HomeMy WebLinkAbout5226 189 Center St Decision TC 05.07.26YARMOUTH TOWN CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
May 7, 2026
5226
April 23, 2026
Kiley Owen
Kelly McGuill, Trustee of the
K. Farrington-McGuill Family Trust
189 Center Street, Yarmouth Port, MA
Map & Parcel: 140.34
Zoning District: R-40 and Old King's Highway
Historic District
Book 36669, Page 60
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, 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 as stated above.
The petitioner is Kiley Owen who seeks relief concerning property located at 189 Center Street,
Yarmouth Port, Massachusetts, which property is in a R-40 zoning district and the Old King's
Highway Historic District. The property contains —2.29 acres of area.
The petitioner requests a Variance from §202.5 for H-11 Use (Miscellaneous Retail) to hold a
one -day event for the display and sale of local artists' work. The four (4) artists include the
petitioner's mother, the petitioner's sister, and two friends of the petitioner's sister.
While the petitioner expressed a desire for an annual event, the Board was willing to consider a
one-time Variance only, suggesting that the petitioner seek locations that require no zoning relief
or a Special Permit for any future events.
The proposal is for a one -day event on September 12, 2026, with a rain date of September 19,
2026, if necessary. The event will be open to the public from 2:00 PM to 6:00 PM and a total of
40-60 attendees are expected during the event.
For the event, no admission fee is charged; food and beverage are complimentary; and volunteers
will guide attendees to parking at the rear of the lot.
Because no signage for the event will be placed on the property, approval is not required from
the Old King's Highway Historic District Committee.
Based on the above and testimony received at the hearing, the Board found that, with certain
conditions, the event may be conducted as represented without substantial detriment to the public
good; or nullifying or substantially derogating from the intent or purpose of the zoning bylaw.
Accordingly, a motion was made by Mr. Panebianco, seconded by Mr. Mantoni, to grant a
one-time Variance, subject to the following conditions:
1. This Variance is granted for a singlc-day event occurring within the 2026 calendar year;
2. No signage shall be allowed; and
3. The petitioner shall secure all other permits and permissions required for the event.
The members voted as follows: Mr. Mantoni-AYE; Ms. Murphy -AYE; Mr. Panebianco-AYE;
Chairman Igoe -AYE. The motion was voted 4-0 in favor. Therefore, the one-time Variance 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 noticeidecision 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)
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 #5226 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, MMC, CMMC