HomeMy WebLinkAbout5219 135 Route 28 Green Harbor Sign Decision Certified 03.20.261ARKU0IK tt.tWR ULtKr, Kt
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY LOCATION:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
March 20, 2026
5219
March 12, 2026
RJ Resorts Green Harbor Village Resort Owner, LLC
Hari Hospitality, Inc.
135 Route 28, West Yarmouth, MA
Map 37, Parcel 76
Zoning District: B-2
Book 29557 Page 144
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni,
Dick Neitz, and Rich Chwastiak
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 RJ Resorts Green Harbor Village Resort Owner, LLC with respect to property
located at 135 Route 28, West Yarmouth, Massachusetts, which property is located in a B-2
zoning district. The property contains—152,460 square feet of area.
The petitioner was represented by Ryan O'Loughlin, General Manager, Red Jacket Resorts.
The petitioner is seeking relief for the location of an off -premise sign. The sign, located on the
property owner's property at the corner of Route 28 and Baxter Avenue, directs the public to the
Green Harbor Resort, the petitioner's property located at 182 Baxter Avenue.
The petitioner and the property owner have maintained a long-standing agreement, allowing the
petitioner to display a sign at 135 Route 28, subject to the property owner's discretion.
According to a letter, dated March 21, 1980, from Green Harbor on the Ocean (now known as
Green Harbor Resort) to Tidewater Motor Lodge (now known as The Uncommoner Hotel), the
parties formalized this lease agreement as required by the Town of Yarmouth and the
Commonwealth of Massachusetts.
A TRUE COPY ATTEST:
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Now, as part of a corporate rebranding, the petitioner proposes to update the existing sign with
new aluminum panels displaying "Green Harbor Resort" in white lettering on a sea green
background. The freestanding 16-square-foot sign would retain its current size, location, and
external illumination by spotlights.
No one spoke in favor or in opposition to the petition at the hearing.
In evaluating the criteria for granting a Variance, the Board noted the following: 1) the sign's
off -premise location presents a unique circumstance; 2) the Town has recognized the sign's
location for more than 45 years; 3) the proposed updates represent an improvement over the
existing sign; and 4) the sign continues to serve the essential function of directing customers
from Route 28 to the resort's waterfront location.
The Board concurred that literal enforcement of the bylaw would involve a substantial hardship
to the petitioner and that desirable relief may be granted without either substantial detriment to
the public good; or nullifying or substantially derogating from the intent or purpose of the bylaw.
Accordingly, a motion was made by Mr. Neitz and seconded by Mr. Martin to grant the
Variance, as requested. The members voted as follows: Mr. Martin: AYE; Mr. Mantoni: AYE;
Mr. Neitz: AYE; Mr. Chwastiak: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in
favor. Therefore, the Variance was 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 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)
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 #5219 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 -10 2026
A TRUE COPY ATTEST:
0MC I TOWN CLERK
APR -4 8 9l19R
906
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
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Petition #: 5219 Date: April 10, 2026
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: RJ Resorts Green Harbor Village Resort Owner, LLC
PROPERTY OWNER: Hari Hospitality, Inc.
Affecting the rights of the owner with respect to land or buildings at: 135 Route 28, West Yarmouth, MA;
Map 37, Parcel 76; Zoning District: B-2; Book 29557 Page 144 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
4-1RUE COPMATTEST.
AAe- AWIVAtt
CMMC I CMC 1 TOWN CLERK
APR 4 0 2026