Information for Meeting of Zoning Board of Appeals
Thursday September 14, 2017 4:00 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, September 14, 2017, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 17-068: William F. and Marie A. Franklin, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owners of property located at 120 Cranberry Lane (SC), also shown on the Town of Chatham’s Assessors’ Map 7C Block 20 Lot G26A. The Applicant proposes to change, alter, or expand a nonconforming dwelling on a nonconforming lot via the construction of a second floor addition and roof over the existing entryway.  The proposed second floor addition and entryway will comply with road and abutters setback requirements.  The existing dwelling is nonconforming in that it is located partially within the Coastal Conservancy District (Flood Plain ele. 11) where a 50 foot setback is required. The lot is nonconforming in that it contains 4,570 square feet of buildable upland and contains 11,190 square feet where 20,000 square feet is required in an 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. 17-069: Eastward MBT LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of the property located at 17 Hydrangea Lane, also shown on the Town of Chatham’s Assessors’ Map 13F Block 29 Lot H17.  The Applicant seeks to modify Special Permit No. 16-080 granted on November 3, 2016, to alter the location of the retaining wall listed in Condition No. 2 and to construct an additional retaining wall adjacent to the southerly property line.  This condition required that the rear retaining wall will be built per the approved site plan and any changes to the retaining wall would require an amendment to the Special Permit. The lot contains 16,519 square feet where 10,000 square feet is required in a GB3 Zoning District.   A Special Permit is required under M.G.L. Chapter 40A Section 14 and Section V.B. of the Chatham Protective Bylaw.  
  
Application No. 17-070: 4 Shore Rd LLC, c/o E.F. Winslow, 8 Reardon Circle, South Yarmouth, MA 02664, owner of property located at 4 Shore Road, also shown on the Town of Chatham’s Assessors’ Map 17C Block 54 Lot F1. The Applicant proposes to change, alter, or expand a nonconforming dwelling on a nonconforming lot via the installation of an exterior mechanical system appliance (generator) 8.1 feet from the northerly abutter and 24 feet from the road.  The existing exterior mechanical appliances (air conditioning condensers) are nonconforming in that they are located 11 feet from the northerly abutter where a 25 foot setback is required. The lot is nonconforming in that they contain 20,000 square feet where 40,000 square feet is required in an R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Section VIII.D.2.b. of the Chatham Protective Bylaw.

Application No. 17-071: John A. Morin Revocable Trust, c/o John Morin, owner of property located at 7 Brittain Avenue, also shown on the Town of Chatham’s Assessors’ Map 6C Block 118 Lot S30.  The Applicant seeks to enlarge, extend, or change a conforming dwelling on a nonconforming lot via the demolition of the existing dwelling and the construction of a new dwelling.  The proposed dwelling will comply with the all bulk and dimensional requirements of the Bylaw, but is considered a substantial alteration and under the Second Except Clause of Section 6 of M.G.L. Chapter 40A, such substantial alteration requires the grant of a Special Permit.  The existing building coverage is 983 square feet (8.2%) and the proposed building coverage is 1,784 square feet (14.9%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 11,966 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 Protective Bylaw.   
Application No. 17-072: Robert E. and Joanne C. Goodman, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 36 Kent Place, also shown on the Town of Chatham’s Assessors’ Map 15D Block 92 Lot 71.  The Applicant seeks to enlarge, extend, or change 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 in that it is setback of 14 feet from the easterly abutter where 15 feet is required. The existing garage is and will remain nonconforming as it is setback 0 feet from the southerly abutter where 15 feet is required.  The proposed dwelling will meet all setback requirements of the Bylaw.  The existing building coverage is 1,788 square feet (15.6%) and the proposed building coverage is 2,127 square feet (18.6%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 11,439 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 Protective Bylaw.   

Application No. 17-074: Sugartown Worldwide LLC, d/b/a/ Lily Pulitzer, c/o William F. Riley, Esq. P.O. Box 707 Chatham,  MA 02633, lessees of property located at 483 Main Street, also shown on the Town of Chatham’s Assessors’ Map 15D Block 79 Lot 52. The Applicant proposes to establish and operate a Formula Business (retail clothing) under Section III.C.4.c of the Protective Bylaw.  The Applicant is and proposes to do business as a retail clothing store, which utilizes a standard array of merchandise, logo, layout, symbol and signage utilized by ten or more other businesses worldwide.  The stores include approximately 2,800 square feet of total space.  There are no changes proposed to the existing structure. The property contains 12,880 square feet in a GB1 Zoning District.  A Special Permit is required under Section III.C.4.c. and Section VIII.D.2.b. of the Chatham Protective Bylaw.

Application No. 17-060: Top Notch Location LLC, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 409 Main Street, also shown on the Town of Chatham’s Assessors’ Map 16D Block 7 Lot A33.  The Applicant seeks to enlarge, extend, or change a nonconforming structure on a nonconforming lot via the construction of additions.  The existing structure is nonconforming in that it is setback 2.5 feet from the road and 3.7 feet from the easterly abutter where a 5 foot setback is required. The proposed structure will be nonconforming in that it will be 1.2 feet from the easterly abutter where 5 feet is required.  The existing lot coverage is 1,040 square feet (24.8%) and the proposed lot coverage is 1,316 square feet (31.3%) where 90% is the maximum allowed.  The lot is nonconforming in that it contains 42 feet of frontage where 50 feet is required and contains 4,200 square feet where 5,000 square feet is required in the GB1 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Section V.B. of the Protective Bylaw.  In the alternative under Application No. 17-061, the Applicant seeks a Variance under Section VIII.D.2.c. to allow for the construction of additions as described above.  A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw.  Continued from August 10, 2017.           

Other Business:
Approval of minutes 
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