LAND USE AND GROWTH MANAGEMENT

2002 GOALS AND POLICIES

1.1 Goal: To encourage sustainable growth and development consistent with the carrying capacity of Dennis’ natural environment in order to maintain Dennis’ economic health and quality of life, and to encourage the preservation of village centers that provide a pleasant environment for living, working and shopping for residents and visitors.

Minimum Performance Standards

1.1.1 Compact forms of development such as cluster development, redevelopment within certified growth/activity centers, and where appropriate, mixed-use residential/commercial development shall be encouraged in order to minimize further land consumption and protect open space.

ACCOMPLISHMENTS

*     The Town of Dennis has adopted two mixed use centers, one in Dennisport (2004) and one in West Dennis  (2007).

*     The Town has adopted an Affordable Housing By-law which promotes mixed use development where appropriate beyond village center areas.

*     The Town has adopted a Land Use Vision Map which has been endorsed and incorporated into the Regional Policy Plan.

*     The Town has had cluster zoning in place since the early 1980′s and continues to receive development plans for cluster subdivisions despite the limited tracts of land remaining for residential development.

1.1.2 All residential subdivision of five or more lots shall submit a cluster development preliminary plan for consideration by the Town of Dennis as appropriate during the development review process.

ACCOMPLISHMENTS

*     Limited development opportunities exist for development of tracts of land capable of supporting 5 or more housing units.

*     The Town has not adopted a mandatory cluster by-law.

1.1.3 Extension of new roadside “strip” commercial development outside of certified growth centers shall be prohibited.

1.1.4 Development and redevelopment shall be directed away from Significant Natural Resource Areas as illustrated on the Cape Cod Significant Natural Resources Area Map dated September 5, 1996, as amended.

Other Development Review Policies

1.1.5    Adequate infrastructure, including water and sewer, should be provided by public and private means in certified growth/activity centers to support appropriate levels of density.

ACCOMPLISHMENTS

*     The Town of Dennis has adopted a Land Use Vision Map which identifies Economic Centers, Industrial and Service Trade Centers and Village Centers.  Each of these areas will have a unique development plan which will incorporate appropriate infrastructure improvements.

1.1.6 Where strip commercial developments exist, efforts shall be made to improve their appearance through sign control, infill, relocation of parking, landscaping, undergrounding of utilities, design review and development, consistent with the recommendations of Designing the Future to Honor the Past, Design Guidelines for Cape Cod, Technical Bulletin 96-001.

1.1.7 Appropriate redevelopment of existing residential and commercial areas and construction within existing subdivisions shall be encouraged in areas that have the capacity to sustain the impacts of this additional development in order to accommodate growth while minimizing additional subdivision and development of land.

ACCOMPLISHMENTS

*     The two village center zoning districts are designed to promote reinvestment in existing commercial areas.

*     The Hotel Resort Zoning District seeks to promote opportunities for reinvestment in the town’s existing hotel and motel stock.

*     The Affordable Housing By-law promotes conversion of existing, under-utilized commercial buildings for housing opportunities.

1.1.8 Commercial and industrial subdivisions are encouraged to consider the use of cluster development wherever appropriate.

ACCOMPLISHMENTS

*     The town has worked to promote commercial reinvestment in compact village centers.

1.1.9 The Town of Dennis will work to establish a jobs to housing balance, taking into consideration the needs of the residents of the town to find appropriately skilled employment opportunities.

ACCOMPLISHMENTS

*     The Town has adopted a Land Use Vision Map identifying targeted Economic Centers and Village Centers.

*     The Town has adopted new zoning for two Village Center areas which include requirements for including residential development as a part of new commercial development in these villages.

*     The Town has adopted an affordable housing by-law which promotes creation of top-of-the-shop housing and conversion of excess commercial space into housing units.

1.1.10 The Town of Dennis will work to ensure that its zoning, in particular for the targeted growth centers, promote the creation of multi-service facilities such as job-sites that provide child care and other services for employees.

ACCOMPLISHMENTS

*     In the Hotel Resort District the hotels, motels, restaurants and hotel/condos are allowed to maintain child care facilities for employees and customers as accessory space to the facilities.

1.2 GOAL: To preserve and enhance agricultural uses that are environmentally compatible with the Town of Dennis’ natural resources in order to maintain opportunities to enjoy the traditional occupations, economic diversity, and scenic resources associated with agricultural lands.

Minimum Performance Standards

1.2.1 New developments adjacent to land in active agricultural production shall maintain or provide a thickly vegetated buffer of sufficient width to prevent conflicts between the development and existing agricultural uses.  New agricultural operations in developed residential areas shall also provide a buffer to minimize impacts on these adjoining areas.

