Agenda packet

Board of Appeals · from the Town's website · released Dec 3, 2020 · 123 pages · 7.4 MB
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Agenda
BOARD_OF_APPEALS_12032020.PDF
Meeting Materials
018-2020_15_TOWNSEND_ST_M_CIMMINO.PDF
017-2020_131_HIGHLAND_AVE_TZORTIZIS.PDF
016-2020_D_CLUCAS_87_UNDINE_AVE.PDF
021-2020_39_GROVERS_AVE._N_RESTREPO.PDF
020-2020_9_WILLOW_TERRACE_N_FERRARA.PDF
019-2020_105_SAGAMORE_AVE._L_COHEN.PDF
1.
Documents:
2.
Documents:

RECEIVED
2028 NOY 13 P 12: 08

TOWN OF WINTHROP t
BOARD OF APPEALS ‘My
Town Hall, One Metcalf Square, Winthrop, Massachusetts 02152-3096
Telephone: (617) 846-1742 Ext. 3 Fax: (617) 539-0812
Joanne M. DeMato, Clerk
NOTICE OF BOARD OF APPEALS PUBLIC HEARING

You are invited to a Zoom webinar.
When: December 3, 2020 AT 07:00 PM Eastern Time (US and Canada)
Topic: Winthrop Board of Appeals Meeting
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Meeting ID: 885 8329 4584

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The listing of matters is those reasonably anticipated by the Chair 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
a Chairman opens hearing:
Old Business:
2s #011-2020 Michael Carney, 12-16 | 12-16 Revere St. Variance from Chapter Cont. to Dec, 3, 2020
Revere St Realty Trust 17.12.040 for mixed use.

Variance from 17.16.020 Heigh
variance, Variance chapter
17.20.060 Parking relief

minimum lot area to construct 2
family dwelling

3. #012-2020 Joseph Ciampa 38 Franklin St. Variance from Sect. 17.160020.J | Cont. to Dec. 3, 2020

4, #016-2020 Daniel Clucas 86 Undine St. Variance Chapter 17.16,020.J.1
Minim. Lot are requirement

5, #017-2020 George Tzortzis 131 Highland Ave. | Variance Chapter 17.16.130
Creation of 3 unit bldg..

Item No. Appl. # Applicant Address Appeal Voting
6 #018-2020 Michael Cimmino ISA&B Variance Chapter 17.16.020
Townsend St. Minim. Light size and setback
side yard
2. 4019-2020 David & Linda Cohen 105 Sagamore Variance Chapter 17.52,030 Use
Ave, as 3 family dwelling and
17.20.020.b VARIANCE
3. #020-2020 Nicole Ferrara 9 Willow Terrace Variance Chapter 17.16.0205
Minimum lot size
4. #021-2020 Nereida Restrepo 39 Grovers Ave. Variance Chapter 17.52.030 Use
as three family dwelling,
Chapter 17.20 Off-street parking
5. Approval of

minutes/Adjournment

Application No.

2828 NOV -q p I: 3 Date:

Town of Winthrop, Massachusetts
| fp), Zoning Board of Appeals
Chpfuidat on For Special Permit and Variances

RECEIVED 162020
20

HINT np
All parts of Hin MASS cation 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:_15 A _& B Townsend Street, WINTHROP ___
I hereby request a hearing before the Winthrop Board of Appeals:
1. Applicant Submitting this application is:

Name: Michael A Cimmino

Address: 320 Scantic Rd

City/Town: Hamden _, MASSACHUSETTS 01036

Telephone: _413,530.5757

2. 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

4.

9b.

10,

The land for which this application is submitted is owned by:
Michael Cimmino

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

Book: 28956 Page: 291

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

See Plans Attached, Plot Plan of Land, Interior Plan s

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 topographio 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

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

Each lot is separately identified on the deed and consists
of a total of 3200 square feet of land in the Residence A
(RA) zoning district. Currently there is a one-family
residence on one lot which will be razed and a new one-unit
building will be constructed in its place. The second lot is
vacant. It is proposed to construct a similar one family
home on the lot.

li.

a2,

13.

14,

15.

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

The appellant, for each lot, requests a variance from the
provisions of section 17.16.020, minimum lot size (3200 v.
5000) and a variance from the provision of section 17.16.020
minimum side yard setback

Describe the soil conditions, shapa 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 shape of the lots is unremarkable and topography of the
land is uneven and sandy.

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 removal and
construction of a new, safer, upgraded home to replace the
existing building, The homes in the surrounding neighborhood
are built on the same size lots, Bach of the subject lots has
ample parking.

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

The owner proposes to upgrade each lot with homes that are
similar in size and scope with surrounding homes. The
building will be in harmony with the surrounding neighborhood
style homes and number of units in each.

Describe 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 owner satisfies all of the conditions 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:_11/5/2020

I hereby certify that the foregoing information contained in this

appligation is true and complete.
a oe
fs} hathire of Applicants Date

“ 4

Date

Signature of Owner

ti -06-KOLO

Date

ALL _MUST SIGN THIS APPLICATION

mans af

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

Nov - 9 2020

By

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TOWNSEND STREET

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MARY RUANE

PROPERTY LOCATION:

LOT 4 & 5 TOWNSEND STREET

FFOLK COUNTY REGISTRY OF DEEDS

WINTHROP, MA

DATE: OCTOBER 13, 2020

SCALE: 1°=20"

{EER BOOK: 28996 PAGE, 291
PLAN GOOK: 4630 PAGE: 245 319 SHAKER ROAD EAST LONGMEAOOW, MA
NO: 4&5 (413) 525 4700

PAUL S. SMITH LAND SURVEYING

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PROPERTY LOCATION:

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OISiRyY OF DEEOS WINTHROP, MA
DATE: OCTOBER 13, 2020 SCALE: oO"
2 BOG? 38956 PAGE 291 PAUL S. SMITH LAND SURVEYING
PaGe. 245 349 SHAKER ROAD EAST LONGMEADOW, MA

(413) 525 4700

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OWHERS MARY RUANE

PROPERTY LOCATION:

LOT 4 TOWNSEND STREET

FOLK COUNTY REGISTRY GF QEEOS

WINTHROP, MA.

