| Agenda: | The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, September 27, 2012, starting at 3:00 p.m. in the Town Annex Meeting Room, 261 George Ryder Road, on the following appeals:
Appeal No. 12-080: Philip & Cheryl Merola, 13 University Lane, Manchester, MA 01944, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA 02633, owners of property located at 39 Bearses Byway, also shown on Assessors’ Book Page 14D as Lot 13. The appellants propose to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling, 8.6 feet from the southwesterly lot line, 8 feet from the northerly lot line, and 8 feet from the easterly lot line where a 15 foot setback is required from each lot line, and 16.1 feet from the road where a 25 foot setback is required. The existing dwelling is nonconforming in that it is located 15.1 feet from the road where a 25 foot setback is required and 9.7 feet from the northerly lot line where a 15 foot setback is required, and because a Special Permit is required for a one- family dwelling in a GB-1 Zoning District under Section III.C.4.c., District Regulations, District Area Regulations, Uses Requiring a Special Permit The lot is nonconforming in that is contains 4,957 sq. ft. where 5,000 sq. ft. is required. The Zoning District is GB-1. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, of the Protective Bylaw.
Appeal No. 12-081: Philip & Cheryl Merola, 13 University Lane, Manchester, MA 01944, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA 02633, owners of property located at 40 Bearses Byway, also shown on Assessors’ Book Page 14D as Lot 21. The appellants propose to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling, 14.9 feet from the road where a 25 foot setback is required, 11 feet from the northerly lot line and 10.7 feet from the westerly lot line where a 15 foot setback is required from each lot line. The existing dwelling is nonconforming in that is located 12.3 feet from the road where a 25 foot setback is required, 9 feet from the westerly lot line and 7 feet from the northerly lot line where a 15 foot setback is required from each lot line, and because a Special Permit is required for a one- family dwelling in a GB-1 Zoning District under Section III.C.4.c., District Regulations, District Area Regulations, Uses Requiring a Special Permit . The lot is nonconforming in that is contains 3,807 sq. ft. where 5,000 sq. ft. is required. The Zoning District is GB-1. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, of the Protective Bylaw.
Appeal No. 12-083: Jeffrey & Susan M. Lagarce, 145 Greystone Lane, Sudbury, MA 01776, c/o J. Thaddeus Eldredge, R.L.S., 1038 Main St., Chatham, MA 02633, owners of property located at Lot JCS5 Cross Tree Hollow, also shown on Assessors’ Book Page 15I. The appellants propose to locate an accessory use to a single family dwelling (tennis court) on an unimproved lot. Footnote 3, of Appendix I, Schedule of Use Regulations, of the Protective Bylaw, requires that accessory uses be located on the same lot as a principal use, except that the Zoning Board of Appeals may grant a Special Permit to locate such a use on an unimproved lot, provided that it is for private, non-commercial use and meets the criteria set forth in Section VIII.C.4, Administration, Special Permit Procedures, Criteria, of the Protective Bylaw. The property contains .93 acres in an R-40 Zoning District.
Appeal No. 12-084: Peter & Deborah Willsea, 3280 Elmwood Ave., Rochester, NY 14618, c/o Aaron Polhemus, 101 Depot Road, Chatham, MA 02633, owners of property located at 809 Fox Hill Road, also shown on Assessors’ Book Page 12L as Lot M2. The appellants propose to expand a nonconforming single family dwelling via an addition on the southerly side and an addition on the northerly side. The proposed additions will comply with all of the dimensional requirements of the Protective Bylaw, however, the lot is nonconforming in that it contains 51 linear feet of frontage where 150 feet is required, and is shaped so that it cannot contain a circle with a diameter equal to the required frontage for an R-40 Zoning District, as required under Section III.D.3.a.2., District Regulations, District Area Regulations, Specific Requirements, Lot Shape, of the Protective Bylaw. The proposal is considered a substantial addition to a nonconforming single family dwelling, and under the Second Except Clause of Section 6 of M.G.L., Ch. 40A, The Zoning Act, such substantial addition requires the grant of a Special Permit. The property contains 41,000 sq. ft. in an R-40 Zoning District. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, of the Protective Bylaw.
Appeal No. 12-085: Marianne Lewis, Violets, 486 Main St., Chatham, MA 02633, for property located at 486 Main Street, also shown on Assessors’ Book Page 15D as Lot T2. The applicant is appealing the determination of the Sign Agent that an open door functions as a sign, in violation of Section 225-4, Regulations for General Business and Industrial Zones, Projecting and Overhanging Signs of the Chatham Sign Code. Alternatively, the applicant is requesting the grant a of a Permit granted by the Sign Code Appeals Committee under Section 225-19, Appeal Permits, of the Chatham Sign Code to allow the front door to be open for air circulation. The property contains .12 acres in a GB-1 Zoning District.
Appeal No. 12-068: John P. & Jamie Selldorff, 283 Old Mountain Road, Farmington, CT 06032, c/o Michael D. Ford, Esq., P.O. Box 485, W. Harwich, MA 02671, continued from the August 9, 2012 public hearing for property located at 174 Eastward Road, also shown on Assessors’ Book Page 13M as Lot C53.
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 |