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Home My WebLink About1308 Route 28 Previous Decisions 5207, 3523, 3439, 3418, 3291Y'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 ��2 —2;fir-202�s of 10 . 45a 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 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY: MEMBERS PRESENT AND Michael Jones, Joseph Sarnosl T WN OF YARMOUTH BOARD OF APPEALS DECISION '3 FT 2 r%:15 2491999. r r_r K l z. T`r. :..' . . rua 111,1999 Jihad I I ad dba Imad Enterprises 1308 Route 28, South Yarmouth Map: 53 Parcel: E19 Zoning District: B2 IG: James Robertson, Chairman, John Richards, O'Loughlin It appearing that notice of said he' UT bas been given by sending notice thereof to, the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioners seeks a Special Permit per bylaw §202.5 in order to conduct used car sales, (use H4) at this existing service statio The petitioner is represented at the hearing by Attorney John Biega and accompanied by Mr. Ahad Imad. The petitioner proposes to conduct d car sales, in conjunction with this existing automobile service station business. There wool be not more than five (5) cars for sale at airy one time. The petitioner was granted a Special Permit to conduct this operation in 1997 (Decision #3439-1997) but through oversight on his part; the decision lapsed. He now seeks to resume the business on the same terms and conditions. No one appeared in opposition to he petitioner. However, the Planning Board fib lrwarded a memo expressing concern for the petitioners past practice of parking vehicles wit hm the site buffers. The Board finds that the requirements of §103.2 have been met and the proposed may be resumed. The Board further finds that the proposed use will not cause any undue nuisance, hazard or congestion, and will not cause' undue harm to the neighborhood or town. I Therefore, a Motion was made by Mr. Jones, seconded by Mr. O'Loughlin to grant the Special Permit as requested and as represented in the hearing in order to allow the petitioner to conduct an accessory use, Used Care Sales �(H4), subject to the following additional conditions and limitations: 1) Not more than five (5) cars may be located on the premises which are available for sale at any time, 2) No parking of vehicles will occur in the buffer zone, 3) All other conditions and reference, 4) If any violations of the condi the petitioner before the Boa The members voted unanimously therefore granted. No permit shall issue until 20 days from this decision shall be made j after the filing of this noticeJdecisio David S. Reid, Clerk j imposed in decision 43439 are incorporated herein by and restrictions occurs, the Building Inspector may bring d the Special Permit shall be revoked. favor of this motion. Therefore, the Special Permit is the filing of this decision with the Town Clerk. Appeals nt to MGL c40A § 17 and must be filed within 20 days i the Town Clerk. -2- FILED WITH TOWN PETITION NO: OF YARMOUTH W OF APPEALS DECISION her 17, 1997 HEARING DATE: December 11,1997 PETITIONER: XhadlImad d/b/a Imad Enterprises RECEIVED 297 IEC 17 P 2 :18yw 10RN OF YAiIKU1U1K lcgiN CLERK & TREASU i. PROPERTY: 1308 Route 28, South Yarmouth Map: 53 Parcel: E19 Zoning District: B2 ZONING ADMINISTRATOR PRESENT AND VOTING: Jerome Sullivan, Vice -Chairman, Mike Strobl, Leslie Campbell, John (Richards, James Robertson. PETITIONER #3439: Jihad Imad d/b/a Imad Enterprises, 1308 Route 28, South Yarmouth, MA. Assessor's Map: 53, Parcel: E1. Petitioner seeks a Special Permit under §202.5 of the Yarmouth Zoning By-law and or fo ' a use authorized in the "Use Regulation Table" §H4, to sell not more than 5 used cars. ' It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. I I The petitioner presently operates at the site in question a full service gas station. The petitioner seeks permission to allow, as an accessory use, the incidental sale of used automobiles on the site. The use (H4) requires a Special Pe ' it per §202.5 petitioner etitioner represents that Ihe}� would have a maximum of five (5) automobiles for sale at any time. They would have no signs for the used car sales, and it would remain a secondary and incidental business only. The vehicles for sale would be parked to the easterly side of the existing building. The Board finds that the propo d use would not be expected to cause any undue nuisance, hazard or congestion, nor any substantial harm to the character of the neighborhood. However, since it is a small site, and a new venture, it was felt advisable to limit the initial permit to one year, so that the operation could be reassessed prior to the issuance of any