HomeMy WebLinkAboutSR-2024-032 Cardi's Furniture 621 Iyannough Road HY Signage Variance
Town of Barnstable
Planning and Development Department
James Kupfer, Interim Director
Staff Report
Variance No. 2024-032 – Cardi’s Furniture
Section 240-125 B.(C) Variances
Signs in B and HB Districts
To allow the installation of an additional 67.5 square foot building sign and a 6 square foot free
standing sign in excess of what’s allowed
Date: September 24, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Property Owner: Sailfish Partners Limited
Petitioner/Tenant: Cardi’s Furniture
Property Location: 621 Iyannough Road, Hyannis, MA
Assessor's Map/Parcel: 311/004
Zoning: Business (B) and Highway Business (HB)
Filed: August 29, 2024 Hearing: October 9, 2024 Decision Due: December 7, 2024
Copy of Public Notice
Cardi’s Furniture, as tenants, have applied for a Variance pursuant to Section 240-125 B (C)
Variances for Signs in the B and HB Districts. The Applicant seeks to install an additional 67.5-
square foot building sign facing Iyannough Road and a 6-square foot free standing street sign from
Nightingale Lane, both signs exceed the allowable size and number. The subject property is
located at 621 Iyannough Road, Hyannis, MA as shown on Assessor’s Map 311 as Parcel 004. It is
located in the Highway Business (HB) and Business (B) Zoning Districts.
Background
The subject locus consists of two parcels (No. 004 & 089) totaling approximately 1.76 acres in size
fronting on Route 132 (Iyannough Road) and Nightingale Lane. The site is improved with a 20,318
square foot retail store previously World Market and Bed, Bath and Beyond.
Previous Board of Appeals actions:
Special Permit No. 2000-43 - The Board allowed the demolition of several buildings on the site
and the construction of the current retail building and on-site parking for 99 vehicles
Special Permit 2018-029 – The Board approved the modification of 2000-043 to allow the sale of
alcohol.
Proposal & Relief Requested
Cardi’s Furniture, as tenants, have applied for a Variance pursuant to Section 240-125 B (C)
Variances for Signs in the B and HB Districts. The Petitioner seeks to install an additional 67.5-
square foot building sign facing Iyannough Road and a 6-square foot free standing street sign from
Nightingale Lane, both signs exceed the allowable size and number. The subject property is
located at 621 Iyannough Road, Hyannis, MA .
Procedure - NEW
Town of Barnstable Planning and Development Department Staff Report
Appeal 2024-032 – Cardi’s Furniture
2
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.
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. 2024-032 is granted to Cardi’s Furniture pursuant to 240-125 Variances for
proposed signs exceeding the allowable size and square footage. The Petitioner seeks to
install an additional 67.5-square foot building sign facing Iyannough Road and a 6-square foot
free standing street sign from Nightingale Lane, both signs exceed the allowable size and
number. The subject property is located at 621 Iyannough Road, Hyannis, MA.
2. The proposed signage shall be constructed in substantial conformance with submitted signage
package by Signarama dated August 6, 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 (Attorney David Lawler)
Attachments: Application
Signage Plans