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Home My WebLink AboutBOA#4785 7/19/19 ' ' Bk 32232 Ps19 �39329 08-19-2019 fli 3 :. "'ivi%c.".-:*- Y ge,sc,_ o k t TOWN OF YARMOUTH �„ C BOARD OF APPEALS ~ DECISION -:;; Vi .z. c. :, c FILED WITH TOWN CLERK: July 19,2019 PETITION NO: #4785 HEARING DATE: July 11,2019 PETITIONER: Gabriela Lopes PROPERTY: 28 Pawkannakut Drive,South Yarmouth,MA Map& lot#: 0033.20; Zoning District: R-25 MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman,Sean Igoe,Thomas Nickinello,Susan Brita and Tom Baron. The Board reconsidered the Petition of Gabriela Lopes, 28 Pawkannakut Drive, South Yarmouth, MA whose Petition seeks a Special Permit to operate a home daycare at her residence located in the Zoning District R-25. The case was previously considered and the Board voted to deny the Petition and relief sought. From the Board's decision the Petitioner did appeal and by an agreement of the Town and Petitioner, an Order of Remand in Land Court Docket Number 19-MISC- 000084 was entered for the Board to reconsider the merits of the Petition. The Petitioner appeared as did her Attorney William R. Edes. The presentation by the Petitioner and her counsel was well thought out and addressed the primary concern for which this Board had jurisdiction relating to the grant of a Special Permit. Primarily, the concern expressed by the Board in the previous Decision and considered by the Board again due to this Remand related to issues of parents of children delivered to the daycare parking on the 2 roads abutting the property in which the Petitioner's residence and home daycare is located. These roads are open to the public though the Board is justified in addressing the issue of congestion which may be caused by parents parking on the roads and not in the Petitioner's driveway. 1 As was true in the previous consideration of the merits of the Petitioner's request, several people spoke and presented correspondence in opposition to the grant of the Special Permit. In large part, the concern was that people were parking on the roadway when picking up and/or dropping off their children making it difficult to enter/exit their own property. As well, issues were raised of concern for the welfare of the children due to the type of fencing around the play yard and other concerns relating to the children and their activities. While these concerns may have merit, it is not for this Board to question the appropriateness of the Petitioner's location when such is governed by State law and enforced through State agencies. The Board, therefore, considered only the merits of the Petition as it relates to the requirements for the grant of a Special Permit. The Board generally felt that, with conditions, the Special Permit could be granted. These conditions included: 1.) That the Petitioner direct each parent of any child utilizing her home daycare to enter her driveway when dropping off the children and exit there from, it being understood that her clients were not to park on either of the abutting roads to her property; and, 2.) That there be a one (1) year review to determine whether or not the Petitioner and her clients complied with condition number 1. The Board had discussions on the merit of such a grant with Ms. Britta expressing her opposition. The remaining members of the Board expressed that the Petitioner had demonstrated that the Special Permit could be granted without causing any undue nuisance, hazard or congestion nor will there be any detriment or harm to the established or future character of the neighborhood or Town. With the two conditions stated above, a Motion was made by Mr. Igoe, seconded by Mr. Nickinello to grant the Petition, on the two stated conditions to which the Board voted as follows: In Favor: Igoe, DeYoung, Nickinello and Baron. Opposed: Britta. Therefore, the Special Permit was granted on a vote of 4 in favor, one opposed. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. 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, MGL c40A §9) Steven S. DeYoung,tYairman 2 of Yak COMMONWEALTH OF MASSACHUSETTS t TOWN OF YARMOUTH s -4�,. = r BOARD OF APPEALS ,l• .,cMEE_. Appeal#4785 Date: August 9,2019 Certificate of Grantingof a S ecial 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: OWNER: Jose DaSilva 26-28 Pawkannawkut Drive, South Yarmouth, MA PETITIONER: Gabriela Lopes 28 Pawkannakut Drive, South Yarmouth,MA Affecting the rights of the owner with respect to land or buildings at: 26-28 Pawkannakut Drive, South Yarmouth. Map & lot#: 0033.20; Zoning District: R-25; Book/Page: 29764/199 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 is located and indexed in the r of record or is recorded and noted on the owner's certificate ate of antor title.ex uThe fee for nder the s such recording e of the or registering shall be paid by the owner or applicant. )11, 11 Steven DeYoung, airman TOWN OF YARMOUTH _♦ rnrn', 1146 ROUTE 28, SOUTH YARMOUTH, Town O�o ,MA.SSACHUSETTS 02664-4451 Clerk Telephone(508)398-2231 Ext. 1285,Fax(508)398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, 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 #4785 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. Philip B. Gau et, II Town Clerk • BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register ' w