further permit. A motion was made by Mr. Robertson, seconded by Mr. Richards, to Grant the Special Permit, as requested, for accessory used care sales, not to exceed five (5) vehicles, on the condition that 4- there be no signs advertising or pros and on the further condition that lthe to the one year expiration, apply for in favor of the motion. No permit shall issue until 20 days f from this decision shall be made; pt after the filing of this notice/decision David S. Reid, Clerk ►oting the car sales, except signs in the service station office, permit shall be for one year only. The petitioner may, prior m extension of the permit. The members voted unanimously the filing of this decision with the Town Clerk. Appeals nt to MGL c40A §17 and must be filed within 20 days i the Town Clerk. -2- TOWN( OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: August PETITION NO: HEARING DATE: PETITIONER: #3418 August 14,1997 Imad, Jihad-Imad 191997 RECEIVE C ,,�„g '97 AT 18 P 3 :58ze TOWN OT Y/,i.Ha'J N I OWN CLERK & TREASIY f Gas PROPERTY: 1308 Route 28 South Yarmouth, MA 02664 Assessor's Map: '53 Parcel: E19 MEMBERS OF THE BOARD PRESENT �ND VOTING: Jerome Sullivan, Chairman, James Robertson, John Richards, Mike Strobl, Joe Samosky. It appearing that notice of the hearing I bel�n given by sending notice to the petitioners and all of those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. I I The petitioner requested a Special Permit to commence the sale of used motor vehicles on this existing Getty Station property. During the course of the hearing questions arose as to the sites compliance with the terms of the Boards ,prior decision (#3291) relative to the plantings and buffers. I Prior to conclusion, the petitioner requested of the Board leave to withdraw this petition, without prejudice. Since no objection to the request was made, a Motion was made by Mr. Robertson, seconded by Mr. Richards, to allow the petition to be withdrawn, without prejudice. The Board members voted as follows: 5-0 1 The vote is unanimous in favor. I I Accordingly, the vote is allowed and the petition is withdrawn without prejudice. David S. Reid, Cli Board of Appeals DECISION RECEIVED k'ilea with the Town Clerk: 6 HAY 17 P2:35 Petition No.: 3291 I TOWN OF YARMOJTii IOWN CLERK & TREASUf11: Petitioner: Tyree consulting Co.,, ;I Hearing Date: April 250) 1996 Property Located at:;1308 State Road/Route 2U, south Yarmouth# Massachusetts (02664)iishown on Assessor's Map 53 as Parcel F.19 Petitioner requests: A Special Permit under Section 104.3.2 of the.Yarmouth Zoninq'By-Law for a use authorized in the "Use Regulation Schedule" Section H6 to allow change, extension and alteration of preexisting nonconforming structures by the cone r,sc:tion of a canopy over, and the installation of three new fuel dispRnaingunits to replace existing fuel dispensinq •snits, the remDval bf axisring and relccation of new underground ntorageltanks, the redenign of parking areas and entryways and the creation of a strPer.-sido. greenbelt with pedestrian walkway and landscaping. Tn addition, the Petitionor requeeteIa Variance from the terns of thw Yarmouth Zoning By Law Soction�03.5 to allow construction of a canopy over new fuel dispezising unite within required front yard set- backs, reducing the aet-bac)c for the canopy to 3.8 feet and Cox I.Le fuel diapeiising . units to approximately 14 feet (on related uewent pads) from the lay -out of the State Hichway, Route 28. Members o= the Board present and Voting: Jercme Sullivan, Acting Chairman John Richards James Robertson Joseph Sarnosky Michael O'Loughlin Notice of the aforesaid hearing was given by sending, written notice by certified mail, 'return receipt requested to the required ahnrters and any others; deemed by the Board to be attected by this mat.t.«,r, and public notice of such hearing was given by publication held ';n its entirety oThe Register n April 25, 1The 996 in heaheari hearing was m at ened the Town Ha11, Town of Yarmouth. 1 Attorney Douglas Murp y of Hyannie, KA6, with Mr. Glenn. Dougherty of Tyree Consulting, westborough, Ma appeared on behalf of the Petitioner. The Yeeitioticr repreacnted to thw Board that the site had been a gasoline asia two bay cervice station since at least 1969, and that modificativas to the building were effected pursuant to a building permit issued in 1978, a copy of which was proffered to the Board. I The owne, and operator intend that the business of retail sales of gasoline and automotive service and repairs will continue. Thw Board was presented with several Exlsibits including a colored rendering of the proposed site as depicted wL the site plan filed with the Applications in this matter being a "pL-Qposed Site Plan 88# 30678 130A State Road, South Yarmouth, Mass drawn by Tyree Consulting Co. dated .Tanuary 6. 