HomeMy WebLinkAbout5096 601 Route 28 Decision RecordedFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY LOCATION:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
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BARNSTABLE LAND COURT REGISTRY
April 25, 2024
5096
March 28, 2024
Cape Cod Farms III, LLC
601 Main Street, LLC
601 Route 28, West Yarmouth, MA
Map 32, Parcel 191
Zoning District: B-2
Certificate of Title #232668
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Martin, Jay Fraprie, John
Mantoni, and Barbara Murphy
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 Cape Cod Farms III, LLC which seeks a Special Permit to replace the Mobil gas
station pump and canopy signage at property located at 601 Route 28, West Yarmouth,
Massachusetts. This property is located in a B-2 zoning district.
Hal Choubah, Choubah Engineering Group, represented the petitioner, Khalil Naoum, one of the
principals of Cape Cod Farms III, LLC. Mr. Naourn was also present at the hearing.
Mr. Choubah explained that the request for signage relief is associated with the site's redevelopment.
The Mobil station has 3 repair bays and a small convenience store. After Site Plan Review and
Design Review, the petitioner received a building permit and construction is in progress at the site.
Part of the project includes changing the gas pumps and upgrading the signage. In addition, the
petitioner is replacing a preexisting nonconforming sign with a conforming sign. The proposed,
non -illuminated signage includes: 1) number wedges (described as "red triangles") with the pump
numbers at the top of the gas pumps; 2) blue panels with: the word "Synergy" at the bottom of the gas
pumps; and 3) red "koalas" that hug the gas pump canopy poles and feature snap -frame posters.
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The Board commended the petitioner for removing the nonconforming sign and designing a more
attractive site by adding plantings, landscaping, and a window on the South Sea Avenue side of the
building. In addition, the Board had no issues with the gas pump number signs which are directional
in nature and the Synergy panels which appear to blend into the gas pumps.
However, the Board took issue with the "koalas" which protrude from the canopy poles, stating that
the koalas were unnecessary and that the removal of the koalas would achieve a cleaner look.
The Board determined that a Special Permit for all signage except the koalas would be in keeping
with the intent and purpose of the bylaw.
A motion was made by Mr. Martin and seconded by Mr. Fraprie to grant a Special Permit for all
signage with the exception of the koalas. On a voice vote (5-0), the motion was approved.
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 § 103,215,
MGL c40A §9)
Sean Igoe, Vice Chair
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 #5096 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.
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Mary A. Maslowski, CMG
MAY 17 2024
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tC I�T�WN CLERK
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Petition #: 5096
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: May 16, 2024
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:
PETITIONER: Cape Cod Farms III, LLC
PROPERTY OWNER: 601 Main Street, LLC
Affecting the rights of the owner with respect to land or buildings at: 601 Route 28, West Yarmouth, MA;
Map 32, Parcel 191; Zoning District: B-2; Certificate of Title #232668 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 finder
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.
Sean Igoe, Vice Chair
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
�A4 TRUS C6'Y ATTEST:
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C TOWN CLERK
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