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Home My WebLink AboutLetter of Zoning Requirements 11-16-2018 br• etE TOWN OF YARMOUTH $ em=u �o§ BUILDING DEPARTMENT of ;)N1 1146 Route 28, South Yarmouth, MA 02664 p„E"\ ^'°� °°S1 508-398-2231 ext. 1261 Fax 508-398-0836 9 k. L October 4,2018 1e_ Gabriela Lopes 28 Pawkannawkut Drive South Yarmouth,MA 02664 // 7 /� _ ` Re: 28 Pawkannawkut Drive-Family Day Care Home Dear Ms.Lopes: This is to serve as a follow up to my October 4,2018 site visit in response to a complaint this department received,alleging you are operating a child day care service. The following issues were discussed,determined and observed: -You are in fact operating a child day care service. -You have been issued a license by the Commonwealth of Massachusetts,Mass.Board of Early Education and Care,number 9033193,issued June 7,2018. This license was viewed by me on this date. -You advised me that Cape Cod Child Development refers the children to you. -When 1 advised you the Town of Yarmouth requires a Special Permit for this type of service/use,Family Day Care Home, you stated that Cape Cod Development had not advised you of that requirement. RELEVANT ZONING REQUIRMENTS -Town of Yarmouth Zoning Bylaw Use Regulation Table 202.5,requires that a Special Permit be issued by the Zoning Board of Appeals for a Family Day Care Home Use,operated in a Residential Zone,identified as Use P7A.(copy enclosed and highlighted) -25 Pawkannawkut Drive is located in an R-25 Residential Zoning District. -Zoning Bylaw Section 500,Definitions,defines Family Day Care Home as"A private residence which on a regular basis receives for temporary custody and care during part of all or the day,children under 7 years of age,or children under 16 years of age if those children have special needs and receives for temporary custody and care for a limited number of hours children of school age under regulations adopted by the Mass.Board of Early Education and Care." A copy of the complete text is enclosed. Accordingly,you are hereby ordered to file the appropriate application,petitioning the Zoning Board of Appeals for the Special Permit cited above. A copy of this application may be obtained on line,via the Town of Yarmouth web site,or you may obtain one from the Board of Appeals office,at Town Hall. Ms.Sandi Clark can assist you with any questions you may have concerning this process. • Finally,it is imperative you commence this process immediately. Failure to do so will constitute a zoning violation and will result appropriate enforcement action and notification to the Board of Early Education and Care. So ordered, 060 n' _5 James D.Brandolini, Deputy Building Commissioner dehee few( Enc. 2 -11 TO ;•4q. ..i.:_.,fft OUTH • 1146 Route 28 ; i It , �,uth, MA 02664 508-398-223' “ ' `,a •re. . ‘,.08-398-08 'RECEIVED Office of ''' 'I" • �.i` mi i 1 ,-t ss over MATTA n CS OCT 0 4 2018 1�o.PrOlUiLeP . -- ":::-.50.,.;:".. BUILDING DEPARTMENT COMPLAINT FORM Date: 10/5/18 Type of Complaint: Building_ Zoning_ General censing7 This is a formal request for enforcement of an alleged violation.The following are facts in the case: Property Address of Alleged Violation: 20 0 Pawkanuaak„t Rd, South Yaaonth Property Owners Name(s): - unknown Property Owners Mailing Address: APB Pawkannawkut Rd. South Yarmouth Description of Complaint: This Cuiuplaiul. Wdb filed edclier Uua yeas (April/May) via a letter to Selectman Mark Forest and the situation seemed to have been resolved but, unfortunatelyuits back. I thought the regulations regarding child care were stringent and strictly enforced so when a day care appeared to be operating at the above address (which is strictly resldnnfiial ) T rnmplainc4 T cin not want a any rare in my immaciiafin area_ It stopped, but is now up and running with cars coming and unloading children (7:45-8:30), and being picked up in the afternoon (4;-5;00). Date(s)of Alleged Violation(s): weekdays Name(s) oof Person(s): unknown _ (photos available) Q \R)4ct .reAti '\\ce. •I, The following information is required. Failure to provide your name. address. and telephone number will result in the Inspector of Buildings/ Zoning Enforcement Officer to