Information for Meeting of Zoning Board of Appeals
Thursday May 26, 2022 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, May 26, 2022, starting at 4:00 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_M2Y3ZWFkNWMtYzNiMC00ZWRlLWFkYWItZGNhNWI4OGUwMmIw%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: 627 947 935#

Approval of Minutes – May 12, 2022

Application No. 22-012: Eric and Theresa Peterson, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owners of property located at 45 Hardings Lane, also shown on the Town of Chatham’s Assessors’ Map 14C Block 30 Lot 21.  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.  Also proposed is the removal of a portion of the existing nonconforming detached garage with living space.  The existing dwelling is nonconforming in that it is located 19.4 feet from the southerly abutter.   The existing garage is nonconforming in that it is located 10.8 feet from the southerly abutter and 16.2 feet from the easterly abutter where a 25 foot setback is required.   The proposed dwelling will comply with all bulk and dimensional requirements of the Bylaw.  The proposed garage with living space will remain nonconforming in that it will be located 10.8 feet from the southerly abutter where a 25 foot setback is required. The lot is nonconforming in that it contains 33,258 square feet where 40,000 square feet is required in an 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 March 10, 2022.  The Applicant will be requesting a withdrawal without prejudice.      

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 westerly abutter.  The proposed addition will be nonconforming in that it will be located 8.9 feet from the northerly abutter and 1 foot from the westerly 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 2,862 square feet (18.5%) 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.

Application No. 22-030: William and Susan O’Reilly, c/o William G. Litchfield, Esq, 330 Orleans Road, North Chatham, MA 02650, owner of property located at 158 Main Street, also shown on the Town of Chatham’s Assessors’ Map 17C Block 59 Lot 38.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of additions and the installation of a new foundation.  The existing dwelling is nonconforming in that it is located 8.4 feet from the road where a 25 foot setback is required, 11.7 feet from the southerly abutter and 4.1 feet from the northerly abutter.  The proposed addition will be nonconforming in that they will be located 4.4 feet from the northerly abutter where a 15 foot setback is required.  The existing building coverage is 1,112 square feet (15.8%) and the proposed building coverage is 1,280 square feet (18.1%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 7,059 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. 22-036: The Sommer Family Trust, c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA 02671, owners of property located at 28 Cross Street, also shown on the Town of Chatham’s Assessors’ Map 15D Block 4 Lot X28.  The Applicant proposes to construct accessory use (swimming pool) in a GB1 zone which requires the grant of a Special Permit.  The proposed swimming pool will comply with all dimensional requirements of the bylaw.  A Special Permit is required under M.G.L. Chapter 40A Section 9 and Section III.C.4.c. of the Chatham Protective Bylaw.

Application No. 22-037: Lauren Mogensen, c/o Paul Mazzola, PO Box 509, Marstons Mills, MA 02648, owners of property located at 14 Wentworth Lane, also shown on the Town of Chatham’s Assessors’ Map 14J Block 41 Lot R49.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a second floor addition. The existing dwelling is nonconforming in that it is located 19.3 feet from the southerly abutter and 24 feet from the northerly abutter.  The proposed second floor addition will increase the building height within the required 25 foot northerly abutters setbacks.  The building coverage will remain 2,881 square feet where 2,900 square feet is the maximum allowed.  The lot is nonconforming in that it contains 24,279 square feet in the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Section V.B. of the Chatham Protective Bylaw.

Application No. 22-040: GK Chatham LLC, c/o Justin Wharton, 12 Tower Hill Circle, Brewster, MA 02631, owner of property located at 27 Windsong Landing, also shown on the Town of Chatham’s Assessors’ Map 13C Block 22E Lot W5.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a deck. The existing dwelling is nonconforming in that it is located 23.4 feet from the northerly abutter.  The proposed deck will be nonconforming in that it will be located 22.1 feet from the northerly abutter where a 25 foot setback is required.  The lot is nonconforming in that it contains 20,705 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. 

Application No. 22-041: Katama Point LLC, c/o Joe Giacalone, 1 Presidential Way, Suite 109, Woburn, MA 01801, owner of property located at 68 Shell Drive, also shown on the Town of Chatham’s Assessors’ Map 14K Block 7 Lot W50.  The Applicant seeks to modify Special Permit No. 20-081 granted on November 18, 2021, which allowed for the relocation of a portion of the existing dwelling and conversion into a guest quarters, and the construction of a new dwelling, garage and pool cabana and swimming pool.  The Applicant now seeks to modify this Special Permit to allow for an alternate design of the swimming pool and deck/stairs.  The approved building coverage will remain 6,055 square feet (71.6%).  The lot contains 8,455 square feet of buildable upland 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.

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