Information for Meeting of Zoning Board of Appeals
Thursday December 06, 2018 4:00 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 6, 2018, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Other Business:
Approval of minutes 
Appointment of Nomination Committee for Election of Officers
Public Comments 

Application No. 18-092: James Michael Sault, owners of property located at 124 Vineyard Avenue, also shown on the Town of Chatham’s Assessors’ Map 10D Block 36 Lot D106.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a 96 square foot garden shed.  The existing building coverage is 1,656 square feet (15.2%) and the proposed building coverage is 1,752 square feet (16.1%)where 15% is the maximum allowed.  The lot is nonconforming in that it contains 10,905 square feet where 20,000 square feet is required in an R20 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Section V.B of the Chatham Protective Bylaw.

Application No. 18-089: 433 Main Street LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owners of property located at 433 Main Street, also shown on the Town of Chatham’s Assessors’ Map 15D Block TIB Lot RON.  The Applicant seeks to enlarge, extend, or change two nonconforming dwellings on a nonconforming lot via the demolition of the existing dwellings located at 427 and 435 Main Street and the construction of two new dwellings. The existing structure located at 427 Main Street is nonconforming in that it is setback 2 feet from the southerly abutter and 4 feet from the easterly abutter where 5 feet is required.  The existing dwelling located at 435 Main Street is nonconforming in that it is setback 3 feet from the southerly abutter and 3 feet from the westerly abutter where 5 feet is required.  The proposed dwellings will comply with the bulk and dimensional requirements of the Bylaw. The existing lot coverage is 8,926 square feet (76.7%) and the proposed lot coverage is 8,624 square feet (74.1%) where 90% is the maximum allowed.  The lot contains 11,638 square feet in the GB1 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Sections V.B. of the Protective Bylaw.  

Application No. 18-090: William and Betina Shakespeare, c/o Richard Roy, 123A Queen Anne Road, Harwich, MA 02645, owners of property located at 87 Mooncussers Lane, also shown on the Town of Chatham’s Assessors’ Map 11A Block 16A Lot F11.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of an addition.  The existing dwelling is nonconforming in that it is located 22 feet from the Coastal Conservancy District (Flood Plain ele. 11).  The proposed addition will be nonconforming in that it will be located 35 feet from the Coastal Conservancy District where a 50 foot setback is required.  The existing building coverage is 1,882 square feet (5.8%) and the proposed building coverage is 2,678 square feet (8.1%) where 10% is the maximum allowed.  The lot is nonconforming in that it contains 120 feet of frontage where 150 feet is required. The lot contains 62,582 square feet where 40,000 square feet is required in the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Sections V.B of the Chatham Protective Bylaw.  

Application No. 18-091: Richard Smith, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 479 Stony Hill Road, also shown on the Town of Chatham’s Assessors’ Map 15I Block 10 Lot 19.  The Applicant seeks to enlarge, extend, or change a conforming dwelling on a nonconforming lot via the demolition of the existing dwelling and construction of a new dwelling.  The existing garage will remain nonconforming in that it is located 7.9 feet from the northerly abutter and 13.7 feet from the westerly abutter where a 25 foot setback is required.  The proposed dwelling will comply with the all bulk and dimensional requirements of the Bylaw but is considered a substantial alteration and under the Second Except Clause of Section 6 of M.G.L. Chapter 40A, such substantial alteration requires the grant of a Special Permit. The existing building coverage is 1,327 square feet and the proposed building coverage is 2,749 square feet where 2,900 square feet is the maximum allowed.  The lot is nonconforming in that it contains 143 feet of frontage where 150 feet is required and contains 24,058 square feet where 40,000 square feet is required in the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Sections V.B of the Chatham Protective Bylaw.  

Application No. 17-018: 20 45 Chatham Bars Ave LLC, c/o Andrew L. Singer, Esq., PO Box 67, Dennis Port, MA 02639, owner of property located at 45 Chatham Bars Avenue, also shown on the Town of Chatham’s Assessors’ Map 15D Block 39 Lot 16C.  On Remand from the Massachusetts Land Court, the Applicants seek consideration of the revised plans, revised findings and revised conditions.  On July 27, 2017, the Applicants were denied Special Permit No. 17-018 which the Applicant sought for interior and exterior storage, maintenance offices and workshop, with conditions, and under Section I.C. of the Bylaw, seeking a determination that a use not specifically listed should be authorized.  The structure will continue to be nonconforming with a road setback of 3.5 feet where 25 feet is required.  The existing and proposed building coverage will remain nonconforming at 9,984 square feet (27.7%) where 15% is the maximum allowed.  The property contains 36,018 square feet in an R20 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 and Section 9 and Section I.C., V.B. and VIII.D.2.b. of the Protective Bylaw.   

Application No. 18-095: 20 45 Chatham Bars Avenue LLC, c/o Andrew L. Singer, Esq., PO Box 67, Dennis Port, MA  02639, owners of property located at 20 Chatham Bars Avenue, also shown on the Town of Chatham’s Assessors’ Map 15D Block 47 Lot 95.  The Applicant seeks a Special Permit under Section III.D.3.i. to allow a use permitted in the less restrictive zone to be authorized for the entire lot.  If the commercial use of the lot is allowed, a Special Permit under Section III.C.4.c.4. is required for two 3-bedroom apartments incidental to a commercial use (professional office).  The existing structure is and will remain nonconforming in that it is setback 12.7 feet from the private way where 25 feet is required.  The parking areas are nonconforming in that they are located 5 feet from the southerly abutter, 10 feet from the easterly abutter and 0 feet from the private way.  The existing lot coverage is 9,239 square feet (52.7%) and the proposed lot coverage is 10,104 square feet (57.7%) where 70% is the maximum allowed.  The lot is nonconforming in that it contains 17,523 square feet where 20,000 square feet is required for the proposed uses in the R20/GB2 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 & 9 and Sections III.C.4.c.4, III.D.3.i., V.B. & VIII.D.2.b. of the Protective Bylaw.  Under Application No. 18-094, the Applicant seeks a Dimensional Variance from the floor area requirement that 51% of the structure be utilized as commercial space and the land area requirement for two (2) apartments incidental to a commercial use.  A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw.  


Plans, site plans, and all other documents related to these Applications 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 Nixon
Chairman