About Daniel Fortier

Daniel Fortier is the Town Planner for the Town of Dennis. He is a certified planner by the American Institute of Certified Planners. He has been the Town Planner since 2001.

Council on Aging Fundraiser

The Supporters of the Council on Aging, our new 501 © 3 nonprofit, are having their first fundraiser to support our programs and services at the Seaview Restaurant on  Thursday, August 7 from 5-7 pm. The flyer is attached. There will be a silent auction with restaurant gift certificates, local merchant gift certificates, raffles, prizes , hot and cold hors d’oeuvres , live jazz music, and cash bar.  If you can’t make the event, we will have prizes on view and available at the center from August 1-7.

 Thank you for supporting the Council on Aging!  Jacqui

 

Jacqueline Wildes Beebe, BSW, MPA

Director, Dennis Council on Aging & Senior Center

1045 Route 134

South Dennis, MA

(508) 385-5067

Cell (508) 280-6643

jbeebe@town.dennis.ma.us

 

Conditions are forever…..

I saw this article and thought I should pass it on.

Some Old Land Use Restrictions Don’t Die, Or Even Fade Away

Of course with a few comments.

The Samuelson v. Planning Bd. of Orleans case clearly establishes that a Planning Board’s conditions do not disappear over time, like private agreements. However, the case also establishes that the concept that “conditions are forever” may have its limits.

Often the Dennis Boards have discussed conditions and whether they could create conditions that tied the hands of future Boards. These discussions have always wound up at one place, that a current Board can establish conditions, but property owners can always petition the Board or a future Board to modify or remove those conditions.

The Samuelson decision clearly reinforces this particular provision, noting that the Kennedy’s could have petitioned the Planning Board to modify the original subdivision under Chapter 41 Section 81W. This specific request was not made, rather the applicant hung its hat on a concept that applies to private agreements that restrictive covenants lapsed after 30 years.

There is a side issue that this case leaves open, but references two cases to be followed, regarding the appropriate party or parties to petition for a modification.

The lesson is, conditions are forever, unless the Board that granted the permit and established the conditions, is 1) properly asked and 2) agrees to modify the conditions.

FEMA/NFIP Flood Maps

On July 16th the new FEMA National Flood Insurance Program Flood Insurance Rate Maps went into effect. A few things people should be aware of:

  • Applications to the Planning or Zoning Boards should include actual, not assumed elevation data. This will provide the opportunity to properly assess the flood zone implications of the proposal.
  • Applications to the Building Department should also include an elevation certificate and an appropriate survey plan illustrating ground elevation.
  • All vertical datum should be in NAVD 88.
  • If your project is located in the flood zone, the application should include an engineers determination of flood zone compliance.
  • Projects with a value of 50% or more of the value of the existing structure will require bringing the structure up to flood zone compliant status.
  • The Board of Appeals, under the “substantially more detrimental” determination reserves the right to require structures to be elevated even if the value is below this level.

We understand that continuing flood insurance coverage will require providing your insurance company with an elevation certificate.  The Planning and Building Departments would like to encourage all residents to file copies of these certificates with our offices as well. This will improve our record keeping and ability to assist you in the future.