Information for Meeting of Zoning Board of Appeals
Thursday January 26, 2023 3:00 PM EST

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
AMENDED AGENDA

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, January 26, 2023, 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_YzkzMWQzZmYtMTNiOS00ZTNhLWE3ZDctYzE5MTNhYjM2NzQ3%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: 472 938 057#

Approval of Minutes – December 15, 2022

Application No. 22-107: Sandy Bliss LLC, c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA 02671, owner of property located at 75 Main Street, also shown on the Town of Chatham’s Assessors’ Map 16B Block 64B Lot 68X2.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the partial demolition of the existing dwelling, installation of a new foundation and the construction of additions.  The proposed dwelling will comply with road and abutter setback requirements.  The dwellings located at 71 & 77 Main Street will remain unchanged.  The existing building coverage is 3,767 square feet and the proposed building coverage is 3,682 square feet where 2,950 square feet is the maximum allowed.  The lot is nonconforming in that it contains three dwelling units where one would be allowed and contains 0 feet of frontage where 100 feet is required.  The lot contains 26,266 square feet in the R20 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Sections V.B. of the Chatham Protective Bylaw.  Continued from December 1, 2022. 

Application No. 22-118: Linda and Brian Miner, c/o Brian Miner, 671 Orleans Road, North Chatham, MA 02650, owners of property located at 671 Orleans Road, also shown on the Town of Chatham’s Assessors’ Map 12I Block 12 Lot 4.  The Applicant seeks to enlarge, extend, or change a nonconforming guest house on a nonconforming lot via the demolition of the existing guest house and the construction of a new dwelling.  The existing guest house is nonconforming in that it is located 21.1 feet from the westerly abutter.  The proposed dwelling will be nonconforming in that it will be located 21.4 feet from the westerly abutter where a 25 foot setback is required.  If approved, the existing dwelling will be changed to be the guest house and the new structure will become the primary dwelling on the property. The existing building coverage is 1,858 square feet (4.6%) and the proposed building coverage is 3,668 square feet (9.1%) where 10% is the maximum allowed.  The lot contains 40,108 square feet 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 January 12, 2023.  The Applicant has requested a continuance to February 9, 2023.  

Application No. 22-124: Evergreen Deals LLC, c/o David Dowd, 157 Cullinane Drive, Marlborough MA, 01752, owner of property located at 1930 & 1934 Main Street, also shown on the Town of Chatham’s Assessors’ Map 7E Block 3A Lot S2.  The Applicant seeks to modify Special Permit No. 21-020 granted on April 8, 2021, which allowed for the demolition of the two existing dwellings and the construction of two new dwelling.  The Applicant now seeks to modify this Special Permit to allow for an alternate design, increased building height and building coverage.  The approved building coverage was 3,864 square feet (6.7%) and the proposed building coverage is 4,100 square feet (7.2%) where 10% is the maximum allowed.  The lot contains 57,137 square feet in the R20 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. 22-125: Robert Fogel and Ellen Mahoney, c/o Jeff Fanara, 327 Whites Path, South Yarmouth, MA 02664, owners of property located at 9 Power Lane, also shown on the Town of Chatham’s Assessors’ Map 9K Block 18 Lot LP9.  The Applicant seeks Variances from the abutters setback requirement under Appendix II of the Protective Bylaw for the installation of a swimming pool.  The pool was installed 24.7 feet from the southerly abutter where a 25 foot setback is required.  The lot contains 20,535 square feet in the R60 Zoning District.  A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw.  

Application No. 22-126: Frank and Kathryn Sherer, c/o Paul Muldoon, 571 Route 28, Harwich Port, MA 02646, owners of property located at 14 Jeanette Drive, also shown on the Town of Chatham’s Assessors’ Map 11G Block 10 Lot G42.  The Applicant seeks to enlarge, extend, or change a conforming dwelling on a nonconforming lot via the construction of additions. The existing dwelling and proposed additions 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 1,399 square feet (8.3%) and the proposed building coverage is 2,171 square feet (13%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 16,781 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. 22-129: Gordon and Susan Melville, c/o William G. Litchfield, Esq, 330 Orleans Road, North Chatham, MA 02650, owner of property located at 71 Eldredge Square, also shown on the Town of Chatham’s Assessors’ Map 14F Block 42 Lot ME4.  The Applicant seeks to modify Special Permit No. 22-029 granted on May 12, 2022, which allowed for the construction of additions and a second story to a nonconforming dwelling on a nonconforming lot.  The Applicant now seeks to modify this Special Permit to allow for the demolition of the existing dwelling and the construction of a new dwelling.  The approved building coverage will remain 1,668 square feet (20.7%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 8,055 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 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