HomeMy WebLinkAboutZBA 28 Pawkannawkut Drive (3) Brandolini, Jim
From: Brandolini,Jim
Sent: Wednesday, November 7, 2018 3:30 PM
To: Clark, Sandi
Subject: RE: Family Home Day Care Required BOA
Sandi:
OK Will it be ok with you if I tell her to come in on the 161h and I will assist her with the ZBA app., but somehow I
suspect we will have to help her with the associated docs.
Jim
From: Clark, Sandi
Sent: Wednesday, November 7, 2018 2:14 PM
To: Brandolini,Jim <JBrandolini@yarmouth.ma.us>
Subject: RE: Family Home Day Care Required BOA
Oh, no—I am not here either! I am headed to visit my grandson.
From: Brandolini,Jim
Sent: Wednesday, November 7, 2018 2:05 PM
To:Clark, Sandi <SClark@yarmouth.ma.us>
Cc: Grylls, Mark<mgryilsPyarmouth.ma.us>
Subject: FW: Family Home Day Care Required BOA
Sandi:
I won't be here on this Friday. What time should I have her come in to see you. If this doesn't work. I will be here next
Fri.the 16'', but she primarily needs to complete the app. and file the associated docs with you. Will you also be in on
the 16th
Thanks.
Jim
Jim
From:Gabriela [mailto:gabs-Iopes2007@hotmail.com]
Sent:Wednesday, November 7, 2018 1:21 PM
To: Brandolini,Jim <JBrandolini@yarmouth.ma.us>
Subject: Re: Family Home Day Care Required BOA
Hello. I got this friday off! ill be there friday! What is a good time to go?
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1
From:Gabriela<gaby-Iopes2007@hotmaii.com>
Sent:Wednesday, November 7, 2018 12:56 PM
To: Brandolini,Jim
Subject: Re: Family Home Day Care Required BOA
Hello James.Yes Im so sorry I was not able to take a day off this week because I need to tell them Ahead of time. I've
really been trying but its really hard for me to plan something so fast. But we do have a traininng on Friday the 16th that
doesnt take all day so i can Go there right after! Is that ok? if you think the date is too far i can try to take a day off early
next week sometime.
Get Outlook for iOS
From: Brandolini,Jim <jbrandolini@yarmouth.ma.us>
Sent:Wednesday, November 7, 2018 12:50 PM
To: 'gaby-Iopes2007@hotmail.com'
Subject: Family Home Day Care Required BOA
Good Afternoon Gabriela:
I wanted to follow up on last week's email to see how you are progressing with the Board of Appeals application. It is
imperative you submit this as soon as possible. I understand you work every day, but indicated you would be in Monday
(Nov. 5).
James D. Brandolini,
Deputy Building Commissioner
2
Brandolini, Jim
From: Clark, Sandi
Sent: Wednesday, November 7, 2018 3:42 PM
To: Brandolini, Jim
Subject: RE: Family Home Day Care Required BOA
Jim,
I will be in the office on the 16th. It has been awhile since we gathered up all those day cares in Town, but she will need
photos of the area of the daycare, deed, (I can get the abutters from Assessors)and copies of her license from the State
to operate. Sometimes helpful to have photo of outside of dwelling showing parking. In most cases it is drop off and
pick up situation. The hours of operation will be asked.
Well, if you do the Application, that is helpful to get started. If you want to show her this e-mail with the list of
documents needed, please go ahead. Trying to remember if the fee is for residential or business (home
business). Residential $125 and Business$200 plus abutters.
Thanks for all your help,
-Sandi
From: Brandolini,Jim
Sent:Wednesday, November 7, 2018 3:30 PM
To: Clark, Sandi <SClark@yarmouth.ma.us>
Subject: RE: Family Home Day Care Required BOA
Sandi:
OK Will it be ok with you if I tell her to come in on the 16th and I will assist her with the ZBA app., but somehow I
suspect we will have to help her with the associated does.
Jim
From: Clark, Sandi
Sent:Wednesday, November 7, 2018 2:14 PM
To: Brandolini,Jim <JBrandolini@yarmouth.ma.us>
Subject: RE: Family Home Day Care Required BOA
Oh, no—I am not here either! I am headed to visit my grandson.
From: Brandolini,Jim
Sent:Wednesday, November 7, 2018 2:05 PM
To: Clark, Sandi <SCIarkPyarmouth.ma.us>
Cc: Grylls, Mark<mgryllsPvarmouth.ma.us>
Subject: FW: Family Home Day Care Required BOA
Sandi:
1
I won't be here on this Friday. What time should I have her come in to see you. If this doesn't work. I will be here next
Fri. the 16th, but she primarily needs to complete the app. and file the associated docs with you. Will you also be in on
the 16tn
Thanks.
Jim
Jim
From: Gabriela [mailto:gabs-lopes2007@ hotmail.com]
Sent: Wednesday, November 7, 2018 1:21 PM
To: Brandolini,Jim <JBrandolini@yarmouth.ma.us>
Subject: Re: Family Home Day Care Required BOA
Hello. I got this friday off! ill be there friday! What is a good time to go?
Get Outlook for iOS
From:Gabriela<gaby-Iopes2007@hotmail.com>
Sent:Wednesday, November 7, 2018 12:56 PM
To: Brandolini,Jim
Subject: Re: Family Home Day Care Required BOA
Hello James.Yes Im so sorry I was not able to take a day off this week because I need to tell them Ahead of time. I've
really been trying but its really hard for me to plan something so fast. But we do have a traininng on Friday the 16th that
doesnt take all day so i can Go there right after! Is that ok? if you think the date is too far i can try to take a day off early
next week sometime.
