HomeMy WebLinkAbout5164 2 Andrina Rd Decision TC 03.18.25'ARMOUTH TOWN CLERK RE
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TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
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FILED WITH TOWN CLERK: March 19, 2025
PETITION NO: 5164
HEARING DATE: February 27, 2025
PETITIONER: Mark G. Haley and Julie B. Haley, Trustees of the
Haley Family Living Trust
PROPERTY: 2 Andrina Road, West Yarmouth, MA
Map 17, Parcel 46
Zoning District: R-25
Title: Book 36566, Page 34
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie,
Barbara Murphy, and Dick Neitz.
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 is Mark and Julie Haley seeking relief for property located at 2 Andrina Road,
West Yarmouth, Massachusetts. This property is located in an R-25 zoning district. The petitioner
seeks a Special Permit per § 104.3.2(2) and., -'or Variance from §203.5 for front setback relief to
raze and replace a preexisting, nonconforming dwelling.
The existing dwelling is on the corner of Andrina Road and Lewis Bay Road. The existing
setback from Andrina Road is 15.3' and the proposed setback is 15.6'. The proposed septic
system prevents moving the house further back from Andrina Road.
The existing garage would remain 10.5' from Lewis Bay Road. The Yarmouth Assessor's Field
Card, dated January 3, 2025, lists a studio apartment above the garage. It is not known if this
apartment was built legally.
Excluding the screened porch, the replacement house is a significant increase in square footage
from 1,548 square feet to 2,374 square feet. The petitioner plans to install a 6-bedroom septic
system with one (1) primary bedroom suite on the first floor and three (3) bedrooms on the second
floor. Mr. Haley stated he is not looking for further relief nor to create an accessory dwelling unit.
Prior to the hearing, the Board received 12 letters of support from abutters and other neighbors.
At the hearing, the abutters at 16 Andrina Road, also spoke in favor of the petition.
If approved, the Board would be granting significant relief in the expansion of the house, adding
another 800+ square feet, substantially increasing a nonconformity with a bigger house in the
same spot on a small lot, and potentially causing a parking problem.
The Board was not in favor of any habitable use of the second floor of the garage.
Any grant of relief would be an opportunity to limit the number of bedrooms on this small lot.
A motion was made by Mr. Fraprie, seconded by Mr. Neitz, to grant the Special Permit with the
following conditions: 1) The house shall be limited to 4 bedrooms. 2) Any plumbing or cooking
facilities shall be removed from the second floor of the garage. 3) The space on the second floor
of the garage shall not be habitable space, but shall be finished storage only.
On a voice vote (5-0), the request for Special Permit, with the stated conditions, was approved.
A motion was made by Mr. Fraprie, seconded by Mr. Neitz, to allow the petitioner to withdraw
the request for a Variance, without prejudice. On a voice vote (5-0), the motion was approved.
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)
Sean Igoe, 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 #5164 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, CMMC, CMC