Information for Meeting of Zoning Board of Appeals
Thursday November 20, 2014 3:00 PM EST

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, November 20, 2014, starting at 3:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following appeals:

Appeal No. 08-115: James H. and Martha R. Higgins, c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA 02671, owner of property located at 39 Wapoos Trail, also shown on the Town of Chatham’s Assessors’ Map 14A3, Block 12, Lot N88. The appellants seek to extend the Special Permit No. 08-115 for one year.  The current expiration date is December 9, 2014, and the proposed expiration date is December 9, 2015.  Special Permit No. 08-115 allowed the Appellants to demolish the existing dwelling and construct a new dwelling 43 feet from the Coastal Conservancy District where 50 feet is required, with a proposed deck 35 feet from the Coastal bank, and increase the building coverage from 2,008 square feet (5%) to 4,286 square feet (10.6%) where the maximum of 10% is allowed.  The existing dwelling is nonconforming in that it is located 24 feet from the Coastal Conservancy District where 50 feet is required, and 39.5 feet from the westerly abutters setback where 40 feet is required.  The property contains 57,638 square feet with a total of 40,350 square feet of buildable upland.  The Zoning District is R-40.  A Special Permit is required under Section V.B., of the Chatham Protective Bylaw and under M.G.L. Chapter 40A Section 6.  

Appeal No. 14-078: Eastward MBT, LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA  02633, owner of property located at 726 Orleans Road, also shown on the Town of Chatham’s Assessors’ Map 12J, Block 5, Lot 1. The appellants seek to change, alter, or extend a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and construction of a new dwelling.  The existing dwelling is nonconforming as it is 8 feet from the Conservancy District where 50 feet is required.  The proposed dwelling will be 30 feet from the Conservancy District where 50 feet is required.  The proposed dwelling will meet all other dimensional requirements. The existing building coverage is 552 square feet (2.9%) and the proposed building coverage is 2,797 square feet (13.9%) where 2,900 square feet (15%) is allowed.  The lot is nonconforming as it contains 39,030 square feet where 40,000 is required and contains 18,597 square feet of buildable upland where 20,000 square feet is required.   The Zoning District is R-40.  The Applicant is also proposing to relocate an existing footpath within the Conservancy District which also requires a Special Permit. A Special Permit is required under Section V.B. and Section IV, of the Chatham Protective Bylaw and under M.G.L. Chapter 40A Section 6.  

Appeal No. 14-079: Eileen M. Segerson, Trustee, c/o Hayes, Messina, Gilman & Hayes, LLC, 200 State Street, 6th Floor, Boston, MA  02109, owner of property located at 0 Wilfred Road, also shown on the Town of Chatham’s Assessors’ Map 11G, Block 27, Lot B2. The appellants seek to construct a nonconforming dwelling on a nonconforming lot.  The proposed dwelling is 5 feet 4 inches from the road setback where 25 feet is required, but will comply with the abutter’s setback and Inland Conservancy setback.  The proposed deck is 22 feet from the Conservancy District where 25 feet is required.  Proposed building coverage is 1,408 square feet (17.2%) where 2,900 square feet is the maximum allowed.  The lot contains 22,380 square feet and has 327 feet of frontage, but is nonconforming due to the lot’s dimensions, however the lot meets the requirements of Section V.D.1 of the Protective Bylaw as the lot was created in 1961, complied with zoning requirements at that time, was provided with public water, had sufficient frontage and was greater than 5,000 square feet.  The Zoning District is R-20.  A Variance is required under Section V.III.D.2.c of the Protective Bylaw.  

