Chapter 40R Zoning Proposal

After significant re-organization and addition of many items required by DHCD to make the chapter 40R proposal stand as a unique section of our Zoning By-law, the latest version of the Chapter 40R proposal is found below. Updated September 26, 2011.

Section 13 Candlewood Lane Smart Growth Overlay District

13.1 Purpose.

The purpose of this section is to establish the Candlewood Lane Smart Growth Overlay District (CLSGOD), to encourage smart growth in accordance with the purposes of Chapter 40R.  The by-law sets forth the procedures and minimum requirements for development within the CLSGOD in accordance with Chapter 40R of the Massachusetts General Laws.  The purposes are to:

(1)  Promote public health, safety and welfare by encouraging a diversity of housing opportunities;

(2)  Increase the availability of affordable housing by creating a range of housing choices for households of all incomes, ages and sizes and to meet existing and anticipated housing needs;

(3)  Provide a housing type that responds to changing household sizes and ages (e.g., retirees, small families, single-person households);

(4)  Provide opportunities for ownership of small, detached dwelling units within a single-family neighborhood;

(5)  Encourage creation of more usable open space for residents of the development through flexibility in density and lot standards;

(6)  Support the growth management goal of more efficient use of residential land;

(7)  Promote housing development located in close proximity to existing village services; and

(8)  Provide guidelines to ensure compatibility with surrounding land uses.

13.2  Definitions.  For purposes of this section only, the following definitions shall apply.  To the extent that there is any conflict between the definitions set forth in this section and the 40R Enabling Laws, the terms of the 40R Enabling Laws shall govern.

Administering Agency – the Dennis Planning Board (Board), unless the Board designates an affordable housing trust or other qualified housing entity, pursuant to Section 13.6.2, to review and implement the affordability requirements affecting proposed projects under Section 13.6.0.

Affordable Homeownership Unit – a unit of Affordable Housing required to be sold to an Eligible Household.

Affordable Housing – one or more housing units affordable to and occupied by Eligible Households.

Affordable Housing Restriction – a deed restriction affecting one or more units of Affordable Housing that meets the requirements set forth in Massachusetts General Laws, Chapter 184, Section 31 and the requirements of Section 13.6.5 of this by-law.

Affordable Rental Unit – a unit of Affordable Housing required to be rented to an Eligible Household.

Applicant – any person or entity having a legal or equitable interest in a Proposed Project subject to the provision of this by-law, or the authorized agent of any such person or entity.

As-of-right – a use allowed under Section 13.5.0 without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A Project that requires Plan Approval by the PAA pursuant to Sections 13.9.0 through 13.13.0 shall be considered an as-of-right Project.

Board – the Dennis Planning Board.

Department or DHCD – the Massachusetts Department of Housing and Community Development.

Design Standards – means provisions of Section 13.13.0 or design standard provisions of the PAA Regulations, made applicable to Projects within the SGOD that are subject to the Plan Approval process.

Developable Land– the area within the Candlewood Lane SGOD that feasibly can be developed into a residential development determined in accordance with regulations of DHCD. Developable Land shall not include: (a) land area that is already substantially developed, including existing parks and dedicated, perpetual open space within such substantially developed portion; (b) open space designated by the Town as provided in Section 6 of Chapter 40R; or (c) areas not suitable for development because of topographic features or for environmental reasons, such as wetlands. Developable Land shall include the land area occupied by or associated with underutilized residential, commercial, industrial, or institutional facilities or buildings or uses that have the potential to be recycled or converted into, or re-used for, residential developments as determined in accordance with regulations of DHCD.

Eligible Household – an individual or household with an annual income less than eighty percent (80%) of the area-wide median income as determined by HUD, adjusted for household size, with income computed using HUD’s rules for attribution of income to assets.

Enabling Laws – G.L. Chapter 40R and 760 CMR 59.00.

HUD – the United States Department of Housing and Urban Development or any successor agency.

Plan Approval – standards and procedures which all Projects in the SGOD must meet pursuant to Sections 13.9.0 through 13.13.0 and the Enabling Laws.

Plan Approval Authority (PAA) – The Dennis Planning Board is the local approval authority authorized under Section 13.9.2 to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the SGOD.

Project – a Residential Project undertaken within the SGOD in accordance with the requirements of this Sections 13.9 -13.13 of this by-law.

