Agenda packet

Board of Appeals · from the Town's website · released Oct 29, 2020 · 94 pages · 3.5 MB
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Agenda
10-29-2020_BOARD_OF_APPEALS.PDF
Meeting Materials
013-2020_HELLWIG.PDF
012-2020_CIAMPA.PDF
015-2020_LYNDS_AND_ROLANDER.PDF
014-2020_BREVARD.PDF
1.
Documents:
2.
Documents:

TOWN OF WINTHROP
BOARD OF APPEALS
Town Hall, One Metcalf Square, Winthrop, Massachusetts 02152-3096
Telephone: (617) 846-1742 Ext. 3 Fax: (617) 539-0842
Joanne M. DeMato, Clerk
NOTICE OF BOARD OF APPEALS PUBLIC HEARING

You are invited to a Zoom webinar.
When: October 29 AT 07:00 PM Eastern Time (US and Canada)
Topic: Winthrop Board of Appeals Meeting

Please click the public Zoom link below to join the webinar:
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Attn applicants: Please begin the zoom as an attendee and we can bring you over immediately to
speak.

‘The listing of matters is those reasonably anticipated by the Chalr which may be discussed at the meeting. Not all items listed may In fact be
discussed and other items not listed may be brought up for discussion to the extent permitted by law.

Item No. | Appl. # Applicant Address Appeal Voting
4, Chairman opens hearing:
Old Business:
2 011-2020 Michael Carney, 12-16 | 12-16 Revere St. Varlance from Chapter
Revere St Realty Trust 17.12.040 for mixed use.

Variance from 17,16.020 Heigh
variance, Variance chapter
17.20.060 Parking relief t

3, #012-2020 Joseph Ciampa 38 Franklin St. Variance from Sect. 17,160020.)
minimum lot area to construct 2

family dwelling

4 #013-2020 Sandra Hellwig 79 Summit Ave. Variance from Sec. 17,16.020,
setbacks and 17.28 alteration of
preexisting nonconforming

structure
5. #014-2020 Nathantel Brevard 145 Washington SP Chapter 17.49 Bed &
Ave. Breakfast license application
6. #015-2020 JohnG. Rolander 25LocustSt. Variance & SP Chapter

17.16.020. J. 1 Dim Regs
17.20.060 Off St Parking

7. Approval of minutes 8, Motion to adjourn

Application N 13- 2)
Date: ]o}4 IF 02 2

Town of Winthrop, Massachusetts
Zoning Board of Appeals
Application For Special Permit and Variances

All parts of this application shall be completed. Plans and plot
plans must accompany this application. The applicant must present
evidence that tends to indicate that the circumstances relating to
soil conditions, the shape of topography specifically affecting the
land of structures but not the zoning district in general, and the
literal enforcement of the provisions of this title would involve
substantial hardship, financial or otherwise, to the petitioner or
appellant; that desired relief may be granted without nullifying or
substantially derogating from the intent or purpose of this
ordinance; and that the relief requested would not create
substantial detriment to the public good.

ADDRESS OF PROPERTY: 79 SUMMIT AVENUE, WINTHROP
I hereby request a hearing before the Winthrop Board of Appeals:

ts, Applicant Submitting this application is:

Name: la: Bs ni
Address: 79 Summit Avenue
City/Town: WINTHROP, MASSACHUSETTS 02152

Telephone: 781-521-5494

e. Applicant is:

Owner: x Lessee Prospective Purchaser

3. The following person is hereby designated to represent the
applicant in matters arising hereunder:

Name: James J, Cipoletta, Esq
Address:385 Broadway, Revere, MA 02151

Telephone: 781.289.7777

RECEIVED
2028 OCT-1 P 148

9b.

10,

The land for which this application is submitted is owned by:
Ana Maria Hellwig and Sandra Hellwig

The land described in this application is recorded in
Suffolk County Registry of Deeds or Land Court Section at:

Book: 60954 Page: 114

Plans describing and defining the Variance or Appeal are
incgluded herewith and made a part hereof.

See Plan Attached

A map describing the land uses of adjacent and nearby
properties shall be included and made a part hereof,

Check here to indicate inclusion (x )}.

A locus map (8 1/2" x 11") copy of the Town of Winthrop or
USGS topographic sheet with site marked for which permit is
requested is included and made a part of this application.

Check here to indicate inclusion ( x ),

Is the site of this application subject to the Wetlands
Protection Act. (M.G,L,, Chapter 131, Sec, 40A or Chapter
130, Sec. 105)?

No

Is the location of the site of this application within 100
feet of: a coastal beach; salt marsh; land under the ocean ?

No

Describe the property for which this application is being
submitted, including dimensions of land, existing buildings,
if any, availability of utilities, sewer, water, ate.

The lot consists of a total of 10,000 square feet of land in
the Residence A (RA) zoning district. Currently there is a 2
% story residence and a garage measuring approximately 18' x
19'. The lot is serviced by working sewer, water, and power
utilities,

il.

22,

13.

14.

What is the EXACT nature of the appeal or relief requested in
this application?

The appellants request relief in the form of a variance from
the provisions of Section 17.16.020, minimum side setback and
Section 17,28, alteration or extension of a pre-existing
nonconforming structure in order to allow the owners to remove
the existing unsafe garage and rebuild it on the same
footprint with an additional storage space above. The total
height of the new structure will not exceed 20 feet and will
not exceed 2 stories. The foregoing dimensions are those
proposed on the project plan.

Deseribe the soil conditions, shape or topography affecting
the land or structure(s) in question, but not affecting
generally the zoning district in which the land or structures
are located,

fhe topography of the land is uneven and presents difficult
building techniques. The new garage will be located the same
spot as the old garage and is the only reasonable place to
rebuild as there is an existing concrete pad that will remain
when the existing structure is razed.

Describe how the enforcement of the provisions of the Zoning
Ordinances would involve substantial hardship, financial or
otherwise, to the undersigned.

Providing the requested relief will allow the replacement of
an existing structure that is in poor shape with one that is
on the same footprint and will have increased usefulness with
the addition of the storage level above.

Daseribe how the desired relief may be granted without
substantial detriment to the public good.

The owner does not proposed to add an additional building but
geeks to replace it with a safer, more aesthetically appealing
gtructure with a workshop, desk, and tool area on the first
level and storage on the second level. No further expansion of
the encroachment into the side yard setback will take place.

15. Deseribe how the variance desired may be granted without
nullifying or substantially derogating from the intent or
purpose of the Zoning By-Law.

Granting the relief will not create undue stress on municipal
services and will not increase density in the BA District and
will not burden the abutting or surrounding properties. The
request by the owners satisfies all of the comditions
precedent to the issuance of a variance pursuant to the Zoning
Ordinance of the Town of Winthrop.

Date of DENIAL, signed by the Building Inspector:_9/29/2020

I hereby certify that the foregoing information contained in this
application is true and complete.

OMT MD {> Jol 7 [2022

Signature - ‘of Ap’ icants Date

jof? [20°
Date

lor %-2ueto
Date

£ Designated
tative

L_ MUST SIGN T!

RECELPT /

Received from above applicant, the sum oe PAIS to apply against
administrative, and mailing costs

OrWalictie

SUPPLEMENT TO APPLICATION
(79 Summit Avenue}

The Applicants supplement the application for variances by supplying the following additional
information that might not be clearly set forth in the project plans or elsewhere:

1 The height of the existing garage is 13'. The finished height of the proposed garage will
be 20' thereby increasing the overall height by 7".

2 The owners plan to run electrical service to the garage but are NOT installing plumbing.
It is not intended for living or sleeping quarters, and will not be a residential dwelling
unit,

10.

CHEDULE OF ATTAC 'S_AND_ EXHIBITS PP) ‘TION
Site Plan
GIS Map
Building Plans
Denial Letter
Quitclaim Deed
Abutter List
Copy of Section 17,16.020 - Table of Dimensional Regulations
Copy of Section 17.28 - Nonconformimg Uses and Structures

Representative Photographs

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TOWN OF WINTHROP
OFFICE OF THE BUILDING COMMISSIONER

100 Kennedy Drive, Winthrop, MA 02152 Telephone: 617-846-1341 Fax: 617-539-1545
Email address: buildingdept@town.winthrop.ma.us

Dear Property Owner/Authorized Agent

You have requested that a Building Permit, Enforcement Action be issued / taken
in accordance with the appropriate provisions of the Town of Winthrop Zoning
Ordinance, Chapter 17.

