Information for Meeting of Zoning Board of Appeals
Thursday October 20, 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 20, 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_MGEyNDk2MTMtMzcxYi00NDFmLThiZTUtOWFiOGZjYTQ5YjVj%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: 351 702 706#


Application No. 21-093: Benjamin Howard Emery, c/o William G. Litchfield, Esq, 330 Orleans Road, North Chatham, MA 02650, owner of property located at 624 Orleans Road, also shown on the Town of Chatham’s Assessors’ Map 12J Block 18 Lot 10A.  The Applicant seeks to enlarge, extend, or change a nonconforming accessory structure (garage) on a nonconforming lot via the construction of an addition. The existing garage is nonconforming in that it is located 11.7 feet from the northerly abutter and 12.7 feet from the easterly abutter.  The proposed addition will be nonconforming in that it will be located 8 feet from the northerly abutter and 1 foot from the easterly abutter where a 25 foot setback is required.  The existing building coverage is 2,532 square feet (16.4%) and the proposed building coverage is 2,893 square feet (18.7%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 15,452 square feet where 40,000 square feet is required 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.   Continued from January 13, 2022, May 26, 2022, July 14, 2022 and September 22, 2022 for re-advertising.

Application No. 22-092: 782 Main Chatham LLC, c/o Benjamin E. Zehnder, Esq., 62 Route 6A, Suite B, Orleans, MA 02653, appealed the determination of the Building Commissioner.  The Applicant contends that the five apartments on the site are legally nonconforming under the provisions of M.G.L. Chapter 40A Section 7, for the property located at 782-784 Main Street, also shown on the Town of Chatham Assessors Map 14E Block 36 Lot 55.  The applicant seeks to have the Building Commissioner’s determination overturned.  The property contains 18,282 square feet in an GB2 Zoning District.  The Applicant appealed under M.G.L Chapter 40A, Sections 8 & 15 and Section VIII.D.2.a. of the Protective Bylaw. 

Application No. 22-093: 782 Main Chatham LLC, c/o Benjamin E. Zehnder, Esq., 62 Route 6A, Suite B, Orleans, MA 02653, owner of property located at 782-784 Main Street, also shown on the Town of Chatham’s Assessors’ Map 14E Block 36 Lot 55.  The Applicant seeks a Dimensional Variance from the from the required buildable upland area for apartments incidental to a commercial use.  The proposal will create four apartments on site where three permitted apartments exist.  The property contains 18,282 square feet in a GB2 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. 22-094: 782 Main Chatham LLC, c/o Benjamin E. Zehnder, Esq., 62 Route 6A, Suite B, Orleans, MA 02653, owner of property located at 782-784 Main Street, also shown on the Town of Chatham’s Assessors’ Map 14E Block 36 Lot 55.  The Applicant seeks to enlarge, extend, or change a nonconforming structure and use on a nonconforming lot via the demolition of the existing structure containing four (4) apartments incidental to a commercial use and the construction of a new structure containing three (3) apartments incidental to a commercial use (professional office).  The existing mixed use structure located at 782 Main Street will remain unchanged.  The existing structure at 784 Main Street is nonconforming in that it is setback 8 feet from the westerly abutter and 14.7 feet from the easterly abutter. The proposed structure will comply with the 15 foot abutters setback requirement.  The existing lot coverage is 11,973 square feet (65.5%) and the proposed lot coverage is 12,513 square feet (68.4%) where 70% is the maximum allowed.  The parking is and will remain nonconforming within the easterly and westerly abutters setback. The lot contains 18,282 square feet in the GB2 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 & 9 and Sections V.B. & 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