Information for Meeting of Zoning Board of Appeals
Thursday October 25, 2012 3:00 PM EDT

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, October 25, 2012,  starting at 3:00 p.m. in the Town Annex Meeting Room,  261 George Ryder Road, on the following appeals:

Appeal No.  12-087:  Douglas Steiner,  7 Noel Drive, Short Hills, NJ  07078, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA  02633, owner of property located at 232 Old Harbor Road, also shown on Assessors’ Book Page 15F as Lot C1.  The appellant proposes to expand a nonconforming single family dwelling via the replacement and enlargement of an existing sun porch on the northeasterly side, 22.9 feet from Patten Lane where a 25 foot setback is required.  The existing dwelling is nonconforming in that it is located 22.9 feet from Patten Lane where a 25 foot setback is required. The property contains 31,790 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. 12-090:  Lee Marden, Trustee, Liberty Realty Trust, P.O. Box 1212, Concord, NH   03302, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA  02633, owner of property located at 398 Cedar Street, also shown on Assessors’ Book Page 11B as Lot 12.  The appellant proposes to expand a nonconforming single family dwelling via the demolition of an existing dwelling and garage and construction of new dwelling and garage, 21 feet from the road where a 40 foot setback is required.  The existing dwelling is nonconforming in that it is located 9.6 feet from the road where a 40 foot setback is required.  The property is nonconforming in that it contains a main dwelling and guest house on 40,918 sq. ft. of land where 60,000 sq. ft. is required.  The Zoning District is R-40.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.

Appeal No. 12-091:  Gregory & Joy Ziemak, 128 Imperial Ave., Westport, CT  06860, c/o William G. Litchfield, Esq., 330 Orleans Road, No. Chatham, MA  02650, agreed vendees of property located at 65 Cotchpinicut Road, also shown on Assessors’ Book Page 16 J as Lot SB.  The appellants propose to expand a nonconforming single family dwelling via the addition of a porch on the easterly side, 29 feet from the road where a 40 foot setback is required, and a dormer on the northerly side, 38.3 feet from the same road.   The existing dwelling is nonconforming in that it is located 38.3 feet from the road where a 40 foot setback is required.   The property contains 51,388 sq. ft. 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. 12-093:  David W. Smith, 3A Sun Island Road, Unit 3, Nantucket, MA  02554, c/o James B. Stinson, Esq., P.O. Box 665, W. Harwich, MA  02671, agreed vendee of property located at 364 Old Harbor Road, also shown on Assessors’ Book Page 15G as Lot 29.  The appellant is requesting a Modification of Special Permit 89-6, issued on January 19, 1989, to allow the conversion of an area on the first floor currently used as owners’ quarters for a bed and breakfast operation to an additional guest room, for a total of eight (8) guest rooms on the property. Owners’ quarters would be maintained in an area on the second floor.   Special Permit 89-16 allowed rental of a 

maximum of seven (7) guest rooms.  Section VIIB.5.g., Special Regulations, Specific Standards, Boarding or Rooming House, Tourist Home, of the Protective Bylaw, allows up to a total of eight (8) rental rooms in any residence.  A Special Permit is required under Section VII.B.5.j. of the Protective Bylaw for the rental of more than three (3) rooms.   Section 14, of M.G.L., Ch. 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.  The property contains 20,598 sq. ft. in an R-40 Zoning District. 

Appeal No. 12-094:  Schuyler & Penelope Peck, 87 Carriage Hill Circle, Southborough, MA  01772, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA  02633, owners of property located at 161 Landing Lane, also shown on Assessors’ Book Page 13K as Lot R10.  The appellants are requesting a Modification of Special Permit 12-041, issued on May 11, 2012, which allowed the expansion of a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling, 15.3 feet from the northerly lot line where a 25 foot setback is required, 25 feet from the road where a 40 foot setback is required, and 15.5 feet from a Coastal Conservancy District (Top of Bank) where a 50 foot setback is required.  The building coverage would increase from 21.1% (1,714 sq. ft.) to 23.7% (1,919 sq. ft.) where a maximum of 15% is allowed.   The dwelling proposed by the applicants will be 15.5 feet from the northerly lot line and 20.8 feet from the southerly lot line where a 25 foot setback is required from each lot line, 25 feet from the road where a 40 foot setback is required,  0 feet from a Coastal Conservancy District (Top of Bank) where a 50 foot setback is required, and the building coverage will increase from an existing 21.% (1,714 sq. ft.) to 26% (2,159 sq. ft.) where a maximum of 15% is allowed.  The existing dwelling is nonconforming in that it is located 15.5 feet from the northerly lot line and 17.7 feet from the southerly lot line where a 25 foot setback is required, 28.9 feet from the road where a 40 foot setback is required, 15.5 feet from a Coastal Conservancy District (Top of Bank) where a 50 foot setback is required, and covers 21.2% of the buildable upland where a maximum of 15% is allowed.  The property contains 21,040 sq. ft. in an R-40 Zoning District.  Section 14, Powers of Board of Appeals, Authority of Board, of M.G.L., Ch. 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. 12-095:  Town of Chatham & Chatham Marconi Maritime Center, 549 Main Street, Chatham, MA  02633, c/o Alan McClennen, Jr. , Planning & Development Consultant, P.O. Box 208, So. Orleans, MA  02662, owners of property located at 831 Orleans Road, also shown on Assessors’ Book Page 11J as Lot 7. The appellants propose to establish a Private Educational Use, (related to the historical nature of the site and buildings, i.e., wireless communication, particularly in ship-to-shore communication) on the subject property, known as the “hotel” in a Residential R-60 Zoning District.  A Special Permit (10-016) was issued in 2010 for a Private Educational Use (in a different building) at 847 Orleans Road, located on the same property. The property contains 4 acres in an R-60 Zoning District.  A Special Permit is required under Section III.C.1.c., District Regulations, District Regulations, Residential Districts, Uses Requiring a Special Permit, of the Protective Bylaw.

Appeal 12-076:  52 Nickerson Lane LLC, 86 Mayo Ave., Greenwich, CT  06830, c/o William G. Litchfield, Esq., 330 Orleans Road, No. Chatham, MA 02650, continued from the September 13, 2012 public hearing for property located at 52 Nickerson Lane, also shown on Assessors’ Book Page 7B as 16A, for the construction of access stairs in a Coastal Conservancy District.

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