| Agenda: | The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, January 12, 2012, starting at 4:00 p.m. in the Town Annex meeting room, 261 George Ryder Road, on the following appeals:
Appeal No. 12-001: Verizon New England, Inc., P.O. Box 152206, Irving, TX 75015, c/o Richard J. Gallogly, Esq., Rackemann Sawyer & Brewster, 160 Federal St., Boston, MA 02110, owners of property located at 35 Old Harbor Road, also shown on Assessors’ Book Page 14E as Lot 31. The appellants are requesting a Modification of Special Permit 60-16, issued on October 19, 1960, which allowed the construction of a dial exchange building. Special Permit 60-16 was conditioned to prohibit the outside storage of telephone equipment and supplies. The appellants are requesting that the Special Permit be modified to allow the outside parking of two bucket trucks and one company vehicle on an overnight basis and up to three personal vehicles during the daytime on the easterly side of the property. The property contains 13,800 square feet in an R-20 Zoning District. Section 14, Powers of Board of Appeals, of M.G.L., Chapter 40A, the Zoning Act, authorizes the Zoning Board of Appeals to reverse or affirm in whole or in part, or modify any order or decision.
Appeal No. 12-002: G.E.D. 42, LLC, P.O. Box 403, W. Chatham, MA 02669, c/o Michael D. Ford, Esq., P.O. Box 485, W. Harwich, MA 02671, owners of property located at 141 Absegami Run, also shown on Assessors’ Book Page 12E as Lot A20. The appellants propose to expand a nonconforming single family dwelling via the removal of an existing attached garage with living space on the second story on the easterly side and the addition of an attached garage with covered porch and living space on the second floor on the northeasterly side, 20.3 feet from the lot line where a 25 foot setback is required. The existing dwelling is nonconforming in that it is located 20.8 feet fro the easterly lot line where a 25 foot setback is required. The property contains 1.55 acres in an R-40 Zoning District. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.
Appeal No. 12-003: Chatham Beach & Tennis Club, 14 Main St., Chatham, MA 02633, c/o Theodore P. Streibert, AIA, 15 Linden Tree Lane, Chatham, MA 02633, owners of property located at 14 Main Street, also shown on Assessors’ Book Page 16B as Lot73. The appellants propose to expand a nonconforming structure and use (Private, Not for Profit Club) via the 97 sq. ft. extension of an existing terrace with storage below and a raised, 369 sq. ft. deck, both on the southeasterly side. The existing use is nonconforming in that a Private, Not for Profit Club is only allowed in an R-40 Zoning District with the grant of a Special Permit. The structure is nonconforming in that it is located 10 feet from the road where a 40 foot setback is required. The property contains 209,000 sq. ft. with 62,359 sq. ft. of buildable upland in an R-40 Zoning District. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.
Appeal No. 12-004: Sommer Family Trust – Chatham Beach Dog, 10 Cove Hill Road, No. Chatham, MA 02650, c/o Chris Cannon, AIA, P.O. Box 201, Chatham, MA 02633, owners of property located at 416 Main Street, also shown on Assessors’ Book Page 15D as Lot 8. The appellants propose to expand a nonconforming structure via the demolition of an existing 96 sq. ft. storage shed used for a retail business and the construction of an approximately 498 sq. ft. storage shed on the northeasterly side. The proposed structure is in compliance with the dimensional requirements of the Protective Bylaw, however, Section III.D.3.h., District Regulations, District Area Regulations, Specific Requirements, Lots in More than One District, of the Protective Bylaw requires that the use of all of a lot divided by more than one Zoning District for a use permitted only in the less restrictive district be approved by the Zoning Board of Appeals. Although a portion of the existing shed is located in the R-20 portion of the lot, the proposed storage building is an expansion of the commercial use of the property into the residential portion of the lot. The existing structure is nonconforming in that a portion of it is located in the R-20 portion of the lot; a Special Permit is required for such location. The property contains 18,627 sq. ft. in GB-1 and R-20 Zoning Districts. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, and Section III.D.3.h., District Regulations, District Area Regulations, Specific Requirements, Lots in More than One District and of the Protective Bylaw.
Appeal No. 07-018: South Cape Enterprises, Mark Bulman, 205 Nyes Neck Road, Centerville, MA 02632, owner of property located at 1062-1084 Main Street, also shown on Assessors’ book Page 12F as Lot 4A. A Comprehensive Permit was granted to the applicant on December 6, 2007 for the construction of 10 townhouse condominium units in two buildings, with two Affordable Units, one in each building. The appellant proposes to construct decks with steps at the rear of the structures rather than the originally proposed patios. The appellant additionally requests that a certain number of units be sold prior to the construction of the second building. The authorization of the Zoning Board of Appeals is required for these modifications to the plans.
Plans, site plans, and all other documents related to these Appeals are on file with the Department of Community Development, located at 261 George Ryder Road and may be viewed Monday through Thursday, 7:00 a.m. to 4:00 p.m.; Friday, 7:00 a.m. to 12:30 p.m.
Edward M. Fouhy
Chairman |