Information for Meeting of Zoning Board of Appeals
Thursday May 25, 2023 2:00 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, May 25, 2023, starting at 2:00 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_ZTI3NzM2M2QtMDE4Zi00NWYwLWI2ZDEtMjE5MTZjOWEwN2Ji%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: 774 946 179#

Approval of Minutes  
Meeting held April 27, 2023

Application No. 23-044: Town of Chatham, c/o Theodore Keon, 261 George Ryder Road, Chatham, MA 02633, owner of property located at 90 Bridge Street, also shown on the Town of Chatham’s Assessors’ Map 14A Block 2 Lot 11.  The Applicant seeks a Dimensional Variance under Section VIII.D.2.c. from the requirements of Appendix II, to allow for the placement of a new upweller facility which exceed the allowable building height and encroaches on the required road setback.  The proposed upweller facility will be 26 feet tall where 20 feet is the maximum allowed and will be located 25.5 feet from the road where a 40 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. 23-045: Town of Chatham, c/o Theodore Keon, 261 George Ryder Road, Chatham, MA 02633, owner of property located at 90 Bridge Street, also shown on the Town of Chatham’s Assessors’ Map 14A Block 2 Lot 11.  The Applicant seeks a Dimensional Variance under Section VIII.D.2.c. from the requirements of Appendix II, to allow for the construction of an accessory structure (bathroom and storage) within the required road setback.  The proposed accessory structure will be 5 feet from the road where a 40 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. 23-046: Town of Chatham, c/o Theodore Keon, 261 George Ryder Road, Chatham, MA 02633, owner of property located at 90 Bridge Street, also shown on the Town of Chatham’s Assessors’ Map 14A Block 2 Lot 11.  The Applicant seeks a Special Permit to remove the existing accessory structure and construct a new accessory structure (bathroom and storage).  The existing structure is nonconforming in that it is located 2 feet from the road and entirely within the Coastal Conservancy District (floodplain ele. 13).  The proposed structure will be nonconforming in that it will be located 5 feet from the road where a 40 foot setback is required and will remain entirely within the Coastal Conservancy District where a 50 foot setback is required.  Also proposed is the construction of a new commercial municipal pier/float system and the extension of the existing pier and the addition of a float system. The lot contains 7,200 square feet in an 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.  

Application No. 23-037: Claire V. Agarwal, David Kumar Agarwal, and Amy Beth Agarwal, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 245 Sam Ryder Road, also shown on the Town of Chatham’s Assessors’ Map 6G Block 12 Lot M36.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a screen porch.  The existing dwelling is nonconforming in that it is located 24.8 feet from the road.  The proposed screen porch will be nonconforming in that it will be located 24.8 feet from the road where a 25 foot setback is required.  The existing building coverage is 688 square feet (6%) and the proposed building coverage is 881 square feet (7.6%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 11,567 square feet where 30,000 square feet is required in the R30 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. 23-042: Sherry Davenport and Richard Colarusso, 62 Oak Hill Lane, Boylston, MA 01505, owners of property located at 264 Hardings Beach Road, also shown on the Town of Chatham’s Assessors’ Map 8B Block 42A Lot 12.  The Applicant seeks a Dimensional Variance from the required abutters setback under Appendix II of the Protective Bylaw for the installation of a retaining wall.  The proposed wall is located 5 feet from the westerly abutter where a 15 foot setback is required.  The lot contains 21,007 square feet in the R20 Zoning District.  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. 23-035: David Chu and Laura Tosi, c/o William F. Riley, Esq, PO Box 707, Chatham, MA 02633, owners of property located at 52 Homestead Lane, also shown on the Town of Chatham’s Assessors’ Map 15C Block 3 Lot 16.  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 that it is located 7.4 feet from the northerly abutter and 4.3 feet from the southerly abutter.  The proposed dwelling will be nonconforming in that it will be located 5.3 feet from the northerly abutter and 4.3 feet from the southerly abutter where a 15 foot setback is required.  The existing building coverage is 704 square feet (18.4%) and the proposed building coverage is 991 square feet (25.9%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 3,820 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. 23-038: Robert Intile, Jr. and Alex Intile, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650, owners of property located at 2388 Main Street, also shown on the Town of Chatham’s Assessors’ Map 4E Block 7 Lot 2B.  The Applicant seeks a Special Permit under Section III.D.3.i. to allow a use permitted in the less restrictive zone to be authorized for the entire lot.  If the lot is authorized to be used for R20 purposes, the applicant seeks to construct a garage with living area (guest house).  The lot contains 65,436 square feet in the R20/R60 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 9 and Sections III.D.3.i. & VIII.D.2.b. of the Protective Bylaw.

Application No. 23-043: Chatfield Company, Inc., c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA 02671, owners of property located at 356 Stage Harbor Road, also shown on the Town of Chatham’s Assessors’ Map 13B Block 30 Lot 11.  The Applicant seeks to modify Special Permit No. 22-098 granted on November 10, 2022, which allowed for an alternate design of the proposed new dwelling.  The Applicant now seeks to modify this Special Permit to remove Condition No. 3a., which prohibited exterior construction between June 30th and Labor Day.  The property is located in the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 14 and Section and VIII.D.2.b. of the Protective Bylaw.

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