Developments of Regional Impact

C-101 SITE LAYOUT PLAN C-101 SITE LAYOUT PLAN 24.00' WIDE ACCESS EASEMENT 17,003 SF. LC PLAN 34844 C MASHPEE COMMONS L.P. LOT 20 BLDG. 9 MAP 81 PCL.88 3.97 ACRES 173,051 SF. DEER CROSSING CONDOMINIUM TRUST LOT 19 ROCKLAND TRUST BANK MAP 81 PCL.89 .23 ACRES 53,677 SF. 24.00' WIDE ACCESS EASEMENT (17,003 S.F.) 50.0' 20.0' 20.0' 75.0' 75.0' 20.0' 20.0' 50.0' ZONING SETBACK LINES (TYP.) ZONING SETBACK LINES (TYP.) EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT CBDH GPS FOUND CBDH GPS FOUND CBDH FOUND CBDH FOUND GAS GATE GAS GATE D D D 4" 10" 10" 6" 8" 10" 16" BANK ENTRANCE BANK ENTRANCE END OF PAVEMENT LC PLAN 34844 C FIRST CITIZENS FEDERAL CU TP1 TP3 TP4 TP2 EXISTING CROSSWALK EXISTING EXIT ONLY EXISTING ENTRANCE EXISTING 3' WIDE WALK EXISTING CROSSWALK END BIKE PATH EXISTING SIDE WALK EXISTING RAMP EXISTING CAPE COD BERM EXISTING PAVEMENT EXISTING CAPE COD BERM EXISTING CONCRETE CURB EXISTING WALK EXISTING RAMP NO DRIVEWAY ACCESS TO RTE.28 DOCUMENT NO.319615 10' ELECTRIC - TEL & TEL EASEMENT 352.49' 69.68' R = 3 5 . 0 0 ' L = 5 7 . 2 2 ' R = 5 0 . 0 0 ' L = 7 8 . 5 4 ' S 73° 47' 51" E 369.78' N 15° 47' 38" E 444.63' S 80° 19' 59" E 297.08' R = 6 1 8 . 8 9 ' L = 9 5 . 9 3 ' 69.68' N 80° 19' 59" W 99.84' N 71° 27' 09" W 125.90' R = 5 0 . 0 0 ' L = 7 8 . 5 4 ' S 09° 40' 01" W 127.72' S 73° 47' 51" E 369.78' N 15° 47' 38" E 444.63' N 9° 40' 01" E 170.62' S 15° 47' 38" W 422.17' STOP STOP STOP VAN R = 1 0 0 . 0 0 ' L = 1 0 6 . 5 6 ' PROPOSED GROCERY MARKET BUILDING 13,229 S.F. SLAB EL. 39.0 20' WIDE DRIVEWAY PROPOSED DRIVEWAY PROPOSED RETAINING WALL (DESIGN BY OTHERS) 37' 12.5' WIDE CONC. SIDEWALK SPEED TABLE 15' 50' 20' FIRE LANE STOP 8 Spaces 11' LOT LINE 30' 7 Spaces 32' 10 Spaces 62' 62' 18' 9.5' 6' 6' 20' 6' 24 SPACES 10 Spaces 8 Spaces 8 Spaces 8 Spaces 22 SPACES 188' 9.5' 62' 18' 18' 9.5' 9.5' 26' 8' WB-67 - Interstate Semi-Trailer R=5' R=50' R=25' R=25' R=5' R=5' R=2' R=20' R=10' R=20' R=2' R=15' 24' R=2' R=15' R=10' SIDEWALK R=15' 8 Spaces 62' 7 Spaces 8 Spaces 24' 24' 9.5' 5' 8' 8' 26' 5' 8' 9.5' LOADING & DELIVERY ZONE AREA PROPOSED RETAINING WALL (DESIGN BY OTHERS) RECYCLING ROOM/ TRASH ENCLOSURE AREA LOADING AREA EMPTY PALLET ENCLOSURE AREA CART CORRAL CART CORRAL 177' PROPOSED INFILTRATION BASIN #1 EV EV (4) ELECTRIC VEHICLE CHANGING STATIONS 26' 125' R=10' R=10' R=30' R=55' R=50' 11.9' 1.5' 3.0' 15.0' 3.0' 9.5' 3.0' 15.0' 3.0' 9.5' 3.0

Minutes | December 12, 2022 at 5:00 p.m. | 1 Falmouth Rd Market, Mashpee (CCC File No. 21015) Development of Regional Impact Review Subcommittee Meeting Minutes | December 12, 2022 at 5:00 p.m. Virtual via Zoom The Chair, Ernest Virgilio, opened the Subcommittee meeting. He asked Jordan Velozo, Chief Regulatory Officer, to read the meeting announcement and instructions for making public comments during the hearing. She read the announcements and said that the subcommittee members will discuss the proposed specialty grocery store development at 647 Falmouth Rd (Route 28) in Mashpee. The Chair took attendance by roll call. Roll Call: • Ernest Virgilio, Chair, Present • Harold Mitchell, Present • Dennis Prebensen, Not Present • Peter Okun, Present • Tom Wilson, Present Applicant Presentation: The Chair recognized Attorney Kim Bielan, representing the Applicant, Shellback Development LLC. She introduced other members of the Project team including Mark Dibb, Jeff Bandini and Laura Young. She said the applicant has made changes to the Project since the last meeting, to eliminate the proposed second access drive to Shellback Way, using a shared driveway with the Rockland Trust Bank. She said the proposal maintains a larger vegetated buffer. She said a sidewalk will be constructed from Shellback Way to the site, porous pavement in the parking lot, and increased EV charging stations—4 total instead of 2. Ms. Bielan