| Agenda: | TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE
The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, September 26, 2013, starting at 4:00 p.m. in the Town Annex Meeting Room, 261 George Ryder Road, on the following appeals:
Appeal No. 13-052: David C. Rogers, 335 W. 2nd St., Apt. 16, Boston, MA 02127, c/o Michael D. Ford, Esq., P.O. Box 485, W. Harwich, MA 02671, owner of property located at 36 Sears Point, also shown on Assessors’ Book Page 11A as Lot 10. The appellant proposes to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling, 35 feet from a Coastal Conservancy District (Flood Plain, el. 9) where a 50 foot setback is required. Also proposed is a 236 sq. ft. shed on the northerly portion of the property. A portion of the proposed new dwelling, a “crow’s nest” feature, at 38.5 feet, will exceed the maximum allowable height of 30 feet. The building coverage will increase from an existing 8.7% (6,170 sq. ft.) to 11.6% (8,237 sq. ft.) where a maximum of 10% is allowed. The existing dwelling is nonconforming in that it is located 24 feet from a Coastal Conservancy District (Flood Plain, el. 9, where a 50 foot setback is required, and an existing “crow’s nest” feature, at 33.5 feet, exceeds the maximum allowable height of 30 feet. The property contains 104,700 sq. ft. total, with 71,200 sq. ft. of buildable upland in an R-40 Zoning District. A Special Permit is required under Section IV., Overlay Regulations, Conservancy Districts, Special Permit Uses, and Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.
Appeal No. 13-056: Henry & Susan M.R. Gomez, Trustees, 2005 Gomez Family Trust, 98 Chestnut Ridge Road, Saddle River, NJ 07458, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA 02633, owners of property located at 15 Bay Lane, also shown on Assessors’ Book Page 16D as Lot B1. The appellants propose to expand a nonconforming single family dwelling via the addition of an air conditioning unit and generator, 15 feet from the road where a 25 foot setback is required. The existing dwelling is nonconforming in that it is located 16 feet from Chatham Bars Avenue and 16 feet from Bay Lane where a 25 foot setback is required from each road, and covers 18.4% of the lot where a maximum of 15% is allowed. The lot is nonconforming in that it contains 14,109 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. 13-057: Frank Gollop & Deirdre Flannery, 96 Church St., Weston, MA 02493, owners of property located at 29 Periwinkle Lane, also shown on Assessors’ Book Page 4C as Lot L3., are appealing the determination of the Chief Zoning Officer under Section VIII.D.2.a., Administration, Zoning Board of Appeals, Power, Appeals, of the Protective Bylaw that a fence that they have installed is higher than the 6 foot maximum height allowed. Section III.D.3.f, District Regulations, District Area Regulations, Specific Requirements, Projections, of the Protective Bylaw, exempts fences less than 6 feet in height from the setback requirements of the Protective Bylaw. Alternatively, they are requesting the grant of a Special Permit to allow the fence to remain as an alteration of a nonconforming single family dwelling and vary in height from 6’ 5 ½”, with an average height of 6’ 4” and running along uneven ground. The existing dwelling is nonconforming in that it is located 13.7 feet from the westerly lot line where a 15 foot setback is required, and is located within the required 50 foot setback to a Coastal Conservancy District (Top of Bank). The property contains 17,358 sq. ft. in an R-20 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. 13-058: Nickerson Corners MJM, LLC, c/o Michael Mullaney, Manager, 375 Great Western Road, owner of property located at 210 Orleans Road, also shown on Assessors’ Book Page 14H as Lot R16. The appellant is requesting the grant of a Permit by the Sign Code Appeals Committee to install a 48.15 square foot wall sign where Section 225-24., Regulations for Small Business Zones of the Chatham Sign Code, allows a maximum of 1 square foot when a property contains multiple commercial uses. A Permit is required under Section 225-19, Appeal Permits, of the Chatham Sign Code. The property contains 2.11 acres in an SB Zoning District and consists of mixed uses, both commercial and residential.
Other Business:
Approval of minutes
Plans, site plans, and all other documents related to this Appeal 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.
David S. Nixon
Chairman |