Get Outlook for IOS
From: Brandolini,Jim <jbrandolini@yarmouth.ma.us>
Sent:Wednesday, November 7, 2018 12:50 PM
To: 'gaby-Iopes2007@hotmail.com'
Subject: Family Home Day Care Required BOA
Good Afternoon Gabriela:
I wanted to follow up on last week's email to see how you are progressing with the Board of Appeals application. It is
imperative you submit this as soon as possible. I understand you work every day, but indicated you would be in Monday
(Nov. 5).
James D. Brandolini,
Deputy Building Commissioner
2
Brandolini, Jim
From: Brandolini,Jim
Sent: Wednesday, November 7, 2018 3:50 PM
To: 'Gabriela'
Cc: Clark, Sandi; Grylls, Mark; Clark, Sandi; Fallon, Rosa
Subject: RE: Family Home Day Care Required BOA
Gabriela:
Neither Sandi Clark and I will be here on this Friday,the 9th. However, both of us will be in the office on Friday,the 16` ,
except during lunch. Hopefully, we can finalize the application process on that day.
James D. Brandolini,
Deputy Building Commissioner
From: Gabriela [mailto:gaby-Iopes2007@hotmail.com]
Sent:Wednesday, November 7, 2018 1:21 PM
To: Brandolini,Jim <JBrandolini@yarmouth.ma.us>
Subject: Re: Family Home Day Care Required BOA
Hello. I got this friday off! ill be there friday! What is a good time to go?
Get Outlook for iOS
From: Gabriela<gaby-lopes2007@hotmail.com>
Sent: Wednesday, November 7, 2018 12:56 PM
To: Brandolini,Jim
Subject: Re: Family Home Day Care Required BOA
Hello James.Yes Im so sorry I was not able to take a day off this week because I need to tell them Ahead of time. I've
really been trying but its really hard for me to plan something so fast. But we do have a traininng on Friday the 16th that
doesnt take all day so i can Go there right after! Is that ok? if you think the date is too far i can try to take a day off early
next week sometime.
Get Outlook for iOS
From: Brandolini,Jim <jbrandoliniPyarmouth.ma.us>
Sent:Wednesday, November 7, 2018 12:50 PM
To: 'gaby-Iopes2007@hotmail.com'
Subject: Family Home Day Care Required BOA
Good Afternoon Gabriela:
I wanted to follow up on last week's email to see how you are progressing with the Board of Appeals application. It is
imperative you submit this as soon as possible. I understand you work every day, but indicated you would be in Monday
(Nov. 5).
1
James D. Brandolini,
Deputy Building Commissioner
2
Brandolini, Jim
From: Gabriela <gaby-Iopes2007@hotmail.com>
Sent: Wednesday, November 7, 2018 4:25 PM
To: Brandolini,Jim
Cc: Clark, Sandi; Grylls, Mark; Clark, Sandi; Fallon, Rosa
Subject: Re: Family Home Day Care Required BOA
ok no problem! thank u very much.
Get Outlook for iOS
From: Brandolini,Jim <jbrandolini@yarmouth.ma.us>
Sent: Wednesday, November 7, 2018 3:50 PM
To: 'Gabriela'
Cc: Clark, Sandi; Grylls, Mark; Clark, Sandi; Fallon, Rosa
Subject: RE: Family Home Day Care Required BOA
Gabriela:
Neither Sandi Clark and I will be here on this Friday,the 9th. However, both of us will be in the office on Friday, the 16'
except during lunch. Hopefully, we can finalize the application process on that day.
James D. Brandolini,
Deputy Building Commissioner
From: Gabriela [mailto:gaby-Iopes2007@hotmail.com]
Sent: Wednesday, November 7, 2018 1:21 PM
To: Brandolini,Jim <JBrandolini@yarmouth.ma.us>
Subject: Re: Family Home Day Care Required BOA
Hello. I got this friday off! ill be there friday! What is a good time to go?
Get Outlook for iOS
From:Gabriela <gaby-lopes2007@hotmail.com>
Sent:Wednesday, November 7, 2018 12:56 PM
To: Brandolini,Jim
Subject: Re: Family Home Day Care Required BOA
Hello James.Yes Im so sorry I was not able to take a day off this week because I need to tell them Ahead of time. I've
really been trying but its really hard for me to plan something so fast. But we do have a traininng on Friday the 16th that
doesnt take all day so i can Go there right after! Is that ok? if you think the date is too far i can try to take a day off early
next week sometime.
Get Outlook for iOS
1
From: Brando|ini Jim <jbnando|ini@yannouthxnaus>
Sent: Wednesday, November 7, %O1O1%:5DPW1
Tm: 'gaby'|opes2007@hotmaiicom'
Subject: Family Home Day Care Required BOA
Good Afternoon Gabrie|a:
I wanted to follow up on last week's email to see how you are progressing with the Board of Appeals application. It is
imperative you submit this as soon aspossible. | understand you work every day, but indicated you would beinMonday
(Nuv. 5).
James D. 8nsndo|ini,
Deputy Building Commissioner
u
Brandolini, Jim
From: Brandolini,Jim
Sent: Wednesday, November 7, 2018 4:27 PM
To: 'Gabriela'
Subject: RE: Family Home Day Care Required BOA
Great--see you then
From: Gabriela [mailto:gaby-Iopes2007@hotmail.com]
Sent: Wednesday, November 7, 2018 4:25 PM
To: Brandolini,Jim <JBrandolini@yarmouth.ma.us>
Cc: Clark, Sandi<SClark@yarmouth.ma.us>; Grylls, Mark<mgrylls@yarmouth.ma.us>; Clark, Sandi
<SClark@yarmouth.ma.us>; Fallon, Rosa <rfallon@yarmouth.ma.us>
Subject: Re: Family Home Day Care Required BOA
ok no problem! thank u very much.