For the reason(s) outlined below your request for such permit / enforcement
action is respectfully DENIED,

You have the right to request the issuance of a Variance — Special Permit from the
Zoning Board of Appeals in compliance with Massachusetts General Laws, Chapter 40A,

Property Address: 79 Summit Ave.
Person Requesting: Sandra Hellwig
REASON FOR DENIAL:

The applicant seeks a permit to build a 18’ x 19° two (2) story garage on the existing
foundation at the above referenced address, According to the proposed building plan,
looking for relief of 6’4”on the left side of the structure also the changes in height and
design would make this structure “nonconforming” as per section 17.28 nonconforming
uses,

The permit was denied due to the following reason,

1. Noncompliance of proposed structure with respect to minimum side yard setback
of 10 feet ( section 17.16.020 J. 1. ) Dimensional Regulations.

2. Change in height and design make this structure “nonconforming” as per section
17.28 nonconforming uses.

Albert Legee
Commissioner of Inspectional Services
Sept 29th, 2020

Bk: 60954 Pg: 114

QUITCLAIM DEED

T, Ana Maria Hellwig, of 79 it Avenue, Winthrop, MA 02152, for consideration of
LESS THAN ONE HUNDRED 00/100 DOLLARS (<$300.00), grant to Ana Maria

Hellwig and Sandra Hellwig, es Joint Tenants with Rights of Survivorship, of 79 Summit
Aveaue, Winthrop, MA 02152

with quitelaim covenants the following property in Suffolk County, Massachusetts

‘The land in sald Winthrop, Suffolk County, Massochusetts with the buildings thereon as Ip
more particularly described betow:

A cattain parcet of land In ald Winthrop with the buildings thereon, comptising Lot 18, and
‘@ portion of Lot 16, In Block "V“ on plan entited “Plan of Lands bolonging to the Winthrop
Shore Land Co. Winthrop, Mass. May 1, 1889,” recorded with Suffolk Deeds, at tho ond of
Book 1873, said parcels being together bounded and described as follows, viz:
NORTHERLY by Summit Ava., as shown on sald plan, seventy-seven (77) feet;
Erroneousty shown 8 fiftysive (85) feat on Deed from Arthur E. Carty to Arthur E. Carty, ot
ux ps fecorded In Suffolk Registry of Deeds, Book 8163, Page 342 and prior Deods (n chain
of tte;

EASTERLY by the remaining portion of sakd Lot 16, one hundred thirty (130) foot;
SOUTHERLY by land of owners unknown seventy-seven (77) feet; and

WESTERLY by Lot 11 said Block end Plan, one hundred thirty (130) feet.

Containing together 10,010 equare fest of land. Sald Lot 16 1s also shown 09 Lot 12 In
Block "V* on plan recorded with Suffolk Deeds at the end of Book 1601,

Said pramises ate subject to the right of the Town of Wiathrop to maintain a sewer along
the southory portion of sald pramises, Seo Suffolk Deeds Book 2129, Page 74,

ADDRESS OF PREMISES: 70 Summit Avenue, Winthrop, MA

AND

Propesty Address: 79 Summit Avenue, Winthrop, MA.

Bk: 60954 Pg: 115

A cartain parcet of land in Winthrop belng a portion of Lot 16 in Block "V" as shown on a "Plan of Lands
batonging to the Winthrop Shore Land Company, Winthrop, Massachusetts, May 1, 189° recorded with
Suffotk Doede at the end of Book 1873, bounded and descitbed as follows:

EASTERLY by Summit Avenue, twenty-two (22) feo; thenes tuming and running

SOUTHERLY by the remalning portion of Lot 18 being !and now or formerly of Coppan One Hundred
‘Thirty (190) feat thence tuming and running

WESTERLY by lend of owners unknown, Twenty-two (22) feat; thence tuming and running;
NORTHERLY by land now or formerly of Carty, One Hundred Thity (130) feet fo the point of boginning,
Containing Two Thousand Elght Hundred Sixty (2860) square feet of land more or less.

and In 19 (9 the same premises by deed dated 4/6/1996 and recorded
411714996 with Suffolk County Reglatry of Deeds in Book 20484 Page 164.

Bk: 60964 Pg: 116

WITNESS my hand ond seal this SU, day of Aghic. ,2019.

72 Yo Hl, — :
‘Ana Mi foliwig *

COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss

On this S__ dayof. ee 2019, before me, the undersigned notary public, Ana
Maria Hellwig personally appeared, proved to me through satisfactory evidence of identification, which
were to be the person(s) whose name(s) is/are signed on the
preceding or attached d and acknowledged to me that he/she signed it voluntarily, as his/her
free act and deed, for its stated purpose.

Nofary Public

My commission expires: Sips

SECTION 17.16.020

Phay ot AUTEM AY EALEEU Gee cneU Ue:

Serie a, HUE AU ERLE EE AIR Ly HHE oUF HE

1, Lots subdivided prior to November 3, 1955.

Minimum |

Lov area 5,850 square feet
sweet | SO feet
i fromage |
i
| Co i
| Front 1S leet
| yard
i
| Sonn

| Side yard | leet

Rear yard > 445 lot depth or 24 feet (whichever is fess)

17.28.030 - Nonconforming uses, structures and lots. *® 8 8 &

Honconlermity by Initis

Enactment or Anendmen

. The provisions of this section apply fo acttans in connection wth nonconforming

MSe5, steulctures and lots asc

ted by the initial enacwnent of this chapter or by eny subsequent amendment. {Lis the purpose of this

chapter to discourage the perpeturty of nanconforming uses sihenever pussibla, The lanful use of any building er land eaisting at the

tiny! of the epactment of this

apter may be continued extept as otherwise provided.
8. Extension and Alteration,
1, Any nonconforming use, except for agriculture, horticulture or fonieulturg, of any open space en 3 fot outside a structure or of 3 lot
not vecupied by a suture shall not be extend!

2. Any noncontorming principal use of a structure shall not be extended.

3. Any nonconforming accessory

30 of a peation of a stiuscture oF any conforming acc

ory use of 4 portion of  noeconfornting
structure may be eatended up Lo a maxiniun of wenty*five (25) pe

.ntof the flour area of the episting structure,
4. Any nonconforming structure may be altered and the use extended throughout the altered portion, provided that any resulcsnt
alteration shall not cause the structure to violate the dimensional anu density regulations of the district in which itis lacated,

5, Any nonconforming stucture o par

an thereof which fas come into confoanity shalt not again becoine nanconforming.

Wtectuction or Increase.

1, Any nonconforming fet or nancenforming open space on a lot, inclucling yards and setbacks, if already smaller than that required,

shall not be further reduced so as to be in gy eater nanconformty,
2. Mo building area or tloor area, svhere sheady noncentor ming, shall be mcressed so.as to be in grescer nonconfornity.

2. Any olfestreet parking oF loading spaces. if already equal to or less than the nunaber required to seeve thelr intended tse, shall not

be further reduced m number,

Ty Peanone

TOWN OF WINTHROP
OFFICE OF THE BUILDING COMMISSIONER

100 Kennedy Drive, Winthrop, MA 02152 Telephone: 617-846-1341 Fax: 617-539-1545
Email address: buildingdept@town.winthrop.ma.us

Dear Property Owner/Authorized Agent

You have requested that a Building Permit, Enforcement Action be issued / taken
in accordance with the appropriate provisions of the Town of Winthrop Zoning
Ordinance, Chapter 17.

For the reason(s) outlined below your request for such permit / enforcement
action is respectfully DENIED.

You have the right to request the issuance of a Variance — Special Permit from the
Zoning Board of Appeals in compliance with Massachusetts General Laws, Chapter 40A.

Property Address: 79 Summit Ave.
Person Requesting: Sandra Hellwig

REASON FOR DENIAL:

The applicant seeks a permit to build a 18’ x 19’ two (2) story garage on the existing
foundation at the above referenced address. According to the proposed building plan,
looking for relief of 6°4”on the left side of the structure also the changes in height and
design would make this structure “nonconforming” as per section 17.28 nonconforming
uses.

The permit was denied due to the following reason.

1. Noncompliance of proposed structure with respect to minimum side yard setback
of 10 feet ( section 17.16.020 J. 1. ) Dimensional Regulations.

2, Change in height and design make this structure “nonconforming” as per section
17.28 nonconforming uses.

