Regulatory Update - April 2021

Victory Drive Solar (CCC File No. 20055)  
9 Victory Drive/ 0 Kiah’s Way, Sandwich

The Cape Cod Commission received a mandatory Development of Regional Impact (DRI) referral from the Town of Sandwich for a 2.25 +/- megawatt ground-mounted solar array and battery storage development proposed by Lodestar Energy on the above-referenced property owned by the Housing Assistance Corporation.    A subcommittee held the first hearing on the Project on January 26, 2021, and a continued hearing on March 2, 2021, at which it voted to recommend a draft decision for DRI approval, with conditions, to the full Commission.  The full Commission held a hearing on the Project on March 11, 2021, and granted DRI approval, with conditions. The DRI appeal period ended on April 21, 2021 with no appeal filed. 

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

The applicant LMC submitted a Notice of Intent (NOI) for a Development Agreement with the Commission proposing to redevelop the site of the Twin Brooks golf course with a new multifamily residential community that includes 312 rental homes in 13 buildings.  The Committee on Planning and Regulation (CPR) voted a favorable recommendation on the NOI to the full Commission at its meeting on January 28, 2021. The full Commission held a hearing on the NOI at its February 25, 2021 meeting and determined that the Project is suitable and eligible for a Development Agreement with the Commission, which determination allows the applicant to apply for and pursue a Development Agreement with the Commission.  

Bourne ISWMF Phases 7, 8 & 9 (CCC File No. 20064)  
201 MacArthur Boulevard, Bourne

The Town of Bourne Department of Integrated Solid Waste Management is pursuing phases 7, 8, and 9 of the existing solid waste facility/landfill, has completed Massachusetts Environmental Protection Agency (MEPA) review for these phases and is now preparing a DRI application for phases 7, 8 & 9.  The Commission reviewed the prior phases of the facility as DRIs.   The Project’s 90-day, DRI hearing period was opened for procedural purposes by the staff hearing officer on February 12, 2021.  No DRI application has yet been submitted to the Commission, and the public hearing period has been extended through September 2021. 

Proposed Demolition- National Register Historic District (CCC File No. 21001) 
103 River Street, So. Yarmouth

The Town of Yarmouth building commissioner sent a mandatory DRI referral to the Commission, dated February 2, 2021, regarding the proposed full demolition of a residence at 103 River Street, South Yarmouth, which is listed as a contributing structure in the Bass River National Register Historic District.  The hearing period was opened for procedural purposes on April 2, 2021. The project was subsequently withdrawn on April 23, 2021. No DRI application was submitted to the Commission.  

Mashpee Commons Development Agreement (CCC File No. 19035)  
Steeple Street, Mashpee

The Commission acted favorably on a Notice of Intent (NOI) for a Development Agreement submitted by applicant Mashpee Commons Limited Partnership in March 2020.  The Notice of Intent related to land of approximately 186.67 acres in the Town of Mashpee owned by the applicant, including land currently occupied by the so-called “Mashpee Commons” development.   The applicant has submitted a preliminary Development Agreement application which is currently under review by staff.  According to the application, the applicant intends to invite the Town of Mashpee to formally participate as a party to the Development Agreement, and the proposed term is 25 years.  The application has not yet been deemed complete and no hearings have yet been scheduled in the matter.   

Blue Sky Towers Monopole (CCC File No. 21005)   
1044 Route 28, South Yarmouth

The Commission received a mandatory Development of Regional Impact (DRI) referral from the Town of Yarmouth for a 120-foot monopole wireless communications tower on March 3, 2021. The applicant has submitted a DRI application which is currently under review by staff. The 90-day hearing period will be opened for procedural purposes on May 7, 2021. A substantive public hearing has not yet been scheduled. 

Modification to Wilkens Campus Development Agreement (CCC File No. 02014) 
Wilkens Lane, Hyannis

The applicants Cape Cod Healthcare and New England Development submitted a notice of intent (NOI) for a modification of the Development Agreement entered into by and between the Cape Cod Commission and Cape Cod Healthcare for property off Wilkens Lane in Hyannis. The Committee on Planning and Regulation (CPR) voted a favorable recommendation on the NOI to the full Commission at its meeting on September 3, 2020. The full Commission held a hearing on the NOI at its October 1, 2020 meeting and determined that the Modification is suitable and eligible for a Development Agreement with the Commission, which determination allows the applicant to apply for and pursue a modification of the Development Agreement.