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Home My WebLink About0790 IYANNOUGH ROAD/RTE132 - CCM CCC RENO & EXPANSION RE LIGHTING 1-7/7 774 CAPE COD MALL 2013 RENO/EXPANSION ----------------- 3225 MAIN STREET m P.O. BOX 226 BARNSTABLE, MASSACHUSETTS 02630 GAPE COD (508) 362-3828 ® Fax(508) 362-3136 • www.capecodcommission.org, COMMISSION TO: Town of Barnstable Town Clerk, Building Inspector,Town Planner, Planning Board, and DRI Liaison FROM: Gail Hanley, Clerk of the Commission SUBJECT: Cape Cod Mall Renovation and Expansion r Minor Modification Type 1 (dated January 15,2013)to the Development of Regional Impact Decision TR96025 .r DATE: July 30, 2013 Enclosed please find a copy of the Minor Modification Type 1 (dated July 29,2013)to the Development of Regional Impact Decision for the Cape Cod Mall Renovation and Expansion project that was approved by the Cape Cod Commission on July 29, 2013. Should you have any questions,please do not hesitate to contact our office. 3225 MAIN STREET P.O. BOX 226 BARNSTABLE, MASSACHUSETTS 02630 CAPE COD (508) 362-3828 ® Fax (508) 362-3136 o www.capecodcommission.org COMMISSION MINOR MODIFICATION TYPE #1 DATE: July 29, 2013 TO: Leo J. Fein, General Manager FROM: Cape Cod Commission SUBJECT: Modification of a Development of Regional Impact Decision dated January 29, 1998 and modified on September 22, 1998,August 30, 1999, October 7, 1999, March 12, 2001,November 17, 2008,March 3, 2009,September 4, 2009, January 1, 2010,August 30, 2012 and January 15, 2013 OWNER Contact: Leo J. Fein, General Manager Cape Cod Mall/Simons Malls 769 Iyannough Road, Hyannis, MA 02601 LOCUS: 769 Iyannough Road, Hyannis, MA PROJECT: Cape Cod Mall Renovation and Expansion(TR96025) BOOK/PAGE: Book 1357/Page 1143 Book 26819/Page 64035 Book 1357/Page 1152 Book 7942/Page 272 LOT/PLAN: Lot 1o/Plan 18367-D Cert. #73925 Lot--/Plan 35455-A' Cert. #44428 Lot 18/Plan 29992-E Cert.#73925 Lot 12/Plan 13216-I Cert. #124185 Lot 20/Plan 29992-E Cert. #73925 Lot 13/Plan 13216-I Cert. #124185 Lot 21/Plan 29992-E Cert. #73925 Lot 14/Plan 13216-I Cert. #124185 Lot 22/Plan 29992-E Cert. #73925 Lot 1i/Plan 13216-I Cert. #124185 Lot 26/Plan 29992-E Cert. #73925' Lot 1o/Plan,13216-I Cert. #124185 Lot 13/Plan 18367-D Cert. #73503 Lot 12/Plan 29719-B Cert. #78644 Lot 16/Plan 29992-D Cert. #41206 Lot 11/Plan 29719-B Cert. #78644 Lot 17/Plan 29992-D Cert. #41206 Lot 19/Plan 29992-E Cert.#108683 Lot 23/Plan 29992-E Cert. #73503 Lot 25/Plan 29992-E Cert. #104912 Lot 24/Plan 29992-E Cert. #39492/41206 Lot 27/Plan 29992-E Cert. #104912 Lot 2/Plan 34491-B Cert. #44869 LotA-i/Plan 21173-B Cert. #129187 Lot 1/Plan 34491-B Cert. #1377o8 LotA-2/Plan 21173-B Cert. #129187 Lot 14/Plan 29992-D Cert. #11983o Lot 94/Plan 17786-K Cert. #76834 Lot 15/Plan 29992-D Cert. #11983o Lot 49/Plan 17786-D x MODIFICATION OF DEVELOPMENT OF REGIONAL IMPACT DECISION Pursuant to Section 13 of the Cape Cod Commission(Commission)Enabling Regulations (Revised March 2013,with Revised Fee Schedule Effective July 1,2013),the Development of Regional Impact(DRI) decision dated January 29, 1998(as modified on September.22, 1998, August 30, 1999, October 7, 1999,March 12,20o1,November 17, 20o8, March 3, 2009, September 4, 2009,January 1, 2o1o,August 30, 2012 and January 15, 2013)for the Cape Cod Mall is hereby further amended as a de minimus Minor Modification Type#1 to allow the installation and use of new exterior lighting fixtures to replace and upgrade ones already on the site. The new exterior