Looking at collaborative living spaces for May Town Meeting.
In the case of Cape View Development II, LLC
ZBA CASE NUMBER ZBA 330-13
HEARING OPENED ON
November 19, 2018 and CONTINUED TO January 14, 2019
Seeking a Comprehensive Permit in accordance with MGL Chapter 40B to construct 28 condominium units, 7 of which will be deed restricted affordable to households earning at or below 80% of area median income (Proposed project name: Maritime Landing). The project includes 20 detached single family homes and 8 duplex homes with a mix of two and three bedroom units. The property is located in the R-40 and Limited Business Zoning Districts at 601 Route 6A, Dennis, MA
In consideration of
1. An application for a Comprehensive Permit was received by the Dennis Zoning Board of Appeals (“Board”) on October 24, 2018. The application was for construction of twenty-eight (28) condominium units in twenty-four (24) structures on property located at 601 Route 6A, Dennis, Massachusetts (“Project”).
2. The Board’s hearing on the Application was duly opened on November 19, 2018. The hearing was closed on January 14, 2018 (?). A deliberative session was held on January 14, 2018.
3. The Project is located at 601 Route 6A, Dennis, Massachusetts (the “Property”). The Project consists only of the proposed residential structures located on the Property, and not the existing commercial structures, which are not part of the Project.
4. The Property is located in the LB and R40 Zoning Districts. Nearby uses consist of a mix of commercial, high-density residential and single-family residential uses.
5. The Applicant provided various materials, reports, studies, and revised plans throughout the course of the public hearing on the Application.
6. During the public hearing, the Applicant was assisted primarily by its principal Mark Smith, its civil engineer Tarja McGrail, P.E., of Coastal Engineering, its architect Jeremy Lake, AIA of Union Studio Architecture and Community Design, its traffic engineer Shaun Kelly, of Vanesse and Associated, Inc., its landscape architect Jonathan Petty of Hawk Design, Inc., and its attorney Paul Haverty of Blatman, Bobrowski & Haverty, LLC. The Board utilized the services of BETA Group, Inc., including Philip F. Paradis, Jr., P.E. for civil engineering and Jaklyn Centracchio, P.E., for traffic. The Board also relied upon the assistance of Town Planner Daniel Fortier. The Board received comments from numerous town boards and departments, including the Department of Public Works, Engineering Department, Fire Department, Road Safety Task Force, Conservation Commission, Board of Health and Old Kings Highway District.
7. During the hearings, there was significant public input at every hearing. The Board heard input from abutters and other interested persons throughout the hearing process.
And all of the waivers, findings of fact and conditions noted and including the plans, documents and testimony given during the public hearing, I move for the Board to grant the Applicant a comprehensive permit for the construction of twenty-eight (28) home ownership condominium units in twenty-four (24) structures, pursuant to Chapter 40B, §§ 20-23, for the development described above.
A.1 The holder of this Comprehensive Permit is defined as a limited dividend entity, Cape View Development, LLC. The site is defined as those properties located at 601 Route 6A, containing a total of approximately 5.73 acres. The Project is defined as all features shown on the plans listed above or as otherwise required by this Comprehensive Permit.
A.2 Except as may be provided for in the following Conditions or in the Final Plans referenced above, the Project shall be constructed substantially in conformance with the plans and drawings listed above under PLANS, which for purposes of this Comprehensive Permit shall be considered the Approved Plans for the Project (“Approved Plans”). Minor changes to the Approved Plans (e.g., changes that do not materially affect the location of, or increase the height or massing of the structures, or increase the number of units contained in the residential buildings) shall be submitted to the Building Commissioner who shall have the authority, after consultation with the Town Planner, to approve such changes as immaterial changes. If the Building Commissioner determines that the proposed changes do not conform to the requirements of this Comprehensive Permit, he shall so notify the Applicant and the Applicant shall either bring the plans into conformance with this Decision or seek modification in accordance with 760 CMR 56.05(11).
A.3 The Applicant shall be a Limited Dividend Entity as required by Chapter 40B and it and its successors and assign, shall comply with the limited dividend and other applicable requirements of Chapter 40B and the regulations adopted thereunder.
A.4 The Project shall consist of not more than twenty-eight (28) condominium units in twenty (20) residential structures. The Project shall consist of twenty (20) two-bedroom units and eight (8) three-bedroom units.
A.5 There shall be a minimum of thirty-eight (38) outdoor parking spaces (inclusive of required handicap spaces) and twenty-eight (28) garage parking spaces.
A.6 All residential units approved under this Comprehensive Permit shall be for-sale condominium units. Affordable units shall be interspersed evenly throughout the Project, as approved by the Subsidizing Agency during Final Approval.
A.7 Pursuant to the revised Waiver List submitted to the Board and attached hereto as Exhibit A, the Applicant has requested, and the Board has granted, those waivers from the Dennis Zoning Bylaw and other local by-laws and regulations as specified above. No waivers are granted from requirements that are beyond the purview of G.L. c. 40B, §§20-23. Waivers requested in Exhibit A, and not listed in Waivers above have been deemed as unnecessary by the Board. No waiver of permit or inspection fees has been granted. Any subsequent revision to the Plans, including but not limited to revisions that are apparent in the Final Plans that require additional or more expansive waivers of any local by-laws or regulations, must be approved by the Board in accordance with 760 CMR 56.05(11). To the extent that additional waivers are subsequently determined to be required with respect to improvements that are otherwise shown on the Approved Plans, such waivers shall be deemed an insubstantial change to the Comprehensive Permit under 760 CMR 56.05(11), and can be granted administratively by the Board.
A.8 The Project shall comply with all local regulations of the Town of Dennis and its boards, commissions and departments unless specifically waived herein, included in Exhibit A, but deemed unnecessary and therefor not included herein, or as otherwise addressed in these conditions.
A.9 The Applicant shall copy the Board on all correspondence between the Applicant and any federal, state, or Town official, board, or commission concerning the conditions set forth in this decision, including but not limited to all testing results, official filings, environmental approvals, and other permits issued for the Project.
A.10 Except as otherwise specifically provided herein, where this Decision provides for the submission of plans or other documents for approval by the Building Commissioner or other Town Departments, the Building Commissioner or applicable Department Head will use reasonable efforts to review and provide a written response within thirty (30) days following submission. For submissions that require assistance from an outside consultant, as determined by the Building Commissioner or applicable Department Head, the thirty-day time period shall not begin until the consultant’s fee has been fully funded by the Applicant.
A.11 This Comprehensive Permit may be subsequently assigned or transferred pursuant to 760 CMR 56.05(12)(b). The pledging of the Property as security under any conventional loan financing terms as set forth in the financing entity’s Loan Documents or any foreclosure sale pursuant to the same shall not constitute an assignment or transfer under this paragraph. The Board shall receive notice of any change in the principals of Cape View Development II, LLC during construction of the Project, except if said change is as a result of the exercise by the Project lender of any rights under the applicable Loan Documents.