Proposed Project – a residential development undertaken within the Candlewood Lane SGOD in accordance with the requirements of the zoning.

Smart Growth Development Plan – a plan setting forth the proposed area, location and appearance of structures, open space and landscaping for a Proposed Project(s) within the Candlewood Lane SGOD, including proposed uses, densities, number and configuration of Affordable Housing units, dimensions, parking, loading, and traffic circulation.

SGOD – the Smart Growth Overlay District established in accordance with this Section 13.13.

Underlying Zoning – the zoning regulations that are otherwise applicable to the geographic area in which the Candlewood Lane SGOD is located.

Zoning Bylaw – the Zoning Bylaw of the Town of Dennis.

13.3 Overlay District

13.3.1 Establishment.  The Candlewood Lane Smart Growth Overlay District (CLSGOD) is a special purpose overlay district that is superimposed over the Underlying Zoning districts.  The Candlewood Lane SGOD is an overlay district having a land area of approximately seven and four-tenths (7.4) acres abuttingUpper County Road andCandlewood Lane in Dennisport.  The boundaries of the Candlewood Lane SGOD are shown on the Dennis Zoning Map and map inset 13-1 datedSeptember 15, 2011.  This map is hereby made a part of the Zoning By-law and is on file in the Office of the Dennis Town Clerk.

13.4.  Applicability of SGOD.

13.4.1 Applicability of SGOD  An applicant may seek development of a Project located within the SGOD in accordance with the provisions of the Enabling Laws and this Section 13, including a request for Plan Approval by the PAA, if necessary. In such case, notwithstanding anything to the contrary in the Zoning Bylaw, such application shall not be subject to any other provisions of the Zoning Bylaw, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations.

13.4.2 Underlying Zoning. The SGOD is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force, except for those Projects undergoing development pursuant to this Section 13. Within the boundaries of the SGOD, a developer may elect either to develop a Project in accordance with the requirements of the Smart Growth Zoning, or to develop a project in accordance with requirements of the regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s).

13.4.3 Administration, Enforcement, and Appeals. The provisions of this Section 13 shall be administered by the Building Commissioner, except as otherwise provided herein. Any legal appeal arising out of a Plan Approval decision by the PAA under Sections 13.9 through 13.13 shall be governed by the applicable provisions of G. L. Chapter 40R. Any other request for enforcement or appeal arising under this Section 13 shall be governed by the applicable provisions of G. L. Chapter 40A.

13.5. PERMITTED USES

The following uses are permitted as-of-right for Projects within the SGOD.

13.5.1 Residential Projects. A Residential Project within the SGOD may include:

a) Single-family Residential Uses;

b) Parking accessory to any of the above permitted uses; and

c) Accessory uses customarily incidental to any of the above permitted uses.

d) Telecommunications facilities subject to the requirements of Section 7 of this by-law.

13.6. HOUSING AND HOUSING AFFORDABILITY

13.6.1 Number of Affordable Housing Units. For all Projects, not less than twenty-five percent (25%) of housing units constructed shall be Affordable Housing. For purposes of calculating the number of units of Affordable Housing required within a Project, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.

13.6.2 Administering Agency. An administering agency which may be the local housing authority or other qualified housing entity (the “Administering Agency”) shall be designated by the PAA, chief executive, or other designated municipal official (the “designating official”). In a case where the Administering Agency cannot adequately carry out its administrative duties, upon certification of this fact by the designating official or by DHCD such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the designating official or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such Administering Agency shall ensure the following, both prior to issuance of a Building Permit for a Project within the SGOD, and on a continuing basis thereafter, as the case may be:

1. prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed;

2. income eligibility of households applying for Affordable Housing is properly and reliably determined;

3. the housing marketing and resident selection plan conform to all requirements and are properly administered;

4. sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and

5. Affordable Housing Restrictions meeting the requirements of this section are recorded with the proper registry of deeds.

13.6.3 Submission Requirements. As part of any application for Plan Approval for a Project within the SGOD submitted under Sections 13.9.0 through 13.13.0 (or, for Projects not requiring Plan Approval, prior to submission of any application for a Building Permit), the Applicant must submit the following documents to the PAA and the Administering Agency:

1) evidence that the Project complies with the cost and eligibility requirements of Section 13.6.4:

2) Project plans that demonstrate compliance with the requirements of this Section 13.6.3 and Section 13.6.5; and

3) a form of Affordable Housing Restriction that satisfies the requirements of Section 13.6.6.

