Information for Meeting of Zoning Board of Appeals
Thursday September 10, 2015 4:00 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, September 10, 2015, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 15-048: Erin M. O’Brien and Christian Treiber,  c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650, owner of property located at 74 Mill Pond Road,  also shown on the Town of Chatham’s Assessors’ Map 15C Block 5 Lot 12.  The Applicant seeks to enlarge, extend, or change a nonconforming structure on a nonconforming lot via the construction of a four by eleven foot addition 20.3 feet from the road, a six by eight foot addition 18.4 feet from the road, and stairs 15 feet from the road where 40 feet is required.  Also, proposed is an expansion of an existing deck and construction of stairs within the 50 foot setback from the Conservancy District.  The existing structure is nonconforming in that it is located 17.6 feet from the road where 40 feet is required, and is located partially within the 100 year flood zone/top of coastal bank where 50 feet is required.  A second existing structure is located 2.9 feet from the abutters setback where 25 feet is required, but is not proposed to be changed.  The existing building coverage is 1,991 square feet (39%) and the proposed building coverage is 2,098 square feet (41%) of buildable upland where 15% is allowed.  The lot is nonconforming in that it contains 15,300 square feet where 40,000 square feet is required, 5,101 square feet of buildable upland where 20,000 square feet is required, and contains two dwellings where one is allowed.  The zoning district is R-40.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Section V.B. of the Chatham Protective Bylaw.  

Application No. 15-049: Barry A. Finn and Leslee G. Finn, Trustees,  c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650, owner of property located at 321 Ridgevale Road,  also shown on the Town of Chatham’s Assessors’ Map 6C Block 32 Lot G4.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and the construction of a new dwelling.  The existing dwelling is nonconforming in that it is located 13.4 feet from the abutter’s setbacks, both southeasterly and northeasterly, where 15 feet is required.  The existing shed is nonconforming in that it has a 2.3 foot northwesterly abutter’s setback where 15 feet is required.  The proposed shed will have an 8.6 foot westerly abutter’s setback where 15 feet is required.  The proposed dwelling will meet the dimensional requirements of the bylaw, but is considered a substantial alteration of a nonconforming dwelling, and under the Second Except Clause of Section VI of M.G.L. Chapter 40A, such substantial alteration requires the grant of a Special Permit.  The existing building coverage is 988 square feet (8%) and the proposed building coverage is 1,765 square feet (14.3%) where 15% is the maximum allowed, but not more than 2,800 square feet.  The lot is nonconforming in that it contains 14,113 square feet where 20,000 square feet is required, and contains 12,300 square feet of buildable upland where 20,000 square feet is required.  In addition, the lot has 90 feet of frontage on a way where 100 feet is required.  The lot is located is located within the R-20 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. 15-052: Abu Construction, Inc., , c/o William F Riley, Esq., 156 Crowell Road, Box 707, Chatham, MA  02633,  owner of property located at 700 Old Harbor Road, also shown on the Town of Chatham’s Assessors’ Map 16I Block 15 Lot 12.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of a portion of the dwelling and construction of an addition.  The existing dwelling is nonconforming in that it has a road setback of 22.9 feet and 24.1 feet where 40 feet is required and its southerly abutter’s setback is 24.4 and 24.6 feet where 25 feet is required.  The existing garage/barn is nonconforming in that it has a northerly abutter’s setback of 5.7 feet and an easterly abutter’s setback of 12.2 feet where 25 feet is allowed.  The lean-to addition to the garage/barn will be replaced, maintaining the same dimensions.  The lot contains two sheds, both of which have nonconforming southerly abutter’s setbacks of 0.7 feet and 3.2 feet.  The Applicant proposes to remove the non-historic additions and construct a new addition that will meet all dimensional requirements.  The existing building coverage is 2,418 square feet (12%) and the proposed building coverage is 2,848 square feet (14%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 19,516 square feet where 40,000 square feet is required and 121.09 feet of frontage where 150 feet of frontage is required in the R-40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A, Section 6, and Section V.B. of the Protective Bylaw.  

