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HomeMy WebLinkAboutSR-2024-017 518-556 Yarmouth Rd LLC 556 Yarmouth Rd HY signage Variance Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No. 2024-017 – 518-556 Yarmouth Rd LLC Section 240-125 B. (1) (c ) and Section 240-61 C. Prohibited Signs To allow tube lighting to be located in the front of the Car Dealership Date: May 23, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioner: 518-556 Yarmouth Road LLC Property Location: 556 Yarmouth Road, Hyannis, MA Assessor's Map/Parcel: 344/076-001 Zoning: Business (B) Filed: April 24, 2024 Hearing: June 12, 2024 Decision Due: July 31, 2024 Copy of Public Notice 518-556 Yarmouth Road LLC has petitioned for a Variance pursuant to Section 240-61 (C) Prohibited Signs. Recent building construction includes a functioning lighting provision serving to outline portions of the building, which was deemed a violation by the Building Commissioner. The Petitioner seeks to allow the previously installed lighting to remain. 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. Background The subject property is a 3.34-acre lot with frontage on Yarmouth Road and Rosary Lane in Hyannis, MA. The lot contains 22,564 square feet auto sales, service, and repair business constructed in 2022. Proposal & Relief Requested 518-556 Yarmouth Road LLC has petitioned for a Variance pursuant to Section 240-61 (C) Prohibited Signs. Recent building construction includes a functioning lighting provision serving to outline portions of the building, which was deemed a violation by the Building Commissioner. The Petitioner seeks to allow the previously installed lighting to remain. The subject property is located at 556 Yarmouth Road, Hyannis, MA. According to the petition, the sign permit had been submitted and approved by the Building Department and subsequently a complaint was filed which prompted an investigation. The Petitioner appealed the Building Commissioners decision, and the Zoning Board of Appeals upheld the Building Commissioners decision, that the lighting was a sign and was thus prohibited under Section 240-61 C. The Petitioner is now seeking a Variance from that same section to allow the previously installed lighting determined to be a sign to remain. 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; Town of Barnstable Planning and Development Department Staff Report Appeal 2024-017 – 556 Yarmouth Rd LLC 2 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. 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. 2024-017 is granted to 518-556 Yarmouth Road LLC pursuant to Section 240-61 (C) Prohibited Signs. Recent building construction includes a functioning lighting provision serving to outline portions of the building, which was deemed a violation by the Building Commissioner to allow the previously installed lighting to remain at 556 Yarmouth Road, Hyannis, MA. 2. The proposed signage shall be constructed in substantial conformance with the plan entitled “Jeep Cape Cod” by Regent Associates, Inc., Architects, sheets A1.1 - A3.1 dated May 05, 2022. 3. 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 Sign Permit. The rights authorized by this Variance must be exercised within one year, unless extended. Copies: Applicant (Attorney Ford) Attachments: Application Signage Plans