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HomeMy WebLinkAbout5237 484 Station Ave Decision Certified 06.29.26YARMOUTH TOWN CLERK RE JUN 29'26 PK12:26 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: PROPERTY: TOWN OF YARMOUTH BOARD OF APPEALS DECISION June 29, 2026 5237 June 11, 2026 Agnoli Sign Co., Inc. Great Station LP 484 Station Avenue, South Yarmouth, MA Map 97, Parcel 22 Zoning District: B-1, APD, Zone II Document #1,517,384 Certificate #238287 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, 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 stated above. The petitioner seeks relief to exceed the maximum allowed height, square footage, and number of signs for the existing Stop & Shop supermarket located at 484 Station Avenue, South Yarmouth, Massachusetts. The property is located in the B-1 zoning district, is comprised of —9.56 acres of area, and is fully developed with a business center. Christina Moreau, Account Executive, Agnoli Sign Co., Inc., represented the petitioner who proposes to replace the existing Stop & Shop wall sign with a new sign, containing the company's new logo and to attach a second sign with the tagline, "Serving our communities since 1914". The square footage of the proposed wall signs are as follows: 1) one logo sign measuring —117 square feet; and 2) one tagline sign measuring —34 square feet. The logo sign will consist of channel letters with LED illumination. The tagline sign will not contain any additional company name and will not be illuminated. The two wall signs are shown on the petitioner's plan, entitled "Stop & Shop/2018 Logo/MA", by Agnoli Sign Company Inc., revised February 11, 2026. At the hearing, the petitioner noted that the monument sign is shown on the plan for reference only, as no relief is required for the monumeentt�signEat tthhis PY time— cm 01'�'z a �ozs The petitioner testified that the relief is needed because the building, in which Stop & Shop is a tenant, is set back more than 200 feet from Station Avenue. While the signs proposed for this Stop & Shop supermarket are reduced in size, compared to their other supermarkets, these signs are consistent with previous Stop & Shop branding changes, including at 7 Long Pond Drive (Decision #5135, dated October 24, 2024). There were no public comments either in favor or against the petition. One Board Member was concerned about the lack of trees on the subject property. However, the Board was reluctant to hold the petitioner, who is the sign company, and not the property owner, responsible for the entire business center which includes a number of different tenants. It was the consensus of the Board that the granting of a Special Pcrmi would not create any undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. A motion was made by Mr. Mantoni, seconded by Mr. Martin, to grant the Special Permit, as requested. The members voted as follows: Mr. Martin -AYE; Mr. Mantoni-AYE; Ms. Murphy - AYE; Mr. Panebianco-AYE; Chairman Igoe -AYE. The motion was voted 5-0 in favor. Therefore, the Special Permit was granted. A motion was made by Mr. Martin, seconded by Mr. Panebianco, to allow the petitioner to withdraw the request for a Variance without prejudice. The members voted as follows: Mr. Martin -AYE; Mr. Mantoni-AYE; Ms. Murphy -AYE; Mr. Panebianco-AYE; Chairman Igoe - AYE. Therefore, the request for Variance 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, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw § 103.2.5, MGL c40A §9) 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 #5237 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 JUL 2 O 2026 A T'RUE COPY ATTEST: CM J UC�M2 O DO CLERK Koe, COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5237 Date: July 20, 2026 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: Great Station LP Affecting the rights of the owner with respect to land or buildings at: 484 Station Avenue, South Yarmouth, MA; Map 47, Parcel 22; Zoning District: B-1, APD, Zone II; Document #1,517,384; Certificate #238287 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. Sean Igoe, Chairman A TRUE COPY ATTEST. CMM0 CMC / TO CLERK JUL 20 2D