Information for Meeting of Zoning Board of Appeals
Thursday December 07, 2023 3:00 PM EST

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, December 7, 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_NWZjMDdlNzItNjQ3Ny00MTRhLTg5YmYtMzY5YmE5ZWUwODhk%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: 560 282 72#

Approval of Minutes  
Meeting held November 2, 2023

Application No. 23-094: The Casey 2014 Funding Trust, c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA 02671, owner of property located at 444 Cockle Cove Road, also shown on the Town of Chatham’s Assessors’ Map 5B Block 12 Lot 20.  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 5.9 feet from the northeasterly abutter, 11.4 feet from the easterly abutter, and within the Coastal Conservancy District.  The proposed dwelling will be nonconforming in that it will be located 6 feet from the northeasterly abutter, 6.5 feet from the easterly abutter and within the Coastal Conservancy District where a 50 foot setback is required.  The existing building coverage is 1,155 square feet (39.6%) and the proposed building coverage is 1,170 square feet (40%) where 15% but not more than 2,800 square feet is the maximum allowed.  The lot is nonconforming in that it contains 2,920 square feet of buildable upland and contains 7,340 square feet of land area 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.  Continued from November 2, 2023.

Application No. 23-085: 486 Shore Road LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 486 Shore Road, also shown on the Town of Chatham’s Assessors’ Map 16F Block 15 Lot A7.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and swimming pool and the removal of an exterior mechanical system appliance (pool equipment) and the construction of a new dwelling and the installation of an exterior mechanical system appliances (A/C condensers and generator).  The existing dwelling is nonconforming in that it is located 30.6 feet from the road, 20.7 feet from the northerly abutter and 19.7 from the southerly abutter.  The existing mechanical unit is nonconforming in that it is located 16.9 feet from the northerly abutter.  The proposed dwelling will be nonconforming in that it will be located 26.8 feet from the road feet where a 40 foot setback is required, 20.1 feet from the northerly abutter and 20.1 from the southerly abutter where a 25 foot setback is required.  The proposed exterior mechanical system appliances will be nonconforming in that they will be located 16 feet from the northerly abutter where a 25 foot setback is required.  Also proposed is the installation of a conforming swimming pool.  The existing building coverage is 2,918 square feet (15.9%) and the proposed building coverage is 3,155 square feet (17.2%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 18,321 square feet of buildable upland where 20,000 square feet is required and contains 31,950 square feet of land area where 40,000 square feet 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 Chatham Protective Bylaw.  Continued from October 12, 2023.

Application No. 23-103: Joseph and Maria Nicholson, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 46 Homestead Lane, also shown on the Town of Chatham’s Assessors’ Map 16D Block 5 Lot 2.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the partial demolition of the existing dwelling and the construction of an addition.  The existing dwelling is nonconforming in that it is located 2.2 feet from the northeasterly abutter and 5 feet from the northwesterly abutter.  The proposed addition will be nonconforming in that it will be located 2.2 feet from the northeasterly abutter and 6.7 feet from the northwesterly abutter where a 15 foot setback is required.  The existing building coverage is 2,716 square feet (17.1%) and the proposed building coverage is 2,789 square feet (17.5%) where 15% but not more than 2,800 square feet is the maximum allowed.  The lot is nonconforming in that it contains 15,902 square feet where 20,000 square feet 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.

Application No. 23-106: Twin Buoys LLC, c/o Jason Caristi, 4 Windmill Bog Way, East Sandwich, MA 02637, owner of property located at 24 Youngs Road, also shown on the Town of Chatham’s Assessors’ Map 9D Block 31A Lot X1.  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 11.7 feet from the easterly abutter.  The proposed deck will be nonconforming in that it will be located 6.2 feet from the easterly abutter where a 25 foot setback is required.  The lot is nonconforming in that it contains nine dwellings on a single parcel.  The lot contains 2.21 acres 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.

Application No. 23-108: Beachy Days LLC, c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA 02671, owner of property located at 229 Main Street, also shown on the Town of Chatham’s Assessors’ Map 16C Block 74 Lot 58.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the partial demolition of the existing dwelling and the installation of a new foundation and construction of an addition.  The existing dwelling is nonconforming in that it is located 13.7 feet from the road, 4.8 feet from the northerly abutter, and 31.3 feet tall.  The proposed altered dwelling will be nonconforming in that it will be located 13 feet from the road where a 25 foot setback is required, 4 feet from the northerly abutter where a 15 foot setback is required and the building height will remain at 31.3 feet where 30 feet is the maximum allowed.  The existing building coverage is 2,059 square feet (23.3%) and the proposed building coverage is 2,063 square feet (23.3%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 8,843 square feet where 20,000 square feet 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 Chatham Protective Bylaw.

Application No. 23-110: Anthony and Nancy Guarino, c/o Larry Brutti, PO Box 92, Harwich Port, MA 02646, owners of property located at 155 Pleasant Street, also shown on the Town of Chatham’s Assessors’ Map 2B Block 59 Lot 6.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing garage and the construction of a new garage with habitable space.  The existing garage is nonconforming in that it is located 8.8 feet from southerly abutter.  The proposed garage with habitable space will be nonconforming in that it will be located 8.8 feet from the southerly abutter where a 15 foot setback is required.  The existing building coverage is 2,527 square feet (14.1%) and the proposed building coverage is 2,644 square feet (14.7%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 95.52 feet of frontage where 100 feet is required and contains 17,975 square feet where 20,000 square feet 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.

Application No. 23-112: Vincent F. Loscerbo, c/o Thadd Eldredge, 1038 Main Street, Chatham, MA 02633, owner of property located at 70 Barn Hill Road, also shown on the Town of Chatham’s Assessors’ Map 9D Block 35 Lot 6.  The Applicant seeks a Dimensional Variances to allow for the constructed dwelling to be located 14.6 feet from the northerly setback where a 15 foot setback is required and allow for a the building height to remain 30.1 feet where 30 feet is the maximum allowed.  The property contains 53,632 square feet within 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.  

Other Business:
Appointment of Nomination Committee for Election of Officers
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