Regulatory Update - November 2015

DEVELOPMENT OF REGIONAL IMPACT

ATKINS ROAD SUBDIVISION

Atkins Road, Sandwich

DESCRIPTION: The Project proposes to subdivide 36.911 acres into a 23-lot single-family residential cluster. Approximately 27.5+/- ac. will be preserved as permanently protected open space.

STATUS: The DRI public hearing was opened for procedural purposes on 07/02/15. On 08/03/15, the application was deemed sufficient to proceed to a public hearing. A subcommittee public hearing was held 08/27/15 and continued to 09/10/15, when a vote to recommend the project to the full commission was taken. The full Commission voted to approve the application, with conditions, on 09/27/15.

Project files are available for review in the Project Files section of the Cape Cod Commission website (http://www.capecodcommission.org/projects)

DEVELOPMENT OF REGIONAL IMPACT

MASHPEE CWNMP

Town of Mashpee

DESCRIPTION: The Town of Mashpee’s Comprehensive Wastewater & Nitrogen Management Plan proposes a comprehensive wastewater and nitrogen management plan for the town, intended to achieve reductions in wastewater nitrogen loading and compliance with the overall TMDL’s for nitrogen loading to the town’s coastal embayments including to Popponesset and Waquoit Bays.

STATUS: MEPA Certificate on FEIR issued July 31, 2015. The first CCC DRI hearing was held 07/14/15, and the DRI public hearing period was extended to November 20, 2015. A Development of Regional Impact (DRI) hearing is scheduled for Nov. 10, 2015.

Project files are available for review in the Project Files section of the Cape Cod Commission website (http://www.capecodcommission.org/projects)

DEVELOPMENT OF REGIONAL IMPACT

SPRINGHILL SUITES BY MARRIOTT

556 Main Street, Falmouth

DESCRIPTION: Proposed hotel containing 110 units. Associated site improvements include paved parking, driveway and pedestrian areas, landscaped areas, outdoor amenities for hotel guests, a stormwater management system, and site utilities.

STATUS: Limited DRI review. Subcommittee hearings held 05/26/15, 06/15/15, 06/30/15, 07/09/15, 07/23/15 and08/06/15. On 08/06/15 the subcommittee voted to recommend a draft decision approving the project with conditions to the full Commission. The Commission held a public hearing on 08/20/15 to consider adoption of the subcommittee’s recommended decision. On 09/03/15, the full Commission voted against adopting the subcommittee’s recommended decision, voted that the project’s probable benefit was not greater than its probable detriment, and instructed staff to prepare a decision denying the project. The full Commission voted to adopt the decision denying the project at its meeting on 09/17/15. This decision is currently under court appeal.

Project files are available for review in the Project Files section of the Cape Cod Commission website (http://www.capecodcommission.org/projects)

DEVELOPMENT OF REGIONAL IMPACT

WELLFLEET COMMUNICATIONS CELL TOWER

724 Route 6, Wellfleet

DESCRIPTION: 90-foot high multi-user monopole type communications tower and associated improvements.

STATUS: The DRI public hearing was opened for procedural purposes on 08/07/15. On 08/11/15, the application was deemed sufficient to proceed to a public hearing. A substantive public hearing was held 09/08/15, and continued. At the 09/22/15 continued hearing, the subcommittee recommended approval and continued the hearing to the 10/01/15 meeting of the full Commission. The Commission approved the project, subject to conditions.

Project files are available for review in the Project Files section of the Cape Cod Commission website (http://www.capecodcommission.org/projects/)

DEVELOPMENT OF REGIONAL IMPACT – HARDSHIP EXEMPTION

PROVINCETOWN MUNICIPAL AIRPORT CAPITAL IMPROVEMENTS PLAN

176 Race Point Road, Provincetown

DESCRIPTION: The project consists of 12 infrastructure elements to improve safety and security at the Airport, in keeping with FAA requirements.  DRI and hardship exemption approval is sought.

STATUS: A substantive DRI hearing on the application was held Nov. 4, 2015 before a hearing officer at Provincetown Town Hall. A draft decision is available for review, along with all other project files, in the Project Files section of the Cape Cod Commission website (http://www.capecodcommission.org/projects/)

DEVELOPMENT AGREEMENT

VILLAGE SPORTS COMPLEX

Cotuit Road and Quaker Meetinghouse Road, Sandwich

DESCRIPTION: Project site is 56 acres +/- off Cotuit and Quaker Meetinghouse Roads in East Sandwich, which is currently owned by the town, and for which the Applicant has a purchase and sale agreement with the town. The Applicant is seeking a Development Agreement to construct a sports and convention complex in the town of Sandwich including several playing fields, gymnasium, field house, ice rink, natatorium, wastewater treatment facility, two hotels, a retail building and parking.

STATUS: By positive vote on 05/28/15, the Commission determined that the Project is appropriate for consideration under a Development Agreement. The Applicant may file a Development Agreement Application within one year of the vote (by 05/28/16), pending certification of the Project under the Massachusetts Environmental Policy Act.

AMENDED AGREEMENT FOR JUDGMENT

HOME DEPOT

65 Independence Drive, Hyannis

DESCRIPTION: An additional 4,900 square feet of retail display space was proposed to be added to the existing 79,995 square feet occupied by Home Depot at its present location.

STATUS: Approved by the Executive Committee of the Cape Cod Commission on 09/25/15

DRI PERMIT EXTENSION

South Cape Village

Route 28 (Falmouth Road) & Donna’s Lane, Mashpee

DESCRIPTION: Request by DPF Mashpee LLC to extend the time to obtain local permits for under the DRI decision for South Cape Village. The DRI decision allows for construction of 160,000 square feet of shopping center space.

STATUS: On 10/01/15, the Committee on Planning and Regulation approved an extension to 03/31/21.