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Home My WebLink About1070 IYANNOUGH ROAD/RTE132 - FESTIVAL MALL CAPE COD COMMISSION �' �� N�A�tor�1 P / ' � -� � �� (� 1 I' \. . BAR 46832 TQ'WN OF ADDRESS OF OFFENDER BARNSTABLE pf IKE MV/MB REGISTRATION NUMBER i OF , NAND%1'ANIk:. ' � lJ.l IA55. 639• �0 O rED MPr l J TIME AND DATE OF VIOLATI LOC ION OF VIOLATI Z NOTICE OF ®:'a P.M.)ON �— /� ,19 r o VIOLATION SIGN 0 ENFORCING N NFOflCG' BADGE W O OF TOWN ~ I REBY ACKNOWLEDGE RI T OF CITATION X a ORDINANCE 09'11-n—able to obtain signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS S ~ .rs� Date mailed w w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPITON(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Town Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk, a P.O.Box 2430,Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (21 If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT, l FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BAR NSTABLE,MAO, ..ytt:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME�OF -; ' BAR 46$3 T* OF•e ADDRESS OF OFFENDER JF BARNSTABLE CITY;ST E I /�� /� a y J(`1 IHF►per f. - / °' MVIMB REGISTRATION NUMBERICENV HAR\STARI.e, • ///yyyCCC ,/1 w 13 d rEomffl ter: j - TIME AND GATE OF VIOLATI N'- LOCATION OF VIOLATION - _ w NOTICE Of m�_3G A.. ../ P.M.)ON " /� ,19 � G �Lx' C� / �,: 11 e, SIGNATURE 0 ENFORCING PERSON ENFORCI G,EP. _ :BADGE N0. C a V'IOL—ATI,ON yy 7. OF TOWN ``�`� I- w 7 I HEREB Y ACKNOWLEDGE RECEIPT-OF CITATION X o- - ORDINANCE ®'finabole to obtain signature of offender *f THE NONCRIMINAL FINE FOR'THIS OFFENSE IS Sal Date mailed w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSI,TIONIOF THIS MATTER:EITHER OPITON,(1)OR OPTION(2)WILL OPERATE AS:A FINAL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w ' REGULATION < (1(You may elect to pay the above fine,either by appearing in person-between 6 30 A.M And'4`00 P:M:;Monday thFough,Friday jegal holidays excepted, w before:The Barnstable-Town Clerk,367 Main Street,Hyannis;MA 02601,or by.mailing a check,money order or postal noie to Barnstable Clerk, I4. P.O.Box 2430,Hyannis;MA 02601,WITHIN TWENTY-ONE(2criminal p1)DAYS OFyyTHE DATE'OF THIS do so yy NOTICE, CL FIRST If BARNSTABLE DIVISION,COURT COMPOUNDou desire to contest this matter in a. nMAIN STREET,BARNSTABLE"ou MA02630,Att 21DNo criminalen H aringsanuest to ldencl se a copy of STRICT COURT this citation for a hearing.. (3(If you fail to pay the above offense or to request a hearing within 21 days,or if-you fail to appear for the hearing or to pay any fine determined at the hearing,to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option,above,confess to the offense charged,and enclose payment in the amount of,$ Signature TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARC $L ID 295 019 X01 GEOBASE ID 41309 ADDRESS 1070 IYANNOUGH ROAD/ROUTE PHONE '(617)932-1244 HYANNIS, MA ZIP 02601 LOT 3 4 5 6 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT. BA PERMIT 26532 DESCRIPTION PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of Health, Safety . ,.ARCHITECTS: and Environmental Services TOTAL FEES: 'BOND $-00 Ox Tt1E CONSTRUCTION COSTS $.00 * ■ARNSTABL& # MASS. s639. BUILDIN DIVISION BY DATE ISSUED 10/23/1997 EXPIRATION DATE '" fI ? , Z� �.+ �(�f '( �'y�y`('}T �/}rq',�. T��4 A�.J1R'�€49 L7K .L'CI.4YF.ItTJ..GZLrt, .PARCEL ID 295 019 X01 GROBASE ID 41309 ADDRESS$ 1070 , I YANNCUGII RCIAD/ROU'lM ROVE (I ?.`/ )48 --040 ,', Z .-P _. LOT C 4 5 6 BLOCK t:on, SIZE. DBA DEVELOPMENT DISTR;rCT I:IA PERHIT 2576,2 .. DESCR.IrTIO INTER_�.;MOV_ IaE: � ) �. &IT TYPE BR.E,MODC TITLE COMMERCIAL I;LT/�muw?/ CQNTRAGTCRS Department of.Health, Safety ARCHITECTS: and Environmental �ervices TOTAL,. FEES: $50 CC BONDt $.00 OxVIM . C0141S, '.Rt.IIP ION COSTS 4,480..CCU. 4,17 OM;� ./NONHSKP ADD/CONS. * HAR�N/S�TpA�BLF, • 'L1At,�P1.+YL�I/d2E11.!!J..��✓/+11,J4:/E.Y..P.l8,,. T - - 1V��. f iI)D RE,�,� %CAHY8E:LL JA__ES ISS.I . OF 425 CALIVORNIA ST STE- 1DDt? VI5ION SAty FR,ANCISCO_ CA BUILDING DI Bi- D IM ISSUED 09/22/'1.997 EXP IM[`ION 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 OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND 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 3ANSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY' i B DING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 4VVI 00- `JP;F /JL- f. o . 8' q .