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Home My WebLink AboutBOA # 5071 Bk 36288 P9239 011723 03-29-2024- a 41 a 580 YA� €tT€1 TOWN CLERK TOWN OF YARMOUTH C BOARD OF APPEALS �... a DECISION , H r4 i1I FILED WITH TOWN CLERK: February 22,2024 R E C E� IIV,F D PETITION NO: 5071 MAR 2 5 2024 HEARING DATE: January 25,2024 BUILDING DEPARTMENT By: PETITIONER: Jessica Schenkel Roos PROPERTY OWNER: Lucas R.Vieira PROPERTY: 144 West Yarmouth Road,West Yarmouth,MA Map 39,Parcel 111 Zoning District:R-25 Title: Book 32581,Page 1 MEMBERS PRESENT AND VOTING:Vice Chair Sean Igoe,Jay Fraprie,John Manton!,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 Jessica Schenkel Roos who seeks relief with respect to property located at 144 West.Yarmouth Road,West Yarmouth,Massachusetts,which property is located in an R-25 zoning district.The property contains 15,970 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 young 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 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 wlrl �t z i and the backyard with fence and play area. �t�i� "h 4 ; . (including exits), ky t lI 11 f1.. x • 9l+4bICg+. rJJ,tyt y��zq S1, • • J Bk 36288 Pg240 #11723 At both hearings,the Petitioner was present with Beatriz de Melo serving as interpreter. Currently,the daycare has a total of four children. The daycare total includes the Petitioner's two-year-old daughter. The Petitioner lives in a duplex. Her half of the backyard is fenced and has a play area with synthetic grass. There is parking for 5-6 cars in the driveway. A motion was made by Mr. Fraprie and seconded by Mr.Mantoni 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 two children. • Hours of operation: Monday-Friday,7am-5pm. • Child drop-offs and pickups must be in the driveway only. • The Petitioner must return to the Board for a one-year review.The Board might consider the daycare total to exclude her own children. On a voice vote(4-0),the request for Special Permit,with the stated conditions,was approved. 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) C—S'Zf' 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#5071 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. Yke-04,4) • -W14/044 Mary A. Maslowski, CMC, 1 $ 26Z4 toR j # A I�¢H �- . 4,- r <7 / ' Bk 36288 Pg241 #11723 .cif.Yq COMMONWEALTH OF MASSACHUSETTS A TOWN OF YARMOUTH BOARD OF APPEALS , ` Y Petition#: 5071 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: PETITIONER:Jessica Schenkel Roos PROPERTY OWNER: Lucas R.Vieira Affecting the rights of the owner with respect to land or buildings at: 144 West Yarmouth Road,West Yarmouth,MA;Map 39,Parcel 111;Zoning District: R 25; Title: Book 32581,Page 1 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. '-SZ Sean Igoe,Vice Chair ,; •, •ES1 BARNSTABLE REGISTRY OF DEEDS t ` :; '= o• -Y , John F. Meade, Register —' (=i - gAt-ir i-r�EiL.F66-6?�it"Y ►1 •�. M 7_e 7 +�.CLERK REG i MY Ct ri-ma y A 1 Ftt,E COPY,r11"GE.s, ��r rat c 1R ,,1 2024 .inHrJ ME;1^,,:,i;,i;.r.,:as