5. At the 10/28/97 Subcommittee meeting,the applicant proposed to place 3.74 acres of the site under a conservation restriction as permanent on-site open space. This would include 60 feet of vegetated buffer at the northern end of the site as well as a portion of the undeveloped area of the site consisting of existing woodland cover. An additional 3.49 acres of open space will be provided pursuant to the conditions of this decision to meet the Regional Policy Plan's requirement. CONCLUSION Based on the above Findings, and the materials and testimony submitted for the record, the Commission hereby concludes: The probable benefit of the proposed project is greater than the probable detriment. This conclusion is supported by Economic Development Findings#1,#2 and#3 and Hazardous Materials Finding#5. As conditioned, the project is consistent with the Minimum Performance Standards of the 1996 Regional Policy Plan. The Cape Cod Commission hereby approves with Conditions the Development of Regional Impact application of Peter Mulvey,Trustee of Airport Way Nominee Trust for development of a 40,000 square foot I-beam fabrication building and a 3,000 square foot saw house pursuant to Sections 12 and 13 of the Cape Cod Commission Act,provided the following Conditions are met: CONDITIONS GENERAL 1. All Conditions shall be complied with as specified below in each Condition, or prior to issuance of a Certificate of Compliance. 2. The applicant shall obtain a Certificate of Compliance from the Cape Cod Commission or its designee before the local official responsible for issuing a Certificate of Occupancy may issue a temporary or permanent Certificate of Occupancy for any portion of the proposed project: 3. All plans listed in these Conditions shall become part of the record and any changes shall be approved by the Cape Cod Commission or its designee. 4. Prior to any development,the applicant shall either resolve negotiations with Commonwealth Electric concerning the easement area or shall relocate buildings out of the easement area. The applicant shall provide to the Cape Cod Commission proof of resolution of negotiations with Commonwealth Electric or a new plan which shows.how the buildings will be re-located outside of Cape &Islands Steel TR-97008/EX-97008 DRI Decision P 22 the easement area. 5. The applicant shall obtain all necessary local and State permits for this project. 6. The Cape Cod Commission, or its designee, shall have the right to enter onto the premises and inspect for compliance with these Conditions upon prior notice to the applicant. 7. Any subsequent construction, development or redevelopment proposals for the entire site shall be reviewed by the Cape Cod Commission as a Development of Regional Impact regardless of size. TRANSPORTATION 1. The applicant shall contribute a one-time cash payment of$12,150 to meet half of the requirement of the 20% trip reduction standard of the Regional Policy Plan. Said cash payment shall be held in a designated escrow fund by the Commission which shall be dedicated to the purposes of providing alternative modes of transportation within the town of Barnstable. Monies not expended within ten (10) years of the date of deposit shall revert to the Cape Cod Regional Transit Authority for general transit service expenses in the Town of Barnstable. The escrow fund shall be in a form and content which is satisfactory to Commission Counsel. If Cape and Islands Steel Inc. or subsequent occupants of the site generate traffic greater than 250 days per year, additional mitigation shall be required in a manner acceptable to the Commission. 