Information for Meeting of Zoning Board of Appeals
Thursday August 22, 2019 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, August 22, 2019, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 19-058: Paul and Patricia Swenson, c/o Theodore Streibert, 15 Linden Tree Lane, Chatham, MA 02633, owners of property located at 3 Scallop Terrace, also shown on the Town of Chatham’s Assessors’ Map 15A Block 9C Lot H14A.  The Applicant seeks to modify Special Permit No. 18-079 granted on October 11, 2018, which allowed for the demolition of the existing dwelling and construction of a new dwelling and new driveway.  The Applicant now seeks to modify the Special Permit to allow for a change to the approved building coverage and setbacks from the road and southwesterly abutter.  The approved dwelling was nonconforming in that the egress stairs were to be located -0.4 feet from the Scallop Terrace and the ground level deck to be 11.6 feet from the southwesterly.  The proposed modification to the Special Permit will allow for the egress stairs to be located -1.6 feet from the Scallop Terrace where a 40 foot setback is required and the ground level deck to be 11.3 feet from the southwesterly abutter where a 25 foot setback is required.  The approved building coverage was 767 square feet and the proposed building coverage is 772 square feet where 2,800 square feet is the maximum allowed.  The lot is nonconforming in that it contains 0 square feet of buildable upland where 20,000 square feet is required and contains 5,709 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 Sections 6 and 9 and Sections V.B. and VIII.D.2.b. of the Protective Bylaw.

Application No. 19-063: Ernest A. Walen III & Deborah A. Walen, c/o Rick Roy, PO Box 768, North Chatham, MA 02650, owner of property located at 43 Shattuck Lane, also shown on the Town of Chatham’s Assessors’ Map 15C Block 14 Lot 4.  The Applicant seeks to enlarge, extend, or change a nonconforming accessory structure (garage) on a nonconforming lot via demolition of the existing garage and the construction of a new garage.  The existing garage is nonconforming in that it is located 20.9 feet from Grist Mill Lane, 2 feet from the northerly abutter and 3.3 feet from the southerly abutter.  The proposed garage will be nonconforming in that it will be located 20.9 feet from Grist Mill Lane where a 40 foot setback is required, 2 feet from the northerly abutter and 1.9 feet from the southerly abutter where a 25 foot setback is required.  The existing building coverage is 1,744 square feet (12.1%) and the proposed building coverage is 1,919 square feet (13.3%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 14,541 square feet of buildable upland where 20,000 square feet is required and contains 28,800 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 Section V.B. of the Protective Bylaw.   

Application No. 19-064: Richard and Cecilia Canning, c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA 02671, owner of property located at 40 Dune Drive, also shown on the Town of Chatham’s Assessors’ Map 16A Block 9 Lot C5.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the elevation of the existing dwelling, removal and expansion of a deck, construction of a stairway, relocation of Exterior Mechanical System Appliances (A/C units and generator) and the relocation of the driveway.  The existing dwelling to be elevated is nonconforming in that it is located 20.1 feet from the northerly abutter, 20.4 feet from the southerly abutter and is located entirely within the Coastal Conservancy District (Flood Plain ele. 13).  The proposed stairway will be nonconforming in that it will be located 17.3 feet from the southerly abutter where a 25 foot setback is required.  The relocated Exterior Mechanical System Appliances will be nonconforming in that they will be located 17.2 feet from the northerly abutter where a 25 foot setback is required.  Also proposed is the relocation and expansion of the existing nonconforming driveway.  The building coverage will remain 2,446 square feet where 2,800 square feet is the maximum allowed.  The lot is nonconforming in that it contains 94.25 feet of frontage where 150 feet is required, 0 square feet of buildable upland where 20,000 square feet is required and contains 32,200 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 Sections 6 and 9 and Sections V.B. and VIII.D.2.b. of the Chatham Protective Bylaw.

Application No. 19-065: Stage Harbor Enterprises LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 7 Champlain Road, also shown on the Town of Chatham’s Assessors’ Map 13A Block 4 Lot 23A.  The Applicant seeks a Dimensional Variance from the required abutters setbacks for the construction of a 18 foot 4 inch by 47 foot wharf building.  The proposed structure will be located 4 feet from the easterly abutter.  A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw.  Under Application No. 19-066, the Applicant seeks a Special Permit to demolish the existing wharf building and construct a new wharf building.  The existing wharf building is nonconforming in that it is located 8.1 feet from the easterly abutter and the existing ramp is nonconforming in that it is located 6.6 feet from the westerly abutter.  The proposed wharf building will be nonconforming in that it will be located 4 feet from the easterly abutter and the proposed ramp will be nonconforming in that it will be located 1.8 feet from the westerly abutter where a 25 foot setback is required.  Also proposed is the demolition of the existing pier and construction of a new pier.  The existing building coverage is 2,659 square feet and the proposed building coverage is 2,506 square feet where 2,800 square feet is the maximum allowed.  The lot is nonconforming in that it contains 42 square feet of buildable upland where 20,000 square feet is required and contain 9,200 square feet of land area where 40,000 square feet is required in the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 and 9 and Sections V.B. and VIII.D.2.b. of the Protective Bylaw.  

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.

Robert Hessler
Chairman