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Home My WebLink AboutBOA # 4974 RECEIVED Law Office of Singer & Singer, LLC SEP 28 2022 26 Upper County Road P.O.Box 67 Dennisport,Massachusetts 02639 BUILDING DEPARTMENT Andrew L. Singer Tel: (508)398-2221 Marion S.Rose Fax: (508)398-1568 www.singer-law.com Myer R. Singer (1938-2020) September 26, 2022 Town of Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth,MA 02664 Re: Mary Angus Mullen, do Ryan Family Amusements, Inc. Zoning Board of Appeals—Special Permit Decision 4974 Dear Mr. DeYoung: Enclosed please find a copy of the Zoning Board of Appeals for the above-referenced matter which was recorded on 09/26//2022 with the Barnstable County Registry of Deeds in Book 35387, Page 202. Very truly yours, ) /4,<- Bonnie Mossey for Andrew L. inger Enclosure Copy to: Yarmouth Building Commissioner and Town Clerk,w/enclosure Bk 35387 Pg202 #47760 09-26-2022 @ 09: 29a •.o�c,!Y 1e ._ COMMONWEALTH OF MASSACHUSETTS •' ` 0 TOWN OF YARMOUTH BOARD OF APPEALS Ou.•- 'l .' t,i,i Petition #: 4974 Date: September 20,2022 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Mary Angus Mullen do Ryan Family Amusements 1067 Route 28 South Yarmouth, MA 02664 Affecting the rights of the owner with respect to land or buildings at: 1067 Route 28, South Yarmouth,MA; Map#: 50; Parcel#: 116; Zoning District: B-2; Book/Page: 1353,15 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13,provides that no Special Permit, or any extension, Modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20)days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title.The fee for such recording or registering shall be paid by the owner or applicant. )1E=.".Setz).... Steven DeYoung, Chairman • • . A TRUE COPY ATTEST hui ,Wii.4thti-a--f CM.AC:/CMG I [OWN CLERK 0 19 UM • Bk 35387 Pg203 _#47760 • oY:Y . TOWN OF YARMOUTH �'t BOARD OF APPEALS : ,t , DECISION 4ir,C fE 5 FILED WITH TOWN CLERK: August 30,2022 PETITION NO: 4974 HEARING DATE: August 25,2022 PETITIONER: Ryan Family Amusements, Inc. OWNER: Mary Angus Mullen PROPERTY: 1067 Route 28, South Yarmouth Map & Lot: 50.116; Zoning District: B-2 Title: Book 1353,Page 15 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Sean Igoe,Jay Fraprie,Dick Martin, and John Mantoni. 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 Cape Cod Times,the hearing opened and held on the date as stated above. Ryan Family Amusements Inc. is the Petitioner seeking relief to install an attached sign over a second, front entrance door which serves a recently leased, central portion of the building already occupied by the Petitioner's longstanding bowling alley and gaining entertainment business at the Property. Specifically, the Petitioner requests either a Special Permit under Section 303.13 of the Zoning By-Law,or, in the alternative, a Variance in accordance with Sections l 02.2.2 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 of the Zoning By-Law, to allow the requested entrance sign. • The Petitioner was represented by Andrew Singer, Esquire, of Law Office of Singer& Singer, LLC, and Peter Campbell of Ryan Family Amusements, Inc. No members of the public appeared either in favor or in opposition to the Petition. The building historically had three tenants. At present,the Petitioner occupies the center and right spaces in the building, and the left space is vacant. The right space is occupied by the bowling and food portions of the business,and the center space is occupied by the axe throwing, corn hole, and arcade portions of the business. While there is an interior access between the two portions of the business,the main entrance from the parking area to each space, including tTECrST' , SEP j=gN wic rrowN a Bk 35387 Pg204 #47760 ticketing exclusive to that area,are at the respective front doors to the building. The proposed sign at the second entrance is effectively a"departmental sign"providing notice to the public for safer and more efficient access to the axe throwing, corn hole and arcade activities in that portion of the business. Its primary text identifies the entertainment offered within the center area of the building at that existing entrance door. The proposed sign is 96"x 60"and matches the existing main business sign in size and design. While the overall size of this sign(40 sq. ft.) is conforming and the sign will be significantly less than the allowed one-third running face of the building, relief is required for its height. In addition, relief is required for a second attached sign on a non-perpendicular wall (in this case, the same wall face). The Board discussed the relief requested and determined that a Variance was required in this instance,and not the Special Permit authorized by Section 303.13 of the Zoning By-Law. The Board next looked at the criteria for granting a Variance. The large size and overall length of the building, its historical usage, and its location on the Property set more than 180 feet back from Route 28 are unique circumstances such that a literal enforcement of the provisions of the Zoning By-Law will involve a substantial hardship to the Petitioner and the community if the second entrance sign is not allowed. In such a situation, having appropriately sized signage at each entrance is important,not only for aesthetic reasons, but also in order to safely and adequately inform the traveling public not only where the business is located, but also how to best access the different portions of the business in the building. Further, the 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. The second sign 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, including the main business sign, will assist in breaking up the mass of the large building,and will be compatible with surrounding signs and architecture. The proposed sign will not cause or contribute to any undue nuisance, hazard or congestion in the neighborhood, zoning district or Town. The Board discussed the remaining metal frame also on the front face of the building from the former Daggett's Liquors business. The Board members felt that removing this sign frame would further enhance the aesthetics of the building. The Petitioner had no objection to this removal provided that it did not prejudice potential signage for a future tenant in the vacant space at the left side of the building. After discussion of the merits of the Petition, a Motion was made by Mr. Igoe, seconded by Mr. Martin, and voted by roll-call vote five(5) in favor and zero (0)opposed, to grant 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 of the Zoning By-Law, to allow the requested second, entrance sign as shown on the submitted plans with the following condition: 1. The metal frame from the former Daggett's Liquors business on the left front face of the building shall be removed when the attached sign approved herein is installed at the center entrance, with the understanding that this removal shall not RUEC ATTEST: SEP 1 9 2---c i elute r r \A c:t.E� : Bk 35387 Pg205 #47760 prejudice the Petitioner or other proposed tenant of the vacant space in the building from designing an attached sign for such business in the future and applying for relief as may be required. Upon a request by the Petitioner to withdraw without prejudice so much of the Petition as requested as a Special Permit, a Motion was made by Mr. Martin, seconded by Mr. Fraprie,and voted by roll-call vote five (5) in favor and zero (0) opposed,to allow so much of the Petition as requested a Special Permit to be withdrawn without prejudice. 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 DeYoung, 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#4974 that no notice of • appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismiss -denied. 11 appeals have been exhausted, Mary A. Maslowski 1 9 2022 civoVCCJ i MC d'fGir"JN�;LERK TRUE COPY ATTEST - .A4ghtka--f C;MMO t CMC/TCW1v CLERK aAR c ,�ECIS TER 0AR LELE D GISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY