HomeMy WebLinkAbout5026 760 Route 28 Decision Certified 06.26.23FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 26, 2023
5026
June 8, 2023
CIK Auto Group, Inc., dba Cape & Islands KIA
MASH Realty LLC
17 Old Main Street, West Dennis, MA
760 Route 28, South Yarmouth, MA
Map 33, Parcel 36.1
Zoning District: B-2
Title: Book 34709, Page 146
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie,
John Mantoni and Sean Igoe
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 stated above.
The petitioner is CIK Auto Group, doing business as Cape & Islands Kia, which property is
located at 760 Route 28, South Yarmouth, Massachusetts in a B-2 zoning district. The applicant
seeks to modify an existing Special Permit 4799-2019. Specifically, the applicant seeks to
replace an existing sign of 54 ft.z with a 40 ft.' freestanding sign with the new Kia logo.
Additionally, the current sign on the building will be reduced from 24 inches to 18 inches in
height. The various forms of relief sought by the petitioner was felt to be unnecessary, other than
for a Variance to allow for the requested relief. Overall, the variation from the same code
limitations previously granted was to be reduced, not increased. The building is set back
significantly from the street (Route 28). The sign in the front of the building is modest and not
atypical for other like business signs. Its reduction in size from what exists is helpful to the
Board in considering the relief sought by the petitioner, and since it exceeds the same code
limitations, a Variance is needed for each relief sought.
Both Steven Sewell, President, and Ted Zambelis, Executive Partner, Cape & Islands Kia, did a
fine job in presenting the merits of the petition. Collectively, the Board Members agreed with the
well -presented recommendations of Mr. Igoe that a Variance, for each aspect of the requested
relief could be granted as denying the petitioner would result in financial hardship, that the
A TRUE COPY ATTEST:
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hardship is due to circumstances relating to the shape of the lot, being a deep lot, with a building
situated far from the street, and that desirable relief could be granted, without either substantial
detriment to the public good; or nullifying or substantially derogating, from the intent or purpose
of the bylaw. A motion was made by Mr. Martin, seconded by Mr. Mantoni, for the request for
relief by way of Variance for both the freestanding sign, and the attached sign to the building, be
granted without conditions.
After discussion, a roll call vote was taken, and the motion passed, 5 in favor and none opposed.
Mr. Mantoni: AYE
Mr. Igoe: AYE
Mr. Fraprie: AYE
Mr. Martin: AYE
Chairman DeYoung: AYE
The Variance relief for each sign was therefore granted.
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, a
Variance shall lapse if the rights authorized herein are not exercised within 12 months (See bylaw
§ 103.2.5, MGL c40A § 10)
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 #5026 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
JUL 17 2023
A TRUE COPY ATTEST.
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JUL 17 2023
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5026 Date: July 17, 2023
Certificate of Granting of a Variance
(General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been
granted to:
PETITIONER: CIK Auto Group, Inc., dba Cape & Islands KIA
PROPERTY OWNER: MASH Realty LLC, 17 OId Main Street, West Dennis, MA
Affecting the rights of the owner with respect to land or buildings at: 760 Route 28, South Yarmouth, MA; Map
33, Parcel 36.1; Zoning District: B-2; Title: Book 34709, Page 146 and the said Board of Appeals further certifies
that the decision attached hereto is a true and correct copy of its decision granting said Variance, 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 Variance, 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.
Steven DeYoung, Chairman
A TRUE COPY ATTEST
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JUL 17 2023