Court Issues Split Decision On Monomoy Theatre Property

CHATHAM – After a nearly two-year court battle, a decision issued earlier this month could pave the way for residential development on a portion of the former Monomoy Theatre property.

 But the split decision by Justice Kevin T. Smith may also delay any construction on the downtown land.

 In 2022, the zoning board of appeals denied separate special permits for single-family homes on two lots off Depot Road. The Oct. 4 decision by Smith overturned one of the denials, ordering the case back to the zoning board.

 However, Smith upheld the board’s denial of a permit on the second lot.

 Both cases came down to the reasons cited by the zoning board for the denials. According to Smith’s decision, the zoning board failed to provide a factual basis for its decision to deny the permit for the lot at 10 Annabelle Ln., but did provide adequate justification for its denial of a permit for 15 Annabelle Ln.

 Gregory Clark of Chatham Productions LLC purchased the Monomoy Theatre property in 2019, and in 2021 the planning board approved a subdivision of the land, separating the portion fronting Main Street — which contains the theater building and the historic Washington Taylor House — and the rear section along Depot Road, which contains four lots. Single-family homes were proposed for the four lots along a private road called Annabelle Lane; the property is in the General Business 2 zoning district, which requires a special permit for single-family homes.

 The 3,514-square-foot home at 10 Annabelle Ln. was proposed for a 12,590-square-foot lot, while the 15 Annabelle Ln. dwelling, at 3,790 square feet, was on a 15,480-square-foot lot.

The zoning board held separate hearings in November 2022 and issued separate decisions. In both cases, the board’s decisions cited similar reasons referencing the special permit criteria in the zoning bylaw, including the inadequate size of the lots and the scale, siting and mass of the proposed dwellings being out of character with the neighborhood.

Both decisions also said that the proposals were not in keeping with the “established or future character of the neighborhood” or “in harmony with the purpose and intent of the bylaw.”

However, in the case of 10 Annabelle Ln., Smith ruled that the zoning board did not provide supporting facts for the latter finding, but merely recited the special permit criteria. 

“This is not an adequate reason to justify the denial, particularly where the immediate neighborhood can be characterized as mixed use, with many residential uses interspersed with more traditional general business uses,” Smith wrote.

In the case of 15 Annabelle Ln., however, the board determined that the scale of the proposed dwelling was not appropriate so close to Veterans Field. By identifying the home of the Chatham Anglers as a “cultural and financial piece of the community,” the board provided a reason for its denial, the court ruled. Digital renderings of the proposed house showed that it was “at best, an unusual backdrop to a baseball field and, at worst, an unsightly structure that ‘looms’ over the field, as one witness testified,” the decision reads. The first floor of the proposed dwelling would be 11 feet above the surface of Veterans Field and the roof line would be another 23 feet above that, evidence at the zoning board hearing and the court trial showed. 

“Based on that evidence, it was not unreasonable for the board to conclude that a dwelling in that location would be incompatible with the neighborhood and would have a negative effect on Veterans Field,” Smith wrote.

Because of that “rational” basis, Smith upheld the denial of the special permit for 15 Annabelle Ln. But because the denial of 10 Annabelle Ln. was not supported by specific facts, he annulled the decision and ordered the board to rehear the proposal and either issue the special permit or, if it again denies the request, provide factual findings rather than just restating the special permit criteria.

No date has been set for the zoning board to hear the remanded case. There have been no further filings with town boards on the remainder of the former Monomoy Theatre property, including the former theater and the Taylor house, both of which have been vacant for six years and appear to be in poor condition.

 Clark did not respond to an email seeking comment on the decision prior to The Chronicle’s deadline.