Regulatory Update | May 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.   

Falmouth AMP Solar (CCC File No. 23008)  
48 Theatre Drive, Falmouth 

The Commission received a Development of Regional Impact (DRI) referral from the Town of Falmouth on April 28, 2023. The Project proposes to redevelop a portion of the existing Cape Cod Country Club with a 23-megawatt solar energy generation facility with battery storage. No application has been filed and no substantive hearings have been scheduled. 

Marstons Mills Cranberry Bogs (CCC File No. 23009)  
710 River Road and 110 Bog Road, Barnstable 

The Commission received a DRI Exemption application for the Project on May 15, 2023. The Project proposes to divide two parcels and to convey a portion of each parcel for ecological restoration and conservation purposes. The Commission is scheduled to hold a substantive hearing on the Project on June 8, 2023. 

Cable 91 Replacement Project (CCC File No. 22025)  
Falmouth  

The Commission received the Certificate of the Secretary of Energy and Environmental Affairs on the Project’s Final Environmental Impact Report on May 17, 2023. The Project proposes to improve the reliability of grid-based electricity by replacing an existing Eversource distribution cable between Falmouth and Martha’s Vineyard. No application has been filed and no substantive hearings have been scheduled. 

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 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 subcommittee hearing was opened March 7, 2023 and continued hearings were held March 27, 2023 and April 24, 2023. The Commission held a hearing on the DRI on May 11, 2023 and voted to approve the Project, with conditions. 

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. 

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 pier and floating dock. The hearing period was opened procedurally by hearing officer on December 15, 2022. The hearing period was extended by mutual agreement to May 18, 2023. A DRI Exemption application was received on March 29, 2023. The Commission held a hearing on the DRI Exemption on April 27, 2023 and voted to approve the DRI Exemption. 

Martha’s Vineyard Reliability Project (CCC File No. 22009)

The Commission received the Certificate of the Secretary of Energy and Environmental Affairs on the Project’s Single Environmental Impact Report on February 17, 2023. The Project proposes to improve the reliability of grid-based electricity on Martha’s Vineyard by installing an additional cable. The Project will include an approximately 2.7-mile underground duct and manhole system from the existing Eversource Substation off Stephens Lane in Falmouth to the landfall site at Surf Drive Beach in Falmouth and a submarine cable across Vineyard Sound. A DRI Application has been submitted and is under review by Commission staff. The hearing period was opened procedurally on April 3, 2023. A substantive hearing was held April 27, 2023 and continued to a meeting of the full Commission on May 11, 2023 where the Commission voted to approve the Project, with conditions. 

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 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. The project is currently under appeal.