Regulatory Update – May 2016

Developments of Regional Impact

Canal Community Solar, LR-TR15020, Sandwich, Limited DRI

At its March 17, 2016 meeting the Commission approved, with conditions, an application by NRG to develop a 20.6-acre site with a 1.5-MW ground-mounted photovoltaic energy facility accessed via an existing gravel drive extending from Tupper Road. The Project is intended to be part of the Applicant’s comprehensive approach to its operations at the existing plant along the Cape Cod Canal.

Northbridge Assisted Living & Memory Care Facility, TR15023, Mashpee, DRI

At its meeting of March 31, 2016, the Commission approved, with conditions a 70-unit assisted living and memory care facility for Northbridge Companies at 68 Great Neck Road South in Mashpee. The project consists of a two-story, 65,583-square-foot building on a 3.65-acre wooded parcel located. The Project proposes a unit mix as follows. For the assisted living portion of the Project, 44 apartments will be studio or one-bedroom units and 8 apartments will be two-bedroom units. For the memory care portion of the Project, 14 apartments will be studio or one-bedroom single units and 4 apartments will be double occupancy shared units. Accordingly, the assisted living portion will provide for 60 beds and the memory care portion will provide for 22 beds.

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

A Certificate on NGRID’s Single Environmental Impact Report has been issued under MEPA for the project, which proposes replacement 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. Commission staff is preparing a comment letter on the SEIR. Now that MEPA review has concluded, the applicant has submitted a DRI Exemption application for Commission review. The hearing on the DRI Exemption application is scheduled for May 26, 2016.

Mashpee Comprehensive Wastewater Management Plan

The Town of Mashpee’s CWMP proposes a comprehensive wastewater and nitrogen management plan for the town, intended to achieve reductions in wastewater nitrogen loading and compliance with the overall total maximum daily loads (TMDLs) for nitrogen loading to the town’s coastal embayments including to Popponesset and Waquoit Bays. The review schedule for this project was extended for a second time to allow staff time to work with the town to develop a DRI review process that aligns with state watershed permitting.

The Cape Club (fka Ballymeade Country Club), Rte. 151, Falmouth: A Certificate on an ENF has issued for the project’s wastewater treatment facility; no further MEPA review was required. This mixed use development triggers a mandatory DRI review threshold. The applicant will proceed to file an application with the town, and the town will refer the application to the Commission as a mandatory DRI.

MEPA Filings

Town of Harwich Comprehensive Wastewater Management Plan

A Final Environmental Impact Report (FEIR) for the plan has been filed under MEPA. A Commission Subcommittee held a joint review hearing in Harwich on April 28, 2016 to consider comments on the FEIR. The Commission submitted a comment letter to MEPA on the FEIR. After the plan is reviewed under MEPA, the Commission will undertake its DRI review.

Parkers River Tidal Restoration, Route 28, South Yarmouth

An EENF and EIR Waiver has been submitted 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 has submitted a comment letter on the MEPA filing, supporting the Waiver request.

Herring River Restoration (Truro, Wellfleet)

The proponents, who include the towns of Wellfleet, Truro and the National Park Service, are preparing a Final Environmental Impact Report for submission under MEPA, likely in May 2016. The Project proposes removal of an existing dam and replacement with tide gate structures to control and restore natural tidal flow, for the purpose of greater tidal flushing and habitat restoration. A Commission subcommittee will hold a hearing during the MEPA comment period on the FEIR to consider comments on the FEIR, after which the Commission will submit a comment letter on the FEIR. After Final MEPA review, the Commission will undertake DRI review of the project. The proponents will likely apply for DRI review under the Project of Community Benefit (POCB) provisions of the DRI Enabling Regulations.

Crab Rock Way ENF (Cape Cod Bay)

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. The Secretary determined that no further MEPA review is required.

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

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

Town of Sandwich Well No. 12, 21 Pinkham Rd.

An Environmental Notification Form (ENF) was submitted proposing a new redundant public drinking water well. Commission staff is preparing a comment letter on the ENF. The Secretary determined that no further MEPA review is required.

Town of Wellfleet Dredging project: Commission staff is reviewing an ENF and will submit comments on the project under MEPA.

Provincetown Marina: an NPC has been filed for alterations to Fisherman’s Wharf. Commission staff is preparing comments on the NPC and will attend the MEPA site visit. This project does not trigger mandatory DRI review, and Commission staff recommends that no further MEPA review is required.

Modifications

Atlantic Subaru, Bourne

A minor modification application is being reviewed by staff for an 8,500 square-foot expansion of Atlantic Subaru on an adjacent property, which was acquired in 2014. After staff review, the request will be considered for approval by the CPR at a public meeting.

