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BARNSr'ABLE,
MASS.
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Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal 2001-02- Estate of James Campbell- Festival Mall
Variance - Section 4-3. Sign Regulations
Summary: Granted with Conditions
Applicant: Estate of James Campbell(Festival Mall)I
Property Address: 1070 Iyannough Rd. (Route 132),Hyannis MA
Assessor's Map/Parcel: Map 295,Parcels 019.X01 and Parcel 019.X02
Zoning: B Business,HB Highway Business and Ind.Industrial Zoning Districts
Groundwater Overlay: GP Groundwater Protection District
Relief Requested:
The petitioner is requesting a Variance to Section 4-3.7 Sign Regulations - Signs in a Business District for the
height and size. The petitioner seeks two free standing signs. The applicant contends that according to the
zoning, the Business District would permit two free standing signs each 12 feet height and 50 sq.ft.in area,
at the discretion of the Building Commissioner.
• The petitioner seeks a 12 feet high,76.36 sq.ft. sign for the entrance onto Hadaway Road and
• , a 16'-6" high, 142.54 sq.ft. sign for the entrance onto Route 132
Background:
The site is the Festival Mall,a 228,051 sq.ft. retail shopping mall located on 27.16 acres. The mall is accessed
from both Route 132 (Iyannough Road) and the recently constructed Hadaway Road.
Procedural& Hearing Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
November 21,2000. An extension of time for holding the hearing and for filing of the decision was
executed between the applicants and the Board. 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 January 10,2001,at which time the Board granted the variances requested with conditions.
Board Members hearing this appeal were;Tom DeRiemer,Dan Creedon,Gail Nightingale,Jeremy Gilmore
and Chairman Ron S.Jansson. Attorney Patrick Butler represented the applicant.
Mr. Butler presented the proposal noting that all signs are to be located on the applicants property and not
on any public way. He cited the changes that have occurred with the building of Hadaway Road to the rear
of the plaza. The mall was not designed with that access,and there now was the need for a sign. He also
cited the lack of significant frontage on Rt. 132 and the lack of visibility to the shopping center.
He noted that there are no plans for signs on the rear of the buildings as they face onto Hataway Road. The
Board suggested that the plaza street number should be included on the signs
The public was invited to speak and no one spoke in favor or in opposition to this appeal.
Findings of Fact:
At the hearing of January 10,2001,the Board unanimously found the following findings of fact as related to
Appeal 2001-02:
1. In Appeal 2001-02 the applicant seeks a variance from Section 4-3 Sign Regulations for the locus,of the
Festival Mall,a retail shopping plaza. The locus is addressed as 1070 Iyannough Rd. (Route 132),
Hyannis MA,Assessor's Map 295,Parcels 019.X01 and 019.X02. It is located in the Business B,
Highway Business and Industrial Zoning Districts and is also in the Groundwater Protection Overlay
District
2. The applicant has petitioned for variance relief to allow a sign larger in area than permitted along Route
132 and a sign,higher and larger in area than permitted along Hataway Road.
3. The applicant has shown unique conditions due to the odd shape of the lot, the limited amount of
frontage on Route 132 and the setback distance of the buildings. Those existing conditions satisfy the
requirements of MGL Section 10,Chapter 40A.
4. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to
the petitioner.
5. 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.
6. With reference to Hataway Road, originally the buildings were situated without frontage onto Hataway
Road. That also creates a unique condition of the locus.
Decision:
Based on the findings of fact,a'motion was duly made and seconded to grant the applicants'request for a
Variance, subject to the following terms and conditions:
1. There shall be no more than 2 free-standing signs on the property,located as presented to the Board and
shown on plans entitled"Sign Location Plan Festival At Hyannis" dated 9/19/00, scaled at 1"=40'
drawn by Daylor Consulting Group Inc. and consisting of 2 sheets SK1 and SK2.
2. The sign along Route 132 shall not exceed 16 feet in high and not exceed 100 sq.ft. in area. The sign
along Hataway Road shall not exceed 12 feet it!high and not exceed 53 sq.ft. in area.
3. The signs are to be located completely on the applicant's land. No sign is to infringe on the layout of
Route 132 or Hadaway Road.
4. The signs shall be interiorrlit.
5. The signs shall not obstruct sight distance on either Route 132 or Hadaway Road. The applicant shall
provide a signed and stamped plan indicating that the proposed signage shall not impede visibility in any
way or manner, to the Building Department at the time a sign permit is applied for.
6. This sign variance is issued for the entire site known as the Festival Mall. No future sign variances will
be issued to the site unless this variance is presented with that future request and reviewed in conjunction
with the request.
The vote was as follows:
AYE: Tom DeRiemer,Dan Creedon,Gail Nightingale,Jeremy Gilmore, Chairman Ron S.Jansson
NAY: None
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Ordered:Variance 2002-02 has been granted with conditions.
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.
Ron S.Jansson, 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 under the pains and penalties of perjury.
Linda Hutchenrider,Town Clerk
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Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal Number 1999-151 - PetsMart
Variance to Section 4-3.7 Signs in Business Districts
Summary: Granted with Conditions
Applicant: PetsMart/North American Sign Company
Property Address: 1070 lyannough Road (Route 132), Hyannis
Assessor's Map/Parcel: Map 295, Parcels 019.X01 &019.X02
Area: 27.16 acres
Zoning: B Business Zoning District
Groundwater Overlay: GP Groundwater Protection District
Background:
The property consists of two lots totaling 27.16 acres and is the site of the Festival Mall in Hyannis.
PetsMart is in the process of constructing a 19,235 sq. ft. retail building to the east of the existing Pier 1
Imports/LensCrafters building. The site is located in a B Business Zoning District.