DATE: OCTOBER 13, 2020 ‘Scat
DEE BOOK: 2u25H | PAGE PAUL S. SMITH LAND SURVEYING
PLAN BOOK 1630) 319 SHAKER ROAD EAST LONGMEADOW, MA
LOE NO: 4 (413) 525 4700

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15 TOWNSEND ST

Location 15 TOWNSEND ST Mblu  3/43///
Acct ‘Owner RUANE MARY
PBN Assessment $351,200
Appraisal $351,200 PID 152
Bullding Count 1
Current Value
Appraloat
Valuation Your Improvements Lond Total
2020 $124,700 $226,500 $351,200
Assessment
Valuation Yoar tmprovomante Lond Totot

2020 $124,700 $226,600 $351,200
Owner of Record

Owner RUANE MARY Sale Price $220,000

Co-Owner Cartifieate

Address = 15 TOWNSEND ST Book& Page 28956/0291

WINTHROP, MA 02162 Salo Date 7/22/2002
instrument 00
Ownership History
Ownership Hlotory
Ownor Salo Price Cortificate Book & Page Instrument Salo Dato

RUANE MARY $220,000 289860201 00 0722202
ESCHE FAMILY REALTY TRUST st 14914. 346/0 4A 120091987

Bullding Information

Bullding 1: Section 1

Yoar Built: 1026
Living Area: 1134
Roplacamant Cost:

$191,817

Bullding Percent Good: 65
Replacoment Cost

Less Depreciation: $124,700
Building Attributes

Field
Siyle
i Model
j Grave:
| Stortos:
j Occupancy
“extetior Wat |
: Exterior ‘Wall 2
Roaft Structure:
Aloot Gover
Interlor Wall 1
Interior Walt 2
Interior Fir
Interior Fir2
Heal Fuel
Heal Typo:
AC Typo:
Total Bedrooms:
‘otal Bs:

Total Half Bath

: Total Xtea Fonts:

“Total Rooms:

Bath Style:

| Kitchoo Styte:

| Num Xitchons

§ Cnsin

| sats 103

Used 104

“site 105

"Usts 106

| Usttlé 107 7
Num Park
Fireplaces.
Ustid 108
Ustlid tor :
Usrtid 102

Usrtid 100

Wood Shingle

| 1 Bedroom
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Bulfding Photo

Description
Bungatow

Residential

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1 Story

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Drywall

Othor/Soltwood
Camot

Gas

Hot Water

None

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4 Rooms ae
Sorni:Mod Description
Sern Mos Jers | First Floor
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Porch, Enclosed
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WOK Deck
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4,134 |

Extra Features

Extra Fantures: bagend
Coda Doscription ‘Sizo Valuo Bidg@

SLA SOLAR 0.00 UNITS 1
Land

Land Use Land Line Valuation:

Uae Code 1010 ‘Size (Acres) 0.07

Ooscription SINGLE FAM RES Frontage oy

Zone Depth 0

Nolghborhood RE Assessed Value $226,500

AltLand Appr No Appraleed Vatuo $226,500

Category
Outbultdinge

‘Outbuildings Legend
No Data for Outbuildings
Valuation History ,
Appraleat
Volwatlon Yoor Improvemente Land Total

2020 $124,700 $220,500 $951,200
2019 $124,700 $208,700 $033,400
2018 $123,600 $306,300

Assessment
Valuation Year Improvemente Land Total

2020 $124,700 $226,500 $981,200
2018 $124,700 $208,700 $393,400
2018 $123,600 $182,700 $308,300

{¢) 2020 Vislon Government Solutions, Inc, All rights reserved.

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28956 86291

QUITCLAIM DEED

We, LINDA SCOTT ESCHS aad SHFFREY SCOTT ESCHE, Trosters of ESCHE 526

PAMILY REALTY TRUST, wel dated Docesshes 4, 1987 ond recorded at SulTotk
fRaghsry of Deeds a Book 14314, Page 42 of Wlatkrop, Saffolk County, Massachesets

For eoralteration paid of TWO HUNORED TWENTY THOUSAND and 00100
($220,000.00) DOLLARS

‘Gmmi to MARY RUANE, of 21 Growers Surcet, Wisthrop, Suffoik County,
‘Mossactunetts
AWITEL QUITCLAIM COVEHANTS a

SEB EXHIBIT A DESCRIPTION ATTACHED HERETO
For tite sce deed reconted wvith the Suffbts Registry of Deeds lo Book 1431

4
i>

COMMONWEALTH OF MASSACHUSTTS ) S
dp Softetk, DATED: July2%_, 2002

MICHAEL CIMMINO

PROPOSED CONSTRUCTION
OF TWO SINGLE FAMILY
ADJACENT HOMES ON

15 TOWNSEND STREET

The owner purchased two residential lots, one of which contains a single family dwelling with a
vacant lots to the west. The owner proposes to raze the existing home and replace it with a
single family home. He also proposes to construct a single family home on the vacant lot.

The minimum number of square feet required per lot is 5000. Each lot contains 3200 square
feet. Therefore:

For each of the two lots, the owner requires (1) a variance from the provisions of section
17.16.020, minimum lot size, and (2) a variance from the provisions of section 17.16.020,
minimum sideyard setback in the amount of 5 feet.

RECEIVED
2020 NOV -4 p I: 4 a No. P/l7 L020

AN CL ER K Town of Winthrop, Massachusetts
YINTHROP, MAS Zoning Board of Appeals
" ““Kpplication 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: 131 Highland Avenue, WINTHROP
I hereby request a hearing before the Winthrop Board of Appeals:
1. Applicant Submitting this application is:

Name: George Tzortzis

Address: 131 Highland Avenue

City/Town: WINTHROP, MASSACHUSETTS 02152

Telephone: 978-836-6522

2. Applicant is:

Owner: xX 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

4.

9b.

Lo.

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

George Tzortzis

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

Book: 40460 Page: 23

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

See Plans Attached. Plot Plan of Land, Interior Plan s

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, etc,

The lot consists of a total of 5087 square feet of land in
the Residence A (RA) zoning district. Currently there is a 3
unit residence on the lot. The interior layout shows three
existing separate dwelling units with kitchens and
facilities in each. The let is serviced by working sewer,
water, and power utilities. There are 7 existing and
proposed off-street parking spaces at the site.

il.

12.

13.

14.

15.

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

The appellant requests a variance from the table of uses in
order to utilize the third residential dwelling unit.
§17.16.130

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 shape and topography of the land is uneven irregularly
shaped. The grade rises toward the south side of the building
and property

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 utilization of
the third unit. There are a number of two and three unit
dwellings on Highland Avenue in the area of the site.
Immediately adjacent to the site is the Highland House
Condominium, a three-unit condo with less parking than that
proposed on this site.

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

The owner does not proposed to add an additional building but
seeks to update the current interior space within the existing
footprint. The use and the building will be in harmony with
the surrounding neighborhood style homes and number of units
in each.

Describe how the variance desired may be granted without
nullifying ox 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 owner satisfies all of the conditions 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: _11/5/2020

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

OR fife

Signatuzxe of Applicants Date
Signature of Owner Date
Signature of Designated Date
Representative

ALL ST SIGN THIS APPLICATION

RECEIPT

Received from above applicant, the sum TE apply against

administrative, and mailing costs.