Other Development Review Policies

1.2.2 Management practices such as those developed by Cooperative Extension and Soil Conservation Service should be encouraged to maintain the productivity of agricultural lands and minimize use of chemical fertilizers and pesticides that could adversely impact the environment.

1.2.3 Development unrelated to agricultural operations should be designed so as to avoid or minimize development on lands capable of sustained agricultural production as evidenced by soils, recent agricultural use, and/or surrounding agricultural use.

IMPLEMENTATION

1.         The Town, through the Planning Board and Economic Development Committee, shall specifically identify the boundaries of the appropriate areas for designation as village and industrial growth/activity centers (Dennisport, West Dennis and South Dennis).

ACCOMPLISHMENTS:  The Town has a number of accomplishments under this recommendation. 

First, in 2004 the Town adopted special zoning for Dennisport Village Center.  This zoning seeks to recapture the traditional village land uses found in Dennisport for most of its history. The zoning promotes  mixture of land uses on any given property, seeking to bring residents back to the village and to stabilize the economy of the village.

In 2007, the Town adopted a similar zoning strategy for West Dennis Village Center. This zoning recognizes the unique area between the village core and the Bass River Waterfront.  The village zoning, as with Dennisport, promotes a housing and commercial balance.  The zoning also seeks to reconnect the village area with its waterfront.

Finally, the Town and the Cape Cod Commission have jointly adopted a Land Use Vision Map which will guide future land use decisions.  The Vision Map includes the two villages discussed above, as well as other village and economic centers throughout the town.

2.         The Town shall review its existing Open Space Village Development by-law and revise it to include the requirement of a submission of a preliminary cluster plan for new residential subdivisions of 5 or more lots or greater than 5 acres.  The Town should also adopt a cluster provision for commercial and industrial subdivisions.

ACCOMPLISHMENTS:  The Town has not adopted any changes specifically related to this recommendation.  However, the Town adopted a District of Critical Planning Concern for the Quivet Neck/Crowe’s Pasture area and adopted special cluster zoning for this area with strong incentives for use of the cluster alternative.

3.         The Town shall review local zoning and regulations, including but not limited to, lot sizes, parking requirements, undergrounding of utilities, setbacks and road widths, and revise to permit village style development to occur in appropriate location.

ACCOMPLISHMENTS:  As discussed above, the Town has adopted two village specific zoning districts in Dennisport and West Dennis.  These two districts include options for removing utilities from the “main streets,” modifications to setbacks, and promote village style development consistent with historical land use patterns.

4.         The Town shall continue with its Community Garden efforts and when and if needed the Town should make additional town-owned land available for agricultural use.

ACCOMPLISHMENTS:  The Town has continued and expanded the Community Garden efforts.  A new Community Garden, with ADA accessible planting areas, has been located as a part of the Sea View Park development by the Town.

5.         The Town shall revise the zoning by-laws to encourage mixed residential/commercial development in appropriate village centers and transition areas.

ACCOMPLISHMENTS:  As noted in recommendation 1 above the Town has adopted two village centers, one in Dennisport and one in West Dennis.  Both of these village center designations not only include changes within the immediate core of the village, but also within the “support” areas immediately adjacent to them.

6.         Where building permit approvals indicate high levels of fluctuation in rate of development, the town should develop a phased growth bylaw to stabilize growth rates consistent with the community’s ability to provide infrastructure.

ACCOMPLISHMENTS:  The Town has not adopted a phased growth by-law.  The Town is fairly mature and permit data illustrates a fairly steady number of new construction permits being issued regardless of economic conditions.

7.         The town shall adopt a bylaw prohibiting extensions of new roadside “strip” commercial development outside of designated growth centers shall be prohibited.

ACCOMPLISHMENTS:  The Town has not taken any steps to eliminate “strip style” commercial zoning.  The commercial strips in town are predominantly developed (Route 28 in particular).  However, the town has rezoned portions of these strip areas to recreate the village centers which were present prior to the 1973 zoning which transformed zoning along Route 28 from village favorable zoning to strip style zoning.

8.         Development and redevelopment shall be directed away from the Capewide open space/greenbelt network.

ACCOMPLISHMENTS:  The Town has been extremely aggressive in acquiring properties to protect important areas from development.  At the outset of the Plan the town acquired MelPet Farm to protect this critical farm area from development.  Additionally, the town acquired the former Howlin’ Howies property and Seaview Playland to protect important areas from inappropriate development.  Many of these acquisitions have enhanced the Capewide open space/greenbelt network.

