December 2018 Regulatory Update

Herring River Restoration Project 

Towns of Wellfleet and Truro 

The purpose of the project is to restore habitat in and re-establish tidal flow to the 1,100 ac. +/- Herring River estuary and floodplain system.  The project received its final MEPA certificate on 7/15/16, which effectively referred the project to the Cape Cod Commission as a DRI.  To date no project application has been filed with the Commission. The DRI public hearing period on the project was opened procedurally on 08/29/16; the period has since been extended three times, and the current extension runs through 04/05/2019. The towns have requested, and Commission has approved, extensions to allow additional time to engage the local communities in the preparation of the application.  


Bourne Integrated Solid Waste Management Facility- Phase 6 

201 MacArthur Boulevard, Bourne 

The Commission reviewed and commented on a MEPA Expanded Notice of Project Change (ENPC) submitted by the town of Bourne for the proposed Phase 6 expansion of the Bourne Landfill, which as proposed would expand the current landfill operations by approximately 6-10 acres.  The ENPC included the conceptual expansion of Phases 7 & 8, which would in total extend the life of the landfill to 2034.   On 01/12/2018 the Secretary of EOEEA issued a Certificate on the ENPC requiring the Town to submit a Single Environmental Impact Report (SEIR) for the project.  The town submitted a SEIR to the MEPA office in May 2018.  The Secretary issued a Certificate of adequacy on the SEIR in July 2018. The Project will ultimately require Commission review and approval because the Secretary of the Commonwealth’s EOEEA required the preparation of an EIR for the Project.   The town submitted a DRI application in early October, a DRI subcommittee reviewed the project at a a public hearing in the town of Bourne on October 29, 2018, and the full Commission reviewed and approved the project at its meeting on November 15, 2018. 



Tradesmen’s Park South 

298 Route 6, Truro 

The Commission received a DRI Scoping application for a proposal to develop a two (2) building project, each building with industrial bays and climate-controlled storage. 


Life Storage Self-Storage Facility Upgrades 

6 Washington Circle, Sandwich 

The Commission received a DRI Scoping application  for a proposal to upgrade a portion of an existing self-storage facility by demolishing two (2) existing single-story self-storage buildings and constructing a 3-story climate controlled self-storage facility. 


Vineyard Wind Connector 


In January 2018, the Commission reviewed and commented on a MEPA Environmental Notification Form (ENF) submitted by Vineyard Wind, LLC for a proposed 800-megawatt offshore wind project in federal waters, with a portion of the offshore export cables, all of the onshore underground cables, and a proposed onshore substation within Massachusetts boundaries.  On February 9, 2018 the Secretary of EOEEA issued a Certificate on the ENF requiring the preparation of a mandatory Environmental Impact Report (EIR) for the project.  The project proponent submitted a Draft EIR (DEIR) to the MEPA office in April 2018.  A Certificate on the DEIR was issued by the Secretary of EOEEA in June 2018 requiring the preparation of a Supplemental DEIR (SDEIR), which the Applicant submitted September.  The Commission commented on the SDEIR, and the Secretary issued a certificate on the SDEIR in October 2018 determining that the proponent could proceed with a Final EIR.  The Project will ultimately require Commission review and approval, after MEPA review concludes, because the Secretary of the Commonwealth’s EOEEA required the preparation of an EIR for the Project. 


Blue Sky Towers, LLC Wireless Communications Tower 

101 Red Brook Road, Mashpee 

In June 2018 the Commission received a mandatory DRI referral from the Mashpee Planing Board for a proposed 150’ monopole-style wireless communications tower within a 100’ x 100’ leased area at Mashpee Fire Station #2.  A DRI application has been submitted to the Commission for review; Verizon and T-Mobile are the proposed carriers.  On September 5, 2018 a DRI subcommittee held a public hearing on the project in the town of Mashpee and continued that hearing to September 17, 2018. At the September 17th hearing, the DRI subcommittee directed Commission staff to prepare a draft DRI decision for its further review, recommending approval for the project, and continued the public hearing on the project to the full Commission meeting on October 18, 2018.  On October 9, 2018, the project DRI subcommittee met and voted to recommend to the full Commission project approval and adoption of a draft written decision for the project.  At its meeting on October 18th, the full Commission reviewed and approved the project. 


Long Pond Woodland Conservation Area 

Long Pond Road/ WH Besse’s Cartway, Brewster 

The town of Brewster has applied for a DRI Exemption to divide approximately 47 acres of land on the east side of Long Pond, to facilitate the conveyance of approximately 42 acres of that land to the town  for conservation, water shed protection and passive recreational purposes.  The town is currently under agreement to purchase said 42 acres as authorized by spring 2018 town meeting.  The Commission heard and approved  the DRI exemption request at its November 1, 2018 meeting. 

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