Information for Meeting of Zoning Board of Appeals
Thursday November 15, 2012 3:00 PM EST

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, November 15, 2012,  starting at 3:00 p.m. in the Town Annex Meeting Room,  261 George Ryder Road, on the following appeals:

Appeal No. 12-094:  Schuyler & Penelope Peck, 87 Carriage Hill Circle, Southborough, MA  01772, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA  02633, owners of property located at 161 Landing Lane, also shown on Assessors’ Book Page 13K as Lot R10.  The appellants are requesting a Modification of Special Permit 12-041, issued on May 11, 2012, which allowed the expansion of a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling, 15.3 feet from the northerly lot line where a 25 foot setback is required, 25 feet from the road where a 40 foot setback is required, and 15.5 feet from a Coastal Conservancy District (Top of Bank) where a 50 foot setback is required.  The building coverage would increase from 21.1% (1,714 sq. ft.) to 23.7% (1,919 sq. ft.) where a maximum of 15% is allowed.   The dwelling proposed by the applicants will be 15.5 feet from the northerly lot line and 20.8 feet from the southerly lot line where a 25 foot setback is required from each lot line, 25 feet from the road where a 40 foot setback is required,  0 feet from a Coastal Conservancy District (Top of Bank) where a 50 foot setback is required, and the building coverage will increase from an existing 21.% (1,714 sq. ft.) to 26% (2,159 sq. ft.) where a maximum of 15% is allowed.  The existing dwelling is nonconforming in that it The existing dwelling is nonconforming in that it is located 15.5 feet from the northerly lot line and 17.7 feet from the southerly lot line where a 25 foot setback is required, 28.9 feet from the road where a 40 foot setback is required, 15.5 feet from a Coastal Conservancy District (Top of Bank) where a 50 foot setback is required, and covers 21.2% of the buildable upland where a maximum of 15% is allowed.  The property contains 21,040 sq. ft. in an R-40 Zoning District.  Section 14, Powers of Board of Appeals, Authority of Board, of M.G.L., Ch. 40A, the Zoning Act, authorizes the Zoning Board of Appeals to reverse or affirm, in whole or in part, or modify any order or decision.

Appeal No. 12-102:  4 Shore Road LLC, 4 Shore Road, Chatham, MA  02633, c/o William G. Litchfield, Esq., 330 Orleans Road, No. Chatham, MA  02650, owners of property located at 4 Shore Road, also shown on Assessors’ Book Page 17C as Lot F1.  The appellants propose to expand a nonconforming single family dwelling via the construction of a 22 foot by 24 foot family room addition on the easterly side, 14.4 feet from the northerly lot line where a 25 foot setback is required and 5 feet from a Coastal Conservancy District (Flood Plain, el. 10) where a 50 foot setback is required.  The building coverage will increase from an existing 20% (2,511 sq. ft.) to 23.9% (3,039 sq. ft.) where a maximum of 15% is allowed. The existing dwelling is nonconforming in that it is located 18.2 feet from Shore Rd. and 25.3 feet from Quasson Rd. where a 40 foot setback is required from each road, is located within the required 50 foot setback to a Coastal Conservancy District (Flood Plain, el. 10) where a 50 foot setback is required, and covers 20% of the buildable upland where a maximum of 15% is allowed.  The property contains 19,159 sq. ft. in an R-40 Zoning District.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.

Appeal No. 12-103:  Douglas B. Lindsay, 272 President Avenue, Providence, RI   02906, owner of property located at 131 Meadowbrook Road, also shown on Assessors’ Book Page 12H as Lot SS23.  The appellant is appealing the determination of the Chief Zoning Officer under Section VIII.D.2.a., Zoning 

Board of Appeals, Powers, Appeals, of the Protective Bylaw that an air conditioning unit at 506 Crowell Road, also shown on Assessors’ Book Page 12H as Lot SS19,  installed on the northerly side was in compliance with the setback requirements (2/3 of the abutters’ setback requirement, i.e., 2/3 of 25 feet) in place at the time of installation.  The property contains .25 acres in an R-40 Zoning District.

Appeal No. 12-104:  John M. & Theresa M. Donovan, 109 Lauren St., E. Bridgewater, MA  02333, c/o Capizzi Home Improvement, Inc., 1695 Newtown Road, Cotuit, MA  02635, owners of property located at 67 Country Lane, also shown on Assessors’ Book Page 2B as Lot C6.  The appellants propose to expand a nonconforming single family dwelling via the addition of a 24 foot by 24 foot, 2-story addition on the westerly side, 21.02 feet from the road where a 25 foot setback is required.  The proposal is considered a substantial alteration to a nonconforming single family dwelling, and under the Second Except clause of Section 6 of M.G.L. Ch. 40A, The Zoning Act, such substantial alteration requires the grant of a Special Permit.  The lot is nonconforming in that it contains 10, 917 sq. ft. where 20,000 sq. ft. is required.  The property contains 10,917 sq. ft. in an R-20 Zoning District.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.

Appeal No. 12-105:  Henrik & Karen Christiansen, 24 Lake Drive, Darien, CT  06820, c/o Matthew K. Teague, Reef Realty, Ltd., P.O. Box 186, W.Dennis, MA  02670, owners of property located at 16 Tappan Drive, also shown on Assessors’ Book Page 8B as Lot T6. The appellants propose to expand a nonconforming single family dwelling via the addition of an 881 square foot second story containing a bedroom, bath, family room, office and roof deck.  The proposed addition will comply with road and abutter setbacks, however, it is considered a substantial alteration to a nonconforming single family dwelling, and under the Second Except clause of Section 6 of M.G.L. Ch. 40A, The Zoning Act, such substantial alteration requires the grant of a Special Permit.  The lot is nonconforming in that it contains 16,660 sq. ft. where 20,000 sq. ft. is required.  The Zoning District is R-20.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.

Appeal No. 12-106:  Kathleen Read, Trustee, Ocean Port Realty Trust, 1 Hamill Ct., Apt. 37, Baltimore, MD  21210, c/o Matthew Teague, Reef Realty, Ltd., P.O. Box 186, W. Dennis, MA  02670, owner of property located at 71 Oceanport Lane, also shown on Assessors’ Book Page 9B as Lot G19A.  The appellants propose to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling.  The proposed new dwelling will comply with road and abutter setbacks and height requirements, however, the demolition of an existing dwelling and construction of a new dwelling in a different location is technically not an alteration, extension or reconstruction on of a nonconforming single family dwelling, and under the Second Except clause of Section 6 of M.G.L., Ch. 40A, the Zoning Act, such a proposal requires the grant of a Special Permit.   The property contains 8,712 sq. ft. in an R-20 Zoning District.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw

Approval of minutes

Plans, site plans, and all other documents related to these Appeals are on file with the Department of Community Development, located at 261 George Ryder Road and may be viewed Monday through Thursday, 7:00 a.m. to 4:00 p.m.;  Friday, 7:00 a.m. to 12:30 p.m.

Edward M. Fouhy
Chairman