Information for Meeting of Zoning Board of Appeals
Thursday July 12, 2012 3:00 PM EDT

Town:Chatham, MA 
Board:Zoning Board of Appeals
Time:Thursday July 12, 2012 3:00 PM EDT
Location:Annex - Large Meeting Room
261 George Ryder Road, Chatham, MA 02633
Agenda:
The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, July 12, 2012, starting at  3:00 p.m. in the Town Annex Meeting Room,  261 George Ryder Road, on the following appeals:

Appeal No. 12-057:  Gregory & Lynne O’Brien, 1127 Langley Lane, McLean, VA  22101, c/o Jason R. Norton, Coastal Engineering Co., Inc., 260 Cranberry Highway, Orleans, MA  02653, owners of property located at 12 Nickerson Lane, also shown on Assessors’ Book Page 7B as Lot S20.  The appellants propose to create an unpaved trail in a Coastal Conservancy District (Coastal Bank).  The property contains .4 acres in an R-20 Zoning District. A Special Permit is required under Section IV.A.3.a., Overlay Regulations, Conservancy Districts, Special Permit Uses, of the Protective Bylaw.

Appeal No. 12-058:  James & Janet Favaro, 192 Long Hill Road, Oakland, NJ   07436, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA  02633, owners of property located at 13 Aunt Carries Road, also shown on Assessors’ Book Page 3B as Lot B21.  The appellants propose to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling.  The proposed new dwelling will comply with the dimensional requirements of the Protective Bylaw, however, the proposal is not technically an alteration, extension or structural change to a nonconforming single family dwelling, and under the second except clause of Section 6 of M.G.L., Ch. 40A, The Zoning Act, the construction of a new dwelling in a different location on the parcel requires the grant of a Special Permit.  The existing dwelling is nonconforming in that it is located 9.8 feet from the westerly lot line where a 15 foot setback is required and 24 feet from the road where a 25 foot setback is required.  The lot is nonconforming in that it contains 8,236 sq. ft. where 20,000 sq. ft. is required and 93 linear ft. of frontage where 100 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. 12-059:  Christopher J. & Elizabeth M. McCormick, 56 Deans Way, Foreside, ME   04110, c/o William G. Litchfield, Esq., 330 Orleans Road, No. Chatham, MA  02650, owners of property located at 93 Woodland Way, also shown on Assessors’ Book Page 12K as Lot HC36.  The appellants propose to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling.  A proposed swimming pool will be located 30 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 2,235 sq. ft. to 3,459 sq. ft. where a maximum of 3,000 sq. ft. is allowed.  The existing dwelling is nonconforming in that it is located 30 ft. from a Coastal Conservancy District (Top of Bank) where a 50 ft. set back is required. The lot is nonconforming in that it contains 32,324 sq. ft. where 40,000 sq. ft. is required, and 130 linear ft. of frontage where 150 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. 12-060:  Jan F. Roller, 91 Thunder Road, Sudbury, MA  01776, c/o Susan B. Ladue, Eastward Companies, 155 Crowell Road, Chatham, MA  02633, owner of property located at 163 Queen Anne Road, also shown on Assessors’ Book Page 14E as Lot 11A.  The appellant proposes to expand a nonconforming single family dwelling via the replacement and enlargement of an existing deck, 22.6 feet from the southerly lot line where a 25 foot setback is required.  The existing dwelling is nonconforming in that it is located 22.6 feet from the southerly lot line where a 25 foot setback is required.  The lot is nonconforming in that it contains 17,710 sq. ft. where 40,000 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. 12-061:  FoodRunner, LLC, P.O. Box 318, W. Chatham, MA  02669, c/o William G. Litchfield, 330 Orleans Road, No. Chatham, MA  02650, lessee of property located at 84/108 Meetinghouse Road, also shown on Assessors’ Book Page 4E as Lot T15.  The appellant proposes to operate a fast food/takeout restaurant (mobile food service trailer) in an Industrial Zoning District. The property contains 24,898 sq. ft. in an Industrial Zoning District.  A Special Permit is required under Section III.C.5.c., District Regulations, District Area Regulations, Industrial Districts, Uses Requiring a Special Permit,  of the Protective Bylaw.

Appeal No. 12-062:  Cape Cod Hospital, c/o Eliza Cox, Esq., Nutter, McClennen & Fish, P.O. Box 1630, Hyannis, MA  02601, lessees of property located at 1629 Main St., also shown on Assessors’ Book Page 8D as Lot 8.  The appellants are requesting the grant of a Permit to install additional signage, specifically, four 2 foot by 2.5 foot suite entrance wall signs, two on the front elevation and two on the rear elevation, and an additional 2 foot by 10 foot wall sign on the rear of the building.  Section 225.4, Regulations for General Business and Industrial Zones of the Chatham Sign Code allows one wall sign for each street frontage and one ground sign.  The property contains .8666 acres in a GB-3 Zoning District. A Permit is required under Section 225-19, Appeal Permits of the Chatham General Bylaws (Sign Code).

Appeal No. 12-050:  Mark & Kathleen Castigilione, 81 Lukes Woods Rd., New Canaan, CT  06840, c/o Daniel A. Sylver, 17 Pond View Ave., Chatham,, MA  02633, owners of property located at 77 Mill Pond Road,  continued from the June 14, 2012 public hearing for expansion of a nonconforming single family dwelling.

Other Business:

Appeal No.  11-084:  37 Holway St., Realty Trust, Warren Simmmons, III & Barry Kopp, Trustees,  c/o J.P. Morgan 260148, P.O. Nox 4521, Newark, NJ  19714, owners of property located at 37 Holway St., also shown on Assessors’ Book Page 17C as Lot 49.  Vath & Higgins Builders, LLC, are requesting an additional extension of time of approximately two weeks for exterior construction at the property.

Appeal No. 12-032:  Levi’s Path Nominee Trust, 155 Crowell Road, Chatham, MA  02633, for property located at 2684 Main Street;  signing of the Subdivision Plan for the 40B Comprehensive Permit granted by the Zoning Board of Appeals.

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
Scheduled By:Paula Liska
Posted At:Jun 20, 2012 10:48 AM EDT
Last Modified:Jul 05, 2012 1:45 PM EDT
Minutes:Minutes are on record with the Town Clerk's office
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Minutes and Associated Documents

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07-12-12 Meeting Minutes.doc  (download) 86 Kb Sep 13, 2012 1:06 PM EDT

Meeting Revision History

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Jul 05, 2012 1:45 PM EDTAgenda Details...