NOV -9 2020 a /,
Date: By: "y

Onde WckaSy |

GLORAL ASSOCIATES

Registered Land Surveyor Registered Professional Engineer
9 Broadway Wakefield, MA01880 : 781-246-9345 Fax: 781-246-4333

~ 3850 cee | :

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HIGHLAND AVE

PROPOSED 12° CURB CUT

PROP. DRIVE

P-PARKING 9° X 16° (TYP.7)
EXISTING STAIRS TO BE REMOVED

Plot Plan
in

WINTHROP, MA,

Owner
GEORGE TZORTZIS

Scale 1” = 20' Date 10-28-20

Signacure:

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FALSO, SOLAAL
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WINTHROD, HA O21B
10171646-3433

, a Bk: 40460 Pg: 23

ak: 40480 Pg: 2 B00: DE

D
QUITCLAIM DEED Paper tat 2007202008 02:60 PM

We, Vincent Parziale and Philomena Parziale, husband and wife, tenants by the
entirety, of 131-133 Highland Avenue, Winthrop, MA 02152, for consideration pald
and In full consideration of five hundred and ten thousand ($54 0,000) dollars, grant
to George J. Tzortzis, of 3 Hoover Avenue, Peabody, MA,

with quitclaim covenants

a certain parcel of land, with the buildings thereon, situated In Winthrop, Suffolk
County, Massachusetts, comprising portions of Lots 4 and 5 in Block "M” on a
Plan entitled, "Plan of Lands belonging to the Winthrop Shore Land Company,
Winthrop, Mass, January 1, 1903”, recorded with Suffolk Deeds, Book 3122, Page
113, bounded and described as follows:- .

Beginning at a point on the Easterly side of Hightand Avenue, fifty-two (52)
feet South of the intersection of the Easterly line of Hightand Avenue and the
Southerly {ine of Grovers Avenue:

Thence running In a southwesterly direction along the Easterly line of
Highland Avenue, fifty-five (65) feet;

Thence in a Southeasterly direction, ninety-seven and 61/100 (97.61) feet
to a point on the rear division line of lots 4 and 6 on said plan.

Thence in a Northwesterly diraction nineteen and 3/400 (19.03) feet to a
point where the division line of tots 4 and 5 on sald plan intersects the division line
of lots 6 and 6 on sald plan, and also Intersects the rear division line between sald *

tots 4 and 6;

Thence Northeasterly thirty-eight and 6/10 (38.5) feet along the division line
between lots 6 and 6 on said plan.

Thence Northwesterly ninety-five and 24/100 (95.24) feet.to the point of
beginning on Highland Avenue. Containing five thousand elyhty-seven (087)
square feet, more or tess.

For Grantors' tite, see deed dated February 8, 1968, and recorded with
Suffolk Registry of Deeds, at Book 8188, Page 191.

Attested hereto f apr
. ule 8 ” 1
on. Koseke Date: 08 4 j
cis M. Roache Ctrl 088469 08400 Doo# 00119808

Register of Deeds Foe: $2,928,00 Cons 4510,000.00

it ' 4 Bk: 40460 Pg: 24

Witness our hands and seals this seat" day of Stoplem’4 , 2008,
CPD arte PR
[wi A4AL,
Vincent Parziale . Philomena Parziala

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS Sttawaer- 28 — , 2008

Swom to and subscribed before me by Vincent Parziala and Philomena
Parziale, who proved to me through satisfactory evidence of identification to be the
persons whose names are signed on the above document and acknowledged to

me that they signed it voluntarily for its stated purpase this 23 day of SéAznte—
2008. ( } ) Ox

Notary Public
monwealth of Massachusetts
oe:
COMMISSIONED NAME OF NQTARY PUBLIC
My Commission expires: 3/9/08

Vincent Parzlale: 1.D.__MA- DvGas Lick-sé
¢

QD Mh oem uct
Philomena Paraiale: |.D, CBkibe. wnt (Bin te

GEORGE TZORTZIS

131 HIGHLAND AVENUE
PROPOSED CONVERSION
TO THREE UNIT BUILDING

The owner proposes to convert the legally existing two family home to a three unit dwelling.
The Use proposed is not allowed in the RA zoning district. The plan submitted shows seven (7_
off-street parking spaces on the lot which complies with the parking requirement of a minimum
of two spaces per unit.

The maximum number of dwelling units in the RA district is Two according to the Table of
Uses, section 17.16.130. Therefore:

The owner requires a Variance from the provisions of Section 17. 16. 130 to allow for the
creation or maintenance of a three-unit building.

Application No. _ 4 Ole — L60

”

\ iled: 11/19/20
RECEIVED inilaain oy 122020
ais NOV 12 P 3 Ub Town of Winthrop
ir) ERK Zoning Board of Appeals
i 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

ADDRESS OF PROPERTY: __86 Undine Ave

Thereby request a hearing before the Winthrop Board of Appeals.

1. Applicant submitting this application is:

Nese: Daniel Clucas

Address: 87 Undine Ave

City/Town: Winthrop, MA

Telephone: 417-548-7716

~Page 1 of 5-

2. Applicant is:

Owner x Lessee Prospective Purchaser

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

Name: John Lloyd

Address: 466 Pleasant Street, Winthrop MA 02152

Telephone: 617-899-0551

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

Name: Daniel Clucas

Address: 87 Undine Ave Winthrop, MA 02152
617-548-7716

Telephone:

5. The land described in this application is recorded in Suffolk
County Registry of Deeds at:
63541 297 00

Book Page __ or Instrument No.

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

Proposed construction of a new single
family structure.

~Page 2 of 5-

9(a)

9b)

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 inclusion: ( X)

Is the site of this application Subject to Wetlands Protection Act
(M.GLL. c. 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 land under the ocean?

Yes No Xx

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.

See Attatched

~Page 3 of §-

11.

12.

13.

14,

15,

What is the EXACT nature of the appeal or variance requested in
this application?
SEE ATTACHED

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.

SEE ATTACHED

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

SEEATTACHED

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

SEEATTACHED

Describe how the variance desired may be granted without
nullifying or substantially derogating from the intent of the Zoning
Ordinances,

SEEATTACHED

~Page 4 of 5.

Page 3,4, & 5 of BOA Application

10.) The property is approximately 40' wide x 102' deep (4050 sq. ft.) The main structure is a single

family dwelling (675 sq. ft.) with an existing accessory building (shed 20 sq. ft.) at the rear right
side of the property, with an asphalt driveway on the left side leading to Undine Ave.

11.) The applicant seeks a building permit to construct a 48 x 20 (2,185 sq. ft.) two and one- half story
single family structure. The structure proposed is to be constructed on a lot with an existing structure,
The lot with consists of 4050 sq. ft.

According to the proposed building plan, parking for the proposed structure will be on site, sufficient,
and not require relief. The owner and architect states in their application the home is in disrepair and the
foundation is failing.

The permit was denied in accordance to the Town of Winthrop Zoning By-Laws Chapter 17,.16.020]. 1.
General Regulations,

1. Noncompliance of proposed structure with respect to minimum lot area requirement of 5000 sq. ft.
2. Noncompliance of frontage.

12.) The property is a rectangular lot. The left side of the property is an asphalt driveway approximately
10 feet wide. The lot is relatively flat, starting at grade in the front and sloping downward towards the
back. The front and back yard consists of seeded grass. The grading is negative adjacent to the foundation
at front, and neutral at sides resulting in moisture infiltration into lower levels of the home.

13. The Current structure is not structurally sound and borders on being habitable. The home does not sit
on a proper frost-wall foundation, but is constructed on a post/beam type structure, and enclosed around
perimeter with plywood and will not support any further weight, nor can it be guaranteed to be free from
settlement. The owner is seeking to improve his property and quality of life with a larger home for his
future family.

