Information for Meeting of Zoning Board of Appeals
Thursday February 23, 2017 4:00 PM EST

Town:Chatham, MA 
Board:Zoning Board of Appeals
Time:Thursday February 23, 2017 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, February 23, 2017, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on application nos. 17-002, 17-003, 16-098 and 16-101, which were rescheduled from February 9, 2017 as a result of a meeting cancellation due to weather:

Application No. 17-002: Thorp Foster, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 166 Cross Street, also shown on the Town of Chatham’s Assessors’ Map 14C Block 62 Lot D4.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of an addition and a portico.  The proposed addition and portico will conform to the setback requirements of the Bylaw. The existing building coverage is nonconforming at 2,438 square feet (15.2%) and the proposed building coverage will remain nonconforming at 2,773 square feet (17.3%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 16,053 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.   

Application No. 17-003: Colleen Burgess, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 20 Spring Hill Road, also shown on the Town of Chatham’s Assessors’ Map 14I Block 38F Lot N27A.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a covered porch within the abutters’ setback.  The existing dwelling is nonconforming in that it is setback of 22.53 feet from the northerly abutters’ setback and 21.87 feet from the southerly abutters’ setback where 25 feet is required.  The proposed covered porch will be nonconforming in that it will be 8.57 feet from the southerly abutters’ setback where 25 feet is required.  The lot is nonconforming in that it contains 35,720 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. 16-098: Joseph Hannigan, c/o William F. Riley, Esq., PO Box 707, Chatham, MA  02633, agreed vendee of the property located at 558 Fox Hill Road, also shown on the Town of Chatham’s Assessors’ Map 11M Block 6 Lot P1.  The Applicants seek to change, alter or extend a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and pool and the construction of a new dwelling and pool.   The existing dwelling and pool are nonconforming in that they are within the setback to the Coastal Conservancy District, 16.5 feet (dwelling) and 22.9 feet (pool).  The proposed dwelling and pool will continue to be nonconforming in that the dwelling will be 15.8 feet, a deck will be 9.4 feet and the pool will be 11.8 feet from the Coastal Conservancy District where a 50 foot setback is required.  The existing dwelling is also nonconforming in that it has a ridge height of 35.8 feet, from average grade.  The proposed dwelling will be nonconforming with a ridge elevation of 35.7 feet, from average grade where 30 feet is the maximum allowed. The existing building coverage is 2,951 square feet (7.3%) and the proposed building coverage is 4,022 square feet (10%) where 10% is the maximum allowed.  The lot is conforming in that it contains 111,078 square feet 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. Continued from January 12, 2017.

Application No. 16-101: Kevin and Hope Foley, c/o Sarah Turano-Flores, Esq., PO Box 1630, Hyannis, MA 02601, owners of property located at 127 Old Salt Works Road, also shown on the Town of Chatham’s Assessors’ Map 13M Block 18 Lot C37. The Applicant proposes to change, alter, or expand a nonconforming structure on a nonconforming lot via the demolition of the existing dwelling and garage and construction of a new dwelling, garage and swimming pool. The existing structures are nonconforming in that they are located wholly within the Coastal Conservancy District where a 50 foot setback is required.  The existing dwelling is nonconforming in that it is located 24.1 feet from the road where 40 feet is required.   The existing garage is nonconforming in that it is located 26.2 feet from the road where 40 feet is required.  The proposed dwelling, garage and swimming pool will conform to road and abutter setback requirements but will continue to be nonconforming as to the Coastal Conservancy District setback.  The existing building coverage is 2,891 square feet and the proposed is 2,889 square feet where 2,800 square feet is the maximum allowed. The lot is nonconforming in that it contains no buildable upland where 20,000 square feet is required and contains 21,441 square feet where 40,000 square feet is required in an R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Sections IV.A.6.d and V.B. of the Chatham Protective Bylaw.  Continued from January 26, 2017.

Applications originally scheduled for Thursday, February 23, 2017 in the Town Annex Large Meeting Room:

Application No. 17-001: David and Andrea Smith, c/o James M. Norcross, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 364 Old Harbor Road, also shown on the Town of Chatham’s Assessors’ Map 15G Block 8 Lot 29.  The Applicant seeks to enlarge, extend, or change a nonconforming accessory structure via the conversion and second floor expansion of the existing garage to an office and owners quarters.  The applicant also proposes to reconfigure the interior of the main structure maintaining a total of eight one-bedroom guestrooms.  The existing use, boarding or rooming house, was permitted under Section VII.B.5. of the Bylaw by Special Permit No. 12-093.The accessory structure will remain nonconforming as to the westerly abutters’ setback at 16.9 feet where 25 feet is required.  The lot is nonconforming in that it contains 20,598 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. and Section VII.B.5. of the Protective Bylaw. 

Application No. 17-004: Gwyn Brittigan, c/o Richard Roy, 123A Queen Anne Road, Harwich, MA  02645, owner of the property located at 43 Sears Road, also shown on the Town of Chatham’s Assessors’ Map 12A Block 14 Lot I1.  The Applicants seek to relocate and construct an addition on a historic structure (located at 181 Champlain Road) to be used as the primary dwelling on the lot.  The proposed floor area of the primary dwelling is 2,666 square feet and the floor area of the guest house is 1,853 square feet, which accounts for 69% of the floor area of the primary dwelling.   The applicant is seeking a Variance from the dimensional requirement set forth in Section VII.B.12.a., which requires the floor area of the guest house to be less than 50% of the principal dwelling.  The existing building coverage is 2,479 square feet (4.36%) and the proposed building coverage is 4,733 square feet (8.3%) where 10% is the maximum allowed.  The lot was created as part of a 2003 subdivision as a panhandle lot with 134 +/- feet of frontage where 150 feet is required.  The lot contains 102,881 square feet where 40,000 square feet is required in the R40 Zoning District.  A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw.

Application No. 17-005: Gregory, Joanne and Brenda Caggiano, c/o Richard Roy, 123A Queen Anne Road, Harwich, MA 02645, owners of property located at 117 Cranberry Lane (SC), also shown on the Town of Chatham’s Assessors’ Map 7C Block 15 Lot G33A. The Applicant proposes to change, alter, or expand a nonconforming structure on a nonconforming lot via the addition of a second floor and reconstruction of a deck.  The existing dwelling is located partially within the Coastal Conservancy District (Flood Plain ele. 11) and entirely within the setback to the Conservancy District where a 50 foot setback is required.  The existing dwelling (deck) is nonconforming in that it is located 14.6 feet from the northeasterly abutter where 15 feet is required.  The proposed second floor addition will comply with road and abutters setback requirements.  The proposed reconstructed deck will conform to road and abutter setback requirements.  The existing and proposed building coverage is 1,119 square feet (15.5%) where 15% is the maximum allowed. The lot is nonconforming in that it contains 11,000 square feet and contains 7,211 square feet of buildable upland where 20,000 square feet is required in an 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.

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 06, 2017 10:38 AM EST
Last Modified:Feb 08, 2017 11:38 AM EST
Minutes:Minutes are on record with the Town Clerk's office
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