Information for Meeting of Zoning Board of Appeals
Thursday February 11, 2016 4:00 PM EST

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
AMENDED AGENDA

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, February 11, 2016, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 15-059: Town of Chatham,  c/o Ted Keon, Director of Coastal Resources, 261 George Ryder Road, Chatham, MA  02633,  owner of property located at 0 Mistover Lane, also shown on the Town of Chatham’s Assessors’ Map 17C Block 0 Lot 47A.    The Applicant proposes to construct a new stair system to re-establish pedestrian access to the shore at the town landing located at the eastern end of Water Street and within the Conservancy District.  The project includes construction of a new 10 foot by 8 foot viewing platform and a new 8 foot by 6 foot viewing platform and stair system from Water Street down to the beach.  The first viewing platform will be handicapped accessible and afford vistas of the ocean, Chatham Harbor, and the outer beach while the stairs will provide pedestrian access to the beach and shoreline of Chatham Harbor.  The lower stair section is designed to be removable if beach conditions deteriorate due to future erosion.  The proposed stairway and platforms will be located within the Municipal Zoning District.  A Special Permit is required under Section IV of the Protective Bylaw. Continued from December 3, 2015, requested continuance to March 10, 2016.

Application No. 14-017: Dale Eldredge, 1486 Main Street, Chatham, MA  02633, owner of property located at 111 Stony Hill Road, Chatham, MA, also shown on the Town of Chatham’s Assessors’ Map 14H, Block 4, Lot 8. The Appellant seeks to extend the Special Permit No. 14-017 for one year.  The current expiration date is April 10, 2016, and the proposed expiration date is April 10, 2017.  Special Permit No. 14-017 allowed the Appellant to demolish the existing dwelling and construct a new dwelling which will comply with setback, coverage, and height requirements.  The existing dwelling was nonconforming in that it was 6.3 feet from the road where 50 feet is required.  The existing parking area was located on the street where a setback of 20 feet is required.  The lot is nonconforming in that it contains 9,315 square feet where 10,000 square feet is required and contains 75.16 feet of frontage where 100 feet is required.  The lot is located within the GB3 Zoning District.  An Extension of the Special Permit is required under Section V.B., of the Chatham Protective Bylaw.  

Application No. 16-003: Rai Brothers, Inc., c/o Hari and Dil Rai, lessee of the property located at 641 Main Street, also shown on the Town of Chatham’s Assessors’ Map 14E Block 2A Lot X29.  The Applicants seek an Appeals Permit under Section 225-19 of the Town of Chatham Sign Bylaw, to allow the placement of a second 16 inch by 48 inch sign on the rear of the building, where one wall sign per established business for each street frontage is allowed.  The sign is proposed to be located on the rear of the commercial building facing the parking lot, located in a GB1 Zoning District.  The proposed sign requires an Appeals Permit under Section 225-4 and Section 225-19 of the Chatham Sign Bylaw.    

Application No. 15-093: Jane Mcilvin, c/o Ken Murphy, PO Box 43, West Chatham, MA  02669, owner of property located at 70 Barn Hill Road, also shown on the Town of Chatham’s Assessors’ Map 9D Block 35 Lot 6.  The Applicant proposes to change, alter or expand a nonconforming dwelling on a nonconforming lot via the demolition of the existing guesthouse and construction of a new guesthouse.  The existing guesthouse is nonconforming in that it has a road setback of 17.7 feet where 25 feet is required.  The proposed guesthouse will conform to all setback requirements.  The existing building coverage is 1,797 square feet (3.4%) and the proposed building coverage is 2,090 square feet (3.9%) where the maximum allowed is 10%.   The lot is conforming in that it contains 53,297 square feet where 20,000 square feet is required but nonconforming with 70.47 feet of frontage where 100 feet is required in an R-20 Zoning District.  Two Special Permits are required under Section VII.B.12. and V.B. of the Chatham Protective Bylaw.  

Application No. 15-095: 76 Barcliff Avenue, LLC, c/o William F. Riley, Esq., 156 Crowell Road, Box 707, Chatham, MA  02633, owner of property located at 76 Barcliff Avenue, also shown on the Town of Chatham’s Assessors’ Map 15G Block 13 Lot 31.    The Applicant proposes to change, alter or expand nonconforming dwellings on a conforming lot via the demolition of two (2) existing dwellings and construction of two (2) dwellings.  The existing use is nonconforming in that two (2) dwellings on one lot is considered a preexisting nonconforming use as both dwellings were constructed prior to the adoption of the Chatham Protective Bylaw and are eligible to be changed, altered, or extended pursuant to Section V.B.  One of the existing dwellings is nonconforming as it has a road setback of 33.6 feet where 40 feet is required.  Both of the proposed dwellings will meet all dimensional setbacks.  The existing building coverage is 2,581 (5.9%) square feet and the proposed building coverage is 4,284 square feet (9.9%) where 10% is the maximum allowed.  The lot contains 43,180 square feet in the 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.  Requested continuance to February 25, 2016.

Application No. 16-001: Nicole Bernard Dawes and Peter M. Dawes, c/o Aaron Polhemus, Polhemus Savery DaSilva, 157 Chatham-Brewster Road, Harwich, MA  02645, owners of the property located at 149 Cross Street, also shown on the Town of Chatham’s Assessors’ Map 14C Block 12 Lot 39.  The Applicants seek to change, alter or extend a nonconforming dwelling on a nonconforming lot via the installation of two exterior mechanical system appliances (AC condensers) on the east side of the dwelling.  The Applicant is also proposing to install two exterior mechanical system appliances (pool equipment and a generator) with a southerly abutters setback of 25.4 feet where 25 feet is required.  The Applicant has the benefit of Special Permit No. 15-018 which allowed lifting of the original portion of the existing dwelling and placing on a new foundation, demolishing and constructing the rear portion of the existing dwelling, and constructing an addition.  The existing dwelling is nonconforming in that it has a road setback of 37.9 feet where 40 feet is required and the easterly abutter’s setback is 10.7 feet where 25 feet is required.  The proposed dwelling will conform to the road setback and will have an easterly setback of 10.7 feet but the proposed exterior mechanical system appliances will have an easterly abutter’s setback of 10 feet where 25 feet is required.  The existing building coverage is 1,145 square feet (7.03%) and the proposed building coverage is 2,229 square feet (13.68%) where 15% is allowed.  The lot is nonconforming in that the lot contains 16,269 square feet where 40,000 square feet is required and the lot frontage is 65.14 feet where 150 feet is required.  The lot is located within the R40 zoning district.  A Special Permit is required under Section V.B. of the Chatham Protective Bylaw.  

Other Business:
Approval of minutes  
Discussion of proposed Conservancy and Flood Plain District and Route 28 Protective Bylaw Amendments

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 B. Hessler
Chairman