Information for Meeting of Zoning Board of Appeals
Thursday October 24, 2013 3:00 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, October 24, 2013, starting at 3:00 p.m. in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following appeals:

Appeal No.  13-062:  Thomas G. Flynn, 699 Orleans Road, No. Chatham, MA  02650, is appealing the determination of the Chief Zoning Officer that property located at 693 Orleans Road, owned by Valerie Seyfert Piper, also shown on the Town of Chatham Assessors’ Map 12I, Block 15, Lot 2, has been continuously used for the purpose of operating a kennel as defined in the Chatham Protective Bylaw.  The property contains 43,522 sq. ft. in an R-40 Zoning District.  The appellant is appealing under Section VIII.D.2.a., Administration, Powers, Appeals, of the Protective Bylaw.

Appeal No. 13-063:  Frank & Susan Pinto, 23 Alba Road, Wellesley, MA  02481, c/o Frederick Cheney, 87 White Rock Road, Brewster, MA  02631, owners of property located at 171 Queen Anne Road, also shown on the Town of Chatham Assessors’ Map 14E, Block 6, Lot 12.  The appellants propose to expand a nonconforming single family dwelling via a two-story addition on the northerly side.   The proposed addition will comply with the dimensional requirements of the Protective Bylaw, but is considered a substantial alteration 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 alteration requires the grant of a Special Permit.      The lot is nonconforming in that it contains 13,566 sq. ft. where  40,000 sq. ft. is required and 78.97 linear ft. of frontage where 150 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. 13-064:  Joel M. & Betsy R. Bertuzzi, 15 Briar Cliff Road, Longmeadow, MA  01106, c/o William G. Litchfield, Esq., 330 Orleans Road, No. Chatham, MA  02650, owners of property located at 13 Captains Cove Lane, also shown on the Town of Chatham Assessors’ Map 10L, Block 8, Lot C1.  The appellants propose to expand a nonconforming single family dwelling via the 24 foot by 14 foot enlargement of an existing garage with master bedroom above, 15.8 feet from the easterly lot line where a 25 foot setback is required.    The existing dwelling is nonconforming in that it is located 19.9 feet from the southerly lot line where a 25 foot setback is required.  The lot is nonconforming in that it contains 20,400 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. 13-065:  David & Darcy Mallowes, 19 Ocean View Terrace, Chatham, MA  02633, c/o William G. Litchfield, owners of property located at 19 Ocean View Terrace, also shown on the Town of Chatham Assessors’ Map 15F, Block 48, Lot 69.  The appellants propose to expand a nonconforming single family dwelling via an addition on the easterly side, 18.3 feet from the road where a 25 foot setback is required.  The building coverage will increase from an existing 17% (1,386 sq. ft.) to 22.6% (1,847 sq. ft.) where a maximum of 15% is allowed.    The existing dwelling is nonconforming in that it is located 18.9 feet from the road where a 25 foot setback is required, and covers 17% of the lot where a maximum of 15% is allowed.    The lot is nonconforming in that it contains 8,174 sq. ft.  where 20,000 sq. ft. is required and 94.5 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. 13-066:  4 Shore Road, LLC, 4 Shore Road, Chatham, MA  02633, c/o William G. Litchfield, Esq., 330 Orleans Road, No. Chatham, MA  02650, owners of property located at 4 Shore Road, also shown on the Town of Chatham Assessors’ Map 17C, Block 54, Lot F1.  The appellants are requesting a Modification of Special Permit 12-102, issued on November 15, 2012.  The previously approved Special Permit allowed for an increase in building coverage from 2,511 sq. ft. or 20%, to 3,030 sq. ft., or 23.9% where a maximum of 15% is allowed, and allowed for construction of an addition 14.4 feet from the lot line where a 25 foot setback is required.  The proposed modification will not increase the coverage or change the setback deficiency from that previously approved, however, the newly proposed addition will be of a different height and design.  Section 14, 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.  The property contains 19,159 sq. ft. in an R-40 Zoning District.

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 the Town of Chatham Assessors’ Map 11A, Block 5, Lot 10.  Continued from September 26, 2013.

Other Business:

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.

David S. Nixon
Chairman