4879demonstrates 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 nor of the town.
TOWN OF YARMOUTH YARMOUTH TOWN CU ^R
BOARD OF APPEALS
APPLICATION FOR HEARING
1JANOA.14i9:'2' 7 REC
Appeal#:Iq
Hearing Date:—�� ( Fee$zff)
Owner -Applicant: Joshua D. Bilotta
(Full Names- including d/b/a)
50 Bilotta Way, Fitchburg, M, (617) 719-2114 jbilotta[ca_walshbrothers.com
(Address) (Telephone Number) (Email Address)
and is the (check one) Owner Tenant Prospective Buyer Other Interested Party
Property: This application relates to the property located
at:160 Run Pond Road
South Yarmouth, MA and shown on the Assessor's Map #:26 as Parcel#: 100
Zoning District: R-26 If property is on an un-constructed (paper) street name of nearest
cross street, or other identifying
location:
Project: The applicant seeks permission to undertake the following construction/use/activity
(give a brief description of the project. i.e.: "add a 10' by 15' deck to the front of our house" or
"change the use of the existing building on the property"): add second story to home
RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals:
I)EIREVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING
ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason
for reversal and the ruling which you request the Board to make.
2)❑✓ SPECIAL PERMIT under § 104.3.2.2 of the Yarmouth Zoning By-law and/or for
a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 .(use
space below if needed)
3)❑✓ VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from
which relief is requested, and, as to each section, specify the relief sought:
Section: 203.5
Relief sought:
Section:
Relief sought:
Section:
Relief sought:
increase non -conformity of side setback from 5.7 feet to 5.5 feet
ADDITIONAL INFORMATION: Please use the space below to provide any additional
information which you feel should be included in your application:
FACT SHEET
Current Owner of Property as listed on the deed (if other than applicant):
Name & Address
Title deed reference: Book & Page#
Land Court Lot # 66 Plan # 14114-A2
or Certificate # 208226
(provide f rccent
Use Classification: Existing: R-25 Residential §202.5 #
Proposed: §202.5 #
Is the property vacant: no
If so, how long?:
Lot Information Size/Area: .18 acres Plan Book and Page 1 Lot#
Is this property within the Aquifer Protection Overlay District? Yes F-1 No
—Z.
Have you completed a formal commercial site plan review (if needed)? Yes ❑ No Z
Other Department(s) Reviewing Project: Indicate the other Town Departments which are/
have/ or will review this project, and indicate the status of their review process:
Repetitive Pep' i n: Is this a re -application: El If yes, do you have Planning Board
Approval? I —
Prior Relief: If the property in question has been the subject of prior application to the Board of
Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available
information. Include a copy of the decision(s) with this application:
Building Commissioner Comments:
bVLAkk-W�
Applicant's /Attorney /Agent Signature
Address: Pizzuti & Mazzeo, LLC
336 South Street, Hyannis, MA 02601
Phone (508) 771-1911
E-Mail: kristen@pizzutimazzeo.com
Owner's Signature
:ure Date
Town of Yarmouth
Zoning Board of Appeals
In re Joshua Bilotta ) Case #
MEMORANDUM IN SUPPORT OF PETITION
FOR SPECIAL PERMIT OR VARIANCE
Now comes the Petitioner, Joshua Bilotta, (hereinafter, "Petitioner") and submits this
memorandum support of his petition for a Special Permit pursuant to Yarmouth Zoning
Bylaw Section 104.3.2.2 and Variance pursuant to 203.5 of the Bylaws.
I. THE FACTS:
Petitioner seeks a special permit to alter the existing single-family home so as to add a
second story. Bilotta seeks a variance to add a two-inch exterior insulation system to the
rear left wall of the structure. The lot is 8,059 square feet and is located in the R-25
zoning district. There currently exists one residential structure with three bedrooms
containing approximately 1,280 square feet of living space. The proposed second story
will be for the three bedrooms and all existing non -conformities will remain the same as
follows:
(a) Sideline setback (15 feet): 5.7 feet;
(b) Front setback (30 feet): 28.4 feet;
(c) Rear setback (20 feet): 89.1 feet.
