HomeMy WebLinkAbout5228 121 Route 6A Decision TC 05.19.26?ARMUUTH TOWN CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
May 19, 2026
5228
April 23, 2026
Cape & Islands Signs
Cape Cod Cooperative Bank
PROPERTY: 121 Route 6A, Yarmouth Port, MA
Map 121, Parcel 87.1
Zoning District: R-40, B-1, and
Old King's Highway Historic District
Book 701, Page 219
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, John Mantoni, 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 as stated above.
The petitioner is Cape & Islands Signs which seeks relief in connection with signage installed at
Cape & Coast Bank (formerly The Cooperative Bank of Cape Cod) located at 121 Route 6A,
Yarmouth Port, Massachusetts. The property is located in the R-40 and B-1 zoning districts and
the Old King's Highway Historic District. The property contains —1.75 acres of area.
The Old King's Highway Historic District Committee approved the new sign design and issued a
Certificate of Appropriateness (25-Ai 10) on August 11, 2025.
Per a Violation Notice, dated February 10, 2026, from Deputy Building Commissioner Tim
Sears, the petitioner, despite a notification on August 12, 2025 that the sign height exceeds what
is allowed under the bylaw, installed the sign without the benefit of a required permit.
The petitioner now seeks a Special Permit per §303.13 and;`or a Variance from §303.5.5.2 to
allow the attached sign, which exceeds the maximum height, to remain.
Joe Scott, co-owner, Cape & Islands Signs, appeared at the hearing, and testified that the
individual acrylic letters would not be legible if restricted to the maximum height of two (2) feet.
No abutters appeared either in favor or against the petition. Two additional renderings of the sign
were received at the hearing.
While the Board concurred that any financial hardship would be the result of the petitioner's own
actions, a literal enforcement of the provisions of the bylaw would involve a substantial hardship
owing to the shape of the land or structures. Therefore, the Board determined that appropriate
relief could be granted without substantially derogating from the intent or purpose of the bylaw.
Accordingly, a motion was made by Mr. Panebianco and seconded by Mr. Mantoni to approve
the Variance. The members voted as follows: Mr. Mantoni-AYE; Ms. Murphy -AYE; Mr.
Panebianco-AYE; Chairman Igoe -AYE. The motion was voted 4-0 in favor. Therefore, the
Variance was approved.
The petitioner requested to withdraw the Special Permit without prejudice. Accordingly, a
motion was made by Mr. Panebianco and seconded by Ms. Murphy to allow the petitioner to
withdraw the request for Special Permit without prejudice. The members voted as follows: Mr.
Mantoni-AYE; Ms. Murphy -AYE; Mr. Panebianco-AYE; Chairman Igoe -AYE. The motion was
voted 4-0 in favor. Therefore, the Special Permit was withdrawn without prejudice.
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
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 95228 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