Information for Meeting of Zoning Board of Appeals
Thursday May 24, 2018 4:00 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
AMENDED AGENDA

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, May 24, 2018, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Executive Session - MGL Ch. 30A, §21 #3 – To discuss strategy with respect to litigation (Chatham Bars Inn; 20-45 Chatham Bars Avenue) and the Chair declares that an open meeting may have a detrimental effect on the litigating position of the public body.

Application No. 16-091: CBI 20 45 Chatham Bars Avenue LLC, c/o Matthew Kozol, Esq., 31 St. James Avenue, Suite 925, Boston, MA  02116, appealed the issuance of a Cease and Desist order of the Building Commissioner, issued on October 13, 2016 for the property located at 45 Chatham Bars Avenue, also shown on the Town of Chatham Assessors Map 15D Block 39 Lot C16.  The applicant seeks to have the Building Commissioner’s Cease and Desist Order reversed.  The property contains 34,848 square feet in an R20 Zoning District.  The Applicant appealed under Section VIII.D.2.a. Administration, Powers, Appeals, of the Town of Chatham Protective Bylaw and M.G.L Chapter 40A, Sections 8 & 15. Continued from January 26, 2017, May 25, 2017 and September 28, 2017.

Application No. 18-031: John and Sandra O’Brien, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owner of property located at 12 Pepper Lane, also shown on the Town of Chatham’s Assessors’ Map 15E Block 41 Lot D8.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of dormers.  The existing dwelling is nonconforming in that it is located 12 feet from the road where 25 feet is required, is located 8.1 feet from the westerly abutter and 10.2 feet from the southerly abutter where 15 feet is required.  The proposed dormers will be nonconforming in that they will be setback 16.5 feet from the road where 25 feet is required. The existing building coverage and the proposed building coverage will remain 1,121 square feet (27.1%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 4,140 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 Chatham Protective Bylaw.
 
Application No. 18-032: Gregory K. Johnson, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 96 Old Wharf Road, also shown on the Town of Chatham’s Assessors’ Map 16I Block 2 Lot TS1.  The Applicants seek to replace and expand the existing elevated walkway and bridge within the Coastal Conservancy District.  The total lot size is 43,000 square feet and the property is located within the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 9 and Sections IV.A.3.a., IV.A.6.d. and VIII.D.2.b. of the Chatham Protective Bylaw.  

Application No. 18-033: Kevin and Kristyne Brownlie, c/o Richard Roy, 123A Queen Anne Road, Harwich, MA 02645, owner of property located at 48 Marsh View Road, also shown on the Town of Chatham’s Assessors’ Map 8C Block 14 Lot S75.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of additions.  The existing dwelling is nonconforming as to building coverage and Coastal Conservancy District setbacks.  The proposed additions will be nonconforming in that they will be located within the Coastal Conservancy District setback (Flood Plain ele. 11).  The existing building coverage is 1,031 square feet and the proposed building coverage is 1,682 square feet where 2,800 square feet is the maximum allowed.  The lot is nonconforming in that it contains 920 square feet of buildable upland and 12,000 square feet of land area 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 Chatham Protective Bylaw.  
Application No. 18-034: Casey Family Trust, c/o Stephanie Sequin, PO Box 439, South Orleans, MA 02662, owner of property located at 188 Woodland Way, also shown on the Town of Chatham’s Assessors’ Map 11K Block 25B Lot HC60.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of additions.  The existing dwelling is nonconforming in that it is located 24.6 feet from the road (Cove Lane).  The proposed additions will be nonconforming in that they will be setback 26 feet from the road where 40 feet is required. The existing building coverage is 2,360 square feet and the proposed building coverage will be 2,621 square feet where 2,950 square feet is the maximum allowed.  The lot is nonconforming in that it contains 26,868 square feet where 40,000 square feet is required 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.

Application No. 18-035: Dyan Leonard, c/o Ken Murphy, PO Box 43 Chatham, MA 02633, owner of property located at 85 Sweetbriar Drive, also shown on the Town of Chatham’s Assessors’ Map 6D Block 64 Lot X10.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a second floor addition within the abutters setback.  Also proposed is a conforming 18 square foot addition on the front of the dwelling.  The existing dwelling is nonconforming in that it is located 7.9 feet from the northerly abutter where a 15 setback is required.  The existing building coverage is 12,584 square feet and the proposed building coverage is 12,602 square feet for the entire condominium complex.  The lot is nonconforming in that it contains multiple dwelling on a single lot but is conforming in that it contains 3.82 acres 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 Chatham Protective Bylaw.   

Application No. 18-036: Richard Banziger, c/o Sarah Turano-Flores, Esq., PO Box 1630, Hyannis, MA 02601, owners of property located at 95 Strong Island Road, also shown on the Town of Chatham’s Assessors’ Map 13M Block 56 Lot B16.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the expansion of the existing deck.  The existing dwelling is nonconforming in that it is located within the Coastal Conservancy District (Flood Plain ele. 12).  The proposed deck will be nonconforming in that it will be located within the Coastal Conservancy District where a 50 foot setback is required.  The lot is nonconforming in that it contains no buildable upland where 20,000 square feet is required and contains 36,920 square feet where 40,000 square feet is required in the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 & 9 and Sections IV.A.6.d., V.B & VIII.D.2.b. of the Chatham Protective Bylaw.  

Other Business: 
Approval of minutes 
Remote Participation Policy
Public Comments 

Plans, site plans, and all other documents related to these Applications 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 Nixon
Chairman