said the Applicant has engaged a title examiner to determine ownership of Shellback Way and believes it is a private road. She said she has not identified any prohibition on access to the site from Rt. 28 and noted that a different proposal was permitted by the Town with a driveway on Rt. 28. She said the Applicant previously engaged a broker to secure an access easement on the north side of the side to Job’s Fishing Road and was unsuccessful. She said the Applicant has been in touch again with counsel for Mashpee Commons. She said the BioMap 2 identifications changed in November and if the Project was proposed now, it would no longer be mapped as a natural area. She said the Applicant will present an updated DRAFT Subcommittee Meeting Minutes | December 12, 2022 at 5:00 p.m. | 2 open space mitigation proposal requesting the lower Community Activity Center open space ratio be applied rather than the natural area ratio. Ms. Bielan introduced Mark Dibb, civil engineer. Mr. Dibb shared the revised Project plans, showing a reconfigured driveway layout, porous pavement, sidewalk into the development, and new bike path crosswalk signage. He said the Applicant is considering solar canopy locations, a new bike rack location, and carpool spaces. Ms. Bielan introduced Jeff Bandini, traffic engineer. Mr. Bandini explained that the Applicant conducted a Traffic Impact Assessment (TIA) per Commission technical guidance. He said the analysis indicated 160 new vehicle trips are anticipated during peak traffic hours. He identified 12 offsite intersection locations that were studied for impacts based on the new project. He said the study accounted for weekend, weekday, and seasonal variations in traffic volume. He said the proposed mitigation includes signal timing adjustments, signage both on and offsite. He said the Applicant is looking to provide a CCRTA stop on site. Staff Presentation: The Chair recognized Jordan Velozo, Chief Regulatory Officer, for the Cape Cod Commission staff’s presentation. She explained the standards for DRI approval, including consistency with the Cape Cod Commission Act, Regional Policy Plan (RPP), and local bylaws. She responded to a question brought up at the previous hearing about Community Activity Center (CAC) Placetypes. She said that CACs have concentrated business and community activity, and the vision for CACs is to provide dense, walkable development. She showed an overview of the BioMap and natural area mapping on the site and how it has changed since the application. She noted that although the BioMap mapping has changed, the placetype is set at the outset of regulatory review. Ms. Velozo introduced Colleen Mederios, Transportation Program Manager, Commission staff. Ms. Medeiros provided an overview of the RPP goals related to safety, reliability, and congestion management. She said access management is a method for ensuring safety. On this Project, the Rt 28 right turn only access improves safety, and the shared driveway on Shellback Way eliminates a curb cut. She said additional analysis of driveway operations with the revised Shellback Way access is needed to assess

MEMORANDUM To: Subcommittee, Cape Cod Commission From: Kimberly Bielan, Esq. Date: December 30, 2022 Re: Falmouth Road Market (Cape Cod Commission File No. 21015) Dear Chair Virgilio and Members of the Subcommittee: Shellback Development LLC (“Applicant”) has appreciated the opportunity to present its proposal to develop a new one-story building, designed for use as a specialty grocery store (“Project”), for the property located at 647 Falmouth Road (Route 28), Mashpee (“Property”), at the Subcommittee’s November 9 th and December 5 th hearings. The Applicant’s Project team has been continuing to work to address the questions and comments raised during the hearings and provide the following responses and additional information. The Applicant also includes certain requests herein below. We look forward to the continued public hearing on January 3, 2022. Placetype Designation  As the Subcommittee is aware, at the time the Application was submitted to the Cape Cod Commission (“Commission”), the Property was located in both a Community Activity Center Placetype and Natural Area Placetype. It is the Applicant’s understanding that the Natural Area Placetype designation was reflective of the Property’s location in a BioMap2-designated area.  