Appeal No. 14-080: Ross A. Dowd and Marnie E. Hrones, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650, owner of property located at 39 Eliphamets Lane, also shown on the Town of Chatham’s Assessors’ Map 16C, Block 32, Lot 7C. The appellants seek to change, alter, or extend a nonconforming dwelling on a nonconforming lot via the raising and relocation of the existing dwelling, construction of a sunroom, and construction of a garage.  The proposed garage will be located 12 feet 8 inches from the abutter’s setback where 15 feet is required.  The existing dwelling is located 8 feet 3 inches from the abutter’s setback where 15 feet is required.   The existing dwelling has an abutter’s setback of 15.2 feet from the Conservancy District, the proposed dwelling has an abutter’s setback of 10.1 feet from the Conservancy District where 50 feel is required.  The existing building coverage is 1,285 square feet (9.7%), and the proposed building coverage will be 1,662 square feet (12.5%) where 2,800 square feet (15%) is the maximum allowed.  The lot is nonconforming in that it contains 13,320 square feet where 20,000 square feet is required.  The Zoning District is R-20.  A Special Permit is required under Section V.B., of the Chatham Protective Bylaw and under M.G.L. Chapter 40A Section 6.  

Appeal No. 14-081: Kevin and Kendra Seth, c/o Polhemus Savery DaSilva, 101 Depot Road, Chatham, MA , 20633, owner of property located at 45 Cranberry Lane, also shown on the Town of Chatham’s Assessors’ Map 15J, Block 2, Lot 9. The appellants seek to change, alter, or extend a nonconforming dwelling on a nonconforming lot via the construction of an addition to the existing cottage.  The existing cottage is nonconforming as it is located 24 feet 8 inches from the westerly abutter’s setback where 25 feet is required and 39 feet 1 inch from the northerly road setback where 40 feet is required.   The proposed addition will increase the building coverage from 3,225 square feet (11.7%) to 3,293 square feet (12%) where 10% is allowed.  The lot is nonconforming in that it contains 34,690 square feet where 40,000 square feet is required.  The Zoning District is R-40.  A Special Permit is required under Section V.B., of the Chatham Protective Bylaw and under M.G.L. Chapter 40A Section 6.  

Appeal No. 14-061: Donna Sedita, c/o Peter S. Farber, PO Box 768, North Chatham, MA  02650, owner of property located at 341 Pleasant Street, also shown on the Town of Chatham’s Assessors’ Map 2A, Block 29, Lot T7A. The appellant seeks to change, alter, or expand a nonconforming dwelling on a nonconforming lot via demolishing the existing dwelling and constructing a new dwelling.  The existing dwelling is nonconforming as it is 1.76 feet setback from the road and the proposed dwelling will be 9.9 feet setback from the road with a front canopy 5.4 feet setback from the road where 25 feet is required.  The existing dwelling is 11.86 feet from the northerly abutter’s setback and the proposed dwelling will be 18.1 feet abutters’ northerly setback where 15 feet is required.  The existing dwelling is 8.97 feet from the easterly abutter’s setback and the proposed dwelling is 6.1 feet from the easterly abutter’s setback where 15 feet is required.  The lot is nonconforming as it contains 9,476 square feet when 20,000 square feet is required.  The Zoning District is R-20.  A Special Permit is required under Section V.B., of the Chatham Protective Bylaw.  Continued from October 9, 2014.

Appeal No. 14-086: Richard E. Pinckert, Trustee and Nell N. Pinckert, Trustee, c/o William F. Riley, Esq., PO Box 707, Chatham, MA  02633, owner of property located at 20 Shore Road, also shown on the Town of Chatham’s Assessors’ Map 16C, Block 5, Lot 74. The appellant seeks to place an exterior mechanical system appliance (generator) 10 feet from the abutter’s setback where 25 feet is required.  The existing dwelling is nonconforming as it is 19.2 feet from the road setback where 40 feet is required.  The lot is nonconforming as it contains 11,704 square feet where 40,000 is required.  The Zoning District is R-40.  A Special Permit is required under Section V.B. of the Chatham Protective Bylaw and M.G.L. Chapter 40A Section 6.  


Other Business:
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.

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 S. Nixon
Chairman