HomeMy WebLinkAbout4972 266 Route 6A Decision TC 08.22.22 � q' TOWN OF YARMOUTH
5 iC' BOARD OF APPEALS
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DECISION
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FILED WITH TOWN CLERK: August 22, 2022
PETITION NO: 4972
HEARING DATE: August 11, 2022
PETITIONER: Yarmouth New Church Foundation
PROPERTY: 266 Route 6A, Yarmouth Port,MA
Map 122, Parcel 62.1
Zoning District: R-40
Title: Book 12689, 130
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Neitz,
Dick Martin,John Mantoni.
Notice of the hearing was 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 Cape Cod Times. The hearing opened and was held on the date stated above.
The petitioner is the Yarmouth New Church Foundation which is located at 266 Route 6A,
Yarmouth Port, MA. The property in question is in a R-40 zoning district. The application was
for a Special Permit to allow a P-9 use in an R-40 zoning district and, also, to grant a Variance
under §303.5.4 of the zoning bylaws to allow for a second freestanding sign. Depictions of both
signs were presented as part of the relief sought.
The petitioners were well-represented by Ms. Agresti and Mr. Baker of the Foundation
(petitioner). They explained their need for each sign. One sign, the "Thacher Hall" sign was
depicted as being a 3 foot tall by 3'6"in width. The sign was very tasteful and had great utility in
allowing people to be directed to the Hall. All of the Board members supported this portion of
the petition during that question/answer period. It was felt that the grant of relief as sought by
this portion of the petition would not cause any undue nuisance or congestion nor would it affect
detrimentally the existing or future character of the neighborhood or town.
The Board then began to have discussion and deliberation about the Variance sought for the
proposed and petitioner-described "Historic Marker". A depiction of this proposed sign had also
been filed with the Board and showed a proposed sign of 6'6"in height with an interior sign
panel measuring 30"x 30". The petitioners described the purpose of the sign as "All information
is commemorative to the Yarmouth Port Commons Area."
Mr. Igoe expressed significant reservation about granting this portion of the relief sought by the
petitioner. He pointed out that the sign requested was not provided for by that portion of the
bylaws known as the "Sign Code". The sign was not limited to a description of the church but
rather was a map of the Commons Area. There was no provision in the Sign Code for this sort of
sign as being allowed as a second freestanding sign despite the petitioner's representatives'
assertion that it was a"Historic Marker". Mr. DeYoung agreed with Mr. Igoe's comments and
suggested that the Board would not legislate changes to the bylaws as this should be done at the
Town Meeting forum.
A motion was made by Mr. Igoe, seconded by Mr. Martin to grant so much of the petition as
seeks a Special Permit to allow for a P-9 use in an R-40 zoning district. On this motion, a roll
call vote was taken and with the following results: Mr. Manton-Aye; Mr. Igoe-Aye; Mr. Neitz-
Aye; Mr. Martin-Aye; and Mr. DeYoung-Aye. Therefore,the Special Permit was granted.
As to the request for a Variance from section 303.5.4 of the zoning bylaw, the request for a
Variance was allowed to be withdrawn at the request of the petitioner.
A motion was made by Mr. Igoe, seconded by Mr. Neitz, to allow the Petitioner to withdraw the
request for Variance, without prejudice. On this motion, a roll call vote was taken and with the
following results: Mr. Mantoni-Aye; Mr. Igoe-Aye; Mr. Neitz-Aye; Mr. Martin-Aye; and Mr.
DeYoung-Aye.
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 after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw §103.2.5, MGL c40A §9)
Steven De Young, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #4972 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
Mary A. Maslowski