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HomeMy WebLinkAbout5044 58 Rainbow Rd Decision RecordedDOC21:487.922 09-W21-2023 8:35 BARNSTABLE LAND COM FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION August 30, 2023 5044 August 10, 2023 Troy Thomas, Thomas home Improvements Julie Ann Tracy PROPERTY: 58 Rainbow Road, West Yarmouth, MA Map & Lot #: 23.17 Zoning District: R 25 Land Court Lots #1 & 2 (Block K), Plan #11435-A Certificate of Title #228975 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Martin, Jay Fraprie, John Mantoni, and Barbara Murphy (alternate) 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 Troy Thomas who appears concerning property located at 58 Rainbow Road, West Yarmouth, Massachusetts, which property is in an R-25 zoning district. The petitioner seeks a Special Permit or, alternatively, a Variance concerning front setback relief, so as to construct an addition in the front setback on a pre-existing non -conforming lot. The property sits on a corner lot bounded by Rainbow Road and Berry Avenue. The proposed addition will face Berry Avenue. If allowed, and when completed, the addition will be 28.3 feet from Berry Avenue. The Board concurred that the proposed addition will be a significant enhancement to the front of the home. It will enhance the property without being any detriment to the neighborhood or town. Further, if enforced, the bylaws would involve a substantial hardship to the petitioner in that it would deny the utilitarian use of this modest home and proposed addition. The Board felt that the criteria for the grant of a Special Permit was appropriate to consider, and the Board found that no nuisance, hazard or congestion would be created, nor would there be any substantial harm to the established or future character of the neighborhood or Town, should the relief be granted. No one spoke in favor, or in opposition to the petition, and no exhibits were rc*mefft rTEST: CLaztK SEP 10 4023 . A motion was made by Mr. Martin, and seconded by Mr. Mantoni, to grant the request for a Special Permit, as set forth within the petition and without condition. A roll call vote was taken, which passed on a 5-0 vote. At the request of the petitioner, the Variance request in the petition was allowed to be withdrawn, without prejudice, upon a motion made by Mr. Igoe, and seconded by Mr. Martin, which motion passed on a 5-0 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 #5044 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 , C SEP 2.0 2023 �`14TRUE CaPY'AITEST . r - Ti4VVN CLERK COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5044 Date: September 20, 2023 Certificate of Grantinu 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: PETITIONER: Troy Thomas, Thomas Home Improvements PROPERTY OWNER: Julie Ann Tracy Affecting the rights of the owner with respect to land or buildings at: 58 Rainbow Road, West Yarmouth, MA; Map & Lot #: 23.17; Zoning District: R-25; Land Court Lots #1 & 2 (Block K), Plan #11435-A; Certificate of Title #228975 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 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 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. Steven DeYoung, Chairman `TRUE COPY ATTEST: BARNSTABLE REGISTRY OF DEEDS John F. Meade, I diet BARNSTABLE COUNTY REGISTRY OF DEEDS f 1`1+�: I TtrWN C;t i�I:X A TRUE COPY, ATTEST <<.. y SEP 20 2023 JOHN F. MEADE REGISTER