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HomeMy WebLinkAbout5150 12 Whites Path Decision Certified 01.02.25W" CLERK RE tARMQUT JAN 2'25 PA 32 0 AWAtHE95a PO R ATEO `109 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION January 2, 2025 5150 December 12, 2024 Sandy Harbor DBA Signarama South Yarmouth Two & Twelve Whites Path LLC PROPERTY: 2 & 12 Whites Path, Units 6 & 7, South Yarmouth Map & Lot: 97.12; Zoning District: B-1 Title: Book 20517, Page 279 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Jay Fraprie, Dick Martin, 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 as stated above. Signarama is the petitioner seeking relief to install an attached sign over a second, front entrance door (Unit 7). Specifically, the petitioner requests either a Special Permit under Section 303.13 of the Zoning Bylaw, or, in the alternative, a Variance from the provisions of Section 303.5.5.3 of the Zoning Bylaw, to allow the proposed entrance sign to replace an existing sign. Bob Swartz, the owner of Signarama South Yarmouth, appeared at the hearing. No members of the public appeared either in favor or in opposition to the petition. The existing lightbox would be used for the proposed sign which measures 24" in height and 72" in width and matches the existing sign in size. The zoning relief required is 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. The Board next looked at the criteria for granting a Variance. A TRUE COPY ATTEST: PG MC / TOWN CLERK .JAN 2 3 ZV5 The petitioner leases Units b & 7 which are connected internally. However, there is a separate exterior door to enter each unit. The petitioner could install one larger sign between the two units, but aesthetically, the building's appearance would be improved with one sign over the entrance door for each unit. Appropriately sized signage at each entrance is important, not only for aesthetic reasons, but in order to inform the public where the business is located, and how to access the retail and commercial portions of the business in the building. The Board agreed that a literal enforcement of the provisions of the Zoning Bylaw will involve a substantial hardship to the petitioner. Further, the requested sign relief can be granted without causing substantial detriment to the public good; or nullifying or substantially derogating from the intent or purpose of the bylaw. The proposed sign will not cause or contribute to any undue nuisance, hazard or congestion in the neighborhood, zoning district or Town. Accordingly, a motion was made by Mr. Martin and seconded by Ms. Murphy to approve the Variance as represented by the images submitted with the application. The members voted unanimously (5-0) in favor of the motion. A motion was made by Mr. Martin and seconded by Mr. Fraprie to allow the petitioner to withdraw the Special Permit without prejudice. The members voted unanimously (5-0) in favor of the motion. 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 MGL c40A § 10) Ls-� Sean Igoe, 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 #5150 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, CMMC, CMC JaN z 3 2025 A TRUE COPY ATTEST: TU4V,a- 'Y &V-44 GW&/ CMC / TOWN CLERK )AM n Z Wr.