Information for Meeting of Zoning Board of Appeals
Thursday August 24, 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, August 24, 2017, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 17-042: Three Winds LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA  02633, owner of property located at 72 Stage Island Road, also shown on the Town of Chatham’s Assessors’ Map 14A2 Block 15 Lot D16.  The Applicant seeks a Variance from the height restriction listed in Appendix II of the Bylaw.  The existing ridge height is conforming at elevation 58.1 from average grade.  The proposed ridge elevation will be nonconforming at elevation 60, which will be 1 foot 8 ½ inches above the maximum 30 foot height allowance.  The lot contains 43,400 square feet where 40,000 square feet is required in an R40 Zoning District.  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 June 22, 2017.     

Application No. 17-041: Three Winds LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 72 Stage Island Road, also shown on the Town of Chatham’s Assessors’ Map 14A2 Block 15 Lot D16.  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 and proposed dwellings are nonconforming as to the northwesterly abutters setback of 20.7 feet where 25 feet is required.  The applicant also proposes to install exterior mechanical system appliances (A/C and generator) 16.4 feet from the northwesterly abutters setback.  The existing dwelling is nonconforming in that it is setback 11 feet from the Coastal Conservancy District.  The proposed dwelling will be nonconforming in that it is setback 4 feet from the Coastal Conservancy District where a 50 foot setback is required.  The existing building coverage is 2,946 square feet (19.5%) and the proposed building coverage is 3,516 square feet (23.3%) where 15% is the maximum allowed.  The lot is conforming in that it contains 43,400 square feet where 40,000 square feet is required but is nonconforming in that it contains 15,123 square feet of buildable upland where 20,000 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.   Continued from June 22, 2017.     

Application No. 17-065: Eileen M. Segerson, Trustee, c/o Richard Roy, 123A Queen Anne Road, Harwich, MA 02645, owner of property located at 0 Wilfred Road, also shown on the Town of Chatham’s Assessors’ Map 11G Block 27 Lot B2. The Applicant seeks a Variance from various dimensional requirements listed in Appendix II of the Bylaw to allow for the construction of a single family dwelling.  The proposed dwelling will be 5.4 feet from the road where 25 feet is required, but will comply with the abutter’s setback.  The proposed deck will be 20 feet from the Inland Conservancy District where 25 feet is required.  The proposed building coverage is 1,239 square feet (15.1%) where 15% is the maximum allowed.  The lot contains 14,200 square feet of which 8,180 square feet is buildable upland, 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 R20.  A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section V.III.D.2.c of the Protective Bylaw.  

Application No. 17-066: Richard S Hoyt, Hamilton J. Whitlock, Jr. and Diana Hoyt Whitlock c/o Benjamin Zehnder, Esq., PO Box 2300, Orleans, MA  02653, owners of property located at 0 Atwood Lane, also shown on the Town of Chatham’s Assessors’ Map 13A Block 42 Lot H20.  The Applicant proposes to modify Special Permit No. 98-046, granted on July 9, 1998, which allowed the Applicant to construct an accessory structure (tennis court) on an unimproved lot.  The Applicant now seeks to modify Special Permit No. 98-046 via the modification of Condition No. 1.  The applicant proposes to transfer the parcel to an LLC form of ownership. The lot is nonconforming in that it contains 0 feet of frontage where 150 feet is required and is located entirely within the Flood Plain (ele. 11). The lot is conforming in that it contains 2.21 acres 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 Protective Bylaw.   

Application No. 17-067: Marianne B. Harris & William H. Bakeman, c/o Peter Larsen, PO Box 464, Eastham, MA 02642, owners of property located at 211 Countryside Drive, also shown on the Town of Chatham’s Assessors’ Map 6I Block 18 Lot N17.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of additions.  The existing dwelling is nonconforming in that it is located 30.1 feet from the road, 20 feet from the westerly abutter and 1 foot from the Coastal Conservancy District.  The proposed addition will be nonconforming in that it will be located 2.3 feet from the Coastal Conservancy District where 50 feet is required and 21.8 feet from the road where a 40 foot setback is required.  The existing building coverage is 1,263 square feet (15.4%) and the proposed building coverage is 1,941 square feet (23.7%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 8,200 square feet of buildable upland where 20,000 square feet is required, and contains 27,500 square feet where 60,000 square feet is required in the R60 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. 17-038: Thirty-Eight Briggs Way Nominee Trust, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 38 Briggs Way, also shown on the Town of Chatham’s Assessors’ Map 17D Block 5 Lot B1.  The Applicant seeks to construct an elevated stairway, a 4 foot by 75 foot seasonal pier and a 12 foot by 20 foot float in a Coastal Conservancy District (Chatham Harbor).  The lot contains 43,558 square feet of buildable upland in the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 9 and Section IV.A.3.a. and IV.A.6.c. of the Protective Bylaw. Continued from June 8, 2017 and July 13, 2017.   

Application No. 17-073: Cheryl Lubin, 3 Lady Slipper Lane, South Chatham, MA 02659, owner of property located at 3 Lady Slipper Lane, also shown on the Town of Chatham’s Assessors’ Map 1B Block 29 Lot K2.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a 48 square foot shed.  The proposed shed will comply with the road and abutter setback requirement.  The existing building coverage is 2,213 square feet (23%) and the proposed building coverage is 2,262 square feet (23.5%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 9,621 square feet of buildable upland and contains 18,100 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 VB of the Chatham Protective Bylaw.

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