Information for Meeting of Zoning Board of Appeals
Thursday April 10, 2014 2:30 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, April 10, 2014, starting at 2:30 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following appeals:

Appeal No. 14-015: Peter and Deborah Willsea, Trustees, 3280 Elmwood Avenue, Rochester, NY  14618, c/o William F. Riley, Esq., 154 Crowell Road, Box 707, Chatham, MA 02633, owner of property located at 809 Fox Hill Road, Chatham, MA, also shown on the Town of Chatham’s Assessors’ Map 12L, Block 7A, Lot M2. The appellant proposes to locate an exterior mechanical system appliance (generator) within the 25 foot setback.  The Appellant has proposed 4 alternate locations.  Alternate location Number 1 is approximately 1 foot from the abutter’s setback and 2.5 feet from the road where 25 feet is required.  Alternate location Number 2 is located 7 feet from the abutter’s setback where 25 feet is required.  Alternate location Number 3 is between the dwelling and the shed and approximately 12 feet from the abutter’s setback where 25 feet is required.  Alternate location Number 4 is to the rear of the shed and approximately 7 feet from the abutter’s setback where 25 feet is required.  The lot contains 40,909 square feet and is located within the R40 Zoning District.  The bulk of the lot is subject to an “exclusive use easement”.  A Variance is required under Section VIII.D.2.c. of the Protective Bylaw.

Appeal No. 14-016: Jay Cashman,  197 Strong Island Road, Chatham, MA  02633, c/o William F. Riley, Esq., 154 Crowell Road, Box 707, Chatham, MA 02633, reservation holder under the Chatham Conservation Foundation of property located at 197 Strong Island Road, Chatham, MA, also shown on the Town of Chatham’s Assessors’ Map 13M, Block 46, Lot 1A. The appellant proposes to reconstruct a “non- private, seasonal” pier to be shared by the reservation holder and the Chatham Conservation Foundation.  The proposed pier will be 201 feet in length with a 10 foot by 30 foot float at the end where a maximum of eighty (80) feet is allowed for private piers (commercial and residential).  The property is located within an R40 Zoning District and the Coastal Conservancy District.  Under Section IV.A.3.a of the Protective Bylaw, a Special Permit is required for piers.  “Non-profit, seasonal” piers are not a specifically enumerated use in the Protective Bylaw; therefore a determination is needed under Section I.C as to whether a use not specifically listed as a permitted use should be authorized.  In addition or alternatively, one or more variances may be required under Section VII.D.2.c as private piers (commercial and residential) are prohibited in this location under Section IV.A.6.c of the Protective Bylaw and the proposed length exceeds the maximum allowed length as set forth in Section IV. A.6.c.3 of the Protective Bylaw.  

Appeal No. 14-017: Dale Eldredge, 1486 Main Street, Chatham, MA  02633, c/o J. Thaddeus Eldredge, 1038 Main Street, Chatham, MA  02633, owner of property located at 111 Stony Hill Road, Chatham, MA, also shown on the Town of Chatham’s Assessors’ Map 14H, Block 4, Lot 8. The appellant proposes to change, alter, or expand a nonconforming structure on a nonconforming lot via the demolition of the existing dwelling and construction of a new dwelling which will comply with setback, coverage, and height requirements.  The existing dwelling is nonconforming in that is it 6.3 feet from the road where 50 feet is required.  The existing parking area is located on the street where a setback of 20 feet is required.  The lot is nonconforming in that it contains 9,315 square feet where 10,000 square feet is required and contains 75.16 feet of frontage where 100 feet is required.  The proposed parking area will create a new nonconformity as it will be 7.6 feet from the abutters setback where 15 feet is required.   The lot is located within the GB3 Zoning District.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change and Section VIII.D.2.b of the Protective Bylaw.  A dimensional Variance is required under Section VIII.D.2.c of the Protective bylaw.

Appeal No. 14-018: Kathy and Bruce Everett, 4062 Mansion Drive NW, Washington, D.C. 20007, c/o Thomas A. Moore of Thomas A. Moore Design Company, PO Box 2124 Brewster, MA  02631, owner of property located at 82 High Point Drive, Chatham, MA, also shown on the Town of Chatham’s Assessors’ Map 13K, Block 20, Lot R28. The appellant proposes to change, alter, or expand a nonconforming structure on a nonconforming lot via the construction of a screened in porch of 254 square feet located to the rear of the single family dwelling.  The existing dwelling is setback 36.7 feet from the road where 40 feet is required and the eastern abutter’s setback is 24.4 feet where 25 feet is required.   The lot is nonconforming in that it contains in that it contains 20,685 square feet where 40,000 is required and the existing lot coverage is 15.2% where 15% is allowed.  The lot is located within the R40 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. 14-019: Town of Chatham, 261 George Ryder Road, Chatham, MA  02633, c/o Peter J. Williams, GZA Geoenvironmental Inc., 190 Old Derby Street, Suite 210, Hingham, MA  02043,  owner of property located at 613 Stage Harbor Road (Old Mill Boat Yard), also shown on the Town of Chatham’s Assessors’ Map 13A, Block 2, Lot 24. The appellant proposes to install two new floats, a 40 foot extension of the float at the boat ramp and a new pile supported viewing platform adjacent to the parking area with stairs for shore access.  The lot contains 17,650 square feet and is located within the Coastal Conservancy District.  The Zoning District is R-40.  A Special Permit is required under Section IV A.3.a of the Protective Bylaw.

Appeal No. 14-020: George and Connie Noble, 175 Monument Farm Road, Concord, MA  01742, c/o Jim Bird, 2 Windjammer Lane, South Yarmouth, MA  02664, the owners of property located at 18 Elizabeth’s Way, also shown on the Town of Chatham’s Assessors’ Map 14C, Block 41, Lot 17. The appellants propose to expand a nonconforming single family dwelling on a nonconforming lot via the construction of a 20 foot by 12 foot addition and the expansion of a 10 foot by 24 foot deck.  The lot is nonconforming as it is 38,295 square feet where 40,000 square feet is required.  The existing deck is nonconforming as it is 18.7 feet from the abutter’s setback where 25 feet is required.  While the proposed addition meets abutter setback requirements of 25 feet, the deck will be 18 feet from the abutter’s setback.   The proposed building coverage is 2,578 square feet where 3,826 square feet is allowed.   The property is located in an R-40 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. 13-092: Sally Wightman Trust of 1990, c/o William G. Litchfield, 330 Orleans Road, North Chatham, MA  02650, owner of property located at 132 Old Salt Works Road, Chatham, MA  02633, also shown on the Town of Chatham’s Assessors’ Map 13M, Block 10, Lot C23, submitted on behalf of Kenneth Stoll, agreed vendee, c/o William F. Riley, 154 Crowell Road, Box 707, Chatham, MA  02633. The appellant proposes to change a nonconforming single family dwelling on a nonconforming lot via the demolition of an existing dwelling and construction of a new dwelling.  The lot is nonconforming as it has 29,670 square feet where 40,000 square feet is required. The dwelling is nonconforming as it is located within the Conservancy District.  The Appellant proposes to remove the existing dwelling and construct a new dwelling in compliance with proposed FEMA regulations.  The proposed structure will be nonconforming in that the road setback will be 29.2 feet where 40 feet is required and will also be located within the Conservancy District.  The proposed building coverage will be 3,330 square feet where 3,000 square feet is allowed, creating a new conformity.  The property is located in an R-40 Zoning District.  A Special Permit is required under Section V.B. Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw. Continued from March 13, 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