HomeMy WebLinkAbout5050 46 Rainbow Rd Withdrawn TC 10.11.23YARMO T H T ► IN t;�. ER
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
October 11, 2023
5050
September 28, 2023
Richard M. DiBella
Joseph M. Fahey
Trustee of the Rose C. DiBella Trust
PROPERTY: 46 Rainbow Road, West Yarmouth, MA
Map & Lot #: 22.151
Zoning District: R-25
Title: Book 81196, Page 395
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni,
Barbara Murphy, and Anthony Panebianco
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 Richard M. DiBella who brings this petition concerning property located at
46 Rainbow Road, West Yarmouth, Massachusetts, which property being in an R-25 zoning
district. The petitioner seeks to allow a camper to be occupied as living space on the property.
On the day of the hearing, Shraddha Joshi called the Building Department and the Zoning Board
of Appeals Office on behalf of the petitioner, to say that the camper had been removed. Deputy
Building Commissioner Tim Sears conducted a site visit to confirm the camper's removal from
the property and provided a memo to the Board. The memo noted that the camper that was being
occupied had been removed from the property and a second camper parked next to the house is
currently being used to store contents from the house.
As a result of the first camper's removal from the front of the property, there is no longer a
violation. At the hearing, the petitioner Richard DiBella appeared with Shraddha Joshi, and
requested to withdraw the petition without prejudice.
One abutter expressed concern that the camper could return, the petitioner could receive another
violation, and the camper could be moved again before another hearing.
Vice Chair Igoe explained that the Board can only deal with what is before them at the hearing.
At this time, there is no violation.
At the request of the petitioner, the Board voted on a motion made by Mr. Fraprie, seconded by
Mr. Mantoni, to allow the withdrawal of the relief requested, without prejudice.
On a voice vote (5-0), the request to withdraw the requested relief, without prejudice, was
approved.
S:SR�
Sean Igoe, Vice Chair