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HomeMy WebLinkAbout10-14-21 Decision 4921 - 17 Witchwood Roade _. ?; ;ram '� =L4 - REC FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION November 3, 2021 4921 October 14, 2021 Gilvania Maria Pereira Paiva PROPERTY: 17 Witchwood Road, South Yarmouth, MA Map 68, Parcel 191 Zoning District: R-40 Title: Book 32381, Page 110 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard Martin, Jay Fraprie and Tom Baron 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 Register, the hearing opened and held on the date stated above. The applicant is Gilvania Maria Pereira Paiva who seeks a Special Permit pursuant to By -Law §202.5 in order to permit the operation of a family day care within a residential unit. The Petitioner did a fine job in presenting her request for relief in connection with the property located at 17 Witchwood Road, South Yarmouth, MA, which is located in the R-40 Zoning District. The request for the opportunity to use this property as a family day care requires a Special Permit pursuant to the Use Code designation P-7 A. The Petitioner presented evidence that there are designated areas in which the daycare will be conducted within the home that appeared satisfactory. The Petitioner submitted copies of her license from the Commonwealth of Massachusetts allowing for up to 6 children to be in attendance, letters of recommendation/support and photographs of the interior and exterior of the home. The home has adequate driveway space in order to permit cars to enter and leave safely when dropping off/picking up children. The petitioner explained that not all children arrive at the same time nor depart at the same time. The Board was in agreement that the relief, if granted, would cause no undue nuisance, hazard or congestion to the neighborhood, and that there will be no detriment to the character of the neighborhood or town both now and in the future. Recognizing that the availability of daycare is critical to many parents, it was the Board's opinion that the grant of relief would be a benefit to the community by making more daycare available to working parents. Though the hours of A RUE COPY ATTEST: C:MIIs� ' NOV3 0 2021 operation were reported by the Petitioner to be 7 AM to 5 PM, Monday through Friday only, in order to assist in staggering pickup/drop-off times, it was suggested and accepted by the Board that the hours of operation be allowed to extend from 7 AM to 6 PM, Monday through Friday only. This was made an express condition of the grant of relief, i.e., that the hours of operation of the daycare be from 7 AM to 6 PM Monday through Friday only, and that the Petitioner endeavor to stagger drop-off and pickup times for the children. A motion was made by Mr. Martin, seconded by Mr. Baron to grant the Special Permit on the conditions as so set forth. The motion passed unanimously and the Special Permit with the stated conditions was, therefore, granted. 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) Steven DeYoung, 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 #4921 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 NOV 3 0 2021 A TRUE COPY ATTEST Two Vat NOV 3 0 2011 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 4921 Date. November 24, 2021 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: Gilvania Maria Pereira Paiva 17 Witchwood Road South Yarmouth, MA 02664 Affecting the rights of the owner with respect to land or buildings at: 17 Witchwood Road, South Yarmouth, MA; Map & lot#: 68.191; Zoning District: R-40; Book/Page: 32381/110 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 grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. "*q� T584q��- Steven S. DeYoung, Chairman A TRUE COPY ATTEST. L Fkj (:M11!r TOW Cl-�� NOV 3 0 2021