Information for Meeting of Zoning Board of Appeals
Thursday July 28, 2016 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, July 28, 2016, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 16-048: Polhemus Savery Dasilva, Inc., c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA  02671, owner of property located at 136 Shattuck Place, also shown on the Town of Chatham’s Assessors’ Map 14C Block 36 Lot F10.  The Applicant proposes to modify Special Permit No. 14-031, granted on May 22, 2014, which allowed the Applicant to demolish the existing dwelling and construct a new dwelling.  The Applicant now seeks to modify Special Permit No. 14-031 to allow an alternate design of the dwelling and the addition of a pool.  The building coverage will increase from 2,553 square feet (6.4%) to 3,233 square feet (8.1%) where 15% is the maximum allowed, and 2,823 square feet (7.1%) was previously approved.  The lot is nonconforming in that it contains 39,714 square feet where 40,000 square feet is required in the R40 Zoning District.  All other bulk and dimensional regulations are conforming.  A Special Permit is required under M.G.L. Chapter 40A, Section 6, and Section V.B. of the Protective Bylaw.     

Application No. 16-049: Eric and Sarah Wilsterman, owners of property located at 110 School Street, also shown on the Town of Chatham’s Assessors’ Map 16C Block 28 Lot 7B.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a lot via the construction of an addition, construction of dormers and expansion of the existing deck.  The existing dwelling is nonconforming in that it has a road setback of 24.7 where 25 feet is required and a northerly abutter setback of 10.7 feet where 15 feet is required.  The proposed addition, dormers and deck will meet the dimensional requirements of the bylaw, but is considered a substantial alteration of a nonconforming dwelling, 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 building coverage is 1,441 square feet (12.4%) and the proposed building coverage is 1,540 square feet (13.3%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 11,580 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 Protective Bylaw.   

Application No. 16-050: Stage Harbor Enterprises, LLC, c/o Theodore Streibert, 15 Linden Tree Lane, Chatham, MA  02633, owners of property located at 7 Champlain Road, also shown on the Town of Chatham’s Assessors’ Map 13A, Block 4, Lot 23A. The Applicant proposes to change, alter, or expand a nonconforming structure on a nonconforming lot via the removal of an existing deck and construction of a new deck 1.2 feet from the southwesterly abutter.  The structure contains multiple setback nonconformities however the only setback being affected is that of the southwesterly abutter.  The existing rear deck is nonconforming in that it is located 1.7 feet from the south westerly abutter where 25 feet is required.   The structure is nonconforming in that it is located wholly within the Coastal Conservancy District where a 50 foot setback is required. The lot is nonconforming in that it contains 115.27 feet of frontage where 150 feet is required; 10 square feet of buildable upland where 20,000 square feet is required and contains 9,200 square feet where 40,000 square feet is required in an R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Section VB of the Chatham Protective Bylaw.


Application No. 16-051: Erin M. O’Brien & Christian Treiber, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650, owner of property located at 74 Mill Pond Road, also shown on the Town of Chatham’s Assessors’ Map 15C Block 5 Lot 12.  The Applicant proposes to modify Special Permit No. 16-031, granted on April 14, 2016, amending Special Permit 15-048, which allowed the Applicant to renovate and construct additions to the existing dwelling.  The Applicant now seeks allow for the demolition and reconstruction of the existing nonconforming structure.  The proposed reconstructed dwelling will be placed on the same footprint in the same location as the existing structure and maintain the same ridge height and roof configuration as per the plans approved under Special Permit No. 15-048 as amended by Special Permit No. 16-031. The existing and proposed structure will remain nonconforming in that it is located 17.6 feet from the street where 40 feet is required and is located partially within the Conservancy District where a 50 foot setback is required.  The applicant is specifically requesting that Condition No. 1 of Special Permit No 16-031 be reincorporated into the new decision.  The building coverage will increase from 39% to 41% where 15% is the maximum allowed.  The lot is nonconforming in that it contains 15,300 square feet where 40,000 square feet is required and 5,101 square feet of buildable upland where 20,000 square feet is required and contains two single family dwellings where one is allowed.  The property is located 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 16-034: Chatham Shark Center,  c/o Dave Ferraresi, lessee of property located at 235 Orleans Road, North Chatham, MA  02650, also shown on the Town of Chatham’s Assessors’ Map 14H, Block 15, Lot E20.  Applicant seeks an Appeals Permit under Section 225-19 of the Town of Chatham Sign Bylaw, to allow the placement of: one 40 inch by 61.5 inch two-faced ground sign which will include an oval sign with the address number; one wall sign 7 inch by 116 inch located on the Stony Hill Road side of the building; and a 6 inch by 44 inch window sign affixed to each of the eight bay windows (total of eight (8). For a total of 37.3 +/- square feet of signage where 6 square feet is the maximum allowed for a ground sign and 1 square foot is the maximum allowed for a wall sign.  This property is located in the SB Zoning District.  The proposed signs require an Appeals Permit under Section 225-19 and Section 225-24 of the Chatham Sign Bylaw.  Continued from June 9, 2016.    

Other Business:
Approval of minutes  

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.

Robert B. Hessler
Chairman