�rw� /o-A 2 / 2 2 3 _yynn 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH �- l0 2 OTHER' SITE-PLAN REVIEW APPROVAL r� 0c F K SHALL NOT PROCEED TIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS NSPECTOR HAS APPROVEDTHE STRUCTION WORK IS NOT STARTED WITHIN SIX . CARD CAN BE ARRANGED FOR BYOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT ISISSUED AS TELEPHONE OR WRITTEN NOTIFICA- . NOTED ABOVE. TION. �•, r�. w� � M - o'er„ _ -_:a �� r Y}.�.�: Y..�� „ `� - C. •i - ram: PE MiT BUILD. I N 'Li CROW s Of $ems,, CAPE COD COMMISSIO U 3225 MAIN STREET D P.O. BOX 226 BARNSTABLE, MA 508 362 828 2630 L AY 2 O 1998 r ; a �S1CHUsti FAX(508)362-3136 E-mail:frontdesk@capecodcommission.org -�--' P 9 ivC 4:f�cuEluPi Of BAIINSTABLE MEMORANDUM TO: Barnstable Planning Director Jke3 FROM: Kathie Peters, Clerk of the Commission DATE: May 8, 1998 no PROJECT: FESTIVAL MALL ADDITION Festival at Hyannis Route 132, Hyannis, MA Development of Regional Impact (DRI), Chapter A, Section 3(i) of the Regulations of General Application. CCC PROJECT #: TR97031 Enclosed please find a copy of the Festival Mall Addition Development of Regional Impact Decision which was approved with Conditions by the Cape Cod Commission at a public hearing on May 7, 1998. In addition, a copy is filed with the Town Clerk. Please note that although local boards may attach conditions which are more restrictive than the Commission's approval, a local approval may not be less restrictive. It is suggested that local boards reference the Commission's Decision and, where applicable, attach conditions in their own approvals. For your information, the local review time clock on permits for the proposed development, pending before municipal agencies, resumed as of 5/7/98. The Planning Director should note that the project proponent must receive a Certificate of Compliance from the Cape Cod Commission. Until such time, the facility shall- not be issued a Certificate of Occupancy. Also be particularly aware that sixteen Conditions for the project include a vehicular and a pedestrian interconnect with Southwind Plaza, coordination with the Town of Barnstable on the interconnect and the Attuck's Lane extension, and in lieu of some Open Space requirements, a cash contribution of $103,549.35 to be contributed to a fund toward the ,purchase of conservation land. Should you have any questions, please do not hesitate to contact our office at 508-362-3828. Enclosure Of Bd' CAPE COD COMMISSION 9 O e�-� 3225 MAIN STREET U P.O. BOX 226 r BARNSTABLE,MA 02630 5�.�`S� (508)362-3828 Ac X3 FAX(508)362-3136 E-mail:frontdesk6capecodcommission.org Date: May 7, 1998 Applicant: Patrick M. Butler, Esq. for the Estate of James Campbell Nutter,. McClennen & Fish, LLP P.O. Box 1630 Hyannis, MA 02601 Project #: TR97031 Project: Festival Mall Addition Festival at Hyannis Route 132 Hyannis, MA RE: Development of Regional Impact Cape Cod Commission Act, Section 12(k). Lot/Parcel: Map 295/Parcels 19.X01 & 19.X02 L.C. Plan 24921-11 (lots 18 & 19) Plan Book 392, Page 50 (lots 3, 4, 5, & 6) Certificate of Title 121784 Owner: Estate of James Campbell DECISION OF THE CAPE COD COMMISSION SUMMARY AND PROJECT DESCRIPTION The Cape Cod Commission (Commission) hereby approves with Conditions, the application for a free-standing retail building of 18,900 sq. ft. located on a vacant parcel at the Festival at Hyannis shopping center, Route 132, in Hyannis. This project coordinates with a previous Decision for the Southwind Plaza (TR930014, dated December 16, 1993) in which the Commission allowed for up to an additional 20,000 sq. ft. at Southwind Plaza, dependant upon the design and construction of a vehicular and pedestrian interconnect and a separate pedestrian interconnect between the two shopping centers. These interconnects are part of this project. The Decision is rendered pursuant to the vote of the Commission on May 7, 1998. r-, JURISDICTION The proposed project is being reviewed as a Development of Regional Impact under Chapter A, Section 3(i) of,the Commission's Regulations of General Application as "new construction with a gross floor area greater than 10,000 sq. ft." PROCEDURAL HISTORY The Commission received a Development of Regional Impact (DRI) Referral Form from Ralph M. Crossen, Building Commissioner for the Town of Barnstable, on December 23, 1997. A Hearing Officer held a hearing on February 11, 1998 at which no testimony was taken. The Commission staff and subcommittee participated in a Joint Site Plan review