A.12 The provisions of this Comprehensive Permit Decision and Conditions shall be binding upon the successors and assigns of the Applicant, and the obligations shall run with the land. In the event that the Applicant sells, transfers, or assigns its interest in the development, this Comprehensive Permit shall be binding upon the purchaser, transferee, or assignee and any successor purchasers, transferees or assignees. The limited dividend restrictions shall apply to the owner of the project regardless of sale, transfer, or assignment of the project.
A.13 The sidewalks, driveways, utilities, drainage systems, and all other infrastructure shown on the Approved Plans as serving the Project shall remain private in perpetuity, and the Town of Dennis shall not have, now or in the future, any legal responsibility for the operation or maintenance of the infrastructure, including but not limited to snow removal and landscape maintenance. In this regard, the driveway within the Project shall not be dedicated to or accepted by the Town.
A.14 Unless otherwise indicated herein, the Board may designate an agent to review and approve matters on the Board’s behalf subsequent to this Decision.
A.15 Consistent with other similar projects, the site driveway shall be named, “Maritime Landing” in this instance, and the homes shall follow normal Town of Dennis house numbering protocol.
B.1 A minimum of 25% of the home ownership units shall be low- or moderate-income units, meaning that they shall be sold to households whose income is not more than 80% of the Area Median Income (“AMI”), as determined by the United States Department of Housing and Urban Development (“HUD”) and DHCD (“Affordable Units”). Affordable units shall be dispersed throughout the Project in accordance with the guidelines of the Subsidizing Agency. The Applicant shall be responsible for maintaining records sufficient to comply with DHCD guidelines for the location of Affordable Units in the Project and occupancy of such Units by income-eligible households.
B.2 Upon completion of the Project, and in perpetuity, seven (7) units shall meet the criteria for inclusion in the DHCD’s Subsidized Housing Inventory.
B.3 The Applicant shall obtain approval by the Subsidizing Agency of an affirmative fair housing marketing plan prior to the sale of any units, and shall ensure that the Project complies with the Subsidizing Agency’s fair housing requirements.
B.4 The maximum number of affordable units allowed by law and applicable subsidy program, but no more than seventy (70%) percent of the units, shall be reserved for present residents of Dennis, or employees of the Town of Dennis (or a business located in Dennis) or households with children attending Dennis schools. A lottery shall be established in a form approved by the Subsidizing Agency and/or the Project’s monitoring agent to effectuate this local preference, with an approved secondary pool for all other applicants. The Board acknowledges that is the Town’s responsibility to demonstrate to the Subsidizing Agency that there is a need for a local preference. The Applicant shall assist the Town in the submittal of any evidence required by the Subsidizing Agency to support this local preference requirement. The Board recognizes that the Town must provide evidence of its local preference need to the Subsidizing Agency within three months of the final issuance of the Comprehensive Permit.
C. Submission Requirements
C.1 Prior to any construction or site development activities (including site clearing, tree removal, grading, etc.) on the Site, whether or not pursuant to a building permit, the Applicant shall:
- Deliver to the Board a check in a reasonable amount determined by the Board to be used for the Board to retain outside experts for technical and legal reviews and inspections required under these conditions. Said funds shall be deposited by the Board in an account pursuant to G.L. c. 44, s. 53G and shall only be used for technical reviews and inspections associated with this project. Any unspent funds shall be returned to the Applicant with accrued interest at the completion of the project. If at any time the ZBA reasonably determines that there are insufficient funds to cover the costs of technical reviews, it shall inform the Applicant and the Applicant shall forthwith deliver additional funds as specified by the ZBA in a reasonable amount as may be determined by the ZBA. Said funds may be used by the ZBA to hire civil engineering, traffic engineering, legal counsel, accounting, and/or other professionals that the ZBA deems reasonably necessary to ensure compliance with the conditions hereof, but only to the extent that such review is beyond the scope of what can be done by town staff.
- Obtain a National Pollution Discharge Elimination System (NPDES) Permit from the U.S. Environmental Protection Agency (EPA), if necessary. The Board shall also be provided a copy of the SWPPP submitted along with the NPDES filing (if a NPDES permit is necessary).
- Provide the Board with evidence of compliance with pre-blasting activities requirements, if applicable.
- Determine the volume of cuts/fills needed for the Project and provide such information to the Board, signed by the Registered (Civil) Engineer of record.
- Submit to the Board for review and administrative approval Final Engineering Drawings and Plans (“Final Plans”) that conform to the requirements of this Comprehensive Permit and incorporate the conditions herein. The Final Plans shall also incorporate all conditions and requirements of permitting agencies having jurisdiction. Applicable sheets of the Final Plans shall be signed and sealed by the Professional Land Surveyor of record, the Professional (Civil) Engineer of record. Final Architectural Plans shall be stamped by a Registered Architect. The Final Plans shall be submitted to the Board at least thirty (30) days prior to the anticipated date of commencement of building construction or submission of an application for building permits, whichever is earlier (the “Final Site Plan Submission Date”).
At a minimum, the Final Plans shall be in accordance with the comments from the peer review consultants detailed during the course of the hearing.If no written response or comments have been given to the Applicant by the Board concerning the Final Plans within thirty (30) days after the Final Plan Submission Date, the Final Plans, as delivered, will be deemed to have been approved.
Prior to the submittal of Final Plans, the Applicant shall meet with the Old Kings Highway District for input and consultation on paint colors, selection on unit types, siding types, and other design elements (such as windows, garage doors, etc.).
- Submit to the Building Commissioner a construction mitigation plan including, but not limited to, dust control measures, fill delivery schedules, stockpiling areas, and like matters. Other than site work and such other work as may be authorized in writing by the Building Commissioner, no other construction of units shall commence and no building permits shall be issued under this Comprehensive Permit until the Building Commissioner, in consultation with the Board’s peer review engineer, has approved the Final Plans as being in conformance with this Decision. If no written response or comments have been given to the Applicant by the Building Commissioner concerning the Final Site Plans within forty-five (45) days after the Final Site Plan Submission Date, the Final Plans, as delivered, will be deemed to have been approved.
- Submit to the Board for its administrative approval, a landscaping plan with the Final Plans, as discussed above.
C.2 Prior to the issuance of any building permits, the Applicant shall:
- Record this Comprehensive Permit with the Barnstable Registry of Deeds, at the Applicant’s expense, and provide proof of such recording with the Dennis Building Commissioner and Town Planner.
- Submit to the Board and the Building Commissioner evidence of Final Approval from the Subsidizing Agency (MA Department of Housing and Community Development)(“DHCD”), as required by the Project Eligibility letter and the Chapter 40B regulations.
- Submit to the Board and the Building Commissioner a certified copy of the Regulatory Agreement and Monitoring Services Agreement for the Project. Execution and recording of such Regulatory Agreement shall be completed prior to the issuance of any building permit.