The proposed two-inch exterior insulation system will increase the left side setback non-
conformity as follows:
(a) Sideline setback (15 feet): from 5.7 feet to 5.5 feet;
The maximum building coverage ratio allowed by the By-law is 25%. The current ratio
of 17.7% will be increased to 18.0%. The building height will be increased from single
story height to 24.7 feet which is under the maximum height limitation of 35 feet.
II. THE PROPOSED FINDINGS FOR A SPECIAL PERMIT
Section 104.3.2.2 of the Yarmouth Zoning By -Laws provides that single-family
structures and their accessory structures may be altered upon Special Permit from the
Board of Appeals if it is determined that such alteration will not be substantially more
detrimental to the neighborhood than is the existing non -conforming structure. The
proposed addition will not be substantially more detrimental to the neighborhood as there
are other homes in the surrounding area that have also added a second floor. The
alteration will also be more architecturally pleasing.
The Applicant respectfully requests that a Special Permit issue in accordance with
Section 104.3.2.2 of the By-law.
III. THE PROPOSED FINDINGS FOR A VARIANCE
Petition seeks a variance pursuant to 203.5 of the Bylaws which requires a 15-foot side
setback. Section 102.2.2 grants the Yarmouth Zoning Board the right to grant variances
so long as the Board of Appeals finds all of the following:
1. Literal enforcement of the provisions of the bylaw would involve a substantial
hardship, financial or otherwise, to the petitioner or applicant; and
The Petitioner seeks to add a two-inch exterior insulation system to the rear left wall of
the structure. The original structure of the home was built in 1966 when homes were built
either lacking proper insulation or they did not contain any at all. The petitioner seeks to
increase the energy efficiency of his home by well insulating it to reduce energy usage
and utility costs. Without proper insulation, the petition will be paying increased costs for
utilities.
2. The hardship is owing to circumstances relating to the soil conditions, shape or
topography of such land or structures and especially affecting such land or
structures, but not affecting generally the zoning district in which it is located.
The parcel is reverse pie shaped. The widest portion of the lot is the frontage and the lot
lines narrow as they approach the rear setback. The narrowing parcel results in the
structure getting closer to the side setback the further back the structure goes into the
parcel. The narrowing of the parcel increases the likelihood that the structure on the
parcel will not meeting the setback requirements.
3. Desirable relief may be granted without either; substantial detriment to the public
good; or nullifying or substantially derogating from the intent or purpose of this
bylaw.
The resulting two inches of exterior insulation to the rear left corner of the structure is de
minims. The additional two inches is a minor difference in the overall non -conformity of
the structure. It will appear unchanged to the naked eye.
The Petitioner respectfully requests that the Variance be granted as relief to Section 203.5
of the Bylaws.
Respectfully submitted,
Joshua Bilotta
by his Attorney:
{ 0Av\\ P� VI�3 Cl Vti.
Kristen E. Walsh
Pizzuti and Mazzeo, LLC
336 South Street
Hyannis, MA 02601
(508)771-1911
(508) 790-0800
email: kristen@pizzutimazzeo.com
DATED: December 14, 2020
.1 * 284 # 177 12-11-2.0.it5 1:57
�icYc,.
++�--
� t it f ■ 20826
a
f3#iRNSTABL E LAND COURT REGISTRY
4
DEED
�
1, EI EENI M, GORMAN, Trustee of the Charles E. McGovern Revocable Trust, u/d/t dated
4
June 30, 1311 of 160 Ledgewood Road, Dedham, MA for consideration of three hundred two
thousand five hundred dollars and 0/100 j$307,5(i0,0Dj , grant to Joshue D, Bilotta and
tl
Heather oom as, ���,: a} 7-0.9 A' &rYof So 13110tta Way, Fitchburg, MA, all of my title
o
and interest to a certain parcel of lard meted at 16€1 Run Pond Road, South Ya rmouth,
OD
-A
Barnstable County, Massachusetts, with quitclaim covenants, described as follows
y
st
The land together with the buildings thereon situate Its Yarmouth {mass River), Barnstable
County, Massachusetts, bounded and described as foilo s:
WESTERLY by Run Pond Road, seventy-two (72) feet,
iR
NORTHERLY by Lot 85, one hundred sixty-four and 91/100 (164.91) Feet;
WTERLY by lot 71, twenty-seven and 44J= (27,44) feet, and
SOUTHERLY by Lot 87, one hundred fifty►Arilneand 77/1D0(15717} feet.
