Information for Meeting of Zoning Board of Appeals
Thursday December 04, 2014 3:00 PM EST

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
AMENDED AGENDA

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, December 4, 2014, starting at 3:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following appeals:

Discussion of South Cape Enterprise requested change to Condition No. 54 of the Comprehensive Permit for 1062 & 1086 Main Street

Appeal No. 14-082: Jeffrey K. and Patricia Lines, c/o William F. Riley, 154 Crowell Road, Box 707, Chatham, MA  02633, owner of property located at 28 Eel River Road, also shown on the Town of Chatham’s Assessors’ Map 4C, Block 49A, Lot MS3. The appellants seek to construct an elevated staircase on the coastal bank and within the Conservancy District to provide access to Taylor Pond.  The proposed staircase will be 19 feet from the easterly abutter’s setback.  The lot is 14,500 square feet and the Zoning District is R-20.  This is a Repetitive Petition.  A Special Permit is required under Section IV.A.3. of the Chatham Protective Bylaw.  

Appeal No. 14-083: Margaret M. McCarthy, c/o Michael D. Ford, Esq., 78 Main Street, PO Box 485, West Harwich, MA  02671, owner of property located at 193 Depot Road, Chatham, MA  02633, also shown on the Town of Chatham’s Assessors’ Map 14E, Block 71, Lot 68. The Appellant proposes to modify Special Permit No. 13-095 to allow the installation of three exterior mechanical system appliances.   The first proposed exterior mechanical system appliance will have an easterly abutter’s setback of 20.4 feet, where 20 feet is required.  The two existing exterior mechanical system appliances have a 1.2 foot abutter’s north/northwesterly setback and the two proposed exterior mechanical system appliances will be installed in the same location and will have an abutters setback of 1.2 feet where 20 feet is required.   The property is located in an SB Small Business 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. 14-084: Shirley A. Fennell, Trustee, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650, owner of property located at 33 Pine Bluff Road, also shown on the Town of Chatham’s Assessors’ Map 2A, Block 66, Lot 36. The Appellant proposes to change, alter, or expand a nonconforming dwelling on a nonconforming lot via the construction of a 98 square foot addition, and thereby increasing building coverage from 3,065 square feet to 3,163 square feet where 2,850 square feet is allowed.   The Appellant seeks to remove a nonconforming deck within the Conservancy District and construct a 4 foot by 3 foot storage bin below the top of bank, and to construct a deck 0 feet from the Conservancy District where 50 feet is required.  The property is nonconforming in that the building coverage is 3,065 where 2,850 is allowed, contains structures within the Conservancy District where a 50 foot setback is required, and contains more than one dwelling unit.  In addition, the Appellant seeks a Special Permit under Section IV. A. 3 to rebuild and reconfigure stairs within the Conservancy District.  The lot contains 1.099 acres and is located in an R-20 Zoning District.  A Special Permit is required under Section V.B. Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw, and M.G.L. Chapter 40A, Section 6.

Appeal No. 14-085: Alison H. Harper, Trustee, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA  02650, owner of property located at 12 Mistover Lane, also shown on the Town of Chatham’s Assessors’ Map 17C, Block 4, Lot 46. The Appellant proposes to change, alter, or expand a nonconforming dwelling on a nonconforming lot via the construction of a deck 1.9 feet from the road setback where 25 feet is required.  The property is nonconforming in that the existing workshop is 0 feet from the road setback where 25 feet is required; the existing garage is 1.4 feet from the road setback where 25 feet is required.  The existing garage is approximately 6 feet from the Conservancy District where 50 feet is required.  The lot is nonconforming in that it contains 14,760 square feet of buildable upland where 20,000 square feet is required.  In addition, the Appellant seeks a Special Permit under Section IV.A.3 to construct an elevated staircase within the Conservancy District to provide access to the water.  The lot area is 21,802 square feet and is located within the R-20 Zoning District.  A Special Permit is required under Section V.B. Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw, and M.G.L. Chapter 40A, Section 6.

Appeal No. 14-088: Cross Street Landing, LLC, c/o Sarah Turano-Flores, Esq., Nutter, McClennen & Fish, LLC, PO Box 1630, Hyannis, MA 02601, owner of property located at 22,24,26,28,30,36,40, and 44 Cross Street, also shown on the Town of Chatham’s Assessors’ Map 15D, Block 4, Lot 19. The appellant seeks to amend only the portion of Special Permit No. 13-079 issued pursuant to Section V.B, Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change to allow for the alteration to the 4 rear structures on the lot.  Specifically, the garage for Captains Hideway is now attached instead of detached, and the garages for the other dwellings are now proposed to be detached instead of attached.  The footprints of these four dwellings will change; however, the total building coverage will be less than previously approved.  Previously approved building coverage is 16,723 square feet; proposed building coverage is 16,315 square feet.  Previously approved lot coverage was 31,403 square feet (46%) and the proposed lot coverage is 30,648 square feet (44%).  A Special Permit is required under Section V.B. of the Chatham Protective Bylaw and M.G.L. Chapter 40A Section 6.  

Other Business:
Approval of minutes     
Discussion of proposed changes to the definition of private residential piers

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.

The full agenda for this meeting will be posted at: www.mytowngovernment.org/02633 at least 48 hours prior to the meeting, excluding Saturdays, Sundays and legal holidays.

David S. Nixon
Chairman