- Submit to the Building Commissioner final Architectural Plans prepared, signed and sealed by an architect with a valid registration in the Commonwealth of Massachusetts (“Architectural Plans”). The Architectural Plans shall be submitted in such form as the Building Commissioner may request.
- The Board’s peer review engineer shall approve the maintenance schedule for the stormwater system.
- Obtain and file with the Building Commissioner a copy of all required Federal, State, and local permits and approvals required to begin construction of the Project.
- Obtain all necessary building, electrical, plumbing, and associated permits required to begin construction of the Project required by state law.
- Submit evidence of permits from the Dennis Board of Health pursuant to 310 CMR 15.00 (Title V), for construction of the septic system for the Project.
D. Construction Completion/Certificate of Occupancy
D.1 Prior to issuance of a certificate of occupancy for a specific portion of the Project, the Applicant shall:
a. Submit engineer’s interim certification of compliance with utilities plan and profiles (as applicable) to the Dennis Building Commissioner.
b. Provide a letter to the Board, signed by the Applicant’s civil engineer, certifying that the Project has been constructed in compliance with the Final Plans in all material respects.
c. Obtain acceptance from the Dennis Fire Department of testing of all fire protection systems, fire alarm systems, fire sprinkler systems (if any), and local smoke alarms within the dwelling units.
D.2 Prior to issuance of the certificate of occupancy for the last residential building to be constructed, the Applicant shall:
a. Submit to the Building and Planning Departments, in digital file format, a final as-built utilities plan including profiles, showing actual-in ground installation of all applicable utilities, rim and invert elevations, driveway, sidewalk and associated construction. The file format shall be in a form acceptable to the Building and Planning Departments and consistent with the requirements of the Dennis Board of Appeals requirements. AutoCAD file delivery shall be in full model view and individual sheet views. The digital file shall include property boundaries, dimensions, easements, rights-of-way, edge of pavement, edge of sidewalk, edge of water bodies, wetland boundaries, topographic contours, spot elevations, parking areas, driveway centerline and associated text. Said digital data shall be delivered in the Massachusetts State Plane Coordinate System, North American Datum 1983 and North American Vertical Datum 1988, in U.S. Survey Feet.
b. Submit to the Building Commissioner and Town Planner as-built plans, paper and CAD, for all buildings in the Project.
E. Project Design and Construction
E.1 Prior to the commencement of any work on the site, the Applicant and the site general contractor shall attend a preconstruction conference with the Building Commissioner and other Town staff as may be determined.
E.2 If blasting is necessary, the Applicant shall comply with the blasting guidelines required by applicable Massachusetts state law, rule and regulations. The Applicant shall permit representatives of the Board to observe and inspect the Site and construction progress until such time as the Project has been completed.
E.3 The Applicant shall permit representatives of the Board to observe and inspect the Site and construction progress until such time as the Project has been completed.
E.4 The proposed construction shall be in accordance with applicable Federal and State laws, rules and regulations.
E.5 All site retaining walls four (4) feet or greater in height shall be designed by a Massachusetts Professional Structural Engineer.
E.6 During construction, the Applicant shall conform to all local, State, and Federal laws regarding noise, vibration, dust, and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Adequate provisions shall be made by the Applicant to control and minimize dust on the site during construction in accordance with the construction mitigation plan. The Applicant shall keep all portions of any public way used as access/egress to the Project free of soil, mud or debris deposited due to use by construction vehicles associated with the Project.
E.7 Appropriate signage shall be shown on the Final Plans. The Applicant has not requested any waivers from the Town of Dennis Bylaws regarding signs, and the Board has granted no such waivers.
E.8 The location of all utilities, including but not limited to electric, telephone, and cable, shall be shown on the Final Plans. All transformers and other electric and telecommunication system components shall be included on the Final Plans.
E.9 The Applicant shall use natural gas for the Project, if reasonably available at the time of the submission of Final Plans. Gas service locations shall be included on the Final Plans.
E.10 The Applicant shall install lighting on the site which conforms to the Town of Dennis’s Zoning Bylaw. The Applicant proposes only lighting at unit locations, no street lighting is proposed. Lighting shall be down-lit/shielded to prevent light spillover onto surrounding properties. Management of outdoor lighting shall be the responsibility of the Applicant.
E.11 Utilities, including but not limited to telephone, electric, and cable, shall be located underground.
E.12 Soil material used as backfill for pipes, access drives, or structures shall be certified by the Civil Engineer to the Building Commissioner as meeting design specifications, as applicable.
E.13 Construction activities shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. For purposes of this condition, construction activities shall be defined as: start-up of equipment or machinery, delivery of building materials and supplies; delivery or removal of equipment or machinery; removal of trees; grubbing; clearing; grading; filling; excavating; import or export of earth materials; installation of utilities both on and off the site; removal of stumps and debris; and erection of new structures. All off-site utility work shall be coordinated and approved by the Building Department and shall not be subject to the timing restrictions set forth above. Parking of all vehicles and equipment must be on site during construction.
E.14 Burning or burial of construction or demolition debris on the site is strictly prohibited. All such materials are to be removed from the site in accordance with applicable law. During construction, the site shall be secured against unauthorized entry or vandalism by fencing, or other appropriate means, and all construction materials shall be stored or stockpiled in a safe manner. Any floodlights used during the construction period shall be located and directed so as to prevent spillover or illumination onto adjacent properties. All construction activities are to be conducted in a workmanlike manner.
E.15 No building areas shall be left in an open, unstabilized condition longer than sixty (60) days. Temporary stabilization shall be accomplished by hay bales, hay coverings or matting. Final stabilization shall be accomplished by loaming and seeding exposed areas.
E.16 All retaining walls visible from a public way or direct abutters, as determined by the Building Commissioner based upon the time of year when such walls would be most visible, shall be constructed in an aesthetic manner. Specifically, retaining walls shall avoid the use of exposed concrete to the greatest extent practicable.
E.17 Snow shall be stored within the areas of the site designated on the Approved Plans. To the extent snowfall exceeds the capacity of the designated snow storage areas, the Applicant shall truck the excess snow off-site.
E.18 The Applicant shall comply with all applicable state and federal requirements relating to noise from construction activities, including the regulations contained at 310 CMR 7.10 and the DEP’s Noise Policy contained in DAQC Policy 90-001. The Applicant shall also implement all necessary controls to ensure that vibration from construction activities does not constitute a nuisance or hazard beyond the Property. Upon notification from appropriate municipal officials, the Applicant shall cease all construction activities creating noise in excess of state and federal standards, and shall implement such mitigation measures as is necessary to ensure the construction activity will comply with applicable State and Federal requirements.
E.19 The Applicant is responsible for the sweeping, removal of snow and sanding of the internal roadways and driveways providing access to residents of the Project, as well as emergency vehicles.
E.20 The Applicant shall maintain all portions of any public road, whether state or local roads, used for access to the Property by construction vehicles, free from soil, mud or debris deposited due to such use during the duration of construction.
F. Traffic Safety Conditions
F.1 Access and egress to the Project shall be consistent with the Approved Plans.
