Information for Meeting of Zoning Board of Appeals
Thursday March 24, 2016 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, March 24, 2016, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:
Application No. 16-015: Benjamin and Heather Morgan, c/o William F. Riley, Esq., 156 Crowell Road, Chatham, MA  02633, owners of the property located at 398 Cedar Street, also shown on the Town of Chatham’s Assessors’ Map 11B Block 16 Lot 12.    On Remand from Land Court, the Applicants seek to modify Special Permit No. 15-072.  The Applicant proposes to now relocate the dwelling to conform to dimensional requirements.  In October, 2012, the Applicants were granted Special Permit No. 12-090 which allowed the Applicants to demolish the main dwelling and garage and construct a new dwelling and garage. In November 2015, the Applicants sought to modify Special Permit No. 12-090 to allow for an alteration in design and to include a pool.  Prior to demolition, the existing dwelling was nonconforming in that it was located 9.6 feet from the road where a 40 foot setback is required.  Prior to demolition, the existing building coverage was 7.6% and the proposed building coverage is 9.5% where 10% is the maximum allowed.  Prior to the demolition of the main dwelling, the lot was nonconforming as it contained a main dwelling and a guest house on 40,918 square feet of land area where 60,000 square feet is required in an R-40 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. 16-005: Kevin and Pam O’Brien, c/o Jack McElhinney, Esq., 63 Shore Road, Suite 23, Winchester, MA 01890, owners of property located at 400 Cedar Street, are appealing the Building Commissioner’s issuance of a Building Permit for 398 Cedar Street, owned by Benjamin K. and Heather L. Morgan, also shown on the Town of Chatham’s Assessors’ Map 11B, Block 16, Lot 12. The Applicants are appealing the issuance of a building permit as aggrieved parties under M.G.L. c. 40A, Section 8 and Section VIII D. 2.a. of the Chatham Protective Bylaw.    Continued from February 25, 2016.

Application No. 16-010: Edward F. and Cheryl Acton, c/o William G. Litchfield, 330 Orleans Road, North Chatham, MA  02650, owners of the property located at 246 Stage Island Road, also shown on the Town of Chatham’s Assessors’ Map 13A1 Block 4 Lot D28.  The Applicants seek to change, alter or extend a nonconforming dwelling on a nonconforming lot via the construction of a new dwelling to replace one destroyed by fire in January 2015.  The former dwelling was nonconforming in that it is estimated to have been setback 14 feet from the Coastal Conservancy District where 50 feet is required and had an exterior mechanical system appliance (AC unit) approximately 2 feet from the southerly abutter’s setback where 25 feet is required.  The proposed dwelling will also be nonconforming in that it will be setback from the Coastal Conservancy District 22.7 feet where 50 feet is required and will have an exterior mechanical system appliance (AC Condenser) 21.8 feet from the southerly abutter’s setback and an exterior mechanical system appliance (Generator) 20.4 feet from the southerly abutter’s setback where 25 feet is required.  The former dwelling had a building coverage of 1,432 square feet (8.5%) and the new dwelling will have a building coverage of 1,966 square feet (11.7%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 16,805 square feet of buildable upland where 20,000 square feet is required.  The total lot size is 41,514 square feet and is located within the R-40 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. 16-008: Scott Gaynor., lessee of the property located at 1238 Main Street, also shown on the Town of Chatham’s Assessors’ Map 11E Block 7 Lot 32.  The Applicant seeks an Appeals Permit under Section 225-19 of the Town of Chatham Sign Bylaw, to allow the placement of a second ground sign with proposed dimensions of 36 inch by 30 inch (7.5 square feet), where one ground sign of 6 square feet per property is allowed.  The sign is proposed to be located at the corner of Main Street and Balfour Lane and is located in a SB Zoning District.  The proposed sign requires an Appeals Permit under Section 225-19 and Section 225-24 of the Chatham Sign Bylaw.    

Application No. 16-009: John V. and Julia E. Menoni, c/o William G. Litchfield, 330 Orleans Road, North Chatham, MA  02650, owners of the property located at 38 Shane Drive, also shown on the Town of Chatham’s Assessors’ Map 14H Block 41 Lot B4.  The Applicants seek to change, alter or extend a nonconforming dwelling on a nonconforming corner lot via the construction of a 9 foot 3 inch by 16 foot 4 inch addition to the garage.  The existing dwelling (garage) is nonconforming in that it has a road setback (Bishops Terrace) of 28.4 feet where 40 feet is required.  The proposed addition will be nonconforming in that it has a road setback (Bishops Terrace) of 27.6 feet where 40 feet is required. The nonconforming westerly abutter’s setback of 16.1 feet where 25 feet is required and the road setback (Shane Drive) of 29.2 feet where 40 feet is required will not change.   The existing building coverage is 1,645 square feet (15.5%) and the proposed building coverage is 1,691 square feet (15.9%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 10,600 square feet where 40,000 square feet is required in the R-40 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. 16-011: Mary and Keith Young, c/o David Lyttle, Ryder & Wilcox, Inc, Box 439, South Orleans, MA  02662, owners of the property located at 35 Woodland Way, also shown on the Town of Chatham’s Assessors’ Map 12K Block 13 Lot HC32.  The Applicants seek to construct ramps and observation platforms within the Conservancy District.   The total lot size is 41,400 square feet and located within the R-40 Zoning District.  A Special Permit is required under Section IV.A.3 of the Chatham Protective Bylaw.  

Other Business:
Approval of minutes  
Update on proposed Conservancy and Flood Plain District Protective Bylaw Amendments

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.

Robert B. Hessler
Chairman