Albert Legee
Commissioner of Inspectional Services
Sept 29th, 2020

]&I- S2I-S9GY

RECEIVED

. o1a~aoee 2028 oct -
1 i . a
Application No —__ Que. 5, 2020

Town of Winthrop, Massachusetts
Zoning Board of Appeals
Application For Special Permit and Variances

All parts of this application shall be completed. Plans and plot
plans must accompany this application. The applicant must present
evidence that tends to indicate that the circumstances relating to
soil conditions, the shape of topography specifically affecting the
land of structures but not the zoning district in general, and the
literal enforcement of the provisions of this title would involve
substantial hardship, financial or otherwise, to the petitioner or
appellant; that desired relief may be granted without nullifying or
substantially derogating from the intent or purpose of this
ordinance; and that the relief requested would not create
substantial detriment to the public good.

ADDRESS OF PROPERTY: 38 FRANKLIN STREET, WINTHROP
I hereby request a hearing before the Winthrop Board of Appeals:
1. Applicant Submitting this application is:

Name: JOSEPH CIAMPA

Address: 4 JOEY ROAD

City/Town: REVERE, MASSACHUSETTS 02152

2. Applicant is:
Owner: x Lessee Prospective Purchaser

36 The following person is hereby designated to represent the
applicant in matters arising hereunder:

Name: James J. Cipoletta, Esq.
Address:385 Broadway, Revere, MA 02151

Telephone: 781.289.7777

5 P2149

4.

9b.

10.

The land for which this application is submitted is owned by:
JOSEPH CIAMPA

The land described in this application is recorded in
Buffolk County Registry of Deeds or Land Court Section at:

Book: 39478 Page:111

Plans describing and defining the Variance or Appeal are
included herewith and made a part hereof.

See Plan Attached

A map describing the land uses of adjacent and nearby
properties shall be included and made a part hereof.

Check here to indicate inclusion (x ).

A locus map (8 1/2" x 11") copy of the Town of Winthrop or
USGS topographic sheet with site marked for which permit is
requested is included and made a part of this application.
Check here to indicate inclusion (x).

Is the site of this application subject to the Wetlands
Protection Act. (M.G.L., Chapter 131, Sec. 40A ox Chapter
130, Sec. 105)? .

No

Is the location of the site of this application within 100
feet of: a coastal beach; salt marsh; land under the ocean ?

No

Describe the property for which this application is being
submitted, including dimensions of land, existing buildings,
if any, availability of utilities, sewer, water, etc.

The proposed plan is to develop a two unit dwelling on vacant
land at Lot # 42, Franklin Street. All utilities, sewer,
water, etc are at the site and operational.

11.

12,

13.

14.

15.

What is the EXACT nature of the appeal or relief requested in
this application?

The Applicant requests a variance from the provisions of
Section 17.16, minimum lot area in the RB zone. Pursuant to
the provisions of Section 17.16.020 J, the lot having been
created by a subdivision prior to November 3, 1955, the
requirement for the construction of a two unit dwelling is
5000 square feet. The locus contains 4634 square feet of land.

Describe the soil conditions, shape or topography affecting
the land or structure(s) in question, but not affecting
generally the zoning district in which the land or structures
are located.

The building lot is slightly angled in the rear, thereby not
forming a perfect rectangle that would add square footage to
the lot.

Describe how the enforcement of the provisions of the Zoning
Ordinances would involve substantial hardship, financial or
otherwise, to the undersigned.

The two unit dwelling is allowed by right in the RB zone. Four
off-street parking spaces are provided by way of one driveway
on each side of the house. All setbacks required by the Table
of Dimensional Regulations are met,

Describe how the desired relief may be granted without
substantial detriment to the public good.

The lots and uses in the neighborhood are of the same or
similar size and usage. There will be no additional
requirement for street parking as all parking is on-site

Describe how the variance desired may be granted without
nullifying or substantially derogating from the intent or
purpose of the Zoning By-Law.

The Purpose of the Zoning Ordinance, Section 17 is set out as
follows:

The purpose of this title is to promote the health, safety,
convenience, morals and welfare of the inhabitants of the
town; to lessen congestion in the streets; to conserve
health; to secure safety from fire, panic and other danger;

Ls T_ SIGN TS$ APPLICATIO

RECEIPT

Received from above applicant, the sum ot F526 to apply against
administrative, and mailing costs.

to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of
population; to facilitate the adequate provision of
transportation, water, sewerage, schools, parks and other
public requirements; to conserve the value of land and
buildings; to encourage the most appropriate use of land
throughout the town; to achieve optimum environmental
quality through review and cooperation by the use of design
review; and to preserve and increase town amenities and to
encourage an orderly expansion of the tax base by proper
utilization and development of land. It is made with
reasonable consideration of the character of the districts
and their peculiar suitability for particular uses, with a
view to giving direction or effect to land development
policies and proposals of the planning board, including the
making of Winthrop a more viable and more pleasing place to
live, work and play.

Granting the relief will not create undue stress on
municipal services and will not increase density in the RB
District but will enhance the location and surroundings by
construction of an upgraded, modern home.

'30° R020
Date of DENIAL, signed by the Building Inspector: q 30 Ao

I hereby certify that the foregoing information contained in this
application is true and complete.

lo t0ed
Date

of Applicants

ae zed
gnature of Owner Date

Bjanakire of Designated Date
presentative

38 Tomblin Street, WitrthOp, MA o21S52

poy Adds

PROPERTY APPRAISAL (TAX/APN) PARCEL IDENTIFICATION NUMBER
56/ 90/1 /

SPECIAL/LIMITED WARRANTY DEED

Fannic Mae a/k/a Federal National Mortgage Association, whose mailing address is PO Box
650043, Dallas, TX 75265, hereinafter grantor, for $225,100.00 (Two Hundred Twenty Five
Thousand One Hundred Dollars and Zero Cents) in consideration paid grants with covenants of
limited warranty to Joseph Ciampa, Individually, hereinafter grantee, whose tax mailing
address is 42 Joey Road, Revere, MA 02151, the following real property:

That certain parcel of iand situate in Winthrop in the County of Suffolk and
Commonwealth of Massachusetts, bounded and described as follows:

Southerly by Franklin Street, fifty (50) feet;

Westerly by land now or formerly of George Pappas, Sr., et al, ninety-one and $3/100
(91.53) feet;

Northerly by lands now or formerly of Luigi Guarino and of Omer A. Cantara, et al, fifty
and 05/100 (50.05) feet; and

Easterly by land now or formerty of the Winthrop Land Trust Co., ninety-three and 83/100
(93.83) feet.

All of said boundaries are determined by the Court to be located as shown on a plan drawn
by Joseph Selwyn, Civil Engineer, dated September 16, 1957, as modified and approved by
the Court, fited In the Land Registration Office as Plan No. 27894-A, a copy of a portion of
which is filed with Certificate of Title No. 64584.

SUBJECT TO ANY AND ALL RESTRICTIONS, EXCEPTIONS, RESERVATIONS,
STIPULATIONS, CONDITIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD.

Property Address is: 38 Franktin Street, Winthrop, MA 02152

Prior instrument reference: Document No. 903270/Certificate No. 136513

Grantor makes no representations or worranties, of ony kind or nature whatsoover, oiler
than thoes set cut above, whether expressed, implied, implied by law, or othorwise, conceming
the condition of the title of the property prior to the date the grantor acquired title.

The real property dosoribed above is conveyed subject to and with the bonefit of: All
easements, covenants, conditions and restrictions of recard; in so far as in fores applicable,

The real property described above is conveyed subject to the following: All casemeate,
covenants, conditions and restrictions of record; ‘All legal highways; Zoning, building and other
laws, ordinances and regulations; Real cstate taxes and axsessments not yet due and payable;
Rights of tenants in possession.

TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertnining, ard oll the estate, right, title interest, lien equity
and claim whatsoever of the said grantor, either in law or equity, to the only proper use, benefit
ond behalf of the grantee forever.

Executed by the undersigned under sealon_Feh 2 2020:

This conveyance does not constitute the sale or transfer of al} or substantially all of the grantor‘s
assets within tho Commonwealth of Massachusetts

a

¢ Fanalc Mae a/t/a Federal National Mortgage Association, by Conticental
Real Estate Services, Inc., its Attorney in Fact

afl Wate

Mes Clasing Supicui sor

POA recorded on 2/21/2020 as Document Na, 994102 In the Land Court Rocords of Suffalk
County

STATE of (Yussouri
COUNTY of _St. Louis

On this Q°tay of _Feiry __, 2080 bafbre me, the undersigned notary public, personally
appeared _ ior WORK! who proved to me through satisfactory evidence of
identification, Givers \icense , to be the C of

Continental Real Estato Serviecs, lac, as Attoracy in Fact for Fanote Mac a/k/a Pederal
National Mortgage Assaclation, the person whore name is signed on the preceding or attached
document, and acknowledged to me that he/she signed it votuntarily for its stated purpose.