2. To meet half the requirements of the 20% trip reduction standard of the Regional Policy Plan, the applicant shall develop and seek approval from the Commission for and implement an employee trip reduction program for Cape & Islands Steel Inc. to reduce site trips. Prior to issuance of a Certificate of Compliance from the Cape Cod Commission, the applicant shall provide the Commission with documentation of the components of the trip reduction program, participation in the program by existing employees and documentation showing how many vehicle trips are actually eliminated on an average weekday with the program. As part of the employee trip reduction program, the applicant shall set a goal of reducing site traffic by a minimum of 8 vehicle trips each weekday of the year. The applicant shall include as part of this program financial incentives and/or benefit incentives to reduce site trips. As part of the trip reduction program, the applicant shall monitor employee participation and provide to the Commission annually the total number of employees participating in the program, the total number of employees working at the site, the type and cost associated with each incentive, and the reduction in traffic to and from the site on an average weekday. If,prior to issuance of the Certificate of Compliance,the applicant demonstrates to the satisfaction of the Commission that the proposed trip reduction program results in an average weekday trip reduction of greater than eight(8) vehicle trips each weekday of the year, the Commission shall reduce the portion of the trip reduction requirement met through the$12,150 transit contribution and the applicant shall adjust the trip reduction program accordingly. Subsequent occupants of the site shall also implement this trip reduction program or its equivalent. Conformance with this Condition shall be an ongoing requirement to maintain the validity of the Certificate of Compliance. Cape &Islands Steel TR-97008/EX-97008 DRI Decision I 23 3. The applicant shall obtain any road opening or roadwork permits as may be required from the Town of Barnstable Engineering Department to pave the existing gravel driveway. The applicant shall provide a copy of said permit, if applicable, to the Cape Cod Commission. WATER RESOURCES 1. Prior to any development, the applicant shall conduct a Title 5 inspection of the existing septic system(s) on the project site and at the existing business on the adjacent parcel to verify that these septic systems are adequate to handle additional flows from additional employees working in the new buildings. A copy of the inspection report shall be provided to the Barnstable Health. Department. The applicant shall_correct any deficiencies in the existing septic systems based on the inspection. 2. The applicant shall utilize vegetated swales instead of the drainage basins shown on the plans submitted on 7/29/97 with the application materials for stormwater management from the proposed buildings. Prior to any development, the applicant shall submit for Commission review and approval a revised plan which shows vegetated drainage swales for stormwater management. HAZARDOUS MATERIALS and WASTES 1. The total amount of hazardous materials and/or wastes used, stored, generated, treated and disposed of as part of the company shall not exceed 650 liquid gallons or its dry weight equivalent at any given time. This limit shall exclude compressed gasses. 