4987 15 Railroad Ave YP Decision TC 12.29.22FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
December 29, 2022
4987
December 8, 2022
Kyle J. Wiley and Christine J. Wiley
PROPERTY: 15 Railroad Avenue, Yarmouth Port, MA
Map & Lot ##: 112.21
Zoning District: R-40
Title: Book 25944, Page 167
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard
Martin, Jay Fraprie, and John Mantoni
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 petitioners are Kyle and Christine Wiley of 15 Railroad Avenue, Yarmouth Port, MA. The
property is located in a R-40 Zoning District. The petitioners seek a Special Permit pursuant to
Zoning Bylaw § 104.3.2(2) to raze/replace a detached structure (garage) and increase the height of a
pre-existing nonconforming structure to 21 feet 9 1/2 inches. Eric Tolley of ERT Architects, Inc.
joined Kyle Wiley in the presentation of the petition and did a fine job in doing so.
Utilizing the same footprint as the existing structure is on (i.e., 18' x 20'), they seek to raise the
height of the structure from 12 feet to 21' 9 1/2". No additional nonconformity to the footprint or
setbacks will result. The increase in the height of the proposed structure will not be dissimilar to that
of other like structures in the neighborhood nor will it create any undue hazard, nuisance nor
congestion. No dwelling house is in close proximity to the rear property line of the petitioners, and
no one spoke either an opposition or in support of the petition.
Mr. Martin acknowledged his concern that the structure will have a setback of only 1.9 feet.
However, taking into account that the upstairs portion will be used for storage only and not for living
space and that abutting properties have dwelling houses of a significant distance from this property
line, Mr. Martin felt he could support the petition.
After limited discussion by the Board, all of which was supportive of the petition, a motion was made
by Mr. Martin and seconded by Mr. Fraprie to approve the request for a Special Permit with the sole
condition being that the upstairs space in the garage defined as "new storage" will not become
habitable living space. A roll call vote was taken and the Board voted 5-0 in favor of the request, as
follows:
Mr. Mantoni
AYE
Mr. Igoe
AYE
Mr. Fraprie
AYE
Mr. Martin
AYE
Mr. DeYoung
AYE
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)
Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
1, 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 #4987 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