4987 15 Railroad Ave YP Decision Certified 01.19.23FILED 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 157
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Scan Igoe, Richard
Martin, Jay Frapric, 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.
A TRUE COPY ATTEST.
A;4a. At4&V44
CM"A CMC 1 TOWN CLERK
JAN 19 2023
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. Manton
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
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 #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
JAN 19 2023
A TRUE COPY ATTEST.
CMM 1 CMC 1 TOWN CLE=hK
JAN 19 2023
COMMONWEALTH OF MASSACHUSETTS
o TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4987 Date: January 19, 2023
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 Pen -nit has been
granted to:
Kyle J. Wiley and Christine J. Wiley
15 Railroad Avenue
Yarmouth Port, MA
Affecting the rights of the owner with respect to land or buildings at: 15 Railroad Avenue, Yarmouth Port,
MA; Map & Lot #: 112.21; Zoning District: R-40; Title: Book 25944, Page 167 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 fled.
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 or registering shall be paid by the owner or applicant.
Steven DeYoung, Chairman
A TRUE COPY ATTEST:
CN�}�L LAJ��:I l'OV1�,4 LL�F.�C
JAN 19 2023