Nowell Bloomonthal Esq., (Massachusetts Bar Number: 046760), 935 Main Street # 3, Waltham,
MA 02451-7437 and Jay A. Rosenberg, Bsq., Rosenberg LPA. Attomeys At Law, 3805 Edwards
Road, Sulte $50, Cincinnati, Ohio 45209, ($13) 247-9605 Fax: (866) 611-0170.

MARCH 4, 2020

FEMA BENCH MARK RM 3 ELEY, 29.69

PLAN SHOWING PROPOSED 20° x 48"

TWO FAMILY DWELLING

PARKING BPAGES 4 @ 9°.x 18"

ELEVATIONS SHOWN CONVERTED TO NAVD 1988 (- 0.5) "

ae ay

0.08 3
Coa “
Ee 88 Eh
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or SS 7a ry
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#42

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LOT #42 & on i - Lors4o

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HOUSE # 42 SR,

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PLAN REPERENGE 10 27698

4

DEEO REFERENCE BK20479 PO 111

FRANKLIN STREET °

“ae ape ‘ESTs ? ee RT
BER . E i : WATER, = aot AEE. 4— 3
aan

ASSESSORS ID: MAP 66 PARCEL 89

OWNER: JOSEPH CIAMPA

1 CERTIFY ‘THAT THIS PLAN HAS BEEN
‘ PREPARED IN CONPORMANGE WITH THH RULES
. Sumer pec J

PLAN OF LAND
HM...

WINTHROP, M Ass.

‘ene: ita!

SURYEYOR ALEXANDER ero.)
, AGR#S ENGwitTERS, sURVEyeRs

ST INTHROP RD. ONELOEA, mA,
PHONE 617.886.2793 -

GRAPMIC SUALE

ae mace eees

cn

oO ae.) YO

FRANKLIN

Appendix to
Chapter 17,16

Table of Dimensional Regulations

{Minimum requirements in feet, unless otherwise indicated)

Residential A!

t-family 7,500

2-family 10,000

Residential 8 *

Multifamily 20,000 | 1 unit per 100 100 25 25 40 35 35 30% 25
2,500
square

feet |

Residential ¢ *

Mid-rise 20,000 | 1 unit per 100 100 50 6 65 205 50 *.

J. Preexisting Lots, One-family and two-family dwellings on lots subdivided prior to july 1, 1982, shall be regulated as follows: any
alterations to existing structures on lots subdivided before July 4, 1982, come under subsection {))(2) of this section. No existing building
H may be altered to exceed two and one-half stories, not to exceed thirty-five (35) feet.

1 ivided prior to November 3, 1955.
/ “ Lotarea 5,000 square feet
:
Street SO feet
; frontage
Front 15 feet
yard
| Side yard 10 feet
; Rear yard 1/5 Jot depth or 24 feet (whichever is less)

TOWN OF WINTHROP
OFFICE OF THE BUILDING COMMISSIONER

100 Kennedy Drive, Winthrop, MA 02152 Telephone: 617-846-1341 Fax: 617-539-1545
Email address: buildingdept@town.winthrop.ma.us

Dear Property Owner/Authorized Agent

You have requested that a Building Permit, Enforcement Action be issued / taken
in accordance with the appropriate provisions of the Town of Winthrop Zoning
Ordinance, Chapter 17.

For the reason(s) outlined below your request for such permit / enforcement
action is respectfully DENIED.

You have the right to request the issuance of a Variance — Special Permit from the
Zoning Board of Appeals in compliance with Massachusetts General Laws, Chapter 40A.
Lot

Property Address: 42 Franklin Street (3 Frantctin ot-)

Person Requesting: Joeseph Ciampa

The owner has applied to construct a two family house on a vacant lot at #42 Franklin
Street, Winthrop. The application is denied for the following reasons.

1. The lot size is comprised of 4,636 square feet of land.

2. Lots subdivided prior to November 3, 1955 require 5000 square feet of land in
order to construct a one or two family dwelling. See Section 17.16.020J

3. The owner may appeal this denial to the Winthrop Board of Appeals for a
variance from the provisions of this section, minimum {ot size out of Table of
Dimensional Regulations, Chapter 17.16.

Dated this 30" day of September 2020

Russ Sanford
Chief Building Inspector

TOWN OF WINTHROP
OFFICE OF THE BUILDING COMMISSIONER

100 Kennedy Drive, Winthrop, MA 02152 Telephone: 617-846-1341 Fax: 617-539-1545
Email address: buildingdept@town, winthrop.ma.us

Dear Property Owner/Authorized Agent

You have requested that a Building Permit, Enforcement Action be issued / taken
in accordance with the appropriate provisions of the Town of Winthrop Zoning
Ordinance, Chapter 17.

For the reason(s) outlined below your request for such permit / enforcement
action is respectfully DENIED.

You have the right'to request the issuance of a Variance — Special Permit from the
Zoning Board of Appeals in compliance with Massachusetts General Laws, Chapter 40A.

g
Property Address: Franklin Street

Person Requesting: Joeseph Ciampa |

The owner has applied to construct a two family house on a vacant lot at #42 Franklin
Street, Winthrop. The application is denied for the following reasons.

1. The lot size is comprised of 4,636 square feet of land,

2, Lots subdivided prior to November 3, 1955 require 5000 square feet of land in
order to construct a one or two family dwelling. See Section 17.16.020J '

3, The owner may appeal this denial to the Winthrop Board of Appeals for a i
variance from the provisions of this section, minimum lot size out of Table of
Dimensional Regulations, Chapter 17.16.

Dated this 30" day ow 2020

ko
Russ Sanford
Chief Building Inspector

ee,

RECEIVED
2020 OCT -8 P 3 349

Application No. [G9 -QDAD gage
Date Filed: B) 7) UWL ee
WANTHROP, MASS

Town of Winthrop
Zoning Board of Appeals
Application for
Special Permit

Certified for completeness by: Date:

NOTICE TO APPLICANTS

Please note that the sections of this application pertaining to this petition must be filled out
COMPLETELY and all requirements of the rules and regulations of the Zoning Board of
Appeals and of the Zoning By-Laws MUST be complied with. THIS APPLICATION
MUST BE CERTIFIED _FOR COMPLETENESS BY THE _ BUILDING
COMMISSIONER BEFORE THE APPLICATION CAN BE FILED WITH THE
TOWN CLERK.

ADDRESS OF PROPERTY; 2° Locust Street, Winthrop

ASSESSORS MAP NO,; __62 LOTNO,: 7177

I hereby request a hearing before the Winthrop Board of Appeals:

1. Applicant submitting this application is:

Name: John Griffin Rolander

Address: 22 Isabella Street, Apt. 2

City/Town: Boston, MA 02116

~Page I of 5-

Telephone: 513-638-0241

xX

Owner Lessee Prospective Purchaser

2. The following person is hereby designated to represent applicant in
matters arising hereunder:

Richard C. Lynds, Esq.

Name:

Address: 245 Sumner Street, Suite 110, East Boston, MA 02128
-207-1190

Telephone: 617

E-Mail: [removed]

3. The land for which this application is submitted is owned by:

John Griffin Rolander

Name:
Address: 22 Isabella Street, Apt. 2
Telephone: 513-638-0241

Assessors Map No.: _62 Lot No.:_7177__ Zoning District: _R5

4, The land described in this application is recorded in Suffolk
County Registry of Deeds or Land Court Section at:

Book 62793 Page 312 or Instrument No.

5. Plans describing and defining the Special Permit are included
herewith and made a part hereof and are entitled:

Plot plan 25 Locust Street, Winthrop, MA and Proposed one to two unit conversion
25_Locus Street, Winthrop, MA

-Page 2 of 5-

6. | Alocus map (Assessors Map #62____) with site marked for which
permit is requested and the land uses of adjacent properties
described shall be included and made a part hereof.

1. Is the site of this application subject to Wetlands Protection Act
(M.G.L. c. 131, § 40A or Chapter 130, § 105)?

Yes No x

8. Is the location of the site of this application within 100 feet of a
coastal beach, salt marsh or land under the ocean?

