Information for Meeting of Zoning Board of Appeals
Thursday February 23, 2023 4:00 PM EST

TOWN OF CHATHAM
ZONING BOARD OF APPEALS
AMENDED AGENDA

The Chatham Zoning Board of Appeals will hold a public hearing on Thursday, February 23, 2023, starting at 4:00 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_Y2NmMmMxYjYtZjlkYi00NjBiLWEzMGMtZjI2YTljNjJjZjE4%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: 261 460 757#

Approval of Minutes – January 26, 2023

Other Business:
Amendments to Zoning Board of Appeals Rules and Regulations, Section IV.E limiting the amount of time allocated for public comment during a hearing, the limitation on the length of written correspondence/deadline for submittal, filing requirements and revisions to the Application Form.

Public Comments 

Application No. 23-002: DiMarzio Living Trust, c/o Erik Tolley, 299 White’s Path, South Yarmouth, MA 02664, owner of property located at 16 Phoebe Lane, also shown on the Town of Chatham’s Assessors’ Map 3C Block 39E Lot P8.  The Applicant seeks to enlarge, extend, or change a conforming dwelling on a nonconforming lot via the demolition of an existing sunroom and the construction of additions. The existing dwelling and proposed additions 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 1,222 square feet (9.4%) and the proposed building coverage is 1,922 square feet (14.8%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 12,953 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. 23-003: Bethany and Jason Paul, owners of property located at 4 Edgewood Road, also shown on the Town of Chatham’s Assessors’ Map 8F Block 41 Lot D24.  The Applicant seeks to enlarge, extend, or change a nonconforming dwelling on a nonconforming lot via the demolition of an existing garage and the construction of additions. The existing dwelling is nonconforming in that it is located 16.9 feet from Northwood Road.  The easterly addition will be nonconforming in that it will be located 16.9 feet from Northwood Road where a 25 foot setback is required.  The existing building coverage is 1,508 square feet (12.5%) and the proposed building coverage is 1,793 square feet (14.8%) where 15% is the maximum allowed.  The lot is nonconforming in that it contains 12,100 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. 23-004: Jesse Carlton, c/o William F. Riley, Esq., PO Box 707 Chatham Ma 02633, owner of property located at 105 Orleans Road, also shown on the Town of Chatham’s Assessors’ Map 15H Block 2 Lot L2.  The Applicant seeks to enlarge, extend, or change a nonconforming accessory structure (shed) on a nonconforming lot via the demolition of an existing shed and the construction of a new 82 square foot shed. The existing shed is nonconforming in that it is located 6.8 feet from the Inland Conservancy District where a 25 foot setback is required and 2.5 feet from the easterly abutter.  The proposed shed will be nonconforming in that it will be located 2.5 feet from the easterly abutter where an 8.3 foot setback is required.  The lot is nonconforming in that it contains 18,837 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. 23-005: 604 Orleans Road Realty Trust, c/o William F. Riley, Esq., PO Box 707, Chatham MA, 02633, owner of property located at 604 Orleans Road, also shown on the Town of Chatham’s Assessors’ Map 12J Block 25 Lot 12.  The Applicant seeks to modify Special Permit No. 21-072 granted on September 23, 2021, which allowed for the demolition of the existing dwelling and the construction of a new dwelling.  The Applicant now seeks to modify this Special Permit to allow for an increase in building coverage.  The approved building coverage was 805 square feet and the constructed building coverage is 820 square feet where 2,800 square feet is the maximum allowed.  The lot contains 0 square feet of buildable upland where 20,000 square feet is required and 5,460 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. 23-001: Robert Fogel and Ellen Mahoney, c/o James McGrath, 259 Queen Anne Road, Harwich, MA 02645, owners of property located at 9 Power Lane, also shown on the Town of Chatham’s Assessors’ Map 9K Block 18 Lot LP9.  The Applicant seeks a Dimensional Variance from the abutters setback requirement under Appendix II of the Protective Bylaw for the construction of an accessory structure (pool house).  The pool house was installed 22 feet from the southerly abutter where a 25 foot setback is required.  The lot contains 20,535 square feet in the R60 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.  Continued from February 9, 2023.  

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