HomeMy WebLinkAboutSR-2024-006 518-556 Yarmouth Rd LLC 556 Yarmouth Rd HY appeal of BC Decision
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Appeal No. 2024-006 – 518-556 Yarmouth Rd LLC
Appeal of Building Commissioners Determination
Date: March 14, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Appellant: 518-556 Yarmouth Rd, LLC
Subject Property: 556 Yarmouth Rd, Hyannis, MA
Assessor's Map/Parcel: 344/076-001
Zoning: Business (B)
Filed: February 14, 2024 Hearing: March 27, 2024 Decision Due: May 24, 2024
Copy of Notice
518-556 Yarmouth Road LLC has filed an Appeal of an Administrative Official’s Decision in accordance
with 240-125 B. (1)(A) and M.G.L. Chapter 40A Section 8. The Appellant seeks to overturn the Notice
of Violation and Order to Cease, Desist, and Abate from the Building Commissioner, dated January 19,
2024. The violation determined by the Building Commissioner is of the Barnstable Zoning Ordinance
Chapter 240 Section 61 C Prohibited Signs. Specifically, the recent building construction includes a
functioning lighting provision serving to outline portions of the building. The subject property is located
at 556 Yarmouth Road, Hyannis, MA as shown on Assessor’s Map 344 as Parcel 076-001. It is located
in the Business (B) Zoning District.
Appeal
This matter involves an appeal of the Building Commissioners Determination made on January 19,
2024 regarding the lights installed on the exterior of the building located at 556 Yarmouth Rd, Hyannis.
The Building Commissioner made the following determination:
1. The recent building construction includes a functioning lighting provision serving to outline
portions of the building which is a violation of Part 1 of the Town of Barnstable General
Ordinances, Part 1, Chapter 240 Section 61 C.
The Appellant seeks to overturn the Building Commissioners determination and suggests that the
lighting in question was already approved by the issuance of a building permit and that the lights in
question are not a sign and as a result would not be subject to Section 240-61 C.
Background
The parcel addressed as 556 Yarmouth Road, Hyannis contains 3.34 acres, and the current use is an
auto dealership constructed in 2022. The current zoning is Business (B).
Section 240-60 Definition
SIGN
Any permanent or temporary structure, light, letter, word, model, banner, pennant, insignia, trade flag,
representation or any other device which is used to advertise, inform or attract the attention of the public
and which is designed to be seen from outside a building, including all signs in windows or doors but
not including window displays of merchandise.
Section 240-61 C. Prohibited Signs
Any display lighting by strings or tubes of lights, including lights which outline any part of a building or
which are affixed to any ornamental portion thereof, except that temporary traditional holiday
Zoning Board of Appeals – Planning and Development Department Staff Report
Appeal No. 2024-006 – 518-556 Yarmouth Rd LLC
2
decorations of strings of small lights shall be permitted between November 15 and January 15 of the
following year. Such temporary holiday lighting shall be removed by January 15.
Procedural Review
This appeal was filed with the Town Clerk’s office and the Planning and Development Department,
Zoning Board of Appeals Office on February 14, 2024. The Building Commissioner determination is
dated January 19, 2024.
Findings
The Board shall make findings when either voting to uphold or overrule the Building Commissioner’s
determination. It is the Board’s responsibility to determine if the Building Commissioner properly
determined that the use does not violate the Zoning Ordinance.
Should the Board wish to uphold the Building Commissioner’s determination that the lights installed
that outline sections of the building at 556 Yarmouth Road, Hyannis are in violation of the Ordinance,
the Board should consider the following finding:
1. The Board affirms the Building Commissioner’s findings that the lights installed that outline the
sections of the building at 556 Yarmouth Road are in violation of Part 1 of the Town of Barnstable
General Ordinances, Part 1, Chapter 240 Section 61 C.
Should the Board wish to overrule the Building Commissioner’s determination that the lights installed
that outline sections of the building at 556 Yarmouth Road, Hyannis are not in violation of the
Ordinance, the Board should consider the following finding:
1. The Board finds that the lights installed that outline the sections of the building at 556 Yarmouth
Road are not in violation of Part 1 of the Town of Barnstable General Ordinances, Part 1,
Chapter 240 Section 61 C.
Procedural Information
Upon making findings, the Board may choose to vote to:
• Uphold the Building Commissioner’s determination; or
• Overrule the Building Commissioner’s determination,
A vote of 4 members of the Board is required to overrule the Building Commissioner’s decision.
CC: Appellant (c/o Attorney Ford)
Attachments: Appeal