F.2 All signs and pavement markings that are to be installed within the Project shall comply with the standards of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).
F.3 The Applicant shall install a school bus waiting area at an appropriate location defined in consultation with the Dennis School Department.
F.4 All pedestrian crossings constructed or modified in conjunction with the Project shall include Americans with Disabilities Act (ADA) compliant wheelchair ramps.
F.5 The condominium documents shall include a provision that restricts on-street parking to one side of the driveway within the Project. The Board or its designee shall review the Condominium Documents prior to the issuance of any certificate of occupancy, to confirm that this requirement is included. The Town shall have no responsibility for enforcing the parking restriction.
F.6 Consolidate the four existing curb cuts in front of the property to two curb cuts which will increase safety by decreasing the overall number of conflict points.
F.7 Provide stop signs and stop line pavement markings as appropriate at Main Street (Route 6A) and Antonelli Circle/Proposed driveway and Route 6A and Signal Hill Drive intersections.
F.8 Provide $5,000 to the Town to complete a feasibility study of potential improvements for the immediately adjacent Route 6A area.
F.9 Install a Rectangular Rapid Flashing Beacon (RRFB) at the existing unsignalized mid-block crossing just north of the proposed site driveway.
F.10 The Applicant shall install two (2) speed limit signs, one on either side of the project limits to be determined in conjunction with the Dennis Engineering Department, Police, Road Safety Task Force and MassDOT.
F.11 The Applicant shall prepare a Speed Zone Study for submission by the Town to MassDOT to request a posted speed limit reduction.
F.12 The applicant shall consult with the Old King’s Highway Historic District Committee on colors and materials before submitting Building Permit applications for the individual housing units. This is a consultation, not an approval process.
F.13 The existing sidewalk along Route 6A shall be extended along the entire length of the Project frontage to the Dennis Public Market and shall include granite curbing. The sidewalk shall be designed and constructed to meet ADA requirements.
F.14 The improvements recommended in the Transportation Impact Assessment shall be shown on the final Site Plans.
F.15 Wheelchair ramp details shall be shown on the final Site Plans.
G. Septic/Board of Health
G.1 In accordance with 310 CMR 15 Title 5, groundwater mounding calculations as required by section (§15.215(2) will be submitted to the health department for review when the Applicant applies for a disposal works construction permit.
G.2 Architectural plans indicate options from 2 and 3 bedroom units which may include a bonus room or study. A careful inventory of bedroom count will be necessary to regulate sewer design flows. A Title 5 Deed Restriction shall be filed limiting the project to sixty-four (64) bedrooms.
G.3 Applicant will provide manufacturers requirements for construction and maintenance of Septitech Staar 9.0 Processor to the health department when the final construction documents are complete and application is made for a disposal works construction permit
G.4 The Applicant will submit Annual maintenance reports to the Board of Health.
G.5 With final design plans provide pressures distribution design calculations in accordance with MassDEP Title 5 Pressure Distribution Design Guidance effective May 24, 2002.
G.6 Garbage disposals are prohibited.
G.7 Water saving Devices shall be installed and verified by the Health Department.
G.8 No alteration of the floor plan of any dwelling without further review by the Board of Health (and without approval by the Board as a modification pursuant to 760 CMR 56.05(11).
G.9 Record the Title 5 Deed Restriction limiting the project to sixty-four (64) bedrooms at the Registry of Deeds with a Copy to the Health Department.
G.10 The Design engineer shall submit a certified as-built plan with elevations to the Health Department.
G.11 A signed maintenance agreement for the alternative system shall be submitted to the Health Department, before the release of the Disposal System Construction Permit. The O & M agreement for the alternative system shall include a requirement for testing. This testing shall be conducted four (4) times per year for TKN, TSS, BOD5, pH, nitrate, and temperature. After two (2) years of operation, the applicant shall return to the Board of Health for review of the alternative septic system.
G.12 A time run meter for the effluent pump shall be installed and hard-wired into the main electrical panel.
H.1 The Applicant shall be responsible for the design and install of the utilities servicing the Project.
H.2 All water infrastructure shall be installed in conformance with the Town of Dennis requirements. The Applicant shall consult with the Water Department/DPW prior to the commencement of construction.
H.3 Fire hydrants shall be placed as shown on the Approved Plans in locations approved by the Dennis Fire Department. If the Dennis Fire Department approves different hydrant locations, such modification shall be accepted as an insubstantial change pursuant to 760 CMR 56.05(11).
H.4 The service size for the domestic water service should be verified by the Water Department and information on the fire service size and requirements should be verified by the Fire Department. The Applicant shall submit information regarding the size of both the domestic and fire services as part of Final Plans, after consultation with the Water Department and the Fire Department respectively.
H.5 All water and septic improvements necessary to serve the Project must be completed, and interim as-built plans must be submitted to and approved by the Dennis Water District and the Dennis Board of Health, before any occupancy permits for the Project may be issued.
H.6 Provide documentation from the Water Department that there is adequate capacity to service the proposed development.
H.7 On final design, plans show locations of all proposed gate and shut off valves and provide details for water main and service work including the trench, thrust block, gate valves, shut off valves and hydrant details by the Town of Dennis standards.
I.1 A copy of the SWPPP shall be submitted to the Town Building Commissioner and Town Engineer before construction.
I.2 Expanded retention areas at DW-1, DW-3, DW-4 to DW-5 and swale along SW edge of site shall be incorporated into final design plans.
I.3 Incorporate swale along NW edge of site between Unit 3 and Unit 9 shall be included in final design plans.
I.4 Final design plans shall show Tc paths for each subcatchment on the pre and post-development watershed plans and shall verify direct entry Tc used in the calculations accurately reflects conditions.
I.5 The final design plans shall show the ultimate discharge point for each subcatchment on the pre and post-development watershed plans.
I.6 Existing drainage structures on the commercial portion of the site should be evaluated to ensure that they are working properly if they are to be re-used. Should the existing structure to be reused is found in failing condition, construction plans shall include measures to replace the structure.
I.7 Provide Operation and Maintenance Plan for Stormwater System.
I.8 The landscape plan with the utility and grading plan shall be coordinated in the final construction plans to maximize runoff storage and eliminate conflicts.
I.9 A town representative shall observe native soils upon excavation for proposed infiltration system to confirm that groundwater and soil texture are consistent with design assumptions.
I.9 A copy of all operations and maintenance records shall be filled and made available to the Town upon request.
