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HomeMy WebLinkAbout5018 45 Rainbow Rd RecordedFILED WITH TOWN CLERK -- PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISIO&bc r 1 r 483 BARNSTABL.E June 9, 2023 5018 May 11, 2023 Joanna C. Murray 323 rr 3- : 772 07-03-2023 12219 LAND COURT REGISTRY PROPERTY: 45 Rainbow Road, West Yarmouth, MA Map 22, Parcel 183 Zoning District: R 25 Land Court Lot #7 8109465: 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 master bedroom. 4 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, t}tus 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. C}o-► TF[JE-COPY A`1TEST• ^^f %FCMC I.OWN CLERK r -JUN 3 0 2023 r to u 1-0' A motion was made by Mr. Igoe and seconded by W 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) 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. aslowski !UN 3 0 2023 "aYlkU>*' OPY ATTEST: r i�C TOWN CLERK r4TrAJYN ,,3 0 2023 CA11-~ Petition #: 5018 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: June 30, 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 Permit has been granted to: Joanna C. Murray Affecting the rights of the owner with respect to land or buildings at: 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 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 theTown Clerk and no appeal has been fled 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 BARNSTABI,� R AID PY OF DEEDS John F. Mead, register BARN,: TAdLt IjUNTY REGISTRY OF DEEDS A TRUE COPY, ATTEST JOHN F. ME t j, „-t !STER _ �' � - � CQPY ATTEST• CW; i OWN CLERK _%. 1 47- 4, L N 3 0 2023