Information for Meeting of Zoning Board of Appeals
Thursday March 07, 2019 4:00 PM EST

Town:Chatham, MA 
Board:Zoning Board of Appeals
Time:Thursday March 07, 2019 4:00 PM EST
Location:Annex - Large Meeting Room
261 George Ryder Road, Chatham, MA 02633
Annex Large Meeting Room
Agenda:
TOWN OF CHATHAM
ZONING BOARD OF APPEALS
AMENDED AGENDA

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, March 7, 2019, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 16-091: CBI 20 45 Chatham Bars Avenue LLC, c/o Matthew Kozol, Esq., 31 St. James Avenue, Suite 925, Boston, MA  02116, appealed the issuance of a Cease and Desist order of the Building Commissioner, issued on October 13, 2016 for the property located at 45 Chatham Bars Avenue, also shown on the Town of Chatham Assessors Map 15D Block 39 Lot C16.  The applicant seeks to have the Building Commissioner’s Cease and Desist Order reversed.  The property contains 34,848 square feet in an R20 Zoning District.  The Applicant appealed under Section VIII.D.2.a. Administration, Powers, Appeals, of the Town of Chatham Protective Bylaw and M.G.L Chapter 40A, Sections 8 & 15. Continued from January 26, 2017, May 25, 2017, September 28, 2017, May 24, 2018, November 15, 2018 and February 28, 2019. 

Application No. 18-089: 433 Main Street LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owners of property located at 433 Main Street, also shown on the Town of Chatham’s Assessors’ Map 15D Block TIB Lot RON.  The Applicant seeks to enlarge, extend, or change two nonconforming dwellings on a nonconforming lot via the demolition of the existing dwellings located at 427 and 435 Main Street and the construction of two new dwellings. The existing structure located at 427 Main Street is nonconforming in that it is setback 2 feet from the southerly abutter and 4 feet from the easterly abutter where 5 feet is required.  The existing dwelling located at 435 Main Street is nonconforming in that it is setback 3 feet from the southerly abutter and 3 feet from the westerly abutter where 5 feet is required.  The proposed dwellings will comply with the bulk and dimensional requirements of the Bylaw. The existing lot coverage is 8,926 square feet (76.7%) and the proposed lot coverage is 8,624 square feet (74.1%) where 90% is the maximum allowed.  The lot contains 11,638 square feet in the GB1 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Sections V.B. of the Protective Bylaw.  Continued from December 6, 2018, January 24, 2019 and February 7, 2019.  Applicant has requested a continuance to April 11, 2019.

Application No. 19-010: Jennifer, Gregory and Elizabeth Bowen, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 30 Striper Lane, also shown on the Town of Chatham’s Assessors’ Map 15D Block 67 Lot 41.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of an addition and deck.  The existing dwelling is nonconforming in that it is located 7.3 feet from the road where a 25 foot setback is required and is located 2.7 feet from the westerly abutter where a 15 foot setback is required.  The proposed addition and deck will conform to road and abutter setback requirements.  The existing building coverage is 1,516 square feet (15.4%) and the proposed building coverage is 1,848 square feet (18.7%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 9,865 square feet where 20,000 square feet is required in the R20 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 Section V.B. of the Protective Bylaw.   

Application No. 19-011: Lindy J. Bigliazzi, Jr. c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 12 Pond Street, also shown on the Town of Chatham’s Assessors’ Map 14D Block 7 Lot M8.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and construction of a new dwelling.  The existing dwelling is nonconforming in that it is located 21.4 feet from the southeasterly abutter and 18.5 feet from the northerly abutter and 22 feet from the Coastal Conservancy District (Flood Plain ele. 11).  The proposed dwelling will be nonconforming in that it will be located 15.5 feet from the northerly abutter where a 25 foot setback is required and 10 feet from the Coastal Conservancy District where a 50 foot setback is required.  The existing building coverage is 2,011 square feet (17.7%) and the proposed building coverage is 2,470 square feet (21.75) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 11,355 square feet of buildable upland where 20,000 square feet is required and contain 17,101 square feet where 40,000 square feet is required in the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Sections V.B. and VIII.D.2.b. of the Protective Bylaw.   

