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HomeMy WebLinkAboutDecision 4227 484 Station Ave 02.18.2009FILED WITH TOWN CLERK: PETITION NO. #4227 TOWN OF YARMOUTIT(-! BOARD OF APPEALS DECISION It - February 18, 2009 HEARING DATE: January 8, 2009 con't to February 12, 2009 PETITIONER: Linear Retail Yarmouth #1 LLC PROPERTY: 484 Station Avenue, South Yarmouth Map and Parcel: 0097.22; Zoning District: B1 Reeistry of Deeds Doc: 1,029,687 Cert4179615 MEMBERS PRESENT AND VOTING: Diane Moudouris, Chairman, Joseph Sarnosky, Debra Martin, Steven DeYoung, John Richards. 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 notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The applicant seeks a sign Variance from bylaw §303.4.5.2 to remove the existing free-standing sign and replace it with a larger free-standing (39.22 sq. ft.) business center sign at the entrance to the property, where only 18 sq. ft is allowed. The property is located in the B 1 zoning district. The property contains a number of different businesses. The current conforming free-standing is occupied by only one business. The new proposed sign will allow space/slats for four of the tenants in the Business Center, however they would like the flexibility in the number of spaces/slats without returning to the Board, so long as the overall sign area is not increased. The petitioner maintains that the size of the building and its location on the lot are unique and that a literal enforcement of the bylaw involves a substantial hardship to the property owner and the community. The front section of the large building is set back nearly 275 feet from Station Avenue behind the parking lot. The rear "jogged" section of the building is set back nearly 320 sq. ft. from Station Avenue and located behind another building on a neighboring property fronting on Station Avenue that visually blocks much of the sites building and many of its constituent businesses. The petitioner maintains that having a larger sign is important, not only for aesthetic reasons relative to the size of the site and the buildings(s) thereon, but also for public safety and economic reason to safely and adequately inform the public not only where a particular business is in the center, but also what type of business it is and how to best access it. The applicant submits that there will not be any detriment to the public good, and that the request is not a substantial derogation from the overall intent of the bylaw. One tenant of the plaza spoke in favor the request. He has experienced difficulty by customers not knowing that he is located in the plaza. It will help his business to be able to have a sign on Station Avenue. The Board discussed the petitioner's request. The majority of the members felt that the criteria were not met. Members felt that the size requested was far larger than allowable, almost 3 times larger, and therefore it could not be justified. The Board has denied many other businesses requesting larger signs in business centers in the past, and to give a Variance for this site would be setting precedence. It was mentioned that a new sign code was being prepared for the next town meeting and that there would be some relief for business centers in that new bylaw. The members agreed that 18 sq. ft. is too small for business centers, that this is a very large site and a larger sign is warranted, but the requested relief did not meet the criteria in order to grant a Variance. The petitioner therefore asked the board to withdraw without prejudice their application, in order to seek other alternatives and or a new bylaw is approved that will allow a larger sign by right. Diane Moudouris, Acting Chairman 2 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Jonathon D. Idman Myer R. Singer Of Counsel July 14, 2009 Via First Class Mail Mr. Steven S. DeYoung, Chairman Yarmouth Zoning Board of Appeals 1146 Route 28 So. Yarmouth, MA 02664-4492 Tel: (508) 398-2221 Fax: (508) 398-1568 www.singcr-law.com Re: Request to Extend Sign Variance Petition No. 4214 Granted October 9, 2008 Prove : 484 Station Avenue, So Yarmouth, Map 97 Parcel 22 Property Owner: Linear Retail Yarmouth #1, LLC Tenant/ Permittee: The Stop & Shop Supermarket Company, LLC ("Stop & Shop") Dear Mr. DeYoung: On behalf of the property owner and Stop & Shop, I respectfully request an extension of the above -referenced variance for six months as provided for in M.G.L. Chapter 40A, Section 10 and the Town of Yarmouth Zoning By-law. Stop & Shop would like time to study and analyze its options for signage under the recent amendments to the sign provisions of the Zoning By-law before expending funds on fabricating and installing the signage authorized by the above -referenced variance. The variance is scheduled to expire October 2009 without an extension. However, should the sign amendments be approved by the Attorney General, the amendments will not be effective until approximately mid -August or later and application cannot be made under the new provisions until after that time. There is also significant lead-time in fabricating the previously approved signage. Please advise if you require that I appear in person at a regular meeting of the Board to present this request. Thank you for your consideration. cc: Ms. Christina Moreau, Agnoli Sign Compal V VLr-a•aYa)aaa as v. i•.i •JV