c�
All said boundaries are determined by the Courtto tie located as shown on plan 14114-A2
(Sheet 2) dated August 22,1930, drawn by George F. Clements, Clv, Eng., filed with the Land
Court at Boston, a copy of which is fired in Barnstable County Registry of Deeds, in the Land
Registration Office and said land is shown thereon as Lot $6.
`
Meaning and intending to convey the same premisesfrom Charles E. McGovern to Charles E.
McGovern as trustee of The Charles E. McGovern Revocable Trust uld/t dated June 30, 2911
and registered with the Barnstable Registry District of the Lard Court as Document Number
14
1169754 and noted on Certificate of Title as 194740.
(The remainder of this page ho Internt(onally been left blank)
114�2i4.a�57�7,��A
Executed as a sealed Instrument this ,day of O c 2011
_
EILEEN M. GORMlAN, Trustee
COMMONWEALTH Ct MASSACHUSET'TS
ss.
Can this eday, o 2015, before me, the undersigned Notary Public, personally
appeared the above -named EILEEN M. GORMAN, proved to rite by satisfactory evidence of
Identification, being {check whichever appllesy,Wdriver's license or other state or federal
governmental document bearing a photographlc image, (] oath or affirmation of a credible
witness Mown to me who knows the above signatory, or [] my own personal knowledge of the
Identity of the signatory, to be the person whose. name Is signed above, and acknowledged the
foregoing to be signed by her, as her free act and deed, voluntarily for its stated purpose.
Print Marne of Notary PWIC L)�e&rd� ef4dtk44&
My Commission Expires:„ -Zj 7 v
E1 OiiAM R. I 10,SkIN3
c+as+o+.�
tin �jrpr,rr.
aa, N19
bw
SSACWMTT9 STATE LXCISE TAX
IMNStASLE LAND COURT REGISTRY
Datel 12-11-2015 d 01157om
CGIO 7V2 Dods 1234177
FSes I"1 rtt3#. 5 COASS t302000.
$Ma`N'QjAELE CITY EXCISE TA
B"ItHS'AtLE LAW COURT REGISTRY
Pat%r 9 *: 2 1 o C1115111tt
CK113 7V2 &bctl 1254177
114624411,6112,4500
citARLES E. b CGOVERN REVOCABLE TRUST
Dated June 30, Ml, as amende d
by first Amendment dated September f, 2011
CERTIFICATI.QFTT UST
1, EILEEN CORMAN, Trustec of the: CHARLES E. MCGOVERN REVOCABLE TRUST ul&t
dated June 30, 2011, as amended by First An dmcnt dated September 6. 20tI (the
pursuant to Massachusetts Crencral Laws, Chapter 184, Section 35, heady certify the following:
a 1 have accepted my appointment as Trustee of the Trust;
2. Except as so forth herein above the Trust has not been f6flhcr amended, altered,
modified, revoked or t=inated, and the Trust remains in fill force and effect;
3. Pursuant to the Trust, when specifically authorized and directed by the
beneficiaries of the Trust„ the Trustees have full right, power and auth(wity to deal
with any prop" owned or held by the Trust with the sarne force and effect as
ftogh such property were individually owned,
4. We have been authori7 od and directed by all of the beneficiaries of the Trust to
(1) execute, acknowledge and deliver to Joshua Bilotta and Heather Bilotta, a
Quitclaim Dctd in connection with the We of th+c premises Down as 160 Run
Porto Road, South Yarrnoutk Massachusetts said heed being in *onsidamation of
Three hundred Two Titnusand Five Hundred and W100 (3O2,500.00); and (2)
to execute such ether agreemaits, instruments and documents as the Trustees
deem necessary in order to et ectuato said sale.