process the complaint at his/her discretion. (PLEASE PRINT) Complainant Name: k D Kelley Yancey d • Address of Complainant: 1 Wampannag unar9, synth Varrrn,th Telephone Number: 508-394-5377 Email Address: Preferred Method of Contact(check one): Telephone: Email:-cloffoddy@verizon.net I am basing my allegations on the above facts. I understand that as the complainant, in the event the Building Commissioner is personally unable to bring the matter in to compliance, I may be required to attend legal proceedings to enforce the regulation referenced above in a court of law.Pursuant to the above allegations I am requesting an investigation and enforcement if applicable. Signature of Complainant: I Prefer to Remain Anonymous: [ 1 (check box) ` \ t,.,vairc,, :.fit, . > �":: -r_ v TO .4# : i OUTH • 1146 Route 281e %t . s.:''s' uth, MA 02664 508-398-2231 '�` i� rt '- .W:,08-398-0836 Office of •' " W'� r , missioner MATTACM CS ll :tit* Complaint Form Instructions > Please be aware, when you fill out a Request for Enforcement you are filing a formal written complaint > Read the Request for Enforcement form carefully and fill out the Request for Enforcement form completely > Multiple complaints pertaining to different addresses require a form for each complaint > Multiple complaints pertaining to the same address can use one complaint form > Sign and forward the original Request for Enforcement form to the Building Department (copies are not accepted) Please Note: > Request for Enforcement forms that are incomplete will be treated as anonymous complaints and will be investigated at the Building Commissioner's discretion > Complaints that are phoned in to the Building Department will be treated as anonymous complaints and will be investigated at the Building Commissioner's discretion • �..it .. d .., 1- 9D3,1 � 3 it Cefra- di) 2,1frn Cent.'ettrAl of it TOWN OF YARMOUTH rC, BUILDING DEPARTMENT N 0-3 1146 Route 28, South Yarmouth, MA 02664 • ^^ ^ • 508-398-2231 ext. 1261 Fax 508-398-0836 Ma.rte L October 11,2018 Cape Cod Child Development Ann Colwell, CEO 83 Pearl Street Hyannis,MA 02601 Re: 25 Pawkannawkut Drive, So. Yarmouth 4 Dear Ms. Colwell: I wanted to inform the agency that although the Home Day Care facility,located at 25 Pawkannawkut Drive South Yarmouth has a License from the Mass. Board of Early Education and Care, it lacks the required Special Permit from the Town of Yarmouth. Enclosed is a copy of my October 4J 2018 letter to Ms. Gabriela Lopes, operator of this care facility. As noted, Ms. Lopes stated that she was not advised by Cape Cod Child Development of this requirement. Based on this,I request that prior to placing children in future locations in Yarmouth,the Agency advise future care givers that the Town's Zoning Bylaw requires all Family Day Care Home obtain a Special Permit from the Zoning Board of Appeals. The agency's cooperation is appreciated and will prevent future cases of this nature. Very truly, James D. Brandolini, Deputy Building Commissioner End. 1 ;de Y44 TOWN OF YARMOUTH 4it BUILDING DEPARTMENT e o - y 1146 Route 28,South Yarmouth,MA 02664- i •!ca Mrd 508-398-2231 ext. 1261 Fax 508-398-0836 563 VIOLAION NOTICE a October 18, 2018 Gabriela Lopes 28 Pawkannawkut Drive South Yarmouth,MA 02664 Violation: Failure to obtain a Special Permit from the Zoning Board of Appeals to operate a Family At Day Care Home Re: Town of Yarmouth Zoning Bylaw Table 202.5, Use P7A & Section 500- Definitions Violation Date: October 4, 2018 I Violation Details: On October 4,2018 I sent you a written notice instructing you to file for a Special Permit to operate a 'Family Day Care Home at 28 Pawkannawkut Drive,South Yarmouth,immediately. I also provided you with copies of the pertinent Town's Zoning Bylaw provisions. As of today you have failed to respond. Accordingly,you are hereby ordered to Cease&Desist the Family Day Care Home services use,until such time as you obtain this Special Permit. Zoning related tickets will be issued with fines of up to $300 per day,should you fail to file this application by October 31,2018. 1dered, a_ Alre,. James D. Brandolini, Deputy Building Commissioner cc: Cape Cod Child Development, Ms. Ann Colwell