Get Outlook for iOS
From: Brandolini,Jim <Ibrandolini@yarmouth.ma.us>
Sent: Wednesday, November 7, 2018 3:50 PM
To: 'Gabriela'
Cc: Clark, Sandi; Grylls, Mark; Clark,Sandi; Fallon, Rosa
Subject: RE: Family Home Day Care Required BOA
Gabriela:
Neither Sandi Clark and I will be here on this Friday,the 9th. However, both of us will be in the office on Friday, the 16`F,
except during lunch. Hopefully, we can finalize the application process on that day.
James D. Brandolini,
Deputy Building Commissioner
From: Gabriela [mailto:gaby-Iopes2007@hotmail.com]
Sent: Wednesday, November 7, 2018 1:21 PM
To: Brandolini,Jim <JBrandolini@yarmouth.ma.us>
Subject: Re: Family Home Day Care Required BOA
Hello. I got this friday off! ill be there friday! What is a good time to go?
Get Outlook for iOS
From: Gabriela <gaby-Iopes2007@hotmail.com>
Sent: Wednesday, November 7, 2018 12:56 PM
To: Brandolini,Jim
Subject: Re: Family Home Day Care Required BOA
1
Hello James.Yes Im so sorry I was not able to take a day off this week because I need to tell them Ahead of time. I've
really been trying but its really hard for me to plan something so fast. But we do have a traininng on Friday the 16th that
doesnt take all day so i can Go there right after! Is that ok? if you think the date is too far i can try to take a day off early
next week sometime.
Get Outlook for iOS
From: Brandolini,Jim <jbrandolini@yarmouth.ma.us>
Sent:Wednesday, November 7, 2018 12:50 PM
To: 'gaby-Iopes2007@hotmail.com'
Subject: Family Home Day Care Required BOA
Good Afternoon Gabriela:
I wanted to follow up on last week's email to see how you are progressing with the Board of Appeals application. It is
imperative you submit this as soon as possible. I understand you work every day, but indicated you would be in Monday
(Nov. 5).
James D. Brandolini,
Deputy Building Commissioner
2
Brandolini, Jim
From: Brandolini,Jim
Sent: Thursday, November 15, 2018 11:32 AM
To: 'Gabriela'
Cc: Clark, Sandi; Cipro, Linda
Subject: Family Home Day Care
Gabriela:
Sandi and I were wondering approximately what time you will be coming into Town Hall on Friday.
Thanks.
James D. Brandolini,
Deputy Building Commissioner
1
Brandolini, Jim
From: Gabriela <gaby-Iopes2007@hotmail.com>
Sent: Thursday, November 15, 2018 2:09 PM
To: Brandolini,Jim
Cc: Clark, Sandi; Cipro, Linda
Subject: Re: Family Home Day Care
Hey so ai can be there at around 4 pm. is that ok?
Get Outlook for iOS
From: Brandolini,Jim <jbrandolini@yarmouth.ma.us>
Sent:Thursday, November 15, 2018 11:32 AM
To: 'Gabriela'
Cc: Clark, Sandi; Cipro, Linda
Subject: Family Home Day Care
Gabriela:
Sandi and I were wondering approximately what time you will be coming into Town Hall on Friday.
Thanks.
James D. Brandolini,
Deputy Building Commissioner
1
Brandolini, Jim
From: Brandolini,Jim
Sent: Wednesday, December 5, 2018 12:13 PM
To: 'Gabriela'
Cc: Clark, Sandi; Grylls, Mark;vonHone, Amy
Subject: 28 Pawkannawkut Drive Family Day Care Home
Gabriela:
This is to serve as an official follow up to our November 16, 2018 meeting which included Sandi Clark and Assistant
Health Director, Amy van Horne. The purpose of this meeting was to provide you with assistance. concerning the
procedure for filing a Special Permit application with the Zoning Board of Appeals,for your Family Home Day
Care. During this meeting Ms. Clark and I provided you all the necessary information you would need to file this
application. This included a sample application which provided specific zoning sections and related wording. In
addition, Ms. van Horne made a special effort in providing you with pertinent information and tentative approval with
respect to your septic system. Ms. Clark was in fact holding an opening for you for the only Board of Appeals December
meeting. We also described the Board's meeting procedures and protocol.
At the conclusion of our meeting,you stated you would submit your completed application the following week(W/E
November 25, 2018). However, as today you have failed to do so, and you have you failed to contact Ms. Clark or
myself as to the reason.
Accordingly,because of the protracted nature of this matter, you are hereby advised that failure to submit this
application by December 14,2018 will result in the issuance of Zoning Violation Tickets, which can carry fines of up to
$300 per day.
So ordered,
James D. Brandolini,
Deputy Building Commissioner
1
Brandolini, Jim
From: Gabriela <gaby-Iopes2007@hotmail.com>
Sent: Wednesday, December 5, 2018 12:17 PM
To: Brandolini, Jim
Cc: Clark, Sandi; Grylls, Mark;vonHone,Amy
Subject: Re: 28 Pawkannawkut Drive Family Day Care Home
Hello Jim. Im so Sorry i have not submitted the application yet. I was not aware that I had to send in the application by
that week because I thought you guys told me that the January hearing was a better fit. But I will be sure to send it in
before the 14th. Thank you very much.
Get Outlook for lOS
From: Brandolini,Jim <jbrandolini@yarmouth.ma.us>
Sent:Wednesday, December 5, 2018 12:13 PM
To: 'Gabriela'
Cc: Clark, Sandi; Grylls, Mark;vonHone,Amy
Subject: 28 Pawkannawkut Drive Family Day Care Home
Gabriela:
This is to serve as an official follow up to our November 16, 2018 meeting which included Sandi Clark and Assistant
Health Director, Amy van Horne. The purpose of this meeting was to provide you with assistance. concerning the
procedure for filing a Special Permit application with the Zoning Board of Appeals, for your Family Home Day
Care. During this meeting Ms. Clark and I provided you all the necessary information you would need to file this
application. This included a sample application which provided specific zoning sections and related wording. In
addition, Ms.van Horne made a special effort in providing you with pertinent information and tentative approval with
respect to your septic system. Ms. Clark was in fact holding an opening for you for the only Board of Appeals December
meeting. We also described the Board's meeting procedures and protocol.