2. The applicant shall notify and/or register with the Department of Environmental Protection as a generator of hazardous waste in conformance with the requirements of 310 CMR 30.00. 3. The applicant shall handle, store and manage hazardous waste generated by the company in a manner consistent with the Massachusetts Hazardous Waste Regulations, 310 CMR 30.00. 4. The applicant shall store all hazardous materials and/or wastes in a bermed containment area. The containment area to be constructed shall include an impervious surface without floor drains. It shall also be under cover and shall include containment sufficient to account for 150% of the total volume stored there at any given time. 5. The applicant will retain a qualified,licensed hazardous waste hauler to remove accumulated hazardous waste according to deadlines established by 310 CMR 30.00. 6. Prior to any development, the applicant shall provide to the Barnstable Health Department and the Hyannis Fire Department an updated hazardous materials users registration form which reflects a company-wide inventory of hazardous materials and/or wastes. This information shall include hazardous materials and/or wastes used, handled, stored,treated and disposed of as a result of the proposed new buildings. NATURAL RESOURCES AND OPEN SPACE 1. Prior to any development on site, the applicant shall submit a final plan depicting at least 3.74 acres to be permanently restricted as open space. This area shall include 0.26 acres at the rear (northern) end of the site plus 3.48 acres completely located on the undeveloped wooded area generally shown on the site plan. 2. Prior to any development on the site, the applicant shall provide the Cape Cod Commission Cape &Islands Steel TR-97008/EX-97008 DRI Decision 24 with a conservation restriction (subject to MGL, Section 184, Sections 31-33)to be reviewed and approved by Commission Counsel. 3. Prior to issuance of a Certificate of Compliance, the conservation restriction as approved by Commission Counsel and the accompanying plans shall be recorded at the Registry of Deeds or Land Court with proof of recording provided to the Cape Cod Commission. The conservation restriction shall also cover the open space area depicted on the final plan noted in Natural Resources and Open Space Condition#1, above. In the alternative,the applicant may, prior to obtaining a Certificate of Compliance from the Cape Cod Commission, satisfy this Condition through one of the other methods described in Minimum Performance Standard 2.5.1.3 of the Regional Policy Plan, subject to review and approval by the Cape Cod Commission. 4. Prior to any development affecting or within the undisturbed area shown on the site plan dated 8/11/97, or prior to using this land as off-site open space for another development subject to Cape Cod Commission approval, the applicant shall provide an additional 3.49 acres of land as permanently restricted on-site open space or shall satisfy this Condition through one of the other methods described in Minimum Performance Standard 2.5.1.3 of the Regional Policy Plan. Any additional on-site open space areas shall be contiguous to the open space areas referenced in Natural Resources and Open Space Conditions#1,#2 and#3, above. The Cape Cod Commission hereby approves with Conditions the Development of Regional Impact application of Peter Mulvey,Trustee of Airport Way Nominee Trust for development of a 40,000 square foot I-beam fabrication building and a 3,000 square foot saw house on Airport Way in Barnstable