Information for Meeting of Zoning Board of Appeals
Thursday February 14, 2019 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, February 14, 2019, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 18-102: Ross Dowd and Marnie Hrones, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owner of property located at 39 Eliphamets Lane, also shown on the Town of Chatham’s Assessors’ Map 16C Block 32 Lot 7C.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of an addition.  Also proposed is the removal of a 55 square foot shed.  The existing dwelling is nonconforming in that it is setback 13.4 feet from the northerly abutter where a 15 foot setback is required and 1.2 feet from the Coastal Conservancy District (Flood Plan ele. 11) where 50 foot setback is required.  The proposed addition will be nonconforming in that it will be located 9.7 feet from the Coastal Conservancy District.  The existing building coverage is 1,391 square feet (15.9%) and the proposed building coverage is 1,643 square feet (18.8%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 13,320 square feet with 8,729 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 and Section V.B. of the Chatham Protective Bylaw.   

Application No. 18-090: William and Betina Shakespeare, c/o Richard Roy, 123A Queen Anne Road, Harwich, MA 02645, owners of property located at 87 Mooncussers Lane, also shown on the Town of Chatham’s Assessors’ Map 11A Block 16A Lot F11.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of an addition.  The existing dwelling is nonconforming in that it is located 22 feet from the Coastal Conservancy District (Flood Plain ele. 11).  The proposed addition will be nonconforming in that it will be located 35 feet from the Coastal Conservancy District where a 50 foot setback is required.  The existing building coverage is 1,882 square feet (5.8%) and the proposed building coverage is 2,678 square feet (8.1%) where 10% is the maximum allowed.  The lot is nonconforming in that it contains 120 feet of frontage where 150 feet is required. The lot contains 62,582 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 Sections V.B of the Chatham Protective Bylaw.   Continued from December 6, 2018 and January 10, 2019. 

Application No. 19-001: Patricia B. Newman Revocable Trust, c/o Thomas A. Moore, PO Box 2124, Brewster, MA 02631, owner of property located at 30 Forest Beach Road Extension, also shown on the Town of Chatham’s Assessors’ Map 2B Block 91 Lot 47.  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 existing dwelling is nonconforming in that it is located 13.3 feet from the southerly abutter.  The proposed dwelling will comply with all bulk and dimensional requirements of the Bylaw.  The existing building coverage is 1,277 square feet (8.1%) and the proposed building coverage is 2,252 square feet (14.4%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 15,680 square feet where 20,000 square feet is required in the R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Section 6 Section V.B. of the Protective Bylaw.   
Application No. 19-002: The Stage Harbor Nominee Trust, c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA  02671, owner of property located at 21 Port Fortune Lane (Parcel A), also shown on the Town of Chatham’s Assessors’ Map 13A Block 10 Lot 18.  The Applicant proposes to locate an accessory use and structures (shanty and pier) to a single family dwelling on an unimproved lot.  Footnote 3, of Appendix I, Schedule of Use Regulations, of the Protective Bylaw, requires that accessory uses be located on the same lot as a principal use, except that the Zoning Board of Appeals may grant a Special Permit to locate such a use on an unimproved lot, provided that it is for private, non-commercial use and meets the criteria set forth in Section VIII.C.4 of the Protective Bylaw.  The property contains 20,400 square feet in an R40 Zoning District.  A Special Permit is required under M.G.L. Chapter 40A Sections 6 and 9 and Sections V.B. and VIII.D.2.b. of the Protective Bylaw.   

Application No. 19-003: Peter A. Smith and Linda Mahoney, c/o Michael D. Ford, Esq., PO Box 485, West Harwich, MA  02671, owner of property located at 38 Wilkey Way, also shown on the Town of Chatham’s Assessors’ Map 17D Block 17 Lot F5.  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 existing dwelling is nonconforming in that it is located 34.2 feet from the road where a 40 foot setback is required and 3 feet from the easterly abutter where a 25 foot setback is required.  The proposed dwelling will comply with all bulk and dimensional requirements of the Bylaw.  The existing building coverage is 1,802 square feet and the proposed building coverage is 2,792 square feet where 2,850 square feet is the maximum allowed.  The lot is nonconforming in that it contains 20,282 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 Section V.B. of the Protective Bylaw.   

Application No. 19-005: Richard and Marie Soffey, c/o David Burnie, Jr., 3 Wilma Way, Harwich, MA 02645, owner of property located at 17 Seaview Street, also shown on the Town of Chatham’s Assessors’ Map 15E Block 4 Lot 14.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a conforming lot via the installation of a new foundation and the construction of additions.  The existing dwelling is nonconforming in that it is located 6.7 feet from the westerly abutter and 15.2 feet from the road.  The proposed additions will be nonconforming in that they will be located 6.7 feet from the westerly abutter where a 15 foot setback is required and 5.4 feet from the road where a 25 foot setback is required.  The existing lot coverage is 3,203 square feet (22.6%) and the proposed lot coverage is 4,189 square feet (29.5%) where 90% is the maximum allowed.  The lot is conforming in that it contains 14,298 square feet on a split zoned lot within the GB1/R20 Zoning Districts.  A Special Permit is required under M.G.L. Chapter 40A Section 6 Section V.B. of the 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, 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