03-24-22 4944 - 33 & 37 Railroad AveFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
March 31, 2022
4944
March 24, 2022
Jeffrey R. Stewart & Maureen E. Stewart
33 & 37 Railroad Avenue, Yarmouth Port, MA
Map 112, Parcel 18 and 19
Zoning District: R-40
Title: Book 31979, Page 45
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie and
Megan Homer
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of
property as required by law, and to the public by posting notice of the hearing and publishing in The
Cape Cod Times, the hearing opened and held on the date stated above.
The Petitioner seeks a Special Permit pursuant to Section 104.3.5 and Section 407 to
combine the lots and to allow for a family related accessory apartment.
Lot 1 (33 Railroad) contains two barn/garage structures, detached from each other. The
Property is located in the R40 Zoning District and contains 19,191 square feet of area. The
second lot, Lot 2 (37 Railroad), is improved with a 1 story single family structure having 2
bedrooms and 1 bath, and constructed in approximately 1940 according to the Yarmouth
Assessor's records, and the lot contains 7,339 square feet. The property is served by a 2
bedroom Title 5 Septic System, which services the cottage.
The Petitioner proposes to combine the lots into one lot using an 81-X plan, which will
be recorded if relief is granted. The resulting lot will be 26,531 square feet. Then, the Petitioner
will construct a second single family dwelling on the lot, containing 3 bedrooms on two floors,
and a 3 car garage. One of the existing barns will be removed, but the second barn, located in
the rear of the property, will remain. The Petitioner will then designate the existing cottage as a
family related accessory apartment, in which their son Braden Stewart will live. A Family
Related Apartment Affidavit has been completed and filed with the Board.
The entire existing dwelling contains approximately 349 square feet of area. There is an
unfinished basement, accessed from the outside of the unit, which totals 320 square feet. Even if
combined, and calculated together under the definition of accessory living space, the cottage
qualifies under Bylaw Section 407.2(7).
The Board found that the proposal to combine the lots into one meets the criteria outlined
in Zoning Bylaw Section 104.3.5(2), for the reason that the proposal reduces the number of lots
from 2 to 1, that the existing and the proposed building will comply with all bulk requirements of
the bylaw, and lot coverage will be at 12% for the combined lot, and this redevelopment of the
lot, and the creation of a family related accessory apartment, is in keeping with the intent and
purpose of the Bylaw.
The Board then discussed the fact that the requirements of Section 407.2 of the Bylaw have
been met, and that the issuance of the Special Permit for the creation of a family related accessory
apartment will not result in undue nuisance, hazard or congestion and that there will be no
substantial harm to the established or future character of the neighborhood or town.
Accordingly, a motion was made by Mr. Martin, seconded by Mr. Fraprie, to grant the
request for the Special Permit, as requested, without conditions. The members voted
unanimously (4-0) in favor of the motion.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
from this decision Shall be made pursuant to MGL c40A section 17 and must be filed within 20
days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the
Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw
§ 103.2.5, MGL c40A §9)
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #4944 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
Mary A. Maslowski, Town Clerk