HomeMy WebLinkAboutSR-2024-021 525 South St Community LLC 525 South St HY Signage Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2024-021 – 525 South St Community LLC
Sections 240-85 A., 240-71, 240-65A, 240-65 C., 240-42
To allow relief from square footage and number of signs requirements in the DMS District
Date: May 23, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: 525 South Street Community LLC
Property Location: 525 South Street, Hyannis, MA
Assessor's Map/Parcel: 308/162
Zoning: Downtown Main Street District (DMS)
Filed: May 3, 2024 Hearing: June 12, 2024 Decision Due: August 11, 2024
Copy of Public Notice
Susan Battista has petitioned for a Variance pursuant to Section 240-85A Permit Required, Section
240-85B Illegal Signs, Section 240-71 Signs in DMS, Section 240-65A Number of Signs Per
Business, Section 240-65C Total Square Footage of All Signs, and Section 240-42 Hyannis Main
Street Waterfront Historic District Commission B)(2) Approval Required. The Petitioner seeks relief
from square footage and total number of signs. The Petitioner seeks to have 3 signs where 2 are
allowed and seeks to have 87 sq. ft. of signage where 50 sq. ft. is allowed. The subject property is
located at 525 South Street, Hyannis, MA as shown on Assessor’s Map 308 as Parcel 162. It is
located in the Downtown Main Street (DMS) Zoning District.
Background
The subject property is a 0.2 acre lot with frontage on South Street and Newton Street in downtown
Hyannis at the east end, and contains a mixed use building containing 12,792 square feet and
constructed in 2005.
According to the petition, the business is called Hyphen and events and activities are open for all.
They rent the existing space for artist workshops and activities for young adults with intellectual
differences.
The Petitioner received a Notice of Zoning Violation and Order to Cease and Desist and Abate
dated January 12, 2024 for signage which exceeded the square footage and number.
Proposal & Relief Requested
Susan Battista has petitioned for a Variance pursuant to Section 240-85A Permit Required, Section
240-85B Illegal Signs, Section 240-71 Signs in DMS, Section 240-65A Number of Signs Per
Business, Section 240-65C Total Square Footage of All Signs, and Section 240-42 Hyannis Main
Street Waterfront Historic District Commission B) (2) Approval Required. The Petitioner seeks relief
from square footage and total number of signs. The Petitioner seeks to have 3 signs where 2 are
allowed and seeks to have 87 sq. ft. of signage where 50 sq. ft. is allowed. The subject property is
located at 525 South Street, Hyannis, MA.
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:
Town of Barnstable Planning and Development Department Staff Report
Appeal 2024-021 – 525 South Street Community LLC
2
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.
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. 2024-021 is granted to Susan Battista for a Variance pursuant to Section 240-
85A Permit Required, Section 240-85B Illegal Signs, Section 240-71 Signs in DMS, Section
240-65A Number of Signs Per Business, Section 240-65C Total Square Footage of All Signs,
and Section 240-42 Hyannis Main Street Waterfront Historic District Commission B)(2)
Approval Required for relief from square footage and total number of signs specifically to have
3 signs where 2 are allowed and seeks to have 87 sq. ft. of signage where 50 sq. ft. is allowed
at 525 South Street, Hyannis, MA.
2. The proposed signage shall be constructed in substantial conformance with plans included in
the Petition called “South Street View, and Newton Street View”.
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
Attachments: Application
Signage Plans