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Home My WebLink AboutZoning Determination - Estevez 1824 y a in g 7D O0arat- of Y TOWN OF YARMOUTH BUILDING R E C F 1 V F. D } o DEPARTMENT _ 0' 1146 Route 28,South Yarmouth,MA,02664 JAN 08 2024 (508)398-2231 ext.1261 Fax:(508)398-0836 . BUILDING DEPARTMENT ZONING DETERMINATION FOR BUSINESS CERTIFICATE APPLICATION The purpose of this form is to determine if your business complies with the Town of Yarmouth Zoning Bylaw.The applicant shall complete the top section of this form and file it with the Building Department. Once the Building Department has made a determination,it will be forwarded to the Town Clerk.Please have your tax identification number and/or your social security number available when completing the application process with the Town Clerk. The Building Department will render a determination based on the following factors:(a)The business/use,activity,(b)The zoning district in which the business is to be located.Allowed uses are based on Zoning Bylaw Table 202.5 and(c)previous or new zoning relieffrom the Zoning Board of Appeals. Date:'. )f11' 202►1 Telephone: Till -tO -0 2-9,b Business Address: ?6 mt "c, 'C �V - b TOO K Rd -A bosi,lA ( tl `ice i 7 CZt,`�3 Name of Applicant: \tflX\1 ED 1VOc--� DBA: R1Ou ]s Mailing Address: 29‘ ;1 cWcJ V � Cuta. t `MO fad Description of Business Activity: \C.,t tr -k()'(y1� The applicant acknowledges that a determination will be made by the Buildingg.Department based on the information provided on this date.Any changes in the business use and/or activity will require additional approval. The applicant agrees to abide by all conditions referred to below. Failure to do so may result in the revocation of the Business Certificate and/or appropriate Zoning Enforceme ,sho Id it be det .',ed that the changes are non-compliant Applicant's Signature: Date: 3-}t-1— 'Z-B7 -U 2-96, Building Department Determination Approved:Comments and Conditions / bov z' RE-d‹, Disapproved:Comments and Conditions Building Official's Signature: Date: 414ir /z /2 y rA; ,e.: . TOWN OF Y • ARMOUTH BUILDING DEPARTMENT J �` 1146 Route 28,South Yarmouth,MA, 02664 (508)398-2231 ext..1261 Fax:.(508)398-0836 • • ZONING DETERMINATION FOR BUSINESS CE._.. The Purpose of this form is to determine if your business complies APPLICATION • 'shall complete'the top section of this form and file it with with the Town m Yarmouth Zoning Bylaw. The Department applic a determination,it will be forwarded to the Town Cl Department. Once the Building • ��h'number available when completing the Please with theave Townr n identificationlerk. number and/or yourn application process Clerk. The Building Department will render a determination zoning l ding to wrtm the based on the following factors: (a) The business/use, activity, or new zoningreli business be located Alloweduses are based on Zoning Bylaw Table 202.S and(c �ev)io elfrom the Zoning Board ojAppeals, )p .• Date: ._, . 01 20 • • • �� , Telephone:--�C `L - 2 o % —O c/. Business Address: . l u C . ` u 1 ,R `j Name Of li — U m d' B App cant: o�� • c- �' U DBA: IA ' s'l,L.c, ?\C 1 . • Mailing Address: `K C-C1; J`�0� C<e . use-o+ c ff\oA.) vi 0z6` 'rYl Description of Business Activity: • The applicant acknowledges that a provided on this date. Anyinnatio be made by the Building n.will clu igesbusiness use and/or,activity willre motional pp based on the information appropriate Zoning . . . Failure o so may result in additional approval. The a licant a Enforcement it be de the revocation of the Business Certificate and/or � .' 7 � ed that the changes are non-compliant. Applicant's Signature: « i' Date: 1 / �� Z�Z Building Department Determination DApproved:Comments and Conditions • • Dis approved: Comments and Conditions Building Official's Signature: • Date: Do c s 1 , 498 , 945 03-21-2024 1 :21 BARNSTABLE LAND COURT REGISTRY . . TOWN OF YARMOUTH .. ._ BOARD OF APPEALS _ �. _..,a ,f,,..M 0 - DECISION E D FILED 'WITH TOWN CLERK: February 22, 2024 rRECE PETITION NO: 5083 k MAR 25 2024 HEARING DATE: February 8, 20243 - �`' PETITIONER: Jennifer Maria Estevez-Martinez PROPERTY: 28 Mirror Brook Road, West Yarmouth, MA ORP Map 58, Parcel 346 Zoning District: R-40 Land Court Lot #49, Plan #30561-B Certificate of Title #224591 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni, NI\ Barbara Murphy and Anthony Panebianco. 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 Jennifer Estevez-Martinez who seeks relief with respect to property located at 410 28 Mirror Brook Road, West Yarmouth, Massachusetts, which property is located in an R-40 zoning district. The property contains 12,632 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 mother and her 23-year-old brother. The Petitioner testified that the state's licensing authority conducted a background check on the Petitioner, her mother and her brother. She has had a Massachusetts daycare license at this location since February 2023. The Petitioner's mother is a certified assistant for daycare. The Petitioner provided the following 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. The Petitioner confirmed that the state's licensing authority conducted a progress visit on February 6, 2024 and the outdoor space meets the requirements for a play area. A TRUE COPY ATTEST: .ff/A44x,(44 MAR 1- 8 2024 The Board received letters from abutters who were concerned about loud music late at night.The Petitioner confirmed that the police came to the house once about a noise complaint a year ago, but said she has a 9-month-old now,so they no longer play loud music. Vice Chair Sean Igoe cautioned the Petitioner that if the Special Permit is approved,conditions would include a one-year review.If the police are called to the house,then the Board may vote to revoke the Special Permit. A motion was made by Mr.Panebianco and seconded by Mr.Fraprie to approve the Special Permit with the following conditions: • Special Permit is restricted to this individual at this location for up to 6 children in the daycare.The daycare total includes the Petitioner's child. • Hours of operation:Monday-Friday,7am-5pm. • The Petitioner must return to the Board for a one-year review. The members voted unanimously in favor of the motion. 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) Sean Igoe,Vice Chair 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#5083 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. aslowski,CMC MAR 18 2024 A TRUE COPY ATTEST l'`44iii i:lJli,l(U4v�ti LL=t:i( MAR 1 8 2024 ry COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH c BOARD OF APPEALS r y �; - tr�ReKE� Petition#: 5083 Date: March 14,2024 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: Jennifer Maria Estevez-Martinez Affecting the rights of the owner with respect to land or buildings at: 28 Mirror Brook Road,West Yarmouth, MA;Map 58,Parcel 346; Zoning District: R-40; Land Court Lot#49,Plan#30561-B; Certificate of Title #224591 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 registerkkg,shall be paid by the owner or applicant. s Sean Igoe,Vice Chair A TRUE COPY EST: SARNSTASLE COUNTY \ BARNSTABLE REGISTRY OF DEEDS REGISTRY DEEDS John F. Meade, Register A TRUE COPYY,,ATTEST ( tear ill`2624- t-LzfZK JOHN F.MEADE REGISTER