a�-Tu.! TOWN OFY61 iT HBLE LAND COURT REGISTRY BOARD OF APPEALS YARMO ITN DECISION. To . , r ! FILED WITH TOWN CLERK: October 15, 2008 PETITION NO. #4214 ?MR OCT 15 PSI q: RECEIVE HEARING DATE: October 9, 2008 PETITIONER: Linear Retail Yarmouth #1, LLC by: The Super Stop & Shop PROPERTY: 484 Station Avenue, South Yarmouth Map and Parcel: 0097.22; Zoning District: Bl Registry of Deeds Doc: 1029687 MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, Sean Igoe, Renie Hamman, Joseph Sarnosky►; Debrn+*a tia; -b cIw.a_ ntAL4cLN,,, q 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 notice of the hearing and published in The Register, the hearing was opened and held on the date 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 B1 zone, and contains approximately 9.56 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 men 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 notioddecision 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) d David S. Reid, Clerk Board of Appeals 2 SUMMARY OF REASONING The Applicant, Linear Retail Yarmouth # 1 LLC ["Applicant"] owns the property located at 484 Station Avenue in South Yarmouth ["Property"]. The Property is shown as Parcel 22 on Yarmouth Assessor's Map 97 and is located in the B1 Zoning District. The building at the Property contains a number of different businesses constituting a "Business Center" under the Yarmouth Zoning By -Law ["Zoning By -Law"]. The Applicant purchased the Property in 2006 and is beginning to make improvements to maintain and improve the business viability of the Business Center. This sign request is an integral part of the proposed upgrades. The Applicant respectfully requests a variance from Section 303.4.5.2 of the Zoning By - Law to install and maintain a freestanding, 39.22 sq ft Business Center sign at the entrance to the Property per the submitted plans. The current freestanding sign will be removed. The proposed sign will conform to all other applicable zoning requirements including height and setback limitations. Under the relevant provisions of the Zoning By -Law, one freestanding Business Center sign not in excess of 18 sq ft is permitted per property in the B 1 Zoning District. As part of the upgrade, the proposed sign rendering (submitted) shows spaces for four of the tenants in the Business Center. The Applicant further requests flexibility in the number of spaces without returning to the Board, so long as the requested, overall sign area is not increased. The Applicant has thus applied to the Board of Appeals for a variance in accordance with Sections 102.2.2 and 303.12 of the Zoning By -Law and M.G.L. Chapter 40A, Section 10 to complete the sign upgrades as proposed. The Board of Appeals is authorized to grant variances when certain statutory criteria are satisfied. The Applicant respectfully submits that the criteria are satisfied in this case. The size of the building and its location on the Property are unique circumstances such that a literal enforcement of the provisions of the Zoning By -Law will involve a substantial hardship to the Applicant and the community. The front section of the large site building is set back nearly 275 ft. from Station Avenue behind the deep parking field. The rear, "jogged" section of the building is set back nearly 320 ft. from Station Avenue located behing another building on a neighboring property fronting on Station Avenue that visually blocks much of the site building and many of its constituent businesses. An appropriately- sized sign is important not only for aesthetic reasons relative to the size of the site and the building(s) thereon, but also for public safety and economic reasons to safely and adequately inform the traveling public not only where a particular business in the Center is located, but also what type of business it is and how to best to access it. The Applicant submits that the sign as proposed will help meet these needs in a practical and not overly large manner. In this situation, requested sign relief can be granted without causing any substantial 1 detriment to the public good and without a substantial derogation from the overall intent of the Zoning By -Law. To the contrary, the Applicant respectfully submits that the proposed sign will provide a significant benefit and improvement over the existing conditions. The size, location, design, texture, lighting and materials of the sign will be in harmony with the significant architectural features of the existing building on the Property and will be compatible with surrounding signs and architecture. Several freestanding signs in the immediate, surrounding area, including similar Business Center signs on other properties, are of similar size to the proposed sign. In terms of the public good, a larger sign provides better viewing range and letter visibility thereby increasing traffic safety on the major thoroughfare from which the Property takes access. The proposed sign will not cause or contribute to any undue nuisance, hazard or congestion in the neighborhood, zoning district or Town, and will beneficially contribute to and enhance the goal of the anticipated site upgrades. For all the above reasons, the Applicant requests that the Board make the necessary findings and grant the variance as requested to allow the freestanding Business Center sign as shown on the submitted plans.