In November 2022, a new BioMap was released by MassWildlife and the Massachusetts Chapter of The Nature Conservancy, which replaces the previous BioMap2. Pursuant to the new BioMap, the Property is no longer designated as Core Habitat or Critical Natural Landscape.  Due to the previous site disturbance and nature of use and development of the surrounding properties, the Applicant has consistently maintained the position that the Property is best classified as a Community Activity Center Placetype and not a Natural Area. The revisions to the BioMap support the Applicant’s position.  As it is the Applicant’s understanding that the Commission’s mapping will be revised so that the Property will be designated solely as a Community Activity Center Placetype in the future, the Applicant is respectfully requesting that the open space mitigation applicable to the Community Activity Center Placetype (to wit, 1:2 mitigation) be imposed, rather than the Natural Area Placetype open space mitigation (to wit, 3:1). 2  The Applicant’s request for use of the open space mitigation requirements of the Community Activity Center Placetype is consistent with the identified attributes of the Property at the time of the Commission’s decision and will make it more feasible for the Applicant to devote other and/or greater resources to other mitigation for the Project, including but not limited to traffic and nitrogen mitigation.  The Applicant states that it is continuing to explore open space mitigation with an identified land conservancy agency based in Mashpee, and it intends to continue to work with the agency in providing the requested 1:2 open space mitigation. Water Resources  In the Commission’s November 7, 2022 Staff Report, it is reported that the nitrogen loading limit for the Popponesset Bay embayment is exceeded and that a mitigation fee of not more than $200,038 may be imposed. It is further noted that the Town of Mashpee Comprehensive Wastewater Management Plan identifies the Property as likely to connect to a centralized sewer system in 5-6 years.  As it is anticipated that the Property will connect to the upgraded South Cape Wastewater Treatment Facility several years after the completion of the Project, the Applicant respectfully requests that the nitrogen mitigation fee be payable in annual installments, to cease upon connection to the sewer system. The Applicant proposes that it be permitted to make the mitigation payment in twenty (20) annual installments of ~$10,000.00, to commence upon issuance of an occupancy permit for the Property. Upon connection to the centralized sewer system, such annualized payments would cease, and the final year payment would be prorated based upon the date of connectivity.  The Applicant respectfully submits that the proposed payment of the mitigation fee over a period of years achieves the Commission’s objective of protecting the Popponesset Bay embayment, while acknowledging that the Property is likely to be connected to a sewer system shortly after its development.  The Applicant has determined that the groundwater flow is in a southerly direction. The Applicant is not aware of any public or private wells on neighboring parcels.  The Applicant is continuing to revise and update the stormwater plan and erosion