Information for Meeting of Zoning Board of Appeals
Thursday September 24, 2015 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, September 24, 2015, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 15-053: 85 School Street Nominee Trust, , c/o William F Riley, Esq., 156 Crowell Road, Box 707, Chatham, MA  02633,  owner of property located at 85 School Street, also shown on the Town of Chatham’s Assessors’ Map 16C Block 16 Lot 40.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a lot via the demolition of a portion of the dwelling and construction of an addition.  The existing dwelling is nonconforming in that it has a road setback of 10.6 feet and 18.5 feet along Hallett Lane and 18.5 feet along School Street where 25 feet is required.  The proposed addition will have a road setback along Hallett Lane of 19.7 feet where 25 feet is required.   Other proposed conforming additions include a pool house with one bedroom.  The existing building coverage is 1,828 square feet (8%) and the proposed building coverage is 2,813 square feet (12.3%) where 15% is the maximum allowed.  The lot contains 22,933 square feet where 20,000 square feet is required in the R-20 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. 15-054: Gordon Pulsifer, Cannon Hill Investment Properties, LLC,  c/o William G. Litchfield Esq., 330 Orleans Road, North Chatham, MA  02650,  owner of property located at 325 Whidah Road, also shown on the Town of Chatham’s Assessors’ Map 13K Block 7 Lot W10.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling via the construction of an addition, porches and decks.  The existing dwelling (deck) is nonconforming in that it is 6.1 feet from the Coastal Conservancy District where 50 feet is required, is 31.1 feet in height above grade plane where 30 feet is the maximum allowed, and has a building coverage of 3,858 where 2,900 square feet is allowed.  The existing sheds are nonconforming in that one shed has a southerly abutter’s setback of 10 feet and 44 feet from the Coastal Conservancy District where 50 feet is required.  The other shed has a northerly abutter’s setback of 5 feet where 25 feet is required.  The deck will remain 6.1 feet from the Coastal Conservancy District while the proposed decks and porches on the westerly side will have setbacks from the Conservancy District of 27.4 feet, and 37.3 feet where 50 feet is required.  The proposed dwelling (westerly addition) will be approximately 30 feet from the Coastal Conservancy District where 50 feet is required and will have a building coverage of 5,038 square feet where 2,900 square feet is allowed.  The lot contains 40,340 square feet where 40,000 square feet is required in the R-40 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. 15-055: James and David Foster, c/o William F. Riley Esq., 156 Crowell Road, Box 707, Chatham, MA  02633, owner of property located at 681 Old Harbor Road, also shown on the Town of Chatham’s Assessors’ Map 16I Block 28A Lot F2.  The Applicant seeks to affirm that any alteration on the subject lot will not require a modification of the Variance granted to the abutting lot.  The Applicant’s predecessor in title obtained a Variance dated July 8, 1985, that allowed the creation of a 2-lot subdivision in which one lot (Lot 2) was fully conforming to then current zoning bylaw and is also conforming to the current zoning bylaw.  The other lot (Lot 1) was nonconforming as to road frontage with 126.69 feet where 150 feet was required.  Applicants seek an affirmation that the Variance does not affect Lot 2 (681 Old Harbor Road) and that the said Lot 2 may be used for any purpose that complies with the Chatham Protective Bylaw, without the necessity for a Variance.   The lot contains 87,960 square feet where 40,000 square feet is required in the R-40 Zoning District. The Board will affirm the Variance granted July 8, 1985 under Section VIII D. 2. c. of the Chatham Protective Bylaw.

Application No. 15-056: Ralph T. Atwood, III, and Tammy M. Atwood,  c/o William G. Litchfield Esq., 330 Orleans Road, North Chatham, MA  02650,  owner of property located at 164 Strong Island Road, also shown on the Town of Chatham’s Assessors’ Map 13M Block 43 Lot C46.    The Applicants seek to change, alter, or extend a nonconforming dwelling on a nonconforming lot via the demolition of the existing garage and a portion of the existing dwelling and the construction of a 91.75 square foot addition and a 38 square foot covered entryway to the first floor and elevating the existing dwelling by one foot =/- above its foundation.  Also proposed is construction of dormers within the existing footprint.  The existing structure is nonconforming in that it is located 24.8 feet from the southerly abutters setback where 25 feet is required, is located 0 feet from the Conservancy District and is wholly within an AE Flood Zone where 50 feet is required, and has a height of 30.6 feet where 20 feet is the maximum allowed in the Conservancy District.  In addition, the existing building coverage is 2,352 square feet where there is no buildable upland, the proposed dwelling will be 31.5 feet in height where 20 feet is the maximum allowed in the Conservancy District, and will have a building coverage of 2,433 square feet where there is no buildable upland.  The lot is nonconforming in that it contains 20,250 square feet where 40,000 square feet is required, and contains no buildable upland where 20,000 square feet is required in the R-40 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. 15-059: Town of Chatham,  c/o Ted Keon, Director of Coastal Resources, 261 George Ryder Road, Chatham, MA  02633,  owner of property located at 0 Mistover Lane, also shown on the Town of Chatham’s Assessors’ Map 17C Block 0 Lot 47A.    The Applicant proposes to construct a new stair system to re-establish pedestrian access to the shore at the town landing located at the eastern end of Water Street and within the Conservancy District.  The project includes construction of a new 10 foot by 8 foot viewing platform and a new 8 foot by 6 foot viewing platform and stair system from Water Street down to the beach.  The first viewing platform will be handicapped accessible and afford vistas of the ocean, Chatham Harbor, and the outer beach while the stairs will provide pedestrian access to the beach and shoreline of Chatham Harbor.  The lower stair section is designed to be removable if beach conditions deteriorate due to future erosion.  The proposed stairway and platforms will be located within the Municipal Zoning District.  A Special Permit is required under Section IV of the Protective Bylaw.

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