HomeMy WebLinkAbout5026 760 Route 28 Decision RecordedBic 35928 Ps 230 031446
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 26, 2023
5026
June 8, 2023
YARMOUTH TOWN CLERK
123JUN26AN10.47 REC
CIK Auto Group, Inc., dba Cape & Islands KIA
MASH Realty LLC
17 Old Main Street, West Dennis, MA
760 Route 28, South Yarmouth, MA
Map 33, Parcel 36.1
Zoning District: B-2
Title: Book 34709, Page 146
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie,
John Mantoni and Sean Igoe
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 is CIK Auto Group, doing business as Cape & Islands Kia, which property is
located at 760 Route 28, South Yarmouth, Massachusetts in a B-2 zoning district_ The applicant
seeks to modify an existing Special Permit 4799 2019. Specifically, the applicant seeks to
replace an existing sign of 54 ft.2 with a 40 ft.' freestanding sign with the new Kia logo.
Additionally, the current sign on the building will be reduced from 24 inches to 18 inches in
height. The various forms of relief sought by the petitioner was felt to be unnecessary, other than
for a Variance to allow for the requested relief Overall, the variation from the same code
limitations previously granted was to be reduced, not increased. The building is set back
significantly from the street (Route 28). The sign in the front of the building is modest and not
atypical for other like business signs. Its reduction in size from what exists is helpful to the
Board in considering the relief sought by the petitioner, and since it exceeds the same code
limitations, a Variance is needed for each relief sought.
Both Steven Sewell, President, and Ted Zambelis, Executive Partner, Cape & Islands Kia, did a
fine job in presenting the merits of the petition. Collectively, the Board
well -presented recommendations of Mr. Igoe that a Variance, for each
relief could be granted as denying the petitioner would result in financi
Bk 35928 Pg231 #31446
hardship is due to circumstances relating to the shape of the lot, being a deep lot, with a building
situated far from the street, and that desirable relief could be granted, without either substantial
detriment to the public good; or nullifying or substantially derogating, from the intent or purpose
of the bylaw. A motion was made by Mr. Martin, seconded by Mr. Manton, for the request for
relief by way of Variance for both the freestanding sign, and the attached sign to the building, be
granted without conditions.
After discussion, a roll call vote was taken, and the motion passed, 5 in favor and none opposed.
- Mr. Mantoni: AYE
- Mr. Igoe: AYE
- Mr. Fraprie: AYE
- Mr. Martin: AYE
- Chairman DeYoung: AYE
The Variance relief for each sign was 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 MOL c40A section 17 and must be filed within 20
days after filing of this noticeldecision with the Town Clerk. Unless otherwise provided herein, a
Variance shall lapse if the rights authorized herein are not exercised within 12 months (See bylaw
§ 103.2.5, MOL c40A § 10)
Steven DeYoung, 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 #5026 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.
- iy
Macy A. Maslowski
JUL 17 2023