1996'vtith revisions to March 12, 1996", (tho •plan") a co''nylof relevant portions of the Assessor's map dieclooing the lot cAnf.iguration of lots within the GB zone os: Route 28 between tha BaIs River Bridge and the Joshua sears playground at the interserrinn of Wood Road and Route 28, the building permit dated November 16, 1978 (#Bp#557), and copies of the Site Plan Rcview.Approval with comments signed off or. by the various Town Depertmenti_I Iii addition, the Board receivad a letter from Vacation Inn Properties In favor of lthe petitions and correspondence from the Town of Yarmouth Planning Board and Route 28 Task Force voicing objections or requestini ienditions upon any approval. In essence, the proposal seeks permission to establish and more clearly detine curb cuts aL the state highway (two means of ingress and egress) in place of the raLlser broad acccooee presently existing: to excavate and remove the existing underground storage tanks and to replace them1with new tanks relocated on the pre mace to facilitate delivery of product by large tank LLailers; the removal of the existing) fuel dispensing stations lsaving eight separaTP dispensing nozzles together wits the existing co:crete island and replacement with three separate fuel dispensing sLat_vns on separate concrete pads having an aggregate of six fuel dispensing nozzles: together with the construction of a 24 X 64 concrete pad beneath acanopy of approximately 24 X 64 feet in size which will proviciw shelter from the weather, illumination of the area at"the ditpenn?nglsfations and facilitate the installation of fire cuppression nahftrials. The premises are�lnl.ated in a GB (general business) district. The Petitioner pointed pun that the shape of this lot, torning roughly a right triaiigle, with the base on the State Highway approximately 150 fee:, ounded by the Pine Grove (Town) Cemetery oil Lhe northweetcrl bo!da and by the Ambassador Motel on the easLeLly boundary is uniqua within the zoning district. M The Site contains apprc foot frontage on Route 28', 296:47 feet and an easterly i The GB (general busines 20,000 scraare foot lot area and side setback of 25 feet. mately 19,200 square feet with 159 westerly boundary of approximately Lndary of approximately 239.97 feet. a) zoning district mandates a minimum and minimum front setback of 30 feet The plans presented include the intention of improving the landscaping and greenbelt. &16ng the State Highway layout, creating and paving a pedestrian] walk and defining the two curb cut entrances at the state Highway (wil.il Mass: Highway approval, which is pending) thereby facilitating and creating a safer means of Ingress and egress . In addition, repluc t:11jellt of the four existing fuel stations, each having 2 dispensing nozzles (for an aggregate 8 dispensing nozzles) with three smallci islands each mounting one 2-nozzle dispensing station1for an aggregate of 6 fuel dispersing nozzles would reduce theInumber of dispensing units and stations while upgrading the qualitylof the dispensing units. Removal of the existing underground storage tanks and their relocation with new tanks l el'sewhere on the Site will enhance safety and efforts to prevent anylfuel release on site and, as or more importantly, facilitate the off loading of fuel to the storage .tanks by the large fuel tractor trailers and enable them to make safer entry and exit from, the premises due to the alignment of the tank fill points and the t raffir pattern which will be created. The inotallation of tha overhead nanopy will be a coraenience to employees who service the vehicles as well as any customers exiting their vehicico during fueling.' Furtherwnre, construction of the canopy affords a means of installing up-to-date illumination systems which will provide greater illumination more readily confined to the fuel dispensation area than the existing lighting systems. With Lhe approval of the pire Department (in accordance with directions of the Fire Marshall and the local Fire Department), the carcpy wall enable the installation of fire suppression systems affording a far better coverage than under the existing circumstances.) �he canopy will also help to preclude rain, snow and ice from accumulating and/or nixing with any petroleum products which might be spilled on the culluzete pad and thereby enhance safety' for both employees and the travelling public. The shape of the lot poses a considerable hardship since it narrows rapidly to the rear and inhibits the