Regulatory Update | July 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.

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. No hearings have been scheduled.

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 on July 17, 2024 for a division of land over 30 acres. The project proposes division of a 55.7-acre lot with the purpose of transferring 48.2 acres for conservation. No hearings have been scheduled.

One Love Lane (CCC File No. 24018)
1 Love Lane, Dennis

The Cape Cod Commission received a Discretionary Referral from the Town of Dennis Planning Board on July 3, 2024. The building permit which is the subject of the referral is for interior renovations to a building formerly used as a nursing home. The Commission discussed the matter during the July 25, 2024 Cape Cod Commission meeting and voted to not accept the discretionary referral as it did not meet the criteria for review as a Development of Regional Impact.

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. No 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. 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. No 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 hearing was continued to the meeting of the full Commission 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 hearing was continued to July 30, 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 August 7, 2024.