HomeMy WebLinkAboutDecision 4214 484 Station Ave 10.15.2008Doc=1s101s111 11-07-2008 12243
BARNSTABLE LAND COURT REGISTRY
TOWN OF YARMOUTH
BOARD OF APPEALS YARMOUTH
DECISION TO IN O' ERK
FILED WITH TOWN CLERK: October 15, 2008
PETITION NO. #4214
HEARING DATE: October 9, 2008
MUS OCT 15 M 4:
RECEIVE
PETITIONER: Linear Retail Yarmouth #1, LLC by: The Super Stop & Shop
PROPERTY: 484 Station Avenue, South Yarmouth
Map and Parcel: 0097.22; Zoning District: B1
Registry of Deeds Doc: 1029687
MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, Sean Igoe, Renie Hamman,
Joseph Sarnosky, Debra Martin.
It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and
all those owners of property deemed by the Board to be affected thereby, and to the public by posting
u notice of the hearing and published in The Register, the hearing was opened and held on the date
A stated above.
The applicant request a Variance from §303, in order to be allowed two new attached signs which do
not conform to the sign code. The property is located in a B 1 zone, and contains approximately 9.56
M acres of land. It is fully developed with a business center.
The applicant is the new owner/occupant of a pre-existing supermarket unit within the plaza. It
proposes to replace its existing wall sign with a new sign, containing the company's new graphic logo,
and to attach a second sign indicating the presence of the pharmacy within the unit. The two wall
signs are shown on the applicant's plan, entitled "Yarmouth.PLT/Mass/Stp&Shp", by Agnoli Sign
Company, dated 12-18-07 and stamped received by the Board on September 15, 2008. The
applicant's attorney noted at the commencement of the hearing that the "scale" noted on the plan was
in error, but that the measurements of the signs were correct. The free standing sign is shown on the
plan only for reference, as no relief is required for it at this time.
The proposed principal company sign will be taller then allowed, relative to the graphic logo, while
the letters themselves will conform. The sign will consist of individual letters and shapes, mounted on
the front wall of the store above the entrance. Each letter/shape will be internally illuminated. The
secondary sign will identify that fact that a pharmacy is located in the store, but will not contain any
additional company name, and it will not be illuminated. It will conform dimensionally, but will be a
second attached sign.
The applicant contends that some sign relief is needed because the building is very wide, and is
located some 212' from the road. The sign will therefore not appear to be larger than allowed from
that perspective. Furthermore, the combined actual square footage of both proposed signs will be just
less then the allowed 60 square feet of signage. Given the large expanse of front wall of the building,
and the absence of any front windows, the fagade will not appear congested or overwhelmed by the
proposed signs.
The Board agrees with the applicant's assessment of the site and sign orientation. The actual size of
the sign will appear appropriate and proportionate as proposed. From the street, it will be
appropriately visible and will not appear to be out of scale, nor will it be detrimental to the neighbors
or neighborhood, nor substantially derogate from the intent and purpose of the sign code. The Board
observed that the applicant's calculation of the total area of the signs is mathematically accurate and
useful for comparative purposes, but is not legally accurate, according to the codes methodology for
total sign area calculations. Nevertheless, the visual impact of the specific signs proposed will not
appear to be beyond what would normally be allowed and expected.
Therefore, a motion was made by Mr. Igoe, seconded by Mrs. Moudouris, to grant the sign Variance,
as requested, for the two attached signs, as proposed and shown on the above referenced sign plan.
The members voted unanimously in favor of the motion, the Variance is therefore 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 excised within 12 months. (See MGL c40A § 10)
David S. Reid, Clerk
Board of Appeals
2