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HomeMy WebLinkAbout5164 2 Andrina Rd Decision RecordedRMUUTH TOWN CLERK RE Bk 369-$ ps33g MAR 18'25 PM4:12 nr4— � �— � 1 1 e 595015 �0 °o TOWN OF YARMOUTH . - BOARD OF APPEALS ,I _ fry DECISION 1 ORATED �� FILED WITH TOWN CLERK: March 18, 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) andior 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) bc000ms on the second floor. Mr. Haley stated he is not looking for further relief nor to create Sccus� welling unit. A TRUE COPY ATTEST: r 4' ' PP - 0 2025 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. kFaslowski, CMMC, CMC APR - 8 2025 A TRUE,CQgY ATTEST. CMM F WN CLERK �, � 4►,� r r� c tA�� ,,y8 2025 Petition #: 5164 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: April 8, 2025 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: Mark G. Haley and Julie B. Haley, Trustees of the Haley Family Living Trust Affecting the rights of the owner with respect to land or buildings at: 2 Andrina Road, West Yarmouth, MA; Map 17, Parcel 46; Zoning District: R-25; Title: Book 36566, Page 34 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 1 1 (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. 5 Sean Igoe, Chairman BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register ._ • A TRU � �C:*F ATTEST -- CO / VDWN CLERK 8,:.2025