At the conclusion of our meeting,you stated you would submit your completed application the following week(W/E
November 25, 2018). However, as today you have failed to do so, and you have you failed to contact Ms. Clark or
myself as to the reason.
Accordingly,because of the protracted nature of this matter, you are hereby advised that failure to submit this
application by December 14,2018 will result in the issuance of Zoning Violation Tickets, which can carry fines of up to
$300 per day.
So ordered,
James D. Brandolini,
Deputy Building Commissioner
1
Brandolini, Jim
From: Gabriela <gaby-Iopes2007@hotmail.com>
Sent: Thursday, December 13, 2018 8:19 AM
To: Brandolini,Jim
Cc: Clark, Sandi; Grylls, Mark; vonHone,Amy
Subject: Re: 28 Pawkannawkut Drive Family Day Care Home
Hey Jim. I was wondering if I can get the application in on Monday instead of tomorrow because im trying to get my
landlord to sign those papers but he works late everyday and it is hard for me to see him. He is off on sundays so I can
definitely get a signature then. Please let me know if that is you with you.Thank you.
Get Outlook for iOS
From:Gabriela <gaby-Iopes2007@hotmail.com>
Sent:Wednesday, December 5, 2018 12:17 PM
To: Brandolini,Jim
Cc: Clark, Sandi; Grylls, Mark;vonHone,Amy
Subject: Re: 28 Pawkannawkut Drive Family Day Care Home
Hello Jim. Im so Sorry i have not submitted the application yet. I was not aware that I had to send in the application by
that week because I thought you guys told me that the january hearing was a better fit. But I will be sure to send it in
before the 14th.Thank you very much.
Get Outlook for iOS
From: Brandolini,Jim <jbrandolini@yarmouth.ma.us>
Sent:Wednesday, December 5, 2018 12:13 PM
To: 'Gabriela'
Cc:Clark, Sandi; Grylls, Mark;vonHone,Amy
Subject: 28 Pawkannawkut Drive Family Day Care Home
Gabriela:
This is to serve as an official follow up to our November 16, 2018 meeting which included Sandi Clark and Assistant
Health Director,Amy van Horne. The purpose of this meeting was to provide you with assistance.concerning the
procedure for filing a Special Permit application with the Zoning Board of Appeals,for your Family Home Day
Care. During this meeting Ms. Clark and I provided you all the necessary information you would need to file this
application. This included a sample application which provided specific zoning sections and related wording. In
addition, Ms. van Horne made a special effort in providing you with pertinent information and tentative approval with
respect to your septic system. Ms. Clark was in fact holding an opening for you for the only Board of Appeals December
meeting. We also described the Board's meeting procedures and protocol.
At the conclusion of our meeting,you stated you would submit your completed application the following week(W/E
November 25, 2018). However, as today you have failed to do so, and you have you failed to contact Ms.Clark or
myself as to the reason.
1
Accordingly,because of the protracted nature of this matter, you are hereby advised that failure to submit this
application by December 14,2018 will result in the issuance of Zoning Violation Tickets, which can carry fines of up to
$300 per day.
So ordered,
James D. Brandolini,
Deputy Building Commissioner
2
Brandolini, Jim
From: Brandolini, Jim
Sent: Thursday, December 13, 2018 10:37 AM
To: 'Gabriela'
Cc: Clark, Sandi; Grylls, Mark;vonHone, Amy
Subject: RE: 28 Pawkannawkut Drive Family Day Care Home
Gabriela:
Monday will be fine, but no later.
Jim
From: Gabriela [mailto:gaby-Iopes2007@hotmail.com]
Sent:Thursday, December 13, 2018 8:19 AM
To: Brandolini,Jim <JBrandolini@yarmouth.ma.us>
Cc: Clark, Sandi<SClark@yarmouth.ma.us>; Grylls, Mark<mgrylls@yarmouth.ma.us>;vonHone,Amy
<AVonHone@yarmouth.ma.us>
Subject: Re: 28 Pawkannawkut Drive Family Day Care Home
Hey Jim. I was wondering if I can get the application in on Monday instead of tomorrow because im trying to get my
landlord to sign those papers but he works late everyday and it is hard for me to see him. He is off on sundays so I can
definitely get a signature then. Please let me know if that is you with you.Thank you.
Get Outlook for iOS
From:Gabriela<gaby-lopes2007@hotmail.com>
Sent:Wednesday, December 5, 2018 12:17 PM
To: Brandolini,Jim
Cc: Clark, Sandi; Grylls, Mark;vonHone,Amy
Subject: Re: 28 Pawkannawkut Drive Family Day Care Home
Hello Jim. Im so Sorry i have not submitted the application yet. I was not aware that I had to send in the application by
that week because I thought you guys told me that the january hearing was a better fit. But I will be sure to send it in
before the 14th.Thank you very much.
Get Outlook for iOS
From: Brandolini,Jim <jbrandolini@yarmouth.ma.us>
Sent: Wednesday, December 5, 2018 12:13 PM
To: 'Gabriela'
Cc:Clark, Sandi; Grylls, Mark;vonHone,Amy
Subject: 28 Pawkannawkut Drive Family Day Care Home
Gabriela:
i
This is to serve as an official follow up to our November 16, 2018 meeting which included Sandi Clark and Assistant
Health Director,Amy van Horne. The purpose of this meeting was to provide you with assistance. concerning the
procedure for filing a Special Permit application with the Zoning Board of Appeals,for your Family Home Day
Care. During this meeting Ms. Clark and I provided you all the necessary information you would need to file this
application. This included a sample application which provided specific zoning sections and related wording. In
addition, Ms.van Horne made a special effort in providing you with pertinent information and tentative approval with
respect to your septic system. Ms. Clark was in fact holding an opening for you for the only Board of Appeals December
meeting. We also described the Board's meeting procedures and protocol.
