Regulatory Update | May 2024 

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.   

Upper Cape YMCA (CCC File No. 24008)  
487 Brick Kiln Road, Falmouth 

The Cape Cod Commission received a Mandatory DRI Referral from the Falmouth Planning Board on April 29, 2024. The DRI Referral describes the project as the construction of a new 68,470 sf YMCA facility on a 6.15-acre vacant parcel. No hearings have been scheduled. 

Brick Kiln Monopole (CCC File No. 24007)  
737 Gifford Street, Falmouth 

The Cape Cod Commission received a Mandatory DRI Referral from the Falmouth Zoning Board of Appeals on April 1, 2024. The DRI Referral describes the project as a proposed 130-foot wireless communications tower with associated ground equipment. No hearings have been scheduled. 

Chatham Airport VMP (CCC File No. 24002)  
240 & 438 George Ryder Road, Chatham 

The Cape Cod Commission received a Limited Discretionary Referral from the Chatham Conservation Commission on February 26, 2024. The Limited Discretionary Referral describes the project as a proposed plan for tree removal at the Chatham Municipal Airport for the purpose of maintaining a safe and navigable airspace. The Discretionary Referral notes that the proposed plan includes 2.06 acres of tree removal in areas under Conservation Commission jurisdiction. No hearings have been scheduled. 

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 September 1, 2024. No substantive hearings have been scheduled. 

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

On February 2, 2023, the Cape Cod Commission voted to approve and authorized the Chair to sign a Development Agreement on behalf of the Cape Cod Commission with Quarterra Multifamily Communities, LLC f/k/a Lennar Multifamily Communities 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”). The project is currently under appeal. The property has since been sold to another entity.  The lawsuit appealing this Project has been stayed by the court until August 7, 2024.