HomeMy WebLinkAbout5018 45 Rainbow Rd Decision TC 06.09.23FA ME 1€fi-4 TCIQLtim
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 9, 2023
5018
May 11, 2023
Joanna C. Murray
PROPERTY: 45 Rainbow Road, West Yarmouth, MA
Map 22, Parcel 183
Zoning District: R-25
Land Court Lot #7
Plan #11435-A
Certificate of Title #159811
MEMBERS PRESENT AND VOTING. Chairman Steven DeYoung, Dick Martin, Jay Fraprie,
John Mantoni and Sean Igoe
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 Joanna Murray who seeks relief in connection with property located at 45 Rainbow
Road, West Yarmouth, Massachusetts which is in an R-25 zoning district. The relief which the
petitioner seeks is for side setback on a pre-existing non -conforming structure, so as to accommodate
the addition of closet space benefiting the waster bedroom.
The lot is small and there is little room for any expansion of the modest home, which the petitioner
seeks to occupy as the primary residence, having utilized it as a summer home previously. The
addition, if allowed, would result in an encroachment into the side yard of 2 feet, thus reducing the
side yard to 13 feet. The Board agreed that this was a reasonable request, and if the relief were to be
granted, would not result in any undue hazard, nuisance, nor congestion nor would it change the
character of the town or neighborhood now or in the future.
A motion was made by Mr. Fraprie, seconded by Mr. Martin, to grant the Special Permit, as sought
by the petition, without condition, which motion, after roll call vote, was unanimously passed
favorably and the Special Permit was, therefore, granted.
A motion was made by Mr. Igoe and seconded by Mr. Martin to allow the petitioner to withdraw her
request for Variance relief from such withdrawal to be without prejudice, and which motion passed
by a unanimous voice vote.
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)
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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 #5018 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