Information for Meeting of Zoning Board of Appeals
Thursday May 08, 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, May 8, 2014, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following appeals:

Appeal No. 14-026:  1543 Main Street, LLC, c/o Jennifer Pappalardo, 53 Wonkapit Way, Chatham, MA  02633, owner of property located at 1532 Main Street, also shown on Assessors Map 9E, Block 7, Lot 6A.  The Appellant is requesting the grant of a Permit by the Sign Code Appeals Committee to install a 24 inch by 60 inch (10 square foot) ladder sign. Section 225-24 C. Regulations for Small Business Zones of the Chatham Sign Code, states that properties containing multiple commercial uses may erect one single- or double-faced sign per property, advertising the allowed commercial uses, which shall not exceed 8 square feet per sign face nor a height of six feet from natural grade.  The existing sign is approximately 10 feet in height.  The property contains 18,468 square feet, consists of a mix of commercial and residential uses, and is located within the SB Zoning District. A Permit is required under Section 225-19, Appeal Permits, of the Chatham Sign Code.    

Appeal No. 14-027: Asa E. Phillips III, Trustee, 5 Charles River Court, Wellesley, MA  02482, c/o William F. Riley, Esq., 154 Crowell Road, Box 707, Chatham, MA 02633, owner of property located at 38 Briggs Way, Chatham, MA, also shown on the Town of Chatham’s Assessors’ Map 17D, Block 5, Lot B1. The appellant proposes to change, alter, or expand a nonconforming structure on a nonconforming lot via the demolition of the existing 4 bedroom dwelling and constructing a new 6 bedroom dwelling on a lot which contains 43, 558 square feet of buildable upland.  The proposed dwelling will contain 8,543 gross floor area.  Also proposed are a garage/shed, driveway, retaining walls, pool, and spa.  The existing dwelling is nonconforming in that it is 34.8 feet high where 30 feet is allowed and the dwelling has a 15.6 southerly abutter setback where 25 feet is allowed.  The proposed dwelling will also be 34.8 feet in height where 30 feet is allowed and will be 15.9 feet from the southerly abutters setback where 25 feet is required.  The lot is nonconforming as it does not meet the circle with a diameter of 150 feet as required under Section II, D.3.2. Lot Shape.  The lot is in the R40 Zoning District.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw.

Appeal No. 14-028: Eastward MBT, LLC, Trustee of Eastward Companies Business Trust, 155 Crowell Road, Chatham, MA  02633, c/o William F. Riley, Esq., 154 Crowell Road, Chatham, MA  02633, owner of property located at 82 Wentworth Lane, Chatham, also shown on the Town of Chatham’s Assessors’ Map 14K, Block 2, Lot R44. The appellant is seeking to amend Special Permit No. 09-070 and Special Permit No. 11-071 to allow a different house design and location on the lot than was previously approved.  The proposed dwelling is nonconforming as it is 24.9 feet from the northerly abutter lot line where 25 feet is required.  The lot is nonconforming as it contains 20,186 square feet where 40,000 square feet is required.  The proposed dwelling contains 3,207 square feet of living area, and has 1,873 square feet of building coverage.  Previously approved dwelling was 1,168 building coverage and 2,365 square feet of living area including garage.  The property is within the R40 Zoning District.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw.

Appeal No. 14-029: Paul Julien, Trustee, 39 Sheridan Road, Wellesley, MA  02481, c/o William F. Riley, Esq., 154 Crowell Road, Box 707, Chatham, MA 02633, owner of property located at 138 Mooncussers Lane, Chatham, MA, also shown on the Town of Chatham’s Assessors’ Map 10A, Block 3, Lot H1.  The appellant proposes to change, alter, or expand a nonconforming structure via the demolition of the existing nonconforming dwelling, garage and tennis court, and construction of a new dwelling, garage and out-building.  The existing dwelling, pool and garage are 20 feet from the Coastal Conservancy District where 50 feet is required.  The proposed dwelling and garage will be 30 feet from the Coastal Conservancy District where 50 feet is required.  The existing tennis court is 45 feet from the Coastal Conservancy District where 50 feet is required.  The proposed out-building will meet setback requirements.  The existing building coverage is 2,883 square feet (5.4%) where 10% is allowed.  The proposed building coverage is 5,621 square feet (10%) where 10% is allowed.  The proposed dwelling is setback from the road 25.3 feet where 40 feet is required.  The existing lot is 103,500 square feet where 40,000 square feet is required.  The lot is in the R40 Zoning District.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw.

Appeal No. 14-035:  Town of Chatham, c/o Terry Whalen, 549 Main Street, Chatham, MA  02633, owner of property located at 831-847 Orleans Road,  the Marconi RCA National Register District, also shown on Assessors Map 11J, Block 2, Lot 7.  The Appellant is requesting the grant of a Permit by the Sign Code Appeals Committee to install a 9 foot by 6 foot ground sign. Section 225-5 of the Chatham Sign Bylaw, states that one single or double faced sign per dwelling unit which may be erected from the ground or suspended from a post, or attached to the building face, not to exceed two square feet per sign face.  Section 225-6. Public Information Signs states that public information signs, including service club, religious, public building, charitable or civic organizations or hospital signs, shall not exceed six square feet per sign face area. Section 225-20 Exceptions states that signs erected by the municipal, county or federal government as may be deemed necessary for their respective functions are exempt from the provisions of this bylaw but are expected to conform to the intent of this bylaw.  The property contains 12.99 acres and is located within the R60 Zoning District. A Permit is required under Section 225-19, Appeal Permits, of the Chatham Sign Code.    

Appeal No. 14-014: Diane Chapman, 12 Monmouth Ct., Brookline, MA  02446, c/o William F. Riley, Esq., 154 Crowell Road, Box 707, Chatham, MA 02633, owner of property located at 81 Holway Street, Chatham, MA, also shown on the Town of Chatham’s Assessors’ Map 17C, Block 27, Lot 28. The appellant proposes to change, alter, or expand a nonconforming structure on a nonconforming lot located within the Coastal Conservancy District via the construction of steps that will be 23.4 feet from the Coastal Conservancy District where 50 feet is required and constructing steps that will be 7.3 feet from the northerly abutter’s setback where 15 feet is required.  Also proposed are a small second floor cantilever and a second floor deck on the water side.  The Appellant is proposing to enclose the existing deck and construct an enclosed front entrance.  Also proposed are exterior mechanical appliance system 10.6 feet from the northerly abutter’s setback where 15 feet is required.  The proposed building coverage will be 21.9% where 15% is allowed.  The existing building coverage is 1210 square feet (19.5%) where 15% is allowed.  The existing deck is 16.5 feet setback from the road where 25 feet is required and the proposed front entrance is 10.9 feet from the road where 25 feet is required.  The existing dwelling is nonconforming on the north side as it is 9.5 feet from the abutter’s setback where 15 feet is required and on the south side the abutter’s setback is 14.2 feet where 15 feet is required; and further, the dwelling is 16.5 feet from the road setback where 25 feet is required. The existing lot is nonconforming as it contains 9,400 square feet where 20,000 square feet is required.  The lot is in the R20 Zoning District.  A Special Permit is required under Section V.B., Nonconforming Lots, Buildings and Uses, Enlargement, Extension or Change of the Protective Bylaw.

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