Information for Meeting of Zoning Board of Appeals
Thursday February 13, 2014 2:30 PM EST

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, February 13, 2014, starting at 2:30 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following appeals:

Appeal No. 13-096: Olive F. Osborn, Trustee, 465 Crowell Road, Chatham, c/o William F. Riley, Esq. PO Box 707, Chatham, MA 02633, owner of property located at 481 Crowell Rd, also shown on Assessors’ Map 12H, Block 16, Lot 1.  The applicant proposes to modify the lot lines of this parcel by incorporating the easterly portion of an abandoned Town Way, formerly Middle Road and creating a new boundary line with the adjacent parcel, 465 Crowell Road, via the conveyance of 1,327 square feet to the adjacent parcel.  The lot is nonconforming in that it contains an area of 57,233 square feet where 60,000 square feet is required.  The property is located in an R-60 Zoning District.  The proposed modifications will increase the total square footage of the lot, but not sufficiently to remove the nonconformity.  A dimensional Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw. 

Appeal No. 13-095: William Wescott, Jr. and Diane E. Wescott, PO Box 641, Chatham, MA  02633, 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, submitted on behalf of Margaret M. McCarthy, agreed vendee, c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA  02671. The Appellant proposes to raze the existing structure and replace it with a new structure on the same footprint.  The Appellant seeks to change the use from retail sales and service and residential apartment to a new structure for the storage of antique/specialty automobiles with accessory office space.  The lot is non-conforming as the lot area is 4,506 square feet where 20,000 square feet is required.  The existing structure is non-conforming in the following ways: on the westerly side, setbacks range from 1.8 feet to 2.9 feet where 20 feet is required; on the northerly side, the setback is 1.5 feet where 20 feet is required; on Depot Road, the setback is .8 inches to 4.7 feet where 50 feet is required; and at it closest point to Old Harbor Road (Route 28), current setback is 22.4 feet where 50 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 and Section VIII.D.2.b. Administration, of the Protective Bylaw.

Appeal No. 13-088: William F. Hester, 63 Beach Avenue, South Dartmouth, MA  02748, owner of property located at Lot 105 Stage Island Road, Chatham, MA  02650, also shown on the Town of Chatham Assessors’ Map 14A2, Block 9, Lot D38.  The appellant proposes to construct a two bedroom single family home on elevated pilings on a vacant 40,768 square foot lot.  Proposed single family home will meet frontage and setback requirements but does not have adequate upland.  The Appellant seeks the following Variances; a Variance from Section III D.3.a.1 Upland Requirements of 10,000 square feet of buildable upland for a house lot created prior to 1984 in an R-40 Zoning District, a Variance from Section IV 3. a. Height restriction, and a Use Variance from Section IV 4.d. Conservancy District of the Protective Bylaw.     
Appeal No. 13-094:  Cape Cod Commercial Fisherman’s Alliance, c/o Melissa Sanderson, Representative, 1566 Main Street, Chatham, owner of property located at 1566 Main Street, also shown on Assessors’ Map 9E, Block 5, Lot 8.  The appellant is requesting the grant of a Permit by the Sign Code Appeals Committee to install a new 42 inch diameter sign, with a 42 inch wide and 22 inches high marquee below it.  The total proposed sign will be 16 square feet per face with an overall height of 94 inches.  The proposed sign will be relocated 2 feet north to improve sight lines and accommodate the anticipated round-about construction.  Regulations for Small Business Zones of the Chatham Sign Code, allows a maximum of 6 square feet per face.  A Permit is required under Section 225-19, Appeal Permits, of the Chatham Sign Code.  The property contains 31,761 square feet in an SB Zoning District and consists of a commercial use. 

Appeal No. 14-001: Mimi Jigarjian, Trustee Highland Realty Trust,  c/o Rubin & Rudman, LLP, 50 Rowes Wharf, Boston, MA  02116, owner of property located at 119 Highland Avenue, also shown on the Town of Chatham’s Assessors’ Map 15E, Block 56A, Lot 45A. The appellant proposes to change, alter, or expand a nonconforming single family dwelling on a nonconforming lot via the construction of an addition and deck to the northeasterly side.  The proposal is to convert the garage area to habitable space and re-configure the footprint of the structure.  The existing structure has a building coverage of 19.1% and the proposed addition will decrease the building coverage to 18% where 15% is required.  The lot is nonconforming in that it contains 10,384 square feet where 20,000 square feet is required.  The Zoning District is R20.   A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw.

Appeal No. 14-002: G. Thomas and Cynthia Nettleton, PO Box 43, Southport, CT, 06890, c/o William G. Litchfield, Esq., 330 Orleans Road, N. Chatham, MA  02650, owner of property located at 26 Little Lane, also shown on the Town of Chatham’s Assessors’ Map 10K, Block 9, Lot NL3. The appellant proposes to alter, change or expand a nonconforming single family dwelling on a nonconforming lot via the construction of a 14 foot by 16 foot study on the south side and a 16 foot by 18 foot addition to the master bedroom on the east side of the existing structure.  The additions will meet setback requirements, but coverage will increase from 2,411 square feet to 2,926 square feet where 2,850 square feet is allowed.  The existing structure is nonconforming in that it is located 30.8 feet from the road where 40 feet is required and 20.6 feet from the abutter where 25 feet is required.  The lot is nonconforming in that it has 125 feet of frontage where 150 feet is required, and contains 21,331 square feet where 40,000 square feet is required.  The Zoning District is R40.  A Special Permit is required under Section V.B. Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw.

Appeal No. 13-085: James & Mary Ann Donnelly, 333 Ricciuti Drive Apt 1103, Quincy, MA  02169, owner of property located at 22 Charles Street, also shown on the Town of Chatham’s Assessors’ Map 3D, Block 32, Lot 36. The appellant proposes to expand a nonconforming single family dwelling via a two-story addition on the west side.  The proposed additional will comply with the dimensional requirements of the Chatham Protective Bylaw, but is considered a substantial alteration to a non-conforming single family dwelling.  The lot is non-conforming in that it contains 13,215 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. Continued from January 9, 2014.



Appeal No. 14-005: John L. O’Brien, 70 Apple Blossom Lane, Lynn, MA  01904, c/o William Litchfield, Esq., 330 Orleans Road, N. Chatham, MA  02650, owner of property located at 393 Main Street, also shown on the Town of Chatham’s Assessors’ Map 16D, Block 4, Lot 3.  Petitioner seeks a Modification of Special Permit No. 13-042 issued on August 1, 2013, to specifically allow for the construction of a 2’6” knee wall and dormer on the east side of the building at 391 Main Street, as a change, alteration, or extension of a pre-existing, non-conforming structure on a nonconforming lot.  The knee wall and dormer are to be located within the footprint of the existing building, but the structure itself is located 0.2’ from the lot line where 5’ is required.  The total lot area is 9,311 square feet and the Zoning District is GB1.  A Special Permit is required under Section V.B., Non-Conforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective By-Law.  

Other Business:
Agreement for Judgment for Special Permit No. 06-099, 369-377 Old Harbor Road (Captains House Inn)
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