HomeMy WebLinkAbout5160 34 Hoover Rd Decision Certified 03.19.25YARMOUTH TOWN CLERK RE
MAR 1-9'25 AMIO:07
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
March 19, 2025
5160
February 27, 2025
Winifer M. Ortiz Martinez
dba Winifer M. Ortiz Home Daycare
Winifer M. Ortiz Martinez and Henry A. Minier Jerez
PROPERTY: 34 Hoover Road, West Yarmouth, MA
Map 63, Parcel 40
Zoning District: R-40, APD & Zone II
Document #1412924
Certificate #224540
Land Court Lot #17, Plan #33983-B
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie,
Barbara Murphy, and Dick Neitz.
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 Winifer M. Ortiz Home Daycare who seeks relief with respect to property
located at 34 Hoover Road, West Yarmouth, Massachusetts, which property is located in an R-40
zoning district. The property contains 14,378 square feet of area.
The petitioner seeks a Special Permit per §202.5, P7A Use, to allow a family daycare for up to 6
children. A Massachusetts daycare license was issued for this property address on June 15, 2023.
The petitioner testified that she has clients lined up, but has not yet started her business.
The petitioner lives with her husband and two children. The older child attends kindergarten for
the full day and the younger child is at home during the day.
The Board expressed safety concerns about children in the backyard which is partially fenced.
A TRUE COPY ATTEST:
! P G / T9OI�fN. ERK
A motion was made by Mr. Martin, seconded by Mr. Fraprie, to grant the Special Permit with
conditions:
1) Special Permit is restricted to this individual at this location for up to 6 children in the
daycare. The daycare total includes one of the petitioner's children;
2) Hours of operation: Monday -Friday, 7am-5pm;
3) Children only allowed outside within the fenced -in area; and
4) The petitioner must return to the Board for a one-year review.
On a voice vote (5-0), 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 noticee'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, Chairman
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 #5160 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, CMMAC�RCM 2025
A TRUE COPY ATTEST:
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C CMC 1 TOWN C RK
APR - 9 Z02
COMMONWEALTH OF MASSACHUSETTS
V��
TOWN OF YARMOUTH
C BOARD OF APPEALS
Petition #: 5160 Date: April 9, 2025
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: Winifer M. Ortiz Martinez dba Winifer M. Ortiz Home Daycare
PROPERTY OWNER: Winifer M. Ortiz Martinez and Henry A. Minier Jerez
Affecting the rights of the owner with respect to land or buildings at: 34 Hoover Road, West Yarmouth, MA;
Map 63, Parcel 40; Zoning District: R-40, APD & Zone II; Document #1412924; Certificate #224540;
Land Court Lot #17, Plan #33983-B 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 CIerk that
twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
has been fled 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, Chairman
A TRUE COPY ATrEST-
UMV0 r6me I TOWN CLERK
APR - 9 2025