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HomeMy WebLinkAbout5083 28 Mirror Brook Rd Decision RecordedFILED WITH TOWN CLERK: PETITION NO: a HEARING DATE: PETITIONER: (� PROPERTY: D0c=1►498s945 03-21-2024 1021 BARNSTABLE LAND COURT REGISTRY TOWN OF YARMOUTH BOARD OF APPEALS `247-E�22 =0:1; DECISION February 22, 2024 5083 February 8, 2024 Jennifer Maria Estevez-Martinez 28 Mirror Brook Road, West Yarmouth, MA Map 58, Parcel 346 Zoning District: R40 Land Court Lot #49, Plan #30561 B Certificate of Title #224591 MEMBERS PRESENT AND VOTING: Vice Chair Seam Igoe, Jay Fraprie, John Mantoni, 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 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. &Y- •F� 4, 1 / �c,iz. F (CV iiiii L'1.L.f'%K KQ 11. 8 AN 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 matte 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 WA §9) Sean Igoe, Vice Chair CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, Town Cleric, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision W83 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. YAaslowski, CMC MAR 18 20 A TRUE CQPY ATTEST #A MAR 18 2024 Petition #: 5083 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: 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: R40; 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 registerin_g,,shall be paid by the owner or applicant. C Sean Igoe, Vice Chair aREGISTRRaY OFDEEDS A TRUE COPY, ATTEST JOHN F. MEADE REGISTER BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register A TRUE Copy ATTEST.