9. Na beneficiary is a minor, it corporation selling, all or substantially all its
Massachusetts assets, or is new deceased or under any lepl disability.
5. There = no remaining oonditims greoedent under the Truett to the transaction
described above by the Trustee which have not beau satisfied.
9. Pursuant to said Trot, any person or entity dealing with the Trust Estate or the
Trustees ;may rely without further inquiry on this Trustee Certificate signed by the
Trustee as to they authority of The Trustea to act in the manner described by this
Certificate.
[TIle rejnaj)ttlrr of this page %us been lit tratio nattyk tNanihi
114%21s1ta.a5W
Signed under oath, as a sealed instrument this 1:day of � r ., 2015.
CHARLES E. MCGO ERN REVOCABLE TRUST
By
LI�1 N M. GORMAN, Trustee
h#MONWEALT110F UMSACHUSF,TT3
ss.
AV
On this 94�ayy o 2015, before mc, the undmigted notary public, pemnally
appeared EILEEN M. GORMAN, Trustee as aforesaid, proved to me through satisfactory
cvi&mm of identification, being (check whichvrcr applirs):.0 driver's license or other state or
federal govermnenW document bearing a photogmphic image, [] oath or affirmation ofa credible
witness known to me who knows the above signatory, or [) my own personal knowledge of the
identity of the signatory, to be the person who signed the pmcWing document in my presenco,
and who swore or affirmed to me that the contents of the document arc truthfbl and accurate to
the best of her knowWge and belief.
�Qh 6e),AL4dLd
Nctmy Public
My commission expires: alAAj z,<1 2401
E0650RANRDHUSKN43-
kPol obtic
W-11101, or
iotary PM► w
99 !019
URNSTABLE REGISTRY OF DEEDS
John F. Meade, ROOM
ABUTTERS LIST
Petition#
fl�
Name Joshua Bilotta
Filing Date: Hearing Date:
Property Location:
160 Run Pond Road, South Yarmouth, MA
Notices must be sent to the petitioner (applicant), abutters, and owners of land directly
opposite on any public or private street or way, and abutters to the abutters (only within
300 feet of the property line) of the petitioner as they appear on the most recent applicable tax
list. Provide only the abutters map and lot number Postage charges for all applications
will be determined by multiplying the number of abutters (and the parcel (s)i, n questiajn
times .5Q,, which is the current cost for the two required mailings. Add that to the
application fee and include your check with the application.
Map
Number
Lot Number
Map
Number
Lot Number
Applicant #
26
100
34
265
Abutters #'s
26
88
26
107
34
8
26
108
34
11
26
109
26
89
26
110
34
12
26
103
26
34
26
104
26
36
26
105
34
5
26
106
34
6
34
1
34
9
34
2
34
10
34
3
26
98
34
4
26
99
26
92
26
101
26
95
26
102
34
253
26
90
26
96
26
91
26
97
34
13
34
249
34
14
34
28
26
35
34
254
2 Labels-1 Hard Copy
Assessors Field Card with photo
Andy Machado, Director of Assessing
SCHEDULE OF BOARD OF APPEALS MEETINGS FOR 2020
(subject to change)
26/ 88/ / /
TOWN OF YARMOUTH
RECREATION DEPT
1146 ROUTE 28
SOUTH YARMOUTH , MA 02664-4463
34/ 5/ / /
ALLEN STEPHEN
83 WILFIN RD
SOUTH YARMOUTH , MA 02664
34/ 6/ / /
OCONNOR LINDA B TR
LINDA B OCONNOR REV TRUST
65 ELINOR RD
NEWTON , MA 02461
34/ 8/ / /
