2002 GOALS AND POLICIES
2.1 Goal: To maintain the overall quality and quantity of Dennis’, as well as Cape Cod’s, ground water to ensure a sustainable supply of untreated high quality drinking water and to preserve and restore the ecological integrity of marine and fresh surface waters.
ACCOMPLISHMENTS: The Town has acquired 121.89 acres of land for open space preservation since 2002. This brings 2,242 acres under the Town’s control. The Town of Dennis is the largest landowner in Dennis. A large percentage of the lands owned by the Town is devoted to conservation (1,101 acres), though a major portion of this acreage is unbuildable wetland. Another major portion of protected open space (998.4 acres) consists of large blocks of woodland held by the quasi-public Dennis Water District for public water supply wells and wellfield protection. Since 2003, the largest Dennis Water District land acquisitions (63.2 acres) have been in the town of Brewster, as the Water District and Brewster Selectmen worked jointly to protect important open space resources in Brewster which also served to protect the Dennis water supply. About thirty percent (4,065 acres) of the town’s land mass has been set aside as protected open space for wellfields, conservation land and beaches.
Minimum Performance Standards
2.1.1 Except as otherwise specified in the classification system below, all development and redevelopment shall not exceed 5 ppm nitrogen loading standard for impact on ground water based on the methodology contained in Cape Cod Commission Nitrogen Loading Technical Bulletin 91-001.
ACCOMPLISHMENTS: The Town has adopted the 5 ppm nitrogen loading standard only in the Quivet Neck/Crowe’s Pasture Resource Protection District.
2.1.2 All development and redevelopment shall comply with the minimum performance standards outlined in the following water resources classification system. If a property is located where two classifications overlap, the more stringent standards shall apply. The water resources classification system is illustrated on the Cape Cod Water Resources Classification Maps I and II, dated September 5, 1996, as amended and described below:
A: Wellhead Protection Areas: Consist of areas that contribute ground water to existing pubic and community water supply wells. These areas shall be delineated by a consistent method and recognized by the Commission in conjunction with state standards for Zone II’s (as defined in 310 CMR 22.02).
A.1: The maximum loading standard for nitrogen impact on ground water shall be 5 ppm for development and redevelopment unless a cumulative impact analysis indicates a more stringent loading standard is necessary.
A.2: Commercial and industrial development and redevelopment that involves the use, treatment, generation, storage or disposal of hazardous wastes or hazardous materials, with the exception of household quantities, shall not be permitted.
A.3: Public and private sewage or septage treatment facilities shall not be permitted in these areas, except as provided in subsection E.2 below and subject to Section 2.1.2.1 through 2.1.2.7 of the Regional Policy Plan.
A.4: All Developments of Regional Impact within Wellhead Protection Areas shall use DEP approved alternative systems with enhanced nitrogen removal, unless a cumulative nitrogen loading assessment of the recharge area indicates that nitrogen loading from Title 5 systems is acceptable.
A.5: Uses prohibited in Zone II by state regulations shall not be permitted in these areas.
B. Fresh Water Recharge Areas: Consist of recharge areas to fresh water ponds as mapped by a method acceptable to the Commission.
B.1: In order to limit phosphorus inputs, no subsurface disposal systems shall be permitted within 300 feet of mean high water of fresh water ponds unless the applicant demonstrates by a ground water study that the site is not within the Fresh Water Recharge Area.
B.2: Development of Regional Impact that generate over 2000 gpd of sewage effluent may be required to delineate the ground water recharge areas to potentially affected fresh water ponds and conduct a phosphorous loading assessment in order to identify and mitigate adverse impacts.
B.3: Public and private sewage treatment facilities may be used within Fresh Water Recharge Areas subject to subsection E.2 and Section 2.1.2.1 through 2.1.2.7 below.
C. Marine Water Recharge Areas: Consist of recharge areas to marine embayments as mapped by the Commission on Cape Cod Water Resources Classification Map II dated September 5, 1996, as amended:
C.1: Except as specified in subsection C.2 below, development and redevelopment shall not exceed identified critical nitrogen loading standards for impact on marine ecosystems. For watersheds where the critical nitrogen load has not been determined, Developments of Regional Impact shall be required to make a monetary contribution to determine the flushing rate of the embayments where the critical nitrogen loading rate has been identified, Developments of Regional Impact may be required to make a monetary contribution towards the development or implementation of appropriate nitrogen management strategies.
C.2: Where existing watershed development exceeds identified critical loading standards for a marine recharge area or where there are documented marine water quality problems in the associated embayment, development and redevelopment shall maintain or improve existing levels of nitrogen loading.
