HomeMy WebLinkAbout5207 1308 Route 28 Decision RecordedY'ARKO T K TOWN CLERK R
JAN 8076 Pv .1�1
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER &
PROPERTY OWNER:
PROPERTY LOCATION:
Bk 37+75 P-aS7 046 320
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TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
January 30, 2026
5207
January 8, 2026
Elie Bassil and Rabih Bassil,
Trustees of the Bassil Brothers United Trust
1308 Route 28, South Yarmouth, MA
Map 60, Parcel 160
Zoning District: B1 & B2
Title: Book 28552, Page 41
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni,
Barbara Murphy, and Tim Scanlan
Notice of the hearing was 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 was held on the date stated above.
The petitioner is Elie and Rabih Bassil, who seeks relief in connection with property at 1308
Route 28, South Yarmouth, MA. The property contains—19,166 square feet of area and is
located in the B-1 and B-2 zoning districts.
The petitioner seeks a Special Permit to expand a nonconforming use and construct a garage
addition with a 2l' x 46' bay and a second floor.
United Gas is an existing automobile service business, including auto repairs, state inspections,
and a full -service gasoline station. It should be noted that per Decision #3523, dated February 24,
1999, the petitioner is allowed to conduct used car sales for not more than five (5) cars available
for sale at any one time.
Due to an increased number of vehicle inspections, the petitioner desires to expand the garage by
adding another bay and a second floor for storage or potential office use. The 'pejiti testified
that if a second staircase is required for egress, the staircase will not be visibl" fro�iir t S.
The front buffer on Route 28 is owned by the Commonwealth of Massa*settk.-,Th-v side bs
are owned by the petitioner. TRUE COPY ArM, ETA
,
Bk 37475 Pg88 #6820
Prior to the hearing, the Board received a brief note of opposition from an abutter who wished to
remain anonymous.
Chairman Igoe read into the record the Site Plan Review comments, dated November 18, 2025.
The Board agreed that the petitioner had met the criteria of the bylaw and that no undue
nuisance, hazard or congestion will be created and that there will be no substantial harm to the
established or future character of the neighborhood or town.
A motion was made by Mr. Scanlan and seconded by Mr. Mantoni to approve the Special Permit
with the following conditions:
1) any used cars for sale shall be located behind the building in parking spaces as designated by
the petitioner on the Site Plan, revised November 18, 2025; and
2) plantings shall be added to the barren areas in the side buffers.
The members voted as follows: Mr. Martin: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Mr.
Scanlan: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the Special
Permit is granted with the stated conditions.
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 fled within 20
days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw §103.2.5, MGL c40A §9)
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 #5207 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.
Tw
i
Mary A. Maslowski, MMC, CMMC
FEB 2 0 2026
BARNSTABLE REGISTRY 4F DEEDS `' ' W* ';rI yowN Cl_EL
Jahn F. Meade, Register : r''026