Information for Meeting of Zoning Board of Appeals
Thursday October 08, 2015 4:00 PM EDT

Town:Chatham, MA 
Board:Zoning Board of Appeals
Time:Thursday October 08, 2015 4:00 PM EDT
Location:Annex - Large Meeting Room
261 George Ryder Road, Chatham, MA 02633
Annex - Large Meeting Room
Agenda:
TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, October 8, 2015, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 15-057: Elizabeth Knorr,  c/o William G. Litchfield Esq., 330 Orleans Road, North Chatham, MA  02650,  owner of property located at 127 Shane Drive, also shown on the Town of Chatham’s Assessors’ Map 15G Block 76 Lot B26.    The Applicant proposes to change, alter, or extend a nonconforming dwelling on a nonconforming lot via the construction of a 28 foot by 20 foot addition 19.8 feet from the northerly abutter’s setback where 25 feet is required.  The existing dwelling is nonconforming in that it is located 20.5 feet from the northerly abutter’s setback where 25 feet is required, and has a road setback of 30 feet where 40 feet is required.  The existing building coverage is 1,557 square feet (9.5%) and the proposed building coverage is 2117 square feet (13%) where 15% is the maximum allowed.   The lot is nonconforming in that it contains 16,403 square feet where 40,000 square feet is required and 112 feet of frontage where 150 feet is required in an R-40 Zoning District.  A Special Permit is required under Section V.B. of the Protective Bylaw.   

Application No. 15-058: Philip E. Murray and Karen McLeavey,  c/o William G. Litchfield Esq., 330 Orleans Road, North Chatham, MA  02650,  owner of property located at 18 Patterson Road, also shown on the Town of Chatham’s Assessors’ Map 6C Block 38 Lot G73.    The Applicants propose to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and construction of a new dwelling.  The existing dwelling is nonconforming in that it is partially located within the Conservancy District (1998 Flood Zone AE, elevation10).  In addition the existing dwelling has a westerly abutter’s setback of 12.6 feet and an easterly abutter’s setback of 12.8 feet where 15 feet is required, and has a building coverage of 17.6% where 15% is the maximum.  The proposed dwelling will have a westerly abutter’s setback of 11.6 feet and an easterly abutter’s setback of 11.8 feet where 15 feet is required, and will have a building coverage of 24.8% where 15% is the maximum allowed.  A Special Permit is required under M.G.L. Chapter 40A, Section 6, and Section V.B. of the Protective Bylaw.   In addition and to the degree deemed necessary, a Variance may be sought under Section VIII.D.2.c. of the Chatham Protective Bylaw as to height for that portion of the dwelling within the Conservancy District; the existing dwelling is 15.8 feet high and the proposed dwelling is 26.8 feet high where 20 feet is the maximum allowed.  No Variance is sought or required for that portion of the proposed dwelling not located within the Conservancy District.  The lot is nonconforming in that it contains 5,400 square feet where 20,000 square feet is required, and 4,500 square feet of buildable upland where 20,000 is required in the R-20 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A, Section 6, and Section V.B. of the Protective Bylaw; a Variance may be sought under Section VIII.D.2.c. of the Chatham Protective Bylaw