C.3: All Developments of Region Impact within Marine Water Recharge Areas shall use DEP approved alternative systems with enhanced nitrogen removal, unless a Commission-approved cumulative nitrogen loading assessment of the embayment and recharge area indicates that nitrogen loading from a standard Title 5 system is acceptable.
C.4: Public and private sewage treatment facilities may be used within Marine Water Recharge Areas subject o subsection E.2 and Section 2.1.2.1 through 2.1.2.7. below.
D. Impaired Areas: Consist of areas where ground water may have been degraded by point and nonpoint sources of pollution, including by not limited to areas with unsewered residential developments where lots, on average, are less then 20,000 sq. ft; landfills, septage and wastewater treatment plant discharge sites; high density commercial and industrial area and those downgradient areas where the ground water may have been degraded by these sources. For the purpose of these standards, all certified growth/activity centers shall be classified as Impaired Areas.
D.1: Development shall generally meet a 5 ppm nitrogen loading standard for impact on ground water, but may increase to a 10 ppm nitrogen loading standard where it can be demonstrated to the permitting authority that such increase will cause no significant adverse impact on ponds, wetlands, marine waters, public or private drinking water supply wells and potential water supply wells as identified in Section F below.
D. 2: Where existing development exceeds the 10 ppm nitrogen loading standard, development and redevelopment of that property shall not increase existing levels of nitrogen loading.
D.3: Public and private sewage treatment facilities, as well as other remediation measures such as community systems and DEP approved alternative systems with enhanced nitrogen removal shall be encouraged in Impaired Areas. Public and private sewage treatment facilities shall be subject to Sections 2.1.2.1 through 2.1.2.7 below.
D.4: The development of public or community water supply systems shall be encouraged for areas serviced by private wells in Impaired Areas.
E. Water Quality Improvement Areas: Consist of Impaired Areas that are located within Wellhead Protection Areas, Fresh Water and Marine Water Recharge Areas. In such areas improvement of water quality is a major goal.
E.1: Development shall not exceed a 5 ppm nitrogen loading standard or an identified marine water quality standard as applicable. Where existing development exceeds the identified loading standard or where there are documented marine water quality problems, development and redevelopment shall improve existing levels of nitrate-nitrogen loading.
E.2: Use of public and private sewage treatment facilities shall be as follows: within Water Quality Improvement Areas that are in Wellhead Protection Areas, public and private sewage treatment facilities may be used only to remedial existing problems; within Water Quality Improvement areas that are in Fresh Water and/or Marine Water Recharge Areas, public and private sewage treatment facilities may be used in conjunction with any development or redevelopment. All such facilities shall be subject to Sections 2.1.2.1 through 2.1.2.7 below.
F. Potential Public Water Supply Areas: Consist of potential public water supply areas that have been identified by the Commission on the Cape Cod Water Resources Classification Map I dated September 5, 1996, as amended, and future well sites and their associated recharge areas that have been identified by towns, water districts or private water companies.
F.1: No development shall be permitted within 400 feet of an identified future well site.
F.2: Within an identified Potential Public Water Supply Area, the same standards apply as in Wellhead Protection Areas above.
ACCOMPLISHMENTS: The Town has not implemented these standards. In the Dennis Zone II area we have 3,361 acres of land. Of this 1,297 acres are in private ownership, the remaining 2,064 are publicly owned, between the town and the water district.. These acquisitions represents over sixty percent of the remaining vacant land within the Zone II areas.
2.1.3 Developments and redevelopments shall identify their proposed wells and existing private wells on abutting properties within 400 feet and assess the impact of the development on the water quality of these wells. Septic systems and other sources of contamination shall be sited so as to avoid contamination of existing or proposed wells.
ACCOMPLISHMENTS: The Town has not implemented these standards, however, most of Dennis is served by town water.
2.1.4 Conversion from seasonal to year-round uses in FEMA A flood zones or within 100 feet of wetlands shall not be permitted unless the proponent installs a DEP approved alternative system with enhanced nitrogen removal. The proponent must also demonstrate that the project will not have other adverse impacts on ground water or adjacent surface water areas and wetlands.
ACCOMPLISHMENTS: The Town has designated a number of areas including flood zones and areas with high water tables as Environmentally Sensitive Areas and requires enhanced nitrogen removal in these areas.
2.1.5 Developments and redevelopments that withdraw over 30,000 gallons of water per day shall be required to evaluate impacts on the water table and surface water bodies.
ACCOMPLISHMENTS: The Town has a public water supply serving most of the town. Outside of the public water supply wells no wells approach this level of water withdrawal.