Yes No *

9, Describe the property for which this application is being
submitted, including current use, previous uses, dimensions of
land, description of existing buildings, if any, and availability of

utilities, sewer, water, efc. a :
The property is currently a one family residential dwelling

with all utitlites pre-existing.

10. What is the EXACT nature of the Special Permit requested?

Extension of a non conforming structure. Applicant seeks to change occupancy from a
single family to a two unit residential dwelling by adding dormers and an addition.

-Page 3 of 5-

i,

12,

13.

Describe how the desired relief may be granted in consideration of

the criteria described in Section 17 of the Winthrop Zoning By-

Law.

The proposal seeks to add, quality market rate housing to the Town of Winthrop ,
The proposal is consistent in Use, height, density and lot size to the neighboring properties
Development under the current zoning regulations would require substantial investment that

would not yield a feasable return. Accordingly, the site would remain unimproved. ;
Granting the relief for the proposed project would permit the needed investment for the site.

Describe how the Special Permit desired may be granted without
nullifying or substantially derogating from the intent or purpose of
the Zoning By-Law. See Response to number 11 above

Describe how the desire relief may be granted without substantial

detriment to the public good. , .
The proposal seeks to add quality market rate housing

to the Town of Winthrop. The proposal is consistent in Use, height, density and lot size to the
neighboring properties.

NOTE: The law does not permit the Board of Appeals to grant a Special
Permit unless all requirements set forth in Massachusetts General Laws
Chapter 40A, § 9 are satisfied. Each one of the above categories must be
answered in detail.

duly 1, 2020

Date of Denial of Building Permit request by Building Commissioner: _(Updated to__)

| October 8, 2020

Signature of Applicant Date

~Page 4 of 5-

October 8, 2020

Signature of Owner Date
Vad WM October 8, 2020
Signature of Designated Representative Date

ALL MUST SIGN THIS APPLICATION

Received from the above Applicant the sum of s 37S a to

apply against administrative and mailing costs.

6 pannel. eae — 10/¢/ao20

Date /

Notice of Application to Board of Appeals made herewith.

Town Clerk

-Page 5 of 5-

Application No. 0 IS 2620

Date Filed: i?)

Town of Winthrop THRO, |
Zoning Board of Appeals as
Application for
Variance or Appeal Form
from Decision of Building Commissioner

All parts of this application shall be completed. Incomplete filings will be
rejected and no hearing shall be scheduled.

Applicant must present evidence that tends to indicate that the circumstances
relating to soil conditions, shape or topography, specifically the land of
structures, but not the zoning district in general and literal enforcement of the
provisions of this title would involve substantial hardship, financial or
otherwise, to petitioner or applicant, that desired relief may be granted
without nullifying or substantially derogating from the intent or purpose of
this ordinance and that the relief granted would not create substantial ‘

detriment to the public good,

ADDRESS OF PROPERTY:_25 Locust Street, Winthrop

I hereby request a hearing before the Winthrop Board of Appeals.

1. Applicant submitting this application is:

‘Name: John Griffin Rolander

Address: 22 Isabella Street, Apt. 2

City/Town: Boston, MA 02116

Telephone: 513-638-0241

~Page 1 of 5-

2. Applicant is;

Owner x Lessee Prospective Purchaser

3, The following person is hereby designated to represent applicant in
natiers arising hereunder:

Richard C. Lynds, Esq.

Name:

245 Sumner Street, Suite 110, East Boston, MA 02128
Address:
Telephone: 617-207-1190

4, The land for which this application is submitted is owned by:

John Griffin Rolander

Name:

. 22 Isabella Street, Apt. 2, Boston, MA 02116
Address:
Telephone: 513-638-0241

5. The land described in this application is recorded in Suffolk
County Registry of Deeds at:

Book 62793 Page 312 or Instrument No.

6. Plans describing and defining the variance or appeal are included
herewith and made a part hereof and are entitled:

Plot plan of land located at 25 Locust Street, Winthrop, MA and
One to Two Unit Coversion 25 Locust Street, Winthrop, MA.f

~Page 2 of 5-

9(a)

%b)

10.

A map describing the land uses of adjacent and nearby properties
shall be included and made a part hereof.

Check here to indicate inclusion: (X )

A locus map ( ) copy of the Town of Winthrop or
uses topographic sheet with site marked for which permit is

requested is included and made a part of this application.

Check here to indicate inchusion: ( X }

Is the site of this application subject to Wetlands Protection Act
(M.GL, ¢. 131, § 40A or Chapter 130, § 105)?

Yes No x

Is the location of the site of this application within 100 feet of a
coastal beach: salt marsh Jand under the ocean?

Yes No x

Describe the property for which this application is being
submitted, including dimensions of the land, existing buildings, if
any, availability of utilities, sewer, water, etc,

Property is currently a single family residential dwelling with all utilities pre-existing.

~Page 3 of 5-

ih.

12.

13.

14.

15,

What is the EXACT nature of the appeal or variance requested in
this application? Change Occupacny from a one to two family residential dwelling
with parking for two vehicles.

Describe the soil conditions, shape or topography especially
affecting the land or structure in question, but affecting generally
the zoning district in which the land or structures are located

which require applicant to seek this variance. . a.
The soil conditions, shape or

topography do not affect the land or structure as the proposal seeks to maintain
a residential use.

Describe how the enforcement of the provisions of the Zoning
Ordinances would involve substantial hardship, financial or

otherwise, to the undersigned. . .

Development at the site under current zoning regulations
would regquire substantial investment that would not yield a feasable return. Accordingly the
site would remain unimproved and subject to further deterioation. Granting the relief for the
proposed project would permit the needed investment for the site.

Describe how the desire relief may be granted without substantial
detriment to the public good.

The proposal seeks to add needed market rate housing to the Town of Winthrop
The proposal is consistent in use, height, density and lot size with the surrounding

properties.

Describe how the variance desired may be granted without
nullifying or substantially derogating from the intent of the Zoning
Ordinances, See response to numner 14 above.

~Page 4 of 5-

NOTE: The law does not permit the Board of Appeals to grant a variance
unless all requirements set forth in Massachusetts General Laws Chapter
40A, Section 10 are satisfied, Each of the above categories must be listed in

detail.

Date of Denial by Building Commissioner and/or Planning Board: _July 1, 2020
(updated to )
Qh Gu October 8, 2020

Signature of Applicant Date

October 8, 2020

Signature of Owner Date
Qh Gu October 8, 2020
Signature of Designated Representative Date

ALL MUST SIGN THIS APPLICATION

Received from the above Applicant the sum of $ to

apply against administrative and mailing costs.
1o/§/Ww

Date

Notice of Application to Board of Appeals made herewith.

Orde uttushe

Town Clerk

~Page 5 of 5-

Town.of Winthrop
Building Department
100 Kennedy Drive
Winthrop, MA 02152
617-846-1341

Board of Appeals Application Check List

The following items need to be filed with the Town Clerk’s Office by 4:00 p.m. on or before
the monthly deadline. You may find the yearly calendar for dates of filing deadlines and
meetings cin line at www.town.winthrop.ma.us ~ Boards & Commissions — Board of Appeals ~
Yearly Meeting Calendar OR check the Posted Notices at Town Hall, .

10 complete sets of the following must be bound or clipped together:
(Less than 10 will not be accepted)

Check
. List
1) Completed Application x
2) Denial Letter from the Building Commissioner x
3) Certified Plot Plan with Locus and
Table of Dimensional Requirements
Preferred maximum size of 11x17” xX
4) Copy of Deed with book and page number xX
5) Blue Prints (if applicable) — size — 11”x17" a
Also you must Include:
2 sets of Abutter's labels
(Obtained by separate application submitted to the Assessor's Office ~ Cost $10) Xx

Fees:
$375 ~ Filing Fee — Payable to the: Town of Winthrop
$100 ~ Legal Notice Publication Fee ~ Payable to the: Winthrop Sun Transcript

The Building Commissioner must review and approve all applications for completion before filing
with the Town Clerk's Office, Town Hall, One Metcalf Square, Room 5, Winthrop, MA 02152. An
appointment may be necessary, please call 617-846-1341 to schedule.

You may provide photograph and other documentation (Exhibits) after the deadline but prior to
the hearing to assist the BOA In making its decision.

