Information for Meeting of Zoning Board of Appeals
Thursday July 24, 2014 4:00 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, July 24, 2014, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following appeals:

Appeal No. 14-046: John J. and Arlene M. Harrington , c/o William G. Litchfield, Esq., 330 Orleans Road,  Chatham, MA  02650, owners of property located at 107 Old Harbor Road, also shown on the Town of Chatham’s Assessors’ Map 14E, Block 73, Lot 69A. The appellants propose to alter, change or expand a nonconforming dwelling on a nonconforming lot via the construction of a garage 5 feet from the westerly abutter’s lot line where 20 feet is required, and 25.6 feet from the road where 50 feet is required, thereby creating a new nonconformity.  The Appellants also propose to construct a porch of 54 square feet onto the existing dwelling, 14.4 feet from the abutter’s setback where 20 feet is required and 45.6 feet from the road setback where 50 feet is required, thereby creating a new nonconformity.  The existing dwelling is nonconforming in that it is located 12.7 feet from the northerly abutter’s lot line and 15.7 feet from the southerly abutter’s lot line where 20 feet is required, and an existing shed is located on the southerly abutter’s lot line where 20 feet is required and 32.52 feet from the road where 50 feet is required.  The lot is nonconforming in that it has 66.54 feet of frontage on Old Harbor Road and 39 feet of frontage on Depot Road where 125 feet is required, and contains 13,960 square feet where 20,000 square feet is required.  The Zoning District is Small Business (SB).  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw.

Appeal No. 14-047: Leslie and John Gillis, c/o Thomas A. Moore, PO Box 2124, 949 Long Pond Road, Brewster, MA  02631, owners of property located at 43 Cod Lane, also shown on the Town of Chatham’s Assessors’ Map 14G, Block 63, Lot B99. The appellants propose to alter, change or expand a nonconforming dwelling on a nonconforming lot via the construction of additions that include a family room, a sunroom, a laundry/closet and a new front portico.  The existing dwelling is 30.9 feet from the road setback where 40 feet is required, and 22 feet from the abutters setback where 25 feet is required.  The proposed dwelling will be 27 feet from the road setback where 40 feet is required, and 18 feet from the southerly abutters setback and 17 feet from the northerly abutters setback where 25 feet is required.  The existing dwelling is 1,693 square feet (9.9%) and the proposed structure is 2,158 square feet (14.7%) where 2,800 square feet (15%) is the maximum.   The lot is nonconforming in that it has approximately 93 feet of frontage where 100 feet is required and the lot has 10,880 square feet where 40,000 is required.  The Zoning District is R-40.  Appellants have been granted a Special Permit (No. 00-33) to expand a nonconforming dwelling on a nonconforming lot.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw.

Appeal No. 14-048: Gregory M. Stokes and Kathleen A. Doolittle, c/o William G. Litchfield, 330 Orleans Road, Chatham, MA  02650, owners of property located at 61 Ridgevale Road South, also shown on the Town of Chatham’s Assessors’ Map 7B, Block 1, Lot G52. The appellants propose to modify Special Permit No. 02-105, which authorized the demolition of an existing nonconforming dwelling and the construction of a new dwelling on a nonconforming lot.  The lot contains 20,544 square feet with 7,938 square feet of buildable upland where 20,000 square feet is required.  The proposed dwelling was authorized to be located 15 feet from the easterly abutter’s setback but is in fact 5.1 feet from the abutter’s setback.   The modification sought is to establish 5.1 feet from the easterly abutter’s setback when 15 feet is required.  In addition, the lot actually contains 19,068 square feet where 20,000 square feet is required, and 6,800 square feet of buildable upland where 20,000 square feet is required.  As such, total lot coverage totals 17.1% where 15% is allowed, a further modification.  The Special Permit authorized the construction of the proposed dwelling to be 10 feet from the Coastal Conservancy District where 50 feet is required, and no change is sought for that provision.   In the alternative, the Appellants seek a Special Permit under Section V.B. of the Protective Bylaw for an after-the-fact change, alteration, or addition to a preexisting nonconforming two family dwelling by the demolition of the existing structure and the construction of a new dwelling 10 feet from the Coastal Conservancy District where 50 feet is required and 5.1 feet from the easterly abutters setback where 15 feet is required.  The dwelling sought to be replaced was nonconforming in that it extended over the easterly abutters setback where 15 feet is required, and was 34 feet from the Coastal Conservancy District where 50 feet is required, and contained two separate dwelling units where there is insufficient buildable upland for one dwelling.  The new dwelling covers 17.1% of buildable upland where 15% is allowed, and complies with road setbacks.   The Zoning District is R-20.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw.

Appeal No. 14-049: Carolyn Wheeler, c/o Michael D. Ford, Esq., 78 Main Street, PO Box 485, West Harwich, MA  02671, owners of property located at 55 Holway Street, also shown on the Town of Chatham’s Assessors’ Map 17C, Block 24, Lot 52. The appellants seek to change, alter, or extend a nonconforming structure via reconstruction and enclosing portions of the existing dwelling and to relocate the shed.  The lot consists of 16,093 square feet where 20,000 square feet is required.  The lot is nonconforming with 81.48 square feet of frontage where 100 feet is required.  The existing building coverage is 1,323 square feet (17.2%) and the proposed building coverage will be 2,261 square feet (21.7%) where 15% is allowed.  The entire lot is located within the Inland Conservancy District; therefore there is no buildable upland as defined in the Protective Bylaw.  The existing dwelling is nonconforming as it has 13.3 feet road setback where 25 feet is required and 10.1 feet abutters’ setback where 15 feet is required. The proposed dwelling will be 13.5 feet road setback where 25 feet is required and 10.3 feet abutters’ setback where 15 feet is required.  The relocated shed will be 10.3 feet from abutter’s setback where 15 feet is required.   The existing dwelling is 19.4 feet in height and the proposed dwelling will be 22.2 feet in height, where 20 feet in height is allowed in the Inland Conservancy District, thereby creating a new nonconformity.  The existing dwelling is setback from the Inland Conservancy District 17.8 feet where 25 feet is required and the proposed dwelling is 15 feet from the Inland Conservancy District where 25 feet is required.  The proposed shed will be located entirely within the Inland Conservancy District.  The Zoning District is R-20.  A Special Permit is required under Section V.B., and IV.A.3. of the Chatham Protective Bylaw.  In the alternative, the Appellant requests a Variance under Section VIII.D.2.c. of the Chatham protective Bylaw and G.L. C. 40A, Section 10.  

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.

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 S. Nixon
Chairman