Information for Meeting of Zoning Board of Appeals
Thursday October 12, 2017 4:00 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
AMENDED AGENDA

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, October 12, 2017, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 17-082: Frank and Susan Pinto, c/o Michael D. Ford, Esq., PO 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.  On Remand from the Massachusetts Superior Court, the Applicants seek consideration of the revised plans.  On September 10, 2015, the Applicants were granted Special Permit No. 15-038 which allowed the Applicants to construct an addition to the existing dwelling.  The Applicant seeks to modify Special Permit No. 15-038, or in the alternative seeks a new Special Permit via the demolition of the existing dwelling and construction of a new dwelling.  The existing dwelling is nonconforming in that it has an easterly abutter’s setback of 23.1 feet where 25 feet is required and is setback 33.2 feet from the road where 40 feet is required.   The proposed dwelling will comply with all bulk and dimensional requirements of the Bylaw. The existing building coverage is 1,139 square feet (10.19%) and the proposed dwelling will have a building coverage of 1,677 square feet (15%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 78.97 feet of frontage where 150 feet is required and contains a total of 13,566 square feet of which 11,180 square feet is registered residential land 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 Chatham Protective Bylaw.  The applicant has requested a continuance to November 2, 2017 for re-advertising. 

Application No. 17-080: Kevin and Patricia Barry, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 110 Sea Shells Drive, also shown on the Town of Chatham’s Assessors’ Map 1A Block 2 Lot S1.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the removal of a portion of the rear deck, extension of the rear deck, reconfiguration of the entry stairway, demolition and reconstruction of the second floor deck, construction of dormers, a cantilevered addition and the installation of a 6x6 shed.  Also proposed is the installation of beach access stairs over the Coastal Bank.  The existing dwelling is nonconforming in that it is 31 feet from average grade where 30 feet is maximum allowed, is located 14.9 feet from the easterly abutters setback where 15 feet is required and encroaches into the Conservancy District (Flood Plain ele. 13) where a 50 foot setback is required.  All proposed work will conform to road and abutter setback requirements however will remain nonconforming as to the setback from the Conservancy District.  The existing building coverage is 1,169 square feet (14.36%) and the proposed building coverage is 1,220 square feet (14.99%) where 15% is the maximum allowed.  The lot is conforming in that it contains 24,297 square feet where 20,000 square feet is required but is nonconforming in that it contains 8,140 square feet of buildable upland 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 and Sections IV.A.3.a. and V.B. of the Chatham Protective Bylaw.   

Application No. 17-083: 49 Black Duck Landing Realty Trust, c/o George Seibert, 49 Black Duck Landing, Chatham, MA 02633, owner of property located at 49 Black Duck Landing, also shown on the Town of Chatham’s Assessors’ Map 13B Block 40 Lot B3.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construct a deck.   The existing dwelling is nonconforming in that it is setback 30.9 feet from the road, 20.3 feet from the easterly abutter and 15.8 feet from the westerly abutter. The proposed deck will be nonconforming in that it will be 23.2 feet from the easterly abutter and 19.7 feet from the westerly abutter where 25 feet is required.  The lot is nonconforming in that it contains 30,876 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. 17-084: Jarido Nominee Trust, c/o John Wisentaner, PO Box 303, West Chatham, MA 02669, owner of property located at 66 Ridgevale Road South, also shown on the Town of Chatham’s Assessors’ Map 7B Block 16 Lot G61.  The Applicants seek to construct a 306 square foot deck.   The existing dwelling is nonconforming in that it is located 19.5 feet from the road where a 25 foot setback is required, 12.6 feet from the westerly abutter where a 15 foot setback is required and is located 16 feet from the Coastal Conservancy District (Flood Plain ele. 13) where a 50 foot setback is required.  The proposed deck will be nonconforming in that it will be located 7.5 feet from the Coastal Conservancy District.  The lot is nonconforming in that it 60.65 feet of frontage where 100 feet is required, contains 7,590 square feet and 4,530 square feet of buildable upland 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 and Section V.B. of the Chatham Protective Bylaw.  

Application No. 17-085: Priscilla J. Smith, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owner of property located at 41 Cedar Street, also shown on the Town of Chatham’s Assessors’ Map 14C Block 58 Lot C1A.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of an addition and a deck on the west side of the property.  The proposed addition and deck will comply with the all bulk and dimensional requirements of the Bylaw, but is considered a substantial alteration and under the Second Except Clause of Section 6 of M.G.L. Chapter 40A, such substantial alteration requires the grant of a Special Permit.  The existing dwelling is nonconforming in that it is located 39.3 feet from the road where 40 feet is required, and is located 24.2 feet from the southerly abutter where 25 feet is required.  The existing building coverage is 1,497 square feet (9.6%) and the proposed building coverage is 2,093 square feet (13.4%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 141.03 feet of frontage where 150 is required and contains 15,627 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. 17-086: Owen Rogers, owner of property located at 16 Aunt Mattie’s Road, also shown on the Town of Chatham’s Assessors’ Map 8E Block 28 Lot E5.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing porch and construction of an addition.  The proposed addition will be constructed on the same footprint as the existing porch but due to an increase in height within the setback the grant of a Special Permit is required.  The existing dwelling is nonconforming in that it is located 15.7 feet from the road where 25 feet is required, and is located 12.2 feet from the easterly abutter where 15 feet is required.  The existing and proposed building coverage is 1,074 square feet (12.07%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 8,900 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 and Section V.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.

David Nixon
Chairman