Information for Meeting of Zoning Board of Appeals
Thursday July 10, 2014 4:00 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, July 10, 2014, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following appeals:

Appeal No. 14-038: David and Michele Mittelman, 16 Rolling Lane, Dover, MA  02030, c/o William F. Riley, Esq., PO Box 707, Chatham, MA  02633, owner of property located at 840 Fox Hill Road, also shown on the Town of Chatham’s Assessors’ Map 12L, Block 12, Lot H2. The appellant proposes to modify the existing dwelling by removing the existing structure above the first floor deck and replacing the first and second floors.  The existing dwelling is nonconforming in that it is 21.9 feet from the Coastal Conservancy District where 50 feet is required. The existing building coverage is 3,725 square feet (9.2%), the proposed dwelling has a building coverage of 5,080 square feet (12.5%) where 4,056 square feet (10%) is allowed, thereby creating a new nonconformity.  The proposed dwelling will have a height of 30 feet above the average grade plane, meeting the Protective Bylaw restriction.  Also proposed is to demolish and rebuild the nonconforming garage/guesthouse.  The existing garage/guesthouse is nonconforming in that it is located 25.2 feet from the road where 40 feet is required.  The proposed garage/guesthouse will be same footprint and relocated on the lot to meet the required setbacks.  The lot contains 40,565 square feet of upland and is nonconforming in that it contains a main dwelling and a guesthouse where there is sufficient land for only one dwelling.  The Zoning District is R-40.  A Special Permit is required under Section V.B. Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw.

Appeal No. 14-044: Paul Julien, Trustee, 39 Sheridan Road, Wellesley, MA  02481, c/o William F. Riley, Esq., 154 Crowell Road, Box 707, Chatham, MA 02633, owner of property located at 138 Mooncussers Lane, Chatham, MA, also shown on the Town of Chatham’s Assessors’ Map 10A, Block 3, Lot H1.  The appellant proposes to modify Special Permit No. 14-029 to comply with an abutters request to relocate the cottage north so abutter retains view of the water.  The revised site plan shows setbacks are being met.  The Zoning District is R-40.   A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw.

Appeal No. 14-045: Eastward MBT, LLC, Trustee, Eastward Companies Business Trust/Stephen & Margaret Hecht, 155 Crowell Road, Chatham, MA  02633, owners of property located at 11 & 15 Shattuck Place, Chatham, MA, also shown on the Town of Chatham’s Assessors’ Map 15D, Block 98, Lot 73. The appellants propose to modify Special Permit No. 14-032 to revise the conditions.  At 11 Shattuck Place, the Appellants wish to install exterior mechanical appliance system (AC) that have a decibel level of 74 dB, upon the condition that sound blankets be installed that will reduce the decibel level by 5 dB.  At 15 Shattuck Place, the Appellants wish to install exterior mechanical system appliance (AC) that have a decibel level of 74 dB, upon which the condition that sound blankets be installed that will reduce the decibel level by 5 dB.  Also, at 15 Shattuck Place, the Applicant is seeking relief from the requirement to install the fence.  The lot is in the R20 Zoning District.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw.

Appeal No. 14-042: Sorbello Landscaping, 3 Pheasant Run, Holmdel, New Jersey, 07733, c/o William G. Litchfield, Esq., 330 Orleans Road, Chatham, MA  02650, agreed vendee of property located at 347 Orleans Road, also shown on the Town of Chatham’s Assessors’ Map 14I, Block 44, Lot 8. The appellant proposes to operate a landscaping business under Section I.C. of the Chatham Protective Bylaw which allows a determination by the Zoning Board of Appeals that a use not specifically listed as permitted could be authorized in the zoning district.  The property consists of a residence and structures formerly used as a retail sales and repair facility.  The existing site coverage is 5,011 square feet (15.7%) and the proposed site coverage is 9,470 square feet (29.7%) where 50% is allowed.  The structures are nonconforming in that the road setback is approximately 19 feet where 50 feet is required.  The lot contains 31,835 square feet.  The Zoning District is Small Business (SB).  A Special Permit is required under Section VIII. D. 2.b. of the Protective Bylaw. Hearing was opened on June 26, 2014 and continued until July 10, 2014.

Appeal No. 14-043:  Sorbello Landscaping, c/o William G. Litchfield, Esq., 330 Orleans Road, Chatham, MA  02650, owner of property located at 347 Orleans Road, also shown on Assessors Map 14I, Block 44, Lot 8.  The Appellant is requesting the grant of a Permit by the Sign Code Appeals Committee to erect a replacement sign totaling 20 square feet, thereby exceeding the maximum of 6 square feet for an allowed business use in the Small Business District.  The Appellant further seeks a Special Permit to install a total of two signs on the property when one is the maximum allowed.  The property contains 31,835 square feet, and is located within the SB District.  A Permit is sought under Section 225-19 of the Chatham Sign Code, which allows for the grant of a permit varying the specific requirements of the Bylaw when the site is appropriate, the signs will not be a nuisance or adversely affect the neighborhood, and the requirements for the permit are in accord with the general spirit and intent of the Bylaw.  Hearing was opened on June 26, 2014 and continued until July 10, 2014.

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.

David S. Nixon
Chairman