Loading...
HomeMy WebLinkAboutSR-2025-038 Speedway LLC 156 Iyannough Rd RTE 28 HY Sign Variance Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Variance No. 2025-038 – Speedway LLC/Dunkin’ Section 240-24.1.5.4. (a) Illuminated Signs in downtown zoning districts are prohibited To allow a12.12 square foot illuminated sign at the Dunkin Donuts Date: December 18, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioner: Speedway LLC/Jason Parillo, Viewpoint Sign and Awning Property Location: 156 Iyannough Rd/Rte. 28, Hyannis, MA Assessor's Map/Parcel: 328/151 Zoning: Highway Commercial (HC) Zoning District Filed: November 18, 2025 Hearing: January 14, 2026 Decision Due: February 26, 2026 Copy of Public Notice Speedway LLC has applied for a Variance pursuant to Section 240-24.1.5 4.(a) signs in the HC District. The Applicant is seeking to replace the existing 20.66 sq. ft. internally illuminated “Dunkin Donuts” wall sign with a new 12.12 sq. ft. internally illuminated “Dunkin” wall sign. The area of the façade is 971.1. sq. ft., therefore, 97.1 sq. ft. of signage is allowed. The existing Speedway sign is 18 sq. ft., making the proposed total for both signs 30.12 sq. ft. The subject property is located at 156 Iyannough Road, Hyannis, MA as shown on Assessor’s Map 328 as Parcel 151. It is located in the Highway Commercial (HC) Zoning District Background The subject property is 0.82 acres with a Speedway gas station and Dunkin Donuts located at the major intersection of Iyannough Rd/Rte. 28 and Yarmouth Road across the street from the railroad tracks. The structure is 1,910 gross square feet and was constructed in 2005. The area is commercial in nature with various lot sizes. Proposal & Relief Requested Speedway LLC has applied for a Variance pursuant to Section 240-24.1.5 4.(a) signs in the HC District. The Applicant is seeking to replace the existing 20.66 sq. ft. internally illuminated “Dunkin Donuts” wall sign with a new 12.12 sq. ft. internally illuminated “Dunkin” wall sign. The area of the façade is 971.1. sq. ft., therefore, 97.1 sq. ft. of signage is allowed. The existing Speedway sign is 18 sq. ft., making the proposed total for both signs 30.12 sq. ft. The subject property is located at 156 Iyannough Road, Hyannis, MA Procedure - NEW A complete application has been received and as such the Board shall open the hearing by vote of the Board. The Board shall then assign members and hear the matter before them. If the Board needs additional information the Board may continue this matter to a date certain. Once the Board has exhausted their review the Board shall motion to close the public hearing. At this time no new information or public comment is to be accepted by the Board. The Board shall now deliberate render a decision. When rendering a decision, a motion shall be made to (approve, approve with conditions, or deny) with the following findings and conditions. The Board shall state findings and may state or reference proposed conditions. Once findings and conditions are completed, a second Town of Barnstable Planning and Development Department Staff Report Variance No2025-038 – Speedway LLC/Dunkin’ 2 is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote. Lastly a vote is then called for. Variance Findings The statutory requirement of MGL Chapter 40A, Section 10 for granting a Variance is a three- prong test. The Board is required to find that each of the following three requirements has been met in order to consider granting the variance: 1. owing to circumstances related to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located; 2. a literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise to the petitioner; and 3. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. An application for a Variance that has met all three requirements “does not confer … any legal right to a Variance.” The Board still has the discretionary power to grant or not to grant the Variance. Suggested Variance Conditions Should the Board find to grant the Variance, it may wish to consider the following conditions: 1. Variance No. 2025-038, pursuant to Section 240-24.1.5 4.(a) signs in the HC District, to replace the existing 20.66 sq. ft. internally illuminated “Dunkin Donuts” wall sign with a new 12.12 sq. ft. internally illuminated “Dunkin” wall sign at 156 Iyannough Road/Rte 28, Hyannis, MA. 2. The proposed sign shall be in substantial conformance with the plan entitled “Dunkin” by Viewpoint Sign & Awning, dated March 25, 2025. 3. The decision shall be recorded at the Barnstable County Registry of Deeds and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division prior to the issuance of a building permit. The rights authorized by this variance must be exercised within one year, unless extended. Copies: Applicant (Jason Parillo/Viewpoint Sign and Awning) Attachments: Application Plans