lighting fixtures include on-building and parking lot pole lights. The project is being undertaken by the Cape Cod Mall in conjunction with the Cape Light Compact. According to supporting materials submitted by the staff of the Cape Light Compact and its consultant, RISE Engineering, a division of Thielsch Engineering, and on which this Modification is based inter alia,the existing parking lot light heads will be replaced with new BETA Edge LED heads on the existing poles, resulting in a final fixture height of 30.0 feet, consistent with the 1998 decision,as amended. The replacement on-building mounted lights will be two different fully shielded full-cutoff LED wallpacks from MaxLite (MILLWP4oLED5oDS and the MILLWP7oLED5oDS). These fixtures are also consistent with the 1998 DRI decision as amended. A third type of on-building light,the FFLED39 by RAB Lighting is compliant with the original 1998 decision as amended because it will be used to illuminate an enclosed space. The existing white exterior fixtures that illuminate the compass rose feature on the facades will not be changed. All findings and conditions attached to the original DRI decision and subsequent modifications continue to apply except as modified herein. The replacement exterior light fixtures shall meet the standards and conditions for development set out in the above referenced decision,as modified previously and herein. MODIFICATION TO DRI DECISION AMENDED FINDING Community Character Finding I13: Exterior lighting, including any lighting for exterior signs,is consistent with Minimum Performance Standard 6.2.7 and the Commission's Exterior Lighting Technical Bulletin based a 8/22/12 letter from Daveta Associates Architects, 31 Upland Road, Somerville-,MA including a revised Front and Right Side Elevation drawing for the T-Murphy's Sports Bar showing goose-neck fixtures for sign lighting and one shielded downright over the main outside entrance. The proposed replacement pole mount heads from BETA, and MaxLite LED wallpacks and the proposed RAB on-building light are consistent with the MPS 6.2.7 and the Commission's Exterior Lighting Technical Bulletin. No changes are proposed or authorized to any other part of the Cape Cod Mall's exterior lighting design. Cape Cod Mall Renovation&Expansion- #TR96025 Modification Type#1—Replacement Exterior Light Fixtures 7/29/13-Page 2 of 4 j - 4 AMENDED CONDITIONS General Condition A5. The proposed Cape Cod Mall expansion shall be constructed in accordance with the.following plans, or other information, or as amended per condition#A.6 below: •Proposed Site Plans for Cape Cod Mall Renovation dated January 15, 1998, 52 sheets . • Proposed Site Plan w/Maximum Building Envelope dated January 15, 1998 • Proposed Planting Detail Sheet, CBA Landscape Architects dated January 26, 1998 •Notice of Intent plan submission, 11 sheets, dated December 19, 1997 •Main Pylon Sign Elevation,Arrowstreet,Inc. dated December 29, 1997 • Pedestrian Circulation Plan dated October 31, 1997 • Drawing set for T Murphy's Sports Bar,&Grille, drawings A-1 to A-7 and S-1,by Daveta Associates Architects, 31 Upland Road,Somerville, MA, dated 8/6/12, received by the Commission on 8/22/12 by Email from Michael Santos,APCON, Inc., as amended by an 8/29/12 Email from Michael A. Santos, President,APCON, Inc.which includes a Front and Right Side Elevation drawing(Sheet A-2),revised 8/27/12, and as amended for exterior lighting by an 8/22/12 letter from Daveta Associates Architects..:. = F` •Exterior