| Agenda: | TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE
The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, March 28, 2013, starting at 3:00 p.m. in the Town Annex Meeting Room, 261 George Ryder Road, on the following appeals:
Appeal No. 13-016: Capri Lane Association, LLC, 86 Capri Lane, Chatham, MA 02633, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA 02633, owners of property located at Lot C13 Capri Lane, also shown on Assessors’ Book Page 13C as Lot C13. The appellants are requesting the grant of a Special Permit to construct a 4 foot by 108 foot association pier with a 10 foot by 20 foot float and two 10 foot by 4 foot dinghy floats in a Coastal Conservancy District (Oyster Pond) and abutting a 10 foot wide right-of-way. The appellants indicate that all lot owners on Capri Lane will have the right to join the association and use the pier. Section IV.A.3.a., Overlay Regulations, Conservancy Districts, Special Permit Uses, of the Protective Bylaw, requires the grant of a Special Permit for the construction of a pier, however, the proposed pier does not comply with the dimensional requirements of the Bylaw for private commercial or residential piers, and would be located in an area where private commercial and residential piers are prohibited. Therefore, the appellants must demonstrate that the proposed pier is neither a private residential or a commercial pier. The property contains approximately 2,200 sq. ft. in an R-40 Zoning District.
Appeal No. 13-019: Aaron & Courtney Polhemus, 38A Munson Meeting Way, Chatham, MA 02633, owners of property located at 16 Nameless Lane, also shown on Assessors’ Book Page 15D as Lot V20. 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 road and abutter setback and height requirements, however, the demolition of a nonconforming dwelling and construction of a new dwelling in a different location requires the grant of a Special Permit. The existing dwelling is nonconforming in that it is located 13.8 ft. from the westerly lot line and 11 ft. from the southerly lot line where a 15 ft. setback is required from each lot line. The lot is nonconforming in that it contains 10,791 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. 13-020: 1455 Main Street, LLC, P.O. Box 12, Chatham, MA 02633, owners of property located at 1455 Main Street, also shown on Assessors’ Book Page 10E as Lot 38. The appellant is requesting the grant of a Permit to install three, 8 square foot wall signs (one for each business) where a 1 square foot wall sign for each business is allowed, and three ladder signs located on an existing ground sign; the total square footage of the ground sign will exceed the maximum allowable size of 8 square feet in an SB (Small Business) Zoning District. Section 19, Appeal Permits, of Chapter 225 of the Chatham General Bylaws (the Sign Code) authorizes the Sign Code Appeals Committee to grant a permit which in any way varies specific requirements of the Bylaw provided the criteria set forth in the Bylaw is considered. The property contains .64 acres in an SB (Small Business) Zoning District.
Appeal No. 13-021: Eastward MBT, LLC, Trustee, 155 Crowell Road, Chatham, MA 02633, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA 02633, owners of property located at 11 Shattuck Place, also shown on Assessors’ Book Page 15D as Lot 73. The appellants are requesting a Modification of Special Permit 12-030, issued on April 18, 2012, to eliminate a proposed garage and relocate an existing barn/garage to the easterly side of the parcel, construct an addition to the barn/garage and converting it to a guest house, 14.1 feet from the southerly lot line and 10 feet from the northerly lot line where a 15 foot setback is required from each lot line. The proposed building coverage, 3,045 sq. ft., exceeds the maximum allowable coverage of 2,900 sq. ft. Special Permit 12-30 allowed a second dwelling unit located in the main dwelling to be relocated to the barn/garage, converting it to a guest house in the original location. Section 14, Powers of Board of Appeals, 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. The property contains 22,640 sq. ft. in an R-20 Zoning District.
Appeal No. 13-022: Harry & Carol Salo, P.O. Box 1324, E. Dennis, MA 02641, c/o Leonard Sussman, AIA, 695 Fox Hill Road, Chatham, MA 02633, owners of property located at 65 Captains Walk, also shown on Assessors’ Book Page 15H as Lot H8. The appellants are requesting a Modification of Special Permit 11-009, issued on March 3, 2011, to reconfigure a proposed powder room on the westerly side, reducing the size, but constructing it closer to the lot line (19.7 feet where a 25 foot setback is required). Special Permit 11-009 allowed the construction 21.6 feet from the lot line. Section 14, M.G.L. Ch. 40A, The Zoning Act, authorizes the Zoning Board of Appeals to make orders or decisions, reverse or affirm in whole or in part, or modify any order or decision. The property contains 23,066 sq. ft. in an R-40 Zoning District.
Appeal No. 13-024: Anita Harris, d/b/a Jackies, 25 Old Harbor Road, Chatham, MA 02633, c/o Ron Rudnick, 1455 Main St., Chatham, MA 02633, owner of a business located at 595 Main Street, also shown on Assessors’ Book Page 15D as Lot 23. The appellant is requesting the grant of a Permit to install two wall signs, one over each window, where a maximum of one wall sign for each business is allowed in a GB-1 Zoning District. Section 19, Appeal Permits, of Chapter 225 of the Chatham General Bylaws (the Sign Code) authorizes the Sign Code Appeals Committee to grant a permit which in any way varies specific requirements of the Bylaw provided the criteria set forth in the Bylaw is considered. The property contains 96,000 sq. ft. in a GB-1 Zoning District.
Appeal No. 13-008: John & Martha Donoghue, 4 Hammond Hill Road, Chatham, MA 02633, c/o William F. Riley, Esq., P.O. Box 707, Chatham, MA 02633, owners of property located at 4 Hammond Hill Road, also shown on Assessors’ Book Page 16B as Lot MH1. Continued from the February 28, 2013 public hearing for expansion of a nonconforming single family dwelling.
Other Business:
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 |