These documents in combination, to be submitted with an application for Plan Approval (or, for Projects not requiring Plan Approval, prior to submission of any application for a Building Permit), shall include details about construction related to the provision, within the development, of units that are accessible to the disabled.

13.6.4 Cost and Eligibility Requirements. Affordable Housing shall comply with the following requirements:

1. Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households. If approved by DHCD, preference will be given to residents and workers in the Town of Dennis.

2. For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply.

3. For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner’s association fees, insurance, and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one.

Prior to the granting of any Building Permit or Plan Approval for a Project, the Applicant must demonstrate, to the satisfaction of the Administering Agency, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town of Dennis.

13.6.5 Design and Construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be dispersed throughout the Project of which they are part and be comparable in initial construction quality and exterior design to the other housing units in the Project. The total number of bedrooms in the Affordable Housing shall, insofar as practicable, be proportionate to the total number of bedrooms in all units in the Project of which the Affordable Housing is part.

13.6.6 Affordable Housing Restriction. Each Project shall be subject to an Affordable Housing Restriction which is recorded with the appropriate registry of deeds or district registry of the Land Court and which contains the following:

1. specification of the term of the affordable housing restriction which shall reflect that the affordable unit shall be maintained as affordable in perpetuity due to the special zoning relief provided for the site under Chapter 40R;

2. the name and address of the Administering Agency with a designation of its power to monitor and enforce the affordable housing restriction;

3. a description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Project or portion of a Project which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Project or the rental portion of a Project without specific unit identification.

4. reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for preferences in resident selection to the extent consistent with applicable law; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such Unit shall be given to a household of the appropriate size;

5. a requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan;

6. reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership will be set;

7. designation of the priority of the Affordable Housing Restriction over other mortgages and restrictions, provided that a first mortgage of a Homeownership Housing Unit to a commercial lender in an amount less than maximum resale price may have priority over the Affordable Housing Restriction if required by then current practice of commercial mortgage lenders;

8. a requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease of any Affordable Rental Unit shall be given to the Administering Agency;

9. provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the Administering Agency;

10. provision that the restriction on an Affordable Homeownership Unit shall run in favor of the Administering Agency and/or the municipality, in a form approved by municipal counsel and DHCD, and shall limit initial sale and re-sale to and occupancy by an Eligible Household;

11. provision that the restriction on Affordable Rental Units in a rental Project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Administering Agency and/or the municipality, in a form approved by municipal counsel, and shall limit rental and occupancy to an Eligible Household;

12. provision that the owner[s] or manager[s] of Affordable Rental Unit[s] shall file an annual report to the Administering Agency, in a form specified by that agency certifying compliance with the Affordability provisions of this Bylaw and containing such other information as may be reasonably requested in order to ensure affordability; and

13. a requirement that residents in Affordable Housing provide such information as the Administering Agency may reasonably request in order to ensure affordability.

13.6.7 Costs of Housing Marketing and Selection Plan. The housing marketing and selection plan may make provision for payment by the Project applicant of reasonable costs to the Administering Agency to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements. Such payment shall not exceed one-half (1/2%) percent of the amount of rents of Affordable Rental Units (payable annually) or one (1%) percent of the sale or resale prices of  Affordable Homeownership Units (payable upon each such sale or resale), as applicable.

13.6.8 Age Restrictions. Nothing in this Section 13 shall permit the imposition of restrictions on age upon all Projects throughout the entire SGOD. However, the Administering Agency may, in its review of a submission under Section 13.6.3, allow a specific Project within the SGOD designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable fair housing laws and not less than twenty-five percent (25%) of the housing units in such a restricted Project shall be restricted as Affordable units. Any Project which includes age restricted residential units shall comply with applicable federal, state and local fair housing laws and regulations.

13.6.9 Phasing. For any Project that is approved and developed in phases in accordance with Section 13.9.4, the proportion of Affordable Housing Units (and the proportion of Existing Zoned Units to Bonus Units as defined in 760 CMR 59.04 1(h)) shall be consistent across all phases.

