Information for Meeting of Zoning Board of Appeals
Thursday July 23, 2020 3:00 PM EDT

Town:Chatham, MA 
Board:Zoning Board of Appeals
Time:Thursday July 23, 2020 3:00 PM EDT
Location:Remote Access Available through Link in Agenda
Agenda:
TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, July 23, 2020, starting at 3:00 PM on the following applications:

Remote participation ONLY click link below:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTRmZGRjYWUtMmVhYi00NzIzLWFkZGYtNmEwNjc4MjU2MzA1%40thread.v2/0?context=%7b%22Tid%22%3a%224f417a68-a412-4139-a47c-97515be2b99f%22%2c%22Oid%22%3a%229de26673-8d92-4405-bce0-1a7718dfd6ef%22%7d 

Call in Number: 1-508-945-4410
Conference ID: 101 671 262#
Appeal No. 20-033:  Habitat for Humanity of Cape Cod, c/o Warren H. Brodie, Esq., 2 Salt Hay Road, Waquoit, MA  02536. The property is owned by the Chatham Affordable Housing Trust, located at 11 George Ryder Road South, also shown on the Town of Chatham’s Assessors’ Map 8D Block 53 Lot 6.  The Applicants are requesting the grant of a Comprehensive Permit under M.G.L. Chapter 40B, Sections 20-23 and 760 CMR 56.00, for the construction of two (2) single family dwellings.  The Applicants are requesting the grant of various waivers from regulations promulgated by the Chatham Zoning Bylaw, Chatham Subdivision Regulations, the Chatham Water & Sewer Department, the Chatham Board of Health and other local regulations. The property contains 20,101 square feet in a GB3 Zoning District. Continued from June 18, 2020.

Application No. 20-001: Timothy C. Emerson Revocable Trust, c/o James M. Norcross, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 305 Main Street and 15 School Street, also shown on the Town of Chatham’s Assessors’ Map 16C Block 60 Lot 33.  The Applicant seeks to enlarge, extend, or change nonconforming dwellings on a nonconforming lot via the demolition of the rear portion of the existing dwelling (305 Main Street) and the construction of additions.  The existing dwelling is nonconforming in that it is located 20.8 feet from Main Street and 7 feet from the Coastal Conservancy District (Flood Plain ele. 11).  The proposed additions to the dwelling at 305 Main Street will be nonconforming in that they will be located 18.2 feet from the road where a 25 foot setback is required and 11 feet from the Coastal Conservancy District where a 50 foot setback is required.  The existing dwelling (15 School Street) which will remain unchanged is nonconforming in that it is located 10.2 feet from School Street and 8.1 feet from the southerly abutter.  The unnumbered dwelling (proposed to be demolished and reconstructed in a different location under a separate application, No. 20-002) located behind 15 School Street is nonconforming in that it is located 12.7 feet from the southerly abutter and within the Coastal Conservancy District.  Also proposed is the construction of a new driveway as allowed by Special Permit under Section IV.A.3.d. of the Bylaw.  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.  Continued from January 23, 2020, March 26, 2020, April 23, 2020 and June 11, 2020. 

Application No. 20-036: Mark and Ann Jenness, c/o Thomas A. Moore, PO Box 2124, Brewster, MA, 02631, owner of property located at 86 Harbor View Road, also shown on the Town of Chatham’s Assessors’ Map 8A Block 14 Lot H3. The Applicant seeks 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 and proposed dwelling will comply with 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 building coverage is 1,484 square feet (9.8%) and the proposed building coverage is 2,275 square feet (15%) where 15% is the maximum allowed. The lot is nonconforming in that it contains 15,182 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 Chatham Protective Bylaw. 

Application No. 20-042: David Hall, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 159 Seapine Road, also shown on the Town of Chatham’s Assessors’ Map 11K Block 35 Lot HC13.  The Applicant seeks a Dimensional Variance from the allowable building coverage.   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. 20-037, 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.  Also proposed is the expansion of the existing driveway as allowed by Special Permit under Section IV.A.3.d. of the Bylaw.  The existing dwelling is nonconforming in that it is located 22 feet from the westerly abutter and within the Coastal Conservancy District (flood plain ele. 12).  The proposed dwelling will be nonconforming in that it will remain entirely within the Coastal Conservancy District where a 50 foot setback is required.  The existing building coverage is 2,560 square feet (64%) and the proposed building coverage is 3,191 square feet (79.8%) where 2,800 square feet is the maximum allowed.  The lot is nonconforming in that it contains 4,000 square feet of buildable upland where 20,000 square feet is required and 34,255 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. 20-028: Nicole and Peter Dawes, c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA, 02645, owner of property located at 157 Cross Street, also shown on the Town of Chatham’s Assessors’ Map 14C Block 13 Lot 38A. The Applicant seeks 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 located 20.2 feet from the easterly abutter and 19.7 feet from the westerly abutter. The proposed dwelling will be nonconforming in that it will be located 22.7 feet from the easterly abutter and 19.9 feet (house) and 15.9 feet (bulkhead) from the westerly abutter where a 25 foot setback is required.  Also proposed is the installation of exterior mechanical system appliances (A/C condensers) 21.2 feet from the westerly abutter where a 25 foot setback is required and the construction of a conforming single story garage.  The existing building coverage is 894 square feet (8.9%) and the proposed building coverage is 1,213 square feet (12%) where 15% is the maximum allowed. The lot is nonconforming in that it contains 10,107 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 Chatham Protective Bylaw.  Continued from June 11, 2020 for re-advertising.  

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 and may be viewed as attachments below on the town website.
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
Acting Chairman
Scheduled By:Sarah Clark
Posted At:Jul 02, 2020 10:03 AM EDT
Last Modified:Jul 02, 2020 10:03 AM EDT
Minutes:Minutes are on record with the Town Clerk's office
Email a Link to this Meeting or  Add to your Calendar

Minutes and Associated Documents

DocumentSizeCreated
159 Seapine Road_Revised Site Plan.pdf  (download) 182 Kb Jul 21, 2020 7:53 AM EDT
20-001 305 Main Street & 15 School Street_Special Permit.pdf  (download) 788 Kb Jul 21, 2020 7:53 AM EDT
20-028 157 Cross Street_Revised Plans.pdf  (download) 1034 Kb Jul 21, 2020 7:53 AM EDT
20-033 11 George Ryder Road South.pdf  (download) 10581 Kb Jul 21, 2020 7:54 AM EDT
20-033 Stamped Site Plan for ZBA - Habitat 11 George Ryder.pdf  (download) 1666 Kb Jul 21, 2020 7:53 AM EDT
20-036 86 Harbor View Road.pdf  (download) 1502 Kb Jul 21, 2020 7:51 AM EDT
20-037 159 Seapine Road.pdf  (download) 1775 Kb Jul 21, 2020 7:51 AM EDT
20-042 159 Seapine Road.pdf  (download) 1742 Kb Jul 21, 2020 7:52 AM EDT
7-23-20 ZBA MINS.docx  (download) 63 Kb Oct 01, 2020 1:04 PM EDT