Bk: 62793 Pg: 312

Suffolk County Registry of Deeds

Electronically Recorded Document

This is the first page of the document - Do not remove

Recording Information

Document Number 27299
Document Type : DEO
Recorded Date : Aprit 06, 2020
Recorded Time : 02:00:21 PM
Recorded Book and Page : 62793 / 312
Number of Pages(including cover sheet) 3

Receipt Number , 816080
Recording Fee (including excise) 1 $2,024.60

MASSACHUSETTS EXCISE TAX
Suffolk County District ROD # 001
Date: 04/06/2020 02:00 PM

Ctrl# 199310 23884 Doc# 00027289
Fee: $1,869.60 Cons: $419,000.00

Suffolk County Registry of Deeds
Stephen J. Murphy, Register
24 New Chardon Street
Boston, MA 02114
617-788-8575,
Suffolkdeeds.com

25 Locust Street, Winthrop, Suffoik County, Massachusetts

Property Address:

Bk: 62793 Pg: 313

QUITCLAIM DEED

1, Joann Brennan, an unmarried woman, of Winthrop, Suffolk County, Massachusetts,

for consideration paid and in full consideration of FOUR HUNDRED TEN THOUSAND AND
00/100 ($410,000.00) DOLLARS,

grant to John Griffin Rolander, Individually,
now of 80 Sagamore Street, Revere, Suffolk County, Massachusetts, 02151

with QUITCLAIM COVENANTS

A certain parcel of land with the buildings thereon, situated in Winthrop, Suffolk County,
Massachusetts, being shown as Lot 25A on the plan entitled, "Plan of Land, Winthrop, Mass.” by
Joseph Selwyn, Civil Engineer, dated September 25, 1960 and recorded with Suffolk Deeds at
end Book 7551 and bounded and described as follows:

NORTHEASTERLY by Locust Street as shown on said plan, fifly (50) feet;
SOUTHEASTERLY by Lot 26 as shown on said plan, one hundred ten (110) feet;
SOUTHWESTERLY by part of Lot 44 as shown on said plan, thirty-six (36) feet
NORTHERLY by part of Lot 24A as shown on said plan, forty and 50/100 (40.50) feet;

NORTHWESTERLY by Lot 24A as shown on said plan, seventy two (72) feet.

Containing 5234 square feet of land according to said plan.

Meaning and intending to convey the same Premises conveyed to the Grantor by deed dated
June 26, 2017, recorded with the Suffolk County Registry of Deeds at Book 58197, Page 73.

1, the above Grantor, hereby release and terminate any and all estates of homestead in and to the
property conveyed hereunder, whether created automatically pursuant to Massachusetts law or
by Declaration.

Signature Follows Next Page

Bk: 62793 Pg: 314

Witness my hand and seal this Pra day of March, 2020.

Al Dn UI inna?

foani Brennan

COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss,

On this?S"tay of March, 2020, before me, the undersigned Notary Public, personally
appeared Joann Brennan, proved to me by satisfactory evidence of identification, being: [
driver's license or other state or federal governmental document bearing a photographic image,
{ } oath or affirmation of a 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 whose name is
signed above, and acknowledged the foregoing to be signed by her, as her free act and deed,
voluntarily for its slated purpose.

eA Awetinn _
Notary Public: [sr etary
My Commission Expires:_/(— a7 >
Qualified in the Commonwealth of Massachusetts

& LISA A. NUTT

Notary Publio
COMMONWEALTH OF MASSACHUSETTS
My Coramission Expiros Oa

November 15, 2024

N/E
34 ALMONT STREET
PARCEL 10: 62-88

N/E
26 ALMONT STREET
PARCEL 1D: 62-87

PROPOSED
DECK

PROPOSED
| ADDITION

N/E
31 LOCUST STREET
PARCEL 1D: 62-72

N/E
21 LOCUST STREET
PARCEL 10: 62-74

PROPOSED
PARKING SPACES NY

ti
N
72.00

EXISTING PORTION OF DWELLING

af RweLLING | TO BE REMOVED.
Os mt”, #25 i
M eG
io

BIT. ORIVE

\

Aw PROPOSED

PARKING SPACES

LOCUST STREET

ZONING SETBACKS: RA GRAPHIC SCALE
FRONT YARD 15°
SIDE YARD 10’ 20 0) 10 20

REAR YARD 20°

RECORD _OWNER: "
JOANN BRENNAN
BOOK 58197 PAGE 74

: <a oF HAS: |
POT 954 AN FN OF PEAN 7551 iW SAS

20°

SCOTT M CFRR:

1 HEREBY CERTIFY THAT THIS PLAN IS BASED

ON AN ACTUAL INSTRUMENT SURVEY MADE ON THE
GROUND IN MARCH 2020 ANDO THE STRUCTURES
DEPICTED HEREON ARE LOCATED AS SHOWN.

43-20 Seotl TH Comabe

SIGNATURE

wey iit Vie WEI NINE

Professional Land = Sur
24 Pleasant View Drive ~ Exeter, NH 03833 — 7&

PLOT PLAN
25 LOCUST STREET
WINTHROP, MASSACHUSETTS
PARCEL 1D: 62-73

APRIL 3, 2020

on ver

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INDEX

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EXISTING
EXISTING
EXISTING
EXISTING
EXISTING

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. FRAMING
10. FRAMING

AND
AND
AND
AND
AND
AND
AND

PROPOSED
PROPOSED
PROPOSED
PROPOSED
PROPOSED
PROPOSED
PROPOSED

FOUNDATION AND DETAILS

11. CROSS SECTION DETAIL

LEGEND

[7] EXISTING WALL
GEM | NEW WALL CONSTRUCTION

BASEMENT PLAI
GROUND FLOOF
FIRST FLOOR F
SECOND AND A
FRONT AND RE
LEFT ELEVATION
RIGHT ELEVATIC

1 DEMOLITION WALL CONSTRUCTION

GD) HARDWIRED SMOKE DETECTOR

HARDWIRED CARBON/SMOKE DETEC
=

BATHROOM EXHAUST VENT

GENERAL NOTES:

1. THE CONTRACTOR OR OWNER IS RESPONSIBLE FOR OE
THIS PROJECT.
2. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WIT

o

ON

STATE BUILDING CODE (IRC 2015, 780 CMR 9TH EDITI
THE CONTRACTOR IS SOLELY RESPONSIBLE FOR MEANS
SAFETY FOR THIS PROJECT.

DIMENSIONS ARE NOT GUARANTEE, THE CONTRACTOR S
WORK.

THE CONTRACTOR SHALL WARRANTEE HIS WORK FOR 4
COMPLETION.

THE CONTRACTOR SHALL REPORT ANY DISCREPANCIES
TO T DESIGN IMMEDIATELY.

CONCRETE AND REBAR STRENGTH SHALL HAVE MINIMUI
BATHROOM WINDOW MUST BE TEMPERED GLASS

NEW WINDOW MUST HAS DOUBLE PANE AND U FACTOR

teil

22’-

3'-11"

Ff. oS

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EXISTING E

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30 YEARS, ARCHITECTURAL ASPHALT
SHINGLE OVER ICE
WATER SHIELD,

ON 4” PLYWOOD SHEATHING

ASJ 25-14"

3” SHEATHING
ON HOUSE WRAP—

3” GYPSUM BOARD
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R-30 BATT
INSULATION EXISTING GIRL

EXISTING LALLY COL

CROSS SECTION

USE AND DIMENSION CHART
25 Locust Street, Winthrop
District - Residential A

Allowed/

Existing Proposed Required Difference
USE 1 Family 2 Family 1 or 2 Family none
Lot Size 5234 sf 5234 sf 10000 sf -4766 sf
Lot Width 50 50 78 -25
Lot Frontage 50 50 75 -25
Front Yard 15 15 15 i)
Side Yard 8&7 8&7 10° 2' and 3'
Rear Yard 42' 42' 20' 22'
Height 34' 3" 34' 3" 35! none
Max Stories 2.5 2.5 2.5 none
Parking (¢) 4 4 none

Relief
None

Special Permit
None - Pre-Existing
None - Pre-Existing
None

Variance

None

None

None

Variance

Application No,_O 1 o
Date Filed:
Town of Winthrop
Zoning Board of Appeals

INITIAL APPLICATION FOR BED & BREAKFAST/TRANSIENT LODGING SPECIAL PERMIT
NOTICE TO APPLICANTS

Please note that the sections of this application pertaining to this petition must be filled out
COMPLETELY and all requirements of the rules and regulations of the Zoning Board of Appeals and of
the Zoning By-Laws Chapter 17.49 MUST be complied with, It shall be unlawful to conduct a Bed &
Breakfast use, without a Speclal Permit from the Zoning Board of Appeals. A Bed & Breakfast (B&B)
or Transient Lodging (TL) Is an accessory home occupation use within a private residence, providing no
more than four guest rooms for a B&B and two for a TL for overnight guests at a fee that may or may
not Include breakfast.

