Dennis Affordable Housing Zoning Provisions Section 4.9 of the Dennis Zoning By-law Adopted September 18, 2001, Subsequently amended May 6, 2003, June 17, 2003 and October 18, 2005
The purpose of Section 4.9 is to further the goal of encouraging various lot sizes and housing types for persons of various age and income levels in accordance with Massachusetts General Laws, Chapter 40A, Section 9 which allows municipalities to adopt "incentive" ordinances for the creation of affordable year round housing, and for the purpose of: a.) helping people who, because of rising land prices, have been unable to obtain suitable housing at an affordable price and, b.) maintaining a stable economy by preventing out-migration of residents who provide essential services.
Dennis Affordable Housing Zoning Provisions Section 4.9 of the Dennis Zoning By-law
maximum of sixteen (16) dwelling units shall be allowed in any one building
Planning Board may reduce the off-street parking requirement
The tract of land to be developed shall provide for front, rear and side vegetated buffers of 25 feet
Where an applicant proposed to divide the tract of land the minimum lot size shall be 10,000 sf. The Planning Board may reduce the internal front and rear yard setback requirements provided that setbacks shall be no less than 10 feet.
The development must conform to all other requirements of the Zoning By-law.
For multi-family buildings a properly screened area must be provided for storage of trash and recyclable materials.
The second unit created, and every fourth unit created there-after shall be deed restricted as permanently affordable units, per the applicable standards in Section 4.9.4 below. In no case shall less than twenty-five percent of the units be affordable. All units created shall be for year-round housing.
549 Center Street: 12 single family housing units on a single parcel – 3 deed restricted to 80% of median income.
A municipally sponsored housing project may be allowed upon issuance of a special permit and may be afforded the following exceptions:
Normal density and setback requirements do not apply;
Minimum Area of the Tract to be Developed under Section 18.104.22.168.1 may be less than 2 ½ acres;
the maximum density of the Tract to be Developed may be greater than one bedroom per 10,000 sf of land area;
the front, rear and side vegetated buffers may be less than 25 feet; and
e. the minimum parking requirement may be less than 2 parking spaces per residential unit .
17 Summer Street – 8 units: 4 two-bedroom and 4 one-bedroom
MUNICIPALLY SPONSORED HOUSING PROJECTS All units created shall be deed restricted as permanently affordable. Fifty percent of the units be affordable to households earning between 65% and 80% of the median income and the remainder of the units shall be affordable for people earning no more than 120% of the area’s median income. All units created shall be for year-round housing 19 Elkanah Howland Road – 18 units 6 one bedroom units, 8 two bedroom units, 4 three bedroom units
MUNICIPALLY SPONSORED HOUSING PROJECTS Unit Production 49 Baxter Street 4 two bedroom units 2 Units at 120% of Median 2 Units at 80% of Median 4 Units For Sale 49 Baxter Street 5 Units at 120% of Median 5 Units at 80% of Median 10 units For Sale Ocean Pines 9 Units at 120% of Median 9 Units at 80% of Median 18 Units For Sale 19 Elkanah Howland Road 4 Units at 120% of Median 4 Units at 80% of Median 8 Units Rental 17 Summer Street 2 Units at 120% of Median 2 Units at 80% of Median 4 Units Rental Pitch Pine Corner
Ocean Pines Cottage Condominiums: Cottage Colony Conversion to 10 ownership year round residential units.
Affordable Housing Apartment The Planning Board may by special permit allow the creation of Affordable Housing Apartments in residential and commercial zoning districts. Affordable Housing Apartments created under this bylaw shall be accessory to either an existing residential use or an existing commercial use. Affordable Housing Apartments shall be considered an "accessory use" to the principal use on the lot and shall be restricted so that Affordable Housing Apartments are never divided from the principal structure. Any lot containing an Affordable Housing Apartment shall be subject to a recorded restriction that shall restrict the lot owner's ability to convey interest in the Affordable Housing Apartment except leasehold estates for the term of the restriction. 508 Main Street, West Dennis: Convert one commercial unit to one deed restricted apartment. Net result, 4 apartments now in pre-existing structure .
