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HomeMy WebLinkAbout0055 HIGH SCHOOL ROAD (2) 1417 �aoo L i Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998-67 -Hyannis North Limited Partnership Variance to Section 4-3.7 -Signs in Business Districts Summary: Granted with Conditions Applicant: Hyannis North Limited Partnership Property Address: Parcel 227- 1:82.North Street-Parcel 228- 16.North Street; Parcel 267 55 High Schoo Road, Hyannis C. "'- Assessor's Map/Parcel: Map 309, Parcels 227,228 and 267 Area: 0.91 acre Building Area: 9,750 sq.ft. Zoning: B Business Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of three lots totaling 0.91 of an acre. A 9,750 sq. ft. CVS Store is presently being constructed on the property. At this point in time, the exterior of the building is complete. The property is on public water and sewer, and is located within a B Business Zoning District. The applicant is seeking a variance to Section 4-3.7 of the Zoning Ordinance for the total number of allowable signs, maximum height of a free-standing sign, total square footage allowable for a free- standing sign, and the size and height of directional/safety signs. Any increase in the height, number of signs or the square footage above that allowed by the Zoning Ordinance must have a variance from the Zoning Board of Appeals. The sign drawings submitted to the Board's office showed a total of 281.71 square feet, including two CVS/pharmacy wall signs, two 1-Hour Photo wall signs, two drive-thru pharmacy wall signs and One 18' high free-standing sign. The applicant is allowed a total of 100 sq. ft. of signage. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 31, 1998. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened May 13, 1998, at which time the Board granted a variance to the sign provisions with conditions. Hearing Summary: Board Members hearing this appeal were Gene Burman, Gail Nightingale, Richard Boy, Elizabeth Nilsson, and Acting Chairman Ron Jansson. Attorney John Kenney represented the applicant. Supporting staff present were Irving Smith, Mandeville Signs, Inc., and Jeffrey Coffman of Hyannis North Limited Partnership. A memorandum in support of this appeal was previously submitted by Mr. Kenney. At the opening of the Hearing, Attorney Kenney stated that in view of some letters of concern that were submitted to the file, the applicant is reducing their signage request. He submitted new plans. Mr. Kenney explained this CVS is unique because it will have a 24 hour drive-thru window is located at the back of the store. He cited that the sign variance was needed to show the drive-thru location. Attorney Kenney reviewed the new plans. "Drawings A& B" show one CVS wall sign with 30" letters totaling 52.21 square feet and a second CVS wall sign with 30" letters also totaling 52.21 square feet. The reference to drive thru pharmacy and/or one hour photo are deleted from the request. These two signs total 104.42 square feet. The applicant is also seeking an information panel and awning signs. The information panel is to inform the public on how to use the drive up window and the awning sign is directional. The Board determined that directional/information signs are at the discretion of the Building Commissioner and relief is not required form the Board. Ms. Urenas stated the Building Commissioner indicated he will allow both the directional sign and the awning. f Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-67-Hyannis North Limited Partnership Variance to Section 4-3.7-Signs in Business Districts The third sign is shown on"Drawing C". It is a twelve foot high pylon sign. Ms. Urenas indicated the Building Commissioner will allow the twelve feet high sign. The main cabinet is to total 36.50 square feet and the double ancillary signs total 8.80 square feet. The two ancillary signs are to say"drive-thru pharmacy'and "open 24 hours". Adding all signs together, their is a total of 149.72 sq. ft on three signs. Attorney Kenney explained that the applicant is trying to comply with the suggestions of the business community by seeking less signage than what they were originally seeking. The Board asked Attorney Kenney if the letters could be made smaller- maybe 24 inches. If that were done, the size would still be over the amount allowed, but it would be more conforming. Attorney Kenney addressed the Board stating the applicant would be willing to reduce the size of the two CVS wall signs ("Drawing A"and"Drawing B") and the letters will be 24 inches. That would make each sign 33.41 