May 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.  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 Development of Regional Impact (DRI) public hearing period on the project was opened procedurally on August 29, 2016; 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, a virtual hearing on April 30, 2020, and continued the hearing to the full Commission meeting of June 11, 2020.  The subcommittee will meet in May to formulate its recommendation and a draft DRI decision for the full Commission’s consideration.  

AMP Energy Solar Project (CCC File No. 19034) 

180 Cotuit Road, Sandwich 

The Commission received a mandatory Development of Regional Impact (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  This project was previously withdrawn from DRI review but has now been refiled.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 the Cape Cod Commission 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 from April 30, 2020) at which it adopted the draft DRI decision recommended by the subcommittee, and granted DRI approval for the project subject to the Conditions set out in the DRI decision.   

Tractor Supply (CCC File No. 19020) 

Bearses & Pitcher’s Ways, Hyannis 

The Commission received a mandatory Development of Regional Impact (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 12, 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.