2.1.6 New direct discharge of untreated stormwater, parking lot runoff and/or wastewater into marine and fresh surface water and wetlands shall not be permitted. Stormwater shall be managed and disposed of on site. Development and redevelopment shall use best management practices such as vegetated swales, to minimize runoff and maximize water quality treatment. A maintenance schedule shall be developed for all drainage structures. Stormwater drainage should be based on projected 25 year-24 hour storm unless more conservative figures are required by town zoning by-laws.
ACCOMPLISHMENTS: The Town has adopted as part of its General By-laws storm water management requirements which seek to make all site development responsible for controlling both the volume and rate of run-off. Storm water facilities must address both the 25 year and 100 year storm events. Over the past 10 years, the Dennis Department of Public Works has received an annual appropriation to eliminate eleven outfalls and install pollution mitigation measures on dozens of other outfalls with the town.
Other Development Review Policies
2.1.7 Water withdrawals should be managed so that they do not adversely affect surface water resources, wetlands, private wells or the safe yield of the aquifer.
ACCOMPLISHMENTS: The Town has the Dennis Water District operates within the restrictions of a state permit governing its safe yield. This state permit restricts all users of water within the Monomoy area as to the amount of water they can withdraw without adversely impacting the aquifer. The District also rotates its water withdrawal between its numerous wells to avoid adverse impacts to surface water resources, wetlands, and private wells.
2.1.8 Development and redevelopment should make use of water conservation technologies.
ACCOMPLISHMENTS: The Town follows the State Building Code as it relates to requirements for water conservation technologies.
2.1.9 Development and redevelopment should minimize the use of chemical fertilizers and pesticides.
ACCOMPLISHMENTS: As part of the Comprehensive Waste Water Management Plan efforts the town is educating the public relative to alternatives to the use of chemical fertilizers and pesticides.
2.1.10 Cleanup of chemical spill and contamination sites should be expedited.
2.2 Goal: To encourage the use of public and private sewage treatment facilities in appropriate areas where they will provide environmental or other public benefits and where they can be adequately managed and maintained.
ACCOMPLISHMENTS: The Town has provided for the use of shared private waste water treatment facilities within the two village center zoning districts, the Seasonal Resort Community District and the Hotel Resort District. These facilities are viewed as an appropriate, economical bridge between continued use of private septic systems and town sewerage.
Minimum Performance Standards
2.2.1 Private treatment facilities may be constructed only if there are no feasible public treatment facility options available or planning.
ACCOMPLISHMENTS: The Town is in the process of drafting a Comprehensive Waste Water Management Plan. That plan will map out a long range strategy for addressing waste water in Dennis. Private treatment facilities can provide the use of advanced denitrification of waste water on a more affordable basis than is available on a single site basis.
2.2.2 All public and private sewage treatment facilities shall be designed to achieve tertiary treatment with denitrification that meets a maximum 5 ppm total nitrogen discharge standard in the ground water at the down grading property line.
2.2.3 The construction of private sewage treatment facilities (PSTFs) shall not allow development to occur at a higher density than would be allowed by local zoning.
ACCOMPLISHMENTS: The Town has promoted the use of private waste water treatment facilities as part of rezoning several areas to promote reinvestment. The simple use of a private system will not result in development densities higher than zoning allows, however, it will allow sites to make maximum use of site density while limiting the nitrogen impacts of the redevelopment.
2.2.4 The construction of PSTFs shall be consistent with municipal capital facilities plans where they exist. Municipalities shall have the opportunity to assume ownership and maintenance responsibilities for such facilities where desired by the municipality.
ACCOMPLISHMENTS: The Town of Dennis has a Capital Improvement Program funded by a permanent Proposition 2 ½ over-ride and the local option meals tax. The ultimate recommendations of the Waste Water Management Plan will need to be incorporated into this Program. PSTF’s that are presently under consideration are being designed to provide the opportunity to connect to public sewerage when it becomes available.
2.2.5 PSTFs shall not be constructed in FEMA V zones and floodways, Areas of Critical Environmental Concern (ACECs), wetlands and buffer areas, barrier beaches, coastal dunes or critical wildlife habitat. PSTFs may be constructed in FEMA A zones only to remediate water quality problems from existing development within such A zones and consistent with Section 2.2.2.2 and Section 2.2.2.6, except as provided in Section 2.2.2.11.
ACCOMPLISHMENTS: The Board of Health and Conservation Commission both have stringent guidelines for all construction within flood zones, barrier beaches, coastal dunes, wetlands and other critical environmental areas. The Zoning by-law, for the most part also directs denser levels of density, which might take advantage of a PSTF away from these areas.
