HomeMy WebLinkAbout5070 48 Butler Ave Decision Certified 02.22.24FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
February 22, 2024
5070
January 25, 2024
Gabrielli dos Santos Rigo
Helder Barbosa Pinheiro
PROPERTY: 48 Butler Avenue, West Yarmouth, MA
Map 39, Parcel 91
Zoning District: R-25
Title: Book 35844, Page 54
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni, and
Barbara Murphy.
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 is Gabrielli dos Santos Rigo who seeks relief with respect to property located at 48
Butler Avenue, West Yarmouth, Massachusetts, which property is located in an R-25 zoning district.
The property contains 15,246 square feet of area.
The Petitioner seeks a Special Permit per §202.5, P7A Use, to allow a family day care for up to 6
children. The Petitioner lives with her husband and has two school -age children. She has had a
Massachusetts daycare license at this location since March 2023.
At the initial hearing on January 11, 2024, there was one letter of opposition with concerns about
a daycare adding more noise and traffic, and there was one attendee who spoke in favor of the
petition.
The Petitioner was granted a continuance and signed an extension agreement to the January 25,
2024 hearing, so that the Petitioner could provide additional information to the Board: 1) a copy
of the Massachusetts daycare license; 2) diagram of where children will be inside and outside the
house; and 3) photos that show parking spaces, all areas where children will be in the house
(including exits), and the backyard with fence and play area.
A TRUE COPY ATTEST
�MM �R - &&/x�
1 TOWN CL
182024
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5070 Date: March 14, 2024
Certificate of Grantine 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:
PETITIONER: Gabrielli dos Santos Rigo
PROPERTY OWNER: Helder Barbosa Pinheiro
Affecting the rights of the owner with respect to land or buildings at: 48 Butler Avenue, West Yarmouth, MA;
Map 39, Parcel 91; Zoning District: R-25; Title: Book 35844, Page 54 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.
Sean Igoe, Vice Chair
A TRUE COPY ATTEST,
' &46txc�
V'C / TOWN CLERK
MAR 18 2024