HomeMy WebLinkAboutBOA #5196 P.k 37343 F' 1 5 5091 1
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FILED WITH TOWN CLERK: November 18, 2025
PETITION NO: 5196
HEARING DATE: October 9, 2025
PETITIONER: 173 Route 6A, LLC and Gregory C. Bilezikian
PROPERTY OWNER: 173 Route 6A, LLC
PROPERTY LOCATION: 173 Route 6A, Yarmouth Port, MA
Map 122, Parcel 120
Zoning District: R-40 and B-1
Title: Book 34285, Page 56
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni,
Barbara Murphy, and Tim Scanlan
Notice of the hearing was 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 was held on the date stated above.
The petitioner is 173 Route 6A, LLC and Gregory C. Bilezikian, who seeks relief in connection
with property at 173 Route 6A, Yarmouth Port, MA. The property contains 20,909 square feet of
area and is located in the R-40 and B-1 zoning districts. The petitioner seeks a Variance from
§303.5.2 for the size and advertising logo on a 3.11 square-foot, on-premise directional sign.
Due to the popularity of a coffee drink sold at Lighthouse Keeper's Pantry, the Petitioner
testified that business has increased 100% on a daily basis. However, the Petitioner has not hired
an employee to direct traffic nor asked the Yarmouth Police if he should hire a detail.
Instead, the Yarmouth Police have used megaphones and tickets to compel customers to move
their cars, and the Commonwealth of Massachusetts has installed a"no parking" sign in front of
the property on Route 6A. Yet, customers still park in the"no parking" zone.
Chairman Igoe questioned if granting the relief would solve the parking problem and if further
relief should have been requested.
No one spoke in favor of or in opposition to the petition and no new exhibits were eceived.
A TRUE COPY 'TEST:
CMM t VAC/TOWN CLERK
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After much discussion, while all Board Members would have preferred a smaller directional
sign, a majority of the Board agreed that the proposed sign was acceptable in order to direct
customers to the parking area behind the Lighthouse Keeper's Pantry.
Accordingly, a motion was made by Mr. Scanlan, and seconded by Mr. Mantoni, to grant the
Variance as requested. The members voted as follows: Mr. Martin: AYE; Mr. Mantoni: AYE;
Ms. Murphy: AYE; Mr. Scanlan: AYE; Chairman Igoe: NAY. The motion was voted 4 in favor
and 1 against. Therefore, the Variance 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, a
Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See
MGL c40A § 10)
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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 #5196 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.
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Mary A. Maslowski, MMC, CMMC
DEC - 9 2025
A TRUE COPY ATTEST:
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CM 1C / CMC /TOWN CLERK
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/61. Y44 .% COMMONWEALTH OF MASSACHUSETTS
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Petition#: 5196 Date: December 9, 2025
Certificate of Granting of a Variance
(General Laws Chapter 40A, Section 10)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been
granted to:
PETITIONER: 173 Route 6A, LLC and Gregory C. Bilezikian
PROPERTY OWNER: 173 Route 6A,LLC
Affecting the rights of the owner with respect to land or buildings at: 173 Route 6A,Yarmouth Port,MA;
Map 122, Parcel 120; Zoning District: R-40 and B-1; Title: Book 34285, Page 56 and the said Board of
Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said
Variance, 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 Variance, 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.
-(sirmc,.....----7
Sean Igoe, Chairman
A TRUE COPY ATTEST:
BARNSTABLE REGISTRY OF DEEDSht-44d-WU-44044
John F. Meade, Register CMMO I CMC/TOWN CLERK