HomeMy WebLinkAbout1-13-22 Decision 4927 - 75 Lewis Rd, 83A Lewis Rd RecordedPk 34922 F':9 1 1 9 '®r i 53.J
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TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: January 27, 2022
PETITION NO: 4927
HEARING DATE: January 13, 2022
PETITIONER: Fabiane Evangelista Lima Paiva
PROPERTY: 75 Lewis Road;
83A Lewis Road, West Yarmouth, MA
Map 22, Parcel 85
Zoning District: R-25
Title: Book 13228, Page 235
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Mr. Igoe, Mr. Fraprie and
Mr. Martin
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 seeks a Special Permit under By -Law Section 202.5, relating to Use Table
designation P7-A which requires that approval of a Family Day Care Home may be permitted in
residential zones by permit issued by the Board of Appeals. The property location which the
Petitioner seeks to use for purposes of a Family Day Care is located at 83A Lewis Road which
property is in an R-25 zoning district. The Petitioner was well represented by Ms. Stephanie
Lima, who translated for the Petitioner, Ms. Paiva.
The Petitioner seeks the relief from the Board as a result of her having been served
with a Violation Notice dated October 15, 2021 from the Town of Yarmouth, Office of the
Building Commissioner. Noteworthy is that upon receipt of the notification, the Petitioner
immediately began the process of seeking appropriate authorization. She provided the Board
with a License to Provide Family Child Care Services issued by the Commonwealth of
Massachusetts, Department of Early Education and Care. The license was dated August 24, 2021
and provides for a total capacity at the Petitioner's location of b children. As well, the Petitioner
provided proof of her training and education in childcare and of her completion of a First Aid
Course and a CPR course. The Board had multiple letters in support of the Petition along with a
letter in opposition from A. Thomas DeMaio.
A TRUE COPY ATTEST:
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The Board discussed the fact that the neighborhood is somewhat congested but that
with conditions appropriately added to the grant of a Special Permit, the issue of extra traffic in
the neighborhood would be obviated. Accordingly, a motion was made by Mr. Igoe, seconded by
Mr. Martin to approve the grant of the Special Permit after finding that the relief would create no
undue nuisance, hazard, or congestion to the neighborhood, nor affect the present or future
character of the neighborhood or of the town. On the motion made by Mr. Igoe, to condition the
grant as follows: 1) that there be 6 children only at the daycare at any one time; 2) that the hours
of operation be from 7 AM to 5 PM Monday through Friday during the months of November
through the end of April annually, and that during the months of May through October the
daycare could also be open on Saturdays from 7 AM to 5 PM; 3) that the Petitioner is to require
that parents come at differing, staggered specific times for both drop-off and pickup of their
children so that only one child's parent would be there at any one time and so as to reduce
traffic; 4) that the children be walked to the door of the daycare by either a parent or a daycare
employee; and, 5) the Petitioner must come back for a one-year review. On this motion and with
these conditions, the vote of the Board was 4-0 in favor 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
I, 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 44927 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 FEB 18 2022
BARNSTABLE RMSTRY OF DEEDS
John R Meade., Register
A TRUE COPY ATTEST:
,f� 2022
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4927 Date: February 17, 2022
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:
Fabiane Evangelista Lima Paiva
75 Lewis Road;
83A Lewis Road
West Yarmouth, MA 02673
Affecting the rights of the owner with respect to land or buildings at: 75 Lewis Road; 83A Lewis Road, West
Yarmouth, MA; Map #: 22 and Parcel #: 85; Zoning District: R-25; Book/Page: 13228/235 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.
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Steven S. DeYoung, Chairman
A TRUE COPY ATTEST;
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