lighting fixture cut sheets and other information provided as part of a June 25, 2013 Email from Nicole.Price Voudren, Cape Light Compact and Terrence Turner, RISE Engineering showing replacement pole mount fixture heads,two types of LED wallpacks and one other on-building mounted light from RAB Lighting No other changes to the Mall property are proposed or authorized as a result of this modification. Community Character Condition H7: Proposed site lighting shall be constructed in accordance with Site Lighting Plans,Initial and Maintained Light Levels with 3-s-height parking lot pole lights no taller/higher than 30.0 feet, 2 sheets,Johnson&Stover,dated January 15, 1998- Parking lot luminaires shall maintain a minimum of i footcandle and a maximum of 8 footcandles measured on the ground beneath the light source. On-building mounted lights . shall also be consistent with the Cape Cod Commission's Technical Bulletin, including fully shielded, full cutoff,with the exception of the on-building mounted lights from RAB Lighting described in a June 25,.2013 Email from Nicole Price Voudren, Cape Light Compact and Terrence Turner, RISE Engineering. Prior to issuance of a Final Certificate of Compliance, footcandle readings of installed luminaires shall be taken by Commission staff to verify compliance with this condition. Cape Cod Mall Renovation&Expansion-#TR96025 Modification Type#i-Replacement Exterior Light Fixtures 7/29/13-Page 3 of 4 ISSUANCE OF MODIFICATION DECISION Executed this day of c: IU/U 2013. Signa ure Q OL yL Print Narde and Title COMMONWEALTH OF MASSACHUSETTS Barnstable, ss < a 2013 Before me,the undersigned notary public,personally appeared ct. . ( in his/her capacity as of the Cape Cod Commission, whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification,which was [ ] photographic identification with signature issued by a federal or state governmental agency, [ ] oath or affirmation of a credible witness,or [L,�, personal knowledge of the undersigned. GAIL P. e . HANL EY Notary Public MMONWEALTROP MASSAC MyCommission Expires CO wnbe 28,g01 t Notary Public My Commission Expires: l i Cape Cod Mall Renovation.&Expansion-#TR96025 Modification Type#1—Replacement Exterior Light Fixtures 7/29/13-Page 4 of 4 co 3225 MAIN STREET ® P'O BOX 226 BARNSTABLE, MASSACNUSETTS 02630 CAPE CO® (508) 362-3828 Fax (508) 362 3136 wwwcaoecodcommission.org COMMISSION TO Town of Barnstable Town;Clerk, Building Inspector,Town Planner,Planning Board, and DRI Liaison PROW Gail Hanley, Clerk of the Commission SUBJECT: Cape Cod Mall Renovation and Expansion Minor Modification Type 1(dated Jarivary,x5,2013)to the Development of Regional Impact Decision TRg6025 DATE: January 15, 2013 Enclosed please find a copy of the Minor Modification Type 1 (dated January 15,2013)to the Development of Regional Impact Decision for the Cape Cod Mall Renovation and Expansion project that was approved by the Cape Cod Commission on January 15, 2013. . Should you have any questions,please do not hesitate to contact our.office. a - T 03 co 3225 MAIN STREET a PO BOX 226 BARNSTABLE, MASSACH. ETTS 02630 CAPE COD (508) 362-3828 Fax (508) 362 31:36 o www.capecodcommission.org COMMISSION MIN MODIWCATION TYPE#i DATE: January 15, 2o3 TO: Michael A. Santos';;. APCON,Inc. 483o Route 28 Cotuit, MA 02653 , FROM: Cape Cod Commission ' RE: Modification of a Development of Regional Impact Decision dated January 29, 1998 and modified on September 22) 998,August 30, 1999, _ October 7, 1999,March 12, 