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BLDR-23-11044
Ys ONE & TWO FAMILY ONLY- BUILDING PERMIT Town of Yarmouth Building Department """y-._ 1146 Route 28, South Yarmouth,MA 02664-4492 508-398-2231 ext. 1261 Fax 508-398-0836 'i ,.,gt .: Massachusetts State Building Code, 780 CMR Building Permit Application To Construct, Repair, Renovate Or Demolish .::;;' .i:i." a One-or Two-Family Dwelling • This Section For Official Use Only Building Permit Number: ,3(,,,D3_23—I IN y Date Applied: /i M SFR rs ../�' S 1).111 3 Buildin Official(Print Name) t ature Date SECTION 1: SITE INFORMATION 1.1 Property Address: 1.2 Assessors Map&Parcel Numb: REcEivFD 1.1 a Is this an accepted street?yes no Map Number Parcel um e - ._., .,,,, 1.3 Zoning Information: 1.4 Property Dimensions: l/ �( 2 6 DCpg 2023k I Zoning District Proposed Use Lot Area(sq ft) 1.5 Building Setbacks(ft) By:___________________:Fronta: C MiNA C B 1LDIN _ M'NT 7/ Front Yard Side Yards Rear Yard vRequired Provided Required Provided Required Provided 1.6 Water Supply: (M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public Private 0 Zone: — Outside Flood Zone? Check if yes Municipal 0 On site disposal system�$I �a1 SECTION 2: PROPERTY OWNERSHIP' 2.1 Owner'of Record: Qu.lrt 4n.. l'eve>,, I,ih..Jerdn►a>n 71A D 7 y 7 a Name(Print) City,State,ZIP a ?‘ nen rnv, s 1 C>7 yf 8' 748U and Street Telephone Email Address SECTION 3:DESCRIPTION OF PROPOSED WORK'-(check all that apply) New Construction 0 Existing Building 0 Owner-Occupied 0 Repairs(s) 0 Alteration(s) 0 Addition 1d Demolition 0 Accessory Bldg. 0 Number of Units Other 0 Specify: S}B{ d 4t%i w? Brief Description of Proposed Work'`: Au,14 op U) q„/_J/ it-LBO IA, ; -AImr�.4/`0 d rn Q C'.-,el Cha/9e q-// ga6:'' ,, r r4?,-rp„— cw, oL0 PU a.1al neut./ Li:y,,./ g/4,4.3-,_, SECTION 4: ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only (Labor and Materials) 1. Building $ 0 CVO. ` ' 1. Building Permit Fee:$3 b _Indicate how fee is determined: t3& taStandard City/Town Application Fee 2.Electrical •s 9'o0O 40 0 Total Project Costa(Item 6)x multiplier x 3.Plumbing $ /5( 000 2. Other Fees: $ 4.Mechanical (HVAC) $ I ?UOO ' o c, List: U,O . l mil' l' 5.Mechanical (Fire �1 Suppression) $ Total All Fees:$ ---s\c .� ©p Check No. Check Amount: Cash Amount: 6.Total Project Cost: $ i ; Xf0®0' ElPaid in Full Q Outstanding Balance Due:XS 6 SECTION 5: CONSTRUCTION SERVICES 5.1 Construction Supervisor License(CSL) 699 a 5 iy/ 7 c--hK`G'l/ .Ljr p �(.O License Number Expiration Date Name of CSL Holder /, q 54 /�/ud f1� List CSL Type(see below) No. and Street jam' Type Description /� �j � � ®U Unrestricted(Buildings up to 35,000 Cu.ft.) City/Town,State,ZIP, / Restricted 1&2 Family Dwelling M Masonry RC Roofing Covering WS Window and Siding SF Solid Fuel Burning Appliances 50S 776 `n736 t-114)aup oi .Cdir I Insulation Telephone Ethailwaress D Demolition 5.2 Registered Home Improvement Contractor(HIC) I1 f chat- p pit' /S? 9/90 l'W/O/vim HIC Com an Name or �1Z�gd HIC-Registrant Na� HIC Registration Number Expiration Date /6 9p „e/2./cve Ur 4-17eat�p 0 a o a. r o ol No. and Street Co a rI �A- op-6 >? Email address City/Town, State,ZIP Telephone SECTION 6: WORKERS' COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152.§ 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes 0 No 0 SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I,as Owner of the subject property,hereby authorize / he)"n.a.