J. Completion of Infrastructure:
J.1 As security for completion of the infrastructure shown on the Final Site Plans, including, but not limited to the driveways, sidewalks, parking, stormwater management system, lighting, water and septic systems, landscaping and utilities (collectively the “Infrastructure”), the Applicant shall provide security consistent with the provisions of G. L. 41, § 81U, and subject to the following:
- No occupancy permit for a building shall be issued until: (1) the driveway shown on the Final Site Plans providing access to the subject building has been installed, excepting the final course of pavement; and (2) all other Infrastructure necessary to serve the building, as approved by the Board’s peer review engineer or the Building Commissioner has been constructed and installed so as to adequately serve said building. The final infrastructure for the Project, including, but not limited to, final course of pavement shall be installed prior to the issuance of occupancy permits for the final market-rate duplex structure. The final infrastructure shall include, but not be limited to: intermediate and final course of pavement, remaining landscaping, and any “punch list” items identified by the Board’s engineer or the Building Commissioner. Final infrastructure shall also include the connection to the municipal drainage system, if such connection is available at the time for issuance of the final occupancy permits, but was not available at the issuance of building permits due to appeals of the Order of Conditions. Alternatively, if the Applicant desires to obtain such final occupancy permits for the final market-rate duplex structure before the completion of said Final Infrastructure, it shall deposit monetary security with the Town securing the installation and construction of such Final Infrastructure. The amount of such security and any necessary contingency shall be determined by the Board, acting reasonably and upon the advice of its consulting engineer. The form of the security agreement binding such security shall be subject to review by Town Counsel.
- The Board’s peer review engineer shall review the Project upon completion of all such Final Infrastructure as described above, and shall notify the Dennis Building Commissioner that occupancy permits may be issued.
K. Other General Conditions
K.1 This Decision will be deemed to be final upon the expiration of the appeal period with no appeal having been filed or upon the final judicial decision following the filing of any appeal, whichever is later. In accordance with 760 CMR 56.05(12)(c), this Comprehensive Permit shall expire three (3) years from the date that the permit becomes final, unless (i) prior to that time substantial use of the Comprehensive Permit has commenced or (ii) the time period is otherwise tolled in accordance with law. The Applicant may timely apply to the Board for extensions to the Comprehensive Permit as permitted by law.
K.2 The Applicant shall comply with all local regulations of the Town of Dennis and its boards, commissions, and departments unless specifically waived herein or as otherwise addressed in these conditions.
K.3 The Applicant shall copy the Board on all correspondence between the Applicant and any federal, state, or Town official, board, or commission concerning the conditions set forth in this decision, including but not limited to all testing results, official filings, environmental approvals, and other permits issued for the Project.
K.4 This Decision prohibits the parking or storage of any unregistered vehicle on the site, and likewise prohibits the service of any vehicles on the site, except during construction.
K.5 Prior to the issue of any occupancy permits, the Applicant shall provide the Board a copy of the Condominium Master Deed and the Condominium Documents for review and administrative approval.
K.6 In the event that the Applicant (or its Management Company) fails to maintain the stormwater management system for the Project in accordance with its operation and maintenance plan, the Town may conduct emergency maintenance and/or repair, as it deems necessary, and the Applicant shall, prior to the issuance of any certificates of occupancy, convey such easement or other rights in a form mutually acceptable to the Town and the Applicant as may be reasonably necessary to complete such repair and/or maintenance. In the event the Town is required to perform such maintenance, the Applicant shall reimburse the Town within forty-five (45) for all of its reasonable expenses related to such work.
K.7 The Project entrance way and interior driveways, and drainage systems associated therewith shall remain private, and the Town shall not have any legal responsibility for the operation and maintenance of such.
K.8 Install bounds at each property corner.
K.9 If any default, violation or breach of these conditions by the Applicant is not cured within thirty (30) days after notice thereof (or such longer period of time as is reasonably necessary to cure such a default so long as the Applicant is diligently and continuously prosecuting such a cure), then the Town may take one or more of the following steps: (a) by mandamus or other suit, action or other proceeding at law or in equity, require the Applicant to perform its obligations under these conditions; or (b) take such other action at law or in equity as may appear necessary or desirable to enforce these conditions. If the Town brings any claim to enforce these conditions, and the Town finally prevails in such claim, the Applicant shall reimburse the Town for its reasonable attorneys’ fees and expenses incurred in connection with such claim.
K.10 The Applicant has provided a sketch plan showing the elimination of the exterior sidewalk along the driveway loop, in order to allow increased length of driveways in this area. The Applicant shall include a sheet on the Final Plans that is consistent with the layout shown on the sketch plan, eliminating the exterior sidewalk from the loop and providing a minimum driveway length of twenty feet (20’). Prior to approval of the Final Plans, the Fire Department shall review and approve the new configuration of the loop driveway.
1. The Applicant has demonstrated its eligibility to submit an application for a Comprehensive Permit to the Board, and the development fulfills the minimum project eligibility requirements set forth in 760 CMR 56.04(1) as follows:
a. The Applicant has formed a limited dividend entity, the Cape View II Development, LLC, which is a single-purpose entity created for the purpose of the Project. Cape View Development, LLC has a principal place of business of 16 Mowry Street, Mendon, MA 01756.
b. The Applicant has received a written determination of Project Eligibility from the Department of Housing and Community Development under its Local Initiative Program, dated October 16, 2018, a copy of which was provided to the Board with the original application.
c. The Applicant has included a copy of a Purchase and Sale Agreement dated February 21, 2018, thus the Applicant has shown evidence of site control sufficient to qualify as an Applicant for a Comprehensive Permit.
d. The Applicant has agreed to execute a Regulatory Agreement that limits its Return on Total Cost in accordance with Chapter 40B and the regulations and guidelines adopted thereunder by DHCD.
2. The Town of Dennis does not meet the statutory minima set forth in G.L. c. 40B § 20 or 760 CMR 56.03(3) to 56.03(7):
a. At the time of the filing of the application, the number of low or moderate income housing units in the Town of Dennis constituted 5.25% of the total year-round units in the Town, based on the most recent publicly available copy of the DHCD Subsidized Housing Inventory, dated November 15, 2018. Thus, the Town does not meet the 10 percent statutory minimum.
b. The Town does not have information that there are existing affordable housing units that are on sites which comprise more than one and one half percent (1.5%) of the total land area of the Town which is zoned for residential, commercial or industrial use (excluding land owned by the United States, the Commonwealth of Massachusetts or any political subdivision thereof).
c. The granting of this comprehensive permit will not result in the commencement of construction of low or moderate income housing units on a site comprising more than three tenths of one percent of land area in the Town of Dennis or ten acres, whichever is larger, zoned for residential, commercial or industrial uses (excluding land owned by the United States, the Commonwealth of Massachusetts or any political subdivision thereof) in any one calendar year.
d. The Town of Dennis currently has an approved Housing Production Plan pursuant to 760 CMR 56.03(4), but has not achieved certification of such Housing Production Plan.
e. The Dennis of Dennis has not achieved recent progress toward its housing unit minimum pursuant to 760 CMR 56.03(5).
f. The Project does not constitute a Large Project pursuant to 760 CMR 56.03(6).
g. The Applicant’s comprehensive permit application does not constitute a Related Application pursuant to 760 CMR 56.03(7).
3. The access is by way of a shared driveway, not the division of land to create a subdivision road. The shared driveway will not result in any changes related to setbacks on either 601 or 593 Route 6A. Section 220.127.116.11.b allows “in Commercial Zones, a driveway for vehicle and pedestrian access may be provided from one lot to another.”
