Information for Meeting of Zoning Board of Appeals
Thursday June 09, 2022 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 9, 2022, starting at 3:00 PM, in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications and is being conducted in person and with remote participation via Microsoft Teams:

For remote participation click the link below:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_MThkNGZmNWItMzc4OS00YTliLWJhMWUtZWJjMjY2OTc1N2Vk%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: 203 454 568#

Approval of Minutes – May 26, 2022

Application No. 22-038: 1238 Main LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA  02633, owner of property located at 1238 Main Street, also shown on the Town of Chatham’s Assessors’ Map 11E Block 7 Lot 32. The Applicant proposes to incorporate a light industry and manufacturing operation (commissary bakery kitchen) within a restaurant in a General Business zone which requires the grant of a Special Permit.  The lot contains 29,952 square feet in a GB3 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 9 and Sections III.C.4.c.16 and VIIID.2.b. of the Protective Bylaw.

Application No. 22-039: 1238 Main LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 1238 Main Street, also shown on the Town of Chatham’s Assessors’ Map 11E Block 7 Lot 32. The Applicant proposes to establish and operate a Formula Business (Commercial Indoor Recreation Facility), which utilizes a standard array of services and logo used by ten or more other businesses worldwide.  The facility will include 1,586 square feet of space in a General Business zone which requires the grant of a Special Permit.  The lot contains 29,952 square feet in a GB3 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 9 and Sections III.C.4.c.8, III.C.4.c.28 and VIIID.2.b. of the Protective Bylaw.

Application No. 22-010: Chris Dittrich, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 146 Strong Island Road, also shown on the Town of Chatham’s Assessors’ Map 13M Block 42 Lot C45.  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 and swimming pool.  The existing dwelling is nonconforming in it is located 36.5 feet from the road and entirely within the Coastal Conservancy District (Flood Plain ele. 11).  The proposed dwelling will be nonconforming in that it will be located 36.8 feet and the attached deck will be located 21.1 feet from the road where a 40 foot setback is required and within the Coastal Conservancy District where a 50 foot setback is required.  Also proposed is the installation of a fence and driveway as allowed by Special Permit under section IV.A.3.a. and IV.A.3.d. of the Protective Bylaw.  The existing building coverage is 2,601 square feet and the proposed building coverage is 2,527 square feet where 2,800 square feet is the maximum allowed.  The lot is nonconforming in that it contains 0 square feet of buildable upland where 20,000 square feet is required and contains 31,823 square feet of land area 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 9 and Section V.B. and VIII.D.2.b. of the Protective Bylaw.  Continued from February 24, 2022 and April 14, 2022 for re-advertising.

Application No. 22-042: Marcella Kuhlman Ruddy, c/o William G. Litchfield, Esq, 330 Orleans Road, North Chatham, MA 02650, owner of property located at 18 Tappan Drive, also shown on the Town of Chatham’s Assessors’ Map 8B Block 39 Lot T5.  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 and proposed dwelling 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 589 square feet (3.4%) and the proposed building coverage is 2,477 square feet (14.1%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 17,508 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. 22-047: Lantern Lane Realty Trust, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owner of property located at 24 Lantern Lane, also shown on the Town of Chatham’s Assessors’ Map 5D Block 18E Lot D8.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via an after the fact Special Permit for the demolition of the existing screen porch and the construction of a new screen porch. The existing dwelling is nonconforming in that it is located 24.5 feet from the road and 10.2 feet from the westerly abutter.  The reconstructed porch is nonconforming in that it is located 21.8 feet from the road where a 25 foot setback is required and 14 feet from the westerly abutter where a 15 foot setback is required.  The prior building coverage was 764 square feet (6.7%) and the current building coverage is 821 square feet (7.2%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 11,462 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. 22-049: 385 Cedar Street Realty Trust, c/o Sandra Weise-Peck, 385 Cedar Street, Chatham, MA 02633, owner of property located at 385 Cedar Street, also shown on the Town of Chatham’s Assessors’ Map 12B Block 7 Lot 12D.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of an addition. The existing dwelling is nonconforming in that it is located 31.2 feet from the road.  The proposed addition will be nonconforming in that it will be located 33.3 feet from the road where a 40 foot setback is required.  The existing building coverage is 1,049 square feet and the proposed building coverage is 1,167 square feet where 2,900 square feet is the maximum allowed.  The lot is nonconforming in that it contains 22,830 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. 22-050: Mark and Nancy Logan, 64 Silver Leaf Avenue, Chatham, MA 02633, owners of property located at 64 Silverleaf Avenue, also shown on the Town of Chatham’s Assessors’ Map 16B Block 70 Lot 53. The Applicant proposes to modify Condition No. 2a. of Special Permit No. 21-081, granted on November 4, 2021, which allowed for the construction of an addition.  The Applicant now seeks to modify this Special Permit to allow for exterior construction to continue until July 30, 2022. The lot contains 12,168 square feet in an R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 9 and Section VIII.d.2.b. of the Protective Bylaw.

Other Business:
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 or at the Town Hall Annex, located at 261 George Ryder Road and may be viewed Monday through Thursday, 7:00 a.m. to 4:00 p.m.; Friday, 8:00 a.m. to 12:00 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