HomeMy WebLinkAboutDecision 2832DECISION
FILED WITH TOWN CLERIC: JM 2 2 1991
HEARING DATE: June 27, 1991 & July 11, 1991
PETITION NO: 2832
PETITIONER: The Harbor Club, Inc/Tugboats
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PROPERTY LXATED AT: 21 Arlington Street, Hyannis Park, MA and
shown on Assessor's Map 16 and 23 as parcel 23QlA.
PETITIONER REQUESTS: A variance from the Yarmouth Zoning By Law
to allow a string of lights, 5 303.2.9.1 and to allow an additional
sign S 303.4.6.2.
M -IBERS OF THE BOARD PRESENT AND VOTING: Leslie Caripbell (Chain=),
David Reid, Joyce Sears, Roger Tuttle, Phil Magnuson
It appearing that notice of said hearing has been given by sending
notice thereof to the petitioner and all those owners of property
deemed by the Board to be affected thereby and that public notice of.
such hearing having been given by publication in the Yarmouth Sun,
the hearing was opened and held on the date first above written.
This matter was originally scheduled for hearing on June 27, 1991.
At that time, it appeared that certain abutters had riot received proper
notice of this hearing. It was therefore, voted to continue the
hearing until July 11, 1991 and to re -notify the abutters.
At the hearing, the petitioner was represented by Mr. Wayne Kurkur.
The petitioner requests sign variances to permit 1) an attached sign,
to be located on the harbor side of the building, 2) string of lights
(also on the harbor side of the building, at and about the dining areas
of the restaurant. Various correspondence was received and accepted
into the record. Various persons from the neighborhood spoke at the
hearing or expressed their views in writing. The reccamendation of
the Sign Design Review Board were received and placed in the record.
Various photographs of the site were presented by the petitioner and'
by the Building Inspector/Sign Inspector.
The site, which appears to be properly classified as a Business Center,
has several businesses on the site, all of which have some signs in
place. As there was sore disagreement voiced as to whether or not
all other (existing) signs were properly permitted, the Board makes
very clear that this petition and decision relates only to the signs
directly at issue before the Board.
The first sign at issue -is a carved wooden sign, measuring 20' x 2'-
and containing the name "Tugboats". The petitioner expresses a need
for this second attached sicn because the restaurant business is
specifically intended to attract a major portion of its customers
directly from the harbor, while the existing sign is only visible to
customers approaching from the public road at the opposite end of the
lot and building.This new sign would not be visible to any of the
abutting properties. The Board.is satisfied that this are "sufficiently
unique circumstances which warrant a variance, and that the granting
of such a variance will not result in any substantial harm to the •
neighborhood, nor will it substantially derogate from the intent and
purpose of the sign code by law.
The second "sign" consists of strings of 7 1/2 watt white light bulbs
which are presently located around the deck rails and around the
outline/trim of the building, on the rear/harbor side of the building.
In part, they provide light to open-air restaurant seating on the decks
of the building. However, in the view of the Board, the lights are
excessive for that purpose and do, to that extent, constitute "signs",
designed to attract attention to the business.
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After discussion among the Board, a Motion was made by Mr. Magnuson,
seconded by Mrs. Sears, to grant the petition, as follows:
1) to allow the requested attached wooden sign, to be located at the
rear of the building, on or near the second floor deck rail, (in
substantially the location shown in the petitioner's photograph marked
as Exhibit "A")
2) to allow the petitioner to continue to maintain the string of 7
1/2 watt - white lights on the dining ldvel only, but that the other
string of lights be removed.
The Board voted unanimously in favor of the Motion.
The variance is therefore granted.
No permit shall issue until the passing of 20 days from the F_iling-E
of this Decision with the Town Clerk.
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David S. Reid, clerk - r
Board of Appeals
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FILED WITH TGWN CLERK:
HEARING DATE:
PETITION NO:
PETITIONER:
AMENCMENP TO DECISION
June 27, 1991, July 11, 1991
2832
Tugboats
'9 i JUL 23 * A 9 :31
1
1OWN CL! i.K & Ik6llbbf Hi
Reason for the following amendment is a typographical error.
In condition number 2 on the second page of the decision it should
read:
to allow the petitioner to continue to maintain the STRINGS of 7 1/2
watt - white lights on the dining level only, but that the other
strings of lights be removed.
David S. Reid, Clerk
Board of Appeals