Information for Meeting of Zoning Board of Appeals
Thursday March 10, 2016 3:00 PM EST

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, March 10, 2016, starting at 3:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 15-059: Town of Chatham,  c/o Ted Keon, Director of Coastal Resources, 261 George Ryder Road, Chatham, MA  02633,  owner of property located at 0 Mistover Lane, also shown on the Town of Chatham’s Assessors’ Map 17C Block 0 Lot 47A.    The Applicant proposes to construct a new stair system to re-establish pedestrian access to the shore at the town landing located at the eastern end of Water Street and within the Conservancy District.  The project includes construction of a new 10 foot by 8 foot viewing platform and a new 8 foot by 6 foot viewing platform and stair system from Water Street down to the beach.  The first viewing platform will be handicapped accessible and afford vistas of the ocean, Chatham Harbor, and the outer beach while the stairs will provide pedestrian access to the beach and shoreline of Chatham Harbor.  The lower stair section is designed to be removable if beach conditions deteriorate due to future erosion.  The proposed stairway and platforms will be located within the Municipal Zoning District.  A Special Permit is required under Section IV of the Protective Bylaw.  Continued from February 11, 2016.

Application No. 16-006: William and Marilyn Storff, c/o Mark Burgess, Shorefront Consulting, 290 Center Street, Dennis Port, MA  02639, owners of property located at 326 Morris Island Road, also shown on the Town of Chatham’s Assessors’ Map 15A1, Block 6, Lot H130. The Applicant proposes to change, alter, or expand a nonconforming use on a nonconforming lot via the installation of at-grade steps, and a 20 foot long elevated seasonal walkway (catwalk) located wholly within the Conservancy District.   The existing lot is nonconforming in that it contains 20,951 square feet where 40,000 square feet is required in the R-40 Zoning District.  A Special Permit is required under Section IV.A.3 and Section VIII.D.2.b of the Chatham Protective Bylaw.

Application No. 16-007: 19 Bearses Byway LLC, c/o William F. Riley, Esq. 156 Crowell Road, Chatham, MA  02633, owner of property located at 19 Bearses Byway, also shown on the Town of Chatham’s Assessors’ Map 15D Block 10 Lot 17.    The Applicant proposes to demolish the existing dwelling and construct a new dwelling.   The existing dwelling is nonconforming in that it has a road setback of 10.9 feet where 25 feet is required and a southerly abutter’s setback of 9.7 feet where 15 feet is required under Appendix II, footnote 4.  The proposed dwelling will also be nonconforming as it will have a road setback of 8.9 feet where 25 feet is required and a southerly abutter’s setback of 9.6 feet where 15 feet is required under Appendix II, footnote 4.  The lot is conforming in that it contains 6,071 square feet where 5,000 square feet is required in a GB-1 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. 16-012: Jonathan and Joanna Varholak, c/o William F. Riley, Esq., 154 Crowell Road, Chatham, MA  02633, owners of property located at 152 Old Wharf Road, also shown on the Town of Chatham’s Assessors’ Map 16J Block 3 Lot 13.    The Applicant proposes 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 has a northerly abutter’s setback of 23.6 feet where 25 feet is required and a road setback of 29.5 feet where 40 feet is required.  The proposed dwelling will also be nonconforming with a road setback of 35 feet where 40 feet is required.  The existing and proposed ridge elevation is 55.6 feet which represents 3.4 feet above the maximum height of 30 feet.  The existing building coverage is 2,067 square feet (5.7%) of the buildable upland and the proposed building coverage is 3,277 square feet (9.9%) where 10% is the maximum allowed.  The lot is nonconforming in that it contains 36,590 square feet where 40,000 square feet is required and contains 36,435 of buildable upland where 20,000 square feet is required in the R-40 Zoning District.   A Special Permit is required Section V.B. of the Chatham Protective Bylaw.  

Application No. 15-090: Edward J. Skopas, Trustee, c/o William G. Litchfield, Esq. 330 Orleans Rd, North Chatham, MA  02650, owner of property located at 214 Stage Island Road, also shown on the Town of Chatham’s Assessors’ Map 13A1 Block 7 Lot D165.    The Applicant proposes to change, alter or expand a nonconforming dwelling on a nonconforming lot via the construction of a covered porch on the east side and an addition on the north side of the dwelling, the alteration of various architectural details, and change to the upper story on the existing footprint but within the Coastal Conservancy District setback.  The existing dwelling is nonconforming in that it is located 11 feet from the top of the coastal bank where 50 feet is required.  The existing building coverage is 2,317 square feet (16.3%) and the proposed building coverage is 2,445 square feet (17.2%) where 15% is the maximum allowed.  The existing height of the ridge is 30.2 feet and the proposed height of the ridge will be 30.5 feet where 30 feet is the maximum allowed.  The lot is nonconforming in that it contains 14,193 square feet of buildable upland where 20,000 square feet is required.  The lot contains 50,400 square feet and located within the R-40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A, Section 6, and Section V.B.  of the Chatham Protective Bylaw.  Continued from January 14, 2016 for re-advertising.

Application No. 16-001: Nicole Bernard Dawes and Peter M. Dawes, c/o Aaron Polhemus, Polhemus Savery DaSilva, 157 Chatham-Brewster Road, Harwich, MA  02645, owners of the property located at 149 Cross Street, also shown on the Town of Chatham’s Assessors’ Map 14C Block 12 Lot 39.  The Applicants seek to change, alter or extend a nonconforming dwelling on a nonconforming lot via the installation of two exterior mechanical system appliances (AC condensers) on the east side of the dwelling.  The Applicant is also proposing to install two exterior mechanical system appliances (pool equipment and a generator) with a southeasterly abutter’s setback of 25.4 feet, southerly abutter’s setback of 25.5 feet and a southwesterly abutter’s setback of 25.2 feet where 25 feet is required.  The Applicant has the benefit of Special Permit No. 15-018 which allowed lifting of the original portion of the existing dwelling and placing on a new foundation, demolishing and constructing the rear portion of the existing dwelling, and constructing an addition.  The existing dwelling is nonconforming in that it has a road setback of 37.9 feet where 40 feet is required and the easterly abutter’s setback is 10.7 feet where 25 feet is required.  The proposed dwelling will conform to the road setback and will have an easterly setback of 10.7 feet but the proposed exterior mechanical system appliances will have an easterly abutter’s setback of 10 feet where 25 feet is required.  The existing building coverage is 1,145 square feet (7.03%) and the proposed building coverage is 2,229 square feet (13.68%) where 15% is allowed.  The lot is nonconforming in that the lot contains 16,269 square feet where 40,000 square feet is required and the lot frontage is 65.14 feet where 150 feet is required.  The lot is located within the R40 zoning district.  A Special Permit is required under Section V.B. of the Chatham Protective Bylaw.  Continued from February 11, 2016 for re-advertising.

Other Business:
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