HIS APPLICATIOI BI LETENESS BY THE BUILD! MISSIONER
BEFORE THE APPLICATIO BE FILED HE TO ERK,

appress oF property: _!49_WMYEN GON AVE

Assessors Map No: 24 LotNo:__|

thereby request a hearing before the Winthrop Zoning Board of Appeals:
1, Applicant submitting thls application Is:
Name: _NAWAcer SLEIACS
Address: [US WAguenGton AVE
City/Town: WHENTURD?E MA 0Z\S2_
Telephone: _G\7-$7Z- SZ4S Email: ACES COMuEL. COM,
Owner: vA Lessee: Prospective Purchaser:
Emall Address:_ SEE APNE

2, The following person Is hereby designated to represent applicant in matters arising
hereunder:

Name:__ SEE ACCLECANT .

Address:

Telephone; Emall:

1|Page Initial B & B/TL Special Permit Application

RECEIVED
M6 OCT -3 P 23

3, The land for which this application Is submitted Is owned by:
Name:_NitmasteL BeyMtp 4 CASSEE ALCO
Address; SGE APATOW,

Telephone: Email:
Assessors Map No: 24 Lot No: \ Zoning District: CESSVENTSAL A
4, The land described In this application Is recorded In Suffolk County Registry of Deeds or Land

Court Section at;

Book:_ 69245 Page:_\75 or Instrument No:

S. Plans describing and defining the Special Permit are included herewith and made part hereof
and are entitled:

ELoo® CANS Q CLOT PLAN

6. Alocus map (Assessor Map # 24 ) with site marked for which permit Is requested
and the land uses of adjacent properties described shall be included and made a part hereof.

YES.
7. Is the site of this application subject to Wetlands Protection Act (M.G.t, c, 131 § or Chapter
130 § 105)? J

Yes No

8. Is the location of the site of this application within 100 feet of a coastal beach, salt marsh, or
land under the ocea v7]
Yes No

9, Describe the property for which this application Is being submitted, Including current use,
previous uses, dimensions of land, description of existing ‘bulldings, if any, and avallabllity of
utillties, sewer, water, etc,

AgscomNTSAL 2-tAMEeX, HS

Vai! | WRTeeEnser + ELEL + ORS

10.

Has this application to operate a Bed & Breakfast/Transiont Lodging been previously dented?
Yes No

If yes, please describe changes made to be eligible:

2)Page | tnitial 8 & B/TL Special Permit Application

14. Describe how the desired rellef may be granted in consideration of the criteria described in
Section 17,49 of the Winthrop Zoning By-Law.

To KSSSv WET WOME OWPERSUEY COSTS AND TO
ENCOURAGE Touessn, ITP WHT.

12, May the Speclal Permit be granted without nullifying or substantially derogating from the
intent or purpose of the Zoning By-Laws and may It be granted without substantial detriment
to the public good,

Yes.

13, tunderstand and am in compliance with the requirements of Chapter 17.49 as follows:

Please check off each requirement as confirmation of compliance,

kK IK KIRK KIKI IN IS KK IK AIK I,

3]Page

This dwelling is my primary residence,
{ shall always be on premises when services are belng provided.

No room shall be rented to any guest for more than fourteen consecutive days or no
more than forty-five days In a cumulative period,

Ishall maintain a guest register which Is subject to perlodic Inspection by any
municipal official of the Town of Winthrop.

The rentat area shall not exceed more than forty-five percent of the SF of my
residence.

Ihave provided a parking management plan and may not change it without a
modifleation of the Spectal Permit.

The initial term shall be two years and then must be re-applied for prior to the
exptratlon date, .

This Speclal Permit Is not transferrable without permission granted by the BOA,
Occupancy shall be limited to comply with law.

This Special Permit shall allow for breakfast to be served only to overnight guests,
No cooking or appliances shall be allowed In any rented rooms by guests.

There is at least one full bathroom, with a lockable door, Included a shower and/or
bath, dedicated for the use of guests.

{agree to provide constant visible signage attached to the dwelling with contact name
& phone number,

Any changes to the exterlor or addition to the residence shall require a modificatlon to
the Special Permit.

Initial B & B/TL Special Permit Application

xv lagree with the By-Laws and | am submitting the following Items:

*  Aplot plan prepared by a licensed surveyor showing all existing and
proposed structures, appurtenances and parking areas, all boundary,
property lines and easements,

* A floor plan drawn to scale showing the location of each guest room,
all egresses, locations of bathrooms and where breakfast Is served.

© Adetaited parking management plan identifying the location of off-

street parking on the lot and demonstrating: ‘enough parking for the
principal use, plus one additional parking space for each guest room
and any provision for tandem parking to meet. the required parking
standards,

* Avwritten statement from the Town’ "s Treasurer/Collector ‘stating that
afl municipal encumbrances are current.

NOTE: The law does not permit the Board of Appeals to grants a Special Permit unless all
requirements set forth In Massachusetts General Laws Chapter 40A § 9 are satisfled. Each one of the
above categorles must be answered in detall.

Date of denial of Building ermit request by Bullding Commissioner: 0/7/2020

Ajo ice) [g/20z0

_ of Applicant Date

Ora. Cre * 10/$/2020

a \, ee Date
‘i { of: Z0ZO

Signature of Des! Seinted Re} \ resentative Date

i IS API TIO!

Notice of Application to Board of Appeals mada herewlth, .

.
OM AVS A Ce Clerk

4|Page Initial B & B/TL Special Permit Application

om
7

we

og
WURS ya

\e"oe

WASHINGTON AVENUE

_ ASSESSORS:

Map 24 Lot 1
REFERENCES:

Pian in Book 1618 Pg 499.
Plan in Book 2528 Pg 558
Plan in Book 3726 Pg 625

ZONE

RO

SCALE: 1" = 20'

r++
4 7 & yo

PLAN OF LAND
IN

WINTHROP MA
PREPARED FOR

NATHANIEL BREVARD
Seale 1”= 20°
BARTRAM LAND SURVEY
2 Fruit Street Byfield MA 01922

145 Washington Parking Mgmt Pad
‘
B&B |

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ges
XN
: om
wT
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on arene
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Vv v
Se
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Floor Plans for 145 Washington Ave

oat
2-Family fi
mnt ez
BEDROOM
sera B&B Hh | og
oom \
ie ROOM BEDROOM ic,
erxisat
T
tS LA
— = PS
rr | KITCHEN =
= WII ~ KITCHEN
wank x et ATS
oe _ ave 169"
ae SOT
teem
Lik +
BEOROOM
49 TO DINING
FEET BEOROOM
BEDROOM Bor xgat
recat ig DINING
4 Epsteg
7 STORAGE/ Qj
ie UTILITY
UVING ivan aan 2-2 KITS
deer |
om UVING.
- Peete BEOROOM
3-SEASON PORCH
Bers
:

j cower Level (Unit 1
rinst rioon (Unit 1) seconp rtoor (Unit 2} tuiao oor (Unit 2) ( )

n

24

ZONING BOARD OF APPEALS

5B & B LICENSE PERMIT
INSPECTION REPORT
To: Buliding Inspector Beg & Breakfast/Transient License
Wire Inspector New ORenewal
Plumbing Inspector Date Filed:
Health Inspector
Fire Inspector Date Granted: Ocdpbey ] 2020)
Inspectors:

The Zoning Board of Appeals requests that you make an inspection at the premises at:

Business: Nate Brevard
Address: 145 Washington Ave., Winthrop, MA

And make a report of the same to this office on or before October 9 2020,

Thank you [n advance for your cooperation in this matter,

Zoning Board of Appeals
By: Joanne M, DeMato
Title: Clerk to the Board of Appeals

Inspector's Report

wa Approved Q Complies with local zoning

o Conditional: (Specify conditions)

a Disapproved: (State reasons) Inspector's Signature:
Name:

rite: (nnn ionar of “Lrcochura) Vico

Date: _—_tolaja

TOWN OF WINTHROP
OFFICE OF THE BUILDING COMMISSIONER

400 Kennedy Drive, Winthrop, MA 02152 Telephone: 617-846-134 L Fax: 617-539-1545

Email address: buildingdept@town.winthrop.ma.us

Dear Property Owner/Authorized Agent

You have requested that a Building Permit, Enforcement Action be issued / taken in
accordance with the appropriate provisions of the Town of Winthrop Zoning Ordinance, Chapter
17. It shall be unlawful to conduct a Bed & Breakfast/Translent Ladging accessory use without a
Speclal Permit granted by the Zoning Board of Appeals,

For the reason(s) outlined below your request for such permit / enforcement action is
respectfully DENIED.