9.         The Planning Board or other local board shall review on a project by project basis to affordable housing to ensure that the size, location and timing are appropriate given the availability and need to expand of town services.

ACCOMPLISHMENTS:  The Town has adopted a local affordable housing by-law which has become a model for many other communities.  The by-law has promoted the creation of smaller scale affordable housing projects scattered throughout town.

10.       The Planning Board and/or the Zoning By-law Study Committee shall review the Zoning Map as to the appropriateness of the existing zoning boundary lines.

ACCOMPLISHMENTS:  The Town has continuously reviewed the Dennis Zoning Map since 2002 and we have adopted a number of zoning changes including creation of a new resource protection district in the Quivet Neck/Crowe’s Pasture area; new village center areas in Dennisport and West Dennis; creation of districts targeted at promoting re-investment in Dennis hotels; and creation of a special district designed to protect the long-term existence of the major cottage colony area in Dennisport.

11.       The Planning Board and/or the Zoning By-law Study Committee shall review the home occupation by-law and explore how it can be re-written to allow for different “degrees” of intensity or type of home occupations in appropriate areas.

ACCOMPLISHMENTS:  The Town has not made any progress in this area.  Proposed changes were discussed with the Zoning By-law Study Committee, but nothing has advanced to public hearing.

12.       The Planning Board and/or Zoning By-law Study Committee shall review and prepare a by-law that would allow for the conversion of cottage-colonies to affordable single family homes.  Necessary provisions should be included to ensure perpetual affordability.

ACCOMPLISHMENTS:  The Town has adopted an affordable housing by-law under which these conversions are possible. However, the town has had mixed experiences with these conversions.  While there may be some promise to creating rental properties small-scale for sale units have no re-sale capabilities. In fact, the town has taken steps to protect the long-term viability of these properties as seasonal resort communities by adopting zoning which promotes reinvestment in cottage-colonies.

13.       The Old King’s Highway Historical District Committee shall review and prepare a set of guidelines, which will be available for applicants to help them through the historical review process.

ACCOMPLISHMENTS:  The Town has guidelines describing desirable building characteristics within the two historic districts as well as the two adopted village centers.

14.       The Planning Board and/or Zoning By-law Study Committee shall review and prepare a by-law that would create and allow for water dependent uses in coastal areas (i.e. a water dependent overlay zone).

ACCOMPLISHMENTS:  The Town has adopted three zoning ordinances related to this recommendation.  First, as part of the West Dennis Village Center Zoning, the town created a Mixed Use Marine District on the Bass River waterfront.  This district seeks to promote water and tourist based uses in proximity to the river.  In 2010, the town adopted two additional zoning districts which recognize the key connection between the town’s waterfront and the town’s economic health.  These two districts sought to reinvigorate the Dennis tourism industry by encouraging reinvestment in area hotels and cottage colonies.

15.       The town shall study the existing and future jobs/housing balance to ensure that a mix of employment opportunities are available to the residents of town, that do not promote the community as either a net exporter or importer of commuters, and that recognizes that the town serves both a year-round and seasonal population with particular service and employment demands.  The town will develop appropriate zoning standards based upon this analysis.

ACCOMPLISHMENTS:  The Town has strongly embraced the connection between the ability to live affordably on Cape Cod and the region’s economic health.  Since the adoption of the last Local Comprehensive Plan the town has adopted an affordable housing by-law and two village center by-laws, all aimed at ensuring the creation of a mix of housing types.  The village center by-laws require the creation of housing coupled with non-residential development.  In addition, the Hotel Resort District allows/requires the creation of housing for employees of these properties.

16.       The town shall identify zoning strategies that promote multi-function centers that provide not only employment opportunities, but also provide services that meet the needs of those employed at the site such as child care, dry-cleaning and other services targeted to those employed at the center.

ACCOMPLISHMENTS:  The Town has adopted two mixed use village centers each oriented to providing a “live-work-shop” environment for those in the center.  These centers, located in Dennisport and West Dennis are intended serve as multi-function centers.  Each center includes a Post Office, Library and Church.

17.       Develop an earth removal and site disturbance to ensure that proper site planning is undertaken prior to any site alteration.  Such a by-law would provide protection to wildlife corridors and critical plant and animal habitat.

ACCOMPLISHMENTS:  The Town has made no progress on this recommendation.

18.       Develop a shade tree bylaw, and new landscaping regulations that take into account both the need to ensure new development sites are adequately landscaped, and that existing trees, especially public shade trees and other specimen trees are adequately protected.

ACCOMPLISHMENTS:  The Town has adopted, within the two village center districts new landscape requirements.  No other changes have been made to site landscape requirements since 2002.