03-24-22 Decision 4944 - 33 & 37 Railroad Ave RECORDEDLAW OFFICES OF
PAUL R. TARDIF, ESQ., P.C.
490 MAIN STREET
YARMOUTH PORT,MA 02675
508)362-7799 508)362-7199 fax
Paul R Tardif,Esq. Stacey A. Curley,Esq.
ptardif(a),tardiflaw.com www.tardiflaw.com scurleya,,tardiflaw.com
REFER TO FILE NO.
May 3, 2022
Dawn-Marie Flett
Yarmouth Zoning Board of Appeals
1146 Route 28
South Yarmouth, MA 02664
RE: Zoning Appeal—33 & 37 Railroad Avenue, Yarmouth Port
Jeffrey R Stewart and Maureen E. Stewart - Petition#4944
Dear Ms. Flett:
Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for
the above referenced matter on May 3, 2022 in the Barnstable County Registry of Deeds in Book
35092, Page 59. Please note that a copy of the recorded Decision has been forwarded to the
uilding Department for their records. I thank you for your assistance in this matter.
IP ,T ly Yours,
ik ul R. dif
cc: Jeffrey R Stewart and Maureen E. Stewart
Mark Grylls, Building Department
RECEIVED
MAY 04 202;
YARMOUTH
BOARD OF APPEALS
Bk 35092 Pg59 #22923
05-03-2022 @ 09 : 05a
TOWN OF YARMOUTHG.1S'' ,_ BOARD OF APPEALS
M .
r,,'-a DECISION
FILED WITH TOWN CLERK: March 31,2022
PETITION NO: 4944
HEARING DATE: March 24,2022
PETITIONER: Jeffrey R. Stewart & Maureen E. Stewart
PROPERTY: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
A TRUE COPY ATTEST.: .
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CrtgltaietefifietTOWN C.:I.Ef:K
Bk 35092 Pg60 #22923
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)
1
t
SeaiIboe,
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.
UAPR 2 nn
Mary A. Maslowski, Town Clerk A TRUE COPY ATTEST.
ti/A/LPq•WILdthtA-414
APR 2 1 2022
Bk 35092 Pg61 #22923
Yee% COMMONWEALTH OF MASSACHUSETTS
9...\
TOWN OF YARMOUTH
077. -;-•:( y
BOARD OF APPEALS
fi
Petition#: 4944 Date: April 21, 2022
Certificate of Granting of a Special Permit
General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been •
granted to:
Jeffrey R. Stewart & Maureen E. Stewart
33 & 37 Railroad Avenue
Yarmouth Port, MA 02675
Affecting the rights of the owner with respect to land or buildings at: 33 & 37 Railroad Avenue,Yarmouth
Port,MA; Map #: 112; Parcel#: 18 & 19; Zoning District: R-40; Book/Page: 31979/45 and the said Board of
Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said
Special Permit, and copies of said decision, and of all plans referred to in the decision, have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that
twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the
Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under
the name of the_owner of record or is recorded and noted on the owner's certificate of title. The fee for such
recording_Jx--registering shall„c.paid by the owner or applicant.
t
Sean Igoe, Clrair"majr c""
r
A TRUE COPY ATTEST:
i, ,t.,i_a.Tk /i4i
JOHN F. MEADE, REGISTER TCVvN CLERK
BARNSTABLE COUNTY REGISTRY OF DEEDS
RECEIVED & RECORDED ELECTRONICALLY APR 2 1 2022