At the conclusion of our meeting,you stated you would submit your completed application the following week(W/E
November 25, 2018). However, as today you have failed to do so, and you have you failed to contact Ms. Clark or
myself as to the reason.
Accordingly, because of the protracted nature of this matter, you are hereby advised that failure to submit this
application by December 14,2018 will result in the issuance of Zoning Violation Tickets, which can carry fines of up to
$300 per day.
So ordered,
James D. Brandolini,
Deputy Building Commissioner
2
Clark, Sandi
From: Clark, Sandi
Sent: Friday,January 4, 2019 9:10 AM
To: 'Gabriela'
Subject: 01-10-19
Attachments: 01-10-19.doc; g.lopes.pdf
Hi Gaby,
Attached please find a copy of the upcoming Board of Appeals Agenda. Please forward to me pictures of the yard,
daycare area (in home)and parking. I have also attached the letters received from abutters.
If you have any questions, please feel free to contact me.
Regards,
-Sandi
1
Town of Yarmouth
Per M.G.L.: All town and school boards, committees, commissions, and authorities shall post a
notice of every meeting at least 48 hours prior to such meeting, excluding Saturdays, Sundays,
and legal holidays. Notice shall contain a listing of topics/agenda that the chair reasonably
anticipates will be discussed at the meeting.
Notice of Meetings
Name of committee, board, etc: Board of Appeals
Date of Meeting: January 10, 2019
Time: 6:00 p.m.
Place: Town Hall — Main Hearing Room
Agenda (Topics to be discussed):
PETITION #4784: Steven Hetzel, d/b/a Lewis Bay Builders, 72 Pine Cone Drive, West
Yarmouth. Property location: 18 Cruiser Lane, West Yarmouth. Map & lot#: 0023.91;
Zoning District: R-25. The applicant seeks a Special Permit under Zoning By-law
§104.3.2 for shed constructed in setback.
PETITION #4785: Gabriela Lopes, 28 Pawkannakut Drive, South Yarmouth, MA
Map & lot#: 0033.20; Zoning District: R-25. The applicant seeks a Special Permit under
Zoning By-law §202.5 (P7A) to operate home day care.
PETITION #4786: Wayne Kurker, Trustee of Hyannis Marine Service Realty
Trust, 21 Arlington Street, Hyannis, MA Map & lot#:0028.17; Zoning District: R-25.
The Applicant seeks to amend Decision #2912 and Decision #3305 or new Special
Permit under §104.3.2 and/or Variance from §202.5; §203; and §301 to: 1) remove partial
seasonal limitation on use of southern parking lot, and 2) clarify continued access over an
existing driveway from Arlington Street to the southern parking lot.
Continued from: September 13, 2018; October 25, 2018 (never opened):
PETITION #4767: Mashpee Commons Limited Partnership, 22 Steeple Street, Suite
201, Mashpee. Property location: 1186 Great Island Road, West Yarmouth. Map &
lot#: 0004.2; Zoning District: R-87. The applicant seeks a Modification to Decision #2440
to subdivide lot 35 thus creating 2 lots.
Meeting Minutes
Posted By (Name): Sandi Clark Signature: Sandi Clark
Town of Yarmouth RE EIVED
Board of Appeals
1146 Route 28 JAN 2 201r'
South Yarmouth MA 02664-4451 _
YAF:t•"')UTH
'RE: Petition 4785 Gabriela Lopes BOARD c� ;
26-28 Pawkannawkut Drive
South Yarmouth MA
Dear Sir:
I would like to go on record as being vehemently opposed to the granting of a special permit
for the operation of a day care center at the address noted.
I was under the impression that there were stringent rules and regulations with regard to the
qualifications for operating such a business. Initially there was one child dropped off, then it was
two but when there were consistent morning drop-offs and evening pick-ups I became concerned
and requested the situation be investigated.
This may look like a large home but it is actually two small apartments with an additional studio
apartment over the garage. Its very nice for a couple starting out or for a single tenant but hardly
adequate for a greater number. The housing is two level with a livingroom and kitchen on the lower
level and bedrooms upstairs. I'm unaware of the location of bathroom facilities but would feel this
would have to be a consideration where children are involved. Also the trafficking through the
kitchen would be a concern with children present and being fed. The porch (where I assume the
children would be gathered)would be questionable as far as space allocation since I don't believe
the porch even measures 12 x 12—hardly enough space to accommodate a number of bodies. As far
as the outside,there is a small fenced area with children equipment scattered about which, once
again is questionable re space/body consideration. For all these reasons I don't believe a permit should
be considered.
My final objection would be that this is a residential area and the homeowners should not
be subjected to a change of rules that would allow an invasion of a business when there are many more
available, appropriate cites within the area in which to open and operate such a business without
spoiling the surroundings of an established neighborhood. I urge you to deny this request for special
permit.
Very truly yours,
dKelley Yancey
One Wampanoag Road
South Yarmouth MA 02664
(doffeddy@verizon.net)
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P: CEIVED
JAN 2 . 20141
YARMOUTH
BOARD OF APPEALS
Clark, Sandi
From: Clark, Sandi
Sent: Monday,January 7, 2019 2:43 PM
To: 'Gabriela'
Subject: correspondence
Attachments: Correspondence received.pdf
Hi Gaby,
I have attached 2more letters received from abutters. Please don't forget to send me the photos previously requested.
