Regulatory Update- February 2018

CAPE COD COMMISSION REGULATORY UPDATE

Wireless Communications Tower

0 Wakeby Road, Barnstable 

Eco-Site, LLC and T-Mobile Northeast, LLC submitted a DRI application for a proposed 145’ monopole-style wireless communications tower on a ~17 acre undeveloped site located at 0 Wakeby Road in Barnstable. The Commission voted to approve the project at a public hearing on 11/09/2017.

Lighthouse Inn Groin Improvement

1 Lighthouse Inn Road, West Dennis

Lighthouse Inn Inc. submitted a Limited Development of Regional Impact (DRI) Scoping Application on 10/12/2017, proposing to reconfigure existing groin structures for the purpose of enhancing shoreline protection and natural tidal flow.  Upon the recommendation of the Executive Director and Committee on Planning and Regulation, the Commission voted to scope the Project out of all Regional Policy Plan issue areas at its meeting on 01/11/2018, which allows the applicant to proceed with local permitting for the project without the requirement for further DRI review.

Dollar General, Eastham

4615 State Highway, Eastham

In response to a 06/19/2017 discretionary referral from the Eastham Board of Selectmen for a new, 9,100 square foot retail store, the Cape Cod Commission held a public hearing on 07/06/2017. Following deliberation, with 12 members voting, the Commission voted to accept the project for review as a development of regional impact under the Regional Policy Plan issue areas of land use, economic development, water resources, transportation and heritage preservation/community character. The DRI referral is no longer pending, as the applicant subsequently requested withdrawal of all local permit applications for the project, and town permitting boards voted to accept such withdrawals, in November 2017.

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 is scheduled for Tuesday, February 6, 2018, in the Eastham Town Hall.

TowerNorth Telecom Tower – Cotuit DRI

Cotuit Fire District/ Water District land, 414 Main Street, Cotuit

The Commission voted to grant DRI approval for the project at its meeting in 12/14/17.  The project is the proposed construction of a 170′ tall wireless communications monopole with spots for multiple personal wireless service carriers, including three carriers formerly located on the former Main Street water tank, recently demolished because of its deteriorating condition.

Downtown Hyannis Growth Incentive Zone

Town of Barnstable

In December 2015, the Commission approved an 18-month extension of the Growth Incentive Zone to 10/06/2017. On that date, the Commission approved a 180-day extension to 04/04/2018. The Town of Barnstable is drafting an application, with assistance from Commission staff, to renew the Growth Incentive Zone (GIZ). On January 29 the Town of Barnstable held a public workshop on the draft application and the Barnstable Town Council and Planning Board are holding a joint public hearing on it on February 1. The Commission will review the request for the GIZ designation after the application has been completed and is submitted to the Commission.

Herring River Restoration Project

Towns of Wellfleet and Truro

The project received its EOEEA Certificate 07/15/16, which serves as a referral to the Cape Cod Commission. The project proponents have been in contact with Commission staff regarding its need to file an application for review as a development of regional impact. A public hearing was opened for procedural purposes on 08/29/16 and twice extended. The current extension runs through 04/07/2018. To date no application has been filed.

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 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 Build 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.  A Commission staff hearing officer opened the 90 day, DRI public hearing period on the project 1/4/18.  No DRI application has been submitted to date.

H.H. Snow & Sons Inc. dba Snow’s Home and Garden                                                                           

22 Main Street, Orleans

At its meeting on 10/12/17, the Committee on Planning and Regulation approved a modification to the Development of Regional Impact decision for Snow’s Home and Garden, authorizing the construction of a proposed ~7,400 sq. ft. dry storage building on the site, accessory to the Snow’s retail store.  The matter has been appealed to court.