13.6.10  Affordability Requirements

Affordable units shall be representative of the overall mix of housing units within the development site, there-by requiring that 25% of the one, two and three bedroom units within the development be deed restricted affordable.  Where fractional units occur, the Planning Board, in cooperation with the applicant, shall determine how to assign the affordable units to particular bedroom sizes.

13.6.11 No Waiver. Notwithstanding anything to the contrary herein, the Affordability provisions in this Section 13.6.0 shall not be waived.

13.7. DIMENSIONAL AND DENSITY REQUIREMENTS

13.7.1 Table of Requirements. Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional requirements applicable in the SGOD are as follows:

13.7.1.1  Density, Lot Coverage, Height, and Setback Requirements.

13.7.1.1.1  Intent. The site requirements chart establishes the basic dimensional requirements for the Candlewood Lane SGOD. Development standards are intended to define design parameters of the SGOD to achieve compatibility with adjacent single-family residential uses.

13.7.1.1.2  Requirements – Candlewood Lane SGOD Site Requirements Chart.

Site Requirement
Density Requirements Eight units per acre of upland area
Minimum Lot Frontage (in feet) 100′ 1
Setbacks for All Structures from Adjacent Property Lines Along the Perimeter of the Site (except front or any public street setback) 15′
Front or any Street Setback 25′
Minimum Distance Between Structures (including accessory structures, patios and decks)2 15′
Maximum Lot Coverage for Structures (includes walkways, patios and decks) 40 percent
Maximum Impervious Surface Area (includes walkways, patios, decks and parking) 60 percent
Minimum Open Space (includes public and private spaces) 40 percent
Maximum Height for SGOD and Accessory Structures 18′
Maximum Height for SGOD with Minimum Roof Slope of6:123 25′

1  Except that the Planning Board may consider a site with a lesser frontage, but not less than 50’, provided they determine that adequate access to the site exists or can be provided through site design elements.

2   Except standard architectural projections up to a maximum of 18 inches in depth and six feet in width, and eaves up to 1.5 feet.

3   All parts of the roof above 18 feet shall be pitched. The maximum height of any portion of the roof, except chimneys or cupolas, shall not exceed 25 feet anywhere on the site.

13.8. PARKING REQUIREMENTS

The parking requirements applicable for Projects within the SGOD are as follows.

13.8.1 Number of parking spaces. Unless otherwise approved by the PAA, the following minimum number of off-street parking spaces shall be provided:

1.5 parking spaces per residential unit.

The PAA may allow for a decrease in the required parking as provided in Sections 13.8.2 and 13.8.3 below.

13.8.2 Shared Parking. Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted above that occur at different times of day is strongly encouraged. Minimum parking requirements above may be reduced by the PAA through the Plan Approval process, if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g. the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies).

13.8.3 Reduction in parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced by the PAA through the Plan Approval process, if the applicant can demonstrate that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits, taking into consideration:

a) the availability of surplus off street parking in the vicinity of the use being served and/or the proximity of a bus stop or transit station;

b) the availability of public or commercial parking facilities in the vicinity of the use being served;

c) shared use of off street parking spaces serving other uses having peak user demands at different times;

d) age or other occupancy restrictions which are likely to result in a lower level of auto usage;

e) impact of the parking requirement on the physical environment of the affected lot or the adjacent lots including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing dwelling units, or loss of pedestrian amenities along public ways; and

f) such other factors as may be considered by the PAA.

13.8.4 Location of Parking. Any surface parking lot shall, to the maximum extent feasible, be located at the rear or side of a building, relative to any principal street, public open space, or pedestrian way.

13.9. PLAN APPROVAL OF PROJECTS: GENERAL PROVISIONS

13.9.1 Plan Approval. All Applications for development under Section 13 Candlewood Lane Smart Growth Overlay District Plan Approval shall be reviewed by the PAA for consistency with the purpose and intent of Sections 13.9 through 13.13. Such Plan Approval process shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws.

13.9.2 Plan Approval Authority (PAA). The Dennis Planning Board, consistent with G.L. Chapter 40R and 760 CMR 59.00, shall be the Plan Approval Authority (the “PAA”), and it is authorized to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the SGOD.

