Regulatory Update | February 2022

Feb 17, 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.

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 25, 2021, the Commission determined that the proposed Project, as described in the Notice of Intent application, was eligible and suitable to be the subject of a Development Agreement. The Cape Cod Commission deemed the applicant's Development Agreement Application complete. The subcommittee hearing on the Project opened on March 22, 2022, and continued hearings were held on April 12, 2022, May 17, 2022, May 31, 2022, June 8, 2022, and July 12, 2022. A subcommittee meeting was held on July 28, 2022. A subcommittee hearing to review a draft Development Agreement was noticed for and held on December 20, 2022, and continued to January 5, 2023. On January 5, 2023, the subcommittee voted to recommend that the Cape Cod Commission approve and authorize its signature to the 35 Scudder Residential Community Development Agreement. 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.

New England Wind Connector (CCC File No. 22005)
Barnstable

The Commission received the Certificate of the Secretary of Energy and Environmental Affairs on the Project’s Final Environmental Impact Report on January 28, 2022. The Project, which will be reviewed as a Development of Regional Impact (DRI), proposes to deliver power generated by a large-scale renewable wind energy generation facility within the federally designated Wind Energy Area to the New England energy grid via offshore export cables from, and onshore underground cables to, a new substation in Barnstable and ultimately to an interconnection point at Eversource’s existing West Barnstable Substation. A staff hearing officer opened the DRI hearing period procedurally on March 14, 2022. DRI Application materials were submitted on June 10, 2022, which are under review by staff. The hearing period was extended by mutual agreement to March 10, 2022. A hearing has been scheduled for March 7, 2023.

Falmouth Rd Market (CCC File No. 21015)
647 Falmouth Rd/9 Shellback Way, Mashpee

The Commission received a mandatory Development of Regional Impact (DRI) referral from the Town of Mashpee on August 29, 2022 for a 13,229 square foot retail grocery store with associated parking on a 3.97-acre parcel. DRI Application materials were submitted on September 16, 2022. A staff hearing officer opened the DRI hearing period procedurally on October 28, 2022. A substantive subcommittee hearing was held on November 9, 2022 and continued to December 12, 2022, and further continued to January 3, 2023. The Project was withdrawn on February 1, 2023 and is no longer pending before the Commission.

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.

27 Crosby-Bingham Pier Modifications (CCC File No. 22011)
27 Crosby Lane, East Falmouth

The Commission received the Certificate of the Secretary of Energy and Environmental Affairs on the Project’s Single Environmental Impact Report on October 31, 2022. The Project is located on a private single-family residential property on the Moonakis River and proposes to reconfigure, extend, and repair an existing pier to provide safe access for its users. The hearing period was opened procedurally by hearing officer on December 15, 2022. No application has been received, and no substantive hearings have been scheduled.

96 Megansett Bourne (CCC File No. 22012)
96 Megansett Road, Bourne

The Commission received the Certificate of the Secretary of Energy and Environmental Affairs on the Project’s Single Environmental Impact Report on October 31, 2022. The Project includes constructing a new single-family home and associated improvements and structures, including a stormwater management system and construction of a pier and floating dock. The hearing period was opened procedurally by hearing officer on December 15, 2022. No applications have been submitted and no substantive hearings have been scheduled.