Regulatory Update | November 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.   

Cannery Wharf Park (CCC File No. 23012)  
387 Commercial Street, Provincetown 

The Commission received the Certificate of the Secretary of Energy and Environmental Affairs on the Project’s Environmental Impact Report on September 15, 2023. The Project, proposed by the Town of Provincetown, will convert a former parking lot into a waterfront, accessible, passive park to provide a barrier-free accessible route from Commercial Street to Provincetown Harbor. The proposal includes stormwater management improvements and other complementary coastal protection strategies. The Applicant has filed an application for a DRI Exemption. A hearing on the DRI Exemption is scheduled for the meeting of the full Commission on November 30, 2023. 

Southwind Plaza ANR (CCC File No. 23018)  
990 Iyannough Rd & 65 Independence Drive, Barnstable 

The Commission received a Development of Regional Impact (DRI) referral for the Project from the Town of Barnstable on July 24, 2023. The Project proposes to divide a parcel of land located near the intersection of Iyannough Road and Independence Drive. A staff hearing officer opened the DRI hearing period procedurally on September 22, 2023. The Applicant has filed an application for a DRI Exemption. The Commission voted to approve the exemption request on October 26, 2023.   

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. 

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.