of the project with the Town of Barnstable on February 26, 1998. A duly noticed Public Hearing pursuant to Section 5 of the Cape Cod Commission Act was held by an authorized subcommittee of the Commission on the DRI request on March 5, 1998 at the Assembly of Delegates Chamber, Barnstable County Complex. A subcommittee meeting was subsequently held on March 26, 1998 to receive further information. Materials Submitted for the Record: Application Materials from Applicant: -DRI Application with black three-ring binder -Two sets of 10 site plans, full size. -Certified Abutters List -Interconnect Agreement between the Flatley Company (Southwind Plaza) and Trustees of the Campbell/Massachusetts Trust (for Festival at Hyannis) -11"x17" site plan 98-1/2"x11" site plan -Color aerial photo of the site -100 Line Performance Sconces, lighting brochures -Copy of a letter from Armando J. Carbonell to Patrick M. Butler, Esq., May 11, 1995 -Letter to Patrick M. Butler from Richard Bryant, P.E., SPA, December 15, 1997 -Memo to Michael Connolly from Larry Farrer, Engineering Advantage, Inc., March 2, 1998 j -Letter to Patrick M. Butler, Esq. from Michael B. Stusse, Esq, March 3, 1998 -Letter to Gay Wells from Patrick M. Butler, March 4, 1998 -Letter to Gay Wells from Patrick M. Butler, March 5, 1998 -Letter to Michael Stusse from Ralph Crossen, March 30, 1998 -Letter to Gay Wells from John M. Shields, The Flatley Co., April 1, 1998 -Memo and Transportation Report to Paul Tilton from R. Bryant, March 18, 1998 -Letter to Paul Tilton from Jennifer Conley, Rizzo Assoc., April 9, 1998 -Letter to Michael Connolly from Lawrence A. Farrer, P.E. April 22, 1998 { 2 -Letter to Gay Wells from Patrick M. Butler, April 23, 1998 • ildin Elevations Bu g •Revised Building Elevations •Letter to Gay Wells from Patrick M. Butler, April 16, 1998 -Revised Landscape Plan,( original date December 10, 1997, revision no date) *Letter to Gay Wells, AICP from Patrick M. Butler, Esq. February 17, 1998 -Letter to Dorr Fox from Patrick M. Butler, February 18, 1998 •Letter to Gay Wells from Patrick M. Butler, April 27, 1998 Correspondence and Materials, Cape Cod Commission: -Memorandum to CCC Subcommittee from Gay Wells, January 13, 1998 -Letter to Patrick M. Butler, Esq. from Gay Wells, AICP, January 14, 1998 -Hearing Notice *Memo to Subcommittee from Gay Wells, February 27, 1998 -Staff Report, February 27, 1998 -Fax sheet to Patrick Butler from Gay Wells, March 27, 1998 *Revised Staff Report, March 3, 1998 -Fax sheet to Anna Brigham from Gay Wells, March 5, 1998 -Letter to Gay Wells from Patrick M. Butler, March 5, 1998 -Agenda Public Hearing, March 5, 1998 *Note to the file from Paul Tilton -Fax sheet to Patrick Butler from Gay.Wells, April 16, 1998 •Southwind Plaza Decision, December 16, 1998 Correspondence and Materials from the Town of Barnstable: -Letter to Anna Brigham from Maryanne Peters, November 18, 1997 •Memo to Anna Brigham from McKean Thomas, November 25, 1998 -Minutes, Informal Site Plan Review, December 4, 1997 •DRI Referral Form, •Letter to Cape Cod Commission from Ralph M. Crossen, December 22, 1997 •Minutes, Joint Site Plan Review, February 26, 1998 •Minutes, Site Plan Review, March 5, 1998 TESTIMONY Gay Wells presented the Commission staff report. Commencing with transportation issues, she explained that the staff recommended permitting a trip reduction credit for 20,000 square feet of retail area for the construction of the interconnect to Southwind Plaza. Ms. Wells noted that the staff is awaiting documentation that the project can connect to a public sewer. She also noted that since the project is within a Zone of Contribution to a water supply well, hazardous materials should be limited on the site. Festival Mall Addition Development of Regional Impact Review- TR97031 Cape Cod Commission-Decision-May 7, 1998 • 3 Ms. Wells stated that a landscaping plan needs to be submitted for the site drive at Attuck's Lane and additional plantings need to be proposed at the east side of the new building. The staff believes that the proposed building should have additional architectural details. She noted that additional information needs to be submitted for outdoor lighting. She also noted that the staff recommends accepting the applicant's offer to provide funds for off-site Open Space at a rate of $1.50 per square foot. Paul Tilton, Transportation staff, continued the staff report by explaining the issues pertaining