� H.ctm-e , ti..e-,s� to act on . beh. f, in all r relative to work authorized by this building permit applicatio . IVPrint Own . ame(Electronic .gnature) Date • SECTION 7b: OWNE t OR AUTHORIZED AGENT DECLARATION By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate to the best of my knowledge and understanding. N.r cJ-?a e 1 A,u pp.ca,-t—'L e 'il . $ 7 Print Owner's or Authoriz Agent's Name(Electronic Signature) Date NOTES: 1. An Owner who obtains a building permit to do his/her own work, or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC)Program), will not have access to the arbitration program or guaranty fund under M.G.L. c. 142A. Other important information on the HIC Program can be found at www.mass.gov/oca Information on the Construction Supervisor License can be found at www.mass.gov/dps 2. When substantial work is planned,provide the information below: Total floor area(sq. ft.) 376 y1ee,) (including garage,finished basement/attics,decks or porch) • Gross living area(sq.ft.) :2 dt $ lea 30 O(J Habitable room count Number of fireplaces Number of bedrooms Number of bathrooms ra 3> Number of half/baths Q Type of heating system a. ►— Number of decks/porches / Type of cooling system Enclosed Open 1- 3. "Total Project Square Footage"may be substituted for"Total Project Cost" • The Commonwealth of Massachusetts Department of Industrial Accidents 1 Congress Street, Suite 100 t1/401 Boston, MA 02114-2017 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print Legibly Name (Business/Organization/Individual): tl 4r011acI P Address: .ar/P{ // � l�9 ii„, ,,1 0,, City/State/Zip: (63,c+ M4 CV675" Phone #: 5•61 776 Are you an employer?Check the appropriate box: I. I am a employer with Type of project(required): Cemployees(full and/or part-time).* 7.2. I am a sole proprietor or partnership and have no employees working for me in �- New deli ruction • any capacity.[No workers'comp. insurance required.] 8. El Remodeling 3.0 I am a homeowner doing all work myself. [No workers'comp. insurance required.]r 9. El Demolition 4.❑I am a homeowner and will be hiring contractors to conduct all work on my property. I will 10ZS utlding addition ensure that all contractors either have workers'compensation insurance or are sole 11.._ Electrical repairs or additions proprietors with no employees. 5.❑I am a general contractor and I have hired the sub-contractors listed on the attached sheet. 12.❑Plumbing repairs or additions These sub-contractors have employees and have workers'comp. insurance.t 13. Roof repairs 6.❑We are a corporation and its officers have exercised their right of exemption per MGL c. I4. ther �'1��� � � 152,§I(4),and we have no employees. [No workers'comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: O ` 4,v Fyk , f�` -., G Policy#or Self-ins.Lic. #: ( Expiration ation Date; Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the pol cy number and expiration date). Failure to secure coverage as required under MGL c. 152, §25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. 1 do hereby certify under the pa•ns and penalties of perjury that the information provided above is true and correct. Signature: e:: � Date: yfrg/9a?- Phone#: SQ S 77tc 2 3 3 0 Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1. Board of Health 2, Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone#: R TOWN OF YARMOUTH ° BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 HOMEOWNER LICENSE EXEMPTION PLEASE PRINT: DATE: JOB LOCATION: NAME STREET ADDRESS SECTION OF TOWN "HOMEOWNER" NAME HOME PHONE WORK PHONE PRESENT MAILING ADDRESS CITY OR TOWN STA 1'E ZIP CODE The current exemption for `Homeowner' was extended to include owner—occupied dwellings of one or two units and to allow such homeowners to engage an individual for hire who does not possess a license,provided that such homeowner shall act as supervisor. (State Building Code Section 110 R5.1.3.1) Definition of Homeowner: Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is or is intended to be, a one or two family attached or detached structure assessors to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner;such"homeowner"shall submit to the building official, on a form acceptable to the building official,that he/she shall be responsible for all such work performed under the building permit. (Section 110 R5.1.3.1) The