14. The desired structure would be nonconforming to the zoning ordinance. The proposed structure
would not cause substantial detriment to the public good.

15. The desired variance would allow for improvement of the property in a manner which is reasonable,
customary and consistent with other properties in the area.

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: | / lO ES

ay

het oonk lili ac

Signature of Applicant Date

hati ~3 pili 120

Signature of Owner Date

Signature of Designated Representative Date
ALL MUST SIGN THIS APPLICATION

Received from the above Applicant the sum of $ 3 75, 7 to
apply against administrative and mailing costs.

by. Chae batt b NOV 12 2020

Date

Notice of Application to Board of Appeals made herewith.

Town Clerk

-Page 5 of 5-

LZ680d INOS

NEW ENGLAND LAND survey MORTGAGE __ INSPECTION PLAN
Professional Land Surveyors NAME DANIEL CLUCAS
710 MAIN STREET
N.Oxford, MA 01537 LOCATION _86_UNDINE AVENUE
PHONE: (508) 987-0025 WINTHROP, MA
FAX: (508) 234~—7723 SCALE "230! DATE 07/15/20
REGISTRY SUFFOLK

CERTIFY TO: NEW FED MORTGAGE

GEORGE
EDWARD
SMITH UL

EMER IN COMPLIANCE WITH LOCAL ZONING FOR PROPERTY LINE OFFSET
REQUIREMENTS, OR |S EXEMPT FROM MOLATION ENFORCEMENT ACTION

WE CERTIFY THAT THE BUILDING!
FLOOD HAZARD AREA. SEE FIRM:

25025C0101 om: 03/16/2016

DEED REFERENCE: 20968/285

PLAN REFERENCE: 1632/END

(S) ARE NOT WITHIN THE SPECIAL

UNDER MASS. G.L. TITLE Vil. CHAP, AOA, SEC, 7, UNLESS OTHERWISE
NOTED, THIS CERTIFICATION IS NON--TRANSFERABLE. THE ABOVE

og

P/O LOT 86

REQUESTED BY: NADINE P, CALLA YQ 15° 30" 45° 60°
DRAWN BY: DEM

FIELD BY: FW
CHECKED BY: GES
FILE: 20MIPOB971

FLOOD HAZARD ZONE HAS BEEN DI
NOT NECESSARILY ACCURATE. UNTI
BY HUD AND/OR A

ETERMINED BY SCALE AND 1S

IL_DEFINSIVE PLANS ARE ISSUED
VERTICAL CONTROL SURVEY IS PERFORMED,
PRECISE ELEVATIONS CANNOT BE DETERMINED,

BORTE

dVIN SNINOZ dOYNHLNIM JO NMOL WONS

pSAY ANIGNN 98 s

LOMLSIC
| Vv SONSGISSH

MOPTUVA WAL, oS

dvw Sevez (L

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‘SAV ANIGNN 98

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av SsAa204 (3

TOWN OF WINTHROP
OFFICE OF THE BUILDING COMMISSIONER

100 Kennedy Drive, Winthrop, MA 02152 Telephone: 617-846-1341 Pax: 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: 86 Undine Ave.

Person Requesting: Daniel Clucas.

REASON FOR DENIAL:

The applicant seeks a permit to construct a 48 x 20 (2,185 sq. Ft.) two- and one-half story
Single family structure, The structure is proposed to be constructed on a lot with an
existing structure, The lot with consists of 4050 sq. Feet

According to the proposed building plan, parking for the proposed structure will be on
site, sufficient and not require relief. The owner and architect states in their application
the home is in dis repair and the foundation is failing.

The permit was denied in accordance to the Town of Winthrop Zoning By-Laws Chapter
17.16.020J. 1. General Regulations.

1, Noncompliance of proposed structure with respect to minimum Lot area requirement
of 5000 sq. ft.

2. Noncompliance of frontage.

A a

Albert Legee CBO
Commissioner
November 10, 2020

The Commonwealth of Massachusetts
FOR

S
al Board of Building Regulations and Standards
wy Massachusetts State Building Code, 780 CMR Ney

Building Permit Application To Construct, Repair, Renovate Or Demolish a Revised Mar 2011
One- or Two-Family Dwelling

This Section For Official Use Only

Building Permit Number: Date Applied: 11/10/20

Building Official (Print Name) Signature Date
SECTION 1: SITE INFORMATION
1.1 Property Address: 1.2 Assessors Map & Parcel Numbers
86 UNDINE AVENUE
I. 1a Is this an accepted street? yes X no Map Number Parcel Number
13 Zoning Information: 14 Property Dimensions:
RA SINGLE FAM RESIDENCE 4.050 S.F, 40,0 FT
Zoning District Proposed Use Lot Area (sq ft) Frontage (ft)
1.5 Building Setbacks (ft)
Front Yard Side Yards Rear Yard
Required Provided Required Provided Required Provided
15 15 10 10 20 37
1.6 Water Supply: (M.G.L c. 40, §54) | 1.7 Flood Zone Information: 1.8 Sewage Disposal System:
Uy, + side F! ”
Public X Private O Ory ae San Municipal On site disposal system O

SECTION 2: PROPERTY OWNERSHIP!

2.1 Owner' of Record:

DANIEL CLUCAS WINTHROP MA 02152
Name (Print) City, State, ZIP
87 UNDINE AVENUE 617-548-7716 DANIELCLUCAS |(@GMAIL.COM
No. and Street Telephone Email Address

SECTION 3: DESCRIPTION OF PROPOSED WORK? (check all that apply)

New Construction X_| Existing Building O | Owner-Occupied O Repairs(s) O |} Alteration(s) O Addition O

Number of

Demolition O | Accessory Bldg. O Units |

Other © Specify:

Brief Description of Proposed Work?: DEMO EXISTING SINGLE STORY 675 S.F. HOME THAT IS IN DIS-
REPAIR AND CONSTRUCT A NEW SINGL FAMILY, 2 % STORY RESIDENCE THAT COMPLIES WITH
ALL DIMENSIONAL REGULATIONS EXCEPT MIN, LOT SIZE & FRONTAGE.

SECTION 4: ESTIMATED CONSTRUCTION COSTS

Estimated Costs:

Ttom (Labor and Materials) Official Use Only

1. Building $ 1. Building Permit Fee: $ Indicate how fee is determined:

2. Electrical O Standard City/Town Application Fee

: O Total Project Cost’ (Item 6) x multiplier x
3. Plumbing

2. Other Fees: $
4, Mechanical (HVAC)

List:
5. Mechanical (Fire
Suppression)

Flinlwln

Total All Fees: $

' Check No. Check Amount: Cash Amount:
6. Total Project Cost; | $ NOT AVAIL O Paid in Full O Outstanding Balance Due:

SECTION 5: CONSTRUCTION SERVICES

5.1 Construction Supervisor License (CSL)

JOHN LLOYD CS-107549 7/14/2021
License Number Expiration Date
Name of CSL Holder .
List CSL Type (see below) _
No. and Street 650 OCEAN AVE UNIT 707 Type Description
U Unrestricted (Buildings up to 35,000 cu. ft.)

