Information for Meeting of Zoning Board of Appeals
Thursday October 11, 2012 4:00 PM EDT

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, October 11, 2012,  starting at 4:00 p.m. in the Town Annex Meeting Room,  261 George Ryder Road, on the following appeals:

Appeal No.  12-086:  Consuelo Berghausen, 11955 East 8th St., Tucson, AZ  05748, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA  02633, owner of property located at 21 Youngs Farm Lane, also shown on Assessors’ Book Page 9D as Lot G2.  The appellant proposes to expand a nonconforming single family dwelling via a 66 square foot addition and the 96 square foot enlargement of a deck on the easterly side, 26 feet from a Coastal Conservancy District (Flood Plain, el. 10) where a 50 foot setback is required.  The lot is nonconforming in that it contains 14,404 sq. ft. of buildable upland 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. 12-088:  Cynthia L. Leahy 2011 Revocable Trust, John & Cynthia Leahy, 162 Highland St., Weston, MA  02493, c/o Michael D. Ford, Esq., P.O. Box 485, W. Harwich, MA  02671, owners of property located at 448 Shore Rd., also shown on Assessors’ Book Page 16F as Lot A10.  The appellants propose to alter a nonconforming single family dwelling via the removal of an existing dwelling and carriage house and construction of a new dwelling.  The proposed new dwelling will comply with all of the dimensional requirements of the Protective Bylaw, with the exception of  roof overhang, 22.4 feet from the northerly lot line and 21.7 feet from the southerly lot line where a 25 foot setback is required from each lot line.  The lot is nonconforming in that it does not comply with the Lot Shape requirements of Section III.D.3.a.2.District Regulations, District Area Regulations, Specific Requirements, Lot Shape, which requires that a circle equal to the diameter of the required lot frontage be achieved on the parcel.  The property contains 42,689 square feet 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. 12-089:  Mark & Susan Lebovits, 51 Fairlee Rd., Newton, MA  02468, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA  02633, owners of property located at 87 Aunt Nabbys Lane, also shown on Assessors’ Book Page 10B as Lot B31.  The appellants are appealing the determination of the Building Commissioner/Chief Zoning Officer under Section VIII.D.2.a., Administration, Zoning Board of Appeals, Powers, Appeals, of the Protective Bylaw, as follows:

1.	That the placement of piping within the garage floor which is not connected to a water source or septic system is in violation of a condition included in Special Permit 12-022, which stated that no plumbing could be installed in the garage structure.

2.	That the construction of a covered entry on the southerly side 13.8 feet from the lot line is in violation of setback requirements and building coverage requirements, i.e., a 0.17% increase in building coverage over what was allowed in Special Permit 11-057.

3.	That a Certificate of Use and Occupancy is required for the project.



Alternatively, the appellants are requesting a Modification of Special Permit 12-022, to remove the condition that no plumbing be installed in the garage, and a Modification of Special Permit 11-057 to allow a 0.17% increase in building coverage and allow the covered entry to be located 13.2 feet from the property line where a 15 foot setback is required.  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 24,300 sq. ft. in an R-20 Zoning District.

Appeal No. 12-092:  John A. Wilson, 46 Pisctaqua Rd., Dover, NH   03820, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA  02633, owner of property located at 44 Scatteree Road, also shown on Assessors’ Book Page 16J as Lot WA2.  The appellant proposes to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of new dwelling, 12.6 feet from the westerly lot line where a 25 foot setback is required.  The existing dwelling is nonconforming in that it is located 4.7 feet from the westerly lot line where a 25 foot setback is required.  The lot is nonconforming in that it contains 31,387 sq. ft. where 40,000 sq. ft. is required and 140.37 linear ft. of frontage where 150 ft. is required.  The Zoning District is R-40. A Special Permit is required Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.

Appeal No. 12-058:  James & Janet Favaro, 192 Long Hill Rd., Oakland, NJ 07436, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA  02633, owners of property located at 13 Aunt Carries Rd., also shown on Assessors’ Book Page 3B as Lot B21.  Continued from the July 12, 2012 public hearing for expansion of a nonconforming single family dwelling.

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