pursuant to Sections 12 and 13 of the Cape Cod Commission Act. Vicky B06ut, Chair Date COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. da I OC- , Subscribed and;worn before me this y of 19 17 Name, Notary My Commission Expires: t�OV 9 a-O� Cape &Islands Steel TR-97008/EX-97008 DRI Decision IMPORTANT MESSAGE For p A.M. Day. 7 �� Time 1���5� P.M. Of Phone FAX Area Code Number Extension MOBILE Area Code Number Extension Telephoned Returned your call RUSH Came to see you Please call pecial attention Wants to see you Will call again Caller o hold, Message 16 Signed yniversar'48023 LITHO IN USA NOTES zrT file Edit Tools Help.. ; f plication 2782D, +s Applicarrt St�us C COMPLETE x l Or�raer: 177, 2i541�s L Department., 63f]l 'BU1L1�1'G.DEP.aRTh ENT T MLILWEY,v�ETER F TR t Project/Asti Catd -;CON�IERSI[7N N1STf7RY'FENTFt�1 T1ON Contractor Ct3NTiUFT(},R UN141+1GwN t ,. Description 1'_ f BR1C'ATING F T/CAPE&ISLANDS STEEL 315fiS} _t ' Business Desciitian - PropertyfUse' 'Non-carf�rtning Datesjsc Perrnrts � .. T` e StatusF _6s ed Re`strtn Carp actor Eee Total Un aid Amt YP r + �: �a �., ..�:.��� r-�..:, ...,a.• ., z��%'t v � �:-z' ,.�..� cam,_;�,�3a ''"'- � �...,«�::: ,� .� :a os....t'�. �€°� Total fees f�- Taal unpi 77 {}0 t jl g £ a } - r z, x Pyre ur des a�.. :( arJtestr Names Poro"titjs Sufi drs Te ct .., r-Hier ' a LLnpectrotK .roc,(atrursur v;s Crpen-17,77 41 :ter�s f, aerrnn` s:; �l .lnel�tr OVR ff v , r '� r 4 a R ]{ File .Edit Toots. Help �— Application 315 ri Applrcar�t 4 _ a- . Status F`"�, POMP ETE Ginner` 411� �r Ir , f RT Department 6S BBUILDING DEPARTMENT tAUt'4`EY;FETE;F TR Fr;3jEct Actiuii 27 E 9 COMMERCIAL, � � _ �m , �.. � �ntrctor, �ETERSCdi� BRUGE Desct-06n 1 1 STORY RICAT tJG '1Pi 1T�CAPEASLf ND5 TEE r :Busaness Descptio'n 2 Els Property/ e Non,:t rfff ning DateslN"r K Pe�nds ' e - i P Type Stags lssuec3 Ri;strtn Cor�trarrr ,Fee Total.. Unpaid MIME", - . I - A - Totdl#ees' .13r2 Taalu paizL v» k Site 4 y M; h. } Fare uis Haz"ixl�Rt es' Ers� SibS.rr3rs ?� Te � �.~ - ,' tern ,., . ,. Prior l lrsfir�r L, Inspactro rs _ i10l uns � Rieva t s t�lser nos �f E eir�in Flr r3�f el�ter� r �h e K l f e-,) 6/v� w - x File Edit Application ProjectlActi�ity Location., ;S Mun cip Owner App Status User Status 17683 NEW COMMERCIAL 180 AIRPORT WAY HYANNI MULVEY,PETER F TR ACTIVE ACTIVE APPLICATION a. 20065051 ELECTRIC COMM SERVICE 180 AIRPORT WAY [ HYANNI MULVEY,PETER F TR ACTIVE ACTIVE APPLICATION 27995 CONVERSION HISTORY PENTAMATIOI 180 AIRPORT WAY HYANNI MULVEY,PETER F TR COMPLETE CLOSED APPLICATION 31565 NEW COMMERCIAL 180 AIRPORT WAY HYANNI MULVEY,PETER F TR COMPLETE CLOSED APPLICATION 34540 PLUMBING RESIDENTIAL 180 AIRPORT WAY HYANNI MULVEY,PETER F TR COMPLETE CLOSED APPLICATION ; 34719 ELECTRIC RES.ADD/ALTER 180 AIRPORT WAY HYANNI MULVEY,PETER F TR COMPLETE CLOSED APPLICATION 34760 PLUMBING RESIDENTIAL 180 AIRPORT WAY HYANNI MULVEY,PETER F TR COMPLETE CLOSED APPLICATION 35546 GAS RESIDENTIAL 180 AIRPORT WAY HYANNI MULVEY,PETER F TR COMPLETE CLOSED APPLICATION 35710 ELECTRIC RES.ADD/ALTER 180 AIRPORT WAY HYANNI MULVEY,PETER F TR COMPLETE CLOSED APPLICATION 37880 CONVERSION HISTORY PENTAMATIOI 180AIRPORT WAY HYANNI MULVEY,PETER F TR COMPLETE CLOSED APPLICATION 40596 ELECTRIC RES.ADD/ALTER 180AIRPORT WAY HYANNI MULVEY,PETER F TR COMPLETE CLOSED APPLICATION 89826 ELECTRICAL COMMERCIAL 180 AIRPORT WAY HYANNI MULVEY,PETER F TR ACTIVE ACTIVE APPLICATION 91192 COMMERCIAL ADDITION ALTERATION 180 AIRPORT WAY HYANNI MULVEY,PETER F TR ACTIVE ACTIVE APPLICATION E' SearchlFilter7 v "-Record _.. File Edit' x" a':& 0 �� I Application ProjecklActivity"- Location ;S Municip:Owner App Status User Status i , + j 20064867 COMMERCIAL ADDITION ALTERATION 200 AIRPORT WAY ( HYANNI MULVEY,PETER F TR ACTIVE ACTIVE APPLICATION 1 20065052 ELECTRIC COMM SERVICE 200 AIRPORT WAY ( HYANNI MULVEY,PETER F TR ACTIVE ACTIVE APPLICATION 200704619 PLUMBING COMMERCIAL 200 AIRPORT WAY ( HYANNI MULVEY,PETER F TR ACTIVE ACTIVE APPLICATION 200705381 ELECTRICAL COMMERCIAL 200 AIRPORT WAY ( HYANNI MULVEY,PETER F TR ACTIVE ACTIVE APPLICATION 200705694 ELECTRICAL COMMERCIAL 200 AIRPORT WAY ( HYANNI MULVEY,PETER F TR ACTIVE ACTIVE APPLICATION 200706807 ELECTRIC COMM SERVICE 200 AIRPORT WAY ( HYANNI MULVEY,PETER F TR COMPLETE CLOSED APPLICATION 27726 SIGN 200 AIRPORT WAY HYANNI MULVEY,PETER F TR COMPLETE APPROVED NO INSPECT REQUIRE: €' 89354 GAS COMMERCIAL 200 AIRPORT WAY HYANNI MULVEY,PETER F TR COMPLETE CLOSED APPLICATION �a 77777777... g SearchlFilter � � � _ rRecord w " C 1 TOWN OF BARNSTABLE TEMPORARY CERTIFICATE OF OCCUPANCY PARCEL ID 312 008 H00 GEOBASE ID 40065 ADDRESS 180 AIRPORT WAY PHONE HYANNIS ZIP - LOT BLOCK LOT SIZE _ DBA DEVELOPMENT DISTRICT HY PERMIT 37880 DESCRIPTION FABRICATING PLANT/CAPE&ISLANDS STEEL (31565) PERMIT TYPE BTCOO TITLE TEMP. OCCUPANCY PERMIT CONTRACTORS: Department of Health, Safety i ARCHITECTS: and Environmental Services I TOTAL FEES: THE BOND $.00 ONSTRUCTION COSTS $.00 QA 753 MISC. NOT CODED ELSEWHERE 1 PRIVATE P C*,I'v. .gZ.AB ; MASS. ED MA'S BUILD SI N BY E _� DATE ISSUED 10/18/1999 EXPIRATION DATE 11/18/1999 TOWN OF BARNSTABLE g.a CERTIFICATE OF OCCUPANCY PARCEL ID 312 008 H00 GEOBASE ID 40065 ADDRESS 180 AIRPORT WAY PHONE HYANNIS ZIP — LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 37880 DESCRIPTION FABRICATING PLANT/CAPE&ISLANDS STEEL (31565) , PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: BOND $.00 Ok CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE 1 PRIVATE P: %v— * BARN3TABLE, MA83. �► I 1639. BUILDfNN' 16 BY DATE ISSUED 04/16/1999 EXPIRATION DATE � r- TO OF BARNSTABLE - _��. .11.fJT,1i 1*7V.7 .6.,GLF.`l.h..d, PARCEL lll 312 008' ii00 GEOBAS -P� 40.065, ADDIIESS 180 AIRPORT WAY' PHONE HYANNIS ZIP - LOT BLOCK LOTSIZE DBA.- "'`~-~„• D Eft WP ME'NT DISTRICT BY PERMIT - 31585 DESCRIPTION 1.--85TOR ' FABRICK.UING PLANT/CAPE/ISLAND: STEEL PERMIT TYPE BUILDC 'TITLE CONKERCIAL BUILDING CONTRACTORS: P.ETERSON, BRUCE Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $1 ,3 2-50 ITN BOND $_00 CONGTRUC'T'IO� COSTS $22511000.00 320 INDUSTRIAL MIG f�� y PRIVATE P;41)E��X_. * E ARNSTABM • {i MASS,1639. ��► BUILDIN IVISIQN" BY DATE ISSUED 06/15/1998 EXPIfWTION DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED APPROVED PLANS MUST BE RETAINED ON JOB AND FOR ALL CONSTRUCTION WORK: WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS j 2 2 i� 2 77 3 1 HEATING N PECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD�LTH I-2 i X OTHER: SITE PLAN REVIEW APPROVAL SPP���k�C� Gk WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVEDTHE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. /I ,% �> i -. � v � _ � � - z ,, } f , a TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION rA Ma -3 J� Parcel ®8.