- R Restricted 1&2 Family Dwelling
City/Town, State, ZIP

M as
REVERE MA 02151 Masonry

RC Roofing Covering

WS Window and Siding

[removed] [removed] SF Solid Fuel Burning Appliances
telephone Email address 1 Insulation
D Demolition

5.2. Registered Home Improvement Contractor (HIC)

SAME AS ABOVE

HIC Registration Number Expiration Date
HIC Company Name or HIC Registrant Name

No. and Street Email address

City/Town, State, ZIP Telephone

SECTION 6: WORKERS’ COMPENSATION INSURANCE AFFIDAVIT (M.G.L. c. 152. § 25C(6))

Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide
this affidavit will result in the denial of the Issuance of the building permit.

Signed Affidavit Attached? Yes wee ii) NO wee xX

SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN
OWNER’S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT

I, as Owner of the subject property, hereby authorize _
to act on my behalf, in all matters relative to work authorized by this building permit application.

Print Owner’s Name (Electronic Signature) Date

SECTION 7b: OWNER' OR AUTHORIZED AGENT DECLARATION

By entering my name below, I hereby attest under the pains and penalties of perjury that all of the information
contained in this application is true and accurate to the best of my knowledge and understanding.

DANIEL CLUCAS 11/10/2020
Print Owner’s or Authorized Agent’s Name (Electronic Signature) Date

NOTES:

1. An Owner who obtains a building permit to do his/her own work, or an owner who hires an unregistered contractor
(not registered in the Home Improvement Contractor (HIC) Program), will not have access to the arbitration
program or guaranty fund under M.G.L. c. 142A. Other important information on the HIC Program can be found at
Www.mass.gov/oca Information on the Construction Supervisor License can be found at Www.inass.gov/dps

2. When substantial work is planned, provide the information below:

Total floor area (sq. ft.) 2185____ (including garage, finished basement/attics, decks or porch)

Gross living area (sq. ft.) ___2185 Habitable room count 6

Number of fireplaces__0 Number of bedrooms 3

Number of bathrooms 2 Number of half/baths 1

Type of heating system | Number of decks/ porches |

Type of cooling system ! Enclosed Open 1
3

“Total Project Square Footage” may be substituted for “Total Project Cost”

F,
#4
r
1

i

aber Gh

Bk: 63541 Pg: 297

Suffolk County Registry of Deeds

Electronically Recorded Document

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

Recording Information

Document Number : 66200
Document Type :DED

Recorded Date : August 11, 2020
Recorded Time : 10:40:13 AM
Recorded Book and Page : 63541 / 297
Number of Pages(including cover sheet) 3

Receipt Number : 838235
Recording Fee (including excise) ‘$1,463.72

FEI IO IGG I IGOR IO EIT IOI TO SIO TOTO ITAA IK.
MASSACHUSETTS EXCISE TAX

Suffolk County District ROD # 001
Date: 08/11/2020 10:40 AM

Ctrl# 202129 09005 Doc# 00066200
Fee: $1,308.72 Cons: $287,000.00

FRI IIK OCI IOI IO IOI IR IIH

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

Property Address: 86 Undine Avenue, Winthrop, MA

Bk: 63541 Pg: 298

UITCLAIM DEED

I, Esther J. Mastrangelo, an unmarried individual, (“Grantor”) of Winthrop, Massachusetts,
for consideration paid and in full consideration of Two Hundred Eighty-Seven Thousand

and 00/100 Dollars ($287,000.00), grant to DanielyClucas, of 86 Undine Avenue,
Winthrop, Massachusetts 4p Individ valt

with quitclaim covenants
A certain parcel of land, with the buildings thereon, being shown as a part of Lot 86 ona
plan entitled “Map of Point Shirley, Boston Harbor, Winthrop, Massachusetts as
subdivided into Seashore Cottage Lots” by Samuel E.-Hale, Witman and Breck, Surveyors,
and recorded with Suffolk Deeds at the end of Book 1632 and bounded as follows:
SOUTHWESTERLY: by Undine Avenue, 40 feet;
NORTHWESTERLY: by the remaining part of Lot 86, about 100 feet;
NORTHEASTERLY: by Lot 98, on said plan, 40.06 feet; and
SOUTHEASTERLY: by Lot 85, on said plan, 102.5 feet.

Be any and all of the aforesaid measurements more or less or however otherwise the
aforesaid premises may be bounded and described.

Being the same premises conveyed to the Grantor by deed dated October 31, 1996 and
recorded with said Deeds in Book 20968, Page 285,

Grantor hereby waives any and all rights of Homestead in the property herein conveyed
and warrants under the pains and penalties of perjury that there are no other persons entitled
to any Homestead rights in the property pursuant to M.G.L, c. 188.

Bk: 63541 Pg: 299

)
WITNESS my hand and seal this Qe” _ day tel 2020,

(stl | Matteo

Esther J. Mastrangelo

COMMONWEALTH OF MASSACHUSETTS

Middlesex, ss. Nv) ay , 2020

a
On this x ° day of Ao ly , 2020, before me, the undersigned Notary
Public, personally appeared Esther J. Mastrangelo, proved to me through satisfactory
evidence of identification, which was\\A\ Nenad. LS Cone , , to be the person/persons
whose name(s) is/are signed on the préceding or attached document, and acknowledged
to me that he/she/they signed it voluntarily for its stated purpose and who swore or
affirmed to me that the contents of the document are truthful and accurate to the best of

his/her/their knowledge and belief.

Notary Pub e) Expires: S” | Iv a0 KY

My Commiss#

RSL
RY. iy,

oe ori A,

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: 86 Undine Ave.

Person Requesting: Daniel Clucas.

REASON FOR DENIAL:

The applicant seeks a permit to construct a 48 x 20 (2,185 sq. Ft.) two~ and one-half story
single family structure. The structure is proposed to be constructed on a lot with an
existing structure, The lot with consists of 4050 sq. Feet

According to the proposed building plan, parking for the proposed structure will be on
site, sufficient and not require relief. ‘The owner and architect States in their application
the home is in dis repair and the foundation is failing.

The permit was denied in accordance to the Town of Winthrop Zoning By-Laws Chapter
17,16.020J, 1. General Regulations.

1, Noncompliance of proposed structure with respect to minimum Lot area requirement
of 5000 sq. ft.

