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HomeMy WebLinkAbout5218 932 and 940 Route 28 Decision RecordedFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: PROPERTY: Doc a� v 541 r 4S7 04-06-2026 2231 B,ARNSTABLE LAND COURT REGISTRY TOWN OF YARMOUTH BOARD OF APPEALS DECISION March 13, 2026 5218 February 26, 2026 Viewpoint Sign and Awning Bass River Realty LLC 932 and 940 Route 28, South Yarmouth, MA Map 42, Parcel 32.1 Zoning District: B-2 Document 91,195,600 Certificate #197567 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Richard Neitz, Anthony Panebianco, and Timothy Scanlan 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. The petitioner seeks relief in connection with proposed signage at the Papa Gino's restaurant located at 932 and 940 Route 28, South Yarmouth, Massachusetts. The property is located in the B-2 zoning district and contains--431,680 square feet of area. Jason Parillo, Viewpoint Sign and Awning, appeared at the hearing, assisted by Paul Bovino, Construction Project Manager, New England Authentic Eats LLC, the parent company of Papa Gino's Pizzeria and D'Angelo Grilled Sandwiches. The current signage for Papa Gino's only, includes a total square footage of --427 square feet, with illuminated awnings on three (3) sides of the building. The intent is for the two brands to share the same restaurant space with D'Angelo menu items added to the Papa Gino's menu. While the sign proposal removes the awnings and reduces the total square footage of signage to -75.89 square feet, all three (3) proposed signs, at 26 inches, 30 inches, and 36 inches respectively, exceed the maximum allowed height of two (2) feet. A TRUE COPY ATTEST — �V�- &^aM4 CMVG CMG/' TOWN CLERK APR - 6 2026 The two main signs are mounted on backer panels which will be installed on the building. The proposed third sign will reface an existing 9-square-foot circular sign at the front door. No abutters appeared either in favor or against the petition. Because the two brands will occupy the same restaurant space, the Board acknowledged the need for the exterior signage to be legible and visible for both brands. The circular sign at the front door marks the main entrance and attracts pedestrian traffic from nearby businesses. Overall, the proposed signs are a significant improvement, enhancing the aesthetics of the signage and reducing the total square footage of the signage by more than 80 percent. However, the Board expressed concerns about the odd placement of the Channel Letters sign at the side entrance; this sign extends above the rake boards of the lower gable. The petitioner agreed that the sign could be moved to a lower position on the building. The Sign Plans, dated December 1, 2025, are hereby incorporated in their entirety by reference, and are also attached hereto. Accordingly, a motion was made by Mr. Neitz and seconded by Mr. Panebianco to approve the Variances, subject to the following condition: 1) The Channel Letters sign at the side entrance shall be centered on the fagade below the roofline and inside the rake boards of the lower gable (i.e., below the top of the existing awning dotted line, per the Sign Plans, dated December 1, 2025). The members voted as follows: Mr. Neitz: AYE; Mr. Panebianco: AYE; Mr. Scanlan: AYE; Chairman Igoe: AYE. The motion was voted 4-0 in favor. Therefore, the Variances, with the stated condition, are 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 noticeJdecision 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 WA § 10) Sean Igoe, Chairman A TRUE COPY ATTEST �f CMMU^ FCMC 1 TOWN CL ERKK APR - 6 2026 CERTIFICATION OF TOWN CLERK 1, 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 #5218 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, MMC, CMMC APR - 6 2026 A TRUE COPY ATTEST C4lAV CMC / TO CLE 1 APR 267 t� 0 7C 0 a 0 0 0 tA 0 0 r ■❑O ■ 1' ■ ■❑[ � $ ©a' ■a' I ■■~es �� ao o �o ff C a'w O 4-nn � Z3 g 4 i I a " =p � 253' . O x m v m r I F �N� a fq e a r� h' F= c7 d A TRUE COPY ATTEST: APR ' CMC / TnwN e*i Pr. se 'RUE COPY ATTEST. APR - 6 2026 or I� $ W q y � w c m m y 3 3 S �� V Nn � m N W r3 N y � A -T n 1 W m 7 Go o wf n S ;T;O a t g rp At r r m v a S0 2 m 9A e r O LX-J 0 i 2UE A EST APR - 6 2026 CMUG / CMC / TOWN ri r-9 K A m O a up a � t] 3 a xi �< Zm RO* n� 4zo z G)1 D �� APR - 6 2026 3Y ATTEST CY. M%j I CMC / TOWN CLERK V i Ej r C �� ■_■�' ❑F n or yam �$0 9, ¢� v M g APR - 6 2026 COPY ATTEST: o fE ■■cO�n �e2 ■It0 ■ ®®/r $tiE « m �0 ■IEL§§fi $7 �-$ ■� ��■t ! � & 2 AE L kM D� 4 E 0 C)Z --A § � APR —| ■ $ k EL e � cn COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5218 Date: April 3, 2026 Certificate of Grantiny, 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: Viewpoint Sign and Awning PROPERTY OWNER: Bass River Realty LLC Affecting the rights of the owner with respect to land or buildings at. 932 and 940 Route 28, South Yarmouth, MA; Map 42, Parcel 32.1; Zoning District: B-2; Document ##1,195,600; Certificate #197567 and the said Board of Appeals fiuther 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 I 1 (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. S ian Igoe, Chainnwi y;. BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register