Chatham Zoning Board Greenlights Contested Garage and Stairway Projects Amidst Legal Debates
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Meeting Type:
Zoning Board
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Meeting Date:
09/26/2024
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Recording Published:
09/26/2024
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Duration:
144 Minutes
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State:
Massachusetts
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County:
Barnstable County
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Towns:
Chatham
- Meeting Overview:
In a detailed and multifaceted meeting on September 26, 2024, the Chatham Zoning Board of Appeals tackled several applications, including a contested proposal for a garage on Ridgeville Road and a long-debated stairway at Shore Road. The board members navigated complex legal arguments and community concerns to reach unanimous decisions on these and other applications.
The application that sparked the most discussion was brought forth by John Timberman, seeking to construct a detached garage with habitable space above on Ridgeville Road. Timberman’s proposal aimed to add a garage to his non-conforming lot, which is smaller than the required 20,000 square feet. Despite the non-conformity, the proposed garage met the bulk and dimensional requirements stipulated by the zoning bylaws. Timberman noted that the garage would accommodate a boat, requiring a taller structure than typical garages.
There was considerable community interest in Timberman’s application, as evidenced by letters of support from neighbors, including Katherine and John. During deliberations, board members praised the garage’s design and its placement behind the existing house, minimizing visual impact from the street. Concerns were raised about the height of the proposed garage, but these were mitigated by the applicant’s explanations and the board’s assessment that the project would not adversely affect the neighborhood. The proposal also addressed environmental and visual character impacts, with Timberman asserting that the garage would have no detrimental effects.
The board found the application suitable and voted unanimously to approve Timberman’s proposal.
Another highly debated issue was the application for a stairway to provide beach access via an easement on Shore Road, relevant to the Brons family home. This application was marked by legal complexities and property rights disputes. The applicants, Greg and Heather Butler, represented by attorney Christopher Seni, sought to construct elevated stairs and landings to counter ongoing erosion and improve access to Aunt Lydia’s Cove. The proposal drew on precedents, including a similar 2007 application approved by the board.
Skepticism arose from opposing counsel representing the Brons family, who argued that the proposed structure should be classified as an accessory use or building, which traditionally must be located on the same lot as the principal use. They asserted that the current zoning bylaw does not support the special permit request, emphasizing the necessity to adhere to zoning regulations.
The board received mixed inputs, including historical context about the evolution of the zoning bylaws, particularly changes made in 1990 aimed at allowing accessory uses on unimproved lots under specific conditions. The deliberations also noted the practical benefits of the proposed stairs, especially in preventing erosion and improving beach access while recognizing the legal entanglements surrounding the easement and property rights.
Ultimately, the board appeared poised to approve the application, acknowledging the complexities and the necessity of balancing property rights with zoning regulations. A consensus emerged, and a motion was made to grant the special permit with conditions, including the annual removal of the stairs from December 1 through May 1. The vote resulted in unanimous approval, recognizing the established rights associated with the easement and the environmental benefits of constructing formal access stairs.
Another notable application involved Rebecca Fuller, represented by Thomas Moore, concerning the demolition of an existing non-conforming dwelling on Crosby Lane and the construction of a new, conforming dwelling along with a detached garage. The new structures aimed to address setback requirements and improve the property’s overall compliance with zoning regulations. The proposed dwelling would be located 9.3 feet from the western boundary, improving over the existing 5.8-foot setback. The application received favorable comments from the local Historic Commission and approval from the health department for a new septic system.
The board praised the application for its adherence to zoning requirements and the absence of living space above the garage. The unanimous approval underscored the project’s alignment with neighborhood character and zoning bylaws.
Additionally, the board addressed an application by Cindy Fitz on behalf of the Fitz Family Trust, requesting a dimensional variance for air conditioning condensers on Cedar Street. However, this application and another concerning a property on Countryside Drive were both withdrawn without prejudice by the applicants.
Jill R. Goldsmith
Zoning Board Officials:
Randi Potash, Paul Semple, Virginia Fenwick, David S Nixon, David Veach, Leigh Hovey, Edward Acton, Steve DeBoer, Jeffrey S Dykens (Select Board Liaison), Sarah Clark (Staff Liaison)
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Meeting Type:
Zoning Board
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Meeting Date:
09/26/2024
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Recording Published:
09/26/2024
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Duration:
144 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Barnstable County
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Towns:
Chatham
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