4. Consistent with the determination in Building Inspector of Dennis v. Harney 2 Mass App Ct. 584, 585-586 (1974), residential uses are allowed within the Limited Business Zoning District and no zoning violation is created.
5. Changes within the commercial portions of the site at 601 Route 6A are necessitated by the requirements of the Dennis Board of Selectmen to have one of the two driveways be closed. This required mitigation measure triggers the need to reconfigure the existing parking that does not conform to the location requirements found in Section 18.104.22.168 of the Dennis Zoning By-law.
6. Dennis Subdivision Rules and Regulations do not apply to this project as no division of land or construction of roads are proposed as part of this project.
FINDINGS OF FACT
1. The Dennis Board of Selectmen entered into a Community Compact Agreement with Lieutenant Governor Karyn Polito to work on solving our local affordable housing needs.
2. The Dennis Board of Selectmen has endorsed the Dennis Affordable Housing Production Plan, which committed the town to work to close the affordability gap in Dennis.
3. Dennis has only 5.25% of its housing deed-restricted affordable.
4. This is an increase of over 1% over the past decade
5. Dennis is far short of the Chapter 40B mandate.
6. According to the Cape Cod Commission’s Regional Housing Analysis Dennis has a shortfall of 1,695 ownership housing units for persons earning 80% of the region’s median income.
7. The Cape Cod Commission projects the shortfall of affordable ownership housing units to grow to 2,066 by 2025.
8. The Cape Cod Commission report shows a shortage of 341 rental units for persons earning 80% of median income.
9. The Cape Cod Commission report notes the affordable rental housing shortfall is expected to grow to 458 in 2025.
10. The Cape Cod Commission projects the total shortage of affordable housing is 2,036 at present.
11. The Cape Cod Commission projects the total shortage of affordable housing to grow to 2,524 by 2025.
12. The Cape Cod Young Professionals 2018 survey identified affordable housing as the number 1 issue facing young people wanting to live and work on Cape Cod.
13. The Cape Cod and Islands Association of Realtors reported March 2018 Median Sales were $415,000 an increase of 9% in one year.
14. According to Redfin, it takes an income of $87,000 to own such a home.
15. HUD Median Family Income for a Family of Four in Barnstable County in 2018 is estimated to be $86,200.
16. In 2016 the Dennis Median income was $55,506, at that time Barnstable County had a median income of $65,382.
17. The median priced home on Cape Cod is out of reach of a family earning median income.
18. Median-priced homes are even further out of reach for Dennis residents.
19. The proposal will provide two three-bedroom units priced at $215,000 targeted at a family of four earning $68,950 and five two-bedroom units priced at $192,750 targeted at a family of three earning $62,100.
20. At a Dennis Board of Selectmen Summit on Affordable Housing town leaders committed to working together for affordable housing solutions.
21. The Summit confirmed a concern about the town’s lack of action and progress on adding affordable units.
22. The Summit confirmed a concern that many of the younger professionals were moving out of Dennis and about the effects of this on the Town’s economic diversity.
23. The Summit recommended spreading the development of affordable housing through all the villages.
24. Affordable Housing concentration in Dennis by Village, based upon 2010 year-round housing counts and units with deed restrictions, lags behind every other Village except West Dennis:
a. Dennis Village 3.1%
b. South Dennis 8.1%
c. Dennis Port 3.4%
d. West Dennis 1.1%
e. East Dennis 4.8%
25. The Summit concluded with an agreement to work cooperatively with the Affordable Housing leaders to develop solutions to affordable housing needs in Dennis.
26. The Dennis Municipal Affordable Housing Trust has reviewed this proposal and has endorsed it.
27. The “Proof Plan” illustrates a plan that could comply with the requirements of Section 4.9 of the Dennis Zoning By-law. Under the “Proof Plan,” none of the units have garages.
28. The Comprehensive Permit Plan exceeds the limitations found in Section 4.9 in respects:
a. It exceeds the it exceeds the 15% lot coverage, which allows for each unit to have a one car garage; and
b. on the on the northerly side, they have a 9-foot off-set to the property line. This is less than the 20 feet required.
29. The site out front is a commercial parking lot.
30. There is a vegetated buffer on the commercial site that, when combined with the 9 feet on the development site, creates a buffer of over 20 feet between the house and the parking lot.
31. The commercial site is owned by the developer of the Comprehensive Permit site.
32. The Peer Review Consultant and the Dennis Board of Health have reviewed the proposed wastewater system and have determined it is adequate for the site.
33. The Peer Review Consultant and the Dennis Board of Health have recommended conditions related to the wastewater system at the time of Board of Appeals approval.
34. The plans illustrate a 39,000-gallon treatment tank volume, which exceeds the requirements of Board of Health Regulations §11.0 Septic Tanks.
35. The Peer Review Consultant has reviewed the Water Distribution system and had determined it is adequate for the site.
36. The Peer Review Consultant has recommended conditions related to the water distribution related to the system at the time of Board of Appeals approval.
37. The Peer Review Consultant and Dennis Town Engineer have reviewed the Stormwater Plan for the site and has determined it is adequate for the site.
38. The Peer Review Consultant and Dennis Town Engineer have recommended conditions related to the Stormwater Plan at the time of Board of Appeals approval.
39. The Peer Review Consultant and Dennis Town Planner have reviewed the Traffic Impact Assessment and have determined it is adequate for the site.
40. The conditions found in the Traffic Impact Assessment are recommended for inclusion in the conditions at the time of Board of Appeals approval.
41. The Dennis Old King’s Highway Historic District Committee has reviewed the project.
42. Chapter 40B authorizes the Dennis Board of Appeals to issue a Comprehensive Permit when it determines that a proposal will benefit attaining the goal of affordable housing under said Chapter.
43. Chapter 40B authorizes the Dennis Board of Appeals to issue the permits that would otherwise be under the jurisdiction of other town boards and committees.
44. Chapter 40B authorizes the Dennis Board of Appeals with the ability to impose reasonable conditions, as long as such conditions do not render the project infeasible.
45. The conditions listed below are determined by the Dennis Board of Appeals not to render the project uneconomic.
46. The conditions listed below are consistent with or exceed the requirements made by the Dennis Board of Selectmen as part of their support for the Chapter 40B application to the state.
47. The proposal will provide the Town of Dennis with seven new for-sale affordable housing units.
48. The seven affordable housing units will be 25% of the units within the development project.
49. The proposal will help people who, because of rising land prices, have been unable to obtain suitable housing at an affordable price within the Town of Dennis. The 2010 Census shows that Dennis lost nearly 1,800 people in the past decade. Much of this population loss has been in the younger age groups including significant losses in the under 30 population. Housing, especially affordable home ownership will improve the ability of the town to attract such populations.