13.9.3 PAA Regulations. The Plan Approval Authority may adopt administrative rules and regulations relative to Plan Approval. Such rules and regulations must be approved by the Department of Housing and Community Development

13.9.4 Project Phasing. An Applicant may propose, in a Plan Approval submission, that a Project be developed in phases, provided that the submission shows the full buildout of the Project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of Section 13.6.9.

13.10. PLAN APPROVAL PROCEDURES

13.10.1 Preapplication. Prior to the submittal of a Plan Approval submission, a “Concept Plan” may be submitted to help guide the development of the definitive submission for Project buildout and individual elements thereof. Such Concept Plan should reflect the following:

1. Overall building envelope areas;

2. Open space and natural resource areas; and

3. General site improvements, groupings of buildings, and proposed land uses.

The Concept Plan is intended to be used as a tool for both the applicant and the PAA to ensure that the proposed Project design will be consistent with the Design Standards and other requirements of the SGOD.

13.10.2 Required Submittals. An application for Plan Approval shall be submitted to thePAA on the form provided by the PAA, [along with application fee(s)] which shall be as set forth in the PAA Regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA Regulations. For any Project that is subject to the Affordability requirements of Section 13.6.0, the application shall be accompanied by all materials required under Section 13.6.3. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of [one inch equals forty feet (1”=40’) or larger], or at a scale as approved in advance by the PAA.

13.10.3 Filing. An applicant for Plan Approval shall file the required number of copies of the application form and the other required submittals as set forth in thePAA Regulations with the Dennis Town Clerk and a copy of the application including the date of filing certified by the Town Clerk shall be filed forthwith with the PAA.

13.10.4 Circulation to Other Boards. Upon receipt of the Application, the PAA shall immediately provide a copy of the application materials to the Select Board, Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works, Town Engineer, the Administering Agency (for any Project subject to the Affordability requirements of Section 13.6.0), and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.

13.10.5 Plan Requirements

13.10.5.1  The applicant shall provide the following materials in advance of the Site Plan Review Public Hearing:

(i)  Twenty copies of a site plan of the existing conditions and proposed development, indicating property lines, setbacks, and lot coverage calculations. The site plan shall also include the location of all adjacent structures and distance to the property lines, and the footprint of any existing structures on the property.

(ii)  Twenty copies of architectural drawings of the proposed dwellings, including building footprints, building elevations, and roof plans.

(iii)  A description of how the proposed development is consistent with the character of the neighborhood.

(iv)  General information about the site including the number of dwelling units allowed by the zone and the number of proposed dwelling units, open space allowed and proposed, impervious surface allowed and proposed, building height allowed and proposed.

(v)  Photographs of the subject and adjacent properties keyed to the site plan.

(vi)  Additional information as required by the application forms provided by the Town.

(vii) A conceptual site plan, including building footprint(s), demonstrating the type of development that would likely occur if the site were developed under the Town’s underlying zoning and design standards for the site.

13.10.5.2  The applicant shall provide notification of the meeting by mail to property owners within 300 feet of the proposal.

13.10.6 Hearing. The PAA shall hold a public hearing for which notice has been given as provided in Section 11 of G.L. Chapter 40A. The decision of the PAA shall be made, and a written notice of the decision filed with the Town Clerk, within 120 days of the receipt of the application by the Town Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the Town Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the Plan Approval application.

13.10.7 Peer Review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the Plan Approval application, pursuant to G.L. Chapter 40R, Section 11(a). Such fees shall be held by the Town in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith.

13.11. PLAN APPROVAL DECISIONS

13.11.1 Plan Approval. Plan Approval shall be granted where the PAA finds that:

1. the applicant has submitted the required fees and information as set forth in the PAA Regulations; and

2. the Project as described in the application meets all of the requirements and standards set forth in this Section 13 and the PAA Regulations, or a waiver has been granted therefrom; and

3. any extraordinary adverse potential impacts of the Project on nearby properties have been adequately mitigated.

For a Project subject to the Affordability requirements of Section 13.6.0, compliance with condition (2) above shall include written confirmation by the Administering Agency that all requirements of that Section have been satisfied. The PAA may attach conditions to the Plan Approval decision that are necessary to ensure substantial compliance with this Section 13, or to mitigate any extraordinary adverse potential impacts of the Project on nearby properties.