Application No. 15-050: Heather H. Kany,  c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650, owner of property located at 43 Wells Hollow,  also shown on the Town of Chatham’s Assessors’ Map 12I Block 9E Lot GB42.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a 396 square foot addition and expanded deck on the south side and a 516 square foot garage on the north side of the existing dwelling.  The existing dwelling is nonconforming in that it has a road setback of 37.2 feet where 40 feet is required and is located wholly within the 50 foot setback from the top of the bank/flood zone.  The Applicant also seeks a Variance under Section VIII.D.2.c. of the Bylaw in conjunction with the above in that the construction will increase lot coverage from a conforming 12.8% of buildable upland where 15% is maximum allowed under Appendix II to a nonconforming 21.9%, and thereby creating a new nonconformity.  The Applicant also seeks a Special Permit under Section IV.A.3 a. to construct a catwalk within a Coastal Conservancy District.  The lot is conforming in that it contains 89,989 square feet where 40,000 square feet is required, but is nonconforming in that it contains 10,129 square feet of buildable upland where 20,000 square feet is required.  The Zoning District is R-40.  A Special Permit is required under M.G.L. Chapter 40A, Section 6, and Section V.B. of the Protective Bylaw.  A Variance is also required under Chapter 40A, Section 10, and Section VIII.D.2.c. of the Protective Bylaw and a Special Permit is required under Section VIII.D.2.b. for the construction of the catwalk within a Coastal Conservancy District.  

Application No. 15-051: Jackson Smith, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650,  owner of property located at 751 Crowell Road, also shown on the Town of Chatham’s Assessors’ Map 11J Block 1 Lot 15.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a second floor to the garage/guest house and an addition and two porches to the main dwelling.  The existing main dwelling is nonconforming in that it has a road setback of 18.5 feet where 40 feet is required.  The garage/guest house is nonconforming in that it has a road setback of 33.1 feet where 40 feet is required and a westerly abutter’s setback of 3.9 feet and a southerly abutter’s setback of 8.1 feet where 25 feet is required.  The proposed addition to the main dwelling will have a westerly abutter’s setback of 15.9 feet where 25 feet is required and a road setback of 34.6 feet where 40 feet is required. The existing building coverage is 1,613 square feet (11.7%) and the proposed building coverage is 2,190 square feet (15.9%) where 15% is the maximum allowed thereby creating a new nonconformity.  The lot is nonconforming in that it contains 13,779 square feet where 60,000 square feet is required in the R-60 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A, Section 6, and Section V.B. of the Protective Bylaw.  A Variance is required under Section VIII of the Protective Bylaw.

Application No. 15-038: Frank & Susan Pinto, c/o Michael D. Ford, Esq., 72 Main Street, Box 485, West Harwich, MA  02671, owner of property located at 171 Queen Anne Road, also shown on the Town of Chatham’s Assessors’ Map 14E Block 16 Lot 12.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the raising of the existing dwelling onto a new foundation and construct a new 534 square foot addition.  The existing dwelling is nonconforming in that it has an easterly abutter’s setback of 23.1 feet where 25 feet is required and a road setback of 33.2 feet where 40 feet is required.   The proposed dwelling will not create any new nonconformities. The existing building coverage is 1,139 square feet (10.18%) and the proposed dwelling will have a building coverage of 1,677 square feet (14.96%).  The lot is nonconforming in that it contains 78.97 feet of frontage where 150 feet is required, and contains 13,566 square feet where 40,000 square feet is required in the R-40 Zoning District.  A Special Permit is required under Section V.B., of the Chatham Protective Bylaw.  Continued from August 13, 2015.
  
Other Business:
Remote Participation
Approval of minutes  

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.

Robert B. Hessler
Chairman