Thanks,
-Sandi
1
January 4, 2019
Town of Yarmouth Board of Appeals
1146 Route 28
South Yarmouth, MA
02664
To Whom It May Concern:
Our family has owned 11 Aspinet Road for decades. We love being able to come home to this
neighborhood as a retreat from our busy lives. The neighborhood is quiet and has very little
traffic. When we are there, our children often ride their bikes in the neighborhood and as a
family, we enjoy taking walks to the beach. More cars coming in and out of the neighborhood to
drop off and pick up children at the daycare, would change this.
We care deeply about the neighborhood and are concerned about a daycare moving in down
the street. We are concerned about increased traffic and parking, as well as the increase in
noise levels. We chose to live in a residential area and do not feel as though it is the best place
for a daycare. While convenient for the homeowner who is hoping to create a business out of
his or her home, it is not convenient for those of us who live on the street.
Thank you for hearing our concerns.
Sincerely,
C___.' cLut.--,..- L 1 A et-e_t i_i--c. 2 .
Caren D. Troester
11 Aspinet Road
South Yarmouth, MA
02664
RECEIVED
JAN �7 2019
YARMOUTH
BOARD OF APPEALS
RECEIVED
TO: Town of Yarmouth Board of Appeals JAN -7 2019
FROM: April Regonlinski
YARMOUTH
33 Pawkannawkut Drive BOARD OF APPEALS
DATE: January 3,2019
RE: Petition 4785:Gabriela Lopes.26-28 Pawkannawkut Drive,South Yarmouth,Seeking a Special
Permit to Operate a Home Day Care
I'm unable to attend the public hearing on the above petition for a special permit to operate a home day
care, but I'm writing to object to the granting of the special permit. 26-28 Pawkannawkut Drive is
already a multi-unit property on a narrow residential street ending in a dirt road.The current tenants
and residents of the property already have numerous cars and trucks that congest the area.They fail to
park all of their vehicles in their several driveways and instead park them on the narrow street across
from 33 and 23 Pawkannawkut Drive. This makes it difficult for neighbors to enter and exit their
properties and for everyone to drive down the street. Additionally,my neighbor,who has cancer, has
already complained to the Board of Health because of the trash issues at 26-28 Pawkannawkut Drive.
The tenants/residents leave an overflowing trash bin on the edge of their property,where it meets the
street,across from 33 and 23 Pawkannawkut Drive. At times,the trash blows into our yards and
attracts animals. The trash bin is left out on the edge of the street 24 hours a day,7 days a week,and is
never appropriately brought back near the house. Under 105 CMR 410.600,garbage and rubbish must
be stored in water tight receptacles with tight fitting covers and garbage must be out for collection no
earlier than the day of collection. 26-28 Pawkannawkut Drive is already in violation and the granting of
a special permit for a home day care will only exacerbate the vehicle congestion and trash issues(e.g.,
numerous cars picking up and dropping off children day and night and dirty diapers and waste in the
overflowing trash bin). Granting of a special permit to 26-28 Pawkannawkut Drive will cause an undue
nuisance and congestion and will negatively affect the neighborhood. It is the burden of the applicant
to show otherwise.
I respectfully object to the granting of the special permit for a home day care.
Sincerely,
April Regonlinski, Esq.
Clark, Sandi
From: Clark, Sandi
Sent: Tuesday,January 8, 2019 11:14 AM
To: 'Gabriela'
Subject: Correspondence
Attachments: gaby lopes.pdf
Hi Gaby,
Please find attached correspondence received today.
Thank you,
-Sandi
1
Stanley W&Rosalie E Graveline RECEIVED
8&10 Pawkannawkut Drive
South Yarmouth, MA 02664 JAN -8 2019
January 4,2018
YARMOUTH
BOARD OF APPEALS
Town of Yarmouth Board of Appeals
1146 Route 28
South Yarmouth, MA 02664-4451
RE: Petition 4785 Gabriela Lopez
Dear Board Members
We have owned the home at 8&10 Pawkannawkut Drive since 1978 and became full
time residents of both addresses in August of 2017.The property has been completely
refurbished and is a beautiful comfortable home for us in our late retirement years.
We object to the special permit request to operate a day care center at 26-28
Pawkannawkut Drive as a totally inappropriate and unwelcome business in what is currently a
peaceful quiet neighborhood. It doesn't belong.
Additionally,the beginning of Pawkannawkut Drive is an unimproved dirt road with
potholes a normal condition.The increased traffic that would result from the proposed day care
would exacerbate this condition.While alternate access to the property exists,the most direct
route-and the one cited by map directories-is in front of our property.The day care operation
would clearly degrade our serene living existence.
We respectfully ask that the special permit request be rejected.We apologize for not
attending the subject hearing but will be out of town on the meeting date.
Thank you for our consi ration.
tanley W ra line
taciA,s1
Rosalie E Gravelin€C„----
Clark, Sandi
From: Clark, Sandi
Sent: Tuesday,January 8, 2019 12:29 PM
To: 'Gabriela'
Subject: RE: Correspondence
I don't vote but I can tell you that the members are very reasonable people. Your strongest voice about these
insinuations will be helpful to you and the fact that most are seasonal, road used to access your home,time of drop off
and pick up and number of cars etc.
From:Gabriela [mailto:gaby-Iopes2007@hotmail.com]
Sent:Tuesday,January 8, 2019 12:20 PM
To:Clark, Sandi<SClark@yarmouth.ma.us>
Subject: Re: Correspondence
I am not sure. believe some of them are seasonal. Because most of my neighbors leave for the winter.. But one of
them I think is year round.The one that talked about the trash can.That trash can by the way is my neighbors, mine
stays on the other side of the house. None of these really apply to me. I don't think 4 cars is going to change anything in
the neighborhood and none of these cars go through pawkannawkut road.They go through wampanoug rd
because that is where my drive way is. Ill have to explain that in the hearing but I really hope they understand that.
