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HomeMy WebLinkAbout4974 1067 Route 28 Summary of Reasoning Received 08.18.22 1 Ryan Family Amusements Inc. 1067 Rt. 28, South Yarmouth Sign Variance Request Petition No. SUMMARY OF REASONING Ryan Family Amusements Inc. [“Applicant”] is seeking permission to install an attached sign over a second entrance door which serves a recently leased, central portion of the building already occupied by the Applicant’s longstanding bowling alley and gaming entertainment business. The business is located at 1067 Rt. 28, South Yarmouth [“Property”] as shown on the submitted plans. The Property is shown as Parcel 116 on Yarmouth Assessor’s Map 50. Historically, the Applicant occupied only the southern portion of the Property. Recently, however, the Applicant secured a lease for the entire building and completed the renovation of the central portion (formerly storage for Daggett’s Liquors which, until recently controlled the central and northern parts of the building). The expanded area included new activities, such as axe throwing, corn hole, and the relocated and expanded gaming area previously located in the Applicant’s original footprint. While the various entertainment options are accessible by passing through an interior opening between the established southern section and newly introduced central section, direct access to a particular area can be more efficiently made from the parking lot by choosing to enter the entrance whose sign designates the particular activity offered inside. For example, the tickets and training for axe throwing and tickets for corn hole are all located immediately inside the second entrance serving the central portion of the building while the bowling shoes and lane access are located immediately inside the primary entrance serving the original business. The proposed sign would act as a “departmental sign” rather than a “business sign” in function. Its primary text identifies the entertainment offered within the area of the business the customer would enter, specifically “ax throwing and corn hole,” much as a “pharmacy” sign might indicate a secondary entrance with more direct access to the pharmacy within a larger grocery store. The sign is further designed with an “R” over the directive text to indicate that the expanded area is part of the Ryan Family Amusement’s entertainment offerings on the site. 2 Under Section 303.5.5.2 of the Yarmouth Zoning By-Law [“Zoning By-Law”], up to two attached signs are allowed for a singly occupied business or co-branded business so long as each sign’s height is no more than two feet, each sign’s length does not exceed one-third of the running footage of the width of the face of the building to which the sign is affixed, each sign’s area does not exceed 60 sq. ft, and the signs are located on opposite or perpendicular walls. In this case, the total square footage of the second attached wall sign will be less than 60 sq. ft. (96” x 60” or 40 square feet) and substantially less than one-third the running face of the western front facade of the building (+/- 152 feet). However, the proposed sign, like the existing sign previously approved, exceeds 24 inches (60 inches proposed) in height. Further, given that there is a clear need to locate the sign at the newly established secondary entrance and that all customers enter the business from the Route 28 facing primary façade, the proposed sign is located on the same wall as the previously approved primary building sign rather than a perpendicular or opposite wall as generally required by the By-Law. The Applicant has applied to the Board of Appeals for a special permit under 303.13 and, in the alternative, a variance in accordance with Sections 102.2.2 and 303.12 of the Zoning By- Law and M.G.L. Chapter 40A, Section 10, from the provisions of Sections 303.5.5.2, as necessary, of the Zoning By-Law, to complete the sign upgrades as proposed. Under Section 303.13, relief from the requirements of section 303.5.5.2 may be granted by special permit provided the Board finds that, in addition to the requirements of section 103.2, that the relief requested meets the spirit and intent of this bylaw and that the result will be visually and aesthetically beneficial to the neighborhood. Under Section 103.2.2, relief may be granted upon a showing that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood. Here, the Applicant is requesting a second sign for a now singly occupied location. The request for relief is triggered by the sign exceeding the height limit and by the needed location – both signs are located on the Route 28 facing façade of the building. In the alternative, relief can be granted by a variance. The Applicant respectfully submits that the sign, as proposed meets both the special permit and variance requirements for relief. 3 I. The Applicant respectfully submits that the proposed attached sign petition meets the requirements for a special permit for the following reasons: 1. No undue nuisance, hazard or congestion will be created by the addition of the attached department sign. Rather, the departmental sign will support clear direction and access to the new entertainment offered; 2. There will be no substantial harm to the existing or future character of the neighborhood by the addition of the attached sign given that it is in keeping with the primary attached business sign already approved by the Board, is on a substantial street facing façade (+/- 152 feet), is located well back from the street (over 180 feet) and is well under maximum size allowed (40 square feet where 60 square feet allowed). The site previously had multiple attached signs as a business center; 3. The sign meets the intent of the sign bylaw, to protect and serve the individual and economic interests of residents while respecting the community character, architectural design and public safety. The proposed sign directs customers to the most direct entrance for the new entertainment provided by means of a sign which is conforming as to sign area and is legible from Route 28 and the parking area; 4. The proposed sign, identical in color, lettering style, size and lighting, to the previously approved attached sign, is visually and aesthetically beneficial to the neighborhood. II. The Applicant respectfully submits that the petition, if necessary, meets the requirements of a variance under the Sign By-Law as follows: 1. The size of the building and its location on the Property are unique circumstances such that a literal enforcement of the provisions of the Zoning By-Law will involve a substantial hardship to the Applicant and the community. The building is set back more than 180 feet from Route 28. In addition, the building has a large front facade that is approximately 152 feet long. In such a situation, having appropriately sized signage at each entrance is important, not only for aesthetic reasons, but also in order 4 to safely and adequately inform the traveling public not only where the business is located, but also what type of business it is and how to best access the site and building. Maintaining the business name sign and departmental sign will help meet this need. In addition, the inclusion of the “R” and the text identifying entertainment offered requires a difference in size between the two features in order to be effective. If the lettering component were reduced in size such that the “R” design feature and lettering complied with the maximum 2 ft. height requirement, the lettering would be practically unreadable on such a large building. This is similarly the case of the of the previously approved primary entrance sign. The sign as proposed will also help meet this need in a practical and not overly large manner. Indeed, as noted earlier, the combined two lines of lettering are only 18 inches in height; 2. In this situation, requested sign relief can be granted without causing any substantial detriment to the public good and without a substantial derogation from the overall intent of the Zoning By-Law. To the contrary, the Applicant respectfully submits that the proposed signs will provide a significant benefit and improvement over the existing conditions. The size, location, design, texture, lighting and materials of the signs will be in harmony with the significant architectural features of the existing building on the Property and will be compatible with surrounding signs and architecture. The signs are an integral part of a significant improvement that has already begun at Ryan Family Amusements; 3. The signage has been designed to be compatible with the overall size of the building. The length of the sign, in combination with the proposed departmental sign on the same elevation, will be substantially less than the maximum one-third of the running footage of the width of the street-facing façade of the building to which the proposed sign would be attached. In addition, the total square footage of the proposed attached wall signage will be less than 60 sq. feet. Further, while the sign area will be larger than two feet in height, (at 3’ and 8’ wide), the letters in the department text will be 18 inches height; 5 4. The proposed departmental sign will assist in breaking up the mass of the large building and be more aesthetically pleasing and better scaled to the size of the building. This is particularly important in this instance in which the building is designed so as to incorporate very few exterior windows where temporary signs might typically be displayed. The proposed sign will not cause or contribute to any undue nuisance, hazard or congestion in the neighborhood, zoning district or Town. The proposed sign will beneficially contribute to and enhance the goal of the site upgrade. For all the above reasons, the Applicant requests that the Board make the necessary findings and grant the special permit, or in the alternative, a variance as requested to allow the second attached wall sign as shown on the submitted plans.