Regulatory Update | October 2023 

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.   

Cannery Wharf Park (CCC File No. 23012)  
387 Commercial Street, Provincetown 

The Commission received the Certificate of the Secretary of Energy and Environmental Affairs on the Project’s Environmental Impact Report on September 15, 2023. The Project, proposed by the Town of Provincetown, will convert a former parking lot into a waterfront, accessible, passive park to provide a barrier-free accessible route from Commercial Street to Provincetown Harbor. The proposal includes stormwater management improvements and other complementary coastal protection strategies. The Applicant has filed an application for a DRI Exemption. No substantive hearings have been scheduled. 

Yarmouth Riverwalk (CCC File No. 23031)  
669 Route 28, South Yarmouth 

The Commission received the Certificate of the Secretary of Energy and Environmental Affairs on the Project’s Environmental Impact Report on June 6, 2023. The proposed project repurposes an existing altered site to provide the public with an open space area, planned to include a four-acre grass multi-purpose field, shared use and woodland paths, restroom and office building, parking, artist shanties, playground, and elevated boardwalk. A staff hearing officer opened the Development of Regional Impact (DRI) hearing period procedurally on August 7, 2023. The Committee on Planning and Regulation held a substantive hearing on the Project on September 21, 2023. The hearing was continued to the meeting of the full Commission on September 28, 2023. At a meeting on September 26, 2023, the Committee on Planning and Regulation voted to recommend the Project for approval by the full Commission. The Commission voted to approve the project at their meeting on September 28, 2023.  

Excel Switching Corp Corporate Facilities (CCC File No. 08020) 
75 Perseverance Way, Barnstable 

The Commission received an application from Switch Gears, LLC for a Minor Modification #2 to the 2009 Development of Regional Impact (DRI) Hardship Exemption Decision of the Excel Switching Corp Corporate Facilities, which approved two, 32,000-s.f.+/-, two-story office buildings with 84 parking spaces. The proposed modification would replace the plans to construct the two office buildings with plans to construct two, 89,000-s.f.+/-, three-story self-storage buildings, with 16 total parking spaces. The Committee on Planning and Regulation reviewed the proposed Minor Modification #2 at their regular meeting on September 14, 2023 and directed staff to draft a decision denying the request. On September 21, 2023, the Applicant withdrew the Minor Modification #2 application from consideration. 

Southwind Plaza ANR (CCC File No. 23018)  
990 Iyannough Rd & 65 Independence Drive, Barnstable 

The Commission received a Development of Regional Impact (DRI) referral for the Project from the Town of Barnstable on July 24, 2023. The Project proposes to divide a parcel of land located near the intersection of Iyannough Road and Independence Drive. A staff hearing officer opened the DRI hearing period procedurally on September 22, 2023. The Applicant has filed an application for a DRI Exemption. The Commission voted to approve the DRI exemption on October 26, 2023.

Great Neck Rd North Monopole (CCC File No. 23020)  
524 Great Neck Road North, Mashpee  

The Commission received a Development of Regional Impact (DRI) referral for the Project from the Town of Mashpee on August 14, 2023. The Project proposes to construct a 130-foot wireless communications tower. A staff hearing officer opened the DRI hearing period procedurally on October 10, 2023. On October 18, 2023 the Applicant withdrew the DRI referral from consideration. 

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 December 1, 2023. No substantive hearings have been scheduled. 

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

Quarterra Multifamily Communities, LLC f/k/a Lennar Multifamily Communities proposed 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”). On February 2, 2023, the Cape Cod Commission voted to approve and authorized the Chair to sign the Development Agreement on behalf of the Cape Cod Commission. The project is currently under appeal.