to the interconnect in more detail. Transportation staff concerns include truck movements, queues, conflicts with the Attuck Lane intersection, and a left turn lane. He also recommended a pedestrian connection in the vicinity of Pier One and Stop & Shop buildings. Andrea Adams discussed limited amount of hazardous materials allowed on the site and also stated that additional information is needed for outdoor lighting. Sumner Kaufman inquired whether lighting levels could be measured considering there is existing lighting in the parking lot. Patrick Butler, representing the applicant, explained the project. He explained-that the applicant would meet the thirty percent open space requirement by providing twenty- seven percent on site and providing the remaining three percent through a cash contribution. This contribution would be at a rate of $1.50 per square foot. Mr. Butler and their consultant discussed the interconnect and explained that changes have been made in the design due a land swap involving Southwind Plaza. Rick Alfonso of Daylor Consulting discussed the landscaping for the project. Mr. Butler discussed the design of the building. He stated that leases of the other tenants may prohibit having a building that stands out from the others in the plaza. He also stated the need for consistency of design. Their consultant reviewed the design changes that were proposed in response to staff concerns. Mr. Butler stated that the applicant is willing to construct the requested additional pedestrian walkway. Mr. Butler concluded his presentation by stating that he believes that the project's benefits outweigh any detriments. Mr. Deane and Robert Randolph expressed concern over the sight distance at the site 'drive to Attuck's Lane and potential landscaping that may block views. Mr. Kaufman expressed concern that the signatures are not on the agreement. Mr. Butler confirmed that the agreement has been approved. Festival Mall Addition Development of Regional Impact Review- TR97031 Cape Cod Commission-Decision-May 7, 1998 4 Joseph Tamsky requested that the applicant state the benefits of the project. Mr. Butler stated the proposed addition will increase the municipal tax base. The interconnect with Southwind Plaza is a benefit. There are no nitrogen loading issues because the project will be on sewer. The project will provide a contribution for Open Space. Mr. Tamsky inquired about the on-site Open Space. Mr. Butler stated it is shown in green on the plan. Mr. Brock inquired where the money would go for the open space contribution. Mr. Butler stated that they are agreeable to any appropriate entity that the Commission suggests. John Shields of the Flatley Company, the owners of Southwind Plaza, stated that they are in agreement with everything that was represented by the applicants. FINDINGS 1. The proposed project is being reviewed as a Development of Regional Impact under Chapter A, Section 3(i) of the Enabling Regulations as "new construction with a gross floor area greater than 10,000 sq. ft." 2. The project proposes to construct an 18,900 sq. ft. free-standing building on a vacant piece of land within the existing Festival at Hyannis shopping center. The proposed use is retail. 3. The proposed project is located in a Zone of Contribution to a water supply well and hazardous materials should be limited on the site in accordance with Minimum Performance Standards in the•Regional Policy Plan. 4. The proposed building will be connected to an existing sewer line linking to the Barnstable Wastewater Treatment Facility. 5. The proposed project's approval coordinates with Conditions in the Decision for the Southwind Plaza, TR930014 dated December 16, 1993, which requires a vehicular interconnection with a sidewalk and a separate pedestrian interconnection between Festival at Hyannis and Southwind Plaza. 6. The project includes a transportation trip reduction credit for an interconnection to Southwind Plaza. Since this interconnect will reduce traffic on Route 132, the Cape Cod Commission is granting a trip reduction credit which allows for 20,000 square feet of retail space for each shopping center. Festival Mall Addition Development of Regional Impact Review- TR97031 Cape Cod Commission-Decision-May 7, 1998 5 7. The Town-of Barnstable is in the process of designing the proposed Attuck's Lane Extension. The applicant has designed the new driveway and interconnect assuming that the proposed development will be occupied following the construction of the Attuck's Lane extension. 