| Agenda: | The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, March 8, 2012, starting at 3:00 p.m. in the Town Annex Meeting Room, 261 George Ryder Road, on the following appeals:
Appeal No. 12-018: Cape Cod Hospital & Squanto Corporation, c/o Eliza Cox, Esq., Nutter McClennen & Fish, LLP, P.O. Box 1630, Hyannis, MA 02601, proposed lessee and agreed vendees of 1629 Main Street, formerly used as a 160 seat restaurant with apartments above and owned by Lower Cape Ventures, LLC. The appellants are requesting the grant of a Special Permit to establish a Medical Clinic. A Special Permit is required under Section III.C.4.c., District Regulations, District Use Regulations, GB General Business Districts, Uses Requiring a Special Permit of the Protective Bylaw. Because the existing structure is nonconforming in that it does not comply with the dimensional requirements of the GB-3 Zoning District, i.e., road and abutter setback requirements, lot coverage and green space requirements, and a different use is proposed, a Special Permit is also required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw. The property contains 37,730 square feet in a GB-3 Zoning District.
Appeal No. 12-019: 595 Main Street LLC, P.O. Box 25, Chatham, MA 02633, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA 02633, owners of property located at 20 & 30 Bearses Byway and 595 Main Street, also shown on Assessors’ Book Page 14E, Lot 13A-C18, Page 15D, Lots 12-20, 114-23 and 15-23A. The appellants propose to convert the second floor at 595 Main Street, currently a restaurant and retail/professional office space to four (4) 2-bedroom Apartments Incidental to a Commercial Use, and demolish a 3-bedroom apartment with retail space at 20 Bearses’ Byway and construct a 4-bay garage attached to 595 Main Street as an accessory use to the proposed apartments. The appellants propose to alter, demolish and construct Apartments Incidental to a Commercial Use via the addition of a building replacing the original 20 Bearse’s Byway with a 3-bedroom apartment unit in a different area on the parcel, demolition of a 4-bedroom apartment unit at 30 Bearses Byway, eliminating 1 bedroom and adding a garage, and construction of a new, 2-bedroom apartment unit with garage. The existing buildings are all nonconforming in that they contain various setback nonconformities and other dimensional nonconformities. The number of apartments will exceed the maximum allowable number (9) by 2 apartments, a Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw to convert a nonconforming use in a nonconforming building to another nonconforming use. A Special Permit is required under Section III.C.4.c., District Regulations, District Use Regulations, General Business Districts, Uses Requiring a Special Permit, of the Protective Bylaw for the construction of Apartments Incidental to a Commercial Use. The property contains 98,059 sq. ft. in a GB-1 Zoning District.
Appeal No. 12-020: Dr. Jonathan A. Miller, 71 Taylors Pond Road, So. Chatham, MA 02659, agreed vendee of property located at 31 Meetinghouse Road, also shown on Assessors’ Book Page 4E as Lot 11. The appellant proposes to convert a nonconforming structure and use (retail plumbing business) to another nonconforming use (professional office). The existing use is nonconforming in that a retail business is not an allowed use in a Residential R-60 Zoning District. The structure is nonconforming in that it is located 10 feet from the northerly lot line where a 25 foot setback is required. The property is nonconforming in that it contains 46,074 sq. ft. where 60,000 sq. ft. is required, and 83.62 linear ft. of frontage where 150 ft. is required. Conversion from one nonconforming use to another nonconforming use can only be accomplished via the grant of a Special Permit. The property contains 46,074 square feet in an R-60 Zoning District. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.
Appeal No. 12-021: 1455 Main Street, LLC, P.O. Box 25, Chatham, MA 02633, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA 02633, owner of property located at 1455 Main Street, also shown on Assessors’ Book Page 10E as Lot R2. The appellants propose to convert a nonconforming structure and use (professional offices on the first floor and six 1-bedroom apartments on the on the second floor) to another nonconforming use (four 2-bedroom apartments on the first floor and three 2-bedroom apartments on the second floor). The existing uses (six professional office spaces on the first floor and six 1-bedroom apartments on the second floor) are nonconforming in that the operation of professional offices in an SB (Small Business) Zoning District requires the grant of a Special Permit and apartments are not an allowed use in an SB Zoning District. The existing uses pre-date the current Protective Bylaw. The conversion of one nonconforming use to another nonconforming use can only be accomplished via the grant of a Special Permit. The appellant also proposes a parking setback on the easterly side of 14 feet where a 15 foot setback is required, and 62.5% site coverage where a maximum of 50% is allowed. The structure is nonconforming in that it is located 16.1 feet from the easterly lot line where a 20 foot setback is required. The site is nonconforming in that parking spaces are located 5 feet from Captain Richards Way where a 20 foot setback is required, 7 feet from Main Street where a 60 foot setback is required, 9 feet from the easterly lot line where a 20 foot setback is required, and the site coverage, at 76.2%, exceeds the maximum allowable coverage of 50%. The property contains 27,854 square feet in an SB Zoning District. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.
Plans, site plans, and all other documents related to these Appeals are on file with the Department of Community Development, located at 261 George Ryder Road and may be viewed Monday through Thursday, 7:00 a.m. to 4:00 p.m.; Friday, 7:00 a.m. to 12:30 p.m.
Edward M. Fouhy
Chairman |