Affordable Housing Apartment An Affordable Housing Apartment must have the following minimum areas: studio 250 square feet one bedroom units 700 square feet two bedroom units 900 square feet three bedroom units 1,200 square feet four bedroom units 1,400 square feet 120 Lower County Road Convert former snack bar and two seasonal units to 3 apartments, one deed restricted affordable. Net result three apartments on site . 102 Lower County Road Convert interior office space to one deed restricted Two bedroom apartment. Net result 4 apartments on site.
General Requirements for all Affordable Housing Apartment Projects:
The Planning Board shall have the discretion to reduce the off-street parking requirements where (1) the number o units to be restricted exceeds 25%, and (2) the applicant demonstrates that the proposed parking is sufficient to address the parking needs of the Development.
A properly screened area must be provided for storage of trash and recyclable materials.
Only those basements with walk-out capabilities may be converted into living space
Garage parking stalls may be converted into living space only if the applicant can demonstrate an efficient and cost effective method for providing heat and other utilities to the unit to be created.
The second unit created, and every fourth unit created there-after shall be deed restricted as permanently affordable units. In no case shall less than twenty-five percent of the units be affordable. All units created shall be for year-round housing.
Additional Requirements for Apartments Accessory to Residential Use s:
An Affordable Housing Apartment accessory to an existing residential use may only be created on lots on which there already exists a Principal Residential Structure, and may only be created within such Principal Residential Structure, or within an existing accessory structure, as that term is defined under Section 5 of the Zoning By-law. The structure in which an Affordable Housing Apartment is proposed must have been in existence, whether by permit or in fact, for at least five years prior to the filing of the special permit application.
An Affordable Housing Apartment accessory to a residential use shall not be allowed on lots of less than 20,000 sf.
The footprint of a Principal Residential Structure may not be expanded in order to accommodate an Affordable Housing Apartment.
For the purposes of 22.214.171.124, one unit shall be owner occupied on a year-round basis, except for bona fide temporary absences during which the unit is not rented.
An Affordable Housing Apartment may be created by converting an existing accessory structure, or space within an existing Principal Commercial Structure, to a dwelling unit.
No accessory residential uses shall be allowed within the Industrial District.
Cobblestone Court: Convert 3 commercial units into four apartments with 1 of the apartments deed restricted. Net result, three apartments and 2 commercial units.
47 Route 134: New commercial construction with 8 one bedroom apartments above. Two units deed restricted affordable. 16 Telegraph Road: Convert vacant ground level storage space and empty upper Level area to 7 one bedroom apartments. Two units deed Restricted to 80% of median in perpetuity, 1 unit deed restricted To 50% of median for 20 years and 4 units deed restricted to 80% for 20 years. Net 2 ground level retail units and 7 apartments.
Affordable Housing Apartment Unit Production Net 4 rental units on site 1 Unit at 80% of Median 1 new unit Rental 102 Lower County Road Net 4 rental units and 1 commercial unit on site 2 Units at 80% of Median 4 new units Rental 1369 Route 134 Net 4 rental units and 2 commercial units on site 1 Units at 80% of Median 4 new units Rental Cobblestone Court Net 8 rental units and 9,900 sf of commercial on site 2 Units at 80% of Median 8 new units Rental 47 Route 134 Net 5 rental units 5 units at 80% of median 5 new units Rental 27 & 29 Mill Street Net 3 rental units 1 Unit at 80% of Median 3 new year round units Rental 120 Lower County Road Net 7 rental units and 2 commercial units on site 6 Units at 80% of Median and 1 at 50% of Median 7 new units Rental 16 Telegraph Road Net 4 rental units on site 1 Unit at 80% of Median 1 new unit Rental 508 Main Street
Affordable Housing Apartment Unit Production Net 4 units on site 1 deed restricted to 80% of median 1 new unit Rental 351 Lower County Road Net 2 units and 1 commercial unit on site 1 deed restricted to 80% of median 1 new unit Rental 321 Sea Street Net 8 units on site 1 deed restricted affordable to 80% of median 2 new units Rental 576 Route 28
1369 Route 134: Convert commercial space to four apartments. Two units deed restricted to 80% of median income. 27 & 29 Mill Street: Convert former church and rectory to five residential units. New units deed restricted to 80% of median income.
