Information for Meeting of Zoning Board of Appeals
Thursday April 14, 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, April 14, 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_MDI4YzQ3MDktYTZhNC00ODRhLTljYmUtZGFhMTc0YWEyNjJj%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:  306 810 998#

Approval of Minutes – March 24, 2022

Application No. 22-006: Casa Investments, Inc., c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 322 & 324 Bridge Street, also shown on the Town of Chatham’s Assessors’ Map 16B Block 13 Lot 4A.  The Applicant seeks to enlarge, extend, or change two nonconforming dwellings on a nonconforming lot via the demolition of the existing dwellings and shed and the construction of two new dwellings and a garage.  The existing dwelling at 322 Bridge Street is nonconforming in that it is located 15.6 feet from the road, 24.9 feet from the westerly abutter and has a building height of 30.5 feet.   The existing dwelling at 324 Bridge Street is nonconforming in that it is located 15.1 feet from the westerly abutter.   The existing shed is nonconforming in that it is located 6.9 feet from the westerly abutter.  The proposed dwelling at 322 Bridge Street will be nonconforming in that they will be located 15.6 feet from the road where a 40 foot setback is required, 13.4 feet from the westerly abutter where a 25 foot setback is required and have a building height of 31.6 feet where 30 feet is the maximum allowed.  The proposed dwelling at 324 Bridge Street will be nonconforming in that they will be located 13.8 feet from the westerly abutter where a 25 foot setback is required.  The proposed garage will be nonconforming in that it will be located 18.1 feet from the westerly abutter where a 25 foot setback is required.  The lot is nonconforming in that it contains 23,724 square feet where 40,000 square feet is required in an 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 February 24, 2022.  The Applicant will be requesting a continuance to a future date.  

Application No. 22-021: Thomas Fontaine and Maureen Sullivan, c/o Thadd Eldredge, 1038 Main Street, Chatham, MA 02633, owner of property located at 48 Strong Island Road, also shown on the Town of Chatham’s Assessors’ Map 12M Block 21 Lot C6.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a front entry, dormers and decks. The existing dwelling is nonconforming in that it is located partially within the Coastal Conservancy District (flood plain ele. 11).  The proposed front entry, dormers and decks will remain nonconforming being located 2 feet from the Coastal Conservancy District where a 50 foot setback is required.  Also proposed is the expansion of the existing driveway as allowed by Special Permit under Section IV.A.3.d.  The existing building coverage is 2,039 square feet (15.1%) and the proposed building coverage is 2,110 square feet (15.6%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 13,500 square feet of buildable upland where 20,000 square feet is required and 20,927 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 Sections 6 and 9 and Sections V.B. and VIII.D.2.b. of the Protective Bylaw. 

Application No. 22-023: Edward J. and Theresa Charbonneau, c/o William G. Litchfield, Esq, 330 Orleans Road, North Chatham, MA 02650, owner of property located at 69 Bishops Terrace, also shown on the Town of Chatham’s Assessors’ Map 14H Block 56 Lot 104.  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 33.9 feet from the road where a 40 foot setback is required and 15.7 feet from the easterly abutter where a 25 foot setback is required.  The proposed addition 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 2,008 square feet and the proposed building coverage is 2,398 square feet where 2,900 square feet is the maximum allowed.  The lot is nonconforming in that it contains 22,903 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. 22-010: Chris Dittrich, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owners 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 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.


Application No. 22-022: Eastward Companies, MBT, LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA  02633, agreed vendee of property located at 410 Main Street, also shown on the Town of Chatham’s Assessors’ Map 16D Block 37A Lot 8A. The Applicant proposes to construct a single family dwelling in a GB2 zone which requires the grant of a Special Permit.  The existing structure is nonconforming in that it is located 15 feet from the road and 9 feet from the westerly abutter.  The proposed dwelling will be nonconforming it that it will be located 15.1 feet from the road where a 25 foot setback is required and 8 feet from the westerly abutter where a 15 foot is required.  Also proposed is the replacement of a retaining wall within the required 25 foot road setback.  The existing lot coverage is 3,821 square feet (44.5%) and the proposed lot coverage is 5,705 square feet (66.5%) where 70% is the maximum allowed.  The lot is conforming with 11,206 square feet where 7,000 square feet is required in a GB2 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 and 9 and Sections III.C.4.c.26 and V.B. of the Chatham Protective Bylaw.

Application No. 22-028: Terry W. Eldredge, 9 Old Commers Road, Chatham MA 02633, appealed the determination of the Building Commissioner that Site Plan Approval is required for the reconstruction of a pre-existing nonconforming shed/garage, issued on February 22, 2022, for the property located at 1038 Main Street, also shown on the Town of Chatham Assessors Map 12F Block 10D Lot X38A.  The applicant seeks to have the Building Commissioner’s determination overturned.  The property contains 28,046 square feet in an R20 Zoning District.  The Applicant appealed under M.G.L Chapter 40A, Sections 8 & 15 and Section VIII.D.2.a. 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