PROPOSED SEASONAL PROPOSED SEASONAL TOURIST ZONINGTOURIST ZONING

Presentation made June 3, 2010 to a meeting Presentation made June 3, 2010 to a meeting of Cottage and RV owners to initiate discussion of Cottage and RV owners to initiate discussion

of future zoning that accommodates cottage of future zoning that accommodates cottage colony and recreational vehicle parks in select colony and recreational vehicle parks in select

areas of Dennis.areas of Dennis.

Some HistorySome History

1893 USGS Map 1943 USGS Map

This part of Dennisport appears to have started to develop at some point between 1893 and 1943.

Tourist CampsTourist Camps

Just when the development began is debatable. In the 1930’s it would appear it was more of a campground. Town historians and local planning documents highlight the cottages as being a post-WWII phenomenon. Either way, the area has a long traditions to those whose families have been coming here for all these years.

Tents, Trailers and CottagesTents, Trailers and CottagesAs these photos illustrate, the area appears to have been pretty void of structures in the 1930’s. “America from the Great Depression to World War II: Photographs from the FSA-OWL 1935 – 1945″ Collection

Town Regulations, Planning Documents and Zoning Regulations all weave a complex set of controls that need to be understood, and will need to be addressed as we proceed.

In 1936 the Cape Cod Standard Times called on Cape Cod Communities to take action against tourist camps which it declared a blight on the region.

General By-lawsGeneral By-laws

May 7, 1937 Town Meeting Article 23 May 7, 1937 Town Meeting Article 23 establishes General By-law Chapter 164 first establishes General By-law Chapter 164 first Town of Dennis restrictions on Tourist Camps. Town of Dennis restrictions on Tourist Camps. Restrictions include:Restrictions include: Permit required from Board of SelectmenPermit required from Board of Selectmen Site plan required as part of permittingSite plan required as part of permitting ““Camp Sites” (units in the by-law) must provide 600 Camp Sites” (units in the by-law) must provide 600

sf of land area for each cabin, camper or tentsf of land area for each cabin, camper or tent Length of stay restricted to 90 days in any 6 monthsLength of stay restricted to 90 days in any 6 months

Selectmen Minutes illustrate site plans Selectmen Minutes illustrate site plans were filed, modifications ordered and were filed, modifications ordered and permits issued for these sites.permits issued for these sites.

No site plans remain in the bound records No site plans remain in the bound records of these meetings.of these meetings.

March 3, 1959 Town Meeting adopts March 3, 1959 Town Meeting adopts requirements for Trailer and Trailer Parks as requirements for Trailer and Trailer Parks as Chapter 169 of the Town General LawsChapter 169 of the Town General Laws

March 10, 1965 Town Meeting adopts March 10, 1965 Town Meeting adopts Article 65 amending Chapter 169 Article 65 amending Chapter 169 establishing a prohibition on new trailer establishing a prohibition on new trailer parks and expansions of existing trailer parks and expansions of existing trailer parks in Precinct 3 south of Route 28 parks in Precinct 3 south of Route 28 (Dennisport)(Dennisport)

March 5, 1963 Town of Dennis adopts March 5, 1963 Town of Dennis adopts General By-law Chapter 161 prohibiting the General By-law Chapter 161 prohibiting the creation of new tent oriented campgrounds. creation of new tent oriented campgrounds. Existing ones, then licensed by the Board Existing ones, then licensed by the Board of Health allowed to remain.of Health allowed to remain.

As the preceding illustrates, long As the preceding illustrates, long before the first Local before the first Local

Comprehensive Plan or Town-wide Comprehensive Plan or Town-wide Zoning By-law, the town sought to Zoning By-law, the town sought to regulate and restrict campgrounds regulate and restrict campgrounds

and recreation vehicle parks.and recreation vehicle parks.

ZONING HISTORYZONING HISTORY

Prior to 1973 (i.e. 1951 to November 15, Prior to 1973 (i.e. 1951 to November 15, 1973) – Unrestricted Area, Allowed all 1973) – Unrestricted Area, Allowed all Residential Uses that were Allowed in the Residential Uses that were Allowed in the Residential Zones and Any Business Residential Zones and Any Business Legal In the CommonwealthLegal In the Commonwealth

General By-law prohibitions and General By-law prohibitions and restrictions also remained on the books.restrictions also remained on the books.