13.11.2 Plan Disapproval. A Plan Approval application may be disapproved only where the PAA finds that:

1. the applicant has not submitted the required fees and information as set forth in the Regulations; or

2. the Project as described in the application does not meet all of the requirements and standards set forth in this Section 13 and the PAA Regulations, or that a requested waiver therefrom has not been granted; or

3. it is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions.

13.11.3 Waivers. Upon the request of the Applicant, the Plan Approval Authority may waive dimensional and other requirements of Section 13, including the Design Standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SGOD, or if it finds that such waiver will allow the Project to achieve the density, Affordability, mix of uses, and/or physical character allowable under this Section 13.

13.11.4 Project Phasing. The PAA, as a condition of any Plan Approval, may allow a Project to be phased at the request of the Applicant, or it may require a Project to be phased for the purpose of coordinating its development with the construction of Planned Infrastructure Improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the proportion of Affordable to market rate units shall be consistent across all phases, and the proportion of Existing Zoned Units to Bonus Units (as those terms are defined under 760 CMR 59.00) shall be consistent across all phases.

13.11.5 Form of Decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the PAA.  If twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. If a plan is approved by reason of the failure of the PAA to timely act, the Town Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner’s certificate of title. The fee for recording or registering shall be paid by the applicant.

13.11.6 Validity of Decision. A Plan Approval shall remain valid and shall run with the land indefinitely, provided that construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall also be extended if the Project proponent is actively pursuing other required permits for the Project or there is other good cause for the failure to commence construction, or as may be provided in a Plan Approval for a multi-phase Project.

13.12. CHANGE IN PLANS AFTER APPROVAL BY PAA

13.12.1 Minor Change. After Plan Approval, an applicant may apply to make minor changes in a Project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. ThePAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the Town Clerk.

13.12.2 Major Change. Those changes deemed by the PAA to constitute a major change in a Project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to Sections 13.9.0 – through 13.13.0.

13.13. DESIGN STANDARDS

13.13.1 Adoption of Design Standards. Any Project undergoing the Plan Approval process shall be subject to design standards as set forth below in this Section 13.13.0 (“Design Standards”).

13.13.2 Purpose. The Design Standards are adopted to ensure that the physical character of Projects within the SGOD:

1) will be complementary to nearby buildings and structures;

2) will be consistent with the Comprehensive Housing Plan, an applicable master plan, an area specific plan, or any other plan document adopted by the Town; and

3) will provide for high-density quality development consistent with the character of building types, streetscapes, and other community features traditionally found in densely settled areas of the Town or in the region of the Town.

13.13.3  Candlewood Lane SGOD Floor Area.

(a)  Intent.

(i)  Scale of Development. To ensure that the overall size, including bulk and mass of the Candlewood Lane Smart Growth Overlay District, remain smaller and incur less visual impact than standard-sized single-family dwellings, particularly given the allowed intensity of the SGOD projects.

(ii)  Variety. To provide variety in SGOD projects through a mixture of building sizes and building footprints.

(b)  Requirements.

(i)  The total floor area of each unit shall not exceed either 1.5 times the area of the main floor or 1,200 square feet, whichever is less.

(ii)  Dwelling unit areas that do not count toward the total floor area calculation are:

(A)  Unheated storage space located under the main floor of the dwelling unit.

(B)  Architectural projections, such as bay windows, fireplaces or utility closets not greater than 18 inches in depth or six feet in width.

(C)  Attached roofed porches.

(D)  Detached garages or carports.

(E)  Spaces with a ceiling height of six feet or less measured to the exterior walls, such as in a second floor area under the slope of the roof.

(F)  A single, attached storage area not to exceed thirty-six (36) square feet) per dwelling unit.

(G)  The Planning Board may approve other exemptions similar in nature provided the intent of this section is met.

(iii)  The maximum main floor area for a dwelling unit is 800 square feet. For the purposes of this calculation, the area of interior stairway may be allocated between floors served.

(iv)  A minimum of 40 percent of the dwelling units and not more than 50 percent shall have main floors of 700 square feet or less. For example: in a five dwelling unit development, two of the units would need to have main floors of 700 square feet or less and the other three units could have main floors of up to 800 square feet. For fractional numbers 0.5 and above, round up; below 0.5, round down.

