Houses On Monomoy Theatre Land Shot Down, Again; Owner May Turn To Commercial Uses Instead

CHATHAM – For the second time, the zoning board of appeals has rejected a proposal to build single-family homes on the former Monomoy Theatre property.

 Property owner Gregory Clark of Chatham Productions indicated that if not allowed to build the two homes proposed for the Depot Road side of the property, which he said would sell for about $4 million each, he would instead pursue uses permitted by right for the general business zoned-land, which include commercial activities. A comprehensive permit for multi-family housing was also “on the table,” he said at a March 24 zoning hearing.

 In 2022, the zoning board rejected Clark’s request for special permits to build homes at 5 and 15 Annabelle Ln., a subdivision road off Depot Road. The state land court later upheld the denials of the 15 Annabelle Ln. house, but remanded the 5 Annabelle Ln. decision back to the ZBA, ruling the board did not give adequate reasons for its denial.

 The latest proposal sought special permits for two homes, both with approximately 5,000 square feet of gross floor area, at 5 and 10 Annabelle Ln. Both 15 Annabelle Ln. and a fourth residential lot would remain vacant under the proposal. Because the land is in the General Business 2 district (GB2), a special permit is required for a single-family dwelling.

 Last Thursday’s unanimous decision by the zoning board did not involve the former Monomoy Theatre building or the adjacent Washington Taylor House, both located at 776 Main St. Those buildings are on a separate lot, and while plans have gone before the historic business district commission for their renovation, both structures remain vacant and appear to be deteriorating. Clark has said in the past that he needed revenue from the residential development in order to help restore the theater as a year-round arts center, but he made no reference to that project at the ZBA hearing.

 Zoning board members had many of the same reasons for the latest denial as with the 2022 decision, although in more detail in order to satisfy the directives of the land court. Board members said the homes were too large for the small lots (12,590 and 13,248 square feet) being proposed and that the residential use was not compatible with the neighborhood, which is dominated by municipal buildings, Veterans Field and small businesses.

Noting the declining enrollment of the nearby Chatham Elementary School, board member David Nixon said the town needs smaller family homes and to preserve remaining commercial land for future business use. “I do believe our elementary school defines the neighborhood,” he said, along with the fire station, Monomoy Community Services and community center.

He referred to the zoning bylaw’s purpose and intent to provide housing for persons of all income levels. “That’s not going to happen if you build $4 million homes,” he said. The houses are not compatible with the surrounding neighborhood, he added, and don’t fit with the “present or future” character of the town. Other board members concurred.

“I think there is a much better use of this property than what’s being proposed,” said board member Steve DeBoer. More energy should be put into developing alternatives “rather than these large homes that we don’t need.”

Allowing the special permits would essentially be “shoehorning” a residential district into the GB2 zone, said member Paul Semple.

“We need to continue to allow this GB zone to act as a GB zone and not end up as a residential zone,” he said. Although the board has granted permits for single-family homes in commercial areas before, that should only be done in “rare situations,” he added.

Although the lots conform to the GB2 requirements, they are too small for the houses being proposed, said Chair Randi Potash. “It’s not just a single-family house. It’s a huge one,” she said. “There are no houses that look anything like this [in the neighborhood], therefore it does not fit.”

In a memo to the ZBA, Clark outlined efforts to develop the property since Chatham Productions purchased it in 2019 for $3.65 million. Initially he planned to build multi-family housing on the land between the theater and Depot Road. Town staff suggested the best way to do that would be either through a comprehensive permit, which allows the zoning board to waive certain bylaws in exchange for a percentage of housing being affordable, or establish an overlay zoning district. Clark determined that the overlay district would be most constructive and proposed six multi-family buildings.

After COVID postponed a town meeting when the proposal was to be addressed, Clark petitioned for a special town meeting which was held in late 2020. Voters rejected the overlay district. Clark then subdivided the land off Depot Road into four lots and sought single-family permits from the ZBA.

According to the memo, last November, Clark submitted a proposal to the town suggesting that three single-family homes be allowed and one lot be left vacant. A deeded easement would provide a buffer between the homes and Veterans Field. He did not receive a response from the town.

“Unfortunately, this property has sat unused for almost six years,” Clark’s memo reads. “Therefore, if we cannot come to an agreement for an approval to build homes on these two lots, then we will proceed immediately to utilize our property for some of the by-right permitted uses. Concurrently, we will move forward accordingly to seek enforcement of our property rights.”

The memo continued, “We will not need to seek approval from any town board as we will be utilizing the property without additional building changes. Some of these by right uses include business activities which may not be considered to provide pleasing views but are permitted in the GB2.”

The board voted unanimously to deny both permits. Town Counsel Jason Tallerman recommended that at its next meeting, the board review a draft of the decisions to ensure that they include reasons that would stand up to further judicial review.

Clark did not respond to emails seeking clarifications of plans for the property by deadline.