HomeMy WebLinkAbout5135 7 Long Pond Dr Decision Certified 10.24.24ARMCWTH 1:1OWN WEEK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
October 24, 2024
5135
October 10, 2024
Agnoli Sign Co., Inc.
NL Grocery I DST
PROPERTY: 7 Long Pond Drive, South Yarmouth, MA
Map 50, Parcel 1
Zoning District: B-1
Document #1,422,567
Certificate #225593
MEMBERS PRESENT AND VOTING: Acting Chairman Jay Fraprie, Dick Martin,
Barbara Murphy and Anthony Panebianco
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 seeks a Special Permit per §303.13 in connection with proposed signage at the
Stop & Shop grocery store located at 55 Long Pond Drive, South Yarmouth, Massachusetts. The
property is located in the 13-1 zoning district and is comprised of 603,306 square feet.
Christina Moreau, Account Executive, Agnoli Sign Co., Inc., represented the petitioner and
testified that the proposed signage changes would include: 1) replacing the 122-square-foot Stop
& Shop logo wall sign with a I I7-square-foot sign; and 2) replacing the 6 department signs with
3 signs: Citizens, Pharmacy, and Serving Our Community.
The Stop & Shop logo wall sign is set back -300 feet from Long Pond Drive and screened from
view by distance and vegetation on the 13- acre site. The new department signs measure a total
of 58 square feet (a net decrease of 39 square feet from the existing department signs). These
signage changes are consistent with what Stop & Shop has done in the past, and represent the
third request for signage changes in 20 years.
A TRUE COPY ATTEST:
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NOV 14 2024
No abutters appeared either in favor or against the petition.
The Board agreed that the proposed changes would modernize the grocery store signage in
keeping with the company's current branding, and was pleased with the reduction in the size of
the Stop & Shop logo wall sign, and the reduction in the number of department signs.
It was the consensus of the Board that the relief would not be substantially more detrimental to
the neighborhood, and found that no undue nuisance, hazard or congestion will be created and
that there will be no substantial harm to the established or future character of the neighborhood
or Town.
Accordingly, a motion was made by Mr. Panebianco, seconded by Mr. Martin, to grant the
Special Permit as requested. The members voted unanimously (4-0) 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 noticeidecision 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 § 103.2.5, MGL c40A §9)
Jay Fraprie, Acting 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 #5135 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
Nov 14 2024
A TRUE COPY ATTEST.
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Nov 14 2024
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5135 Date: November 14, 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: Agnoli Sign Co., Inc.
PROPERTY OWNER: NL Grocery I DST
Affecting the rights of the owner with respect to land or buildings at: 7 Long Pond Drive, South Yarmouth,
MA; Map 50, Parcel 1; Zoning District: B-1; Document #1,422,567; Certificate #225593 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 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.
Jay Fraprie, Acting Chairman
A TRUE COPY ATTEST
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NOV 14 2024