Information for Meeting of Zoning Board of Appeals
Thursday February 12, 2015 4:00 PM EST

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, February 12, 2015, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following appeals:

Appeal No. 14-097: Brian Anderson, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650, owner of property located at 368 Stony Hill Road, also shown on the Town of Chatham’s Assessors’ Map 15I, Block 23, Lot E4.  The appellant seeks to change, alter, or expand a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and the construction of a new dwelling, pool, and pool house.  The existing dwelling is nonconforming in that it is located 15 feet from the northerly abutter’s setback where 25 feet is required.  The existing building coverage is 2,205 square feet and the proposed building coverage is 2,337 square feet where 2,850 is the maximum allowed.  The proposed dwelling will comply with road and abutter’s setbacks, height, and building coverage requirements.  The lot is nonconforming in that it has 111.13 feet of frontage where 150 feet is required, and contains 20,690 square feet where 40,000 square feet is required.  The zoning district is R-40.   A Special Permit is required under Sections V.B. of the Chatham Protective Bylaw.  

Appeal No. 14-098: Derval Kenny, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650, owner of property located at 132 Crows Pond Road, also shown on the Town of Chatham’s Assessors’ Map 10L Block 7C Lot CU1 & Map 10L Block 7D Lot CUA.  The appellant seeks to construct and maintain a 4 foot wide footpath located within the Conservancy District.  The lot contains 117,900 square feet and is located within the R-40 zoning district.   A Special Permit is required under Section IV and VIII of the Chatham Protective Bylaw.  

Appeal No. 14-099: Joe Kitts and Michelle Molony Kitts, c/o James M. Norcross, Esq., 154 Crowell Road, PO Box 707, Chatham, MA  02633, owners of property located at 35 Lord’s Pond Lane, also shown on the Town of Chatham’s Assessors’ Map 11I Block 48 Lot G36.  The appellant seeks to construct an addition and extend an existing deck on the existing dwelling as well as construct a garage.  The existing dwelling is nonconforming as it is located 22.3 feet from the easterly abutter’s setback where 25 feet is required, and is located 6.5 feet from the Conservancy District where 50 feet is required.  The proposed dwelling addition will be 1.5 feet setback from the Conservancy District where 50 feet is required.  The proposed garage will be 21.2 feet from the easterly abutter’s setback where 25 feet is required.  The existing building coverage is 950 square feet (5.2%) and the proposed building coverage is 2,013 square feet (11%) where 15% is the maximum allowed with a lot containing 18,339 square feet of buildable upland.  The lot is nonconforming as it contains 39,360 square feet where 60,000 square feet is required and 42.68 feet of frontage where 150 feet is required in the R60 Zoning District.   A Special Permit is required under Section V.B. of the Chatham Protective Bylaw and 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.  Continued from January 8, 2015.

Appeal No. 14-091: Seagull Enterprise Properties, LLC, c/o Andrew Singer, Esq., 26 Upper County Rd, Dennis Port, MA 02639, owner of property located at 83 Seagull Road, also shown on the Town of Chatham’s Assessors’ Map 15A1, Block 12, Lot H98. The appellant proposes to add a 12.5 foot by 60 foot boat rack with three levels (18 boat capacity), add a third level to the two existing 12.5 foot by 40 foot boat racks (additional 8 boat capacity) and shift gravel parking spaces, all located on westerly portion of the pre-existing nonconforming marina.  The proposed boat racks have been deemed a “structure” by the Building Commissioner but are exempted from setback requirements under Section IV A. 3.b.  The proposed boat racks meet the height restriction of 20 feet in the Conservancy District.  The lot contains 55,723 square feet and is located in the R-40 Zoning District and Conservancy District.  A Special Permit is required under Sections VIII. D.2.b, IV A.3., IV.A.6 and V.B. of the Chatham Protective Bylaw and M.G.L. Chapter 40A Section 6.  In the alternative and as necessary, a Variance is being sought under Section VIII D.2.c. and Appendix II of the Chatham Protective Bylaw.  Continued from January 8, 2015, for re-advertisement.

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.

Robert B. Hessler
Chairman