Regulatory Update | August 2024

This Regulatory Update provides a status on projects currently under review by the Cape Cod Commission. Visit www.capecodcommission.org/regulatory for a full overview of our Regulatory program and answers to frequently asked questions.   

Evergreen Circle Pickleball (CCC File No. 24023) 
51 Evergreen Circle, Mashpee 

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) Referral from the Mashpee Planning Board on August 8, 2024. This project proposes the construction of a 37,000 square foot building on a 3.6-acre parcel. The proposed building will house a restaurant, pickleball courts, golf simulators, and locker rooms. No hearings have been scheduled. 

Sandwich Community Health Center (CCC File No. 24020) 
85 Route 6A, Sandwich 

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) Referral Form from the Sandwich Board of Appeals, on July 29, 2024. This project proposes the construction of a two-story, approximately 20,000-sf building. The building will be used as a community health center, with two dwelling units and associated infrastructure. No hearings have been scheduled. 

Boxberry Hill ANR (CCC File No. 24022) 
0 Boxberry Hill Road, Falmouth

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) Referral Form from the Falmouth Town Planner on August 5, 2024. The project consists of a division of a 38.32-acre lot into four new lots that range in size from 1.83 +/- acres to 32.67 +/- acres. The division is proposed on a parcel subject to two prior DRI Decisions, dated 1999 and 2000 (see Boxberry Hill Road Subdivision and Yuricich ANR, CCC File Nos. 99001/20006). No hearings have been scheduled. 

3 Corn Hill Path (CCC File No. 24004) 
3 Corn Hill Path, Truro 

This project proposes to construct a helical pile supported timber beach access stairway for a single-family dwelling located at 3 Corn Hill Path in Truro. The Cape Cod Commission received a Certificate of the Secretary of Energy and Environmental Affairs on the project’s Rollover Environmental Impact Report on June 14, 2024. The hearing period was opened procedurally on July 29, 2024. The Applicant submitted a Development of Regional Impact (DRI) Exemption application on July 29, 2024. The DRI Exemption application was deemed complete on August 12, 2024. The Commission will hold a hearing on the DRI Exemption at their meeting on September 5, 2024. 

Benjamin Nyes ANR (CCC File No. 24019) 
48 Benjamin Nyes & 0 Quaker Road, Falmouth 

The Cape Cod Commission received an Exemption Application from the 300 Committee Land Trust requesting a Development of Regional Impact (DRI) Exemption for a division of land over 30 acres on July 17, 2024. The project proposes division of a 55.7-acre lot with the purpose of transferring 48.2 acres for conservation. The Applicant submitted a Development of Regional Impact (DRI) Exemption application on July 17, 2024. The DRI Exemption application was deemed complete on July 31, 2024. The Commission will hold a hearing on the DRI Exemption at their meeting on September 5, 2024.  

Quaker Road Monopole (CCC File No. 24011) 
481 Quaker Road, Falmouth 

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) Referral from the Falmouth Zoning Board of Appeals on June 14, 2024 for a proposed 120-foot wireless communications tower with associated ground equipment at 481 Quaker Road in Falmouth. The hearing period was opened procedurally by hearing officer on August 13, 2024. No substantive hearings have been scheduled. 

Long Pond Road Monopole (CCC File No. 24012) 
1185 Long Pond Road, Brewster 

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) Referral from the Brewster Zoning Board of Appeals on June 14, 2024 for a proposed 125-ft wireless communications tower with associated ground equipment at 1185 Long Pond Road in Brewster. The project was withdrawn on August 7, 2024, prior to the hearing period being opened. The same proposal was resubmitted to the Town and the Commission received a new mandatory DRI Referral for the project on on August 12, 2024. No hearings have been scheduled. 

340 MacArthur Blvd (CCC File No. 24010) 
340 MacArthur Blvd, Bourne 

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) referral from the Town of Bourne Planning Board for a proposed Change of Use, greater than 10,000 square feet for proposed redevelopment of an existing vacant 24,379 square foot building for industrial and wholesale use. The site, used in the past for indoor and outdoor recreation, was previously reviewed by the Commission as a DRI. The hearing period was opened procedurally by the hearing officer on August 5, 2024. No substantive hearings have been scheduled. 

