| Agenda: | TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE
The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, August 22, 2013, starting at 3:00 p.m. in the Town Annex Meeting Room, 261 George Ryder Road, on the following appeals:
Appeal 12-032 40B Comprehensive Permit, issued June 7, 2012. : Discussion: Levi's Path LLC, 155 Crowell Road, Chatham, MA 02633, for property located at Levi's Path, Assessors' Book Page 2D as Lot 2. The appellants are requesting that the Zoning Board of Appeals approve, as an insubstantial change, the location of the affordable units from Lots 1 and 4 to Lots 1 and 3.
Section 11 (a) and (b) of 760 CMR 56 of M.G.L. allows the Zoning Board of Appeals to determine whether such change is insubstantial without holding a hearing, however, such finding must be made within 20 days of notification of change.
Appeal No. 13.047: GRS Investments, LLC, 1455 Main St., Chatham, MA 02633, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA 02633, owners of property located at Lot ND3 Misty Meadow Lane, also shown on Assessors’ Book Page 13H as Lot ND3. The appellants are requesting the grant of a Dimensional Variance to construct a multi-family structure containing 3 two bedroom units, 25.6 feet from a Coastal Conservancy District (Flood Plain, el. 11) where a 50-foot setback is required. Multi-family structures are an allowed use (with the grant of a Special Permit by the Planning Board) in an R-20A Zoning District. A Dimensional Variance is required under Appendix II, Schedule of Dimensional Requirements and Section VIII.D.2.c., Zoning Board of Appeals, Powers, Variances, of the Protective Bylaw. The property contains 69,129 sq. ft. total, with 32,500 sq. ft. of buildable upland in an R-20A Zoning District.
Appeal No. 13-048: Charles & Anne Schewe, 23 Ash Lane, Amherst, MA 01002-1621, c/o Theodore P. Streibert, AIA, 15 Linden Tree Lane, Chatham, MA 02633, owners of property located at 32 Clam Shell Drive, also shown on Assessors’ Book Page 16A as Lot H75. The appellants propose to expand a nonconforming single family dwelling via the addition of a roof deck on the southeasterly side, within a Coastal Conservancy District (Flood Plain, A9 Zone, el. 10) where a 50 foot setback is required. The existing dwelling is nonconforming in that it is wholly located in a Coastal Conservancy District (Flood Plain, A9 Zone, el. 10) where a 50 foot setback is required, exceeds the maximum allowable building coverage because the parcel contains no buildable upland, and exceeds the maximum height of 20 feet allowed in a Coastal Conservancy District. The dwelling is also nonconforming in that it is located 15 feet from the road where a 40 foot setback is required, and 16.2 feet from the easterly lot line and 17.2 feet from the northerly lot line where a 25 foot setback is required from each lot line. The lot is nonconforming in that it contains 6,975 sq. ft. where 40,000 sq. ft. is required, and 0.0 sq. ft. of buildable upland where 20,000 sq. ft. is required. The Zoning District is R-40. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.
Appeal No. 13-049: Joan Reiguluth Van Nest, P.O. Box 155, No. Chatham, MA 02650, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA 02633, owner of property located at 606 Orleans Road, also shown on Assessors’ Book Page 12J as Lot GD. The appellant is requesting a Modification of Special Permit 12-036, issued on June 1, 2012, to change, alter or extend a nonconforming single family dwelling via the revision of the height of the structure, adding 1 foot to the foundation height, increasing the height of the dwelling to 37.2 feet above the top of foundation, (36.2 feet was approved as indicated on the plans approved in Special Permit 12-036). The footprint and height of the structure above the foundation will remain the same as previously approved. Preliminary Flood Plain maps have been generated which indicate that the 11 foot Flood Plain elevation is now calculated differently, resulting in a 1-foot rise. Section 14, Powers of Board of Appeals, Authority of Board, of M.G.L., Ch. 40A, The Zoning Act, authorizes the Zoning Board of Appeals to reverse or affirm, in whole or in part, or modify any order or decision.
Other Business:
Discussion and decision regarding an expected future filing of a 40B Comprehensive Permit and whether the ZBA will schedule hearings for this application at their regular bi-monthly meetings or at specially designated meetings.
Approval of minutes
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.
David S. Nixon
Chairman |