Information for Meeting of Zoning Board of Appeals
Thursday December 20, 2018 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 20, 2018, starting at 3:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 18-068 41 Seaview Terrace Real Estate Trust, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 41 Seaview Terrace, also shown on the Town of Chatham’s Assessors’ Map 15E Block 67 Lot B1.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the conversion of the existing garage into a family occupied one (1) bedroom guest unit.  The Applicant is seeking a waiver as allowed under Section VII.B.12.d. of the additional land area requirement for a one (1) bedroom guest unit. The existing dwelling is nonconforming in that it has a northerly abutters setback of 11.9 feet where 15 feet is required.  The building coverage will remain nonconforming at 1,275 square feet (20.4%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 6,249 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 9 and Section VIII.D.2.b. of the Chatham Protective Bylaw.  Continued from September 13, 2018 and October 25, 2018.  The Applicant has requested a continuance to January 24, 2019.

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.  Continued from December 6, 2018.  The Applicant has requested a continuance to January 24, 2019.

Application No. 18-096: AF LLC, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of the property located at 157 Stony Hill Road, also shown on the Town of Chatham’s Assessors’ Map 14H Block 13 Lot E2.  The Applicant seeks to modify Special Permit No. 17-057 granted on July 20, 2017, which allowed for the construction of a new commercial structure and two 1-bedroom apartments incidental to the commercial use.  Due to an error in the site plan, the applicant now seeks to have the new structure located 29.8 feet from Enterprise Drive where 30 feet is required.  The existing structure was nonconforming in that it was located 29.7 feet from Enterprise Drive.  All other aspects of the previous approval will the same. The lot contains 20,944 square feet in a GB3 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 14 and VIII.D.2.b. of the Protective Bylaw.   

Application No. 18-093: Ocinneide Properties 2 LLC, c/o Andrew L. Singer, Esq., PO Box 67, Dennis Port, MA  02639, owner of property located at 356 Stage Harbor Road, also shown on the Town of Chatham’s Assessors’ Map 14C Block 45 Lot 42A.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and the construction of a new dwelling.  The existing dwelling is nonconforming in that it is located 13.7 feet from the road and 21.8 feet from the northwesterly abutter.  The proposed dwelling will be nonconforming in that it will be located 15 feet from the road where a 40 foot setback is required.  The existing building coverage is 1,924 square feet (10.1%) and the proposed building coverage is 2,741 square feet (14.4%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 19,053 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. 18-060: 782 Main Chatham LLC, c/o Benjamin Zehnder, Esq., PO Box 2300, Orleans, MA 02653, owners of property located at 784 Main Street, also shown on the Town of Chatham’s Assessors’ Map 14E Block 36 Lot 55.  The Applicant seeks to enlarge, extend, or change a nonconforming structure and use on a nonconforming lot via the demolition of the existing structure containing four (4) apartments incidental to a commercial use and the construction of a new structure containing three (3) apartments incidental to a commercial use.  Also proposed is the construction of a three car garage.  The existing mixed use structure located at 782 Main Street will remain unchanged.  The existing structure is nonconforming in that it is setback 8.9 feet from the westerly abutter and 14.7 feet from the easterly abutter. The proposed structure will be nonconforming in that it will be 12.1 feet from the westerly abutter where 15 feet is required.  The existing lot coverage is 10,971 square feet (60%) and the proposed lot coverage is 12,729 square feet (69.6%) where 70% is the maximum allowed.  The parking is and will remain nonconforming within the westerly abutters setback at 7.5 feet and within the easterly abutters setback at 5.3 feet where 10 feet is required. The lot is nonconforming in that it contains 18,282 square feet where 50,000 square feet is required for the existing uses in the GB2 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 & 9 and Sections V.B. & VIII.D.2.b. of the Protective Bylaw.  Under Application No. 18-061, the Applicant seeks a Dimensional Variance from the required 15 foot abutters setback, the floor area requirement that 51% be utilized as commercial space and the land area requirement for three (3) apartments incidental to a commercial use to allow for the construction of the of the new structures as described above.  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 August 9, 2018 August 23, 2018, September 27, 2018 and November 1, 2018.

Other Business:
1.	Discussion and vote on proposed revisions to the Zoning Board of Appeals Rules & Regulations, specifically Section II.A. and Section V.E., as well as updates changing dates and references to Appendices to have consistency throughout the Rules and Regulations.    
2.	Approval of minutes 
3.	Election of Officers
4.	Public Comments 

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