HomeMy WebLinkAbout5200 10 and 10A Ruby St Decision Certified 12.30.25ARMOUTR Tote/ CLERK RE
DEC 90 525 AM9:27
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER &
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
December 30, 2025
5200
November 13, 2025
Anar Abasov
PROPERTY: 10 & IOA Ruby Street, West Yarmouth, MA
Map 31, Parcel 131
Zoning District: R-25
Title: Book 32441, Page 255
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni,
Barbara Murphy, and Anthony Panebianco
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 Times, the hearing opened and held on the date stated above.
The Petitioner is Anar Abasov, who seeks to modify Decision #3992, dated January 24, 2006,
and/or a new Variance to allow an increase in the total number of bedrooms from four (4) to five
(5). The Property is located in the R-25 zoning district and contains approximately 8,712 square
feet of area.
Decision #3992 referenced the "questionable original legality" of the original Variance #1391 for
a two-family use in a single-family neighborhood. However, Decision #3992 did allow the use to
continue, on the condition that the duplex remain a four (4) bedroom, two-family dwelling with
two (2) bedrooms per unit.
The Petitioner purchased the Property in 2019 and subsequently added a kitchen and a bathroom
to the basement. He now desires to create a fifth (5th) bedroom in the basement.
The Board asked about the Petitioner's primary residence, noting that the Petitioner's
Declaration of Homestead, recorded November 21, 2017, and the Petitioner's Rental Certificate
Application for l0A Ruby Street, submitted June 17, 2025, listed 23 General Patton Drive,
Hyannis, Massachusetts as the Petitioner's address.
The Petitioner testified that his primary residence is 10 Ruby Street; he rents I OA Ruby Street
to six (6) students; and is aware of only one police complaint related to the property.
However, the Rental Occupancy Certificate for I OA Ruby Street is restricted to a maximum of
four (4) occupants, and the Yarmouth Police Department call history and dispatch log listed
eight (8) calls between March 11, 2022 and September 11, 2025.
One abutter, living across the street, submitted a letter with concerns about the number of
occupants at the property, the frequent noise disturbances, and the proposed expansion of the
property to more tenants.
The Board questioned whether the duplex was, in fact, owner -occupied. The Board also had
concerns about overcrowding on the property; the multiple police calls which included noise
and motor vehicle complaints; and the overall management of the property.
The Board agreed that the Petitioner did not meet the criteria for a Variance; that the prior
decisions put the Petitioner on notice about what he is allowed to do; and that the grant of a
Variance to allow a fifth (5th) bedroom would run contrary to the Board's prior decisions.
Accordingly, a motion was made by Mr. Mantoni and seconded by Mr. Panebianco to deny the
request for a new Variance. The members voted as follows: Mr. Martin: AYE; Mr. Mantoni:
AYE; Ms. Murphy: AYE; Mr. Panebianco: AYE; Chairman Igoe: AYE. The motion was voted
5-0 in favor. Therefore, the request for a new Variance was denied.
Accordingly, a motion was made by Mr. Martin and seconded by Mr. Mantoni to deny the
request to modify Decision #3992. The members voted as follows: Mr. Martin: AYE; Mr.
Mantoni: AYE; Ms. Murphy: AYE; Mr. Panebianco: AYE; Chairman Igoe: AYE. The motion
was voted 5-0 in favor. Therefore, the request to modify Decision #3992 was denied.
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 #5200 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.
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