HomeMy WebLinkAbout5071 144 W Yarmouth Rd Decision RecordedM
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
February 22, 2024
5071
January 25, 2024
Jessica Schenkel Roos
Lucas R. Vieira
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 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 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;nutside the
house; and 3) photos that show parking spaces, all areas where children willivd, use
(including exits),and the backyard with fence and play area.€
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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-
9 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)
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_
Mary A. Maslowski, CMC;
MAR 18 20��4
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Petition #: 5071
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
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.
Sean Igoe, Vice Chair
BARNSTABLE REGISTRY OF DEEN
Jahn F. Meade, Register
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