| Agenda: | The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, June 28, 2012, starting at 4:00 p.m. in the Town Annex Meeting Room, 261 George Ryder Road, on the following appeals:
Appeal No. 12-052: Peter B. Donovan, 239 Commerce Park, Unit 3, So. Chatham, MA 02659, c/o James M. Norcross, Esq., P.O. Box 707, Chatham, MA 02633, owner of property located at 26 Stage Coach Drive, also shown on Assessors’ Book Page 4F as Lot F34. The appellant proposes to expand a nonconforming single family dwelling via the addition of a 16 foot by 24 foot garage on the easterly side, 18.5 feet from the lot line where a 25 foot setback is required, and a second story containing two bedrooms, bath and storage. The second story is considered a substantial alteration to a nonconforming single family dwelling. The existing dwelling is nonconforming in that it is located 39.8 feet from the road where a 40 foot setback is required and 20.2 feet from the easterly lot line where a 25 foot setback is required.. The lot is nonconforming in that it contains 12,382 sq. ft. where 60,000 sq. ft. is required and 100 linear feet of frontage where 150 feet is required. The Zoning District is R-60. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.
Appeal No. 12-053: William Storff, 270 Stage Harbor Road, Chatham, MA 02633, c/o Richard J. Roy, 123A Queen Anne Road, Harwich, MA 02645, owner of property located at 326 Morris Island Road, also shown on Assessors’ Book Page 15A1 as Lot H130. The appellant proposes to expand a nonconforming single family dwelling via the addition of a 9.75 foot by 4.75 foot covered porch on the southwesterly side, partially within the required 50 foot setback to a Coastal Conservancy District (Coastal Bank) and 42 feet from another Coastal Conservancy District (Flood Plain, el. 9) where a 50 foot setback is also required, and an 8 foot by 12 foot shed on the easterly side, 5 feet from the lot line where an 8.33 ft. setback is required, and 14 ft. from a Coastal Conservancy District (Top of Bank) where a 50 foot setback is required. The existing dwelling is nonconforming in that it is located 28 ft. from a Coastal Conservancy District (Top of Bank) where a 50 foot setback is required and 25 ft. from another Coastal Conservancy District (Flood Plain, el. 9) where a 50 foot setback is also required, and 38 ft. from the road where a 40 ft. setback is required. The lot is nonconforming in that it contains 20,951 sq. ft. where 40,000 sq. ft. is required, and 11,242 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. 12-054: John M. & Heidi S. Fahey, 3327 Dent Place NW, Washington, DC 20007, c/o Michael D. Ford, Esq., P.O. Box 485, W. Harwich, MA 02671, owners of property located at 44 Nickerson Lane, also shown on Assessors’ Book Page 7B as Lot S17. The appellants propose to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling, 16.2 feet from a Coastal Conservancy District (Top of Bank) where a 50 foot setback is required, and the building coverage will increase from an existing 12.8% (1,500 sq. ft.) to 17% (1,993 sq. ft.) where a maximum of 15% is allowed. The existing dwelling is nonconforming in that it is located 8 feet from a Coastal Conservancy District (Top of Bank) where a 50 foot setback is required, and 12 ft. from the northerly lot line where a 15 ft. setback is required. The lot is nonconforming in that it
contains 18,400 sq. ft. where 20,000 sq. ft. is required. The Zoning District is R-20. A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change, of the Protective Bylaw.
Appeal No. 12-056: CBI PC LLC & CBI NCA LLC, R.D. Cohen, 31 St. James Ave., Boston, MA 02116, c/o Chris Cannon, AIA, P.O. Box 201, Chatham, MA 02633, owner of property located at 296 Shore Road, also shown on Assessors’ Book Page 16E as Lot F1. The appellants propose to expand a nonconforming structure and use (hotel) via the addition of a pergola and deck on the northeasterly side, 15 feet from a Coastal Conservancy District (Flood Plain Zone A9, el. 10) where a 50 foot setback is required. The existing buildings are nonconforming in that they contain various setback nonconformities, and the use is nonconforming in that a hotel is not an allowed use in an R-40 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. 12-044: Daniel Brickman, 50 Wee Burn Lane, Darien, CT 06820, continued from the May 24, 2012 public hearing for a kayak rack in a Coastal Conservancy District at 300 Stage Neck Road.
Appeal No. 06-049: Louis & Ellen McKenna Hieb, 45 West Oakwood Drive, Carlisle, PA 17013, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA 02633, owners of property located at 25 Chatharbor Lane, also shown on Assessors’ Book Page 5B as Lot C1. The appellants are seeking clarification of a condition included in the Special Permit, which states that no construction shall occur between June 1 and October 1; the appellants are requesting a clarification as to whether the condition includes interior work. The property contains 13,327 sq. ft. in an R-20 Zoning District.
Appeal No. 09-007: S.H. Central Park North Family Limited Partnership, Sylvia Habib, c/o Michael D. Ford, Esq. The property is located at 43 Holway St.; the Special Permit issued by the ZBA contained a condition that 18 arborvitae be planted along the easterly lot line, to address the concerns of the abutters at 47 Holway St. 47 Holway St. has been sold, and the new owners, Mr. & Mrs. McEntee, do not feel that the vegetative barrier is necessary, and request the the ZBA waive the condition.
Other Business:
Proposed Amendments to the Zoning Board of Appeals Rules and Regulations:
1. Amend Section II.A., Organization, Elections: Add after the first sentence: “An elected
Chairman shall be eligible for re-election for a second consecutive term as Chairman but not for a third consecutive term. The concurring vote of at least three (3) members of the Board shall be required for the election of all officers.
2. Amend Section II.H.Organization, Hearings and Meetings: Second sentence to be changed to:
“ Hearings and meetings shall be held at 4:00 p.m. at the Town Annex meeting room, unless specified
In the notice.”
3. Amend Section V.A., Actions by the Board, Voting Requirements: by amending the first sentence
as follows: “The concurring vote of at least four members of the Board shall be required for any action taken by the Zoning Board of Appeals”, except for the election of Officers and except as provided in Massachusetts General Law 40B and any regulations thereunder.
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.
Edward M. Fouhy
Chairman |