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Regulatory Status Report

Cape Cod Commission  Regulatory Status Report Listed below are Developments of Regional Impact (DRIs) and other major proposals whose applications either have been recently decided or are currently under review by the Cape Cod Commission.. Information about DRI reviews may be found in the Regulatory Department web page:

DRI Reviews of Proposed Projects:


·         LOWE’S OF DENNIS

On January 9, 2014, the full membership of the Commission voted 8 to 6 to accept the review subcommittee recommendation to deny the DRI application for construction of a Lowes retail facility of approximately near the intersection of Theophilus F. Smith Road and Route 134 in South Dennis.  As shown on plans submitted to the Commission by Lowe’s on 11/6/13, the proposed project was to have consisted of the construction of a building with approximately 106,609 square foot footprint, with 112,179 square feet of Gross Floor Area, including a Garden Center, and a 5,570 square foot mezzanine.  A separate 1,600 square foot liner building was also proposed.



On October 17, 2013 the Commission approved, with conditions, the application of Falmouth Hospital Association, Inc. as a DRI-Project of Community Benefit Hardship Exemption.  The proposed project involves construction of a new 19,000 square foot addition to the existing Hospital at the Ter Heun campus which will enable the reconfiguration of the Hospital’s emergency department in Falmouth, MA.  The new structure will be one story on slab.  The project also involves the renovation of an additional 3,000 square feet of interior space, resulting in a 22,000 square foot Emergency Department.  The project will also include new support spaces, a clinical core, dedicated emergency entrance, waiting area, and ambulance drop-off bays, as well as site plan changes to accommodate the new structure.



The proposed project consists of the construction and operation of a 150-foot wireless telecommunications monopole with antenna mounts and associated ground-mounted equipment within a 10,000 square foot area, construction of a gravel access road and drainage, and on-site open space at 284 Old Meetinghouse Road, East Falmouth, MA. The Applicant, Industrial Tower and Wireless, proposes to lease a portion of the land owned by the Midway Trap and Skeet Club of Falmouth for the project; the leased area, including the fall zone for the tower, constitutes the project site. The monopole is designed with space for five (5) carriers, which include AT&T, Metro PCS, Verizon and two as yet unidentified carriers. The carriers will utilize either equipment shelters or cabinets for the ground-mounted telecommunications equipment.

A Hearing Officer held a substantive DRI hearing at the Falmouth Public Library on 1/29/14, which was continued to the Commission meeting of 2/13/14 to receive further materials and public testimony.


Comprehensive Wastewater Management Plan (CWMP)/Targeted Wastewater Management Plan (TWMP) for the Town of Falmouth’s South Coast Watersheds and recommendations for the West Falmouth watershed. A MEPA Certificate of Adequacy issued on January 10, 2014, detailing a series of projects to come forward as Notices of Project Change. A Development of Regional Impact hearing before Commission Hearing Officer is scheduled for 5 p.m. February. 11, 2014 at Falmouth Public Library.

The CWMP/TWMP involves the Little Pond, Great Pond, Green Pond, Bournes Pond, Eel Pond, and Waquoit Bay Watersheds (South Coast Watersheds) and Recommendations for West Falmouth Harbor Watershed. The CWMP/TWMP provides a comprehensive and targeted plan for wastewater management for the South Coast Watersheds and recommendations for upgrade of the existing Wastewater Treatment Facility (WWTF) in the West Falmouth Watershed including wastewater collection from select areas, treatment at the existing WWTF, recharge of additional treated water at a site north of the existing WWTF site using sand infiltration beds, and widening of the Bournes Pond Inlet. The CWMP/TWMP also identifies pilot projects for non-traditional wastewater and nitrogen management methods, proposes deferral of planned sewer construction in select areas, and includes modular construction of treatment and recharge facilities. The CWMP/TWMP has a 20-year planning period (2015 to 2035) with a 40 year perspective to meet nitrogen total maximum daily loads (TMDLs), and takes an adaptive management approach.



The Commission unanimously approved the DRI application of ND Acquisitions, LLC for Bridges of Mashpee at its January 30, 2014 meeting. The project is located at the intersection of Old Barnstable Road and Route 151, Mashpee and proposes54-unit, memory care assisted living residential development, which will occupy approximately 5 acres of the 24 acre +/- project site. The project site consists of five separate lots that will be combined into a single lot in connection with the project. The project site is currently vacant and undeveloped, and approximately 19 acres of the project site is proposed to remain in a natural, undisturbed state dedicated as permanent open space through a conservation restriction. The proposed gross floor area of the project is approximately 45,000 square feet. The proposed 54 residential apartment units contain a total of 60 beds, grouped into three “household” wings in a single story.



At its meeting 11/14/13, the Commission voted not to accept the Bourne Board of Selectmen’s discretionary referral requesting that the Commission accept the project as a Limited DRI in the Regional Policy Plan issue areas of wetlands, land use/ growth management, transportation and historic preservation.

