HomeMy WebLinkAboutDecision 3238 40 Whites Path411
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: SEP 2 8 1995
PETITION NO: #3238
HEARING DATE: September 14, 1995
PETITIONER: Discount Performance
40 Whites Path
South Yarmouth MA, 02664
PROPERTY: 40 Whites Path, South Yarmouth MA
Assessor's Map 86 Parcel T7
'95 SEP 28 P12:00
IOWN CLERK 3 IREASL'F.f.�r
MEMBERS OF THE BOARD PRESENT AND VOTING: Fritz Lindquist, Vice Chairman,
David S. Reid, John Richards, James Robertson, Joseph Samosky
It appearing that notice of the hearing has been given by sending notice to the petitioners and all of
those owners of property deemed 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.
The petition was presented by Mr. Don Long, Jonathan Long, and Kevin Silva. The petitioners
request a Sign Variance, so as to allow them to place at this site a free-standing sign which exceeds
the dimensional requirements of the by-law.
The site is an existing multi -unit commercial building, which is allowed one free standing sign, not to
exceed 18 square feet in area. The petitioners ordered and purchased a sign measuring Yx 6'. They
secured a sign permit and began to install the sign, when it came to their attention that the 3'x 6 was
the measurement of the sign panel, and did not include the aluminum sign frame. The exterior
dimension of the sign and frame is 37 1/4" x 73 5/16", or 1 1/4" too tall and 1 5/16" too long.
The Board finds that the petitioners made a genuine and good faith effort to comply with the Sign
Code. They have presented evidence to the Board that they actually ordered and believed they had
purchased a conforming 18 square foot sign. They further applied for and were granted a sign
permit for this same sign. Neither they nor the Sign Inspector realized that the sign had been
measured by its manufacturer only in its interior dimensions.. No enforcement action has been taken
by the Town. Rather, the petitioners and their contractor took it upon themselves to bring the
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discrepancy to the attention of the town officials.
The Board finds that this is more thanjust an inadvertent or inattentive non-compliance with the Sign
Code's requirements. This is a situation where the petitioners actually sought to comply and believed
that they had complied. These circumstances, coupled with the nominal degree of non-compliance,
convinces the Board that it would be unduly burdensome upon the petitioners to prohibit the
installation of this sign. Furthermore, the- Board finds that the allowance of such relief would not
significantly derogate from the intent and purpose of the by-law, nor would it cause any detectable
harm to the character of this neighborhood.
Accordingly, a Motion was made to grant the requested dimensional Variance, to allow the
installation of this non -conforming sign, on the condition that this Variance is limited to this sign, and
to this use and to these users, so that the next time the sign is changed, it will have to be brought into
compliance with the code.
The members voted unanimously in favor of the Motion.
Appeals from this decision shall be made pursuant to § 17 c40A and must be filed within 20 days after
the filing of this notice/decision with the Town Clerk.
If the rights authorized by a Variance are not exercised within one year of the date of grant of such
variance, such rights shall lapse; provided, however, that the permit granting authority in its
discretion and upon written application by the grantee of such rights may extend the time for exercise
of such rights for a period not to exceed six months; and provided, further, that the application for
such extension is filed with such permit granting authority prior to the expiration of such one year
period.
David S. Reid, Clerk
Board of Appeals