Information for Meeting of Zoning Board of Appeals
Thursday June 08, 2023 4:00 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
AMENDED AGENDA

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, June 8, 2023, starting at 4:00 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_Y2ZhMTY2NTMtMWY3Zi00NDZmLThhZWUtNmViOTQzN2U5MDI1%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: 450 024 930#

Approval of Minutes  
Meeting held May 4, 2023

Application No. 23-040: Michael and Elizabeth Reilly, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 448 Old Harbor Road, also shown on the Town of Chatham’s Assessors’ Map 16G Block 11 Lot K3.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of an addition, covered entry and pergola.  The existing dwelling is nonconforming in that it is located 0.1 feet from the Coastal Conservancy District (floodplain ele. 13), 14.1 feet from the northerly abutter, 7.4 feet from the southerly abutter.  The proposed addition and pergola will be nonconforming in that they will be located 8.4 feet from the southerly abutter where a 25 foot setback is required.  The proposed covered entry will be nonconforming in that it will be located 15.4 feet from the Coastal Conservancy District where a 50 foot setback is required. The existing building coverage is 1,061 square feet (10.2%) and the proposed building coverage is 1,073 square feet (10.3%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 10,448 square feet of buildable upland where 20,000 square feet is required and contains 15,000 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 Section V.B. of the Protective Bylaw.  The Applicant will be requesting a continuance to June 22, 2023 for re-advertising. 

Application No. 23-049: Highland Realty Trust, c/o Michael Tartamella, 160 Commonwealth Avenue, Suite L3, Boston, MA 02116, owner of property located at 309 Stage Harbor Road, also shown on the Town of Chatham’s Assessors’ Map 14C Block 47 Lot 31.  The Applicant seeks to enlarge, extend, or change a nonconforming accessory structure on a nonconforming lot via the installation of a new foundation.  The existing structure is nonconforming in that it is located 2.6 feet from the southerly abutter.  The proposed foundation will increase the building height within the required abutters setback. The building coverage will remain 2,291 square feet (7.2%) where 10% is the maximum allowed.  The lot is nonconforming in that it contains 31,679 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. 23-041: Sydney Realty Trust, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 23 Wood Carver Knoll, also shown on the Town of Chatham’s Assessors’ Map 11D Block 32 Lot 4A.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of an addition and garage/pool house with habitable space above.  The existing dwelling is nonconforming in that it is located 9.9 feet from the road where a 25 foot setback is required.  The proposed addition and garage/pool house with living space above 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 1,591 square feet (9.4%) and the proposed building coverage is 2,525 square feet (14.97%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 16,870 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. 23-050: 184 Barcliff LLC, c/o James M. Norcross, Esq., PO Box 707, Chatham, MA 02633, owners of property located at 184 Barcliff Avenue, also shown on the Town of Chatham’s Assessors’ Map 15G Block 20 Lot V1.  The Applicant seeks to enlarge, extend, or change nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and detached garage and the construction of a new dwelling.  The existing dwelling is nonconforming in that it is located 21.3 feet from the road.  The existing garage is nonconforming in that it is located 4.1 feet from the westerly abutter and 16.2 feet from the northerly abutter where a 25 foot setback is required.  The proposed dwelling will be nonconforming in that it will be located 22 feet from the road where a 40 foot setback is required.  The building coverage will remain nonconforming at 1,503 square feet (15.2%) where 15% is the maximum allowed.  The lot is nonconforming in that it 9,917 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.     

Application No. 23-031: Philip and Laurie Dumas, c/o William F. Riley, Esq, PO Box 707, Chatham, MA 02633, owner of property located at 67 Palmer Drive, also shown on the Town of Chatham’s Assessors’ Map 15G Block 37 Lot P7.  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 located 12.6 feet from the westerly abutter and 22.2 feet from the southerly abutter.  The proposed dwelling will be nonconforming in that it will be located 8 feet from the westerly abutter and 17 feet from the southerly abutter where a 25 foot setback.  The existing building coverage is 888 square feet (8.9%) and the proposed building coverage is 1,485 square feet (14.8%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 10,004 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.  Continued from May 4, 2023.

Application No. 23-035: David Chu and Laura Tosi, c/o William F. Riley, Esq, PO Box 707, Chatham, MA 02633, owners of property located at 52 Homestead Lane, also shown on the Town of Chatham’s Assessors’ Map 15C Block 3 Lot 16.  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 located 7.4 feet from the northerly abutter and 4.3 feet from the southerly abutter.  The proposed dwelling will be nonconforming in that it will be located 5.3 feet from the northerly abutter and 4.3 feet from the southerly abutter where a 15 foot setback is required.  The existing building coverage is 704 square feet (18.4%) and the proposed building coverage is 991 square feet (25.9%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 3,820 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.  Continued from May 25, 2023.

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