Regulatory Update- April 2018

Eastham DCPC
Town of Eastham, Northern Business District

The Town of Eastham submitted a District of Critical Planning Concern application for the North Eastham commercial district on 08/31/2017. The Commission accepted the nomination the same day. A public hearing was held in the Town of Eastham on 10/03/2017 and continued to the full CCC meeting on 10/12/2017. On 10/12/2017 the Commission unanimously voted to support the designation and forward it to the Assembly of Delegates for adoption by County Ordinance. The Assembly of Delegates unanimously approved the designation on 11/01/2017. The Town has one year to develop implementing regulations in conformance with the decision.  Commission staff has been actively engaged with the Town to obtain public input on proposed implementing regulations, consisting of new zoning regulations and design guidelines for the District.  A public workshop was held on December 19, 2017 to obtain input on a proposed “character areas” map that creates sub-areas within the District.  Staff also presented three different form and layout scenarios for the “core” sub-area at the intersection of Brackett Road and Route 6.  The Town also presented options to create a unique brand for Eastham for public review and comment.  A second public workshop to review proposed zoning concepts was held on Tuesday, February 6, 2018 in the Eastham Town Hall.

Two joint workshops were held with the Eastham Planning Board and Board of Appeals in February and March to review proposed implementing regulations for the District.  Proposed implementing regulations focus on new zoning regulations to address the form and scale of future development, a tiered review process, and design standards.  On April 4, 2018, the Planning Board closed the public hearing on proposed revisions to the zoning bylaw, and both Boards recommended adoption of the new zoning at the annual Town Meeting to be held on May 6, 2018.

Downtown Hyannis Growth Incentive Zone
Town of Barnstable

In March 2018, the Town of Barnstable applied to re-designate the Downtown Hyannis Growth Incentive Zone (DHGIZ), originally approved by the Commission in 2006. The Commission held a public hearing on the proposed re-designation March 22, 2018, which was continued to April 19, 2018.  The Committee on Planning and Regulation met to review a draft written decision for the DHGIZ re-designation on April 5, 2018.

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 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.

Pleasant Street Demolition
46 Pleasant Street, South Yarmouth

The Commission received a mandatory DRI referral from the town of Yarmouth Building Commissioner on 11/6/17 for the proposed demolition of a residence, which is listed as a contributing structure in the Bass River/ South Yarmouth National Register District.  The applicant withdrew its local permit application for the proposed demolition on 2/28/18, ending DRI review of the matter.  This withdrawal was reported to the Commission at its meeting on 3/22/18.

Falmouth Technology Park Development Agreement Extension
Technology Park Drive, Falmouth

At its meeting on March 22, 2018, the Commission agreed to extend the term of the Falmouth Technology Park Development Agreement to February 2021, as requested by the Falmouth EDIC.  The current agreement was entered into with the Commission in 2006.

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. 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. As the town was required to prepare a Supplemental EIR for Phase 2, the project will require further DRI review after MEPA review has been completed.