HomeMy WebLinkAboutSR-2023-022 Capetown Plaza 790 Iyannough Rd HY Signage Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2023-022 – Cape Town Plaza LLC
Section 240-65 A.- E. and H. Signs in the B, UB, HB, HO and SD-1
To establish a comprehensive signage criteria for The Landing at Hyannis
Date: August 29, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: Capetown Plaza LLC c/o Amanda Chisholm
Owner: Town of Barnstable
Property Location: 790 Iyannough Road, Hyannis, MA
Assessor's Map/Parcel: 311/092
Zoning: Residence B (RB) and Highway Business (HB)
Filed: August 14, 2023 Hearing: September 13, 2023 Decision Due: November 22, 2023
Copy of Public Notice
Capetown Plaza LLC has petitioned for a Variance pursuant to Section 240-65 A. through E. and
H. Signs in B, UB, HB, HO, S&D, and SD-1 Districts. The Petitioner seeks to establish a
comprehensive site-wide tenant building and pylon signage criteria to regulate total allowable
signage area, location, and illumination for “The Landing at Hyannis”. The subject property is
located at 790 Iyannough Road, Hyannis, MA as shown on Assessor’s Map 311 as Parcel 092. It
is located in the Business (B) and Highway Business (HB) Zoning Districts.
Background
The subject property is a 26.72 acre lot with frontage on Iyannough Road and Airport Road in
Hyannis, MA. The lot contains six buildings containing a total of 207,461 gross square feet of
commercial use built in 1973.
The property has the benefit of many previous Zoning Board of Appeals actions, but the following
are previous sign variances only:
Variance 1990-048 was granted for the Filenes Basement sign for 190 square feet.
Variance 1996-020 was granted for Tweeter for additional exterior signage.
Variance 1998-085 was granted for Boaters World for additional wall signs.
Variance 1999-137 was granted for IHOP size and height for the existing free-standing sign.
Proposal & Relief Requested
Capetown Plaza LLC has petitioned for a Variance pursuant to Section 240-65 A. through E. and
H. Signs in B, UB, HB, HO, S&D, and SD-1 Districts. The Petitioner seeks to establish a
comprehensive site-wide tenant building and pylon signage criteria to regulate total allowable
signage area, location, and illumination for “The Landing at Hyannis”. The subject property is
located at 790 Iyannough Road, Hyannis, MA.
The Petitioner states the signage criteria outlined would regulate total allowable signage area,
location, and Illumination. This would create a comprehensive approach to signage at The
Landing and prevent individual tenants from coming in with frequent sign variance applications as
has historically been done.
Town of Barnstable Planning and Development Department Staff Report
Appeal 2023-022 – Capetown Plaza
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According to the plans, the Applicant requests:
Location A
Total signage area per tenant: 100 square feet
Internally illuminated face lit, halo lit, exposed LED source lit, or externally lit signs
are required.
Max sign height: 3 feet
Max width: Varies
Sign shall be a min of 12 inches offset from Tenants lease line and min of 6 inches
offset from top and bottom.
Max depth: 3 inches.
Location B
Total signage area per tenant: 225 square feet.
Internally illuminated face lit, halo lit, exposed LED source lit, or externally lit signs
are required.
Max Sign Height: 6 feet.
Max width: Varies.
Centered horizontally and vertically over architectural entrance.
Max Depth: 6 inches.
Location C
Total signage area per tenant: 350 square feet.
Internally illuminated face lit, halo lit, exposed LED source lit, or externally lit signs
are required.
Max Sign height: 10 foot 6 Inches.
Max Width: Varies.
Centered horizontally and vertically over architectural entrance.
Max. Depth: 6 inches.
Staff Comments
The Board may wish to review the proposed Floor and Decor signage for overall compliance to the
comprehensive signage package.
Also, Staff would like to remind the Board that a proposed comprehensive signage package was
requested several times over the years by this Board.
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.
Town of Barnstable Planning and Development Department Staff Report
Appeal 2023-022 – Capetown Plaza
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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. 2023-022 is granted to Capetown Plaza LLC pursuant to Section 240-65 A.
through E. and H. Signs in B, UB, HB, HO, S&D, and SD-1 Districts to establish a
comprehensive site-wide tenant building and pylon signage criteria to regulate total allowable
signage area, location, and illumination for “The Landing at Hyannis” located at 790 Iyannough
Road, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan package
entitled “The Landing at Hyannis” dated July 31, 2023 by WS Development pages 1-11.
3. This Variance grants the Petitioner the following:
Location A
Total signage area per tenant: 100 square feet
Internally illuminated face lit, halo lit, exposed LED source lit, or externally lit
signs are required.
Max sign height: 3 feet
Max width: Varies
Sign shall be a min of 12 inches offset from Tenants lease line and min of 6
inches offset from top and bottom.
Max depth: 3 inches.
Location B
Total signage area per tenant: 225 square feet.
Internally illuminated face lit, halo lit, exposed LED source lit, or externally lit
signs are required.
Max Sign Height: 6 feet.
Max width: Varies.
Centered horizontally and vertically over architectural entrance.
Max Depth: 6 inches.
Location C
Total signage area per tenant: 350 square feet.
Internally illuminated face lit, halo lit, exposed LED source lit, or externally lit
signs are required.
Max Sign height: 10 foot 6 Inches.
Max Width: Varies.
Centered horizontally and vertically over architectural entrance.
Max. Depth: 6 inches.
4. This 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 issuance of a building permit. The rights authorized by this Variance must be
exercised within one year, unless extended.
Copies: Applicant
Town of Barnstable Planning and Development Department Staff Report
Appeal 2023-022 – Capetown Plaza
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Attachments: Application