PALMA CAROLINE TR
THE PALMA FAMILY YARMOUTH RLTY T
139 LAWSBROOK RD
CONCORD , MA 01742-2014
34/ 9/ / /
CAMDON LLC
29 BAYBERRY RD
CONCORD , MA 01742
34/ 10/ / /
LAMBERT MICHAEL A
LAMBERT ASTRID K
91 GEORGE ST
MEDFORD , MA 02155
34/ 11/ / /
CURRAN KATHLEEN
30 HANCOCK ST
AUBURNDALE , MA 02466
26/ 98/ / /
FLORI ANTONETTE
76 PIGEON LN
WALTHAM , MA 02452
26/ 99/ / /
SHUMAN KAREN R
49 BRIDLE RIDGE DR
NORTH GRAFTON , MA 01536
26/ 100/ / /
BILOTTA JOSHUA D
BILOTTA HEATHER
50 BILOTTA WAY
FITCHBURG , MA 01420
26/ 101/ / /
OTERI BARBARA C
289 WILDROSE COMMON UNIT 1
LIVERMORE , CA 94551
26/ 102/ / /
PANTALEO JOHN LIFE EST
C/O TARNUZZER MAUREEN
164 RUN POND RD
SOUTH YARMOUTH , MA 02664
26/ 89/ / /
SPLAGOUNIAS LESLEYANN TRS
MARAVELIS FAMILY IRR TRUST
16 JENNYS HILL RD
WINDHAM , NH 03087
26/ 90/ / /
DECRISANTIS PAUL J
DECRISANTIS DOROTHY A
104 WADHAMS RD
BLOOMFIELD , CT 06002-1209
26/ 91/ / /
RESIDENTIAL REHAB HOUSING INC
14 LOTS HOLLOW RD
ORLEANS , MA 02653
34/ 12/ / /
BRODEUR PAULINE J
384 W WRENTHAM ROAD
CUMBERLAND , RI 02864
34/ 13/ / /
HOGREFE WAYNE RICHARD
C/O BRAVO WILLIAM A
14 ANNE MOORE RD
BOLTON , MA 01740
34/ 14/ / /
ARDOLINO ANDREW G TRS
ARLINE C ARDOLINO IRREV TRST
52 LIBERTY AVE
SOMERVILLE , MA 02144
26/ 34/ / /
THOMPSON LAURA M
LOZINSKY LEONID B
86 FALMOUTH RD
WEST NEWTON , MA 02465
34/ 28/ / /
WEISBERG MICHAEL
WEISBERG ERIN
5 HEMLOCK LN
EAST GREENBUSH , NY 12061
26/ 35/ / /
THIBODEAU NEIL J JR
THIBODEAU KAREN J
9 LINDA CIR
SUTTON , MA 01590
26/ 36/ / /
ALMQUIST MICHAEL A
ALMQUIST MARY M
1 GALVIN CIR
WAKEFIELD , MA 01880
34/ 254/ / /
DEMPSEY DAVID V
DEMPSEY MARGARET
100 WILFIN RD
SOUTH YARMOUTH , MA 02664-5857
34/ 255/ / /
SEARENITY ESTATES LLC
C/O PAGE WALLERT
320 ROSE GARDEN LN
ALPHARETTA , GA 30009
26/ 107/ / /
CAMPO LIBORIO TRS
CAMPO LYNN D TRS
825 HILL ST
HAMDEN , CT 06514
26/ 108/ / /
LUM SHARON W
C/O YEE KENNETH
P O BOX 923
MOODY , ME 04054
26/ 109/ / /
FYFE LYNN A TRS
MOODY RUTH S TRS
114 WILFIN RD
SOUTH YARMOUTH , MA 02664
26/ 110/ / /
DAVENPORT DEWITT TR
DAVENPORT REALTY TRUST
20 NORTH MAIN ST
SOUTH YARMOUTH , MA 02664
26/ 103/ / /
WENSLEY HOWARD SAUL
WENSLEY ELLEN RUTH
3 FLINT LN
NORTON , MA 02766
26/ 104/ / /
HERTZBERG RICHARD E JR TR
HERTZBERG IRENE TR
321 EAGLES NEST WAY UNIT 321
FRANKLIN , MA 02038
261 105! 1 1 341 2491 1 1
HIGGOTT ELEANOR K NEITHERCUT SCOTT J TR
CIO ELEANOR & KATHRYN MORRISSEY SK AND MUHA C E TRS
68 PRESTON ST APT 1 F 5 APPLEWOOD RD
WAKEFIELD , MA 01880 WEST BOYLSTON , MA 01583
261 1061 1 1 341 2531 ! 1
SAMPEL JAMES E MARTIN EDWARD J
PALMIERO-SAMPEL SUSAN MARTIN MARY LOU
85 CAMP AVE UNIT 13B 96 WILFIN RD
STAMFORD , CT 06907 SOUTH YARMOUTH , MA 02664
341 11 ! 1
DAVIS HOWARD S
KENWOOD DR
RUTLAND , MA 01543
Please use this signature to certify this list of properties
abutting within 300' of the parcel located at:
341 21 1 1 160 Run Pond Rd., South Yarmouth, MA 02664
BROOKS DAVID F
BROOKS JUDITH A Assessors Map 26, Lot 100
9 SUMMER LN
FRAMINGHAM , MA 01701
Andy chado, Director of Assessing
341 31 ! I
BARRYJOHN
BARRY MARY P
8 WEDGEWOOD CT
NEWTOWN , CT 06470
341 41 1 1
RIDGE JAMES A
RIDGE ELLEN H
88 UNION ST
WATERTOWN, MA 02472
261 921 1 !
