Information for Meeting of Zoning Board of Appeals
Thursday August 11, 2022 3:30 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
AMENDED AGENDA

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, August 11, 2022, starting at 3:30 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_NzA1NDQ5ZjAtMDM0YS00MjdiLTg4NjgtY2M5ZTgwYTg0MDAy%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: 485 717 158#

Approval of Minutes – July 28, 2022

Application No. 22-061: Beth Kressley-Goldstein, c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA 02671, owner of property located at 368 Seapine Road, also shown on the Town of Chatham’s Assessors’ Map 13K Block 35A Lot H133. The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a deck and elevated boardwalk.  Also proposed is the modification to 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 partially within the Coastal Conservancy District (floodplain ele. 13).  The deck and elevated boardwalk will be nonconforming it that they will be located partially and entirely within the Coastal Conservancy District where a 50 foot setback is required.  The building coverage will remain 2,470 square feet.  The lot is nonconforming in that it contains 32,384 square feet where 40,000 square feet is required in a R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 and Section V.B. of the Chatham Protective Bylaw. Continued from July 28, 2022.

Application No. 22-048: Kianoosh Yazdanseta and Khandan Kohanloo-Yazdanseta, c/o William G. Litchfield, Esq. 330 Orleans Road, North Chatham, MA 02650, owners of property located at 16 Blueberry Lane, also shown on the Town of Chatham’s Assessors’ Map 14F Block 77 Lot F4.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the partial demolition of the existing dwelling and the construction of a second floor addition. The dwelling will remain nonconforming in that it is located 23.8 feet from street.  The proposed change 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 building coverage will remain 1,872 square feet (17.8%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 10,500 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.  Continued from June 23, 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.  Continued from June 9, 2022.

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.  Continued from June 9, 2022.

Application No. 22-062: JMCMCS, LLC, c/o William G. Litchfield, Esq. 330 Orleans Road, North Chatham, MA 02650, owners of property located at 76 Nob Hill Road, also shown on the Town of Chatham’s Assessors’ Map 13G Block 13 Lot TH3.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a second floor addition. 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 building coverage will remain 1,305 square feet (11.9%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 10,955 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. 22-063: 517 Stony Hill Road, LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 517 Stony Hill Road, also shown on the Town of Chatham’s Assessors’ Map 15I Block 13 Lot 21.  The Applicant seeks to modify Special Permit No. 21-022 granted on April 22, 2021, which allowed for the demolition of the existing dwelling and the construction of a new dwelling and swimming pool.  The Applicant now seeks to modify this Special Permit to allow for building coverage that exceeds the approval.  The building coverage for the demolished dwelling was 3,861 square feet, the approved building coverage was 2,877 square feet and the proposed building coverage is 2,953 square feet where 2,950 square feet is the maximum allowed.  The lot contains 39,011 square feet of land area and 26,200 square feet of buildable upland 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 Protective Bylaw.

Application No. 22-064: Stage Island Realty Trust, c/o William G. Litchfield, Esq. 330 Orleans Road, North Chatham, MA 02650, owners of property located at 230 Stage Island Realty Trust, also shown on the Town of Chatham’s Assessors’ Map 13A1 Block 5 Lot D27.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of additions. The existing dwelling is nonconforming in that it is located 22 feet from the Coastal Conservancy District and 18.2 feet from the northerly abutter.  The proposed addition will be nonconforming in that it will be located 39 feet from the Coastal Conservancy District where a 50 foot setback is required.  The existing building coverage is 1,944 square feet (11.9%) and the proposed building coverage is 2,418 square feet (14.7%) where 15% is the maximum allowed.  The existing nonconforming height of the dwelling will increase from 32.1 feet to 33.2 feet where 30 feet is the maximum allowed.  The lot is nonconforming in that it contains 16,400 square feet of buildable upland 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.

Application No. 22-065: Salt Pond LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owners of property located at 26 Salt Pond Road, also shown on the Town of Chatham’s Assessors’ Map 17J Block 9 Lot 1.  The Applicant seeks to modify Special Permit No. 17-115 granted on January 25, 2018, which allowed for the construction of an addition.  The Applicant now seeks to modify this Special Permit to allow for building coverage that exceeds the approval.  The approved building coverage was 3,627 square feet (40.6%) and the proposed building coverage is 3,646 square feet (40.9%) where 15% is the maximum allowed.  The lot contains 3.71 acres of land area and 8,924 square feet of buildable upland 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 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