The applicant is seeking relief'from the maximum allowable sign area and the number of wall signs
permitted for this business. A total of 3 wall signs are being proposed on the front facade of the building.
The Town's sign regulations only allow 1 wall sign per business in B Districts and a total square footage
for all signs (to include any free-standing signs) of no more than 10%of the area of the building wall or
100 sq. ft., whichever is the lesser amount.
The applicant is seeking a Variance to Section 4-3.7 of the sign regulations in order to permit a total of 3
wall signs that exceed the allowable square footage.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
September 21, 1999. A 60 day extension of time for holding the hearing and for filing of the decision was-
executed between the applicant and the Board Chairman. 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 December 15, 1999, at which time the Board granted a Variance with conditions.
Hearing Summary:
Board Members hearing this appeal were Ron Jarisson, Richard Boy, Gene Burman, Gail Nightingale, and
Chairman Emmett Glynn. Peter Houser, Zoning Specialist, represented the applicant.
Mr. Houser explained the relief being sought. The applicant is seeking a primary identification sign for
PetsMart which will total 208.12 square feet. The building is very large (26,000 square feet)with a 3,400
square foot front facade. Because the sign will represent only 6% of the facade, it is not an `oversignage"
situation. The sign will not be visible from Route 132. The sign itself includes the registered trademark for
the company which is their name and a"ball and bounce" line. This configuration is unique only to
PetsMart. Mr. House indicated a strict interpretation of the sign code would be a hardship to the applicant
because PetsMart would not be able to adequately identify itself to the public. If the sign code were strictly
followed,the lettering could only be 22 inches high and would look disproportionate to the building.
PetsMart usually uses 72 inch letters and the requested 48 inch letters is already a reduction to the usual
lettering on their signs.
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal Number 1999-151 -PetsMart
Variance to Section 4-3.7 Signs in Business Districts
Mr. Houser reported he would like to amend his application to withdraw his request for a VetsMart sign.
He would also like to add to his request permission to have their name (PetsMart) on the pylon sign at the
entrance of the development.
The Board asked Mr. Houser to substantiate why he needs such big letters. No other building in this plaza
has letters that big. If this is a destination point (as the applicant has stated), then the sign is needed only
for identification and does not need to be that big. Mr. Houser responded that it would be disproportionate
if the lettering were reduced on such a big structure. However, the Board felt the size of the letters was
overwhelming and since this structure is inside a plaza that size lettering is not needed.
The applicant asked to again amend his application to reduce the letters to 36 inches in height and he
would be amicable to not having either the VetsMart sign or the Grooming sign. In that case,the Variance
request would be for only 16 square feet since the sign will total 116 square feet and 100 square feet is
allowed.
Public Comment: No one spoke in favor or in opposition to this appeal.
Findings of Fact:
At the hearing of December 15, 1999, the Board unanimously found the following findings of fact as
related to Appeal No. 1999-151:
1. The applicant, PetsMart/North American Sign Company, is seeking a Variance to Section 4-3.7 Signs
in the Business District. The property address is 1070 lyannough Road (Route 132), Hyannis, MA as
shown on Assessor's Map 295, Parcels 019.X01 &019.X02. The property consists of two lots totaling
27.16 acres and is the site of the Festival Mall in Hyannis. The site is located in a B Business Zoning
District.
2. PetsMart is in the process of constructing a 19,235 square feet building to the east of the existing Pier
1 Imports/LensCrafters building. The building consists of a 3,400 square feet facade and the ,
petitioner is seeking to erect on this building one sign for the logo PetsMart as presented in their
plans.
3. In this petition, the applicant is also requesting additional signs for the VetsMart as well as for the
Grooming, however the applicant has now withdrawn his request for those signs.
4. The overall square footage of the proposed sign of the PetsMart- because of the configuration of the
lettering and the"bouncing ball" - is 208 square feet. The maximum allowed under the Zoning
Ordinance in this district is 100 square feet. Therefore, the applicant is seeking a Variance of 108
square feet.
5. The size of the structure and the facade itself would require a sign (for aesthetic purposes)"greater
than what is customarily allowed under the Zoning Ordinance.
6. This store is a destination store and people will come to it irrespective of how big the sign is. A sign of
208 square feet would be an aberration of.the Zoning Ordinance and can not be justified. However, a
three foot lettered sign consisting of not more than 116 square feet in total, in the rectangle including
the logo, would be somewhat consistent with local signs throughout this shopping complex.
7. To limit the sign to three feet in height would not substantially derogate from the intent or purpose of
the Zoning Ordinance.
8. No findings are made under MGL Chapter 40A, Section 10.
9. The applicant is also seeking permission for a six (6) square foot panel sign on the Route 132
entrance sign. The total square footage for all signs for this business will not be more than 122
square feet.
Decision:
Based on the findings of fact, a motion was duly made and seconded to grant a Variance, subject to the
following terms and conditions:
1. The request for a"VetsMart" sign and a"Grooming" sign are deleted from this application and those
signs will not appear anywhere on any portion of this building.
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Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal Number 1999-151 -PetsMart
Variance to Section 4-3.7 Signs in Business Districts
2. The lettering of the sign shall not exceed three (3) feet in overall height. The total square footage of
the rectangle of the sign - including the logo - shall not exceed 116 square feet.
3. The petitioner may have a panel sign on the existing free-standing monument sign not to exceed six
(6) square feet.
4. There shall be no more than one sign on the front facade of the building.
The Vote was as follows:
AYE: Richard Boy, Gail Nightingale, Gene Burman, Ron Jansson, Chairman Emmett Glynn
NAY:, None
Order:
Variance Number 1999-151 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.
Emmett Glynn, 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 under the pains and penalties of
perjury.
Linda Hutchenrider, Town Clerk
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