September 2021 Regulatory Update

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 applicant has submitted a partial Development Agreement application which is currently under review by staff. No hearings have been scheduled in the matter. 

Bourne ISWMF Phases 7, 8 & 9 (CCC File No. 20064)  
201 MacArthur Boulevard, Bourne  

The Town of Bourne Department of Integrated Solid Waste Management is pursuing phases 7, 8, and 9 of the existing solid waste facility/landfill and has completed Massachusetts Environmental Protection Agency (MEPA) review for these phases. The Commission reviewed the prior phases of the facility as Developments of Regional Impact (DRIs). A DRI application was submitted to the Commission on May 14, 2021. The substantive public hearing on the Project was opened on July 26, 2021 and was continued twice, to August 16, 2021 and then to August 30, 2021. The subcommittee held a meeting to review a draft DRI Decision on September 13, 2021. The full Commission held a hearing on the Project at their meeting on September 23, 2021 and voted to approve the draft DRI Decision. 

Mashpee Commons Development Agreement (CCC File No. 19035)  
Steeple Street, Mashpee 

The Commission acted favorably on a Notice of Intent (NOI) for a Development Agreement submitted by applicant Mashpee Commons Limited Partnership in March 2020. The Notice of Intent is related to land of approximately 186.67 acres in the Town of Mashpee owned by the applicant, including land currently occupied by the “Mashpee Commons” development. The applicant has submitted a preliminary Development Agreement application which is currently under review by staff. The Town of Mashpee will participate as a party to the Development Agreement, and the proposed term is 25 years. The application has not yet been deemed complete and no hearings have been scheduled in the matter.   

Blue Sky Towers Monopole (CCC File No. 21012)   
1044 Route 28, South Yarmouth 

The Commission received a mandatory DRI referral from the Town of Yarmouth for a 120-foot monopole wireless communications tower on August 12, 2021. This project is a resubmittal of a prior DRI, originally referred in March 2021. The applicant has not submitted a DRI application at this time and no hearings have been scheduled in the matter.   

Great Western Rd Solar, Dennis (CCC File No. 21007)   
131 Great Western Road, Dennis 

The Commission received a mandatory DRI referral from the Town of Dennis for a +/- 3.1 megawatt ground-mounted solar photovoltaic facility with battery storage on April 30, 2021.  The 90-day hearing period was opened for procedural purposes on June 29, 2021.  The first substantive subcommittee hearing on the Project was opened August 26, 2021 and continued to September 1, 2021. At the subcommittee hearing on September 1, 2021, the subcommittee directed staff to draft a DRI Decision for recommendation to the full Commission. The full Commission held a hearing on the Project on September 9, 2021 and voted to approve the Project. 

Modification to Wilkens Campus Development Agreement (CCC File No. 02014) 
Wilkens Lane, Hyannis 

The applicants Cape Cod Healthcare and New England Development submitted a notice of intent (NOI) for a modification of the Development Agreement entered into by and between the Cape Cod Commission and Cape Cod Healthcare for property off Wilkens Lane in Hyannis. The Committee on Planning and Regulation (CPR) voted a favorable recommendation on the NOI to the full Commission at its meeting on September 3, 2020. The full Commission held a hearing on the NOI at its October 1, 2020 meeting and determined that the modification is suitable and eligible for a Development Agreement with the Commission, which allows the applicant to apply for and pursue a modification of the Development Agreement. The applicant has submitted a partial Development Agreement application which is currently under review by staff. No hearings have been scheduled in the matter. 

Southpoint Drive Solar (CCC File No. 21008) 
Southpoint Drive, Sandwich 

The Commission received a mandatory DRI referral from the Town of Sandwich on May 26, 2021 for a +/- 3 megawatt ground-mounted solar photovoltaic facility located on 13.2 acres of an approximately 70 acre site off of Farmersville Road, currently developed with a residential condominium project. Commission staff are reviewing the application. The public hearing period was opened procedurally on July 23, 2021. No substantive public hearings have been scheduled in the matter. 

Horton’s Campground and North Truro Camping Area (CCC File No. 21010)
Old Dewline Road and South Highland Road, Truro 

The Commission received a mandatory DRI referral from the Town of Truro on August 23, 2021 for a proposed division of land totaling 38.64 acres in common ownership. No DRI application has been submitted and no hearings have been scheduled in the matter. 

Falmouth Rd Market, Mashpee (CCC File No. 21010) 
647 Falmouth Road / 9 Shellback Way, Mashpee 

The Commission received a mandatory DRI referral from the Town of Mashpee on September 20, 2021 for the construction of a 12,992 sqft. retail grocery store on a currently undeveloped 3.97 +/- acre parcel, which has frontage on Route 28 and Shellback Way. No DRI application has been submitted and no hearings have been scheduled in the matter.