The project involved: 1) the construction of an 8,000 sq. ft. building addition and related site improvements within a wetlands buffer zone on a property previously granted a DRI exemption, and: 2) the development of accessory, off-site parking across the street on a commonly-owned lot, which contains the “Keene House” residence dating to circa 1690 proposed to remain on the lot.



The Commission voted to propose the District of Critical Planning Concern (DCPC) designation in July 2013.  The Assembly of Delegates approved the DCPC designation in September 2013. Changes in State law invested exclusive authority over fertilizer regulation in the Department of Agricultural Resources.  However, pursuant to an exception provided to the Commission within those changes to the law, the Fertilizer Management DCPC allows Towns in Barnstable County to adopt fertilizer regulations or by-laws.  The time to adopt such regulation has recently been extended by the legislature to December 2014.



A proposed master plan for the regional airport located in Barnstable. The Commission approved a Notice of Intent to File a Development Agreement on 11/29/12. The Commission’s Regulatory Committee extended the deadline to file a Development Agreement application to 11/29/14.


A proposed mixed use development/village center on about 50 acres off Route 130 and Cotuit Road, involving redevelopment of three existing shopping plazas and new development (about 886,600 sq.ft. of mixed-use space) on 23 acres of the project site. The project proposes an off-site wastewater treatment facility about one mile north, off Jan Sebastian Drive.  The Commission approved the Notice of Intent to File a Development Agreement on 7/19/12. The deadline to file a Development Agreement  application was extended by the Regulatory Committee to 7/19/14.  The Massachusetts Secretary of Energy and Environmental Affairs issued a MEPA Certificate on the project’s Final Environmental Impact Report on 11/14/12.




Proposed Town of Barnstable Comprehensive Wastewater Management Plan (CWMP)/Environmental Notification Form (ENF). The CWMP will assess the wastewater needs, evaluate mitigation measures, and develop a recommended plan. The Massachusetts Secretary of Energy and Environmental Affairs issued a MEPA Certificate on the ENF on 7/20/12 requiring the preparation of an Environmental Impact Report (EIR).


The proposed Town of Harwich CWMP for a Town-wide wastewater collection and treatment system, which primarily involves a traditional wastewater program with about 92 miles of sewer pipes, 30 pumping stations, and two centralized treatment facilities. Components will be phased over 40 years. Collected wastewater will be treated at the existing facility in Chatham and at a new facility in Harwich.  The Massachusetts Secretary of Energy and Environmental Affairs issued a Phase I Waiver on 5/10/13 which allowed Phase One of the Project (Muddy Creek Culvert widening under Route 28) to proceed prior to preparation of an Environmental Impact Report (EIR) for the entire project.


The project proposes to reestablish tidal flow to the 1,100-acre Herring River estuary and floodplain in and adjacent to the Cape Cod National Seashore. The Herring River Restoration Committee and the National Park Service (NPS) are preparing a Draft Environmental Impact Statement/ Environmental Impact Report (DEIS/DEIR ) for the proposed project in accordance with the National Environmental Policy Act (NEPA), the Massachusetts Environmental Policy Act (MEPA), and the Cape Cod Regional Policy Plan. Proposed restoration actions include reconfiguration of the Chequessett Neck Road dike and tide gates, replacement of additional upstream culverts, additional upstream tidal-control structures, and mitigation to low-lying roadways, structures, and private properties. A hearing on the DEIS/DEIR was held on 11/8/12 and closed on 12/12/12.  The Massachusetts Secretary of Energy and Environmental Affairs issued a MEPA Certificate on 12/21/12 which determined that the DEIR was adequate, and required the Applicant to draft a Final Environmental Impact Report (FEIR).  The project now must undergo MEPA review of the FEIR and a FEIS at the Federal level, prior to any DRI review.


Provincetown Municipal Airport is located within the Cape Cod National Seashore on approximately 322 acres of federally owned land administered by the National Park Service.  The Airport is a public use, commercial service airport with scheduled Cape Air airline passenger service to and from Logan Airport in Boston, serving about 10,000 passengers annually.   The Airport site consists of developed airside and landside areas used for Airport operations and facilities, as well as undeveloped areas that consist of grasslands, coastal dunes, and wetlands.  The Provincetown Airport Commission (Applicant) proposes a Capital Improvement Plan that includes the following twelve (12) safety and facility improvement projects.

  • Westerly taxiway system improvements,
  • Relocation of the east end taxiway;
  • Reconstruct terminal apron with same footprint
  • Reconstruction of the easterly end of the partial parallel taxiway with same footprint;
  • Installation of taxiway edge lights, taxiway signs, and construction of an electric vault;
  • Rehabilitation or replacement of sightseeing shack;
  • Improvements MALSF (Medium Intensity Approach Lights System with Flashers) approach lights access road;
  • Construction of service access roads;
  • Installation of perimeter fence;
  • Expansion of auto parking;
  • Expansion of terminal building; and
  • Construct turf apron

The Massachusetts Secretary of Energy and Environmental Affairs issued a MEPA Certificate on 2/17/12, which determined that the Airport’s FEIR was adequate.  The Airport withdrew from DRI review based on a unanimous vote of the Commission on at 6/7/12

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