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FILED WITH TOWN CLERK: August 6,2021
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PETITION NO: 4897
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HEARING DATE: May 13,2021 -
PETITIONER: Simple Signs
PROPERTY: 517 - 541 Route 28,West Yarmouth,MA
Map 31,Parcel 138.1
Zoning District: B-2
Title: Book 29539,Page 211
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Richard Martin,Tom
Baron,Tim Kelley,Sean Igoe. NON-VOTING MEMBER: Megan Homer
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 Register, the hearing opened and held on the date stated above.
The Petitioner is Simple Signs who, on behalf of an existing business located at 517-541, Route
28,West Yarmouth, MA, property located in a B-2 zoning district. The petitioner currently has a
sign at its business location but has expanded location by acquiring use of the adjoining unit.
Patrons from each side can pass freely into the other side and so, therefore, it is not a second
business but rather an expansion of an existing business. Petitioner was well represented by its
manager/owner Charles Brennan.
The petition seeks relief by either a Variance or Special Permit in order to place a 14 square-foot
sign on the Route 28 side of building. The sign would have the ability to change its text
manually. The sign would help to notify the public of musicians playing within the facility. The
sign sought is not requested by right and, thus, needs either a Special Permit or Variance. The
matter was discussed at length and the first requested relief to be voted on was the Variance. The
Board found that the third prong of the variance criteria was not met, that is to say that the grant,
if granted, would derogate from the meaning, nature and intent of the zoning bylaw as the so-
called " Sign Code", recently acted upon by town meeting, clearly set forth what relief could be
granted by way of Special Permit and what relief required a Variance. After much discussion, no
public input and no exhibits received at the time of hearing, the Board considered a motion made
by Mr. Martin, seconded by Mr. Baron to approve the requested relief of a Variance without
conditions. On this motion a roll call vote was taken with the following results: Mr. Kelley-nay;
Mr. Igoe-nay; Mr. Baron-nay,Mr. Martin-nay; and Mr. DeYoung-nay. Therefore, the requested
relief of a grant of Variance was denied by a vote of 0 in favor and 5 opposed.
The Board next considered the requested relief of a Special Permit after offering the petitioner
the opportunity to withdraw his requested relief without prejudice. The petitioner requested that
the Board proceed to a vote. There was discussion about the Special Permit and whether it was
allowed for under the existing bylaw with the conclusion of the majority of the board that there
was no ability to grant the requested relief by Special Permit at this time. A motion was made by
Mr. Igoe to approve the request for a Special Permit, seconded by Mr. Kelley with the following
roll call vote: Mr. Kelley—aye; Mr. Igoe-nay; Mr. Baron-aye; Mr. Martin-nay; Mr. DeYoung-
nay. Therefore, the relief by way of Special Permit was denied on a roll call vote of 2 in favor
and 3 opposed.
Respectfully sub ted
�
Steven DeYoung, Chairman
Town of Yarmouth
BOARD OF APPEALS RECEIVED
1146 Route 28
South Yarmouth,MA 02664-4451 I AUG 0 6 2021 1
YARMOUTH
BOARD OF APPEALS
31/ 87/ / /
TOWN OF YARMOUTH
1146 ROUTE 28
SOUTH YARMOUTH,MA 02664
Town of Yarmouth Board of Appeals
1146 Route 28, South Yarmouth,MA 02664-4451
You are hereby notified that the Yarmouth Board of Appeals has filed its
decision with the Town Clerk at the Town Office Building, 1146 Route 28,
South Yarmnnth MA 119664- on the netitinn of___
PETITION#4897: Simple Signs,517-541 Route 28,
W.Yarmouth.Request for Special Permit or Variance
to add a wall-mounted sign to the side of the building
was denied.
DATE FILED: AUGUST 6,2021
Appeals from this decision shall be made within 20 days trom the date of
the filing of the decision.
Board of Appeals Clerk
508-398-2231, ext. 1285