Application No. 19-012: Salt Pond LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owners of property located at 26 Salt Pond Road, also shown on the Town of Chatham’s Assessors’ Map 17J Block 9 Lot 1.  The Applicant seeks to modify Special Permit No. 17-006 granted on March 9, 2017, which allowed for demolition of the existing garage and construction of a new garage with second floor habitable space.  Also proposed is the modification of Special Permit No. 17-115, granted on January 25, 2018, which allowed for the construction of an addition to the existing dwelling.  The Applicant now seeks to modify the above referenced Special Permits to allow for the construction of an addition to the dwelling and the construction of an exterior stairway on the approved garage.   The existing dwelling is nonconforming in that it has a ridge height of 33.2 feet, which will remain unchanged, and is located 0 feet from the Coastal Conservancy District (Flood Plain ele. 14).  The proposed two story bay window addition will be nonconforming in that it will be located 10 feet from the Coastal Conservancy District where a 50 foot setback is required.  The proposed stairway and landing addition will be nonconforming in that it will be located 0 feet from the Coastal Conservancy District where a 50 foot setback is required.  The approved building coverage is 3,627 square feet (40.6%) and the proposed building coverage is 3,644 square feet (40.8%) where 15% is the maximum allowed.  The lot is conforming in that it contains 3.71 acres but is nonconforming in that it contains 8,924 square feet of buildable upland where 20,000 square feet is required in an R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Section V.B. of the Chatham Protective Bylaw.

Application No. 19-013: David and Ashley Miller, c/o Jon Leonard, 16 Industry Way, Unit A, Orleans, MA 02653, owner of property located at 528 Training Field Road, also shown on the Town of Chatham’s Assessors’ Map 9K Block 6 Lot 1.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a dormer.  The existing dwelling is nonconforming in that it is located 11.5 feet from the road.  The proposed dormer will be nonconforming in that it will be located 25 feet from the road where a 40 foot setback is required.  The building coverage will remain 2,527 square feet (6.6%) where 10% is the maximum allowed.  The lot is nonconforming in that it contains 38,117 square feet where 60,000 square feet is required in the R60 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 Section V.B. of the Protective Bylaw.   

Application No. 18-095: 20 45 Chatham Bars Avenue LLC, c/o Andrew L. Singer, Esq., PO Box 67, Dennis Port, MA  02639, owners of property located at 20 Chatham Bars Avenue, also shown on the Town of Chatham’s Assessors’ Map 15D Block 47 Lot 95.  The Applicant seeks a Special Permit under Section III.D.3.i. to allow a use permitted in the less restrictive zone to be authorized for the entire lot.  If the commercial use of the lot is allowed, a Special Permit under Section III.C.4.c.4. is required for two 3-bedroom apartments incidental to a commercial use (professional office).  The existing structure is and will remain nonconforming in that it is setback 12.7 feet from the private way where 25 feet is required.  The parking areas are nonconforming in that they are located 5 feet from the southerly abutter, 10 feet from the easterly abutter and 0 feet from the private way.  The existing lot coverage is 9,239 square feet (52.7%) and the proposed lot coverage is 10,104 square feet (57.7%) where 70% is the maximum allowed.  The lot is nonconforming in that it contains 17,523 square feet where 20,000 square feet is required for the proposed uses in the R20/GB2 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 & 9 and Sections III.C.4.c.4, III.D.3.i., V.B. & VIII.D.2.b. of the Protective Bylaw.  Under Application No. 18-094, the Applicant seeks a Dimensional Variance from the floor area requirement that 51% of the structure be utilized as commercial space and the land area requirement for two (2) apartments incidental to a commercial use.  A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw.  Continued from December 6, 2018, December 20, 2018, January 24, 2019 and February 7, 2019.

Other Business:
Approval of minutes 
Public Comments 

Plans, site plans, and all other documents related to these Applications 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.

The full agenda for this meeting will be posted at: www.mytowngovernment.org/02633 at least 48 hours prior to the meeting, excluding Saturdays, Sundays and legal holidays.

David Nixon
Chairman
Scheduled By:Sarah Clark
Posted At:Feb 11, 2019 12:53 PM EST
Last Modified:Mar 04, 2019 11:06 AM EST
Minutes:Minutes are on record with the Town Clerk's office
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Feb 15, 2019 11:58 AM ESTAgenda Details...
Mar 01, 2019 11:14 AM ESTAgenda Details...
Mar 04, 2019 11:06 AM ESTAgenda Details...