2005-DCPC DISTRICT OF CRITICAL PLANNING AND CONCERN

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Additional planning and/or regulatory controls that result from this DCPC process will provide reduction in the excessive nutrient loading to our embayment systems and restoration of our surface water bodies. We have listed proposed initiatives under Item 16 of this nomination form. Scientific and .technical data are now available to assist the town in moving forward on water quality problems. These include: DEP's "Embayment Restoration and Guidance for Implementation Strategies, 200311, (Volume 2, Appendix 12) MEP' s "Linked Watershed Embayment Model to Determine Critical Nitrogen Loading Thresholds for Popponesset Bay", (Volume 2,. Appendix 11) , "Draft Popponesset Bay, - Total Maximum Daily Loads For Total Nitrogen" (Volume 2, Appendix 12) the MEP technical report on the Quashnet River/Hamblin Pond/Jehu Pond systems which will be released to the public soon, and "Enhancing Wastewater Management on Cape Cod: Planning, Administrative and Legal Tools, Report to Barnstable County, July, 2004, Wright-Pierce, CLF Ventures, Teal, Ltd.", (Volume 2, Appendix 15) _ DEP states that: . "The challenge for coastal communities will be to determine which pathways are appropriate to their particular watersheds. Specific tasks will include assessing nutrient sources, developing an integrated approach to nutrient planning and management, and implementing a plan to avoid continued degradation of estuarine systems." Planning Board notes: - Before we move on to Item #14, it may be helpful to review the two moratorium periods providedforunder the DCPC process. Upon receipt of the nomination, the .Cape Cod Commission then publishes a notice that it has received the DCPC nomination form. It is on that date that the first short-term moratorium period begins, and all local. agencies permitting authority within the nominated area is then suspended FOR UP TO 45 DAYS. Under the Cape Cod Commission Act, a "development permit" is defined as "any - permit, license, authority, order, approval, certificate, endorsement, or _ permission required from a municipal agency prior to the commencement or completion of any development, but not including any municipal dump permit issued to a household. " The only exemptions from this short-term moratorium period of up to 45 days are those developments that are totally exempt from the provisions of the Cape Cod Commission Act, as identified in Section22of the Act. The relevant paragraphs of Section 22 of the Act are described below: - - Section 22 (b) : This act shall not apply to any development which prior to July first, nineteen hundred and eighty-nine has received any one of the following: an order of conditions under section forty of chapter one hundred thirty-one of the General Laws, a special permit or variance under chapter forty A (Planning Board note: projects included under this exemption include Southport, New Seabury, Quashnet Valley, Windchime Point, and the portion of Mashpee Commons that was permitted in 1966 .(Steeple Street area) a comprehensive permit under chapter forty B