undersigned `homeowner' assumes responsibility for compliance with the State Building Code and other applicable codes, by-laws, rules and regulations. The undersigned 'homeowner' certifies that he / she understands the Town of Yarmouth Building Department minimum inspection procedures and requirements and that he / she will comply with said procedures and requirements. HOMEOWNER"S SIGNATURE APPROVAL OF BUILDING OFFICIAL INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent, which meets the requirements of MGL Ch.142. Yes No If you have checked ves, please indicate the type coverage by checking the appropriate box. A liability insurance policy Other type of indemnity Bond OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Mass. General Laws and that my signature on this permit application waives this requirement. Check one: Signature of Owner or Owner's Agent Owner Agent h:homeownrlicexemp F Y TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner BUILDING DEPARTMENT DEMOLITION DEBRIS DISPOSAL AFFIDAVIT Pursuant to M.G. L. Chapter 40, Section 54 and 780 CMR, Chapter 1, Section 111/5 I hereby certify that the debris resulting from the proposed work/demolition to be conducted at ��.� t�ty., „4.)(ir 24 Work Address Is to be disposed of at the following location: Yet -i � � Said disposal site shall be a licensed solid waste facility as defined by M.G.L. Chapter 111, Section 150A. X, .-.." - --2,-7,,,e...--?_:' Signature of Applicant Date Permit No. • Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an enzployee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as"an individual, partnership, association, corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, 525C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally, MGL chapter 152, §§25C(7) states"Neither the commonwealth nor any of its political subdivisions shall • enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s)name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC)or Limited Liability Partnerships (LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license,number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under"Job Site Address"the applicant should write "all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.) said person is NOT required to complete this affidavit. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents 1 Congress Street, Suite 100 Boston, MA 02114-2017 Tel. 4 617-727-4900 ext. 7406 or 1-877-MASSAFE Fax /4 617-727-7749 Revised 02-23-15 www.mass.gov/dia l ® DATE(MM/DDIYYYY) AC RD CERTIFICATE OF LIABILITY INSURANCE `..----- 05/16/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jen Davis Mark Sylvia Insurance Agency,LLC talc°,No.Est). (508)957-2125 iAAic,Not: (508)957-2781 404 Main Street ADDRESS: mark@marksylviainsurance.com Centerville,MA 02632 INSURERS)AFFORDING COVERAGE NAIC# INSURERA: Farm Family_Casualty Insurance INSURED INSURER B: Thomas Home Improvements LLC INSURER C: PO Box 177 INSURER D: i Centerville,MA 02632 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MMIDDIYYYYI (MM/DDIYYYY) LIMITS X' COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A N N 2001X1416 5/01/2023 5/01/2024 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO-JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION STATUTE 1ORTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N N/A N 2001W8053 5/01/2023 5/01/2024(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Carpentry Insurance coverage is limited to the terms,conditions,exclusions,other limitations and endorsements. Nothing contained in the certificate of insurance shall be deemed to have altered,waived or extended the coverage provided by the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Barnstable Building Dept. ACCORDANCE WITH THE POLICY PROVISIONS. 