Upper Cape YMCA (CCC File No. 24008)  
487 Brick Kiln Road, Falmouth 

The Cape Cod Commission received a Mandatory Development of Regional Impact (DRI) Referral from the Falmouth Planning Board on April 29, 2024.The DRI Referral describes the project as the construction of a new 68,470 square foot YMCA facility on a 6.15-acre vacant parcel. A Commission subcommittee opened a hearing on the Project on June 12, 2024 and held a continued hearing on July 10, 2024. The full Commission voted to approve the project at their meeting on August 8, 2024. 

Brick Kiln Monopole (CCC File No. 24007)  
737 Gifford Street, Falmouth 

The Cape Cod Commission received a Mandatory Development of Regional Impact (DRI) Referral from the Falmouth Zoning Board of Appeals on April 1, 2024. The DRI Referral describes the project as a proposed 130-foot wireless communications tower with associated ground equipment, located at 737 Gifford Street in Falmouth. The hearing period was opened procedurally by the hearing officer on May 31, 2024. A Commission subcommittee opened a substantive hearing on the project on July 2, 2024. The subcommittee held meetings on the project August 7, 2024 and August 13, 2024. The full Commission voted to approve the project at their meeting on August 22, 2024.  

Chatham Airport Safety Improvements Major Modification (CCC File No. 24002/04012)  
240 & 438 George Ryder Road, Chatham 

The Chatham Airport Commission applied for a modification of the 2005 Development of Regional Impact (DRI) Hardship Exemption Decision on December 11, 2023. The Cape Cod Commission received a Limited Discretionary Referral from the Chatham Conservation Commission on February 26, 2024.  The Applicant proposes to manage vegetation and trees, for the purpose of maintaining a safe and navigable airspace at Chatham Municipal Airport. Pursuant to Sections 2(b)(iii), 11, and 12 of the Commission Regulations the proposal must proceed as a Modification to an approved Project. The Applicant filed additional materials to support the application for a Major Modification on April 24, 2024. 

A Commission subcommittee opened a hearing on the Major Modification of the 2005 DRI Hardship Exemption Chatham Airport Safety Improvements Project on June 25, 2024 and continued the hearing to the meeting of the full Commission on July 25, 2024. The subcommittee held a meeting on July 16, 2024 to discuss the Major Modification. The full Commission voted to approve the Major Modification during the July 25, 2024 meeting. 

Pound Pond Flood Mitigation (CCC File No. 22015)  
Lower County Road, Dennis  

The Commission received the Certificate of the Secretary of Energy and Environmental Affairs on the Project’s Rollover Final Environmental Impact Report on August 29, 2022. The Project proposes to restore Pound Pond at Seaview Park in Dennis to provide water quality and flood plain improvements. The limit of work is approximately 6.0 acres and will include approximately 496 linear feet of stream daylighting, removal of a 30-inch culvert pipe, and a proposed pond with a surface area of approximately 1.1 acres. A staff hearing officer opened the DRI hearing period procedurally on October 13, 2022. The hearing period was extended by mutual agreement to September 1, 2024. No substantive hearings have been scheduled. 

35 Scudder Residential Community Development Agreement (CCC File No. 20065)   
35 Scudder Avenue, Hyannis, MA  

On February 2, 2023, the Cape Cod Commission voted to approve and authorized the Chair to sign a Development Agreement on behalf of the Cape Cod Commission with Quarterra Multifamily Communities, LLC f/k/a Lennar Multifamily Communities to redevelop a portion of a 54-acre +/- property at 35 Scudder Avenue in Barnstable, Massachusetts, (“Property”), which was previously used as a golf course, with a residential development consisting of 312 new rental units located in thirteen (13) multifamily buildings, a recreation building, and other associated improvements and amenities (“Project”). The project is currently under appeal. The property has since been sold to another entity.  The lawsuit appealing this Project has been stayed by the court until September 9, 2024.