You have the right to request the Issuance of a Special Permit to operate a Bed &
Breakfast/Transient Lodging facility from the Zoning Board of Appeats fy compliance with
Massachusetts General Laws, Chapter 40A,

Property Address: 145 Washington Ave
Person Requesting: Nate Brevard
REASON FOR DENIAL?

The applicant seeks a Special Permit to utilize his residence for the purpose of ranting ___
bedroom(s) and operating as a legal Bed & Breakfast/Transient Lodging Business, The permit
was denied In accordance to the Town of Winthrop Zoning By-Laws Chapter 17.49,020 requiring
a Special Permit from the Winthrop Board of Appeals.

Albert Legee

“Cammissioner of Inspectional Services
Dated: 10/7/2020

FISCAL YEAR 2021 PRELIMINARY REAL ESTATE TAX BILL

‘Your gtelizninaty tnx forthe fseal year begioning Joly 1, 2020 and ending

‘THECOMMONWEAI-TH OF MASSACHUSETTS
TOWN OF WwINTHNOF

ss 39,2024 an tha parcel of real esate dererBoed ees Glan: REMIT COPY raerapeheaey
BILL NUMBER 3815
PROPERTY IDENTIFICATION,
MapiParcet ‘Bit Date Billed — Exempt Due
m1 Book 41318 lovorn020 Tex 2,047.60 0.00
Page 10188
Hee pete  onitender no2020 Tas 2,047.60 2,047.60
Lovatiun 145 WASHINGTON AVE
(Preliminary 4095.20
NUL OSMAN FE
NATALIA MIL Interest dora 80/05/2020
145 WASHINGTON AVE [otal Tax 4,095.20
p
WINTHROP, MA 02152 Lrotal Due $2,047.60
Due Date 1702/2020}

099912021210000003415800002047L01102203

FISCAL YEAR 2021 PRELIMINARY REAL ESTATE TAX BILL

‘Grerde weaants acute erate
of 1 pac yeur wei pss steed

“THE COMMONWEALTH OF MASSACHUSETTS:

‘Your preliminary tax foe the Otews year beginning July 1, 2020 and ending, TOWN OF WINFHNOP
Je 30, 2021 at the pace fea extte exe lov i as fllowt: TAXPAYER COPY Seer eet
BILLNUMBRR 3815
TROPERTY IDENTIFICATION
MapPareed ‘Wi Date Billed = Exempt Due
41 Book ALLS [ov/0172020 Tax. 2,047.60 0.00
Pope WO1R8
ree ale oniterado7 oso Tax 2,047.60 2,047.60
Location — 148 WASHINGTON AVE
Preliminary 4095.20
NIL OSMAN F
NATALIA MIL, interest thre 40/05/2020
148 WASHINGTON AVE otal Tax 4,095.20
WINTHROP, MA 02152 "Totat Duc $2,047.60
Due Date 11/02/2020]

09901202121000000381580000204 74011028203

Office Hours
M & W Bim-4:30pm; Tu & Th 8ain-7pw; Closed Fridays

MAKE CHECKS PAYABLE TO
Town of Winthrop

SEND PAYMENTS TO
Collector of Taxes

1 Metenif Square
Winthrop MA 02152

‘Overdve eroneie cere lneret ata rate
of 1% pec acon payee terre

Town of Winthrop
Zoning Board of Appeals
Bed & Breakfast License Application

Propriator’s
Name: Nacwatcen QW, OZENAED

First, Middle Initial, Last Name
Proprietor’s Residential
Address: 'YS WaStenGTON AVE

‘Street Number and Address

WENTACOR Mb O2\SZ.

Giy/ Town, Sate end Zip Code
Telephone
Number: 617-872 S2HS

Homer Business:

Business
Name: (45 WKUCNGETON AVE BRS

Business Address: (U5 _WASHENGTON ANE WINTHROP. MA_02152

‘Street Number and Addross:

Therein certify under penalty of perjury that, to the best of my knowledge and bellef, Ehave
filed all state taxretums and have pald In full all state and local taxes, fees or other

assessments due an a aN
STGNED: ahha 4 GyeeG ut
TAX 1.0.#_026-73 4573 _ DATE: 10/3/2020

WARNING!

+ This Hoense will not be Issued unless the applicant slpns this certification,
Your Soefal Security number will be furnished to the Massachusetts Department of Revenue to
determine whether you have met tax fiting or tax payment obligations, Licenses who fall to
correct thelr non-filing or delinquency status will be subject to Hlconse suspension or revocation,

LICENSE GRANTED AND RELEASED:

DATE: IMPORTANT NOTICE:
THIS LICENSE EXPIRES

FEE: $100.00 2 YEARS FROM THE DATE
GRANTED,

DATE PAID: _—__—.

Date Submitted
Fee: $10

TOWN OF WINTHROP
REQUEST FOR ABUTTER’S LIST & LABELS

Please note; The Applicant is solely responsible for requesting the appropriate
abutters list required by the applicable Mass General Law. The Assessor’s Office
requires (wo business days to complete this request.

Property Owner Name Nammosrer Seewazo & CASE Netto

Owner Address AAS Was: nS AN \SZ.
Property Address 145 WHHSNGTON ANE UiNTUREe MAy 52157.

(The address should be the inclusive of all addresses of proposed development. Example — If you are
developing 1-10 Main Street ~ list every address not just 1 Main Street.)

Assessors Map/Parcel 24 [ \
Applicant Name Axsvanter,, SSSI AD
Applicant Address Sw WENTRROT ASZ

Applicant Phone Number 6N7-372-SZ24UR

Authority Requesting List: Conservation Common Vie/Liquor CD) Planning TSAC
Circle One

Circle List Requested : 500 ft. 300 A.

1 N Fa! acting as a custodian of assessment records do

hereby ceffify that Ye attached documents contain true and complete information from
the most recent tax lis of the Town of Winthrop, Massachusetts.

MGL 40A,Section 11,” In all cases where notice of a public hearing is required notice shall be given by
publication in a newspaper of general circulation in the city or town once in each of two successive weeks,
the first publication to be not less than fourteen days before the day of the hearing and by posting such
notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the
day of such hearing, In all cases where notice to individuals or specific boards or other agencies is required,
notice shall be sent by mail, postage prepaid. “Partics in interest” as used in this chapter shall mean the
petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to
the abutters within three hundred fect of the property line of the petitioner as they appear on the most recent
applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the
planning board of the city or town, and tho planning board of every abutting city or town. The assessors
maintaining any applicable tax list shall certify to the permit granting authority or special permit granting
authority the names and addresses of parties in interest and such certification shall be conclusive for all
purposes.”

Date Submitted
Fee: $10

MGL 131 Section 11. “Any person filing a notice of intention with a conservation commission shall at the
same time give written notification thereof, by delivery in hand or certified mail, return receipt requested,
to all abutters within one-hundred feet of the property linc of the land where the activity is proposed, at the
mailing addresses shown on the most recent applicable tax list of the in ing, but not limited
to, owners of and directly opposite said proposed activity on any public or private street or way, and in
another municipality or across a body of water, When @ otice of intent proposes activities on land under
water bodies and waterways or on a tract of land greater than 50 acres, wrilten notification shall be given to
all abutters within 100 feet of the proposed project site, For the purposes of this section, “project site” shall
mean lands where the following activities are proposed to take place: dredging, excavating, filling, grading,
the erection, reconstruction or expansion of a building or structure, the driving of pilings, the construction
or improvement of roads or other ways and the installation of dmit rage and water and
“land under water bodies and waterways” shall mean the bottom of, or land under, the surface of the ocean
or an estuary, creek, river stream, pond or lake. When a notice of intent proposes activity on a linear shaped
project site longer than 1,000 fect in length, notification shall be given to all abutters within 1,000 feet of
the proposed project site. If the linear project site takes place wholly within an easement through another
person’s land, notice shall also be given to the landowner. Said notification shall be at the applicant’s
expense and shail state where copies of the notice of intention may be examined and obtained and where
information regarding the date, time and place of the public hearing may be obtained, Proof of such
notification, with a copy of the notice mailed or delivered, shall be filed with the conservation
commission.”