Additional Requirements for Conversion of Motels and Hotels (Amended June 17, 2003)
Affordable Housing Apartments may be created by converting an existing accessory structure, or space within and existing hotel or motel, into dwelling units.
Units created through conversions shall not be less than 250 square feet not including areas not intended for human habitation such as areas of the basement, attic or garage. In order to promote the mixture of housing units, the following standards shall apply:
No less than 25% of the units created must be classified as one bedroom units with a minimum floor area of 700 sf.
No more than 25% of the units created may have a minimum floor area of less than 400 sf.
Planning Board may require up to 10% of the units in a Hotel/Motel conversion be two-bedroom units, i.e. units with a minimum floor area of 900 sf.
No existing building shall be expanded in order to accommodate Affordable Housing Apartments
Cape Haven Efficiency Apartments: Eight cottages converted to year-round rental units. Two units deed restricted affordable to 80% of median income. Shifting Sands Condominiums: 24 unit motel converted to eight year- round condominium units. Town negotiated a fee in-lieu of units and received a $442,000 commitment towards affordable housing development.
South Cape Apartments: 24 unit motel conversion to 24 rental units, 12 deed restricted to 80% of median income.
Affordable Housing Apartment Conversion of Motels and Hotels Unit Production $442,000 fee in-lieu of units committed to affordable housing 8 condos For Sale Shifting Sands Condominiums 2 Units at 80% of Median 8 apartments Rental Cape Haven Efficiency Apartments Increase in affordability requirement to off-set parking shortage 12 Units at 80% of Median 24 apartments Rental South Cape Apartments
“ AFFORDABLE” LOTS” Lots of record as of the June 17, 2003 which do not satisfy minimum lot size requirements and which are not protected as nonconforming lots by law because they are in common ownership with adjoining lots may nevertheless be built upon by Special Permit from the Planning Board under the following conditions:
Each lot contains at least 10,000 square feet of land area and satisfies other applicable Board of Health requirements. Except that no lot located within a Zone II Water Recharge Area shall be built upon.
Each lot has safe and adequate access to a public or private way.
Each lot is similar in nature, i.e. size and shape to the lots immediately adjacent to and across the street from the lot to be separated.
Each lot may not be used for a structure larger than three bedrooms, and there must be a minimum of 5,000 square feet of land area for each bedroom.
The applicable front, side and rear setbacks shall be determined by establishing an average setback based upon the principal structures on the lots immediately adjacent to and across the street from the lot to be built upon as a separate lot.
Where two lots are held in common ownership, one of the two lots shall be deed restricted as permanently affordable.
Where more than two lots are held in common ownership, the second, third and fifty percent of the remaining lots to be built upon under the special permit shall be deed restricted as permanently affordable (i.e. the fourth lot may be market rate, fifth shall be affordable, sixth market rate etc),.
This section shall not prevent a lot owner from building a house on such lot and from transferring the lot to an income eligible immediate family member (sibling, parent or child) by gift or inheritance, provided that the restriction required by this subsection is properly recorded prior to issuance of a building permit provided that the lot owner (or immediate family member) owned the lot as of October 18, 2005.
16 Riverdale North: 2 bedroom rental home created by a private investor. Deed restricted to 80% of median income.
At least 25% of the housing units created under must be permanently deed restricted affordable, (cost (including heat, but not other utilities) not to exceed 30% of the annual income of a household earning 80% of the Barnstable County median income, and shall be rented or sold to households earning at or below 80% of the Barnstable County median income.)
The new by-law creates a mixed use residential and commercial neighborhood that fits with the Cape’s traditional architectural character. The revitalized village center would complement and enhance the surrounding community
View 1- Existing Conditions This is Dennisport currently looking east down Route 28.
View 1- 42’ Height, 3 Story This is what Dennisport could look like with residential units above retail stores.
View 2- Existing Conditions This is Dennisport currently looking west down Route 28. View 2- 42’ Height This is what Dennisport could look like.
