March 2019 Regulatory Update

Herring River Restoration Project- Phase 1
Town of Wellfleet

The purpose of the project is to restore habitat in and re-establish tidal flow to the 1,100 ac. +/- Herring River estuary and floodplain system.  The project received its final MEPA certificate on 7/15/16, which effectively referred the project to the Cape Cod Commission as a DRI.  To date no project application has been filed with the Commission. 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 approved by decision the Town of Wellfleet’s application to scope various Regional Policy Plan issues for eventual DRI review.

Life Storage Self-Storage Facility Upgrades
6 Washington Circle, Sandwich

The Commission has received a DRI Scoping application for a proposal to upgrade a portion of an existing self-storage facility by demolishing two (2) existing single-story self-storage buildings and constructing a 3-story climate controlled self-storage facility.

Vineyard Wind Connector
Barnstable

In January 2018, the Commission reviewed and commented on a MEPA Environmental Notification Form (ENF) submitted by Vineyard Wind, LLC for a proposed 800-megawatt offshore wind project in federal waters, with a portion of the offshore export cables, all of the onshore underground cables, and a proposed onshore substation within Massachusetts boundaries.  On February 9, 2018 the Secretary of EOEEA issued a Certificate on the ENF requiring the preparation of a mandatory Environmental Impact Report (EIR) for the project.  The project proponent submitted a Draft EIR (DEIR) to the MEPA office in April 2018.  A Certificate on the DEIR was issued by the Secretary of EOEEA in June 2018 requiring the preparation of a Supplemental DEIR (SDEIR), which the Applicant submitted September.  The Commission commented on the SDEIR, and the Secretary issued a certificate on the SDEIR in October 2018 determining that the proponent could proceed with a Final EIR.  The applicant submitted the Final EIR in December 2018, and the Secretary issued a Certificate on the Final EIR in February 2019 determining that the project adequately and properly complies with MEPA. The Project also requires Commission DRI review and approval. The applicant submitted a DRI application in February 2019. The DRI public hearing period opened March 18, 2019. The Commission has noticed a substantive public hearing on the project for April 9, 2019, which will be held by Commission staff hearing officer.

Town of Barnstable Chapter H Request
Hyannis Economic Center and Hyannis Industrial Service and Trade Area

Pursuant to Chapter H of the Code of CCC Regulations, the Barnstable Town Council and Planning Board, through the Town Manager, have applied to the Commission to raise and revise certain DRI review thresholds in Greater Hyannis. The Commission has noticed a subcommittee hearing on the request for March 28, 2019.

Canal Street Crossing
Sagamore Beach, Bourne

The Commission has received a DRI referral and application for a proposed senior living and medical/ senior care development. The application is currently under review by Commission staff, and no hearing has yet been scheduled on the application.

Buzzards Bay Growth Incentive Zone
Buzzards Bay, Bourne

The Commission has received a request from the Bourne Board of Selectmen for a minor modification to the Buzzards Bay Growth Incentive Zone decision. Under the modification, the Town would adopt amended provisions to the GIZ Regulations adopted by the Commission in summer 2018 such as to the allowable duration of a GIZ. The Committee on Planning and Regulation will consider the request at an upcoming meeting.

Harriett Taylor Conservation Area
Old County Road, Sandwich

The Compact of Cape Cod Conservation Trusts, on behalf of the property owner, has applied for a DRI exemption to divide the approximately 32 acre property into two parcels, a conservation restricted 30.5 acre parcel and a 1.5 acre building lot. The Commission will hear the DRI Exemption request at its meeting on April 4, 2019