Regulatory Update | May 2025

This Regulatory Update provides a status on projects currently under review by the Cape Cod Commission. Visit www.capecodcommission.org/regulatory for a full overview of our Regulatory program and answers to frequently asked questions.

Captain Bertie’s Way Housing (CCC File No. 25002)
44 Captain Bertie’s Way, Provincetown
Status: Approved

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) Referral from the Provincetown Planning Board on January 16, 2025 for a multifamily residential development consisting of 36 units, twenty-six (26) market rate units and ten (10) affordable units (28%), and a below-grade garage for 28 parking spaces. The hearing period was opened procedurally by a hearing officer on March 17, 2025. A subcommittee hearing was held on March 31, 2025. The full Cape Cod Commission held a hearing on April 10, 2025 and voted to approve the project.

Falmouth Rd Market Resubmittal (CCC File No. 25006)
647 Falmouth Rd, Mashpee
Status: Pending

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) Referral from the Mashpee Planning Board on May 5, 2025 for a proposal to construct a specialty grocery store with associated improvements on a previously disturbed, +/- 3.97-acre site with frontage on both Falmouth Road and Shellback Way. No hearings have been scheduled.

Cape Cod Country Club Solar (CCC File No. 25009)
41, 42, 48, 59 Theatre Drive and 0 Boxberry Hill Rd, East Falmouth
Status: Pending

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) Referral from the Falmouth Planning Board on April 14, 2025. This project proposes a 23.3 MW dc ground-mounted solar development with battery storage on a +/- 137-acre site. A subcommittee hearing has been scheduled for June 12, 2025.

NextGrid Solar Bourne (CCC File No. 23021)
0 Ernest Valeri Road, Bournedale
Status: Pending

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) Referral from the Bourne Town Planner on November 20, 2024. This project proposes a 11.32 MW dc ground-mounted solar development with battery storage on a +/- 49.95 acre site. The hearing period was opened procedurally by a hearing officer on January 17, 2025. The Project was withdrawn on March 14, 2025. The Project was subsequently resubmitted and the Cape Cod Commission received a new DRI Referral from the Bourne Town Planner on March 21, 2025. A subcommittee hearing was held on May 14, 2025 and continued to June 4, 2025.

Thomas B Landers Rd Gravel Mining (CCC File No. 25004)
0 and 160 Thomas B. Landers Road, Falmouth
Status: Pending

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) Referral from the Falmouth Zoning Board of Appeals on February 27, 2025 for excavation, processing, and storage of material, with restoration, on two parcels totaling +/- 39 acres. The hearing period was opened procedurally by a hearing officer on April 28, 2025. No substantive hearings have been scheduled.

75 Holway St Historic Structure (CCC File No. 25005)
75 Holway Street, Chatham
Status: Pending

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) Referral from the Chatham Department of Community Development on February 28, 2025 for a partial demolition (+/- 988 sf) of a 94-year-old contributing structure in a National Historic Register District to allow for a vertical addition. The hearing period was opened procedurally by a hearing officer on April 29, 2025. No substantive hearings have been scheduled.

Barlows Landing Monopole (CCC File No. 24030)
317 Barlows Landing Road, Pocasset
Status: Pending

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) Referral from the Bourne Planning Board on November 20, 2024. This project proposes the construction of a 120-foot monopole wireless communications tower with associated ground equipment. The hearing period was opened procedurally by a hearing officer on January 17, 2025. The Project was withdrawn on March 27, 2025. The Project was subsequently resubmitted and the Cape Cod Commission received a new DRI Referral from the Bourne Town Planner on April 2, 2025. No hearings have been scheduled.

Cape Cod Gateway Airport (CCC File No. 22033)
480 Barnstable Road, Barnstable
Status: Hearing period extended

The Cape Cod Commission received the Certificate of the Secretary of Energy and Environmental Affairs on the Project’s Final Environmental Impact Report on November 15, 2024. The Project encompasses various developments at the Cape Cod Airport including extending runway 15-33; modifying taxiways A, B, and D; removing taxiway E; constructing a run-up area and noise wall; and developing new hangars. No hearings have been scheduled. The hearing period has been extended to January 10, 2026.

Pound Pond Flood Mitigation (CCC File No. 22015)
Lower County Road, Dennis
Status: Hearing period extended

The Commission received the Certificate of the Secretary of Energy and Environmental Affairs on the Project’s Rollover Final Environmental Impact Report on August 29, 2022. The Project proposes to restore Pound Pond at Seaview Park in Dennis to provide water quality and flood plain improvements. The limit of work is approximately 6.0 acres and will include approximately 496 linear feet of stream daylighting, removal of a 30-inch culvert pipe, and a proposed pond with a surface area of approximately 1.1 acres. A staff hearing officer opened the DRI hearing period procedurally on October 13, 2022. The hearing period was extended by mutual agreement to September 1, 2025. No substantive hearings have been scheduled.