Get Outlook for iOS
From: Clark,Sandi<sclark@yarmouth.ma.us>
Sent:Tuesday,January 8, 2019 12:13 PM
To: 'Gabriela'
Subject: RE: Correspondence
Gaby,you need to explain your position to the Board. Also,are these people writing letters year round or seasonal
residents? I am glad that you had your vacation, keep the good feelings close and push for your business!
Ok, I will look for the pictures.
From:Gabriela [mailto:gaby-Iopes2007@hotmail.com]
Sent:Tuesday,January 8, 2019 12:06 PM
To:Clark,Sandi<SClark@yarmouth.ma.us>
Subject: Re: Correspondence
Thank you Sandy. I am so sad that people are against something so small ..There is only 4 cars coming here and they all
think its going to cause traffic. Do you thunk I even have a chance? My daycare isn't doing any harm to anyone. I got
back from vacation today. Ill will be sending you the pictures soon.Thank you again for everything you are doing.
Get Outlook for iOS
From:Clark,Sandi<sclark@yarmouth.ma.us>
Sent:Tuesday,January 8, 2019 11:14 AM
1
To: 'Gabriela'
Subject:Correspondence
Hi Gaby,
Please find attached correspondence received today.
Thank you,
-Sandi
2
Clark, Sandi
From: Clark, Sandi
Sent: Wednesday,January 9, 2019 11:05 AM
To: 'STAN GRAVELINE'
Subject: RE: Petition 4785:Gabriela lopes
Hello Mr. Graveline,
I received your letter yesterday and have included it in the Boards packets for Petition#4785. During the course of the
hearing,the Chairman will read all correspondence into the minutes.
Your letter states that you will not be able to attend the meeting. I will not be in the office on Friday,January 11th but
feel free to contact me on Monday,January 14th for the results of the hearing.
Regards,
Sandi
(508) 398-2231 x 1285
From:STAN GRAVELINE [mailto:stangraveline@icloud.com]
Sent:Wednesday,January 9, 2019 10:42 AM
To: Clark,Sandi<SClark@yarmouth.ma.us>
Cc:stan graveline<stangraveline@comcast.net>
Subject: Petition 4785:Gabriela lopes
I have sent via registered mail my objection not the cited request and am including a copy of my letter here to
be sure it arrives for todays hearing. Thank you.
Stanley W& Rosalie E Graveline
8 & 10 Pawkannawkut Drive
South Yarmouth, MA 02664
January 4, 2018
Town of Yarmouth Board of Appeals
1146 Route 28
i
South Yarmouth, MA 02664-4451
RE: Petition 4785 Gabriela Lopez
Dear Board Members
We have owned the home at 8 & 10 Pawkannawkut Drive since 1978 and became full time residents of
both addresses in August of 2017. The property has been completely refurbished and is a beautiful comfortable
home for us in our late retirement years.
We object to the special permit request to operate a day care center at 26-28 Pawkannawkut Drive as a
totally inappropriate and unwelcome business in what is currently a peaceful quiet neighborhood. It doesn't
belong.
Additionally, the beginning of Pawkannawkut Drive is an unimproved dirt road with potholes a normal
condition. The increased traffic that would result from the proposed day care would exacerbate this condition.
While alternate access to the property exists,the most direct route-and the one cited by map directories-is in
front of our property. The day care operation would clearly degrade our serene living existence.
We respectfully ask that the special permit request be rejected. We apologize for not attending the
subject hearing but will be out of town on the meeting date.
Thank you for your consideration.
Stanley W Graveline
Rosalie E Graveline
2
Brandolini, Jim
From: Brandolini, Jim
Sent: Wednesday, February 13, 2019 3:49 PM
To: 'Gabriela'
Cc: Grylls, Mark; Clark, Sandi
Subject: Board of Appeals Appeal
Gabriela:
This is to serve as a reminder that you have only twenty(20) days to appeal the Board's decision. The twentieth day is
February 18, 2019 and that day is a holiday, with Town Hall being closed. Therefore, it is imperative you file your
appeal by Friday, February 15, 2019. Should you fail to do so,this department will have to commence enforcement
action.
James D. Brandolini,
Deputy Building Commissioner
1
Grylls, Mark
From: Clark, Sandi
Sent: Tuesday,January 29, 2019 2:28 PM
To: 'Gabriela'
Cc: Grylls, Mark
Subject: 01-10-19 Decision 4785-28 Pawkannakut Drive-denial
Attachments: 01-10-19 Decision 4785-28 Pawkannakut Drive-denial.doc
Hello Gaby,
I have attached a copy of the Decision written by the Chairman of the Zoning Board of Appeals from the hearing on
January 10, 2019. Your Petition#4785 was denied by the Board. I am sending you an original of the Decision via
certified mail today,January 29, 2019. You will want the original Decision to file the appeal.
You contacted me today and indicated that you have obtained an attorney and you will be appealing this Decision. The
20 day appeal period starts today,the date the Decision was clocked in with the Town Clerk and will run through
February 18th
You should contact the Building Commissioner, Mark Grylls, (508-398-2231 x 1260)when you file the appeal so that you
don't start receiving fines.
Regards,
-Sandi
1
COPY
- IR
TOWN OF YARMOUTH
0 i :;. - y BOARD OF APPEALS
`t°4:' �, g� DECISION 0 3
r �CNE% .
FILED WITH TOWN CLERK: January 29,2019
PETITION: #4785
HEARING DATE: January 10,2019
PETITIONER: Gabriela Lopes
PROPERTY: 28 Pawkannawkut Drive, South Yarmouth
Map and Parcel: 0033.20; Zoning District: R-25
Book/Page: 29764/199
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe,Tom
Nickinello, Tom Baron and Susan Brita,Alternate.
It appearing that notice of the hearing has been given by sending notice to the petitioners and all
of those owners of property deemed to be affected thereby, and to the public by posting notice of
the hearing and published in The Register, the hearing was opened and held on the date stated
above.