50. The proposal will help to maintain a stable economy by preventing out-migration of residents who provide essential services. IRS income tax data illustrates significant out-migration from Barnstable County. These losses include older population migrating to southerly states and others, most likely younger people, migrating to counties surrounding the City of Boston.
51. The proposed development site plan is designed in its site allocation, proportions, orientation, materials, landscaping and other features as to provide a stable and desirable character complementary and integral with the site’s natural features.
52. The development, density increase and relaxation of zoning standards has no material, detrimental effect on the character of the neighborhood or Town and is consistent with the performance standards of the Dennis Zoning By-law.
53. That consistent with Chapter 40B the Board of Appeals has the discretion to reduce or suspend the minimum area requirements otherwise applicable under Section 2.3.2.
54. The project is consistent with the General Objectives of Section 4.9 of Dennis Zoning By-law and its objectives for Affordable Housing Development and:
a. promotes in-fill residential development opportunities;
b. is compatible with the adjacent neighborhood;
c. encourages the development of economically priced housing and a variety of types of housing; and
d. fosters flexibility and creativity in the creation of affordable housing.
55. The proposal is generally consistent with Section 22.214.171.124 of the Dennis Zoning By-law as noted below (Exceptions also noted):
A. “126.96.36.199.1 The Planning Board shall have discretion to reduce or suspend the minimum requirements otherwise applicable under Section 2.3 , 3.1 and 4.2 for an Affordable Housing Development, provided that the Planning Board finds that the conditions present on the site are adequate to support the proposed use, protect the surrounding neighborhood, and meet the intended goals of providing affordable housing; and provided however that there must be:
a. a maximum height of 35 feet and two stories (complies);
b. a maximum building coverage of 15% (waiver necessary);
c. a maximum total site coverage of 50% (complies);
d. a minimum building separation of twenty feet (waiver necessary); and
i. a determination that the parking will be adequate in number and size to serve the proposed use of the site (complies).
B. “188.8.131.52.2 The Planning Board shall have the discretion to permit a density of greater than one bedroom for every 10,000 square feet based upon the recommendation of the Dennis Board of Health that the wastewater system recommended for the site meets all state and local environmental standards for the protection of public health and water quality.” The septic design for this property has been reviewed by the Peer Consultant and the Board of Health, and with reasonable conditions will exceed the requirements of Title 5.
C. 184.108.40.206 Special Permit Requirements:
a. A minimum tract of two and one-half (2 1/2) acres shall be required. (Complies: The total tract of land exceeds 5 acres; the proposed residential portion exceeds 4 acres);
b. A maximum of sixteen (16) dwelling units shall be allowed in any one building (Complies: the proposal calls for single family and duplex dwelling units);
c. The Planning Board shall have the discretion to reduce the off-street parking requirements otherwise applicable under Section 220.127.116.11 where (1) the number of units to be restricted under Section 4.9.4 exceeds 25%, and (2) the applicant demonstrates that the proposed parking is sufficient to address the parking needs of the Affordable Housing Development. (Complies: Each unit is designed with a one-car garage and an adequate driveway area for additional parking. Ten additional parking spaces are provided for overflow parking);
d. The tract of land to be developed shall provide for the front, rear and side setbacks of 20 feet, which shall constitute vegetated buffers, except for where crossed by site driveways; (Waiver needed: The plan illustrates the 20-foot vegetated buffer as required under zoning around most of the property. There are areas where the 20-foot buffer is not met, as shown on the plans).
e. The areas where less than 20 foot buffers are provided were adjusted after consultation with adjacent abutters and additional screening was provided.
56. The construction of the twenty-eight units of housing as conditioned would not create a nuisance, hazard or congestion, nor would it cause other significant harm to the neighborhood.
57. The site, at 6.04 units/acre, will be of a comparable density to or less dense than the following Affordable Housing Projects approved by the Dennis Planning Board:
49 Baxter Street – 6.8 units/acre
Elkanah Howland Road – 11 units/acre
27 & 29 Mill Street – 17.2 units/acre
MelPet Housing – 6.1 units/acre
323 Main Street, West Dennis – 31.6 units/acre
Connie’s Cottages – 16.9 units/acre
47 Route 134 – 11.7 units/acre
16 Telegraph Road – 10.4 units/acre
163 Upper County Road – 8 units/acre
58. The applicant has met with the Dennis Affordable Housing Trust, and the Trust has voted to endorse the project as consistent with the Dennis Planned Production Plan for Affordable Housing.
59. Mortgage costs exceed 30% of income for 57.6% of the homeowners earning less than 80% of median income.
60. The applicant met with the Old King’s Historic District Committee on November 14, 2018.
61. The Board finds that granting a Comprehensive Permit, with the conditions and waivers contained below, is consistent with local needs.
62. The Board finds that finds that the conditions imposed in Section IV of this Decision are necessary in order to address Local Concerns. The Board finds that such conditions will not render the project uneconomic. To the extent that such conditions may render the project uneconomic (as defined in 760 CMR 56.02), the Board finds that the Local Concerns outweigh the potential benefits of the proposed affordable units.
63. The Board finds that granting certain waivers from local by-laws and regulations is acceptable even though granting any waivers may have an adverse impact on Local Concerns.
64. The Board acknowledges concerns raised by abutters and other interested parties, including concerns relating to increased traffic, parking demand, septic design and stormwater runoff. The Board has addressed these concerns by the imposition of appropriate conditions. The Board further finds that conditions detailed below appropriately address these matters of local concern in a manner that outweighs the regional need for affordable housing. The Board finds that the conditions imposed below addresses local and regional housing needs while properly protecting valid issues of local concern.
65. The site is served by a driveway serving the commercial and residential portions of the site. No subdivision streets are proposed as a part of this application.
66. The northerly portion of the driveway provides access to commercial and residential uses and is designed in its “roadway” width to meet the Dennis Subdivision requirements for Collector Streets.
67. The southerly portion of the driveway provides access to residential units of less than 50 units, and is designed in its “roadway” width to meet Dennis Subdivision requirements for Minor Streets. The Applicant will submit proposed Condominium documents limiting parking to one side of the proposed driveway. Enforcement of this restriction will be the sole responsibility of the Applicant and/or the successor Condominium Association. The Town shall have no obligation to enforce such parking restriction.
68. The northern portion of the site involves stormwater upgrades on the existing developed portion of the property. These stormwater upgrades are found to meet the redevelopment standards under Section 6 C.1.d.(3).
69. The Board finds, based upon the material submitted and the findings of the Peer Review, that the site is not within an Environmentally Sensitive Area.
70. MassDEP Priority Resource Map does not indicate the presence of wetland resource area within 200 feet of the parcel. The lot is not located within a FEMA mapped 100 year flood zone. NHESP maps indicate that the entire project parcel is located outside of estimated habitat of rare wildlife and priority habitat of rare species. Natural Resources Conservation Service (NRCS) maps indicate the soils on site are predominately Eastchop loamy fine sand with a hydrologic group rating of “A” (high infiltration rate).