cwner's and operator's ability to locate the .business activities on the Site in a reasonab]a fashion, which' would accommodate the size and type of delivery vehicles necessary to replenish the fuel storage tanks 3 The Board inquired and and those anticipated if the Board. I ras shown the travel patterns existing, zoning relief sought is granted by the The Board Members concluded that the proposed landscaping and iILeeiibelt..Lti, ULL11UU;CntU11L'u Igo the street front segment of the premises, including the Iproposed curb cuts (which are pending approval from Mass. Highway). will enhance the appearance and safety of the Site. The Site is located in a heavily ,developed commercial area along the State tiichwayIiri South Yarmouth and the existing use, i.e. gasoline station and automotive service and repairs (2 bay garage) are permissible in this zoning district. The Board rinds that the location of the existing structures on the premises renders them lawful, pre-existing, non -conforming structures which encroach within the prescribed setbacks under the current Zoning By -Law. In addition, the conduct of the gasoline service station encroaching within required front and -side setbacks is a lawful, pre-existing use, predating the current Zoning By -Law requirements. The Petitioner, injconjunction with the construction of the overhead canopy, intPndn to npt the new fuel dispensing stations 2 to 3 feet further back from the layout of the State Highway than is the existing 20 foot concrato island which will be removed. The existing etructure' on the premicee lies within 12 feet of the sideline which, urderj the current zoning requires a 25 foot setback and the cxioting'dioponbing unite lie within approximately 12 feet of the front (Stat'e Highway) boundary, while the existing concrete island approximately 20 foot long lies within approximately 10 feet of the front boundary. Removing the existing 20 foot long isltuid timid( lime 4 exIaLing dispensing units and replacing them with 3;1 dispensing units located on individual concrete pads set back la feet will have aesthetic and traffic flow benefits. The Board finds that granting the requested relief to remove the existing underground tanks and relocate them as shown on the filed plan, to construct the front and side landscaping including the paved pedestrian walkway in the front, the grassed area, the curb cut and new berms, hand the expanded paving for additional demarcated parking lines, together with the removal of the existing fuel dispensing island! and the 4 dispensing stations and their replacement with 3 modern dispensing units surrounded by a concrete pail apprnximately 24 x160 feet and the construction of a canopy overhead and likewise 24,X 60 feet in size will create no undue nuisance, hazard or rocngPattnn and there will be no substantial hardship imposed upon the I neighborhood nor substantial farm to the established or future charact.ar of the neighborhood. 4 In addition, the Board finds that the construction of the 3 new pump islands and dispetzsiuy dlaLions to the degree shown on the filed plan will encroach less on the front setback and that the size and shape of the lvl. preuent a hardship in developing a suitable traffic flew while accommodating an overhead canopy for the safety and CULLVtt111tl13L6 demanded by the public in a modern day service station. The _ack of such facilities may reasonably result in diininisheti LuwIlless and 'resultant financial loss. If the Petitioner were to attempt to comply with the current setback requirements, it would necessitate relocation of the existing building and would not afford. adequate coverage to the fuel dispensing islands, this posing a significant hardship, both tinancial and otherwise,,initryirg to design satisfactory traffic flow patterns to service the underground storace tanks. A Motion was madelbY Mr. Robertson and seconded by MLr. O'Loughlin to grant the ;A lication for a Special Permit and to grant a Variance for the canopy and the 3 new pump islands as shown on the plan submitted and considered at the public hearing, upon condition that the landscaping design plan sthown thPrPnn be complied with as the minimum plantings required and that the -landscaping be maintained in viable fashion cnrm installed. 17pon the foregoing Motion, Mr. Robertson, Mr. O'Loughlin, Mr. Richards and Mr. Sarnosky voted in the affirmative, and Mr. Sullivan abstained. The Special Permit'ia therefore granted and the Variance is granted, upon the condition set forth in the Motion. No permits are to ilssle until twenty (20) days from the date that this Decision is filled with the Town Clerk. "*I\jetty\daciaim.vol