HomeMy WebLinkAboutViolation NoticeTOWN OF YA; - OUTH
1146 Route 20outh Yakiiouth, MA 02664
508-398--2231 ext. 1261 Fax 508-398-0836
Office of the Building Commissioner
VIOLATION NOTICE
Gerasimos Yannatos
Elpiniki Yannatos
9 Mark Way
West Yarmouth, MA 02673
RE: — 648 Route 28 — permit #BLDS-21-007398
Dear Mr. Yannatos,
This letter constitutes a formal zoning enforcement order under MGL Ch 40A.
February 23, 2022
The Building Department received an application to replace a freestanding sign at this address on June 16, 2021. The
application was approved based on the information provided by the applicant. The sign installed is not what was
approved, and appears to exceed the size allowed by Section 303.5.4.1 of the Zoning Bylaw;
303.5.4.1 Singly Occupied or Co -branded Business Location. One free standing sign per business property having a
maximum face area of twenty four (24) square feet with a maximum face height or width of eight (8) feet will be allowed.
In the case of double faced signs only one sign will be counted for measurement. All advertising or lettering shall he
contained within the face of the sign. No advertising, lettering, or internal illumination shall be allowed on the posts,
pillars, arms, or other supporting structure with the exception of street numbers. No part of the sign shall be more than
twelve (12) feet in height above the average natural grade at the street. All parts of this type of freestanding sign shall
have a minimum b' setback from any property line.
Calculation of Sign Area —
a. The area of a sign shall include all lettering, designs, or symbols, together with the background, whether open or
enclosed, upon which they are displayed. Not included in this definition is any supporting framework or molding
incidental to the display itself.
b. Where a sign consists of individual letters or symbols attached, painted or applied to a building, wall or window,
the area shall be considered to be the smallest rectangle encompassing all the letters and symbols.
c. In computing the area of a double-faced sign, only one side shall be considered if both faces are identical.
Notwithstanding the above, if the interior angle formed by the two (2) faces of the double-faced sign is greater
than forty-five (45) degrees, then both sides of such sign shall be considered in calculating the sign area.
d. The maximum allowable area of a sign shall include allpermanent signs attached, painted, or applied to a
building facade.
It also appears the new sign is not located the required 6ft from any lot line as required by Section 303.5.4.1, which states
in part "All parts of this type of freestanding sign shall have a minimum 6' setback from any property line "
It appears that the previous sign may have been pre-existing nonconforming in regards to the setback. Section 303.12 of
the Zoning Bylaw requires that nonconforming signs are brought into compliance when altered or replaced;
303.12 Nonconforming Signs. Lawfully pre-existing Nonconforming signs. may be maintained, but may not be enlarged
or redesigned or altered in any way, except to conform to the requirements of this bylaw. Any such sign which has
deteriorated to such an extent that the cost of restoration would exceed thirty-five percent (3591o) of the replacement cost
of the sign at the time of the restoration, shall not be repaired or rebuilt or altered except to conform to the requirements
of this bylaw. A nonconforming sign may be reworded, provided that the new wording continues to advertise goods and/or
services of the same type as those displayed prior to the change. Any exemption provided in this section shall terminate
with respect to any sign which:
1. Shall have been abandoned,•
2. Shall not have been repaired or properly maintained within thirty (30) days after notice to that effect has been given by
the Building Commissioner.
Failure to comply with the provisions of the zoning bylaw may result in penalties as prescribed;
303.11.2 Fines for Permanent and Temporary Signs. Any violator of any of the provisions of this bylaw will be given
three (3) business days for correction of the defect or removal of the offending permanent sign, and one (1) working day
,for correction of the defect or removal of an offending temporary sign. If correction is not made in the allowed time, the
owner will be fined fifty dollars ($50) per day for the first seven (7) days and two hundred fifty dollars ($250) per day
thereafter. Violations of display of signs will be cumulative with consecutive violations accruingfanes as outlined above.
You are hereby ordered to abate and or correct said violations or seek relief from the Zoning Board of Appeals as allowed
by MGL Ch. 40a §7 & § 15. You also have the right to appeal this decision with the Zoning Board of Appeals within 30
days of this letter.
Questions in this matter may be directed to this department.
Very Truly,
Tim Sears CBO
Deputy Building Commissioner
Town of Yarmouth