71. New development area stormwater systems were designed (with the inclusion of the recommended conditions listed below) in accordance with the Massachusetts Stormwater Standards and Handbook. Best management practices (BMPs) include deep sump catch basins, proprietary water quality units, and infiltration units to capture, treat and recharge the majority of stormwater runoff on-site.
72. Re-development area stormwater systems were designed (with the inclusion of the recommended conditions listed below) to meet the Standards to the maximum extent practicable. Improvements include retrofitting pavement with BMPs including deep sump catchbasins, proprietary water quality units, and infiltration units to provide greater treatment and groundwater recharge of the stormwater runoff on-site.
73. The project proposes to be served by public water from the existing 8 inch water line in Main Street.
74. The Board of Health does not consider the parcel to be located in an environmentally sensitive area.
75. The existing on-site septic systems will be maintained to service existing buildings to remain.
76. New residential units are proposed to be served by a shared on-site septic system designed in accordance with 310 CMR 15.000 (Title 5).
77. The applicant is providing additional nitrogen removal by proposing to install proprietary treatment system.
78. The applicant provided nitrogen loading calculations in accordance to guidelines published in Technical Bulletin 91-001 (Final) Nitrogen Loading dated April 1992
79. The Board, based upon the peer review engineer, BETA Engineering, found no MassDEP or the Town of Dennis regulations restricting development (or septic system) based on the findings of the Massachusetts Estuaries Project (MEP).
80. The Cape Cod Commission watershed report October 2017 for Chase Garden Creek indicates “An MEP report will not be developed for the Chase Garden Creek watershed and other Cape watersheds where nitrogen is not believed to be critical issue due to tidal flushing, low intensity development, or geomorphology.”
81. The Commission classifies Chase Garden Creek as a low water threat level and states “Since there is no evidence of water quality impairment at this time, wastewater needs are determined based upon other factors, such as Title 5 compliance.”
82 Relative to sewer flow calculation and bedrooms the peer review engineer, BETA, offered the following excerpt from 310 CMR 15.203 (Title 5) System Sewerage Flow Criteria:
Min. allowable gpd
Type Establishment Unit Gallon/Day for System Design
Family Dwelling, Single per bedroom 110 330**
including, but not limited to, single family condominiums & cooperatives
** A system may be designed for flows of not less than 220 gpd, if a deed restriction essentially identical to the model Grant of Title 5 Bedroom Count Deed Restriction developed by the Department, is provided that limits the dwelling to two bed rooms as the term “bedroom” is defined in 310 CMR 15.002.
See also this excerpt from 310 CMR 15.203 Definitions:
Bedroom – A room providing privacy, intended primarily for sleeping and consisting of all of the following:
a) floor space of no less than 70 square feet;
b) for new construction, a ceiling height of no less than seven feet three inches;
c) for existing houses and for mobile homes, a ceiling height of no less than seven feet zero
d) an electrical service and ventilation; and
e) at least one window.
Living rooms, dining rooms, kitchens, halls, bathrooms, unfinished cellars and unheated storage areas over garages are not considered bedrooms. Single family dwellings shall be presumed to have at least three bedrooms. ….. The applicant may design a system using design
flows for a smaller number of bedrooms than are presumed in this definition by granting to the Approving Authority a deed restriction limiting the number of bedrooms to the smaller number.
83. These issues have been addresses with conditions established below.
84. The Board finds that the construction of the Project, as conditioned, will be consistent with local needs.
Waivers from the Town of Dennis Zoning Bylaw
1. Section 2.3 Intensity Regulations:
1. A waiver from the 15 foot side yard setback requirement for a dwelling unit. As proposed Unit 28 is located 9’+/- from the side property line.
2. A waiver from the 25 foot side yard setback requirement for a dwelling unit-2. As proposed duplex units 8 & 9, Units 10&11, and Units 21&22 are located 16.3’+/-, 11.9’+/-, and 11.6’+/-, respectively, from the nearest side property line.
3. A waiver from the 25 foot rear yard setback requirement for a dwelling unit-2. As proposed duplex unit 19&20 is located 11.5’ from the rear property line.
4. A waiver from the 15% Maximum Building Coverage (% of lot) from both the Dwelling Unit and Dwelling Unit-2 categories. As proposed the development results in 21.8% residential building site coverage.
Section 2.3.3 Supplementary Requirements:
18.104.22.168(a)- A waiver is required from this section. More than 2 principal structures are proposed and the dwellings are located closer than 30 feet.
Section 3 – General Regulations:
3.1 Off Street Parking and Loading Requirements
To the extent necessary, where the closure of a site driveway has been required by the Dennis Board of Selectmen, and that results in the need to reconfigure commercial site parking, the Board waives the requirements of Section 22.214.171.124 restricting parking within twenty (20) feet of a street line and ten (10) feet from a side or rear property line. And, to the extent necessary, waives the prohibition on parking areas containing more than two (2) spaces in the front yard in an LB district.
126.96.36.199 d, To the extent necessary, a waiver of the 20 foot vegetated buffer is granted as there are areas where the 20 foot buffer is not met.
Waivers from Dennis Stormwater Management Rules and Regulations
Section 6: Stormwater Management Performance Standards
Section 6 A.1.d.
(1) Suitable nonstructural practices for source control and pollution prevention and implemented;
To the extent necessary the Board waives strict compliance Section 6A.1.d(1) as the proposed new development utilizes multiple structural and non-structural stormwater management BMP’s throughout the site.
Section 6 B.1.
Stormwater management measures shall be required to satisfy the minimum control requirements:
a. Infiltration, flow attenuation, and pollutant removal of runoff on-site to existing areas with grass, trees, and similar vegetation and through the use of open vegetated swales and depressions.
To the extent necessary the Board waives strict compliance with 6B.1.a. as open swales are not provided as a BMP at all locations.
Section 6 C.1.d.(3)
Infiltration systems shall: be constructed with a three foot minimum separation between the bottom of the structure and the seasonal high groundwater elevation, as defined by a certified soil evaluator. The proposed structures located in the area of redevelopment are located 2 feet above estimated seasonal high groundwater. Since this area is considered redevelopment, the required minimum standard for design per Section 6A.1.g. is that the design must “meet the Stormwater Management Standards to the maximum extent practicable.” “…Stormwater management systems must be designed to improve existing conditions.” Since the area where the proposed drainage systems are located less than 3 feet from estimated seasonal high groundwater, are located in the portion of the site that is redevelopment and the proposed design meets design criteria to the maximum extent practicable and provides an improvement over the existing conditions, a waiver from Section 6C.1.d.(3) does not appear to be necessary.
To the extent necessary the Board waives the three foot separation requirements of Section 6C.1.d.(3) for the redevelopment portion of the site.
Waivers from Board of Health Regulations
Board of Health Consumer Guideline
In the BOH’s Consumer Guideline section of its web site, the BOH posts a document entitled Definition of a Bedroom, which includes the provision:
With the conditions as noted, a waiver from “Bonus rooms shall be considered bedrooms”.