1968 Local Plan, promote South Coast 1968 Local Plan, promote South Coast TourismTourism

1975 Local Plan, concentrate hotels in 1975 Local Plan, concentrate hotels in Resort Residential AreaResort Residential Area

2002 Local Plan, maintain and support 2002 Local Plan, maintain and support “visitor” industry; extend tourist season in “visitor” industry; extend tourist season in spring and fall; promote off-season uses of spring and fall; promote off-season uses of seasonal facilitiesseasonal facilities

Planning DocumentsPlanning Documents

ZONING HISTORYZONING HISTORY

1973 Comprehensive Zoning1973 Comprehensive ZoningArea Zoned as “Resort Residential”Area Zoned as “Resort Residential”Resort Residential district intent “To provide Resort Residential district intent “To provide

sites for seasonal resource oriented resorts sites for seasonal resource oriented resorts within a seaside residential environment.”within a seaside residential environment.”

General By-law prohibitions and General By-law prohibitions and restrictions remain in effect.restrictions remain in effect.

1973 Comprehensive Zoning1973 Comprehensive Zoning Cottage Colony identified as a “N” in all Zoning Cottage Colony identified as a “N” in all Zoning

DistrictsDistricts Mobile Homes or Trailers for Human Habitation Mobile Homes or Trailers for Human Habitation

identified as a “N” in all Zoning Districtsidentified as a “N” in all Zoning Districts Campground identified as a “N” in all Zoning DistrictsCampground identified as a “N” in all Zoning Districts Hotel, Motel or Motor Court identified as a “Y” in the Hotel, Motel or Motor Court identified as a “Y” in the

Resort Residential Zoning DistrictResort Residential Zoning District General By-law prohibitions and restrictions on General By-law prohibitions and restrictions on

campgrounds and recreational vehicles remains campgrounds and recreational vehicles remains in effect.in effect.

PermittingPermitting A-242, 1989, “The Board found that the proposed extension to the existing cottage A-242, 1989, “The Board found that the proposed extension to the existing cottage

would be a substantial overuse of the property and would further congest the already would be a substantial overuse of the property and would further congest the already intense use of the entire parcel. The Board found that the excessive density of the intense use of the entire parcel. The Board found that the excessive density of the cottage colony coupled with the peculiar conditions of the coastal beach/sand dune cottage colony coupled with the peculiar conditions of the coastal beach/sand dune resource preclude prudent expansion of the existing cottage.”resource preclude prudent expansion of the existing cottage.”

A-282, 1990, “The Board found that the proposed extension to the existing cottage A-282, 1990, “The Board found that the proposed extension to the existing cottage would be a substantial more detrimental than the existing non-conforming use of the would be a substantial more detrimental than the existing non-conforming use of the neighborhood and would further congest the already intense use of the entire parcel, neighborhood and would further congest the already intense use of the entire parcel, would further impede accessibility by emergency equipment and derogate from the would further impede accessibility by emergency equipment and derogate from the spirit and intent of the Zoning By-law.”spirit and intent of the Zoning By-law.”

A-1054, 2003 “The Board found that the addition of the deck will also contribute to A-1054, 2003 “The Board found that the addition of the deck will also contribute to overcrowding of the property….”overcrowding of the property….”

A-1435, 2009 Public Comment “Due to the overcrowding of Campers Haven in recent A-1435, 2009 Public Comment “Due to the overcrowding of Campers Haven in recent years, allowing larger trailer to replace smaller ones has not only crowded the park years, allowing larger trailer to replace smaller ones has not only crowded the park itself but also has made an impact on our property.” “I am writing in opposition to the itself but also has made an impact on our property.” “I am writing in opposition to the request by the Campground….” “Obviously from the tone of this letter, you will further request by the Campground….” “Obviously from the tone of this letter, you will further recognize that we are not in favor of granting Campers Haven the permits that they recognize that we are not in favor of granting Campers Haven the permits that they are seeking,”are seeking,”

Jump Forward, 2007 - 2009Jump Forward, 2007 - 2009

Economic Development Committee Economic Development Committee considers existing hotel provisions and considers existing hotel provisions and determines that, should current zoning be determines that, should current zoning be implemented, better guidance for implemented, better guidance for development was necessary.development was necessary.

EDC begins discussing a “vision” for the EDC begins discussing a “vision” for the future of hotels in Dennisport.future of hotels in Dennisport.

EDC Vision discussions draw the attention EDC Vision discussions draw the attention of the Cape Cod Times, and brings cottage of the Cape Cod Times, and brings cottage and recreational vehicle owners to the table.and recreational vehicle owners to the table.

Request made to the EDC and town to Request made to the EDC and town to reconsider the decades old policies reconsider the decades old policies

prohibiting Cottage Colonies and prohibiting Cottage Colonies and Recreational Vehicle Parks on Old Wharf Recreational Vehicle Parks on Old Wharf

Road.Road.