2. Noncompliance of frontage.

A
Albert Legee CBO
Commissioner

November 10, 2020

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J.P.L. CONSULTING

"ARCHITECTURAL PLANKING AND DESIGN
650 OCEAN AVENUE, SUITE 707, REVERE MA 02151

tok: (617) 899-0551

dote: 13/8/20

BB UNDINE AVENUE
WINTHROP MASSACHUSETTS

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"ARCHITECTURAL PLANNIKG AND DESIGN

J.P.L. CONSULTING
280 OCEAN AVENUE, SUTE 707, REVERE MA 02151

tel: (B17) 899-0551

date: 11/9/20

86 UNDINE AVENUE
WINTHROP MASSACHUSETTS
scale: AS NOTED

TURD FLOOR

PROPOSED SINGLE FAMILY

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long no:

RECEIVED
$ ication No. Q is 2D20
28 NOV-9_ P 3S aouilieanion. x /

Ua) (° “RK

WN CLERK Town of Winthrop, Massachusetts

' MASS. 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: 39 Grovers Avenue, WINTHROP
I hereby request a hearing before the Winthrop Board of Appeals:

BEG Applicant Submitting this application is:

Name: Ms Nereida Restrepo
Address: 39 Grovers Avenue

City/Town: WINTHROP MASSACHUSETTS 02152

WINTRROE , iho oe ae ee

Telephone: 857-333-1696

2. 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

4.

9b.

10.

The land for which this application is gubmitted is owned by:

Nereida Restrepo

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

Book: 601895 Page: 252

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

See Plans Attached. Plot Plan of Land, Interior Plan s

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

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

Yes

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

The lot consists of a total of 8,121 square feet of land in
the Residence A (RA) zoning district. Currently there is a
ranch style residence on the lot. The interior layout shows
three existing separate dwelling units with kitchens and
facilities in each. The lot is serviced by working sewer,
water, and power utilities.

il.

12.

13.

14.

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

The appellant requests a variance from the table of uses in
order to complete and utilize the third residential dwelling
unit. Additionally, she requests a variance from the minimum
off-street parking requirement set out in the zoning code.

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 shape and topography of the land is uneven irregularly
shaped in a modified trapezoid shape which restricts access to
additional rear parking.

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 continued
utilization of the third unit, currently occupied by the
owner's mother. Such unit is one of two units on the lower
level of the home.

Parking currently accommodates four cars in two driveways.
There is sufficient off-street parking on Grovers Avenue, Such
parking requires Resident Parking Stickers.

Desoribe 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
seeks to update the current interior space within the existing
footprint.

Adjacent to the locus, on the south side, is a three unit
pbuilding. Adjacent to the locus, on the north side, is a
three unit condominium building. Across the street from the
home ig the former Dalrymple School that is now utilized as a
restricted residential complex. That building has a large
parking lot for staff and residents.

15. Describe 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 conditions
precedent to the issuance of a variance pursuant to the Zoning
Ordinance of the Town of Winthrop.

pate of DENIAL, signed by the Building Inspector: 11/5/2020

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

Niles. /lacbeeps Mil ta ZO

Signature of Applica Date

P yes

Jb hej

: Signature of Owner Date

:

2 fp GF ROPO
Pgnatue of Designated Date
Representative

ALL MUST SIGN THIS APPLICATION

RECEIPT

Received from above applicant, the sum on 937 to apply against
administrative, and mailing costs.

NOV ~ 9 2020 eannetrdietiats
Onde

Date:

2897SURV

ZONING TABLE
RES A~ 2 FAMILY REQUIRED EXISTING PROPOSED
LOT SZE 10,000 $0. FT. game SO. FT. aime so FX
FRONTAGE 100.00" muss Erte
“MINIMUM FRONT SETBACK Era 18s" 12S
MINMUM SIDE SETBACK 0 sg" Ea
Minne REAR SETBACK Bo rao 12.0
MAXIMUM STORIES 25 STY 2s7r 2st
FIRST FLOOR ELEV. = 109.2 108.2
PEAK = 124.0, 1240
MAXIMUM COVERAGE = 2a4% 2
OUNER OF RECORD

NEREIOA RESTREPO
DEED BOOK 61945 PAGE 330 SRO.

ZONING DISTRICT

TAX MAP 63 PARCEL 7?
RES~A

PLAN REFERENCES

PLAN 26 OF 2009

ENO OF BOOK 1836

DEED BOOOK 6217 PC!

DEED BOOK 40352 PC 43

PLAN NO 203 OF THE METROPOUMAN PARK COMMISSION. (SHEET 5)

1 HEREBY CERTFY THAT DAS PUN 1S BASED ON AN ACTUAL AED
SURVEY.

MES ALY PLS BATE

PLAN OF LAND

39 GROVERS AVENUE
WINTHROP, MA
SCALE 17=20° OCTOBER 27, 2020
PREPARED BY

VINEYARD ENGINEERING
& ENVIRONMENTAL SERVICES INC.
LAND SURVEY, CIVIL ENGINEERING
NVIRORVEN TAL SERVICES

319 MAIN STREET, UNIT 2R
STONEHAM, MA 02180
TEL, 761-$72~3272 FAX, 781-572-3135
Vineyordeng.com

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WITNESS my hand and seal this 15" day of October 2019.

A Pep

Ne
Estate of Charles Anthony Radi
COMMONWEALTH OF MASSACHUSETTS.

ESSEX, ss:

On this 15* day of October 2019, vofore me, the underalgned notary public, personally
appeared Nereida Restrepo, proved to mo through selisfactory evidence of Identification, which
wis 0 piMiassachusetts Driver's License or { <= tobe
The aces wove panies signed on the proceding or alached document, and acknowledged o
me that she signed it voluntarily for its stated purpose in her capacity os Personal Representative
of the Estate of Charles Anthony Radl.

pt
‘May 23, 2028

Snes, |
Gee.

doe weuD Pgt DE

‘This conveyance is mads without performing a ttle examination on

acknowledges and gecepts the Proporty wills the existing
County, in ey Sn on re

<SIGNATURB PAGB TO FOLLOW>

the Feope Ao ithe an

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39-39A GROVERS AVE

Location 39-39A GROVERS AVE Mblu 63/71///
Acct# Owner RESTREPO NEREIDA,
| PETRILLO LOUIS TRUSTEE
PBN Assessment $751,400
Appraisal $751,400 PID 7328
Building Count 1
: Current Vatue
Appraisal
: Valuation Year Improvements Land Total
2020 $307,600 $443,800 $761,400
Assessment
Valuation Year Improvements Land Total
2020 $307,600 $443,800 $751, 400 |
Owner of Record
Owner RESTREPO NEREIDA, PETRILLO LOUIS TRUSTEE Sale Price $1
Co-Owner LOUISE PETRILLO TRUST Certificate
Address 39-39A GROVERS AVE Book & Page 61945/0330
WINTHROP, MA 02152 Sale Date —-10/24/2019
instrument 1A
Ownership History
Ownership History
Owner Safle Price Cortiticate Book & Page instrumont Salo Date
RESTREPO NEREIDA, PETRILLO LOUIS TRUSTEE st 6194/0330 1A 10/24/2019
RESTREPO NEREIDA $700,000 61895/0281 00 10/18/2019
RADI CHARLES $710,000 57763/0228 00 03/09/2017
PASSARO WILLIAM C $0 8116-726/0 01/01/1988

Bullding Information

Building 1: Section 1

Year Built: 1960
Living Area: 2,232
Replacement Cost: $419,094

Building Percent Good: 73
Replacement Cost
Less Deprectation: $305,900

Bullding Attributes

Fletd i Description

Style i 2 Unil
Modet | Multi-Family
Grade: : Average
Stories: Story
Occupancy | 2

