August 2018 Regulatory Update

Herring River Restoration Project
Towns of Wellfleet and Truro

The purpose of the project is to restore habitat in and re-establish tidal flow to the 1,100 ac. +/- Herring River estuary and floodplain system.  The project received its final MEPA certificate on 7/15/16, which effectively referred the project to the Cape Cod Commission as a DRI.  To date no project application has been filed with the Commission. The DRI public hearing period on the project was opened procedurally on 08/29/16; the period has since been extended three times, and the current extension runs through 04/05/2019. The towns have requested, and Commission has approved, extensions to allow additional time to engage the local communities in the preparation of the application.

Bourne Integrated Solid Waste Management Facility
201 MacArthur Boulevard, Bourne

The Commission reviewed and commented on a MEPA Expanded Notice of Project Change (ENPC) submitted by the town of Bourne for the proposed Phase 6 expansion of the Bourne Landfill, which as proposed would expand the current landfill by approximately 6-10 acres.  The ENPC included the conceptual expansion of Phases 7 & 8, which would in total extend the life of the landfill to 2034.   On 01/12/2018 the Secretary of EOEEA issued a Certificate on the ENPC requiring the Town to submit a Single Environmental Impact Report (SEIR) for the project.  The town submitted a SEIR to the MEPA office in May 2018.  The Secretary issued a Certificate of adequacy on the SEIR in July 2018. The Project will ultimately require Commission review and approval because the Secretary of the Commonwealth’s EOEEA required the preparation of an EIR for the Project.   Staff anticipates that a DRI application will be submitted in early September.

Eastham Water System Phase 2
Town of Eastham

The Commission granted DRI approval for Phase 1 of the Town of Eastham’s new municipal water supply system in 2015. The Town of Eastham initiated MEPA review of proposed Phase 2 of the system by filing a Draft Supplemental Environmental Impact Report (EIR) with the MEPA office in January 2018. Phase 2 consists of a third wellfield, a second water tower, and distribution piping connecting all properties in the town not served by Phase 1. A Certificate on the Draft EIR was issued by the Secretary of the Office of Energy and Environmental Affairs (EEA) in March 2018.  The town subsequently filed a Final EIR with MEPA in March 2018 and received a Certificate on the Final EIR in April 2018.  The town filed an application for DRI review on May 5, 2018.  On June 5, 2018 a DRI subcommittee held a public hearing on the project in Eastham and continued the hearing to a meeting of the full Commission on July 12, 2018.  The Commission granted DRI approval for the Project at its meeting on July 12, 2018.

Tradesmen’s Park South
298 Route 6, Truro

The Commission received a DRI Scoping application for a proposal to develop two (2) buildings each with industrial bays and climate-controlled storage.

Life Storage Self-Storage Facility Upgrades
6 Washington Circle, Sandwich

The Commission received a DRI Scoping application  for a proposal to upgrade a portion of an existing self-storage facility by demolishing two (2) existing single-story self-storage buildings and constructing a 3-story climate controlled self-storage facility.

Vineyard Wind Connector
Yarmouth/Barnstable

In January 2018, the Commission reviewed and commented on a MEPA Environmental Notification Form (ENF) submitted by Vineyard Wind, LLC for a proposed 800-megawatt offshore wind project in federal waters, with a portion of the offshore export cables, all of the onshore underground cables, and a proposed onshore substation within Massachusetts boundaries.  On February 9, 2018 the Secretary of EOEEA issued a Certificate on the ENF requiring the preparation of a mandatory Environmental Impact Report (EIR) for the project.  The project proponent submitted a Draft EIR (DEIR) to the MEPA office in April 2018.  A Certificate on the DEIR was issued by the Secretary of EOEEA in June 2018 requiring the preparation of a Supplemental DEIR.  The Project will ultimately require Commission review and approval, after MEPA review concludes, because the Secretary of the Commonwealth’s EOEEA required the preparation of an EIR for the Project.

Blue Sky Towers, LLC Wireless Communications Tower
101 Red Brook Road, Mashpee

In June 2018 the Commission received a mandatory DRI referral from the Mashpee Planing Board for a proposed 150’ monopole-style wireless communications tower within a 100’ x 100’ leased area at Mashpee Fire Station #2.  A DRI application has been submitted to the Commission for review; Verizon and T-Mobile are the proposed carriers.  On September 5, 2018 a DRI subcommittee will hold a public hearing on the project in the town of Mashpee.

Cape Cod Mall Redevelopment
Hyannis

In June 2018 the owner of the Cape Cod Mall submitted a request to modify the 1998 DRI Decision authorizing   redevelopment of the Sears space and associated site changes to facilitate new tenants, including Target.  At its meeting on July 12, 2018, the Committee on Planning and Regulation directed Commission staff to prepare   a Minor Modification Type #2 decision approving the modification, with conditions, for further review at its July 26, 2018 meeting, at which meeting the Committee voted to approve the modification, with conditions.

Nautilus Motel redevelopment, fka Wise Living Woods Hole
533 Woods Hole Road, Falmouth

The new owner submitted a request to modify the 2008 Limited DRI decision which allowed an independent senior living facility at the property.  The new owner proposes site and building changes to the plans previously approved by the Commission, arranging the living units into multiple buildings rather than one large building.  At its meeting on July 26, 2018, the Committee on Planning and Regulation directed Commission staff to prepare a Minor Modification Type #2 decision approving the modification, with conditions, for review at its August 9, 2018 meeting, at which meeting the Committee voted to approve the modification, with conditions.