2.2.6 The long-term ownership, operation, maintenance and replacement of PSTFs shall be secured as a condition of approval in accordance with Commission, state and local guidelines.
ACCOMPLISHMENTS: The Board of Health has strict requirements for all private waster water facilities.
2.2.7 Applications for approval of public and private sewage treatment facilities shall include a plan for sludge disposal.
ACCOMPLISHMENTS: The Town is a partner in the waste water treatment plant that is located in Yarmouth. Most, if not all, haulers doing business in Dennis bring their sludge to this facility.
Other Development Review Policies
2.2.8 Towns may provide bonus provisions to allow increased development density through their local bylaws/ordinances provided that the development provides a substantial public benefit such as the provision of affordable housing substantially above the required 10%, or treatment of substantial amounts of sewage from existing non-sewered development.
ACCOMPLISHMENTS: The two village center zoning districts where shared waste water systems are encouraged, include provisions for the creation of affordable housing at a 25% requirement. In the Seasonal Resort Community Zoning District, the provision of PSTF’s will allow for the long term protection of the cottage colony properties. In the Hotel Resort District the properties which might make use of these systems will be required to maintain a portion of their units as transient hotel units, stemming the loss of “public” access to the town’s private beaches through the condominiumization of waterfront properties.
2.2.9 When allowing additional development in areas where existing high density development or large numbers of faulty septic systems have led to public health or water quality problems, the Town may require PSTFs or DEP approved alternative systems with enhanced nitrogen removal to be installed as a remedial measure.
ACCOMPLISHMENTS: The Town is promoting the use of PSTF and other technology within its densely developed areas as an economic recovery tool. Each of the four areas where zoning specifically allows for shared waste water systems have unique issues that require the ability reinvest and improve or expand the structures present on these properties. For the most part, these areas have been ham-strung, the inability to expand the development on the site made it uneconomical to invest in upgrading waste water treatment, and the cost of waste water treatment made it uneconomical to “fix” the existing structures. Ultimately, this led to a downward spiral in the quality and conditions of the properties in these areas.
Implementation
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The Town should establish a Waste Water Management Committee.
ACCOMPLISHMENTS: The Town has created a Waste Water Management Committee.
2. The Town should continue marine water quality monitoring through volunteers and financial support of the Town.
ACCOMPLISHMENTS: The Town continues to monitor water quality in its embayments, estuaries and ponds. The town also provides funding for the data collection and analysis of water conditions.
3. The Town should consider creating a shellfish revolving fund to provide financial support of shellfish enhancement programs.
ACCOMPLISHMENTS: House Bill 4245 was approved in 2010 and grants the town the authority to establish a Shellfish Mitigation Fund. Monies are deposited into this fund as required by permit approvals under the Dennis Wetlands By-law.
4. The Town should consider the designation of watershed areas contributing to the embayments of Bass River and Swan Pond as Nitrogen Sensitive Areas.
ACCOMPLISHMENTS: The Town has not taken any action on this recommendation.
5. The Town should develop and implement a program of water quality monitoring for the fresh waters of the Town.
ACCOMPLISHMENTS: The Town Water Quality Advisory Committee and DNR Staff collect water samples in both fresh water and salt water water bodies.
6. The Town should declare all coastal waters as No Discharge Zones.
ACCOMPLISHMENTS: The Cape Cod Bay side of town has declared a No Discharge Zone. No such action has been taken on the south side.
7. The Town should establish a management plan for the Town Watershed areas.
ACCOMPLISHMENTS: The Town has not adopted a watershed management plan.
8. The Town should develop an active public awareness program to encourage minimum use of fertilizers, herbicides and pesticides.
ACCOMPLISHMENTS: The Town and Dennis Water District, as part of the Comprehensive Waste Water Management Plan has established public education program to encourage residents to reduce or eliminate their use of fertilizers, herbicides and pesticides.
9. The Town should consider adopting and enforcing regulations to limit development and redevelopment in FEMA V Zones.
ACCOMPLISHMENTS: The Town has adopted provisions which require all construction in flood zones to comply with all FEMA and Massachusetts Building Code requirements.
10. The Town should identify and have certified all vernal pools located within the Town to ensure their proper regulation by the Conservation Commission.
ACCOMPLISHMENTS: The Dennis Conservation Commission is working with the Dennis Conservation Trust and the Compact of Cape Cod Conservation Trusts to identify and certify vernal pools.
11. The Town should consider adopting a regulation that will require waterfront property owners to plant only native species within 50 feet of a resource area.
