HomeMy WebLinkAboutPetition 4869 Decision Recorded :11_3033%.41,-.21;53 178 =14960
6117801
01e30o
YARMOUTH TOWN CLERK
,
{
'AY° TOWN OF YARMOUTH
y BOARD OF APPEALS 21JRhSa }1:a2 RSC
J DECISION
FILED WITH TOWN CLERK: January 6,2021
PETITION NO. #4869
HEARING DATE: December 10,2020
PETITIONER: Ryan Family Amusements,Inc.
PROPERTY: 1067 Route 28,South Yarmouth,MA
Map&Lot#:0050:116;Zoning District:B2
Book/Page:1353/0015
MEMBERS PRESENT AND VOTING:Steven DeYoung,Chairman,Sean Igoe,Dick
Martin,Richard Neitz,and Doug Campbell.
It appearing that notice of said hearing has been given by sending notice thereof to the Petitioner
and all those owners of property deemed by the Board to be affected thereby,and to the public
by posting notice of the hearing and published in The Register,the hearing was opened and held
on the date stated above.
Ryan Family Amusements, Inc. is the Petitioner seeking relief in connection with property
located at 1067 Route 28,South Yarmouth,MA.This property is located in a Zoning District:
B2. The applicant is seeking a Special Permit under Zoning By-Law §303.13 or, in the
alternative,a Variance from By-Law§303.5.5.3 to remove an existing,conforming sign from the
front of the business location and replace it with a new, non-conforming sign at the same
location.
The Petitioner was well represented by Mr.Charles Brennan of Simple Signs of Cape Cod.He
explained that the Petitioner was re-branding its business and seeks relief in order to be permitted
to replace an existing 50 square-foot sign with a smaller,40 square-foot sign.It should be noted
that 60 square-foot signs are allowed.
No exhibits were received nor correspondence read into the record.No one spoke in favor or
against the requested relief.
The new sign will measure 96"x 60"and,due to its dimensions,the new,sign would require
relief under the By-law relating to sign dimensions.The members of the Board understood the
Bk 33854 Pg179 #14960
need for the Petitioner to create a sign which better acknowledged the business presence from the
street.The new sign will be on a building significantly back from Route 28. In the past,the
Board has considered allowance of such requests due to the distance of the business from the
abutting street.In the Board's discussions,Mr.Igoe pointed out that the criteria for the allowance
of a Variance was met by the Petitioner,particularly in its distance from Route 28.
Accordingly, Mr. Neitz moved and Mr. Martin seconded a Motion to grant a Variance as
requested by the Petition.A roll call vote was taken with each member present and voting stating
approval of the Motion.Accordingly,a Variance is granted to the Petitioner consistent with the
relief sought by its Petition.
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 alter filing of this notice/decision with the Town Clerk. Unless otherwise provided herein,
a Variance shall lapse if the rights authorized herein are not excised within 12 months.(Sec
MGL c40A§10)
Steven S.DeYoun , hairman