Information for Meeting of Zoning Board of Appeals
Thursday October 27, 2022 3:00 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, October 27, 2022, starting at 3:00 PM, in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications and is being conducted in person and with remote participation via Microsoft Teams:

For remote participation click the link below:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTk2Y2I1ODQtMTE0Zi00MDQ5LWFiYWUtNGEzYThhMmExM2M3%40thread.v2/0?context=%7b%22Tid%22%3a%224f417a68-a412-4139-a47c-97515be2b99f%22%2c%22Oid%22%3a%229de26673-8d92-4405-bce0-1a7718dfd6ef%22%7d

Call in Number: 1-508-945-4410
Conference ID: 164 739 214#

Approval of Minutes – September 29, 2022 

Application No. 22-079: David P and Deborah S. Vellante, c/o James M. Norcross, Esq., PO Box 707, Chatham, MA 02633, owners of property located at 209 Forest Beach Road, also shown on the Town of Chatham’s Assessors’ Map 3B Block 28 Lot B25.  The Applicant seeks to enlarge, extend, or change a conforming dwelling on a nonconforming lot via the demolition of the existing dwelling and the construction of a new dwelling.  The existing dwelling is nonconforming in that it is located 20.6 feet from Tobey Turtle Road where a 25 foot setback is required.  The proposed dwelling will comply with 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 building coverage is 971 square feet (11.7%) and the proposed building coverage is 1,235 square feet (14.9%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 8,275 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 Chatham Protective Bylaw. Continued from September 8, 2022 for readvertising.

Application No. 22-085: Chatham Productions LLC, c/o Greg Clark, 1234 Chestnut Street, Suite 211, Newton, MA 02464, owner of property located at 10 Annabelle Lane, also shown on the Town of Chatham’s Assessors’ Map 14E Block 37 Lot 2. The Applicant proposes to construct a single family dwelling in a GB2 zone which requires the grant of a Special Permit.  The proposed lot coverage is 5,515 square feet (44.5%) where 70% is the maximum allowed.  The lot is conforming with 12,394 square feet where 7,000 square feet is required in a GB2 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 9 and Sections III.C.4.c.26 and VIII.D.2.b. of the Protective Bylaw.

Application No. 22-086: 20 Jericho Lane, LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, agreed vendee of property located at 20 Jericho Lane, also shown on the Town of Chatham’s Assessors’ Map 10B Block 19 Lot B2.  The Applicant seeks to reconstruct a pre-existing nonconforming private residential pier.  The existing pier is nonconforming in that it is 118 feet long, is located -1 foot over the northerly abutters property line, the square footage of the floats is 348 where 300 square feet is the maximum allowed and is located 76 feet from an adjacent pier.  The proposed reconstructed pier will be nonconforming in that it will be 118 feet long, will be located 1 foot from the northerly abutter where a 25 foot setback is required and will be located 76 feet from an adjacent pier where 250 feet is required.  Also proposed is the construction a conforming 8x12 shed.  The property is located in the R20 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 and 9 and Sections V.B. and VIII.D.2.b. of the Chatham Protective Bylaw.     

Application No. 22-087: St, Christopher’s Church, c/o Richard Roy, 123A Queen Anne Road, Harwich, MA 02645, owner of property located at 625 Main Street, also shown on the Town of Chatham’s Assessors’ Map 14E Block 0 Lot 41A.  The Applicant seeks a Dimensional Variance from the required abutters setback for the installation of 12 foot high fence.  The fence is proposed to be installed 4.1 feet from the southerly abutter where a 5 foot setback is required.  A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw.  

Application No. 22-088: St, Christopher’s Church, c/o Richard Roy, 123A Queen Anne Road, Harwich, MA 02645, owner of property located at 625 Main Street, also shown on the Town of Chatham’s Assessors’ Map 14E Block 0 Lot 41A.  The Applicant seeks to install a fence within the Conservancy District.  The proposed fencing is allowed by Special Permit under Section IV.A.3.a. of the Protective Bylaw.  The lot contains 9,200 square feet in the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 9 and Section VIII.D.2.b. of the Chatham Protective Bylaw. 

Application No. 22-039: 1238 Main LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 1238 Main Street, also shown on the Town of Chatham’s Assessors’ Map 11E Block 7 Lot 32. The Applicant proposes to establish and operate a Formula Business (Commercial Indoor Recreation Facility), which utilizes a standard array of services and logo used by ten or more other businesses worldwide.  The facility will include 1,586 square feet of space in a General Business zone which requires the grant of a Special Permit.  The lot contains 29,952 square feet in a GB3 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 9 and Sections III.C.4.c.9, III.C.4.c.28 and VIIID.2.b. of the Protective Bylaw.  Continued from June 9, 2022 and August 11, 2022.

Application No. 22-070: Au Real Estate Trust, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 37 Clam Shell Drive, also shown on the Town of Chatham’s Assessors’ Map 16A Block 29 Lot H76.  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 existing dwelling is nonconforming in it is located 8.8 feet from the road, 11.6 feet from the northerly abutter, 15.8 feet from the westerly abutter and entirely within the Coastal Conservancy District (Flood Plain ele. 13).  The proposed dwelling will be nonconforming in that it will be located 3.4 feet from the road where 40 foot setback is required, 11 feet from the northerly abutter, 7.8 feet from the westerly abutter where a 25 foot setback is required and entirely within the Coastal Conservancy District where a 50 foot setback is required.  Also proposed is the installation of a driveway as allowed by Special Permit under section IV.A.3.d. of the Protective Bylaw.  The existing building coverage is 811 square feet and the proposed building coverage is 860 square feet where 2,800 square feet is the maximum allowed.  The lot is nonconforming in that it contains 0 square feet of buildable upland where 20,000 square feet is required and contains 5,674 square feet of land area where 40,000 square feet is required in the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 and 9 and Sections V.B. and VIII.D.2.b. of the Protective Bylaw.  Continued from August 25, 2022. 

Other Business:
Public Comments 

Plans, site plans, and all other documents related to these Applications are on file with the Department of Community Development and may be viewed as attachments below on the town website or at the Town Hall Annex, located at 261 George Ryder Road and may be viewed Monday through Thursday, 7:00 a.m. to 4:00 p.m.; Friday, 8:00 a.m. to 12:00 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