Information for Meeting of Zoning Board of Appeals
Thursday November 30, 2023 3:00 PM EST

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, November 30, 2023, starting at 3:00 PM, in the Town Annex Large Meeting Room, 261 George Ryder Road, on the following applications and is being conducted in person and with remote participation via Microsoft Teams:

For remote participation click the link below:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzAyYzQ2OTktZTc1ZS00MWExLTg1ZDktNWIzZWJlNmE5ZmFk%40thread.v2/0?context=%7b%22Tid%22%3a%224f417a68-a412-4139-a47c-97515be2b99f%22%2c%22Oid%22%3a%229de26673-8d92-4405-bce0-1a7718dfd6ef%22%7d

Call in Number: 1-508-945-4410
Conference ID: 803 849 222#

Approval of Minutes  
Meeting held October 19, 2023
Meeting held October 26, 2023

Application No. 22-093: 782 Main Chatham LLC, c/o Benjamin E. Zehnder, Esq., 62 Route 6A, Suite B, Orleans, MA 02653, owner of property located at 782-784 Main Street, also shown on the Town of Chatham’s Assessors’ Map 14E Block 36 Lot 55.  On Remand from the Land Court, the Applicant seeks approval of Variance No. 22-093 denied by the Board on October 20, 2022, which sought relief from the required buildable upland area for apartments incidental to a commercial use.  The proposal will create four (4) apartments on the subject property where currently (3) three apartments are legally protected.  The property contains 18,282 square feet in a GB2 Zoning District.  A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw.  

Application No. 23-099: 45 Meadow View LLC, c/o James M. Norcross, Esq., PO Box 707, Chatham, MA 02633, owners of property located at 45 Meadow View Road South, also shown on the Town of Chatham’s Assessors’ Map 10D Block 21 Lot S9.  The Applicant seeks to enlarge, extend, or change a conforming 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 all bulk and dimensional requirements of the Bylaw but is considered a substantial alteration and under the Second Except Clause of Section 6 of M.G.L. Chapter 40A, such substantial alteration requires the grant of a Special Permit.  The existing building coverage is 1,434 square feet (8.5%) and the proposed building coverage is 2,478 square feet (14.7%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 16,817 square feet 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 Protective Bylaw. 

Application No. 23-101: Mark Plansky, c/o James M. Norcross, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 146 Old Field Bend, also shown on the Town of Chatham’s Assessors’ Map 14J Block 45 Lot R59.  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 19.1 feet from the southerly and 21 feet from the easterly abutter where a 25 foot setback is required, and partially within the setback to the Coastal Conservancy District where a 50 foot setback is required.  The proposed addition will be nonconforming in that it will be located 19.1 feet from the southerly abutter where a 25 foot setback is required.  The existing building coverage is 1,163 square feet (10.5%) and the proposed building coverage is 1,396 square feet (12.5%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 115 feet of frontage where 150 feet is required, contains 24,682 square feet of land area where 40,000 square feet is required and 10,985 square feet of buildable upland where 20,000 square feet square feet is required in the R40 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. 23-102: Nicholas Colucci and Eleanor Bertin-Colucci, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 111 Scatteree Road, also shown on the Town of Chatham’s Assessors’ Map 16J Block 29 Lot LC8.  The Applicant seeks 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 existing dwelling is nonconforming in that it is located 49 feet from the Coastal Conservancy District.  The proposed dwelling will comply with all bulk and dimensional requirements of the Bylaw but is considered a substantial alteration and under the Second Except Clause of Section 6 of M.G.L. Chapter 40A, such substantial alteration requires the grant of a Special Permit.  The existing building coverage is 2,245 square feet and the proposed building coverage is 2,937 square feet where 2,950 square feet is the maximum allowed.  The lot is nonconforming in that it contains 28,382 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 Section V.B. of the Protective Bylaw.

Application No. 23-105: Robert Doherty, 467 Stony Hill Road, North Chatham, MA 02650, owner of property located at 467 Stony Hill Road, also shown on the Town of Chatham’s Assessors’ Map 15I Block 9 Lot 18.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of a covered porch.  The existing dwelling is nonconforming in that it is located 15.2 feet from the northerly abutter and 15.7 feet from the easterly abutter.  The proposed covered porch will be nonconforming in that it will be located 15.5 feet from the easterly abutter where a 25 foot setback is required.  The existing building coverage is 1,322 square feet and the proposed building coverage is 1,671 square feet where 2,850 square feet is the maximum allowed.  The lot is nonconforming in that it contains 21,448 square feet where 40,000 square feet square feet is required in the R40 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. 23-104: Elizabeth Najarian, c/o James M. Norcross, Esq., PO Box 707, Chatham, MA 02633, owner of property located at 128 Pine Knoll Avenue, also shown on the Town of Chatham’s Assessors’ Map 5C Block 45 Lot S39.  The Applicant seeks a Dimensional Variances from the allowable percent of building coverage for a single family dwelling.  The proposed dwelling will cover 18.1% (1,290 square feet) where 15% is the maximum allowed.  The property contains 7,129 square feet within the R20 Zoning District.  A Dimensional Variance is required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw.  Under Application No. 23-109, the Applicant seeks to enlarge, extend, or change a conforming 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 setback and building height requirements of the Bylaw but is considered a substantial alteration and under the Second Except Clause of Section 6 of M.G.L. Chapter 40A, such substantial alteration requires the grant of a Special Permit.  The existing building coverage is 983 square feet (13.8%) and the proposed building coverage is 1,290 square feet (18.1%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 7,129 square feet 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 Protective Bylaw.

Other Business:
Public Comments 

Plans, site plans, and all other documents related to these Applications are on file with the Department of Community Development and may be viewed as attachments below on the town website or at the Town Hall Annex, located at 261 George Ryder Road and may be viewed Monday through Thursday, 7:00 a.m. to 4:00 p.m.; Friday, 8:00 a.m. to 12:00 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