Information for Meeting of Zoning Board of Appeals
Thursday September 13, 2012 3:00 PM EDT

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, September 13, 2012,  starting at 3:00 p.m. in the Town Annex Meeting Room,  261 George Ryder Road, on the following appeals:

The Zoning Board of Appeals will meet with Selectman Sean Summers to discuss the conditioning of Special Permits to specific time frames for construction or exterior construction on projects approved by the Board.

 Appeal No.  12-075:  John C. & Susan W. Hart, 15 Woods Lane, Scarsdale, NY  10583, c/o William G. Litchfield, Esq., 330 Orleans Road, No. Chatham, MA  02650, owners of property located at 15 Henshaw Drive, also shown on Assessors’ Book Page 14D as Lot S13.  The appellants propose to expand a nonconforming single family dwelling via a 10 foot by 18 foot kitchen enlargement on the westerly side.  The proposed addition will increase the building coverage from an existing 15.5% (1,852 sq. ft.) to 17% (2,042 sq. ft.) where a maximum of 15% is allowed.  The existing dwelling is nonconforming in that it covers 15.5% of the lot where a maximum of 15% is allowed, and the lot is nonconforming in that it contains 12,040 sq. ft. where 20,000 sq. ft. is required.  The Zoning District is R-20.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.

Appeal No. 12-076:  52 Nickerson Lane, LLC, 86 Mayo Ave., Greenwich, CT  06830, c/o Wiliam G. Litchfield, Esq., 330 Orleans Road, No. Chatham, MA  02650, owners of property located at 52 Nickerson Lane, also shown on Assessors’ Book Page 7B as Lot 16A.  The appellants propose to install a timber access stairway over an existing revetment for shore access in a Coastal Conservancy District (Coastal Bank).  The property contains 25,400 sq. ft. in an R-20 Zoning District.  A Special Permit is required under Section IV.A.3.a., Overlay Regulations, Conservancy Districts, Special Permit Uses, of the Protective Bylaw.

Appeal No. 12-077:  Kenneth & Barbara Bivens, 3 Chandler Road, E. Sandwich, MA  02537, owners of property located at 94 Old Queen Anne Road, also shown on Assessors’ Book Page 12F as Lot MC3.   The appellants propose to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling 6.5 feet from the northerly lot line.  The existing dwelling is nonconforming in that it is located 8.6 feet from the northerly lot line where a 15 foot setback is required and 20.8 feet from the road where a 25 foot setback is required.  The lot is nonconforming in that it contains 10,431 sq. ft. where 20,000 sq. ft. is required and 75 linear ft. of frontage where 100 ft. is required.  The Zoning District is R-20.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.

Appeal No. 12-078:  TAC Hyannis Realty, LLC., 17 Thacher Shore Road, Yarmouthport, MA  02675, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA  02633, owners of property located at 17 Balfour Lane, also shown on Assessors’ Book Page 11E as Cour Yard.  The 



appellants propose to convert nonconforming office/storage space to a 2-bedroom apartment incidental to a commercial use.  The structure is nonconforming in that it is located 40.6 feet from Balfour Lane where a 50 foot setback is required.  The property contains 55,236 sq. ft. in a GB-3 Zoning District. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, and Section VII.B.4 Special Regulations, Specific Standards, Apartment, Incidental to a Commercial Use, of the Protective Bylaw.

Appeal No. 12-079:  Terry Savage & Roberta Masiello, 197 8th St., P.H. 11, Charlestown, MA  02129, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA  02633, owners of property located at 103 Aunt Nabby’s Lane, also shown on Assessors’ Book Page 10B as Lot 6.  The appellants propose to expand a nonconforming single family dwelling via the addition of a 965 sq. ft. second story, a covered porch on the northerly side and a porch with balcony above on the southerly side, within the required 50 foot setback to a Coastal Conservancy District (Coastal Bank).   The building coverage will increase from an existing 15.3% (1,439 sq. ft.) to 16.6% (1,613 sq. ft.)  where a maximum of 15% is allowed.  The proposed second story is considered a substantial alteration to a nonconforming single family dwelling, and under the Second Except  Clause of M.G.L., Ch. 40A, Section 6, The Zoning Act, such substantial alteration requires the grant of a Special Permit.    The dwelling is nonconforming in that it covers 15.3% of the buildable upland where a maximum of 15% is allowed, and is located within the 50 foot required setback to a Coastal Conservancy District (Coastal Bank).  The lot is nonconforming in that it contains 15,100 sq. ft. where 20,000 sq. ft. is required. The Zoning District is R-20.    A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change,  of the Protective Bylaw.

Appeal No. 12-082:  Stephen & Demetra Jamoulis, 127 Riverside Drive, W. Harwich, MA  02671, owners of South Chatham Liquors, 2447 Main St., So. Chatham, MA  02669, also shown on Assessors’ Book Page 4D as Lot M1.  The appellants are appealing the determination of the Assistant Sign Agent that advertising on the vertical apron of awnings (other than the business name) they have installed is in violation of the requirements of Section 225-4.K.2., Awnings and Canopies, of the Chatham Sign Code, which prohibits advertising on any awning or canopy except that the business name may be displayed on the vertical portion of the street apron which is geometrically parallel to the building front.  Alternatively, the appellants are requesting the grant of an after-the-fact Permit to retain the advertising displayed on the installed awnings (other than the business name).  The property contains 20,000 sq. ft. in an SB Zoning District. A Permit is required under Section 225-19, Appeal Permits, of the Chatham Sign Code.

Approval of minutes

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