Information for Meeting of Zoning Board of Appeals
Thursday January 28, 2016 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, January 28, 2016, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 15-088: John and Mary Giorgio, owners of property located at 112 Cranberry Lane, also shown on the Town of Chatham’s Assessors’ Map 7C Block 21 Lot G25A.    The Applicants seek a Variance under Section VIII.D.2.c  to allow the continued use of an existing exterior mechanical appliance system (generator).  The owner’s contractor installed the exterior mechanical appliance system 7.5 feet from the southwesterly abutter’s setback where 15 feet is required.  The existing dwelling is conforming as to abutter’s setbacks but is located within the setback to the Conservancy District where 50 feet is required.  The lot is nonconforming in that it contains 11,391 square feet and 6,935 square feet of buildable upland where 20,000 square feet is required in the R-20 Zoning District.  A Variance is required under Section VIII.D.2.c of the Chatham Protective Bylaw.  

Application No. 15-091: Scot C. Kelley and Linda J. Kelley, c/o William G. Litchfield, Esq. 330 Orleans Rd, North Chatham, MA  02650, owners of property located at 20 Partridge Path and 0 Mallard Road, also shown on the Town of Chatham’s Assessors’ Map3I Block 12 Lot C4 and Map 3I Block 10 Lot C6.    The Applicants propose to change, alter or expand a nonconforming dwelling on a nonconforming lot via the construction of a 24 foot by 24 foot garage, a 34 foot by 24 foot addition, and an 8 foot by 20 foot deck on a new lot created by merging the subject lot with an adjacent lot.  The deck will meet setback requirements; the garage is proposed to have a road setback of 16.6 feet where 40 feet is required, extending an existing nonconformity.  The existing dwelling is nonconforming in that it has a setback from Partridge Path of 39.7 feet where 40 feet is required.  The lot on which the existing dwelling is located is nonconforming in that it contains 24,100 square feet where 60,000 square feet is required in an R-60 Zoning District.  The Applicants own an adjacent lot (0 Mallard Road), shown as Lot 4A on a plan recorded in Plan Book 320 Page 94, and will merge the two lots under an Approval Not Required plan, subject to approval of the Special Permit.  The resulting lot will contain 48,100 square feet and will thus be more conforming, and will eliminate a separately buildable lot.  The Applicants also seek a Variance under Section VIII.D.2.c. of the Bylaw to construct the addition referenced above  22.9 feet from Mallard Road  where 40 feet is required.  A Special Permit is required under M.G.L. Chapter 40A, Section 6, and Section V.B. of the Protective Bylaw, and a Variance is sought under Chapter 40A, Section 10, and Section VIII.D.2.c of the Protective Bylaw.  

Application No. 15-092: Joseph Jr. and Katherine A. Disabato, c/o Stephen Hart, Steven Hart Building Design Box 730, West Chatham, MA  02669, owners of property located at 5 Menekish Lane, also shown on the Town of Chatham’s Assessors’ Map16G Block 68 Lot M1.    The Applicants propose to change, alter or expand a nonconforming dwelling on a nonconforming lot via the construction of a 13 foot by 10 foot addition, an 18 foot 6 inch by 10 foot deck, and a second floor dormer.  The existing dwelling is nonconforming in that it has a road setback of 24 feet from Old Harbor Road where 30 feet is required on a secondary street.  The proposed addition will conform to all setback requirements.  The existing building coverage is 2,926 square feet (13.9%) and the proposed building coverage is 3,052 square feet (14.5%) where the maximum allowed is 15% but not to exceed 2,850 square feet.   The lot is nonconforming in that it contains 21,057 square feet where 40,000 square feet is required and lacks adequate frontage in an R-40 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. 15-094: Barbara Matteson, c/o William F. Riley, Esq., 156 Crowell Road, Box 707, Chatham, MA  02633, owner of property located at 16 Oyster Drive, also shown on the Town of Chatham’s Assessors’ Map 15A Block 9B Lot H15E.    The Applicant proposes to change, alter or expand a nonconforming dwelling on a nonconforming lot via the construction of a 218 square foot deck.  The existing dwelling is nonconforming in that it has an abutter’s setback of 10.4 feet where 25 feet is required and a road setback of 12.2 feet where 40 feet is required.  The proposed dwelling will have an abutter’s setback of 1.9 feet where 25 feet is required and a road setback of 1.8 feet where 40 feet is required.  The existing and proposed building coverage is nonconforming at 763 square feet (25.4%) where 15% is allowed.  The lot is nonconforming in that it contains 3,003 square feet where 40,000 square feet is required and contains “0” buildable upland where 20,000 square feet is required in an R-40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A, Section 6, and Section V.B. of the Protective Bylaw.  

Other Business:
Approval of minutes 
Discussion of proposed Conservancy and Flood Plain District and Route 28 Protective Bylaw Amendments  Rescheduled discussion for February 11, 2016.

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.

Robert Hessler
Chairman