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Home My WebLink About1070 IYANNOUGH ROAD/RTE132 - FESTIVAL MALL SIGNAGE ISSUES A0.0 - 10740 #4=vrl- . lqmotwy— i I a i . I k aA5` ,�� 3.,, •+ j ,per d ne �'r tore, ey. _ W. ENNY CRAIG r. .� wF �t OUTBACK b s a Y*4 CSTEAKHOUSE CAPE PA ff IDERICA 1 . r — r a �i 7017 AUG 22- Nil DIV A `' Vet R4 71 Ve' THE RUGGED SEAR 4 w-- t9,arHiha FOR+t1a5 PARTY MERI A P�. --- VACUUM� sr a�wouse e AV ,, >. �awa� s• o '-+iv8dlly „ #'y� ,: _. a�'Y s,, r 4 •,,,�.. '- �� •- r ,� �. � � :� .p " _ � a �ad � q. a s'a c - r. r l t . .ro n 1 Y +�h V ])[ }\§ ]U N§UI . f N r?" .\ Town of Barnstable Zoning Board of Appeals Decision and Notice ?`'; ! } ' 141 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) 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,76.3 6 sq.ft sign for-the entrance onto Hadaway Road and a 16'-6" high, 142.54 sq.ft. sign for the entrance onto.Route'02 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 plansfor 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-SKI 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 in 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 interior lit. I� 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. 2 - 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 and Chairman Ron S. Janson NAY: None 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. 1�1'l�al Ron S.J sson, hairman 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 g day of 90v under the pains and penalties of perjury. Linda Hutchenrider,.Town.Clerk 3 _ I