Information for Meeting of Zoning Board of Appeals
Thursday February 27, 2014 4:00 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 27, 2014, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following appeals:

Appeal No. 14-003: Beatrice L. and Eunice F. Chase, 32 Maple Avenue, Newton, MA  02458, c/o Law Offices of Michael D. Ford, Esq., 72 Route 28, West Harwich, MA  02671, the owners of property located at 70 Rowland Drive, also shown on the Town of Chatham’s Assessors’ Map 13J, Block 18, Lot AR5. The appellants propose to change, alter, expand a nonconforming single family dwelling via the construction of an addition consisting of 452 square feet and 145 square feet of porches, resulting in an increase of 619 square feet for a total building coverage of 2,085 square feet, or 16.8%.  It should be noted however that the total building coverage as a percentage of the total lot (78,357 square feet) is only 2.66%, or when based on total upland area of 47,800 is only 4.36%.  The existing deck will be reduced by 108 square feet, having a proposed square footage of 1,142 square feet.  The property is nonconforming in that it has 12,400 square feet of buildable upland where 20,000 square feet is required.  The lot is nonconforming as to abutter setback at 9 feet where 25 feet is required.  The lot is also nonconforming as to Conservancy District setback at -9.9 feet where 50 feet is required.  All other dimensional regulations are conforming on site.  The property is located in the R40 Zoning District.  The lot will continue to be nonconforming as to abutter setback (to deck) at 9 feet, where 25 feet is required.  There will also be a slight increase into the Conservancy District setback (-6.1 feet) bringing the new encroachment to 16 feet within the 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. of the Protective Bylaw.

Appeal No. 14-004: P.T. Marine Inc. & Sean & Rosarie Summers and D. Taggart Real Estate Enterprises, LLC, 46 Ryders Cove Road, PO Box 391, North Chatham, MA  02650, c/o Law Offices of Michael D. Ford, Esq., 72 Route 28, West Harwich, MA  02671, the owners of property located at 46 Ryders Cove Road, 24 Ryders Cove Road and 12 Ryders Cove Road, also shown on the Town of Chatham’s Assessors’ Map 11J, Block 9, Lot 3, and Map 11J, Block 8, Lot 0, and Map 11J, Block 10, Lot 2. The appellants propose to modify the Special Permit and Variance No. 07-104 and No. 98-42 and allow the nonconforming structure and uses of the marina via the demolition of an existing marine retail shop of 1,947 square feet, demolition and removal of existing 146 square foot storage shed, construction of a new 2X16 foot seasonal/movable office, construction of new 192 square foot storage shed, addition of two new boat racks of 1,280 square feet, relocation of the existing 8X12 foot valet kiosk, and reconfiguration of the parking areas at 46 Ryders Cove Road.  The entire property located at 46 Ryders Cove Road is located within the Conservancy District.  In addition, the Appellant seeks a new Special permit to change, alter and expand a nonconforming residential dwelling via the conversion of the existing 1,443 square foot structure and 151 square foot deck located at 24 Ryders Cove Road to a marine shop and office consisting of 1,560 square feet.  The project also includes the construction of a new 800 square foot maintenance building.  The project also consists of relocation of the existing driveway on 12 Ryders Cove Road.  The relocated driveway will be created by way of easement over a portion of 24 Ryders Cove Road.  Portions of both 24 and 12 Ryders Cove Road are located within the Conservancy District.  The existing dwelling is nonconforming as to road setback of 16.2 feet where a minimum of 40 feet is required in the R40 District.  The 117 square foot expansion to the structure will not increase the nonconformity.  The new maintenance building will meet all required setbacks.  The change of use requires a Special Permit under Section III.C.1.c.4.  In addition, the Appellant seeks a new Special Permit under Section IV.A.3.b. & c. of the Protective Bylaw. 

Appeal No. 13-089: Aaron Polhemus, 101 Depot Road, Chatham, MA  02633, owner of property located at 16 Nameless Lane, also shown on the Town of Chatham’s Assessors’ Map 15D, Block 46, Lot V20.  The appellant proposes to change, alter, or expand a nonconforming single family dwelling via the installation of a generator 12 feet from the west side property line and air conditioning condensers 10 feet from the west side property line, and within the west side setback where 15 feet is required.  The dwelling is also nonconforming as to the total building coverage at approximately 18% where only 15% is permitted.  The appellant seeks a Special Permit under Section III.D.3.g. to locate the mechanical systems within the lot line setback in accordance with the provision of the Protective Bylaw  The lot is nonconforming with 13, 050 square feet where 20,000 is required. The property is within the R-20 Zoning District.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change and Section III. D. 3. g of the Protective Bylaw.  The Appellant was granted a Special Permit (13-019) to expand a nonconforming single family dwelling via the demolition of an existing dwelling and construction of a new dwelling.  Continued January 9, 2014.

Appeal No. 13-092: Sally Wightman Trust of 1990, c/o William G. Litchfield, 330 Orleans Road, North Chatham, MA  02650, owner of property located at 132 Old Salt Works Road, Chatham, MA  02633, also shown on the Town of Chatham’s Assessors’ Map 13M, Block 10, Lot C23, submitted on behalf of Kenneth Stoll, agreed vendee, c/o William F. Riley, 154 Crowell Road, Box 707, Chatham, MA  02633. The appellant proposes to change a nonconforming single family dwelling on a nonconforming lot via the demolition of an existing dwelling and construction of a new dwelling.  The lot is nonconforming as it has 29,670 square feet where 40,000 square feet is required. The dwelling is nonconforming as it is located within the Conservancy District.  The Appellant proposes to remove the existing dwelling and construct a new dwelling in compliance with proposed FEMA regulations.  The proposed structure will be nonconforming in that the road setback will be 29.2 feet where 40 feet is required and will also be located within the Conservancy District.  The proposed building coverage will be 3,330 square feet where 3,000 square feet is allowed, creating a new conformity.  The property is located in an R-40 Zoning District.  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 23, 2014.

Appeal No. 14-006: Peter Shock, 216 B Orleans Road, North Chatham, MA  02650, owner of property located at 216 B Orleans Road, North Chatham, MA  02650, also shown on the Town of Chatham’s Assessors’ Map 14H, Block 64, Lot 216B.  Petitioner seeks a Special Permit under Section III, D.i. of the Town of Chatham Protective Bylaw, to allow the placement of a 1 foot by 6 foot sign which is allowed in the less restrictive zoning district that bisects the property.  This sign is proposed to be located on an existing sign backer board located above the door to a commercial condominium unit in the courtyard area of Nickerson Corners, a mixed use commercial condominium complex located in both the SB and R40 Zoning Districts.  This particular unit is located in the R-40 Zoning District.  The proposed sign is allowed under Section 225-24, Regulations for small business zones, B of the Town of Chatham General Bylaw.  A Special Permit is required under Section III, D. District Area Regulations, 3. Specific Requirements, i. Lots in more than one district, of the Town of Chatham Protective Bylaw. 

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