8. The pedestrian walkway between Festival at Hyannis and Southwind Plaza, from the rear of the proposed building and the rear of Stop & Shop as shown on a plan enclosed with a letter from Patrick M. Butler dated April 27, 1998, is inadequate. A detailed plan showing connection to a sidewalk on the Festival site as well as showing how this relates to the Southwind site and buildings is required. 9. A revised lighting fixture schedule dated March 2, 1998 was received as part of a letter from Nutter, McClennen & Fish received by the Commission on April 24, 1998. The revised fixture schedule indicates the lighting for the proposed project will include both wallpacks and pole-mounted lights. The wallpacks are proposed to be 150 watt high pressure sodium fixtures with a prismatic lens. The pole-mounted lights are proposed to be 250 watt high pressure sodium fixtures with an internal house shield on 20 ft 0 inch round tapered steel poles. Information submitted at the March 5, 1998 public hearing also states the wallpacks will have a cutoff of below seventy (70) degrees from vertical. 10. The Commission finds the applicant's lighting proposal to be adequate due to the information submitted for the record, the nature of this project, that the applicant's lighting proposal is based in part on relocating existing fixtures and the fact that the project site is surrounded by existing retail development with outdoor lighting. However, the Commission also finds that both the Development of Regional Impact (DRI) application at section 2.4(k) and Technical Bulletin 95-001 (Development of Regional Impact Guidelines for Exterior Lighting Design Standards and Submittal Requirements) require a point-to-point lighting plan as well as other detailed lighting-related information be submitted as part of the project review and this requirement will not necessarily be waived for future projects under DRI review. 11. The Commission approves the revised landscape plan for the proposed building and the area at the interconnection with Southwind Plaza and Attuck's Lane, dated March 5, 1998, except that an irrigation system or a maintenance plan must be provided. 12. The revised building design, dated April 30, 1998, while not in the traditional character of Cape Cod design, matches existing buildings in the shopping mall and, therefore, is acceptable to the Commission. Festival Mall Addition Development of Regional Impact Review- TR97031 Cape Cod Commission-Decision-May 7, 1998 6. 13. The thirty percent Open Space requirement of the Regional Policy Plan will be fulfilled by providing twenty-seven percent on site and an additional three percent through a cash contribution of $1.50/square foot. These funds will be contributed to either the Town of Bamstable's Conservation Fund or the Barnstable Land Trust to be used solely for acquisition of land for conservation purposes. The Commission has not received a final Open Space plan and calculations for the cash contribution. 14. The project is consistent with the Barnstable Zoning Ordinance and the Barnstable Local Comprehensive Plan. CONDITIONS 1. All conditions shall be met and a Certificate of Occupancy shall not be issued for the building nor shall it be used for retail purposes prior to the issuance of a Certificate of Compliance by the Cape Cod Commission. 2. At least 30 days prior to the time that a Certificate of Compliance is requested by the applicant, notification shall be given to the Cape Cod Commission to allow time for staff to inspect the site and ascertain that all conditions have been met. 3. The project is required to comply with the Minimum Performance Standards in the Regional Policy Plan for developments within Zones of Contribution. 4. Documentation of connection to the sewer for the Barnstable Wastewater Treatment Facility is required prior to issuance of a-Certificate of Compliance. 5. The applicant shall coordinate with the Town of Barnstable in the design and construction of the interconnection, particularly as they relate to the Attuck's Lane extension. 6. All interconnects shall be constructed and operable prior to Certificate of Occupancy. This includes the Southwind Plaza portion of the interconnects, per the previously-referenced Decision for Southwind. 