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HomeMy WebLinkAbout5210 27 Locust St Decision RecordedIftPROUTR TOWN CLERK RE NAP 12'26 Am10:05 Bk 37583 PoSS i 15578 04-24-2026 ai 10 = 18M TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: March 13, 2026 PETITION NO: 5210 HEARING DATE: February 12, 2026 PETITIONER & PROPERTY OWNER: Gregor Mittersinker, Trustee of The Gregor Mittersinker Trust, and Birgit Leitner-Mittersinker, Trustee of The Birgit Leitner-Mittersinker Trust PROPERTY: 27 Locust Street, South Yarmouth, MA Map 42, Parcel 14 Zoning District: R-25 Title: Book 37273, Page 173 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni, Barbara Murphy, and Anthony Panebianco 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 Gregor Mittersinker and Birgit Leitner-Mittersinker, who seeks a Variance for front setback relief in connection with property at 27 Locust Street, South Yarmouth, Massachusetts. The property is located in the R-25 zoning district, contains 7,840 square feet of area, and is improved with a one-story, two -bedroom home. Gregor Mittersinker and Birgit Leitner-Mittersinker appeared at the hearing. The proposal includes the addition of a bedroom, a bathroom, and an attached garage. The space above the garage is intended for interior storage. This storage space is accessed via a pull -down staircase. The property is on the corner of Locust Street and an undeveloped private way. A corner lot has two "fronts" and a 30-foot front setback is required in this zoning district. Per the Site Plan, revised November 20, 2025 and stamped by a Professional Land Surveyor, the proposed front setback will be 19.5 feet from the centerline of the undeveloped private, yeY �VAINIUM. coverage on the lot would increase from 14.1014 to 21.2%, which is und""; Prior to the hearing, two abutters submitted letters of support. At the hearing, two abutters, who were not opposed to the petition, wanted to ensure continued access via the private way. The Board found that the petitioner met the criteria for a Variance, based on the following: the property has been determined to be a comer lot; the setback requirements to the private way; the uniqueness of the street and how it relates to the property; and the undeveloped private way appears to be for the exclusive use of three properties, including the petitioner's property. A motion was made by Mr. Panebianco and seconded by Mr. Mantoni to approve the Variance, subject to the following condition: 1) There shall be no more than three (3) bedrooms in the house. The members voted as follows: Mr. Martin: ABSTAIN; Mr. Mantoni: AYE; Ms. Murphy: AYE; Mr. Panebianco: AYE; Chairman Igoe: AYE. The motion was voted 4 in favor and 1 abstention. Therefore, the Variance, with the stated condition, was granted. 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 MG L c40A section 17 and must be filed within 20 days after filing of this notice;Accision with the Town Clerk. Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See MGL c40A § 10) ,.;N-s � - 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 #5210 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, MMC, CMMC APR - 6 2026 tRUE COPY R EST O YAK COMMONWEALTH OF MASSACHUSETTS `0 TOWN OF YARMOUTH .,_ � BOARD OF APPEALS �RPORATSO,� Petition #: 5210 Date: April 3, 2026 Certificate of Granting of a Variance (General Laws Chapter 40A, Section 10) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: PETITIONER & PROPERTY OWNER: Gregor Mittersinker, Trustee of The Gregor Mittersinker Trust, and Birgit Leitner-Mittersinker, Trustee of The Birgit Leitner-Mittersinker Trust Affecting the rights of the owner with respect to land or buildings at: 27 Locust Street, South Yarmouth, MA; Map 42, Parcel 14; Zoning District: R-25; Title: Book 37273, Page 173 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance, 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 Variance, 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. Sean Igoe, Chairman Y`1 BARNSTAGLE REGISTRY OF DEEDS ; �, John F. Meade, Register zuC.-` I A