HomeMy WebLinkAbout5199 228 Route 28 Withdrawn Memo TC 01.13.26YARMOUTH TOWN CLERK RE
,FRIG 13'26 PK2:54
TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5199
January 13, 2026
MEMBERS SITTING (October 23, 2025 hearing): Chairman Sean Igoe, Dick Martin, John
Mantoni, Barbara Murphy, and Dick Neitz
PETITION 5199: Michelle Jean Baptiste dba Cape Bloom Floral Design. Property Location: 228
Route 28, West Yarmouth, MA. Map & Lot #: 37.148. Zoning District: B-2. The Applicant seeks to
modify Decision 45173 dated May 5, 2025 and/or a Variance from §202.5, Footnote 2 for H-1, H-2, and
H-11 use in a B-2 zoning district to conduct the temporary and seasonal sale of plants and holiday crafts
outside a building. The Applicant requests a waiver from the requirement for a certified site. -'plot plan less
than two years old.
The petitioner is requesting to sell plants on the vacant lot from November 8, 2025 through December 28,
2025. Hours of operation would be 9am-6pm on Saturdays and Sundays. In addition, the petitioner would
like to engage with 15 to 20 local vendors who would sell holiday crafts, such as wreaths and ornaments.
The petitioner would be a temporary tenant at the property which had been the site of a restaurant. The
property is improved with the concrete slab from the former building and a large, paved parking field.
Earlier this year, the Board had granted a temporary Variance for the petitioner to sell plants at this
property from May 1, 2025 through September 30, 2025.
However, the Board was not in support of granting another temporary Variance. The Board would like to
see a permanent business at this property with a building constructed on the site and site upgrades, such as
a paved driveway, buffers, and delineated parking spaces.
Without the Board's support for the petition, the petitioner asked to withdraw the request for relief
without prejudice.
A motion was made by Mr. Neitz, and seconded by Mr. Mantoni, to allow the petitioner to withdraw the
request for relief without prejudice. The members voted as follows: Mr. Martin: AYE; Mr. Neitz: AYE;
Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. The
request for relief was withdrawn without prejudice.
Sean Igoe, Chairman