HomeMy WebLinkAboutBOA # 5150 MOUTH TOWN CLERK RE E:1< 36793 Pa 30 O 310 4
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BUILDING DEPARTMENT
FILED WITH TOWN CLERK: January 2, 2025 By
PETITION NO: 5150
HEARING DATE: December 12, 2024
PETITIONER: Sandy Harbor DBA Signarama South Yarmouth
PROPERTY OWNER: 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 w ..equired in this
instance. The Board next looked at the criteria for granting a Variance.t, A ''L
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The petitioner leases Units 6 & 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)
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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.
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Mary A. Maslowski, CMMC, CMC . .,
JAN 2 3 2025 .� t
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1 C/1ro..',' CLERK
/01 YAK COMMONWEALTH OF MASSACHUSETTS
1 0 TOWN OF YARMOUTH
0 BOARD OF APPEALS
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Petition #: 5150 Date: January 23, 2025
Certificate of Granting of a Variance
(General Laws Chapter 40A, Section 10)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been
granted to:
PETITIONER: Sandy Harbor DBA Signarama South Yarmouth
PROPERTY OWNER: Two & Twelve Whites Path LLC
Affecting the rights of the owner with respect to land or buildings at: 2 & 12 Whites Path, Units 6 & 7, South
Yarmouth; Map & Lot: 97.12; Zoning District: B-1; Title: Book 20517, Page 279 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.
Sean Igoe, Chairman
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BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register u '
,f OWOLERK
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