| Agenda: | The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, August 9, 2012, starting at 5:00 p.m. in the Town Annex Meeting Room, 261 George Ryder Road, on the following appeals:
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, owners of property located at 174 Eastward Road, also shown on Assessors’ Book Page 13M as Lot C53. The appellants are requesting a Modification of Special Permit 06-138 to change, alter or extend a nonconforming single family dwelling via the revision of the approved design for the permitted single family dwelling. Section 14 of M.G.L., Ch. 40A, The Zoning Act, authorizes the Zoning Board of Appeals to make orders or decisions, reverse or affirm in whole or in part, or modify any order or decision. In the alternative, the appellants are requesting the grant of a new Special Permit to expand a nonconforming single family dwelling within the required 50 foot setback to a Coastal Conservancy District (Flood Plain, A9 Zone, el. 11), and increase the building coverage from an existing 28% (4,430 sq. ft.) to 38% (6,040 sq. ft.) where a maximum of 15% is allowed. Also proposed is a swimming pool on the southwesterly side, partially within a Coastal Conservancy District (Flood Plain, A9 Zone, el. 11) where a 50 foot setback is required. The existing dwelling is nonconforming in that it is located within the required 50 foot setback to a Coastal Conservancy District (Flood Plain, A9 Zone, el. 10) where a 50 foot setback is required, and covers 28% of the buildable upland where a maximum of 15% is allowed. The lot is nonconforming in that it contains 15,886 sq. ft. of buildable upland where 20,000 sq. ft. is required, and 80 linear feet of frontage where 150 feet 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. 12-069: Robert Maher, 71 Concord St., No. Reading, MA 01864, c/o Richard J. Roy, 123A Queen Anne Road, Harwich, MA 02645, owner of property located at 35 Highland Avenue, also shown on Assessors’ Book Page 15E as Lot 55. The appellant proposes to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling. The proposed new dwelling will comply with all of the dimensional requirements of the Protective Bylaw, but because the new dwelling will be constructed in a different location on the lot, it is not technically an extension, reconstruction, structural change or alteration of a nonconforming single family dwelling, the second except clause of Section 6 of M.G.L., Chapter 40, The Zoning Act requires the grant of a Special Permit. The lot is nonconforming in that it contains 19,083 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. 12-070: Deanna L. Henry, 207 Main St., Medway, MA 02053, c/o J.W. Anderson, III, 83 Myrtle St., Norfolk, MA 02056, owner of property located at 26 Nameless Lane, also shown on Assessors’ Book Page 15D as Lot V18. The appellant proposes to expand a nonconforming single family dwelling via the addition of a 14 foot by 22 family room on the northeasterly side. The proposed addition will comply with road and abutter setbacks, height requirements and building coverage requirements of the Protective Bylaw, but 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 lot is nonconforming in that it contains 13,380 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. 12-071: Stewart & Cynthia MacDonald, 24 Wheeler Road, Lincoln, MA 01773, c/o Theodore P. Streibert, AIA, 15 Linden Tree Lane, Chatham, MA 02633, owners of property located at 135 Stage Island Road, also shown on Assessors’ Book Page 14A1 as Lot D41. The appellants propose to expand a nonconforming single family dwelling via the addition of a 24 foot by 36 foot, 3-bay detached garage with an approximately 441 sq. ft. attached poolhouse on the easterly side. The proposed addition will comply with road and abutter setbacks, height requiremens and building coverage requirements of the Protective Bylaw, but 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 lot is nonconforming in that it contains 31,578 sq. ft. where 40,000 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. 12-054: John M. & Heidi S. Fahey, 3327 Dent Place NW, Washington, DC 20007, c/o Michael D. Ford, Esq., P.O. Box 485, W. Harwich, MA 02671, owners of property located at 44 Nickerson Lane, also shown on Assessors’ Book Page 7B as Lot S17. Continued from the June 28, 2012 public hearing for demolition and reconstruction of a nonconforming single family dwelling.
Appeal No. 12-008: Oyster Bluff Nominee Trust, c/o Minglewood Homes, Inc., for property located at 52 Oyster Bluff. The contractor, Minglewood Homes, is requesting a determination by the Zoning Board of Appeals as to whether the pouring of a concrete basement floor will be considered exterior work. The Special Permit was conditioned to no exterior work prior to October 1 or after June 1.
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 |