(v)  The total square foot area of an Candlewood Lane SGOD dwelling unit may not be increased once a development plan has been approved or approved with conditions. A note shall be placed on the title to the property for the purpose of notifying future property owners that any increase in the total square footage of a dwelling unit is prohibited for the life of the dwelling unit or duration of the Candlewood Lane SGOD regulations.

13.13.4  Required Minimum Open Space.

(a)  Intent. The minimum open space requirements are intended to provide a sense of openness and visual relief in SGOD developments. Common open space shall provide a centrally located focal area for the SGOD development. The common area shall be outside of wet storm water ponds, wetlands, streams, lakes, and sensitive area buffers and shall be located on slopes of 10 percent or less and developed and maintained so it is usable for active or passive recreation activities. Private open space shall provide for a private area around the individual dwellings to enable diversity in landscape design.

(b)  Requirements.

(i)  Common open space shall:

(A)  Be a minimum of 400 square feet per dwelling.

(B)  Abut at least 50 percent of the cottages in a SGOD housing development.

(C)  Have dwellings abutting on at least two sides.

(ii)  Dwellings shall:

(A)  When possible be oriented around and have the main entry from the common open space.

(B) Be connected by sidewalks or paths with the common open space.

(iii)  Private open space shall:

(A)  Be a minimum of 300 square feet of private, contiguous, usable open space adjacent to each dwelling unit, for the exclusive use of the resident. It shall be oriented toward the common open space as much as possible, with no dimension less than 5 feet.

(B)  Additionally, dwellings shall have a roofed porch at least 80 square feet in size with a minimum dimension of eight feet on any side.

13.13.5  Site Screening.

(a)  Intent. To ensure that SODG housing developments do not create adverse visual impacts for residents of the development and adjacent properties, and to maintain a single-family character along public streets. This subsection sets out requirements and guidelines for minimizing potential impacts resulting from the parking structures and other storage and waste facilities.

(b)  Parking Requirements. Parking shall be:

(i)  Located on the SGOD housing development property.

(ii)  Screened from public streets and adjacent residential uses by landscaping or architectural screening.

(iii)  Located in clusters that are spread through-out the site.

(iv)  Prohibited in the front yard setback area.

(v)  Prohibited within 25 feet of a public street.

(vi)  Allowed between or adjacent to structures only when it is located toward the rear of the principal structure and is served by an alley or private driveway.

(vii)  A pitched roof design is required for all parking structures.

(viii) The Planning Board may approve other methods provided the intent of this section is met.

(c)  Screening Requirements.

(i)  Boundaries between SGOD project sites and neighboring properties shall be screened with landscaping to reduce the appearance of bulk or intrusion onto adjacent properties, or otherwise treated (e.g., through setbacks or architectural techniques) to meet the intent of this section.

(ii)  Common waste and other storage receptacles shall not be placed in the front yard setback area.

(iii)  Common waste and other storage receptacles shall be architecturally screened and/or screened with landscaping so as to mask their appearance to residents, adjacent properties, and the public right-of-way.

13.13.6  Community Buildings. An SGOD development may contain community building(s) that are clearly incidental in use or size and related to the dwelling units. Such community buildings shall be located on the same site as the housing development and be commonly owned by the residents.

13.14. SEVERABILITY.

If any provision of this Section 13 is found to be invalid by a court of competent jurisdiction, the remainder of Section 13 shall not be affected but shall remain in full force. The invalidity of any provision of this Section 13 shall not affect the validity of the remainder of the Town’s Zoning Bylaw.

5 thoughts on “Chapter 40R Zoning Proposal

  1. Pingback: Innovative Residential Housing Development/Chapter 40R Proposal Updated « Town of Dennis, MA Planning Dept. Weblog

  2. Pingback: Chapter 40R Update « Town of Dennis, MA Planning Dept. Weblog

  3. Pingback: Whether for the Seasonal Resort Community District or The Future Chapter 40 R District « Town of Dennis, MA Planning Dept. Weblog

  4. Paula Bacon

    40 R is a good way to address housing needs. Infrastructure needs have to be considered when density is added. I am totally supportive of infrastructure followed by 40R smart growth development in village centers.

  5. Daniel Fortier Post author

    Paula, Chapter 40R comes with state funding that can help to pay for some infrastructure upgrades. In Dennis Port, we would be looking for the site to address its waste water issues, and use the funds for sidewalk and other improvements linking the site to the core of the village.

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