February Regulatory Update

Herring River Restoration Project- Phase 1 (CCC File No. 08009)

Town of Wellfleet

The purpose of the project is to restore habitat in and re-establish tidal flow to certain areas within the 1,100 ac. +/- Herring River estuary and floodplain system.  The project received its final MEPA certificate on 7/15/16.  The DRI public hearing period on the project was opened procedurally on 08/29/16; the period has since been extended four times and the current extension runs through April 2020. At its meeting on March 7, 2019, the Committee on Planning and Regulation (CPR) issued a written scope for DRI review of the project, with the project specifically styled as “Phase 1.”   The town has submitted a DRI application for the project and a subcommittee hearing on the DRI is anticipated early March in Wellfleet. 

AMP Energy Solar Project (CCC File No. 19034) 

180 Cotuit Road, Sandwich  

The Commission received a mandatory DRI referral from the Sandwich Building Commissioner on November 25, 2019 for a large-scale, ground-mounted solar array on an approximately 18.8-acre vacant parcel. This project was previously withdrawn from DRI review but has now been refiled.  A Commission staff hearing officer opened the DRI hearing period on the project 1/24/2020.  A subcommittee hearing on the DRI has been scheduled for 2/27/2020 in Sandwich. 

Tractor Supply (CCC File No. 19020) 

Bearses & Pitcher’s Ways, Hyannis 

The Commission received a mandatory DRI referral from the Town of Barnstable Site Plan Review Committee on 8/26/19 for the proposed development of a Tractor Supply retail store on an approximately 2.8-acre undeveloped parcel.  A DRI subcommittee held public hearings and meetings for the project on 10/23/19, 11/4/19, 11/21/19, 12/9/19 and 12/19/19.  The subcommittee ultimately voted to recommend that the full Commission grant DRI approval for the project, with Conditions.  The full Cape Cod Commission held a hearing on the project 1/23/2020.  At its 2/6/2020 meeting on the project, the full Commission adopted a draft written DRI decision and granted DRI approval for the project, subject to the conditions in the decision. 

Proposed Building Demolition- The Hyannisport Club (CCC File No. 19023) 

2 Irving Avenue, Hyannisport 

The Barnstable Historical Commission (BHC), through the Town Manager, submitted a Limited Discretionary Referral to the Commission requesting DRI review under the RPP issue area of Cultural Heritage in regard to the proposed demolition of a building on the golf course property.  The Commission accepted the Discretionary Referral for DRI review at its meeting on September 19, 2019. The DRI public hearing period on the project was opened procedurally on November 18, 2019. No DRI application has been submitted.  The Applicant has withdrawn the demolition request from local and Cape Cod Commission permitting. 

Cape Cod Hospital- New Tower Addition (CCC File No. 19024) 

Park Street, Hyannis 

The Commission received a mandatory DRI referral from the Barnstable Building Commissioner on September 11, 2019 for the Project.  The Project proposes a multi-story building addition to the southwest corner of the existing hospital building, with associated site improvements.  The addition will house, among other hospital uses, a new cancer center.  The DRI public hearing period on the project was opened procedurally on November 8, 2019. A subcommittee held hearings on the project in January 2020.  The Applicant has withdrawn the proposal from local and Cape Cod Commission permitting. 

Mashpee Commons Notice of Intent/ Development Agreement (CCC File No. 19035) 

Steeple Street, Mashpee  

Mashpee Commons Limited Partnership has submitted a Notice of Intent (NOI) to enter into a Development Agreement with the Commission pursuant to Section 5 of Chapter D of the Cape Cod Commission Regulations of General Application, Development Agreement Regulations Governing the Provisions for Development Agreements, Barnstable County Ordinance 92-1, as amended.  The Notice of Intent relates to land of approximately 186.67 acres in the Town of Mashpee owned by the applicant, including land currently occupied by the so-called “Mashpee Commons” development addressed as 22 Steeple Street, Mashpee, MA 02649.   At its meeting on 2/6/2020, the Committee on Planning and Regulation voted to recommend to the full Commission that the proposed development described in the NOI is suitable to be the subject of a Development Agreement with the Commission.  The full Commission will hold a hearing on the NOI at its meeting 3/5/2020. 

90 Wachusett Avenue Demolition Hyannisport (CCC File No. 20039) 

The property owner proposes to demolish the single-family residence on the property, which is a contributing structure to the Hyannisport National Register District.  The Commission received a mandatory DRI referral from the Barnstable Building Commissioner for the proposed demolition on 1/30/2020.   No DRI application has been submitted.