Information for Meeting of Zoning Board of Appeals
Wednesday December 05, 2012 9:00 AM EST

Town of Chatham, Zoning Board of Appeals

Appeal No. 12-097:  Continued from the November 1, 2012 public hearing, 475 Main Street, LLC, P.O. Box 1348, W. Chatham, MA  02669, c/o Michael D. Ford, Esq., P.O. Box 485, W. Harwich, MA  02671, owners of property located at 471-475 Main Street, also shown on Assessors' Book Page 15D as Lots 49 & 51.  The appellants propose to change, alter and expand  nonconforming structures (used for retail and apartments) via the demolition of a building at 465 Main Street, the relocation of the building at 471 Main Street to the northeasterly side of the property, and the construction of a new addition between 475 Main Street and the relocated building.  Additionally proposed is the addition of a two-bedroom Apartment Incidental to Commercial Use on the second floor of the new addition,  and the conversion of an area on the second floor of 475 Main Street currently used for storage and office space to a 2-bedroom apartment, for a total of three apartments where a maximum of two is allowed under Section VII, Special Regulations, Specific Standards, Apartment Incidental to a Commercial and Industrial Use, which requires 10,000 sq. ft. of buildable upland for each apartment.   Section VI.,B.6.g., Supplementary Regulations, Parking Requirements, Required Spaces, of the Protective Bylaw requires one parking space for each 150 sq. ft. of retail space and two spaces for each residential dwelling unit;  therefore, the number of proposed parking spaces will be deficient and will require the grant of a Special Permit.  Section VI.C.1., Supplementary Regulations, Off-Street Loading Requirements, of the Protective Bylaw requires an off-street loading space for any building which is erected, enlarged or altered for business, industrial or institutional purposes which contains over 5,000 sq. ft. of gross building area.  The proposal does not contain a provision for such loading space and therefore the applicants must request relief from this requirement from the Zoning Board of Appeals.  The existing buildings are nonconforming in that the establishment of an Apartment Incidental to a Commercial Use requires the grant of a Special Permit, and 475 Main Street is nonconforming in that it is located 1 foot from the road where a 5 foot setback is required.  A Special Permit is required under Section III.C.4.c., District Use Regulations, GB Districts, Uses Requiring a Special Permit,  Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, Section VI.B.6.g., Supplementary Regulations, Parking Requirements, Required Spaces,   Section VI.C.1., Supplementary Regulations, Off-Street Loading Requirements, and Section VIIB.4., Special Regulations, Specific Standards, Apartment Incidental to a Commercial and Industrial Use of the Protective Bylaw.  The property contains 21,518 sq. ft. in a GB-1 Zoning District.