HomeMy WebLinkAboutSR-2024-027 Poyant Signs for CC5 1620 Falmouth Rd CENT Signage Variance
Town of Barnstable
Planning and Development Department
James Kupfer, Interim Director
Staff Report
Variance No. 2024-027 – Poyant Signs/Cape Cod 5
Section 240-65 Signs in B,UB,HB,HO, and SD-1 Districts
To allow the installation of additional wall sign and an oversized directional sign
Date: July 11, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: Poyant Signs for Cape Cod 5
Property Location: 1620 Falmouth Road, Centerville, MA
Assessor's Map/Parcel: 209/013
Zoning: Residence C (RC) and Highway Business (HB)
Filed: June 20, 2024 Hearing: July 24, 2024 Decision Due: September 28, 2024
Copy of Public Notice
Poyant Signs/Cape Cod 5 have applied for a Variance pursuant to 240-65 Signs in B, UB, HB, HO,
and SD-1 Districts. The Petitioner seeks to install an additional wall sign for a total of 3 wall signs
where 2 are allowed, and to install an oversized directional sign. The subject property is located at
1620 Falmouth Road, Centerville, MA as shown on Assessor’s Map 209 as Parcel 013. It is
located in the Residence C (RC) and the Highway Business (HB) Zoning Districts.
Background
The subject property is a 4.6-acre lot with frontage on Falmouth Road in Centerville. The lot
contains multiple buildings including a strip plaza, a post office, and a bank. This petition for a
Variance is for the Cape Cod 5 bank which contains 9,410 gross floor area constructed in 1975.
The area is commercial with residential use to the rear.
Proposal & Relief Requested
Poyant Signs/Cape Cod 5 have applied for a Variance pursuant to 240-65 Signs in B, UB, HB, HO,
and SD-1 Districts. The Petitioner seeks to install an additional wall sign for a total of 3 wall signs
where 2 are allowed, and to install an oversized directional sign. The subject property is located at
1620 Falmouth Road, Centerville, MA. The Petitioner is proposing: two Drive-thru wall signs
“clearance/do not enter”: both are 2.52 square feet, a non-illuminated directional sign of 7.37
square feet, and a single sided dimensional graphic sign of 11.25 square feet.
Procedure - NEW
A complete application has been received and as such the Board shall open the hearing by vote of
the Board. The Board shall then assign members and hear the matter before them. If the Board
needs additional information the Board may continue this matter to a date certain. Once the Board
has exhausted their review the Board shall motion to close the public hearing. At this time no new
information or public comment is to be accepted by the Board. The Board shall now deliberate
render a decision. When rendering a decision, a motion shall be made to (approve, approve with
conditions, or deny) with the following findings and conditions. The Board shall state findings and
may state or reference proposed conditions. Once findings and conditions are completed, a second
is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote.
Lastly a vote is then called for.
Town of Barnstable Planning and Development Department Staff Report
Appeal 2024-027 – Poyant Signs/Cape Cod 5
2
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.
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. 2024-027 is granted to Poyant Signs/Cape Cod 5 pursuant to 240-65 Signs in B,
UB, HB, HO, and SD-1 Districts. The Petitioner seeks to install an additional wall sign for a total
of 3 wall signs where 2 are allowed, and to install an oversized directional sign. The subject
property is located at 1620 Falmouth Road, Centerville, MA.
2. The proposed signage shall be constructed in substantial conformance with 12 pages dated
May 16, 2023 included in the Petition entitled “Cape Cod 5 ” with the following revisions: Page
5 revision dated of February 23, 2024, Page 6 revision date February 23, 2024, Page 7 revision
date of February 23, 2024, Page 8 revision date January 24, 2024, Page 10 revision date
January 24, 2024, Page 11 revision date January 24, 2024, and Page 12 revision date of
February 23, 2024.
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