Information for Meeting of Zoning Board of Appeals
Thursday March 28, 2024 2:30 PM EDT

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
LEGAL NOTICE

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, March 28, 2024, starting at 2:30 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_NWYyMzdiZDUtNzQ2OS00ZTI0LWIwNDYtNjY2ZjlhOGNkMzQx%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: 697 679 645#

Approval of Minutes  
Executive Session held March 30, 2023
Executive Session held July 13, 2023
Meeting held February 22, 2024

Application No. 24-016: 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 18.3% (1,290 square feet) where 15% is the maximum allowed.  The property contains 7,045 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. 24-017, 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 (13.9%) and the proposed building coverage is 1,290 square feet (18.3%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 7,045 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. 24-019: 46 Scatteree RD Realty Trust, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02638, owners of property located at 46 Scatteree Road, also shown on the Town of Chatham’s Assessors’ Map 16I Block 33 Lot WA3.  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 7.5 feet from the westerly abutter and 7 feet from the Coastal Conservancy District.  The proposed dwelling will be nonconforming in that it will be located 11.5 feet from the westerly abutter where a 25 foot setback is required and 7.1 feet from the Coastal Conservancy District where a 50 foot setback is required.  The existing building coverage is 995 square feet (10.4%) and the proposed building coverage is 1,431 square feet (14.9%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 0 feet of frontage where 150 feet is required and contains 9,572 square feet of buildable upland where 20,000 square feet is required.  The property contains 43,736 square feet 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. 24-020: Three Story on Main Realty Trust, c/o Kim Almquist, 776 Main Street, Osterville, MA 02655, owner of property located at 1369 Main Street, also shown on the Town of Chatham’s Assessors’ Map 10E Block 14 Lot D2.  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 1,366 square feet (11%) and the proposed building coverage is 1,332 square feet (10.8%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 12,370 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. 24-022: InfiniteMonkey Ventures Inc., c/o Mitchel Rogers, 66 The Cornfield, Chatham, MA 02633, owner of property located at 456 Main Street, also shown on the Town of Chatham’s Assessors’ Map 15D Block 49 Lot 90.  The Applicant seeks Dimensional Variances from the required road and abutters setback for the construction of a deck, installation of an exterior mechanical system appliance (freezer) and the installation of an 8 foot tall fence.  The deck was constructed 3.1 feet from the westerly abutter and 9.1 feet from an unnamed way.  The proposed freezer will be located 3.1 feet from the westerly abutter.  The proposed 8 foot fence will be located 16 feet from the unnamed way. Dimensional Variances are required under M.G.L. Chapter 40A Section 10 and Section VIII.D.2.c of the Chatham Protective Bylaw.  Under Application No. 24-023, the Applicant seeks to enlarge, extend, or change a nonconforming commercial structure on a conforming lot via the construction of a deck, installation of an exterior mechanical system appliance (freezer) and the installation of an 8 foot tall fence.  The deck was constructed 3.1 feet from the westerly abutter where a 15 foot setback is required and 9.1 feet from an unnamed way where a 25 foot setback is required.  The proposed freezer will be nonconforming in that it will be located 3.1 feet from the westerly abutter where a 15 foot setback is required.  The property contains 5,654 square feet within the GB2 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.

Randi Potash
Chair