| Agenda: | TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE
The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, July 22, 2021, starting at 2:30 PM, in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications and is being conducted in person and via remote for public participation:
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Call in Number: 1-508-945-4410
Conference ID: 184 500 283#
Executive Session - MGL Ch. 30A, §21 #3 – To discuss strategy with respect to litigation (Barsamian; 75 Holway Street) and the Chair declares that an open meeting may have a detrimental effect on the litigating.
Application No. 19-008: Joan Anne Barsamian, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 75 Holway Street, also shown on the Town of Chatham’s Assessors’ Map 17C Block 26 Lot 22. On Remand from the Land Court, the Applicant seeks the grant of a Special Permit for the construction of an addition and deck. On February 28, 2019, the Applicant was denied Special Permit No. 19-008. The existing dwelling is nonconforming in that it is located 49.5 feet from the Coastal Conservancy District. The proposed addition will comply with all setback requirements of the Bylaw. The proposed deck will be nonconforming in that it will be located 45.4 feet from the Coastal Conservancy District where a 50 foot setback is required. The existing building coverage is 1,117 square feet (10.6%) and the proposed building coverage is 1,172 square feet (11.1%) where 15% is the maximum allowed. The lot is nonconforming in that it contains 10,551 square feet of buildable upland where 20,000 square feet is required in the R20 Zoning District. A Special Permit is required under M.G.L. Chapter 40A Section 6 Section V.B. of the Protective Bylaw.
Application No. 21-040: Jonathan and Alicia Downs, c/o Stephanie Sequin, PO Box 439, South Orleans, MA 02662, owners of property located at 41 Locust Lane, also shown on the Town of Chatham’s Assessors’ Map 15F Block 45 Lot 53. The Applicant was denied a Dimensional Variance on June 10, 2021 for a proposed elevated catwalk. The Applicant has requested that the Board reconsider the vote allowing the Applicant to withdraw without prejudice. A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw.
Application No. 21-030: Devin and Kathy Cooper, owners of property located at 430 Riverview Drive also shown on the Town of Chatham’s Assessors’ Map 7J Block 29 Lot C112. The Applicant seeks a Dimensional Variance under Section VIII.D.2.c. from the requirements of Appendix II, to allow for the construction of an addition within the northerly abutter setback and allow for building coverage in excess of the maximum allowed. The proposed addition will be located 18.4 feet from the northerly abutter where a 25 foot setback is required. The proposed building coverage is 3,028 square feet where 2,950 square feet is the maximum allowed. A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw. Continued from May 13, 2021.
Application No. 21-050: David and Leigh Hovey, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 47 Eldredge Square, also shown on the Town of Chatham’s Assessors’ Map 14F Block 39 Lot 41. The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing garage and the construction of a new garage and additions. Also proposed is the installation of an additional exterior mechanical system appliance (A/C condenser) 13.6 feet from the northerly abutter. The existing dwelling (garage) is nonconforming in that it is located 14.8 feet from the southerly abutter. The proposed garage be nonconforming in that it will be located 14.6 feet from the southerly abutter and the proposed exterior mechanical system appliance will be nonconforming in that it will be located 13.6 feet from the northerly abutter where a 15 foot setback is required. The existing building coverage is 1,545 square feet (11.8%) and the proposed building coverage is 1,930 square feet (14.8%) where 15% is the maximum allowed. The lot is nonconforming in that it contains 13,053 square feet where 20,000 square feet is required in the 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. 21-051: Michael and Janet Dyer, c/o Theodore Streibert, 15 Linden Tree Lane, Chatham, MA 02633, owners of property located at 103 Stony Hill Road, also shown on the Town of Chatham’s Assessors’ Map 14H Block 9 Lot 7. The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a conforming lot via the construction of additions. The existing dwelling is nonconforming in that it is located 22.7 feet from the road. The proposed addition will be nonconforming in that it will be located 24.2 feet from the road where a 50 foot setback is required. The existing lot coverage is 2,300 square feet (18.1%) and the proposed lot coverage is 2,650 square feet (20.9%) where 60% is the maximum allowed. The lot contains 12,683 square feet where 10,000 square feet is required in the GB3 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. 21-052: Donald and Lillian Chalker, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 30 Kent Place, also shown on the Town of Chatham’s Assessors’ Map 15D Block 93 Lot 70. The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of existing decks and the construction of a new porch and deck. The existing dwelling is nonconforming in that it is located 9.6 feet from the easterly abutter and 7.2 feet from the westerly abutter. The proposed porch will be nonconforming in that it will be located 11.4 feet from the easterly abutter and the proposed deck will be nonconforming in that it will be located 7.2 feet from the westerly abutter where a 15 foot setback is required. The existing building coverage is 1,767 square feet (19.8%) and the proposed building coverage is 1,948 square feet (21.8%) where 15% is the maximum allowed. The lot is nonconforming in that it contains 8,942 square feet where 20,000 square feet is required in the 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. 