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March Regulatory Update

Regulatory Status Update 2

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.  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 MEPA certificate on 7/15/16.  The DRI public hearing period on the project was opened procedurally on 08/29/16; the hearing period has since been extended a number of times through the present. 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 under review by the Commission specifically styled as “Phase 1.”   The Town has submitted a DRI application for Phase 1 and a subcommittee held a DRI hearing March 9, 2020 in Wellfleet.  The Subcommittee continued the hearing to April 2, 2020 at the Barnstable County Complex.

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 This project was previously withdrawn from DRI review but has now been refiled.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 1/24/2020.  A subcommittee held DRI hearings 2/27/2020 in Sandwich and 3/12/2020 at CCC offices.  The subcommittee continued the hearing to the full Commission meeting of April 30, 2020.  Prior to this date, the subcommittee will hold further meetings on the project to formulate its recommendation on the project to the full Commission.

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.  The decision is currently under appeal in Land Court.


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 (NOI) 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 held a hearing and approved the NOI at its meeting 3/5/2020, allowing the applicant to proceed with a Development Agreement Application with the Commission.


90 Wachusett Avenue Demolition (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.  The Applicant is in the process of withdrawing its demolition application from the Town, which would also withdraw the matter from the Commission.


Chequesset Yacht and Country Club / Wellfleet Conservation Trust Land Division (CCC File No. 20046)

680 Chequessett Neck Road, Wellfleet 

The Chequessett Yacht and Country Club and the Wellfleet Conservation Trust have applied for a DRI Exemption from the Commission to allow for a land division of a portion of the Club’s property.  The land division will allow this land to be conveyed to the Wellfleet Conservation Trust to hold for open space purposes.  The hearing on the DRI Exemption is on the agenda for the Commission meeting of 3/2/2020.

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