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