Regulatory Update, August 2016


1030 Falmouth Road, Hyannis (former Knights of Columbus building)

The Chief Regulatory Officer issued an opinion determining that the redevelopment of the site was not a Change of Use requiring mandatory DRI review.

BJs Addition, Attucks Lane, Hyannis

The DRI decision for the project issued in 2011. The Commission has recently issued a Preliminary Certificate of Compliance authorizing commencement of the Project.

536 River Road, Barnstable

Provided a comment letter to the Town of Barnstable Zoning Board of Appeals on a Comprehensive Permit application for a 4-home Habitat for Humanity development on a roughly 6-acre parcel in Marstons Mills.


Atlantic Subaru, Minor Modification, Bourne

A minor modification request is being reviewed for an 8,500 square-foot expansion of Atlantic Subaru including expanded parking on an adjacent parcel which was acquired in 2014. The CPR approved the request at its July 21, 2016 meeting.

Bourne Integrated Solid Waste Facility DRI, Minor Modification

The Town of Bourne requested a DRI minor modification to authorize Phase 5 of the facility, which is handling area over existing capped landfill space.

Buzzards Bay Wastewater Treatment Facility/ Queen Sewell Park, Bourne

The Commission submitted a comment letter on an ENF from the Town of Bourne for a wastewater treatment facility in Downtown Buzzards Bay. This downtown area is a Commission-approved Growth Incentive Zone. The Secretary of EEA determined that no further MEPA review was required; the facility does not require Commission review.

Crab Rock Way ENF (Cape Cod Bay), Bourne

Staff submitted a comment letter to the MEPA office on this project as described in the ENF, which proposes construction of a revetment on town open space to protect several private homes on a coastal bank from erosion.

Paesano Office Building, Waterhouse Road

The Committee on planning and regulation issued a DRI Minor Modification decision for the Project in Spring 2016. The Commission recently issued a Preliminary Certificate of Compliance authorizing commencement of the Project, as modified.


Maplewood at Brewster (formerly MP Renaissance)

The Commission is holding escrow funds to ensure that the project install/ complete landscaping as required in the DRI decision.


Bourne’s Pond Inlet Widening, Falmouth (CWMP/ TWMP)

An application for a DRI minor modification was filed by the Town of Falmouth seeking authorization to undertake the Bourne’s Pond Inlet Widening component of the town’s CWMP/ TWMP.

The Cape Club (formerly Ballymeade), Falmouth Woods Road, Hatchville

An application for a DRI minor modification was filed seeking authorization to change the design of a previously permitted yet unconstructed equipment maintenance/ storage building.

The Cape Club (formerly Ballymeade), Route 151

An ENF has been filed for this residential/ hotel redevelopment on a portion of Ballymeade Country Club. Staff will provide a comment letter on the ENF. The project will also require mandatory DRI review after MEPA review is completed.


Harwich CWMP

The Secretary of EEA has issued a Certificate on the adequacy of the Plan’s Single Environmental Impact Report (SEIR). A Commission Subcommittee held a joint review hearing in Harwich April 28, 2016 to consider comments on the Plan’s SEIR, and the Commission submitted a comment letter under MEPA on the SEIR. The DRI hearing period on the Plan was opened by hearing officer in June 2016.  A Commission subcommittee held a DRI hearing on the Plan July 28, 2016 in Harwich and approved a DRI draft decision on the Plan at the hearing.

Mashpee CWMP

This project is currently under DRI review. In November 2015, the DRI public hearing period on the plan was further extended to November 20, 2016 to allow staff time to work with the town to develop a draft decision to conform to the Commonwealth’s new watershed permitting program.


Seashore Point, (formerly known as Cape End Manor), 100 Alden Street, Provincetown

Staff issued a DRI minor modification Type #1 decision allowing revisions to approved site landscaping, drainage and parking areas. The Commission is also holding escrow funds to ensure that required site and landscaping work is completed per the decisi0on, as modified.


Cape Crossing Commercial Subdivision, Route130, Sandwich

The Sandwich Building Commissioner submitted a mandatory DRI referral for the project to the Commission on July 7, 2016. The subdivision requires DRI review because it was commonly owned with adjoining land in excess of 30 acres on or after September 1994.

Canal Back-up Generating Unit 3 (NRG), Canal Plant, Tupper Road, Sandwich

A Final Environmental Impact Report (FEIR) was submitted under MEPA in June 2016 for the proposed gas-fired approximately 350-MW peak electric generating unit. Commission staff is preparing a comment letter on the FEIR. After final MEPA review, the Commission will review the project as a DRI.

NRG Canal Community Solar, Sandwich

The Commission issued a DRI decision approving the solar Project in early 2016. The Commission has recently issued a Preliminary Certificate of Compliance authorizing commencement of the Project.

Look Out Ridge Residential Subdivision, Astrid and Maxwell Lanes, Sandwich

The Applicant has requested an extension of the DRI decision and rights thereunder. The Decision was issued in 2005 and is set to expire at the end of 2016. Much of the subdivision infrastructure and mitigation has been provided. The CPR will hear the request at its July 21st meeting.


Parkers River Tidal Restoration, Route 28, South Yarmouth

Certificates on EENF and EIR Waiver have been issued under MEPA for the project, which proposes to replace the Rte. 28 Bridge of Parker’s River and widen the river inlet, with the goals of improving habitat for fish, shellfish, wetlands, and wetland-dependent species, and increasing nitrogen attenuation. The Commission submitted comments on the MEPA filing. No DRI review is required for the project.


Herring River Restoration (Truro, Wellfleet), Herring River estuary system

The proponents, who include the towns of Wellfleet, Truro and the National Park Service, prepared a Final Environmental Impact Report for the Project under MEPA. The Project includes removal and replacement of tide control structures to control and restore natural tidal flow to the estuary, for the purpose of greater tidal flushing and habitat restoration. A Commission subcommittee held a joint review on the FEIR June 30, 2016, after which the Commission submitted a comment letter under MEPA. A Final Certificate on the FEIR was issued July 15, 2016. The proponents will likely apply for DRI review under the Project of Community Benefit (POCB) provisions of the DRI Enabling Regulations.

Mid Cape Main Replacement, NGRID (Dennis, Harwich, Brewster)

The project proposes to replace of gas mains under existing roadways in the towns of Harwich, Brewster and Dennis to address safety issues with the existing line. Construction of the replacement main will allow NGRID to lift the gas service moratorium that exists in parts of the lower and mid Cape. The Commission approved a DRI Exemption for the project in May 2016.

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