Information for Meeting of Zoning Board of Appeals
Thursday December 19, 2013 4:00 PM EST

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, December 19, 2013, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following appeals:

Appeal No. 13-075: Thomas E. Hughes & Martha N. Hughes, Trustees of MLT Realty Trust, 2 Smith Lane, Brewster, MA 02631, owners of property located at 2485 Main Street, also shown on the Town of Chatham Assessor’s Map 4D, Block 54, Lot 27A, submitted on behalf of Cape Equity Holdings, LLC c/o William G. Litchfield, Esq. 330 Orleans Road, N. Chatham, MA 02650.  The appellant proposes to expand a nonconforming use via creation of an additional dwelling unit.  The appellant also proposes to convert a portion of the structure to professional space where such use is only allowed by Special Permit under the Protective Bylaw.   The existing structure is nonconforming in that it contains four (4) apartments where multi-family dwellings are not allowed.  The lot is nonconforming in that it contains 17,532 square feet where 20,000 square feet is required.  The lot coverage will increase from 8,800 square feet (50.2%) to 10,092 square feet (57.6%) where 50% is allowed.  The existing structure is non-conforming in that it is 15.9 feet from the street where 50 feet is required and 12.6 feet from the westerly property line where 20 feet is required.  The property contains 17,532 square feet in a Small Business Zoning District.  The existing parking is also nonconforming in that a portion of the existing parking is setback 14 feet from the street where 60 feet is required and other parking is setback 0 feet from the property line where 15 feet is required.   A Special Permit is required under Section III.C. 3.c, District Regulations, Small Business District, Use Requiring a Special Permit, Section VIII.D.2.b, Administration, and Section V.B. Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw. 

Appeal No. 13-080: Nancy B. Borner and B. Benkhart, Trustees, Nancy H. Benkhart Trust, 19 Tarleton Road, Bedford, NY 10506 owners of property located at 22 Cabot Lane, also shown on the Town of Chatham Assessors’ Map 7A, Block 1, Lot S34.  The appellant proposes to expand a nonconforming single family dwelling via an one story  66 square foot addition.  The building coverage will increase from 1,633 square feet (16.8%) to 1,699 square feet (17.5%) where 1,456 square feet (15%) is allowed.  The lot is nonconforming in that it contains 9,710 square feet where 20,000 square feet 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. 13-063:  Frank & Susan Pinto, 23 Alba Road, Wellesley, MA  02481, c/o Frederick Cheney, 87 White Rock Road, Brewster, MA  02631, owners of property located at 171 Queen Anne Road, also shown on the Town of Chatham Assessors’ Map 14E, Block 6, Lot 12.  The appellants propose to expand a nonconforming single family dwelling via a two-story addition on the northerly side.   The proposed addition will comply with the dimensional requirements of the Protective Bylaw, but 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 existing dwelling is nonconforming in that the eastern side of the dwelling is located 23.1 feet from the property line where a 25 foot setback is required.  The lot is nonconforming in that it contains 13,566 sq. ft. where 40,000 sq. ft. is required and 78.97 linear ft. of frontage where 150 ft. is required. 13,342 square feet of the lot is located in the R-40 Zoning District and 224 square feet is located in the GB3 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. 13-081: Thomas S. Smith, PO Box 616 S. Chatham, MA 02659 owner of property located at 103 Pleasant Street, also shown on the Town of Chatham Assessors’ Map 2C, Block 52, Lot 22.  The appellant proposes to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling.  The new dwelling will conform with setback and lot coverage requirements.  The existing dwelling is 1,566 square feet and the proposed dwelling is 2,455 square feet where a maximum of 2,720 square feet (15%) is allowed.  The existing dwelling is nonconforming in that the northerly side is 12.2 feet from the property line where 15 feet is required and the front of the dwelling is 24.3 feet from the road where 25 feet is required.  The lot is nonconforming in that it contains 18,136 square feet where 20,000 square feet 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. 13-082: Gordon and Ann Woodward, 32 Bretton Ridge Road, Bedford Corners, NY 10549-4701, c/o Polhemus, Savery, DaSilva,  101 Depot Road, Chatham, MA 02633, owner of property located at 34 Sears Point Road, also shown on the Town of Chatham Assessors’ Map 11A, Block 5, Lot 10-B.  The appellant proposes to relocate an existing mowed path from the western edge of the parcel to the eastern portion towards the waters edge.  The proposed mowed path will be 4’ wide and approximately 300 feet in length.  The proposed path falls within the Coastal Conservancy District where a 50 foot setback is required.  The construction of unpaved trails is allowed with the grant of a Special Permit under Section IV Overlay Regulations A. Conservancy District, 3. a. of the Protective Bylaw.   The Zoning District is R-40.  

Appeal No. 13-083: James Curran, 91 Meadow Brook Road, North Chatham, MA 02650, owner of property located at 91 Meadowbrook Road, North Chatham, MA  02650, also shown on the Town of Chatham Assessors’ Map 13H, Block 20, Lot SS-27.  The appellant proposes to expand a nonconforming single family dwelling via the addition of a standby generator 10 feet from the westerly lot line where a 25 foot setback is required.  The dwelling is nonconforming in that it is setback approximately 20 feet from the westerly boundary where 25 feet is required.  Lot contains 10,000 square feet where 40,000 square feet is required and is located within the R-40 district.  A Special Permit is required under a Section V.B. Nonconforming Lots, Buildings and Uses; Enlargement, Extension or Change, of the Protective Bylaw.    

Other Business:

Approval of minutes     
Annual Election of Officers

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.

David S. Nixon
Chairman