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HomeMy WebLinkAbout5228 121 Route 6A Decision RecordedN , R Bk 37797 Pa57 `33384 TOWLEK RE M4 it-1 # Q ii, tit�eJ ? �.a8-13-2026 a 08 = 1 4cl � YAK TOWN OF YARMOUTH BOARD OF APPEALS DECISION =:I�ATTACXEESE �� 9 /~00 PORATE� \b� FILED WITH TOWN CLERK: May 19, 2026 PETITION NO: 5228 HEARING DATE: April 23, 2026 PETITIONER: Cape & Islands Signs PROPERTY OWNER: 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-A110) on August 11, 2025. Per a Violation Notice, dated February 10, 2026, from Deputy Building Cominissioner 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 Ju' individual acrylic letters would not be legible if restricted to the maximum flight of two (2) feat. A TRUE C %PYATTEST' J 2�r m"o / CMC / TOWN CLERK Vi♦ �l �J 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 detennined 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 Pen -nit without prejudice. The members voted as follows: Mr. Mantoni-AYE; Ms. Murphy -AYE; Mr. Panebianco-AYE; Chainnan Igoe -AYE. The motion was voted 4-0 in favor. Therefore, the Special Pen -nit was withdrawn without prejudice. No pen -nit 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 I, Mary A. Maslowski, Town Clerk, Town of Yannouth, do hereby certify that 20 days have elapsed since the filing with ire of the above Board of Appeals Decision #5228 that no notice of appeal of said decision has been filed with ire, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. Mary ,' g4sk4ski,`IMc, CMMC a\ uF c9 Ti'EST CMC / TOWN CLERK rr, Fp"p 0 P. .r€ia -O MAT7'ACHEESE- 9 cORPORATEO \6`� Petition #: 5228 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: June 9, 2026 Certificate of Granting of a Variance (General Laws Chapter 40A, Section 10) The Board of Appeals of the Town of Yannouth Massachusetts hereby certifies that a Variance has been granted to: PETITIONER: Cape & Islands Signs PROPERTY OWNER: Cape Cod Cooperative Bank Affecting the rights of the owner with respect to land or buildings at: 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 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance, 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 Variance, 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 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register T R U E COPY �ATTEST CM / TOWN CLERK P, JUN - 9