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Zoning board grants variance after petitioner agrees to reduce shed size and submit as‑built survey

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Summary

After a lengthy review, the Yarmouth Zoning Board of Appeals approved a variance for a replacement shed at 46 Chandler Gray Road on the condition the owner cut six feet from one side and provide an engineer-certified as-built plan.

The Zoning Board of Appeals on March 27 granted a variance to allow a replacement shed at 46 Chandler Gray Road after the applicant agreed to modify the structure and produce an as-built survey.

The petitioner, represented at the hearing by contractor Jay Musa, told the board the site previously had a 12-by-22 shed and that crews moved and later replaced it after rot made the old structure unusable. The board questioned whether the previous shed had been legal and whether the new slab and orientation made the structure effectively permanent rather than a moveable, sub‑50‑square‑foot outbuilding.

Several board members said the shed in its current position was too close to side and rear lot lines and exceeded the 50-square-foot threshold that would allow smaller setbacks. Members noted the lot could likely accommodate a compliant shed elsewhere and that the petitioner had constructed a concrete pad, which makes the building harder to relocate.

After discussion the petitioner agreed to cut six feet off the left side (as viewed from the front) and to submit an engineer’s as-built survey showing the final setbacks. The board moved to approve a variance conditioned on that reduction and receipt of the as-built plan; the petitioner also agreed to withdraw a separate special-permit request without prejudice.

The board’s action removes the immediate zoning violation by granting relief but requires follow-up documentation. The board said it recognized the expense the petitioner had already incurred—particularly the poured slab—and sought to balance enforcement of the bylaw with the applicant’s investment.

The board’s motion to approve the variance with the stated conditions passed unanimously. The written decision will be filed with the town clerk and the petitioner must record any instruments with the Registry of Deeds and return a copy to the board.