June 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 in Truro and Wellfleet.  Phase 1, which is the current ‘project’ for purposes of Development of Regional Impact (DRI) review, includes approximately 570 acres of restoration.  Much of the system is located in the Cape Cod National Seashore.  Various tide control structures, including a new Chequessett Neck Bridge, are proposed in Wellfleet to facilitate this restoration and tidal flow.  The overall project received its final Massachusetts Environmental Policy Act (MEPA) certificate on July 15, 2016.  The DRI public hearing period on the project was opened procedurally on August 29, 2016; the hearing period was extended a number of times to allow the Town to develop a DRI application responsive to local concerns and relevant issues from the RPP. At its meeting on March 7, 2019 the Committee on Planning and Regulation (CPR) issued a written scope of the relevant RPP issues for DRI review.   The Town of Wellfleet submitted a DRI application in December 2019 and DRI review began with a subcommittee hearing March 9, 2020 in Wellfleet.  The subcommittee held a continued, virtual hearing on April 30, 2020.  The subcommittee met in early June and voted to recommend a draft written DRI decision to the full Commission.  The full Commission held a continued hearing June 11, 2020, at which it adopted the draft written DRI decision and granted DRI approval, with Conditions, for Phase 1 of the restoration project.  

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 the large-scale, ground-mounted solar array proposed 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 This project was previously withdrawn from DRI review but has now been refiled.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 January 24, 2020.  A subcommittee held DRI hearings February 27, 2020 in Sandwich and March 12, 2020 at CCC offices.  The subcommittee met on April 14, 2020 and voted to recommend to the full Commission that the Project be approved, with Conditions. The full Commission held a hearing on the DRI May 14, 2020 (postponed/ continued from April 30, 2020) at which it adopted the draft DRI decision and granted DRI approval, with Conditions, for the project.  

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 August 26, 2019 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 October 23, 2019, November 4, 2019, November 21, 2019, December 9, 2019 and December 19, 2019.  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 January 23, 2020.  At its February 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.  The decision is currently under appeal in Land Court. 

Modification- Hyannis Chapter H Decision (CCC File No. 19019) 

In early June 2020, the Town of Barnstable, after holding local public hearings and by unanimous, respective votes of its Planning Board and Town Council, applied to the Commission to modify the “Chapter H” decision, dated April 4, 2019, for the designated Economic Center and Industrial Service and Trade Area in Greater Hyannis, which decision was issued pursuant to Chapter H: Code of Cape Cod Commission Regulations of General Application, as amended. The modification requested the addition of “Wholesale” uses to those uses eligible for the revised Development of Regional Impact review threshold in the designated Industrial Service and Trade Area established under the Chapter H decision.  At its meeting on June 11, 2020, the Cape Cod Commission held a hearing, adopted a written Chapter H modification decision, and approved the request from the Town of Barnstable.   

 554 Wianno Avenue, Osterville (CCC File No. 20052) 

The Cape Cod Commission has received a mandatory DRI referral from the Town of Barnstable for the proposed, Substantial Alteration of a building at the above-referenced property.  The building is listed as a contributing structure in a National Register Historic District.