2oo1,November 17, 20o8, March 3' 2009,'- September 4, 2009,January 1, 20io and August 30, 2012 Cape Cod Commission Act', Sections 12 and 13 OWNER: Leo J. Fein, General Manager Cape Cod Mall/Simons Malls 769 Iyannough Road, Hyannis, MA 026o1 PROJECT: Cape Cod Mall Renovation and Expansion(TR96025) BOOK/PAGE: Book 1357/Page 1143 Book 1357/Page 1152 Book 7942/Page 272 LOT/PLAN: 'Lot io/Plan 18367-D Cert. #73925 " Lot--/Plan 35455-A. Cert. #44428 Lot 18/Plan 29992-E Cert. #73925 Lot 12/Plan 13216-I Cert. #124185 . Lot 20/Plan 29992-E Cert. #73925 Lot 13/Plan 13216-I Cert. #124185 Lot 21/Plan 29992-E . Cert. #73925 Lot 14/Plan 132164, Cert. #124185 Lot 22/Plan 29992-E Cert. #73925 Lot i1/Plan 13216-I -Cert. #124185 Lot 26/Plan 29992-E Cert. #73925 Lot io/Plan 13216-I Cert. #124185 Lot 13/Plan 18367-D Cert. #73503 Lot 12/Plan 29719-B Cert. #78644 Lot 16/Plan 29992-D Cert. #412o6 Lot ii/Plan 29719-B Cert. #78644 Lot i�/Plan 29992-D Cert. #412o6 Lot 19/Plan 29992-E Cert. #io8683 Lot 23/Plan 29992-E . Cert. *73503 Lot 25/Plan 29992-E Cert. #104912 Lot 24/Plan 29992-E Cert. #39492/412o6 Lot 27/Plan 29992-E Cert. #104912 Lot 2/Plan 34491-B Cert. #44869 Lot A-1/Plan 21173-B Cert. #129187 Lot 1/Plan 34491-B Cert. #137708 LotA-2/Plan 21173-9 Cert. #129187 Lot 14/Plan 29992=D Cert. #11983o Lot 94/Plan 17786-K Cert. #76834' Lot 15/Plan 29992-D Cert. #11983o Lot 49/Plan 17786-D ` MODIFICATION OF DEVELOPMENT OF REGIONAL IMPACT DECISION Pursuant to Section 13 of the Cape Cod Commission Enabling Regulations(Revised March 2o11/New Fee Schedule Effective 7/1/12),the Development of Regional Impact decision for the Cape Cod Mall renovation and expansion dated January 29, 1998 and modified on September 22, 1998,August 30, 1999, October 7, 1999,March 12, 2001,November 17, 2008, March 3, 2009, September 4, 2009,January 1, 2010, and August 30, 2012 is hereby amended to allow a change to the exterior lighting design for the T-Murphy's Sports Bar. All findings and conditions attached to the original decision and subsequent modifications continue to apply except as modified herein. New text is shown in bold. Deleted text is shown in strikeout. Community Character Finding I13: Exterior lighting,including any lighting for exterior signs,is consistent with Minimum Performance Standard 6.2.7 and the Commission's Exterior Lighting Technical Bulletin based a 8/22/12 letter from Daveta Associates Architects,31 Upland Road, Somerville, MA including a revised Front and Right Side Elevation drawing for the T- Murphy's Sports Par showing goose-neck fixtures for sign lighting and one shielded downright over the main outside entrance.No changes are proposed or authorized to any other part of the Cape Cod Mall's exterior lighting design. Signatures lS 1 Paul Niedzwiecki, Cape Cod ommis's' xecutive Director Da e COMMONWEALTH OF MASSACHUSETTS Barnstable, ss -,�a.(4 I u� , 2013 Before me,the undersigned notary public,personally appeared Paul Niedzwiecki in his capacity as the Cape Cod Commission's Executive Director,whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification,which was [_] photographic identification with signature issue�y a federal or state governmental agency, [_] oath or affirmation of a credible witness, or[�v personal knowledge of the undersigned. GAIL P. HAWLEY Notary PublIc C�kIAt®NWEAt.TH,CF MA6ABSd�CH1l8ETfS NotaryPublic My Commission Expires Ulf September 2E,2018 My Commission Expires: G - Cape Cod Mall Renovation&Expansion- #TR96025 Modification Type#.1—1/15/13-Page 2 of 2