� V"p Application# Health Division Conservation Division. Permit# Tax Collector Date Issued b(p Treasurer Application Fee U U v Planning Dept. Permit Fee ��% Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address k f O e-,r— k x/ Y Village n W'k5 -TWLC M r Owner M 0 rPT-Al,,F X` NO tA xnl��'" Address C46Y Lt2 J�YAr 1 Y Telephone 5 D?d 3 6 L 2--1 a--I Permit Request e-61' o QS 73T M 4 6CCO Ati� L QOa f A :i Square feet: 1 st floor:existing proposed 2nd floor:existing proposed 1 Total new-, Zoning District Flood Plain Groundwater Overlay Project Valuation ® Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. I Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use 414 At OA Proposed Use BUILDER INFORMATION Name Lnf4-iL Q' t4-jrr CD ; Telephone Number IQ Address t o-7 Q �t �34 License# 0000 5W7 So iS Home Improvement Contractor# r M/A 6"L a Worker's Compensation# D_gZ(�-2 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 5Z GC) SIGNATURE DATE "j 1- Q, ' � r FOR OFFICIAL USE ONLY PYRMIT NO. s t , %ATE ISSUED MAP/PARCEL NO. , 1 ADDRESS VILLAGE i t OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION of FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. °ftNE TpwTown of Barnstable ti Regulatory Services i BAMSTABLE, MA� Thomas F.Geiler,Director i639• ♦0 �039 Building Division. Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder (, (UC e AAA C&Qk"QMVJ ,as Owner of the subject property herebyauthorize -C� tG l fG/�1 A)o act on behalf, , my in all matters relative to work authorized by this building permit application for. C) V (Address of Job) *S' ef OvWer Date Print Name Q TO RM&O W NERPERMIS S ION s. Town of Barnstable Regulatory gervices Thomas F.Geil@�y{� i p��{o LUu��riTR Q AM $- 58 " '"RNST ' Building Division y MASS.9. �q 039. ♦0 i01Ep �a Tom Perry Building Commissioner 200 Main Street, Hyamiis,MOB©�L6� j Office: 508-862-4038 Fax: 508-790-6230 COMPLAINT/INOUIRY REPORT Date: /Z/Z 06 Rec'd by: Complaint Name: C:t4Arz&6�s _$4Wl�- Map/Parcel �2 � Location M'4 Address: 335- l-/oUdU66-" <,<«� � Originator Name: ���� �`,/y(r:, Street: 3 3 S 1_�d000D(o 5F A- VS--, n'1 iq��s Village: rnlus State: Zip: Z64<? Telephone: S O O " -4 ZD 36,9 7 Complaint Description: -2: ouynl A eO W C,>O A (le C&A-r--_r77 b674_ 47- ;--t4- oOq—T-, 4 Ate/ l-AAi✓6 6t- 61WA/E0 QY Src Vl* �� 51 c,yr,- /4-;q-S 62FC-V OAPO-511-2�- Trf C�/7'i2�v Ta a-l/NE , 7V 4t/FlI- �_ �2 ��y OF Fi2aQi1 TffG l+2 �i4a 2 t-D �A�2a,J %S <7 -vst v6 iv A Z� rz 7,? IYl Y a 477xJk c=-� SEE s�'rct+ FOR OFFI E USE ONLY Inspector's Action/Comments Date: d �_o(Q Inspector: 9:�f p GCr L) c 2 2 LT Additional Info.Attached Q:forms:complaint fK pall 2 Z � i f � , y 6� ig� q�n a,-'t�j - S 175.29' N � - N M N TOWN'OF BARNSTABLE ZONING { ZONE I ND . L I M I TED 87,* SETBACKS FRONT - 50' SIDE - 30 REAR - 30' l , I � � PROPERTY LINES SHOWN HEREON a b WERE COMPILED FROM AVAILABLE M h PLANS OF RECORD AND DO NOT 3 REPRESENT AN ACTUAL SURVEY ' ON THE GROUND. �' a � ry THE DWELLING DEPICTED ON THIS b CIV PLAN WAS LOCATED ON THE GROUND BY SURVEY ON JULY 1. 1998 AND EXISTS AS SHOWN AS OF THE DATE OF LOCATION. THIS PLAN IS FOR PLOT PLAN PURPOSES ONLY AND NOT FOR RECORDING. DEED DESCRIPTIONS. 3 OR ESTABLISHING PROPERTY LINES. o THIS PLAN IS VOID IF NOT STAMPED AND SIGNED IN RED 543261 t S.F. 12. 47t AC. NOTE: a FOR TOTAL LOT SEE A PLAN RECORDED IN PLAN BOOK 407 PAGE 36. a OF M�ss9 : r y .. O C. G FRANKuA 01 WHITING N No.29869 9� s 9F�►STV�' J4��ao 95't S 87°07'00-E 500.24" p ) Cb Z PLOT PLAN I CERTIFY THAT TO THE BEST OF MY PROFESSIONAL IN KNOWLEDGE. INFORMATION AND BELIEF THE DWELLING SHOWN HEREON CONFORMS TO THE HORIZONTAL SETBACKS BARNSTABLE, MA . OF THE ZONING BY-LAW UNDER CHAP.40A SEC.7 OF THE SCALE: 1'-40' JULY 7. 1998 MASSACHUSETTS GENERAL, LAWS. EAGLE SURVEYING , INC 923 Routo 9A 1, Yotmruthport, MA. 02678 (808) 382-8132 (508) 432--8333 0 20 40 80 PROJECT NO. 96-252P2 '