Surveys, Surveys, SurveysSurveys, Surveys, SurveysShould Dennis Change Its Zoning To Protect The Old Wharf Road Cottage

Colonies and RV Parks?

85%

15%

Yes

No

Respondent Location

4%7%

6%

11%

2%

10%60%

Dennis Village

West Dennis

South Dennis

Dennisport

East Dennis

Other Cape

Other

259 respondents to online survey

Surveys, Surveys, SurveysSurveys, Surveys, SurveysShould Dennis Change Its Zoning To Protect The Old Wharf Road Cottage

Colonies and RV Parks? Response of Dennis Residents

79%

21%

Yes

No

Should Dennis Change Its Zoning To Protect The Old Wharf Road Cottage Colonies and RV Parks? Cottage/RV Owner Response

89%

11%

Yes

No74 respondents to online survey

159 respondents to online surveyShould Dennis Change Its Zoning To Protect The Old Wharf Road Cottage

Colonies and RV Parks? Non-Cottage/RV Owners Response

79%

21%

Yes

No

103 respondents to online survey

How Do We Proceed?How Do We Proceed?

Leave “As Is” leaves these properties in Leave “As Is” leaves these properties in their pre-existing non-conforming status their pre-existing non-conforming status cottage owners, RV owners and land cottage owners, RV owners and land owners cannot make any changes to owners cannot make any changes to existing structuresexisting structures

Create Seasonal Tourist ZoningCreate Seasonal Tourist Zoning

Pitfalls of EachPitfalls of Each

Leave “As Is”Leave “As Is”No changes can be made to structures No changes can be made to structures

without Board of Appeals approvalwithout Board of Appeals approvalBoard of Appeals has not looked favorably Board of Appeals has not looked favorably

upon structural changesupon structural changesGeneral By-law prohibitions and restrictions, General By-law prohibitions and restrictions,

such as length of stay would remain in effect such as length of stay would remain in effect as well.as well.

Pitfalls of EachPitfalls of Each

Seasonal Resort ZoningSeasonal Resort ZoningBlanket standards apply to all properties Blanket standards apply to all properties

within the zoning districtwithin the zoning districtConforming status under zoning could lead to Conforming status under zoning could lead to

structural changesstructural changesNeed to amend General By-laws as well as Need to amend General By-laws as well as

Zoning By-lawZoning By-law

Winter 2009-2010Winter 2009-2010

EDC and town commit to study the cottage EDC and town commit to study the cottage and RV question and prepare proposals.and RV question and prepare proposals.

Wiki site established to initiate public input Wiki site established to initiate public input on zoning concepts.on zoning concepts.

First Wiki entry made February 2010.First Wiki entry made February 2010.Wiki has had over 2100 page views since Wiki has had over 2100 page views since

February.February.

That Brings Us To TodayThat Brings Us To Todayandand

This SummerThis Summer

Where To?Where To? Cottage owners have Cottage owners have

made or have asked to made or have asked to make changes to make changes to cottagescottages

Camper’s Haven has Camper’s Haven has asked to make changes asked to make changes at the RV Parkat the RV Park

The Poll I took suggests The Poll I took suggests you do not support these you do not support these requests any more than requests any more than the Board of Appeals has.the Board of Appeals has.

What Should We Do With Cottage Colony Properties?

51%

35%

10% 4%

I think the buildings should stay exactly as they are.

Increases in footprints and height is a good idea.

I agree with increasing footprints, but not height.

I agree with increasing height, but not the footprint.

The Town and Planning The Town and Planning Department are Committed to:Department are Committed to:

Working with Cottage, Recreational Working with Cottage, Recreational Vehicle and Land Owners to find a Vehicle and Land Owners to find a common ground.common ground.

Determining how to accommodate this Determining how to accommodate this “common ground” within the Zoning By-“common ground” within the Zoning By-law.law.

The Town and Planning The Town and Planning Department are Committed to:Department are Committed to:

We see a need for creating a Zoning We see a need for creating a Zoning Proposal which will accommodate Proposal which will accommodate Cottages and Recreational Vehicles.Cottages and Recreational Vehicles.

As illustrated in the Board of Appeals files As illustrated in the Board of Appeals files there seems to be a desire for the town to there seems to be a desire for the town to establish standards within which cottages establish standards within which cottages and recreational vehicle sites may be able and recreational vehicle sites may be able to modernize.to modernize.

Where?Where?

Let’s DiscussLet’s Discuss