HomeMy WebLinkAbout5050 - 46 Rainbow Rd Letter of Opposition 2 with Multiple SignatoriesSeptember 18, 2023
Zoning Board of Appeals
Town of Yarmouth
1146 Route 28
South, Yarmouth, MA 02664
RECEIVED
SEP 2 5 2023
YARMOUTH
BOARD OF APPEALS
RE: PETITION 5050: Richard M. Dibella, 46 Rainbow Rd, West Yarmouth, seeking to reverse the decision
of the Building Commissioner and/or a Variance from 401.1.1. to allow a camper to be occupied as living
space on the property.
We are the abutters of the above referenced property located at 46 Rainbow Rd in West Yarmouth as
well as members of the Englewood Shores Beach Association. We write to express our strong opposition
to Mr. DiBella's attempt to be allowed to use a camper as living space.
Mr. Dibella is currently in violation of 2 town By-laws.
401.1.1 —Atno time shall parked or stored camping and recreational equipment be occupied or used for
living, sleeping or housekeeping purposes.
401.1.2 — If camping or recreational equipment is parked or stored outside of a garage, it shall be parked
or stored to the rear of the front building line of the lot, except for loading and unloading.
In a letter you received dated 7/26/23 from Joseph Fahey trustee of the Rose C. Debella trust it was
indicated that Mr. DiBella is renovating the home, (which is NOT his primary residence) and needs to use
the camper as living space. What Mr. Fahey fails to note is that Mr. DiBella had begun the renovation
over 5 years ago with a building permit date of 5/2/2018. There is no way the renovation will be
completed by October as Mr. Fahey suggests. He also fails to note that there is not 1 but 2 unregistered
campers on the property that are being used as living space. This summer Mr. DiBella entertained family
and friends with the 2 campers as well as a tent located on the property.
We are concerned about the health and safety issues arising from the lack of sanitary facilities as well as
the location of one of the campers that is just 2 feet from Rainbow Road, sitting on the front lawn of the
property. (See attached pictures) This property is strewn with trash, household furniture, construction
debris and an old mattress. Along with the campers Mr. DiBella is also storing 3 vehicles with only 1
registered all on a 9,000 square foot lot.
Also of concern over the past 5 summers has been Mr, DiBella's work habits of starting construction in
the late afternoon and continuing to 10-11PM with accompanying noise and bright lights. Asking him to
refrain from doing this has not changed the situation. As abutters we are allowed the quiet and peaceful
enjoyment of our property, especially during the summer months.
It would be irresponsible for the ZBA to grant the above -mentioned request and we feel that reversing
the decision of the Building Commissioner or granting this type of variance will be used as precedent for
future variances.
Thank you for your time and consideration on this matter.
Signed: (See attached Signature sheet(s)
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Maureen Sullivan 35 Rainbow Road West Yarmouth 23 Sept 2023