Exterior Wall 1 Vinyl Siding

Exterior Wall 2

Roof Structure: : Gable

! Roof Cover : Asph/F Gls/Cmp:

‘ Interlor Wall + S Drywall

: Interior Wall 2

. interior Fir 1 / Carpet
Interior Fir 2 :

‘Heat Fuel | Gas

, Heat Type: | Hot Water

AC Type: i Nono

Total Bedrooms: : 4 Bedrooms
Total Bthrms: i :
Total Hall Baths:

Total Xira Fixtrs:
Total Rooms:
Bath Style:
Kitehen Style:
Num Kitchens
: Cndtn
Usritd 103
Usrild 104
Usrild 105
Usrild 106
, Useltd 107
Num Park

Fireplaces

(Of

Building Photo

{hilpz/images.vgsi.conpholos/WinthrapMAPhotos/AOO\O\S0\44 Jpg)

Building Layout

{rntpeimages.vpsi.comiphotosWinthropMAPhotos/Skelchos7829_7829;i

Code

BAS
FEP
FOP
| HBM

“stp

» WOK

Bullding Sub-Areas (sq ft)

’ First Floor

: Porch, Enclosed

i Porch, Open

{ Bsmnt, 1/2 Finished
i Stoop

Deck

Description

Gross
Arca |
2,282 |
28 |

149 |

Legend.

Living
Area

|
2,202
i

Usniid 108

Usrild 101 Conc,
Usriid 102
Usrild 100 (08

Extra Features

Extra Features Legend ;
Code Description size Value i Bldg &
| FPL FIREPLACE-BRICK : 1.00 UNITS $1,700 | 1;
Land
7 Land Use Land Line Valuation
(
Use Code 1040 Size (Acres) 0.19
Description APT 2 UNIT Frontage 0
Zone Depth 0
4 Nelghborhood 7 Assessed Value $443,800
| AltLand Appr No Appraised Value $443,800
| Category
Outbuildings
)
Outbuildings Legend |
No Data for Outbuildings |
|
Valuation History
Appraisal t
Vatuatlon Year improvements Land Total
2020 $307,600 $443,800 | $751,400
2019 $294,500 $409,000 $703,500 |
2018 $277,000 | $361,100 ; $628,100 |
Assessment 1
Valuation Year ! improvements Land H Total |
2020 $443,800 : $751,400 :
2019 : $409,000 $703,500 |
2018 $351,100 $628,100

{c) 2020 Vision Government Solutions, Inc. All rights reserved.

NEREIDA RESTREPO
39 GROVERS AVENUE
PROPOSED CONVERSION FROM
TWO-FAMILY TO THREE FAMILY.
The owner currently has three units with three kitchens at 39 - 39A Grovers Avenue. Her CO is
for a two- family. She proposes to legalize or convert the home toa three unit residential
dwelling. There are 4 existing parking spaces on the lot. Therefore:

Owner would require a variance as follows:

1, Variance from the provisions of Section 17.52.030 for use as a three family residential
dwelling.

2. Variance from the provision s of Seciton 17.20 - Table of Off Stree Parking Regulations.

RE
1628 NOV

4iNTH

CEIVED Application No. OLD . 2020
-q i=) I: 35 Date: Noy -9 2n2n
Town of Winthrop, Massachusetts

; CLERK Zoning Board of Appeals
ROP, MASS. 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:_9 Willow Terrace, Winthrop
I hereby request a hearing before the Winthrop Board of Appeals:

Tvs Applicant Submitting this application is:

.Name: Nicole Ferrara
Address: 9 Willow Terrace

City/Town: Winthrop,Massachusetts 02152

Telephone :_617-293-4267

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 Broadw: Revere, MA 0215

Telephone: 781.289.7777

9b.

10.

The land for which this application is submitted is owned by:
Nicole Ferrara

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

Book: 62157 Page: 43

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

See Plans Attached. Plot Plan of Land, Interior Plan s

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, ete.

The lot is a vacant lot conveyed to and owned by Nicole
Ferrara. The deed describes two separate lots. One contains
the home in which the owner resides. The lot upon which she
proposes to build contains 4048 square feet of land. All
utilites are on site and operational.

11.

12.

13.

14.

15.

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

The appellant requests a variance from the provisions of
section 17.16.020.d, minimum lot size. The lots are a portion
of a subdivision created in 1926, therefore it is required
that minimum lot size be 5000 square feet.

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 shape of the lots is uneven with a more narrow boundary in
the front and a larger boundary line in the rear.

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 construction of
a new, home. The homes in the surrounding neighborhood are
built on the same size lots. The subject lot has ample parking
and is compliant with the Winthrop Zoning Code.

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

The home ig similar in size and scope with surrounding homes.
It will be in harmony with the surrounding neighborhood style
homes and number of units in each.

Describe 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 owner satisfies all of the conditions precedent
to the issuance of a variance pursuant to the Zoning Ordinance
of the Town of Winthrop.

SECTION 17.16.020

Hey UE BN EI CY KU CALC EU OU GNU UNE Han DRUID, HUG KY CARTE Uy VE (aay ICEL.

1. Lots subdivided prior te November 3, 1955,

Minimun
Lot area

Street

frontage

Front

© yarel

Side yard

Rear yard

5,000 square feet

SO feet

15 feet

10 feat

4/5 Jor depth or 24 feet (whichever is less)

Date of DENIAL, signed by the Building Inspector: 11/5/2020

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

Signature of Applicants Date
QU EC 11 | 2/4040
nw, of Owner Date
vw A Ayal (Lb fof Aen
Sign hire | dé Designated Date

Repragentative

ALL MUST SIGN THIS APPLICATIO

RECEIPT a

47)
Received from above applicant, the sum of i} to apply against
administrative, and mailing costs. ”

pare NOV ~ 9 2020

¢
é
\ SAGAMORE AVENUE
\. Granite $3546 20E
' 76.26"
~ a
i l SL Retalning Wall
unit 1 [Unit 2 | Unit 3 |?
\ Parking|Parking Parking | coongq'sqy
Z| | | 5400"
on 4 { |
Ble dolmamlecorty 9.7 OM,
Ib Is 2 7 Mop 63 Lot 34
ye gros {unit s}unit 24 Z 115 Sagomore Ave.
2 ie Dwelling Porking Porking 4 Z
¢ , \,
f B ite!
5.9" er) athe }

Map 63 Lot 37
95 Sogemore Ave.

N35'4434°N

\

$52°31'39°W

Mop 63 Lot 36 “aap
7,989 sq.lt. \

0.18 ocres

y  (S5412'18"
29.03'

|Concrote |
Stoo |
| |

84.51"

Map 63 Lot 30
110 Summer St.

ZONING DISTRICT - RS

REFERENCES:

1) Deed Book 63903 Poge 213
2) Plan in Bk, 1873 © End

3) Plon in @k. 4154 Py, 612
4) Plon in Bk. 6450 Pg, 229

aN

a =
teatane fia
HO. 33000

Calc. (74.50' Deed)

Mop 63 Lot Sf
116 Summit St.