21-057: David Grant Kaiser and John David Furnish, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 48 Library Lane, also shown on the Town of Chatham’s Assessors’ Map 15D Block 23 Lot B9. The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the partial demolition of the existing dwelling and the construction of additions. Also proposed is the construction of a new garage/ carriage house. The existing dwelling is nonconforming in that it is located 21.8 feet from the road where a 25 foot setback is required. The proposed additions and garage/carriage house will comply with all bulk and dimensional requirements of the Bylaw but are 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 1,800 square feet (10.7%) and the proposed building coverage is 2,511 square feet (14.99%) where 15% is the maximum allowed. The lot is nonconforming in that it contains 16,752 square feet where 20,000 square feet is required in the 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. 21-053: Laura B. Fromer Trust c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owner of property located at 22 Diane Drive, also shown on the Town of Chatham’s Assessors’ Map 6C Block 60 Lot G118. The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of second floor additions. The existing dwelling is nonconforming in that it is located partially within the Coastal Conservancy District (floodplain ele. 11). The proposed second floor additions will be located within the 50 foot setback to the Coastal Conservancy District. The building coverage will remain nonconforming at 1,761 square feet (47.8%) where 15% is the maximum allowed. The lot is nonconforming in that it contains 3,685 square feet of buildable upland and contains 10,032 square feet where 20,000 square feet is required in the 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. 21-054: Katherine and James Caruso, c/o Thadd Eldredge, 1038 Main Street, Chatham, MA 02633, owners of property located at 8 Scallop Terrace, also shown on the Town of Chatham’s Assessors’ Map 16A Block 23B Lot H14G. The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and construction of a new dwelling. The dwelling is and will remain nonconforming as it is located entirely within the Coastal Conservancy District (Flood Plain ele. 13) where a 50 foot setback is required. The existing dwelling is nonconforming in that it is located 6.2 feet from Scallop Terrace, 18.3 feet from the northerly abutter, 13.1 feet from the southerly abutter, and 5.4 feet from the easterly abutter. The proposed dwelling will be nonconforming in that it will be located 8.5 feet from Scallop Terrace where a 40 foot setback is required, 14.3 feet from the northerly abutter, 5 feet from the southerly abutter, and 4.5 feet from the easterly abutter where a 25 foot setback is required. The existing building coverage is 695 square feet and the proposed building coverage is 830 square feet where 2,800 square feet is the maximum allowed. The lot is nonconforming in that it contains 0 square feet of buildable upland where 20,000 square feet is required and contains 3,232 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 Section V.B. of the Protective Bylaw.
Application No. 21-055: PNG LLC, c/o John Hesse and Jennifer Allard, PO Box 415, East Orleans, MA 02643, lessee of the property located at 214C Orleans Road, also shown on the Town of Chatham’s Assessors’ Map 14H Block 64 Lot X214C. The Applicants seek an Appeals Permit under Section 225-19 of the Town of Chatham Sign Bylaw, to allow the placement of a 24 inch by 92 inch (15.3 square foot) wall sign. The lot contains 2.1 acres in the SB and R40 Zoning Districts. The proposed sign requires an Appeals Permit under Section 225-19 of the Chatham Sign Bylaw.
Application No. 21-058: Hilary Foulkes, c/o Mark Zibrat, 63 Crowell Road, Chatham MA 02633, owner of property located at 16 Flakeyard Way also shown on the Town of Chatham’s Assessors’ Map 2A Block 45 Lot 60. The Applicant seeks a Dimensional Variance under Section VIII.D.2.c. from the requirements of Appendix II, to allow for placement of an exterior mechanical system appliance (Heat pump/Compressor). The proposed appliance will be located 5 feet from the easterly abutter where a 15 foot setback is required. A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw.
Application No. 21-059: Molly Logan, c/o William F. Riley, Esq., PO Box 707, Chatham MA 02633, owner of property located at 915 Old Queen Anne Road, also shown on the Town of Chatham’s Assessors’ Map 7H Block 51 Lot T4. The Applicant seeks to construct at grade steps a storage box and boat rack as allowed by Special Permit under Section IV.A.3.a. of the Protective Bylaw. The lot contains 85,000 square feet in the R60 Zoning District. A Special Permit is required under M.G.L Chapter 40A Section 9 and Section VIII.D.2.b. of the Chatham Protective Bylaw.
Other Business:
Approval of Minutes
Public Comments
Plans, site plans, and all other documents related to these Applications are on file with the Department of Community Development and may be viewed as attachments below on the town website or at the Town Hall Annex, located at 261 George Ryder Road and may be viewed Monday through Thursday, 7:00 a.m. to 4:00 p.m.; Friday, 8:00 a.m. to 12:00 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 |