HomeMy WebLinkAbout5166 46 Chandler Gray Rd Decision Certified 04.03.25YARMOUTH TOWN CLERK RE
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PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
April 3, 2025
5166
March 27, 2025
Khalil J. Naoum and Elham Naoum
46 Chandler Gray Road, West Yarmouth, MA
Map 64, Parcel 4
Zoning District: R-40, APD and Zone II
Document #768911
Certificate #153520
Plan #35776-C, Lot 15
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie,
John Mantoni, and Barbara Murphy
Notice of the hearing has been given by sending notice thereof to the petitioner and all those owners
of property as required by law, and to the public by posting notice of the hearing and publishing in
The Cape Cod Tames, the hearing opened and held on the date stated above.
The petitioner is seeking side and rear setback relief for the construction of a 12' x 22' shed. The
property is located in the R-40 zoning district, contains approximately 21,780 square feet of area,
and is improved with a 2-story, 3-bedroom home.
The petitioner submitted the following materials with the application to this Board: 1) a Septic
Plan, dated April 8, 2011, which shows a shed located too close to the side and rear property
lines; and 2) a Site Layout, dated May 2, 2024, which does not show a shed on the property.
One letter of support was received from Matthew and Catherine Sabat, 13 Dale Street, Chicopee,
Massachusetts, who are the property owners of 45 Chandler Gray Road, which is located across
the street. No abutters appeared in opposition to the project.
At the hearing, Jihad Moussa, JBM Enterprise Inc., represented the petitioner, Mr. Naoum, who
was also present. Mr. Moussa testified that a 12' x 22' shed was preexisting and that he had
proposed moving the shed to install a concrete pad, then placing the shed on this concrete pad.
However, the shed collapsed when it was moved. Mr. Moussa constructed a new shed, without
the benefit of a building permit, larger than 150 square feet, and too close to the property lines.
A TRUE COPY ATTEST
C CCMC / TOWN CLERK
APR 2 4 2025
The Board had concerns about the shed's location which is too close to two lot lines. For a shed
larger than 150 square feet, the minimum side and rear setback is 20 feet in this zoning district.
In consideration of the financial hardship to remove the concrete pad, the Board and the
petitioner reached a compromise to reduce the size of the shed and improve the setback on the
side property line.
Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Mantoni, and voted 5-0 in
favor, to grant the Variance with the following conditions:
1) The shed shall be reduced in size to 12' x 16' by removing 6 feet from the back of the
shed, on the westerly sideline, and the shed shall be moved to the front of the concrete
pad; and
2) An As -Built Plan showing the shed, including all dimensions and setbacks, shall be
provided to the Building Department and the Zoning Board of Appeals.
Per the petitioner's request, a motion was made by Mr. Fraprie and seconded by Mr. Mantoni,
and voted 5-0 in favor, to allow the petitioner to withdraw the Special Permit without prejudice.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20
days after filing of this notice., -'decision with the Town Clerk. Unless otherwise provided herein,
the Variance shall lapse if it has not been exercised within 12 months. (See bylaw § 10222, MGL
c40A § 10).
Sean Igoe, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #5166 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
Mary A. Maslowski, CMMC, CMC
APR 2 4 2025
A TRUE COPY ATTEST:
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CMW /CMC / TOWN CLERK
APR 2 4 2025
4 COMMONWEALTH OF MASSACHUSETTS
0 0 TOWN OF YARMOUTH
C x y BOARD OF APPEALS
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Petition #: 5166 Date: April 24, 2025
Certificate of Granting of a Variance
(General Laws Chapter 40A, Section 10)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been
granted to:
Khalil J. Naoum and Elham Naoum
Affecting the rights of the owner with respect to land or buildings at: 46 Chandler Gray Road, West
Yarmouth, MA; Map 64, Parcel 4; Zoning District: R-40, APD and Zone II; Document #768911;
Certificate #153520; Plan #35776-C, Lot 15 and the said Board of Appeals further certifies that the decision
attached hereto is a true and correct copy of its decision granting said Variance, and copies of said decision, and
of all plans referred to in the decision, have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section 11 (last paragraph) and Section 13, provides that no Variance, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that
twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the
Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such
recording or registering shall be paid by the owner or applicant.
Sean Igoe, Chairman
A TRUE COPY A-F7ESr-
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COW CMC I TOWN CLERK
APR 2 4 2025