Bourne Integrated Solid Waste Facility DRI

Commission staff issued a DRI minor modification decision to authorize Phase 5 of the facility, which is handling area over existing capped landfill space.

Spaulding Rehabilitation Hospital Cape Cod, TR93025, Sandwich

A modification to a previous DRI decision was approved January 13, 2016, with conditions, to allow an 8,403-square-foot addition and 62 additional parking spaces at Spaulding Rehabilitation Hospital, on Service Road. The decision modifies a DRI approval initially granted in 1994 and modified on four occasions from 1994 through 2001.

South Cape Village, MOD02020, Mashpee

On January 22, 2016, the Commission approved a request from DPF Mashpee LLC to demolish existing Building F1, which contains approximately 3,000 square feet of gross floor area, and construct additional parking in the general area of the footprint of Building F1 area, as well as other site improvements. The original decision for South Cape Village was dated December 14, 2000, with several modifications since.

Maplewood at Mayflower f/k/a Mayflower Place Expansion, TR12035, Yarmouth

On January 27, 2016, the Commission approved a request from Maplewood at Mayflower to allow the issuance of phased Certificates of Compliance for the Project’s two separate buildings (Memory Care building and Assisted Living building); to allow the required Affordable Housing Restriction approved as final to be executed and recorded prior to issuance of a Final Certificate of Compliance rather than prior to a Preliminary Certificate of Compliance; to allow for building energy efficiency compliance to be met through a method alternate than set out in the Decision, consistent with the RPP; and for modified plan sets for the Memory Care building and surrounding site area associated with the Memory Care building.

Falmouth Ice Arena/Falmouth Youth Hockey

A minor modification request from Falmouth Youth Hockey League, Inc. for a 2,878 square foot, one story addition to the Ice Arena was approved by the Executive Director on March 2, 2016. The modification is to the original January 6, 2011 decision, as amended. The addition is to provide additional indoor running/ training space for the fitness center facility, and an additional locker room with adjacent coaches’ office.

Paesano Place

On March 17, 2016, the Commission’s Committee on Planning and Regulation approved the applications of Paesano Place on MacArthur Boulevard applied for a modification to the DRI/ Hardship Exemption. The decision allows the applicant to use and occupy the second floor of the existing office building on the Project Site, and construct a new, additional office building with associated site improvement

Seashore Point FKA Cape End Care Campus, HDEX05030, Provincetown

On March 25, 2016, the Commission approved a request from Seashore Point Deaconess Condominium Trust to install landscaping, paving, stormwater systems, and other site amenities different from those approved under the a prior DRI decision. The project includes a 138,434 square foot continuing care facility.

The Golf Club (formerly Ballymeade Estates/The Golf Club of CC), JR99028, Falmouth

A modification was granted April 7, 2016 to authorize changes to one of the three approved maintenance/ equipment storage buildings closest to Falmouth Woods Road. The original DRI decision for the project dates to September 6, 2001, which was modified on a number of occasions. It consists of an 18-hole golf course and associated buildings and site improvements on the approximately 156-acre Project Site.

Falmouth CWMP/TWMP, JR07014, Falmouth

A minor modification was granted April 7, 2016 by the Executive Director to authorize the Bourne’s Pond Inlet Widening component of the Town of Falmouth’s CWMP /TWMP, which as approved as a Development of Regional Impact (DRI) on February 27, 2014.

Chick-Fil-A, CD16001, Barnstable, Section 14 Certificate

After a finding by the Committee on Planning and Regulation at its meeting March 31. 2016, that the Project substantially complies with the Regional Policy Plan, the Executive Director issued a certificate on April 7, 2016 confirming that there is no continuing DRI jurisdiction under the Cape Cod Mall Expansion DRI Decision (TR96025), as modified, over the Project or Project Site. The project includes construction and operation of an approximately 5,219± square foot Chick-Fil-A drive-through restaurant on 1.74 +/- acres owned by the Cape Cod Mall and subject to a prior Development of Regional Impact decision.

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.

Maplewood at Yarmouth, (formerly Mayflower Place), Rte. 28, South Yarmouth

The applicant has requested a Preliminary Certificate of Compliance under its DRI decision to authorize the issuance of local building permits to commence project construction of the assisted living building. A Preliminary Certificate was previously issued to allow commencement of the memory care building.

The Longest Drive, Great Western Road, Dennis: a section 14 application has been submitted requesting a determination that the DRI decision for the project no longer applies to the property. The use allowed under the DRI decision has been abandoned, all conditions under the DRI decision have been satisfied, and the applicant wants to cede its development rights under the DRI decision.

Villages at Barnstable DA?

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