Information for Meeting of Zoning Board of Appeals
Thursday April 26, 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, April 26, 2018, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 18-006: Eastward MBT LLC, Trustee, c/o William F. Riley, Esq., PO Box 707, Chatham, MA  02633, owners of property located at 185 Queen Anne Road, also shown on the Town of Chatham’s Assessors’ Map 14E Block 17 Lot 2. The Applicant proposes to construct a single family dwelling and swimming pool on a split lot in the GB2/R40 zones.  The proposed dwelling and pool will comply with all bulk and dimensional requirements of the bylaw for each of the respective zones but requires the grant of a Special Permit under Sections III.C.4.c.26 and III.D.3.i.  The lot contains 14,772 square feet.  A Special Permit is required under M.G.L. Chapter 40A Section 9 and Section VIII.D.2.b. of the Chatham Protective Bylaw. Continued from February 22, 2018.

Application No. 18-020: Christopher and Kimberly Schmitt, c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA 02671, owner of property located at 188 Main Street, also shown on the Town of Chatham’s Assessors’ Map 17C Block 57 Lot 24.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the removal of the existing covered porch, deck and stairs and construction of new decks, stairs and a shower enclosure.  The existing dwelling is nonconforming as to building coverage and road, abutter and Coastal Conservancy District setbacks.  The proposed decks and stairs will be nonconforming in that they will be located 9.3 feet from the northerly abutter where a 15 foot setback is required and located within the Coastal Conservancy District setback (Flood Plain ele. 15).  The existing building coverage is 1,522 square feet (33%) and the proposed building coverage is 1,553 square feet (33.8%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 63.42 feet of frontage where 100 feet is required and contains 12,051 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. 18-021: 41 Mill Pond Lane LLC, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 41 Mill Pond Lane, also shown on the Town of Chatham’s Assessors’ Map 15C Block 9 Lot 7A.  The Applicants seek to construct an elevated stairway and replace the existing ramp over the Coastal Bank to access the existing dock.  The total lot size is 47,000 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. and VIII.D.2.b. of the Chatham Protective Bylaw.  

Application No. 18-022: Across the Pond Trust, c/o Andrew L. Singer, Esq., PO Box 67, Dennis Port, MA 02639, owners of property located at 40 Seaview Street, also shown on the Town of Chatham’s Assessors’ Map 15E Block 80 Lot 1A.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and garage and the construction of a new dwelling and garage with living space above.  The existing dwelling is nonconforming in that it is located 22.5 feet from the road where a 25 foot setback is required and is located 12.5 feet from the westerly abutter where a 15 foot setback is required.  The existing garage is nonconforming in that it is located 6.9 feet from the westerly abutter.  The proposed dwelling will be nonconforming in that it will be located 11.7 feet from the westerly abutter where a 15 foot setback is required.  The proposed garage will conform to road and abutter setback requirements.  The existing building coverage is 2,195 square feet (14.1%) and the proposed building coverage is 2,336 square feet (15%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 15,609 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. 18-023: James Mintz and Deborah Stewart, c/o Chris Cannon, PO Box 201, Chatham, MA 02633, owners of property located at 27 Eliphamets Lane, also shown on the Town of Chatham’s Assessors’ Map 16C Block 32A Lot 7E.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing enclosure and deck and the construction of a new deck.  The existing dwelling is nonconforming in that it is located 23.3 feet from the road where a 25 foot setback is required and is located within the Coastal Conservancy District (Flood Plain ele. 11).  The proposed deck will be nonconforming in that it will be located within the Coastal Conservancy District where a 50 foot setback is required.  Also proposed, is the installation of a rinse station (fencing) which requires the grant of a Special Permit under Section IV.A.3.a. of the Bylaw. The existing building coverage is 1,540 square feet (11.3%) and the proposed building coverage is 1,476 square feet (10.9%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains two dwelling units where only one is allowed and contains 13,599 square feet of buildable upland where 20,000 square feet is required.   The lot contains 20,157 square feet in the R20 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 & 9 and Sections IV.A.3.a., V.B & VIII.D.2.b. of the Chatham Protective Bylaw.  

Application No. 18-024: Stephen Kuzma, owner of property located at 2 Tabitha Terrace, also shown on the Town of Chatham’s Assessors’ Map 13E Block 23 Lot R16.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the expansion of an existing deck.  The existing dwelling is nonconforming in that it is located 11 feet from the road where 40 feet is required, 11.5 feet from the southerly abutter and 15.2 feet from the northerly abutter where 25 feet is required.  The expanded deck will be nonconforming in that it will be located 5 feet from the road where a 40 foot setback is required.  The existing and proposed building coverage is 2,225 square feet (21.6%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 100 feet of frontage where 150 feet is required and contains 10,277 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.  

Other Business:
Approval of minutes 
Discussion with the Building Commissioner regarding building coverage – Postponed until May 10, 2018
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