HomeMy WebLinkAbout5226 189 Center St Decision Recorded 05.07.26rtiKnuu i tl [ uWCA k@Lxj-, \ tGC.
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
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
PROPERTY: 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 Manton!, 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-I I 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. ,,r`
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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 single -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 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)
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.
i
Mary A. Maslowski, MMC; CMMC
MAY 2 8 2826
A 7PW4Wy ATTEST.
Petition #: 5226
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: May 28, 2026
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: Kiley Owen
PROPERTY OWNER: Kelly McGuK Trustee of the K. Farrington-McGuM Family Trust
Affecting the rights of the owner with respect to land or buildings at: 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 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 I I (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.
Sean Igoe, Chairman
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Re§Stex
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