Information for Meeting of Zoning Board of Appeals
Thursday December 03, 2015 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, December 3, 2015, starting at 4:00 PM in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications:

Application No. 15-077: Karl and Diane Metz, c/o Richard J. Roy, 123A Queen Anne Road, Harwich, MA  02645, owners of property located at 175 Meadow View Road, also shown on the Town of Chatham’s Assessors’ Map 10D Block 35 Lot S2.    The Applicants propose to change, alter, and expand a nonconforming dwelling on a lot via the construction of additions, expansion of a deck, and a garage.  The existing dwelling (deck) is nonconforming in that it is setback from the Inland Conservancy District 22 feet where 25 feet is required.  The proposed deck is also nonconforming in that it is setback from the Inland Conservancy District 20 feet where 25 feet is required.  The existing building coverage is 2,111 square feet (10.5%) and the proposed building coverage is 2,565 square feet (12.8%) where the maximum allowed is 15%.   The lot contains 21,790 square feet and 20,100 square feet of buildable upland where 20,000 square feet is required in an R-20 Zoning District.  A Special Permit is required under Section V.B. of the Chatham Protective Bylaw.  

Application No. 15-078: Levi’s Path LLC, c/o Susan Ladue, Eastward Companies, 155 Crowell Road, Chatham, MA  02633, owner of property located at 68 Levi’s Path (Lot 8), also shown on the Town of Chatham’s Assessors’ Map 2D Block 5H Lot 8.    The Applicants propose to amend Comprehensive Permit No. 12-032 granted June 7, 2012.  Comprehensive Permit No. 12-032 allowed the construction of eight (8) detached single family dwellings on individual lots.  Condition No. 3 of the Comprehensive Permit states, “Each home will have a one-car garage and no more than two (2) bedrooms; four will be one-story cottages (1,480 square feet) and four will be two-story cottages (1,567 square feet)”.  The Applicant would like to amend the Comprehensive Permit to allow the construction of five (5) two story cottages and three (3) one-story cottages.   The lot contains 10,808 square feet where 60,000 square feet is required in an R-60 Zoning District.  A Comprehensive Permit is required under M.G.L. Chapter 40B and Section V.B. of the Chatham Protective Bylaw.

Application No. 15-079: Timothy Jayasundera and Catherine Ann Parker, c/o William G. Litchfield, Esq. 330 Orleans Rd, North Chatham, MA  02650, owners of property located at 300 Hardings Beach Road, also shown on the Town of Chatham’s Assessors’ Map 8B Block 30 Lot T10.    The Applicants propose to change, alter or expand the existing dwelling on a nonconforming lot via the construction of a 10 foot 5 inch by 12 foot breezeway and a 16 foot by 24 foot garage, both with second floor above.  The existing dwelling conforms to all dimensional setbacks, as will the proposed additions.  The existing building coverage is 967 square feet (6.8%), the proposed building coverage is 1,477 square feet (10.4%) where 15% is the maximum allowed.  The lot contains a nonconforming shed, to be removed, but because the proposal is considered a substantial alteration to a dwelling on a nonconforming lot, a Special Permit is required.  The lot is nonconforming in that it contains 14,226 square feet where 20,000 square feet is required in an R-20 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. 15-080: William A. and Maryellen R. Irvine, c/o William F. Riley, Esq. 156 Crowell Road, Box 707, Chatham, MA  02633, owners of property located at 364 Bridge Street, also shown on the Town of Chatham’s Assessors’ Map 16B Block 8 Lot 12.    The Applicants propose to change, alter or expand the existing nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and the construction of a new dwelling.  The existing dwelling is nonconforming in that it has a road setback of 5.6 feet where 40 feet is required, the easterly abutters setback is 18.9 feet and the westerly abutters setback is 18.8 feet where 25 feet is required.  The proposed dwelling will be nonconforming with a road setback of 5.6 feet where 40 feet is required, an easterly abutter’s setback of 21.5 feet and a westerly abutter’s setback of 22.1 feet where 25 feet is required.  The existing dwelling is nonconforming in that it has a 44 foot setback from the Conservancy District and the proposed dwelling will also be nonconforming in that it will have a 35 foot setback from the Conservancy District where 50 feet is required.  The existing building coverage is 1,226 square feet (13.3%) and the proposed building coverage is 1,378 square feet (15%) where 15% is the maximum allowed.   The lot is nonconforming in that it contains 9,190 square feet where 40,000 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 Chatham Protective Bylaw.

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 September 24, 2015. Requested continuance to February 11, 2016.

Application No. 15-061: Jonathan and Joanna Varholak, c/o William F. Riley, Esq., 154 Crowell Road, Box 707, Chatham, MA  02633,  owner of property located at 152 Old Wharf Road, also shown on the Town of Chatham’s Assessors’ Map 16J Block 3 Lot 13.    The Applicant proposes to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of the existing dwelling and the construction of a new dwelling. The proposed dwelling will comply with the dimensional requirements of the by law in all respects. The existing dwelling is nonconforming in that it has a northerly abutter’s setback of 23.6 feet where 25 feet is required and a road setback of 29.5 feet where 40 feet is required.  The proposed dwelling will meet the abutter’s setback of 25 feet and will comply with the road setback of 40 feet.  The existing dwelling is also nonconforming in that it is 3.8 feet above the maximum height allowed of 30 feet but the proposed dwelling will comply with the maximum height allowed of 30 feet.  The existing building coverage is 2,067 square feet (5.7%) of the buildable upland and the proposed building coverage is 3,157 square feet (8.7%) where 10% is the maximum allowed.  The lot is nonconforming in that it contains 36,590 square feet where 40,000 square feet is required and contains 36,435 of buildable upland where 20,000 square feet is required in the R-40 Zoning District.   A Special Permit is required Section V.B. of the Chatham Protective Bylaw.  Continued from October 8, 2015 for re-advertising.

Other Business:
Approval of minutes 
Discussion of potential revisions to the Zoning Board of Appeals Rules & Regulations 

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