Information for Meeting of Zoning Board of Appeals
Thursday March 30, 2023 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, March 30, 2023, 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_NWIyZGY2NTMtYTViOC00NjlhLTlkMzItMTc5OTc0MjRhMzI3%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: 468 549 857#

Application No. 23-017: Ken Atchison, c/o Bob Lacy, 40 Kent Place, Chatham MA 02633, lessee of the property located at 1238 Main Street, also shown on the Town of Chatham’s Assessors’ Map 11E Block 7 Lot 32.  The Applicants seek an Appeals Permit under Section 225-19 of the Town of Chatham Sign Bylaw, to allow the placement of a 35 inch by 96 inch (23.33 square foot) wall sign, not facing a street frontage, in addition to the roof sign.  The lot contains 30,056 square feet in a GB3 Zoning District.  The proposed sign requires an Appeals Permit under Section 225-19 of the Chatham Sign Bylaw.    

Application No. 23-019: Chatham Oyster Pond Properties, LLC, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 101 Oyster Pond Furlong, also shown on the Town of Chatham’s Assessors’ Map 13E Block 25 Lot R24.  The Applicant seeks to modify Special Permit No. 22-105 granted on November 17, 2022, which allowed for the construction of porches.  The Applicant now seeks to modify this Special Permit to allow for the installation of an exterior mechanical system appliance (A/C condenser).  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.  In the alternative to the Modification of the Special Permit, the Applicant seeks approval for the exterior mechanical system appliance to be located 23 feet from the northerly abutter where a 25 foot setback is required and be viewed as an extension of the existing nonconformity rather than a separate structure which is being reviewed as part of the subsequent application.  Under Application No. 23-020: the Applicant seeks a Dimensional Variance from the abutters setback requirement under Appendix II of the Protective Bylaw for the installation of an exterior mechanical system appliance (A/C condenser), 23 feet from the northerly abutter where a 25 foot setback is required.  The lot contains 10,435 square feet in the R40 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. 23-021: 247 Seapine Road Realty Trust, c/o George Reilly, 63 Brook Trail Road, Brewster, MA 02631, owner of property located at 247 Seapine Road, also shown on the Town of Chatham’s Assessors’ Map 12K Block 4A Lot HC140.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a conforming lot via the construction of an addition. The existing dwelling and proposed addition will comply with all setback requirements of the Bylaw.  The existing building coverage is 4,123 square feet (10.91%) and the proposed building coverage is 4,174 square feet (11.05%) where 10% is the maximum allowed.  The lot contains 41,240 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. 23-022: JMCMCS LLC, c/o Shane Rizzo, 26 Christmas Tree Lane, Kingston, MA 02364, owner of property located at 76 Nob Hill Road, also shown on the Town of Chatham’s Assessors’ Map 12I Block 24K Lot H11. The Applicant proposes to install an exterior mechanical system appliance (generator) 6 feet from the northerly abutter where a 15 foot setback is required.  The proposed generator will be located next to an existing A/C condenser which is located 12 feet from the northerly abutter.  The lot contains 10,955 square feet in an 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.

Application No. 23-023: CBI 20 45 Chatham Bars Avenue LLC, c/o Andrew L. Singer, Esq., PO Box 67, Dennis Port, MA  02639, owners of property located at 20 Chatham Bars Avenue, also shown on the Town of Chatham’s Assessors’ Map 15D Block 47 Lot 95.  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 commercial use of the lot is allowed, a Special Permit under Section III.C.4.c.10. is required for a ten (10) bed dormitory and professional office.  The existing structure is and will remain nonconforming in that it is setback 12.7 feet from the private way where 25 feet is required.  The parking areas are nonconforming in that they are located 5 feet from the southerly abutter, 10 feet from the easterly abutter and 7 feet from the private way.  The existing lot coverage is 9,239 square feet (52.7%) and the proposed lot coverage is 10,104 square feet (57.7%) where 70% is the maximum allowed.  The lot contains 17,523 square feet in the R20/GB2 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 & 9 and Sections III.C.4.c.10, III.D.3.i., V.B., VII.B.11. & 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