Application No. 15-062: Peter and Margaret Mullin, c/o Mark Zibrat, 63 Crowell Road, Chatham, MA  02633,  owners of property located at 303 Old Harbor Road, also shown on the Town of Chatham’s Assessors’ Map 15G Block 26 Lot 23.    The Applicant proposes to amend Special Permit No. 15-032 to allow the construction of a 21 foot 4 inch by 8 foot porch.   The Applicant was granted Special Permit No. 15-032 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 northeasterly abutter’s setback of 18.2 feet where 25 feet is required.  The proposed dwelling has a northeasterly abutter’s setback of 14.9 feet where 25 feet is required.  The Applicant also proposes to locate an Exterior Mechanical System Appliance (AC unit), to the rear of the dwelling which conforms to setback requirements.  The proposed dwelling will comply with the other setback requirements, height restriction and building coverage restrictions.  The existing building coverage is 926 square feet (9.2%) and the proposed building coverage is 1,102 square feet (12.3%) where 15% is the maximum allowed.   The lot is nonconforming in that its frontage is 68.73 feet where 150 feet is required.  The lot contains 10,092 square feet where 40,000 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. 15-060: Hazel Wightman, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650,  owner of property located at 132 Old Salt Works Road, also shown on the Town of Chatham’s Assessors’ Map 13M Block 10 Lot C23.    The Applicant proposes to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the elevation of the existing dwelling approximately 5 feet 6 inches to a level above Elevation 13 Flood Plain contour, and the elevation and partial reconstruction of the existing garage, on its current footprint but with construction of new living space above.  In addition, the elevation of the existing dwelling required the construction of stairs, stoops, and steps, of which one portion of approximately 2 square feet and a second portion of approximately 4 square feet will encroach 1 foot 2 inches and 1 foot 8 inches, respectfully, into the northerly abutter’s setback. The existing dwelling is nonconforming in that it is located wholly within the Conservancy District where a 50 foot setback is required, and is 23 feet high where 20 feet is the maximum allowed.  The proposed dwelling will be 27.1 feet high where 20 feet is the maximum.  Building coverage will remain the same at 2,871 square feet (11.3%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 25,310 square feet where 40,000 square feet is required and contains 0 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.  A Special Permit is also required to allow fill in the floodplain.  

Application No. 15-061: Jonathan and Joanna Varholak, c/o William F. Riley, Esq., 154 Crowell Road, Box 707, Chatham, MA  02633,  owner 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 meet the abutter’s setback of 25 feet but will have a nonconforming road setback of 30 feet where 40 feet is required.  The existing dwelling is also nonconforming in that it is 3.8 feet above the maximum height allowed of 30 feet and the proposed dwelling will be 0.5 feet above the maximum height allowed of 30 feet.  The existing building coverage is 2,067 square feet (5.7%) of the buildable upland and the proposed building coverage is 3,157 square feet (8.7%) 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. 15-005: 80 Quasson Road, LLC,  c/o William F. Riley, PO Box 707, Chatham, MA  02633, owner of property located at 80 Quasson Road, also shown on the Town of Chatham’s Assessors’ Map 17D Block 13 Lot F15.  The applicant seeks 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 is 14.8 feet from the Coastal Conservancy District where 50 feet is required.  The existing dwelling is also nonconforming in that it has a southerly abutter’s setback of 21.1 feet and a northerly abutter’s setback of 20.8 feet where 25 feet is required. The existing building coverage is 3,661 square feet where 2,850 square feet is the maximum allowed.  The proposed dwelling will have southerly abutter’s setback of 21 feet where 25 feet is required and a building coverage of 3,583 square feet where 2,850 is the maximum allowed.  The proposed pool is 20 feet from the northerly abutter’s setback where 25 feet is required.  The lot is nonconforming in that it contains 23,503 square feet where 40,000 square feet is required.  The lot is located within the R-40 Zoning District.  A Special Permit is required under Section V.B., of the Chatham Protective Bylaw.  Due to an agreement between parties after an appeal, the Applicant is seeking an amendment to the conditions of Special Permit No. 15-005 granted on March 26, 2015.  

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
Scheduled By:Sarah Clark
Posted At:Sep 18, 2015 8:47 AM EDT
Last Modified:Sep 18, 2015 8:47 AM EDT
Minutes:Minutes are on record with the Town Clerk's office
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Minutes and Associated Documents

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10-08-15 ZBA Minutes.doc  (download) 80 Kb Nov 02, 2015 9:33 AM EST
Handouts from 10-08-2015 ZBA Hearings.pdf  (download) 1569 Kb Nov 02, 2015 9:33 AM EST