ACCOMPLISHMENTS: The Dennis Conservation Commission has strict guidelines for alterations and plantings within 50 feet of a resource area.
12. The Town should explore and evaluate methods and the cost of programs to eradicate non-native species.
ACCOMPLISHMENTS: The Town has worked to improve tidal flushing in several area. These improvements increase the flow of salt water and serves to eradicate non-native species which have taken advantage of the lack of salt water. One project in particular, the Bridge Street culvert project restored 56 acres of salt marsh and was recognized with an award from President Obama.
13. The Town should continue to protect Zones of Contribution of the public water supply through programs of land acquisition.
ACCOMPLISHMENTS: The Town and Water District continue to acquire lands to protect the Dennis water supply. The Water District has even worked with the Town of Brewster to protect land within the Zones of Contribution to Dennis wells that were located in Brewster.
14. The Town should develop a minimum use program for fertilizers, pesticides, and herbicides on all Town owned properties.
ACCOMPLISHMENTS: The Town has taken steps to reduce the use of fertilizers, pesticides and herbicides on all town properties.
15. The Town should develop water conservation plans that encourage the installation and use of water saving devices.
ACCOMPLISHMENTS: The Town complies with the state building code requirements related to the installation and use of water saving devices.
16. The Town should identify locations of private wells and septic systems especially in densely developed areas and undertake inspection and improvement programs for upgrading pre-Title 5 and failing septic systems.
ACCOMPLISHMENTS: The Town maintains a program to assist with the replacement of septic systems within the Swan Pond and Swan Pond River watersheds.
17. The Town and the Water District should continue to map, protect and acquire needed future water supply areas.
ACCOMPLISHMENTS: The Dennis Water District, as of December 31, 2010 owned 998 acres of land within the Dennis watersheds and the town had acquired an additional 1,066 acres, representing over sixty percent of the land within these resource areas.
18. The Town should continue its efforts in developing local bylaws or regulations to provide for regular maintenance and pump-out of individual septic systems and funding sources to assists in this work.
ACCOMPLISHMENTS: The Board of Health has regulations related to pumping of septic systems and reporting to the Health Department.
19. The Town should continue to enforce local bylaws or regulations limiting nitrogen loading to protect ground and surface water quality.
ACCOMPLISHMENTS: The Board of Health and Conservation Commission both use their regulations to limit nitrogen loading to protect ground and surface water.
20. The Town should establish or modify local water supply protection bylaws to prohibit hazardous land uses in Wellhead Protection Area.
ACCOMPLISHMENTS: The Dennis Zoning has placed most of the land within the water supply area into large lot residential land uses. In addition, the Board of Health has non-land use based regulations which restrict hazardous materials within these areas.
21. The Town should develop snow removal management strategies for roadways that minimize the total application and other harmful deicing chemicals.
ACCOMPLISHMENTS: The Town has not taken any action on this recommendation.
22. Town should evaluate future build-out scenarios to determine the impacts of different zoning recommendations on water supply and water demand.
ACCOMPLISHMENTS: The Town, as it reviewed each of the village, hotel resort and seasonal resort zoning proposals undertook build-out analysis to gain an understanding, not only of water demand but all other development related impacts.
23. The town will work with the Cape Cod Commission and UMASS-Dartmouth School of Marine Science and Technology (SMAST) on coastal water quality issues.
ACCOMPLISHMENTS: The Town, through its Water Quality Advisory Committee works with the Commission and UMASS Dartmouth on coastal and freshwater quality issues.
24. The town will continue and expand its freshwater monitoring efforts with the assistance of the Commission.
ACCOMPLISHMENTS: The Town, through its Water Quality Advisory Committee works with the Commission and UMASS Dartmouth on coastal and freshwater quality issues. A Lake Management Plan is being compiled to address water quality impairments in Scargo Lake. Additional monitoring is on-going in Cedar and Eagle Ponds for the development of similar plans.
25. The town will continue to explore and develop alternative septic/sewage strategies to meet water quality needs, especially within the proposed growth centers.
ACCOMPLISHMENTS: The Town has created a Waste Water Management Committee to study town waste water needs. In addition, all recent rezonings have included opportunities for the use of shared treatment facilities to allow the Board of Health and the land owners to work together for the most creative and cost effective methods of meeting waste water treatment needs.
26. The town will work to develop solutions to chronic septic problems in Dennisport.
ACCOMPLISHMENTS: The Dennisport Village Center, Seasonal Resort District and Hotel Resort District rezonings have created opportunities for the development and use of shared waste water treatment systems. The use of these systems, in the most densely developed portions of town will go a long way towards solving near-term waste water issues in the village.