7. Truck routes shall be designated to and from the loading docks at Festival Mall and appropriate signage (including truck-exclusion signs for the interconnect) shall be provided prior to issuance of a Certificate of Occupancy. Festival Mall Addition Development of Regional Impact Review- TR97031 Cape Cod Commission-Decision-May 7, 1998 7 8. In the event that the proposed development will be occupied prior to construction of the Attuck's Lane extension, the applicant should design a temporary interconnect with Southwind Plaza without the new site drive connection to Attuck's Lane. 9. The applicant will provide a detailed plan showing the pedestrian walkway and connection to a sidewalk on the Festival site as well as showing how this relates to the Southwind site and buildings for approval prior to,issuance of the building permit. The pedestrian walkway will be constructed prior to a Certificate of Compliance. 10. Lighting for the proposed project shall be of the type, wattage and styles as described in the Revised Site Lighting Fixture schedule dated March 2, 1998 received by the Commission on April 4, 1998. Wallpacks shall include a prismatic lens, with means to adjust the beam cutoff in the field. The location of wallpacks shall not exceed 20 ft 0 inches in height and wallpacks shall be designed with a maximum cutoff of seventy (70) degrees from vertical. Pole- mounted lights shall have a total cutoff of all light at less than ninety (90) degrees from vertical. Poles shall not exceed 20 ft 0 inches in height. Flood and area lighting as well as internally-illuminated signs shall not be permitted. 11. Prior to issuance of a Certificate of Compliance, all landscaping at the building site shall be provided in accordance with the revised landscape plan, dated March 5, 1998, and an irrigation system or a maintenance plan as approved by Cape Cod Commission staff must be provided. 12. All landscaping at the interconnection site shall be provided in accordance with the revised landscape plan, dated March 5, 1998, prior to the issuance of a Certificate of Compliance. In the event that Attuck's Lane has not yet been constructed, landscaping in the Attuck's Lane area may be postponed until such time that Attuck's Lane is constructed and an Escrow Agreement may be provided as noted in Condition 16. 13. The building shall be constructed in accordance with the revised elevation drawings, dated April 30, 1998. 14. The applicant will supply the final Open Space plan, dated December 10, 1997, , and calculations for the cash contribution to a conservation fund to the Commission for approval prior to issuance of a Certificate of Compliance. Festival Mall Addition Development of Regional Impact Review- TR97031 Cape Cod Commission-Decision-May 7, 1998 8 15. The applicant will make the approved cash contribution, in the amount of $103,549.35, to the conservation fund designated by the Cape Cod Commission, prior to issuance of a Certificate of Compliance. The Open Space contribution shall be used for purchase of land in the Groundwater Protection overlay district, preferably within the Zone of Contribution which contributes to the same wellfields as the Festival site. 16. If all required site work and/or landscape improvements related to each phase of construction are not completed at the time a partial Certificate of Compliance is sought from the Commission, any work which is incomplete shall be subject to an Escrow Agreement of form and content satisfactory to Commission counsel. The amount of the Escrow Agreement, to be approved by the Commission's Regulatory Committee, shall equal 150% of that portion of the incomplete work, including labor and materials, with the amount approved by Commission staff. The Escrow Agreement shall be payable to the Cape Cod Commission with the work approved by Commission staff prior to release of the Escrow Agreement. CONCLUSION Based on the Findings above and subject to the Conditions, the Commission hereby finds that the project is consistent with the Regional Policy Plan, is consistent with the Barnstable Zoning Ordinance and the Barnstable Local Comprehensive Plan, that the benefits outweigh the detriments, and approves with the above Conditions a free- standing retail building of 18,900 square feet to be located on a vacant piece of land within the existing Festival at Hyannis shopping center. Madeleine Bebout, Chair, Cape Cod Commission Date Commonwealth of Massachusetts Barnstable, ss. 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