Information for Meeting of Zoning Board of Appeals
Thursday March 08, 2018 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, March 8, 2018, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 18-008: Eric and Laura Nyman, c/o William F. Riley, Esq., PO Box 707, Chatham, MA  02633, owners of property located at 280 Stage Harbor Road, also shown on the Town of Chatham’s Assessors’ Map 14C Block 53 Lot 9. The Applicant proposes to demolish the existing garage and construct a new garage with living space above in the same footprint and a 44 square foot addition. The existing dwelling is nonconforming in that it is located 27.6 feet from the road where 40 feet is required, 12 feet from the southerly abutter and 13 feet from the northwesterly abutter where a 25 foot setback is required. The proposed addition will comply with abutters setback requirements.  The existing building coverage is 2,157 square feet (18.7%) and the proposed building coverage is 2,172 square feet (18.8%) where 15% is the maximum allowed.  The lot is nonconforming in that it has 107 feet of frontage where 150 feet is required and contains 11,555 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.

Application No. 18-009: Seagull Enterprise Properties LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA  02633, owner of property located at 83 Seagull Road, also shown on the Town of Chatham’s Assessors’ Map 15A1 Block 12 Lot H98.    The Applicant proposes to expand a nonconforming pier via a 40.5 foot extension and reconfiguration of the existing nonconforming float system. The existing pier is nonconforming in that at 584 linear feet, it exceeds the maximum allowable length of 80 feet, and the existing float system contains approximately 9,232 square feet where 300 square feet is allowed. The proposed pier will be nonconforming at 624.5 linear feet and the reconfigured float system will contain approximately 9,404 square feet.  The property is located wholly within the Coastal Conservancy District/Flood Plain and contains 43,560 square feet in the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 9 and Sections IV.A.6.d. and VIII.D.2.b. of the Chatham Protective Bylaw.

Application No. 18-010: RA Real Estate Trust, c/o Paul Jenkins, Jr., PO Box 5, South Orleans, MA 02662, owner of property located at 306 Ridgevale Road, also shown on the Town of Chatham’s Assessors’ Map 6C Block 86A Lot P2.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the extension of an existing deck.  The existing deck is nonconforming in that it is located 10 feet from the Coastal Conservancy District (Flood Plain ele. 11).  The proposed deck addition will be nonconforming in that it will be located 31 feet from the Coastal Conservancy District (Flood Plain ele. 11) where a 50 foot setback is required.  The total lot size is 22,700 square feet and the property is located within 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. 18-011: Timothy Smith, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650, agreed vendee of property located at 372 Stage Harbor Road, also shown on the Town of Chatham’s Assessors’ Map 13B Block 19 Lot 5. The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and shed and the construction of a new dwelling and barn/garage.  The proposed dwelling and barn/garage will comply with the all bulk and dimensional requirements of the Bylaw, but is considered a substantial alteration and under the Second Except Clause of Section 6 of M.G.L. Chapter 40A, such substantial alteration requires the grant of a Special Permit.  The existing dwelling is nonconforming in that it is located 19.5 feet from southerly abutter where 25 feet is required.  The existing building coverage is 1,125 square feet (2.6%) and the proposed building coverage is 2,480 square feet (5.7%) where 10% is the maximum allowed.  The lot is nonconforming in that it contains 9 feet of frontage where 150 feet is required but is conforming in that it contains 43,472 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.   

Application No. 15-091: Scott C. Kelley and Linda J. Kelley, c/o William G. Litchfield, Esq. 330 Orleans Rd, North Chatham, MA  02650, owners of property located at 20 Partridge Path and 0 Mallard Road, also shown on the Town of Chatham’s Assessors’ Map3I Block 12 Lot C4 and Map 3I Block 10 Lot C6.    The Applicant seeks to extend Special Permit and Variance No. 15-091 for one year.  The current expiration date is February 9, 2018, and the proposed expiration date is February 9, 2019.  Special Permit and Variance No. 15-091 allowed the Applicants construct a 24 foot by 24 foot garage, a 34 foot by 24 foot addition, and an 8 foot by 20 foot deck on a new lot created by merging the subject lot with an adjacent lot.  The existing dwelling is nonconforming in that it has a setback from Partridge Path of 39.7 feet where 40 feet is required.  The lot on which the existing dwelling is located is nonconforming in that it contains 24,100 square feet where 60,000 square feet is required in an R-60 Zoning District.  The Applicants own an adjacent lot (0 Mallard Road), shown as Lot 4A on a plan recorded in Plan Book 320 Page 94, and the two lots will be merged, subject to approval of the extension of the Special Permit and Variance and the exercise of the rights thereby granted.  The resulting lot will contain 48,100 square feet and will thus be more conforming, and will eliminate a separately buildable lot.  A Special Permit is required under M.G.L. Chapter 40A, Section 14, and Section VIII.D.2.b. of the Protective Bylaw and a Variance is sought under Chapter 40A, Section 10, and Section VIII.D.2.c of the Protective Bylaw.  

Application No. 18-012: Thomas and Elizabeth Garvey, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 29 Battlefield Road, also shown on the Town of Chatham’s Assessors’ Map 12B Block 11 Lot C2. The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and the construction of a new dwelling.  The proposed dwelling will comply with the all bulk and dimensional requirements of the Bylaw, but is considered a substantial alteration and under the Second Except Clause of Section 6 of M.G.L. Chapter 40A, such substantial alteration requires the grant of a Special Permit.  The existing dwelling is nonconforming in that it is located 22.4 feet from northerly abutter where 25 feet is required.  The existing building coverage is 1,044 square feet (5.1%) and the proposed building coverage is 2,848 square feet (13.9%) where 2,850 square feet is the maximum allowed.  The lot is nonconforming in that it contains 100 feet of frontage where 150 feet is required and contains 20,443 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 
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