Information for Meeting of Zoning Board of Appeals
Thursday June 11, 2015 3:00 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, June 11, 2015, starting at 3:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 15-022: Heptagon Holdings LLC, c/o Mark Zibrat, 63 Crowell Road, Chatham, MA  02633, owner of the property located at 411 Stage Harbor Road, also shown on the Town of Chatham’s Assessors’ Map 13B Block 36 Lot 23.  The Applicant seeks to change, alter or extend a nonconforming dwelling on a nonconforming lot via the construction of an addition.  The existing dwelling and proposed addition comply with current setbacks and the height restriction.  The existing building coverage is 3,195 square feet (10.8%) and the proposed building coverage is 3,410 square feet (11.6%) where 10% is the maximum allowed.  The lot is nonconforming in that it contains 29,505 square feet where 40,000 square feet is required.  The lot is located within the R40 zoning district.  A Special Permit is required under Section VB of the Chatham Protective Bylaw.  

Application No. 15-024: Cumberland Farms, Inc., c/o E. James Veara, Esq., 828 Main Street, Dennis, MA  02638, owner of property located at 678 and 686 Main Street, also shown on Assessors Map 14E, Block 49, Lot 28 and Map 14E, Block 49, Lot 28A.  The Appellant is requesting the grant of a Permit by the Sign Code Appeals Committee to place a wall sign on the westerly side of the building which faces the Community Center and not a public way.  In the Chatham Sign Code, Section 225-4 A. states “One wall sign per established business for each street frontage not exceeding a total of 10% of that building face including the window area, but not to exceed three feet in height, advertising only the business carried on and/or services and products made or sold on the premises.”  The Zoning District is GB2 with a small portion to the north in R-20.  The lot(s) contain 43,327 square feet where 7,000 square feet are required.   A Permit is sought under Section 225-19 of the Chatham Sign Code, which allows for the grant of a permit varying the specific requirements of the Bylaw when the site is appropriate, the signs will not be a nuisance or adversely affect the neighborhood, and the requirements for the permit are in accord with the general spirit and intent of the Bylaw.  

Application No. 15-025: Hilary Foulkes c/o Mark Zibrat, 63 Crowell Road, Chatham, MA  02633, owner of property located at 16 Flakeyard Way, also shown on Assessors Map 2A, Block 45, Lot 60.  The Appellant proposes to expand a nonconforming dwelling on a nonconforming lot via the demolition of an existing porch and the construction of an addition and porch.  The existing dwelling is nonconforming in that the easterly abutter’s setback is 2.4 feet (the existing porch) where 15 feet is required.  The existing dwelling is also nonconforming in that it is 14 feet from the Conservancy District where 50 feet is required.  The proposed dwelling is nonconforming in that it will have an easterly abutter’s setback of 2.3 feet (proposed porch) where 15 feet is required.  The existing and proposed dwelling have an easterly abutter’s setback of 1.5 feet (deck) which will remain unchanged.  The existing building coverage is 1,023 square feet (19.3%), the proposed building coverage is 1,058 square feet (20.0%) where 15% is the maximum allowed.  The lot contains 15,798 square feet where 20,000 square feet is required in the R20 Zoning District.   A Special Permit is required under Section VB of the Chatham Protective Bylaw.    

Application No. 15-026: Wendy DeFeudis, 91 Coles Pond Drive, South Dennis, MA  02660, agreed leasee of the property located at 2570 Main Street, also shown on Assessors Map 3D, Block 48, Lot 19.  The Appellant is requesting the grant of a Permit by the Sign Code Appeals Committee to place a ground sign on the front area facing Main Street.  In the Chatham Sign Code, Section 225-24 B. states “One single- or double-faced sign per property advertising an allowed business use which shall not exceed six square feet per face.”  The Applicant is seeking approval for a 48 inch by 56 inch, 18.4 square foot ground sign.  The ground sign is in addition to a proposed wall sign which complies with the Sign Bylaw.  The Zoning District is Small Business (SB) and the lot contains 5,688 square feet where 20,000 square feet is required.   A Permit is sought under Section 225-19 of the Chatham Sign Code, which allows for the grant of a permit varying the specific requirements of the Bylaw when the site is appropriate, the signs will not be a nuisance or adversely affect the neighborhood, and the requirements for the permit are in accord with the general spirit and intent of the Bylaw.  

Application No. 15-027: Stephen and Maureen Hadded, c/o William F. Riley, Esq., 156 Crowell Road, Box 707, Chatham, MA  02633, owners of the property located at 19 Forest Bluffs Road, also shown on the Town of Chatham’s Assessors’ Map 3A Block 8 Lot D1.  The Applicants seek to change, alter or extend 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 setback of 29 feet from the Conservancy District where 50 feet is required.  The lot is nonconforming in that its frontage is 99.70 feet where 100 feet is required.  The proposed dwelling will be setback 41 feet from the Conservancy District where 50 feet is required.  The proposed dwelling will comply with other setback, height, and building coverage requirements.  The existing building coverage is 1,308 square feet (9.4%) and the proposed building coverage is 1,755 square feet (12.6%) where 15 % is allowed.  The lot contains 22,760 square feet where 20,000 square feet is required and is located within the R20 zoning district.  A Special Permit is required under Section VB of the Chatham Protective Bylaw.  

Other Business:
1.	Approval of minutes  
2.	Discussion item of Palitz vs. Tisbury Zoning Board of Appeals Supreme Judicial Court Decision

Plans, site plans, and all other documents related to these Appeals 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