The Petitioner is Gabriela Lopes who did a fine job in presenting her Petition seeking the grant
of a Special Permit under Zoning Bylaw §202.5 (P7A) in connection with her desire to run a
Family Day Care Home in a residential district (R-25) and located at 28 Pawkannakut Drive,
South Yarmouth, Massachusetts.
The Petitioner comes to the Zoning Board in response to a neighbor, who initiated a complaint,
to the Town which was received on October 4, 2018. This prompted a letter from James
Brandolini dated October 4, 2018 advising the Petitioner of her need to obtain zoning relief A
subsequent Violation Notice dated October 18, 2018 from Mr. Brandolini, Deputy Building
Commissioner, was then sent to the Petitioner who, in response to this, initiated this Petition for
grant of Special Permit.
The Petitioner indicated that she had been running a daycare at the location after obtaining her
license from the Commonwealth on 6/7/2018. She indicated that she was unaware that, in
addition, she would have to obtain a Special Permit from the Town of Yarmouth consistent with
the Bylaws relating to the Use Table.
There was significant opposition to the relief requested by the Petitioner. Several neighbors
spoke in opposition and several neighbors and interested parties provided correspondence
expressing their objection to the relief being sought by the Petitioner. The general gist of the
objections were that the neighborhood was a quiet, peaceful area of residential properties. Those
in opposition indicated that parents of children being serviced at the daycare center created
traffic that was unreasonable for the area and, in particular, the unimproved road which the
property abuts and which is the access to the daycare center. Direct abutters were most
concerned about the running of a business in this peaceful, quiet residential area. The property
for which the Special Permit was sought is directly surrounded by residential properties on
modest lot sizes. The subject property has limited driveway access and, as indicated, is serviced
by an unimproved road with defects ("potholes"). With multiple children being dropped off and
picked up within the same timeframe daily, parents have been forced to park in the middle of the
road.
Two sets of photographs were received and marked as Exhibits 1 and 2. No one spoke in favor of
the Petition other than the Petitioner.
While the Board accepted the fact that the Petitioner was licensed by the Commonwealth of
Massachusetts, that alone is not sufficient to allow this Petitioner to run this business without
Zoning Relief. In considering the criteria for the grant of Special Permit, it was the consensus of
the members that, if relief were to be granted, the relief would result in undue nuisance, and has
had congestion in this particular instance. This neighborhood consists largely of small lots, with
modest homes and with many people who have lived in the area for many years. The increase in
traffic and the close proximity to other residences of the property for which the Special Permit is
sought weighed heavily in the Board's deliberations.
After public input and board discussion and deliberations, a Motion was made by Mr. Igoe,
seconded by Ms. Brita to deny the grant of a Special Permit as sought by the Petition. On this
Motion, the Board voted unanimously in favor and, therefore, the Special Permit was denied.
Steven DeYoung, Chairman
Brandolini, Jim
From: Grylls, Mark
Sent: Tuesday,January 29, 2019 5:11 PM
To: Sears, Tim; Inkley, Brad; Brandolini,Jim; Cipro, Linda; Fallon, Rosa
Subject: FW: 01-10-19 Decision 4785-28 Pawkannakut Drive-denial
Attachments: 01-10-19 Decision 4785-28 Pawkannakut Drive-denial.doc
FYI
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES j BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508) 398-2231 x 1260
From: Clark, Sandi
Sent:Tuesday,January 29, 2019 2:28 PM
To: 'Gabriela'<gaby-Iopes2007@hotmail.com>
Cc: Grylls, Mark<mgrylls@yarmouth.ma.us>
Subject:01-10-19 Decision 4785-28 Pawkannakut Drive-denial
Hello Gaby,
I have attached a copy of the Decision written by the Chairman of the Zoning Board of Appeals from the hearing on
January 10, 2019. Your Petition#4785 was denied by the Board. I am sending you an original of the Decision via
certified mail today,January 29, 2019. You will want the original Decision to file the appeal.
You contacted me today and indicated that you have obtained an attorney and you will be appealing this Decision. The
20 day appeal period starts today, the date the Decision was clocked in with the Town Clerk and will run through
February 18tn
You should contact the Building Commissioner, Mark Grylls, (508-398-2231 x 1260)when you file the appeal so that you
don't start receiving fines.
Regards,
-Sandi
1
Brandolini, Jim
From: Brandolini,Jim
Sent: Wednesday, February 13, 2019 4:47 PM
To: 'Gabriela'
Cc: Clark, Sandi
Subject: FW: Gaby
Gabriela:
FYI --Tuesday is the final day.
Jim
From: Clark, Sandi
Sent:Wednesday, February 13, 2019 2:16 PM
To: Brandolini,Jim <JBrandolini@yarmouth.ma.us>
Subject: Gaby
Hi Jim,
The appeal expires on February 19th (end of day)....
-Sandi
1
Brandolini, Jim
From: Clark, Sandi
Sent: Monday,January 14, 2019 2:38 PM
To: 'Gabriela'
Cc: Grylls, Mark
Subject: 28 Pawkannakut Drive
Hello Gaby,
I spoke with the Building Commissioner, Mark Grylls, regarding questions you raised regarding the denial of your day
care at the Zoning Board of Appeals meeting on January 10th
The steps that you will need to take are to send Mark Grylls, Building Commissioner, a written letter(also send an e-mail
of the letter) indicating that once the Decision has been received you intend to Appeal it. You must Appeal within 20
days and notify Mr. Grylls that you have taken out an Appeal. It is our understanding that the only way to return to the
Board of Appeals is if the court remands it back. We recommend you confirm with an attorney before proceeding with
the appeals process.
If these steps are adhered to,you will be able to continue use of the day care until the written Decision has been filed
and Appealed.
Thank you,
-Sandi
1