One-Year Variance Greenlights September Art Show at Historic Yarmouthport Barn

Key Points

  • Zoning Board grants one-year temporary variance for a residential art show at 189 Center Street
  • Bank sign height variance approved for Route 6A property citing unique lot shape and financial hardship
  • Southshore Drive ridge height increase permitted with strict "no further development" condition to protect green space
  • Witchwood Road ADU proposal withdrawn following board concerns over setbacks and septic capacity
  • Board Chair emphasizes that variances require specific hardship criteria rather than simple "good ideas"

A plan to transform a Yarmouthport barn into a one-day community art hub moved forward as the Zoning Board of Appeals granted a temporary variance for a September event. Kylie Owen, representing a family of artists, sought relief to host four local creators at 189 Center Street, a property located within the residential R40 zoning district where retail activity is typically prohibited. Owen explained that the event, planned for September 12 with a rain date of September 19, would feature local artwork, complimentary refreshments, and on-site parking managed by volunteers.

The board initially wrestled with the permanence of a variance in a residential neighborhood. Chair Sean Igoe noted, A variance allows you to, for lack of a better word, break the law if you meet certain criteria like hardship. I'm not quite sure if you qualify for a variance. However, members were open to a trial run for the community-oriented project. B. Murphy expressed concerns regarding logistics, stating, I'm concerned with potential traffic, but as a one-time event, I could support it. Owen assured the board that neighbors were supportive and that the expected 40 to 60 attendees would arrive throughout the eight-hour window. J. Mantoni suggested a compromise, noting that a one-time deal gives you time to plan for next year. Motion Made by A. Panebianco to approve for a one-year variance for the year 2026 only as requested. Motion Passed (4-0-0).

In other business, the board addressed an oversized sign at Cape and Coast Bank located at 121 Route 6A. Joseph Scott of Cape and Island Signs requested a variance for an attached sign measuring 46 inches tall, nearly double the 24-inch limit allowed by local bylaws. Scott explained the sign was already installed after Old Kings Highway approved the design, but the height restriction was overlooked. If we shrunk it to 2 feet, the letters would be so small they wouldn't be legible, Scott said, noting it would cost up to $6,000 to replace the installation. A. Panebianco supported the relief, stating, I drive by it all the time and the size doesn't bother me. I would base the variance on the uniqueness of the shape of the property, lot, and building structures. Motion Made by A. Panebianco to approve the variance for the sign height as requested. Motion Passed (4-0-0).

The board also approved a request by Laravel Santos to increase the ridge height of a non-conforming structure at 96 Southshore Drive from 14 to 17 feet. Santos described the project as a summer thing aimed at squaring off an existing accessory dwelling unit. Surveyor David Saddowski clarified that while the property is near its limit for septic capacity, the field is rated for the four bedrooms currently on site. A. Panebianco pushed for protections against future density on the 13.1% covered lot, stating, I'm not interested in seeing future development that takes away green space. The board ultimately tied the approval to a strict preservation of existing open space. Motion Made by A. Panebianco to approve the special permit as requested with the condition that there be no further coverage of the lot. Motion Passed (4-0-0).

A proposal for a new accessory dwelling unit (ADU) at 71 Witchwood Road hit a procedural snag. Donna Anderson sought to expand a 157-square-foot shed into a home for her mother, but the board found the plans lacked necessary detail and failed to meet the 20-foot side setback requirement. Chair Igoe suggested the applicant move the structure to at least 12 feet from the lot line and return with certified building and septic plans. I would be inclined to support it if it were moved, Igoe said, suggesting the petitioner withdraw to avoid a formal denial. Motion Made by J. Mantoni to allow the petitioner to withdraw the special permit and variance requests without prejudice. Motion Passed (4-0-0).