Dennis MA Zoning Act Amendments Presentation 3-15-2021

1. 2021 Zoning Act
Amendments
PART 1

2. What we will cover
• Simple Majority/Super Majority Town Meeting Action
• Accessory Dwelling Units
• “Eligible Locations” (Village Centers/Growth Districts)

3. What we will address later
• Cluster/Open Space Development
• Natural Resource Protection District
• Transfer of Development Rights
• Chapter 40R

4. Simple Majority/Super
Majority Town Meeting
Approval

8. Significance
• By-laws like Section 4.9 which allow increases in density of
housing can be adopted by simple majority at Town
Meeting.
• Village Center Districts like Dennis Port and West Dennis
could be adopted by simple majority.
• Economic Centers such as around Route 6/Route 134
Interchange could be adopted by simple majority.

9. Accessory Dwelling Units
MOSTLY ADOPTION STANDARDS

10. "Accessory dwelling unit", a self-contained housing unit,
inclusive of sleeping, cooking and sanitary facilities on the same
lot as a principal dwelling, subject to otherwise applicable
dimensional and parking requirements, that: (i) maintains a
separate entrance, either directly from the outside or through an
entry hall or corridor shared with the principal dwelling sufficient
to meet the requirements of the state building code for safe
egress; (ii) is not larger in floor area than 1/2 the floor area of
the principal dwelling or 900 square feet, whichever is smaller;
and (iii) is subject to such additional restrictions as may be
imposed by a municipality, including but not limited to additional
size restrictions, owner-occupancy requirements and
restrictions or prohibitions on short-term rental of accessory
dwelling units.

11. "As of right", development that may proceed under a
zoning ordinance or by-law without the need for a
special permit, variance, zoning amendment, waiver or
other discretionary zoning approval.

12. ADU Interpretation From Discussions
with DHCD
• Interpretation is everything, 351 cities and towns, 351 Building
Commissioners making interpretations.
• Connect the dots.
• An ADU in a primary structure on a property allowed by-right can be
adopted at Town Meeting by simple majority.
• “Primary structure” is not used, connect the dots…
• (i) “maintains a separate entrance, either directly from the outside or
through an entry hall or corridor shared with the principal dwelling”
• Principal dwelling used specifically to reference a dwelling unit, principal
dwelling is in the primary structure on a property.

13. ADU Interpretation From Discussions
with DHCD
• (ii) “is not larger in floor area than 1/2 the floor area of the principal
dwelling or 900 square feet, whichever is smaller;”
• INTERPRETATION DHCD believes this to be ½ the floor area of
the primary structure.
• Given use of “principal dwelling” in (i) when discussing entryway,
INTERPRETATION could be that this would equate to 1/3rd of the
floor area of the primary structure, i.e. ½ the size of dwelling #1.
• Conservative approach, adopt the verbiage in the statute, but
qualify that “1/2 the floor area of the principal dwelling equates to
no more than 1/3rd of the total floor space in the structure up to 900
sf.

14. ADU Interpretation From Discussions
with DHCD
• (iii) is subject to such additional restrictions as may be imposed by
a municipality, including but not limited to additional size
restrictions, owner-occupancy requirements and restrictions or
prohibitions on short-term rental of accessory dwelling units.
• DHCD notes, this allows you to require owner occupancy of one
unit, restrict short term rentals, and restrict the size of an ADU to
below the standards in (ii)

15. ADU Adoption
• ADU By-right in Primary Structure – Simple Majority
• ADU by Special Permit in Primary Structure – Super Majority
• ADU By-right in Accessory Building – Simple Majority
• ADU by Special Permit in Accessory Building – Simple Majority
• ADU with maximum floor area below 900 sf – Simple Majority
• ADU with maximum floor area above 900 sf – Super Majority

16. Eligible Locations

17. "Eligible locations", areas that by virtue of their infrastructure,
transportation access, existing underutilized facilities or location
make highly suitable locations for residential or mixed use smart
growth zoning districts or starter home zoning districts, including
without limitation: (i) areas near transit stations, including rapid
transit, commuter rail and bus and ferry terminals; or (ii) areas
of concentrated development, including town and city centers,
other existing commercial districts in cities and towns and
existing rural village districts.

18. (ii) areas of concentrated development, including town
and city centers, other existing commercial districts in
cities and towns and existing rural village districts.
• Areas in Dennis, existing or potential:
• Dennis Port Village Center
• West Dennis Village Center
• Route 6/Route 134 Interchange

19. "Mixed-use development", development containing a mix of
residential uses and non-residential uses, including, without
limitation, commercial, institutional, industrial or other
uses;
"Multi-family housing", a building with 3 or more residential
dwelling units or 2 or more buildings on the same lot with
more than 1 residential dwelling unit in each building.

20. Eligible Locations Allow
Simple Majority Town Meeting Adoption of:
1. Mixed Use and Multi-family Housing By-right zoning
2. Mixed Use and Multi-family Housing By Special Permit
Special Permit Granting Authority approval:
1. Of Mixed Use projects by simple majority
2. Of Multi-family projects by super majority

21. 2021 Zoning Act
Amendments
PART 2 COMING IN APRIL!