Regulatory Update | October 2022

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 (CCC File No. 20065)
35 Scudder Avenue, Hyannis

The Commission acted favorably in February 2021 on a Notice of Intent (NOI) for a Development Agreement submitted by applicant LMC. The NOI is in relation to a proposal to redevelop the site of the Twin Brooks golf course with a new multifamily residential community that includes 312 rental homes in 13 buildings. 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 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. The next subcommittee hearing has not yet been noticed.

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 December 10, 2022. No substantive hearings have been scheduled.

Centerville Garden WCT Resubmission (CCC File No. 22021)
36 Wequaquet Lane, Centerville and 1060 Falmouth Road, Hyannis

The Commission received a mandatory Development of Regional Impact (DRI) referral from the Town of Barnstable on February 22, 2022 for a proposed 110-foot monopole-style tower with collocation capacity for four service providers with associated equipment and infrastructure (CCC File No. 22021). An application was submitted on February 28, 2022. A staff hearing officer opened the DRI hearing period procedurally on April 22, 2022. A substantive subcommittee hearing was held June 9, 2022 and continued to June 29, 2022, which was continued by hearing officer. The DRI was withdrawn from Commission review on July 13, 2022. A new referral for the same Project was received from the Town of Barnstable on July 21, 2022, which was assigned CCC File No. 22021. The application materials associated with CCC File No. 22006 were supplemented and refiled for purposes of this resubmission. Substantive subcommittee hearings were held August 10, 2022, September 13, 2022, October 11, 2022, and continued to October 25, 2022.

Dirtworks Mining Operation (CCC File No. 22024)
Denwich Road, Dennis

The Commission received a mandatory Development of Regional Impact (DRI) referral from the Town of Dennis on August 8, 2022 for a mining operation and contractor’s yard with a total project area of over 40,000 sf. The referral was withdrawn on October 6, 2022 and is no longer pending before the Commission.

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, which are under review by staff. A staff hearing officer is scheduled to open the DRI hearing period procedurally on October 28, 2022. A substantive subcommittee hearing is scheduled for November 9, 2022. 

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, which will be reviewed as a Development of Regional Impact (DRI), 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.