HomeMy WebLinkAbout5202 32 Rainbow Rd Decision TC 01.13.26YARMOUTH TOWN CLERK RE
JRN 13 ,26 ,4t411.:57
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
January 13, 2026
5202
December 11, 2025
Lewis Bay Management LLC
Gary Holland
PROPERTY: 32 Rainbow Road, West Yarmouth, MA
Map 22, Parcel 148.1
Zoning District: R-25
Document #1429333, Certificate #226336
Lot 1 (Block G), Land Court Plan #11435-A
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni,
Richard Neitz, 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 Lewis Bay Management LLC who appeared in connection with the property
located at 32 Rainbow Road, West Yarmouth, Massachusetts, which property is located in a
R-25 zoning district. The lot contains---8,712 square feet of area.
Edward Stafford, Manager, Lewis Bay Management LLC, appeared at the hearing. No new
exhibits were introduced at the hearing and no public comments were received.
The petitioner seeks front setback relief to construct a —400-square-foot addition with a new
bedroom and bathroom. The dwelling is a preexisting, nonconforming structure, and the property
is a corner lot with "two fronts." In this zoning district, a front setback of 30 feet is required.
Per the Proposed Addition Plan, dated July 14, 2025, the front setback, at various points, will
range between 23 feet and 25 feet. The proposed front setback will be less nonconforming than
the existing 22.5 feet, but will not meet the minimum requirement of 30 feet.
The Board agreed that the petitioner's request was reasonable; a Special Permit was the proper
form of relief; and the proposed addition will not be substantially more detrimental to the
neighborhood, zoning district, or Town.
Accordingly, a motion was made by Mr. Martin and seconded by Mr. Mantoni to grant the
Special Permit as requested. The members voted as follows: Mr. Martin: AYE; Mr. Neitz: AYE;
Mr. Mantoni: AYE; Mr. Panebianco: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in
favor. Therefore, the Special Permit was approved.
A motion was made by Mr. Panebianco and seconded by Mr. Neitz, to allow the petitioner to
withdraw the request for a Variance without prejudice. The members voted as follows: Mr.
Martin: AYE; Mr. Neitz: AYE; Mr. Mantoni: AYE; Mr. Panebianco: AYE; Chairman Igoe:
AYE. The motion was voted 5-0 in favor. Therefore, the Variance was withdrawn without
prejudice.
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)
Sean Igoe, 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 #5202 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, MMC, CMMC