KEY HOUSING COMPONENTS OF DENNISPORT VILLAGE CENTER BY-LAW The addition of a single housing unit, which would allow for only that one housing unit, in a structure of less than 2,500 square feet….is allowed by right. The Base Residential density of the Dennisport Village Center shall be 1 unit per 40,000 sf of land area or pre-existing lot of record unless an increase of density is granted by a Special Permit for the creation of mixed income housing opportunities if a minimum of 25% of the total number of dwellings are affordable restricted per the requirements of Section 4.9.4 of this Zoning By-law. All requests for commercial development of over 2,500 sf, other than the re-use of floor space in existence on April 5, 2004, shall include residential development within the district at the minimum rate of one new dwelling per 5,000 square feet of commercial space. For partial units, less than 0.5 of a unit rounds down to the next lower whole number of units and 0.5 of a unit or greater rounds up to the next higher whole number of units.
Fee In-Lieu of Units zoning amendment to allow the Planning Board to accept fees when particular circumstances may warrant off-site housing. Wording may look like: For the purposes of this bylaw the fee-in-lieu of the construction or provision of affordable units will be determined as a per-unit cost as calculated as the difference between the the higher of 50% of the average targeted sale price of the units in the development or the average new home sale price for the most recent available twelve (12) month period and the appropriate affordable sales price in the proposed project
New Hotel Resort District which will include some combination of employee housing requirements or payment of a fee in-lieu-of units.
New Cultural Arts District which will include allowance for the creation of employee housing, fee in-lieu-of units, and “artist” oriented housing opportunities
Potential 40R District over 12 acres of land adjacent to Dennisport Village Center.
Occupied Local Initiative Units to be added 40 units or 0.49%
Approved Not Occupied Units to be added 19 units or 0.24%
Pending Approval 4 units or 0.04%
Total Affordable Units Added Since 9-28-2001 by Ch. 40B – 0
Total Affordable Units Added Since 9-28-2001 by Local By-law - 59
IMPORTANT THINGS TO REMEMBER Be creative Involve the public Identify your needs Identify your resources Take Control Work Together
AFFORDABLE HOUSING UNITS APPROVED AND NOT IN STATE LIST Name Approved Total Units Affordable Units Type Status Dennis West Motel Conversion 2002 24 12 Rental Occupied 508 Main Street 2002 1 1 Rental Occupied 73 Lower County Road 2003 8 2 Rental Occupied 16 Telegraph Road 2003 7 2 permanently affordable and 5 restricted for 20 years Rental Occupied 163 Upper County Road 2003 4 2 at 80% and 2 at 120% of median Rental Occupied 321 Main Street 2003 10 5 at 80% and 5 at 120% of median Ownership Occupied 120 Lower County Road 2003 3 1 Rental Occupied 351 Lower County Road 2007 1 1 at 80% of median Rental 1 two-bedroom unit Occupied
Name Approved Total Units Affordable Units Type Status 321 Sea Street 2007 1 1 Rental Approved 576 Route 28 2007 2 1 at 80% Rental 1 studio unit 47 Route 134 2004 8 2 Rental Under Construction Cobblestone Court, Rte 134 Approved February 2007 4 1 Rental 1 two bedroom deed restricted 1369 Route 134, East Dennis – Commercial Conversion Approved 4-3-2006 4 2 at 80% Rental 19/21 Elkannah Howland Road, South Dennis Approved 3-20-2006 Appealed 18 9 at 80% of median income and 9 at 120% of median income For Sale Supported by Housing Partnership and Board of Selectmen 102 Lower County Road Approved 4-3-2006 1 1 at 80% Rental 49 Baxter Street Approved 5-8-2006 4 2 at 80% of median and 2 at 120% of median For Sale Occupied
Not yet submitted 16 units 4 Unknown Preliminary Discussions Name Approved Total Units Affordable Units Type Status GC Construction Center Street 2007 12 3 For Sale Under Construction Keefe Project, Dennisport 27 & 29 Mill Street 2007 5 units 5 Rental Under Construction 17 Summer Street Under Review 8 units 4 at 80% and 4 at 120% of median Rental
OCCUPIED % TOTAL UNITS 78 80% RESTRICTION 35 (+ 5 for 15 years) 45% (51%) 120% RESTRICTION 9 12% APPROVED NOT OCCUPIED % TOTAL UNITS 45 80% RESTRICTION 23 52% 120% RESTRICTION 13 29%
PENDING % TOTAL UNITS 8 80% RESTRICTION 4 50% 120% RESTRICTION 4 50%