HomeMy WebLinkAboutDecision 4799 RecordedBk 32020 Ps65 =21500
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Y#Rtlili iilu'*1 CLERK
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION ,j9RpR22pg0:44 RE,
FILED WITH TOWN CLERK: April 22, 2019
PETITION NO: #4794
HEARING DATE: March 28, 2019
PETITIONER: CIK Auto Group, Inc. d/b/a Cape & Islands Kia
PROPERTY: 760 Route 28, South Yarmouth, MA
Map & lot#: 0033.36.1; Zoning District: B2
MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman, Dick Martin, Thomas
Nickinello,'Richard Neitz, and Susan Brita.
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 was well presented on behalf of CIK Auto Group, Inc. d/b/a Cape & Islands Kia
and auto dealership located at 760 Route 28 West Yarmouth, property within the B-2 Zoning
District. The Petition is to allow by either Special Permit and/or Variance for relief under the so-
called "sign code" and specifically relating to Bylaw §303.13 and §303.5.5.2 and for the addition
of 2 signs to be affixed to the dealership building. These signs are to be installed on the front of
the building and carrying the Kia logo on one side (left) and the words "Cape & Islands" on the
other side (right). The total sign will be 41.42 ft.2. The depiction of the sign is set forth on a
Patterson Sign Group depiction dated October 9, 2017.
Steven Sewell, President of Cape & Islands Kia and Teddy Zambelis each appeared to present
and support the requested relief and no other person spoke either in favor or against the Petition.
The Board received no other documents or exhibits not already contained in its file.
Of note, this building was formerly a plumbing supply store and it had signage on the building. In
any event, the Board felt that a Special Permit could be granted particularly in light of the fact that
the building sits far back from the street (Route 28) and the dealership required branding needs to
be a part of the signage. This is a unique situation due to the great distance of the building back
from Route 28 and unlike many other businesses along Route 28. The Board felt that no undue,
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nuisance, hazard nor congestion would arise by grant of the relief nor would there be any harm to
the neighborhood or Town in the present or in the future by the grant of the relief.
Accordingly, a Motion was made by Mr. Nickinello and seconded by Mr. Martin to approve the
relief sought by way of Special Permit which Motion received a unanimous vote in favor. As to
the request for a Variance, upon a Motion made by Mr. Martin and seconded by Mr. Nickinello,
this request was allowed to be withdrawn without prejudice.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days
after Sling 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, MGL c40A
§9)
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Steven S. DeYoung, airman
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