| Agenda: | The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, November 1, 2012, starting at 3:00 p.m. in the Town Annex Meeting Room, 261 George Ryder Road, on the following appeals:
Appeal No. 12-096: William & Susan Mooney, 34 Emery Field, Chatham, MA 02633, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA 02633, owners of property located at 7 Emery Field, also shown on Assessors’ Book Page 14C as Lot B6. The appellants propose to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling, 13.9 feet from Emery Field and 36 feet from Cedar St. where a 40 foot setback is required from each road, and 21.4 feet from the westerly lot line where a 25 foot setback is required. The building coverage will increase from an existing 11% (1,481 sq. ft.) to 15.8% (2,130 sq. ft.) where a maximum of 15% is allowed. The existing dwelling is nonconforming in that it is located 22.2 feet from Emery Field where a 40 foot setback is required and 21.4 feet from the westerly lot line where a 25 foot setback is required. The lot is nonconforming in that it contains 14,854 sq. ft. where 40,000 sq. ft. is required, and 13,500 sq. ft. of buildable upland where 20,000 sq. ft. is required. The Zoning District is R-40. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.
Appeal No. 12-097: 475 Main Street, LLC, P.O. Box 1348, W. Chatham, MA 02633, c/o Michael D. Ford, Esq., P.O. Box 485, W. Harwich, MA 02671, owners of property located at 471 & 475 Main Street, also shown on Assessors’ Book Page 15D as Lots 49 & 51. The appellants propose to change, alter and expand nonconforming structures (used for retail and apartment) via the demolition of a building at 465 Main Street, the relocation of the building at 471 Main Street to the northeasterly side of the property, and the construction of a new addition between 475 Main Street and the relocated building. Additionally proposed is the addition of a two-bedroom Apartment Incidental to Commercial Use on the second floor of the new addition, and the conversion of an area on the second floor of 475 Main Street currently used for storage and office space to a 2-bedroom apartment Incidental to Commercial Use, for a total of three apartments where a maximum of two is allowed under Section VII, Special Regulations, Specific Standards, Apartment Incidental to a Commercial and Industrial Use, which requires 10,000 sq. ft. of buildable upland for each apartment. Section VI.,B.6.g., Supplementary Regulations, Parking Requirements, Required Spaces, of the Protective Bylaw requires one parking space for each 150 sq. ft. of retail space and two spaces for each residential dwelling unit; therefore, the number of proposed parking spaces will be deficient and will require the grant of a Special Permit. Section VI.C.1., Supplementary Regulations, Off-Street Loading Requirements, of the Protective Bylaw requires an off-street loading space for any building which is erected, enlarged or altered for business, industrial or institutional purposes which contains over 5,000 sq. ft. of gross building area. The proposal does not contain a provision for such loading space and therefore the applicants must request relief from this requirement from the Zoning Board of Appeals. The existing buildings are nonconforming in that the establishment of an Apartment Incidental to a Commercial Use requires the grant of a Special Permit, and 475 Main Street is nonconforming in that it is located 1 foot from the road where a 5 foot setback is required. A Special Permit is required under Section III.C.4.c., District Use Regulations, GB Districts, Uses Requiring a Special Permit, Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, Section VI.B.6.g., Supplementary Regulations, Parking Requirements, Required Spaces, Section VI.C.1., Supplementary Regulations, Off-Street Loading Requirements, and Section VIIB.4., Special Regulations, Specific Standards, Apartment Incidental to a Commercial and Industrial Use of the Protective Bylaw. The property contains 21,518 sq. ft. in a GB-1 Zoning District.
This hearing will be opened and continued to a future date; the date will be determined at this November 1, 2012 public hearing.
Appeal No. 12-098: Joanne Sheehan, Trustee, The Mill Pond Road Realty Trust, 406 North Road, Hampton, MA 01036, c/o William G. Litchfield, Esq., 330 Orleans Road, No. Chatham, MA 02650, owner of property located at 43 Mill Pond Road, also shown on Assessors’ Book Page 15D as Lot 36A. The appellant proposes to expand a nonconforming single family dwelling via the addition of an approximately 604 sq. ft. master bedroom, bath and storage on the easterly side. One bedroom will be eliminated via internal renovations. The proposed addition will comply with road and abutter setback requirements and height requirements, however, the building coverage will increase from an existing 2,805 sq. ft. to 3,409 sq. ft. where a maximum of 2,900 sq. ft. is allowed. The lot is nonconforming in that it contains 29.86 linear ft. of frontage where 100 ft. is required. The Zoning District is R-20. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, of the Protective Bylaw.
Appeal No. 12-099: Muller Associates of Chatham, LLC, 6 Echo St., Chatham, MA 02633, c/o William G. Litchfield, Esq., 330 Orleans Road, No. Chatham, MA 02633, owners or property located at 400 Main St., also shown on Assessors’ Book Page 16D as Lot 9. The appellants are requesting the grant of a Special Permit to use a portion of a lot so divided for a use allowed only in the less restrictive zoning district, i.e., to locate parking use in conjunction with the GB-2 portion of the lot partially within the R-20 portion of the lot, as now exists. The property contains 42,197 sq. ft. in GB-2 and R-20 Zoning Districts. A Special Permit is required under Section III.D.3.h., Lots In More Than One District, of the Protective Bylaw.
Appeal No. 12-100: Robert & Marcia Benson, 1731 Main St.,Chatham, MA 02633, c/o Daniel A. Sylver, 17 Pond View Ave., Chatham, MA 02633, owners of property located at 1731 Main St., also shown on Assessors’ Book Page 8E as Lot 5. The propose to expand a nonconforming single family dwelling via the addition of 480 sq. on the westerly side, containing a master bedroom, bath and storage. 39 feet from the road where a 50 foot setback is required. The existing dwelling is nonconforming in that it is located 7.7 feet from Main St. and 39.5 feet from Market Place where a 50 foot setback is required from each road, and because a Special Permit is required for a single family dwelling in a GB-3 Zoning District. The property contains 25,054 sq. ft. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.
Appeal No. 12-101: Mark How & Craig Rafter, 266 Main St., Suite 43, Medfield, MA 02052, c/o William G. Litchfield, Esq., 330 Orleans Road, No. Chatham, MA 02633, agreed vendees of property located at 1532 Main St., also shown on Assessors’ Book Page 9E as Lot 6A. The appellants propose to convert a nonconforming structure and use (professional offices and residential apartments) to another nonconforming use (converting the professional offices to 2 apartments on the first floor, for a total of 4 apartments). The existing uses are nonconforming in that the operation of a Professional Office in an SB Zoning District requires the grant of a Special Permit and residential apartments are not an allowed use in the Zoning District. The conversion of one nonconforming use to another nonconforming use can only be accomplished via the grant of a Special Permit. The property is nonconforming in that parking is located 2 feet from the primary road where a 60 foot setback is required and 11 feet from the secondary road where a 20 foot setback is required. The lot is nonconforming in that it contains 18,468 sq. ft. where 20,000 sq. ft. is required, and the lot coverage, at 58.6%, exceeds the maximum allowable coverage of 50%. The property contains 18,468 sq. ft. in an SB 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 |