NELSON BERNADETTE TRS
NELSON M J & PALIE J J JR TRS
178 RUN POND RD
SOUTH YARMOUTH , MA 02664
26! 951 ! 1
SABINA MICHAEL I TRS
10 BARSTOW DR
BRAINTREE , MA 02184-6813
261 961 1 1
LOWE ROBERT A TRS
LOWE ROSALYN TRS
172 RUN POND RD
SOUTH YARMOUTH , MA 02664
261 971 !
FROST ROBERT
FROST LILIYA V
223 GREEN RD
BOLTON , MA 01740
From:karenrobin66@gmail.com
To:Clark, Sandi
Cc:fsmith@easterninsurance.com
Subject:Yarmouth Board of Appeals re Petition #4879: Joshua Bilotta, 160 Run Pond Rd., South Yarmouth
Date:Wednesday, February 10, 2021 9:52:07 PM
Attention! This email originates outside of the organization. Do not open attachments or
click links unless you are sure this email is from a known sender and you know the
content is safe. Call the sender to verify if unsure. Otherwise delete this email.
As an abutter I would like to provide some comments for you to take into
consideration.
Our home is next door to the Bilotta’s who we consider to be good neighbors and
friends. We have no interest in stopping their building an addition on their home.
But we would like to have an opportunity to find the best possible way to mitigate
the impact it will have on our available sunlight and casting shadows on our
family room, our patio, and in our back yard.
Their home is very close to our lot line and raising their roof line will increase
shadows and decrease sunlight. The impact varies depending upon the time of
day and the time of the year. To some people natural light is less important but to
me it is very important.
Josh Bilotta is aware of the negative impact that his addition will have on our
home and has been discussing with us ways to mitigate the impact of his project.
He has kept the roof line as low as he can and has offered to add a window or a
skylight to our home at his expense. He has also offered to remove trees and
lower his fence. He also offered to use cardboard or plywood to “mock up” his
new roof line so we can better understand the impact of his project on our home.
We would like to develop the solution that works best for both of us. However,
we are in Florida for the winter and cannot travel back now or in the near future
because of virus/health concerns. We are not comfortable in coming up with the
best solution without being at our home to see Josh’s mock up and get a better
feel for the new building height and roof line and to see firsthand if removing
some trees or adding a skylight or a window will provide a reasonably good
solution. We also know that Josh is trying to keep his roof line as low as possible,
but perhaps dormering the addition on the side opposite our home may also be
something to consider. Josh has provided us with a sun/shadow report that he
created but we don’t feel comfortable making decisions from that information.
To be clear, we want Josh to be able to expand his home. But we need time to
work with him at our home to find the best possible solution. We cannot do that
from Florida so we would like your final decision to be deferred until a later date
after we return to Massachusetts, meet with Josh at our home and observe in
person his mock up, the trees, and determine if adding a window or changing the
roof line will be a good solution for both of us.
Thanks for your consideration.
Karen Shuman
156 Run Pond Rd
South Yarmouth, MA 02664
508 208 8542
=======================================================
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=======================================================
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