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HomeMy WebLinkAbout03-24-22 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