200 Main Street AUTHORIZED REPRESENTATIVE ! I Hyannis MA 02601 Fax: Email: 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD oFo)� 6 -1Zm > 0� dr r S >f- Y CD m C)1E N0C -0 p "p -i C7 E C CA= cWirC7m r- � � Fri -1zm �m M czSt i C z gp �73 3 * Dc m o�_ 0 , m Dr o .0< >Tz. o `z-0 = mc .--1i rn0m �o a-tRep Dm O i N Z y > N .tea -1 7 N -i. NO 37 1.D b .a 3 D y 0 C) ---iz ` -I i c CD I m 2t° co I O m c m O Fa‘ 4 m k` .. 3 O O 7. -a ® o 14 O o o m m z m CD 0 D `�', o$�-2.0 = Cl) � - Z \ D , Q3ar N m3 D C QC n s co A a >c - x O � �• U} min '< pw CO N 0 n !/ Q O Nil _;Woy .. m _ CD ®Of CD 0 t0 m C 0 K C. 1 COS1 F (n 0' @ CD o 0o. NOc 0 c o — 0 tD Sl.. C 3 0 DI 13. -4 S coo O . . . CpD N 3 3a0 0 _ �Z MI us A O 4 O C) aye — o 3 ' �' �Om �% 1 ) .` t:7Trfl 111 C � O O rn we CO O m (Q ._ d . £" �, 6y... d �A J'�U O l ti t N N N A N ill m N 0 3 a N 1 A N TOWN OF VAR\40: in i tik ' /aN WATER DEPARTMENT .I LF?LM232023J Q t� r y •i Buck rdi Rnar! � `� 11' i 'are; \t i tl it'; BUILDIfVG DEPARTIytENT ` ",y" rf. t p)on :if-tt . 1-792 i • (ay. 1:it18< . - 9E}� ;i (? rev,'r.,�;.r 1 , €1 BUILDING PERMIT APPLICATION FOR NVATER DEPART\TENT SIGN OFF TRANSMITTAL FORM BUILDING SITE LOCATION: �`� e, .tc / PROPOSED WORK: $', " i 4 i 1 4 {'��' l� � , fD APPLICANT: f`E , 'e' �1 � 7t 1 I.I,I'I l()\"L ,� ` .yam , -",, RESIDENTIAL \D 'OR COMMERCIAL BUILDING Water I)cpariment: Determines Compliance ol'Water Availability and or exist inc. location Lngineerine Department: Determines Compliance for ParLine and I)rainzwe C'onser\ation Commission: I)etcrm mes Compliance to Wetlands Act; i e, blot(;)border any type or \cetland', streams. ponds. rivers. ocean. bogs, hotis, marshland. FTC.'... !leak!' Department: Determines Compliance to State and Town Regulations, i.e. requirements Iitr Septage Disposal and other Public I lealth Activates Fire Department: Determines Compliance to State and Town Requirements for Personal Solely, Property Protections, i.e. Smoke Detectors. Sprinkler Systems.etc /1,..0 ,4-,..„-,--: „4"....r, ,,,,,,..‹,,," , te., 7421 APPI-,iC.ANT SiGNATCRE: DATE; OFFICE USE: COMMENTS ON ['ERNIET APPROVAL OR DENIAL REVIEWED BY WATER DIVISION(SIGNATURE) DATE Q N 1.... .,,,10,... ° cc) CZ OC a CZ `� co/yam (V I I 2 pQG��O ?,� O -a� W �Q� p��� / 0�f Oa CO ( c 6 �� , ��o�e 2° 6' 46 so Oze Ca LOTS I S 2 BLOCK "K" 'Pem I69 ! 4.25.F. od fiUN29 ?023 O TONG DISTRICT: R-25 FRONT SETBACK: 315'`r' SIDE SETBACK: REAR SETBACK: 20' PROPOSED BUILDING COVERAGE: 12.8% MAX. BLDG. COVERAGE: 25% FLOOD ZONE: "X" - 0.2% ANNUAL CHANCE FLOOD HAZARD BUILDING LOCATION PLAN FOR 58 RAINBOW RD., WEST YARMOUTH, MA 001.1°F Mass PREPARED FOR °?� tiG JULIE ANN TRACY 4 STEVEN W. N It spe DAB w�6 o RUMBA , I " = 30' 06 28-2023 =UE TMW No. 35791 �' ! lOH NUA��PEP. RE`;iSF_D ''# CPP- I \` 'CIGISTE:ift," �ONALLANoSJ WELLER $ ASSOCIATES P.O. BOX 4 17 CENTERVILLE, MA TEL: (508) 328-4692 Co ` "23 EMAIL: trisweller@gmail.com REGISTERED LAND SURVEYORS S ENVIRONMENTAL CONSULTANTS Traverse PC Do =1 7 487.922 09-21-2023 8'-35 BARNSTABLE LAND C© -a .. Y_R'\"70 TOWN OF YARMOUTH "2 i .`0A b° 1 .0 C BOARD OF APPEALS `j DECISION terra cN�° FILED WITH TOWN CLERK: August 30, 2023 PETITION NO: 5044 HEARING DATE: August 10, 2023 PETITIONER: Troy Thomas,Thomas Home Improvements PROPERTY OWNER: 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:recArFA ES,Lif-i)t44 T.' , MC i—TC.A.fN CLaf:K SEP 2 0''2023 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. WIM4t arlotdihrkai . Mary A.Maslowski C M SEP 2,0 2023 ckTRUE COPY ATTEST • Kidedfritia4 • aROM1 C iC l TC;Wo;CLERK s.. . SE`2T0 2023 •Y` R COMMONWEALTH OF MASSACHUSETTS a TOWN OF YARMOUTH 9 BOARD OF APPEALS am w 1" . Petition#:5044 Date: September 20,2023 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: 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 C A TRUE'COPY ATTEST BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register . BARNSTABLE COUNTY i ► :/TOWN GLIRK REGISTRY OF DEEDS SE-'Fp 2 0 2023 A TRUE COPY,ATTEST •%' JOHN F.MEADE,REGISTER