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Home My WebLink About5202 32 Rainbow Rd Decision RecordedYARMOUTH TOW14 CLERK RE JRN 13126 At11:57 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: Doc:1s53FSr485 02-05-2026 3015 BARNSTABLE LAND COURT REGISTRY 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. A TRUE COPY ATTEST: 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. Manton 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 1, 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 FEB - 3 2026 TRUE COPY ATTEST O Yq� COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH 0,4 BOARD OF APPEALS b� ��RPpRAtB�� Petition #• 5202 Date: February 3, 2026 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: Lewis Bay Management LLC PROPERTY OWNER: Gary Holland Affecting the rights of the owner with respect to land or buildings at: 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 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 i owner's locateand indexedcertiate title. Thin the e forfee i den uch der the name of the owner of record or is recorded and noted on the recording or registering shall be paid by the owner or applicant. Sean Igoe, Chairman A TRUE COPY ATTEST: