Information for Meeting of Zoning Board of Appeals
Thursday May 12, 2022 3:00 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 12, 2022, 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_OWUzOWZhOTktMGYwZS00NmMzLTg0MDgtMjJkYWI3MTBjYTky%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: 299 754 848#

Approval of Minutes – April 28, 2022

Application No. 22-029: Gordon and Susan Melville, c/o William G. Litchfield, Esq, 330 Orleans Road, North Chatham, MA 02650, owner of property located at 71 Eldredge Square, also shown on the Town of Chatham’s Assessors’ Map 14F Block 42 Lot ME4.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of additions. The existing dwelling is nonconforming in that it is located 17.9 feet from Eldredge Square and 24.3 feet from Surrey Lane.  The proposed additions will be nonconforming in that they will be located 22.1 feet from Surrey Lane where a 25 foot setback is required.  The existing building coverage is 1,429 square feet (17.7%) and the proposed building coverage is 1,668 square feet (20.7%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 8,055 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. 22-032: Au Real Estate Trust, c/o Donny Dunham, 42 Wianno Avenue #1164, Osterville, MA 02655, owners of property located at 37 Clam Shell Drive, also shown on the Town of Chatham’s Assessors’ Map 16A Block 29 Lot H76.  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 it is located 8.8 feet from the road, 11.6 feet from the northerly abutter, 15.8 feet from the westerly abutter and entirely within the Coastal Conservancy District (Flood Plain ele. 13).  The proposed dwelling will be nonconforming in that it will be located 8.1 feet from the road where 40 foot setback is required, 12.1 feet from the northerly abutter, 2.8 feet from the westerly abutter where a 25 foot setback is required and entirely within the Coastal Conservancy District where a 50 foot setback is required.  Also proposed is the installation of a driveway as allowed by Special Permit under section IV.A.3.d. of the Protective Bylaw.  The existing building coverage is 811 square feet and the proposed building coverage is 860 square feet where 2,800 square feet is the maximum allowed.  The lot is nonconforming in that it contains 0 square feet of buildable upland where 20,000 square feet is required and contains 5,674 square feet of land area where 40,000 square feet is required in the 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. 22-033: Eric and Theresa Peterson, c/o William F. Riley, Esq., PO Box 707, Chatham, MA 02633, owners of property located at 45 Hardings Lane, also shown on the Town of Chatham’s Assessors’ Map 14C Block 30 Lot 21.  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.  Also proposed is the removal of a portion of the existing nonconforming detached garage with living space.  The existing dwelling is nonconforming in that it is located 19.4 feet from the southerly abutter.   The existing garage is nonconforming in that it is located 10.8 feet from the southerly abutter and 16.2 feet from the easterly abutter.   The proposed dwelling will comply with all bulk and dimensional requirements of the Bylaw.  The proposed garage with living space will remain nonconforming being located 10.8 feet from the southerly abutter where a 25 foot setback is required.  The lot is nonconforming in that it contains 33,258 square feet where 40,000 square feet is required in an 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. 22-034: Gary and Melissa R. Steiner, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owners of property located at 81 Seaview Street, also shown on the Town of Chatham’s Assessors’ Map 15E Block 22 Lot 22B. The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the construction of additions and decks.  The existing dwelling is nonconforming in that it is located 7.1 feet from the easterly abutter and 14.9 feet from the westerly abutter where a 15 foot setback is required.  The proposed additions and decks 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 874 square feet (10.3%) and the proposed building coverage is 1,197 square feet (14.1%) where 15% is the maximum allowed.  The lot is nonconforming in that it has 10.53 feet of frontage where 100 feet is required and contains 8,505 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 Chatham Protective Bylaw. 

Application No. 22-035: Keith and Linda Birkhaeuser, c/o William G. Litchfield, Esq., 330 Orleans Road, North Chatham, MA 02650, owner of property located at 4 Homestead Lane East, also shown on the Town of Chatham’s Assessors’ Map 16C Block 89 Lot 71.  The Applicant seeks to remove the existing stairway and install new platforms and elevated stairways as allowed by Special Permit under Section IV.A.3.a. of the Protective Bylaw.  The lot contains 23, 079 square feet in the R20 Zoning District. A Special Permit is required under M.G.L Chapter 40A Section 9 and Section VIII.D.2.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