square feet each. That brings the total signage to.112.21 square feet. The Zoning Ordinance allows 100 square feet so they would now be seeking a variance for the extra 12.21 square feet. As to Variance Conditions pursuant to Chapter 40A, Section 10,Attorney Kenney explained that the shape of the structure, and its location with frontage on two major roads is unique. The hardship in this case relates directly to the topographical conditions which make this property unique. The drive-thru window will be used by a wide variety of clientele who for many reasons, cannot exit their cars and need to use this drive-thru window. If the petition is granted there will be no detriment to the public good. The relief the petitioner is seeking is now only approximately twelve feet which can be granted without nullifying the intent or purpose of the Zoning Ordinance. Attorney Kenney stated new plans will be submitted to the file to reflect these changes - if the Variance is granted. Public Comments: Speaking in support was Mike Wyman, owner of Burger King, a direct abutter to the site. The Acting Chairman noted three letters of opposition were submitted to the file; one from Town Councilor Gloria Rudman, a second from Hyannis Main Street Waterfront Historic District, and a third from of the Barnstable Economic Development Commission. Acting Chairman Ron Jansson indicated the letters are based on the original request by the applicant before the changes that were made tonight. Findings of Fact: At the Hearing of May 13, 1998, the Board unanimously found the following findings of fact as related to Appeal No. 1998-67: 1. The applicant is Hyannis North Limited Partnership. The property address is.172-182 North Street, Hyannis, MA (Corner of North St. and High School Rd. Ext.) as shown on Assessor's Map 309, Parcels 227, 228, and 267. 2. The applicant is seeking a Variance from Section 4-3.7 (Signs in the Business District)of the Zoning Ordinance. 3. The petitioner is seeking permission for three signs as stated which total approximately 113.00 square feet in the aggregate. 4. The shape of the structure built upon the site which originally had three separate business zoned lots, on two major roadways, which carry high volumes of traffic is unique. 5. This building, designed to be used as a CVS Pharmacy, will be approached from four different directions due to its unique location on these two major roadways. 6. The signs have been designed to be in scale with the size of the building and to give the location sufficient visibility as to be easily located by the store clientele. 7 The relief may be granted without substantial detriment to the public good and without nullifying or h substantially derogating from the intent or purpose of the Zoning Ordinance. 8. No findings are made pursuant to MGL Chapter 40A, Section 10. i 9. The site has received Site Plan Review Approval. 4 C 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-67-Hyannis North Limited Partnership Variance to Section 4-3.7-Signs in Business Districts Decision: Based upon the findings a motion was duly made and seconded to grant the applicant a Variance to the sign provision with the following terms and conditions: 1. The signs shall be as presented to the Zoning Board of Appeals and as shown on the drawings entitled "Mandeville Signs Inc., for CVS/Pharmacy, Drawing No. H-086-A2, Drawing 1-1-086-62 and Drawing H-086-C." 2. The wall signs, as shown on Drawing No. H-086-A2 and Drawing No. H-086-B2,will [each] be 24 inches in height, and 16.9 feet in length, for a total of 33.41 square feet[each]. The signs stating "drive-thru pharmacy"have been eliminated from Drawing No. H-086-A2 and Drawing No. H-086-B2. 3. The pylon sign, as shown on Drawing No. H-086-C, shall have a main cabinet totaling 36.50 square feet and a double ancillary sign to say"24 hours"and "drive-thru pharmacy"for a total of 45.30 square feet. The pylon sign shall not exceed twelve feet in height. 4. There shall be no additional signs allowed on this site without permission from the Zoning Board of Appeals. Discussion: The directional information panel, and the directional awning over the drive up window are permitted at the discretion of the Building Commissioner. , The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Gene Burman, Elizabeth Nilsson, and Acting Chairman Ron Jansson NAY: None Order: Sign Variance Number 1998-67 has been granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. , 1998 Ron S. Jansson,Acting Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk J,