PARKING PLAN
105 SAGAMORE AVENUE
WINTHROP, MASSACHUSETTS

Prepared By
LeBlane Survey Associates, Inc.
161 Holten Street
Danvers, MA 01923
(978) 774-6012
October 28, 2020 Seale: 1"=20"
HOR. SCALE IN FEET

20 50 100
;

- S80°05'99 "E
{ Lot D

NG2"42'00°E

LOT COVERAGE
1120/4049 3 27.7%

BEARING SYSTEM ASSUMED

NOTE: PLOT PLAN OF LAND
: iN
GaSPERL SSE fa tune Ove WINTHROP, MA

GROUND INSTRUMENT SURVEY. PREPARED BY:
PUF & ASSOCIATES
@ HIGHLAND AVE, WAKEFIELD.MA
PAUL J, FINOCCHIO-P.L.S.
(781)883-5473

SCALE! I = 20°

DEED Refs BK, G21S7 PG 42
tolz2e9 DATEMCTOBER 27, 2020

DATE. FILE Nos7426R0A

9 ake S-13 Willow Terrace, Winthrop

Bk: 62187 Py: 43

MASSACHUSETTS QUITCLAIM DEED

We, Kevin M. Ferrara and Roger Valledares, ir.. both being uamarriad, bath of 9 aka 9-13 Witow
Terrace, Winthrop, MA 02352, for consideration pad, and in full consideration of Five Hundred and Five
Thousand Dollars end 00/100 ($05,000.00) grant to, Hicsle M. Ferrara, Indvidunally, now of 9 aka 9-13
Willow Terrace, Winthrop, MA 02152, with quiclaim covenants:

The tand with the bullding therton situated in Winthiop, Suffolk County, Massachusetts baling the
promise numbered 9'on the present numbering of Witow Terrace, and boing shown as tot No, Cona
Glan enllved Plan of tand In Winthrop, Mass, Judy 1926 drawn by Whitman & Howard, duly recorded
With Suffolk County Registry of Ooads Book 4875 Page 91 bounded and dosertbed as follows:

SQUTHWESTERLY by 2 private way called Wiltow Terrace, as shown on the aforementioned plan, sixty
eight (68) Feet;

HORTHWESTERLY; by Lot d a3 shown on sald plan, fihy-clant (58) feat:

RORTHEASTERLY: by land of awners unknown, shty-ctaht (68) feel and

SOUTHEASTERLY; by Lot3 as showm on sald plan, ffty-aight (58) feat;

Containing three thoisand ating hundred and forty four (3944) square feat af tand.

Alto a certain tot or parcel of land in sald 1p, bauinded and described es fo

SOUTHWESTERLY: by a private way called Willow Terrgce, as shown on the pis heretnaftar mentioned
tixty-ahe and taven one hundredits foot;

NORTHWESTERLY: by land of i Bittyreight ond forty one-hundredihs tect;
NORTHEASTERLY: by land of owners unknown, seventy thres and fifty—hundredths fect:
SOUTHEASTERLY: by Los Cas shown on sald plan, Rity-elght feet;

Containing 4047 square (eet of lond ond belag Lot O as shown on Ptan of Land in Winthrop, Mass, bly
1926 drawn by Whitman & Howard ond recorded with Suifolk County Rogistry of Deeds at Book 4875,
Page 392,

Seing the same premises conveyed to Grantors by deed dated February 27, 2008, recorded ln Suffolk
Coury Registry of Deads tn Book 43259, Poge 82,

Bk: B2187 Py: 44

Grantors hereby revoka, rescind end tomilnste ony end ol homestead rights tn the property and do
under cath depose ond say that there ere no other tndlividusts entitled ta disim the benefit of the
estate of and to tha ty.

‘Witness pdr hands and sea] Be day of Decamber, 2019,

Forrara
Roger Valladares, 21
COMMONWEALTH OF MASSACHUSETTS
Seta 23 December 2, 2019
Cn this 2nd canbe, 2019, before ma, the undersigned notary puble, penionslly appesred

Movin ot and Roger Valladares, Jr, proved to me by sathfactory evidence af tdentification, which
wos {7 Mossachusotts Driver's tteonta er { Vo r—arns t8 bo tho ports
wrhama prensa ded on the preci or ached document and cknowtedaed 3

Senrad (t vobuntertly for tts stated surpass.

13 WILLOW TER

Location 18 WILLOW TER Mblu 31/21///
Accti Owner FERRARANICOLE M
PBN Assessment $47,100
Appraisal $47,100 PID 2603
Bullding Count 1
Current Value
Appraisal
Valuation Yoar Improvements Lond Total
2020 $1,000 $46,100 * $47,100
Assessment
Valuatton Your Improvements Land Total

2020 $1,000 $48,400 $47,100
Owner of Record

Owner FERRARA NICOLE M Sale Prico $505,000

Co-Ownor Certificate

Addroce = 9 WILLOW TER Book & Pago 62157/0043

WINTHROP, MA 02162 SaloDato 12/02/2018
instrument =—-1V
Ownership History
Ownership History
Owner Salo Price Cartificate Book & Pago Instrument Sato Dato

FERRARA NICOLE M $508,000 62167/0043 Vv 12/02/2019

FERRARA KEVIN M $361,000 43180/0002 v 02/27/2008

BUCCINI BRADFORD A $0 23932/0135 0ws0/1998

LUTION P $0 10 01/01/1998

Bullding Information

Bullding 1: Section 1

Year Bullt: Bullding Photo
Living Area: t)
Replacement Cost: so
Building Parcent Good:
Replacement Cost
Less Depreclatlon: $0
Building Attributes

Fiold I Description

Siyle i Oulbuildings
i | ~
‘ Model }

|

Grade:

| Stofies:
coven Me BI ‘
{hlipvfimages.vgs!.com/pholos/WinthropMAPholos/A0000\149108 jpg)

Occupancy :

Exterior Wall 1 : | Bullding Layout

Extorior Wall 2 *
, Extori | LéBuliding Layout

: Roof Structure: {hltp/fimages.vgsi.convpholos/WinthropMAPhotos//Skatches/2603, 2603.)

Root Cover Building Sub-Areas (sq ft) kagend

| Interior Wall ¢ fl H i {
~ . i i No Data for Building Sub-Araas i
tntorior Wall 2 | i

a : i ‘ t . - ee]

| Interior Fir +

| Intorlor Flr 2

: Heat Fuel

| Heat Type: _
| AC Typa: i |
. Total Bedrooms: :
: Total Buns:

i Total Hail Baths:

Tolal Xtra Fixtrs:

j Totat Rooms;
a

i Balh Styla:

‘ Kilchan Style:

| Nuin Kitchens:

Cndin

; Usrild 103
! Usniid 104 |
Usifid 105

Usriid 106

Usrild 107

Num Park

| Freplaces

“usitid 108

" Ustild 101

Usilid 102

Usdid 100

Extra Features

Land
Land Use
Uso Code 1060
Description VAC LOT WiIMPROV
Zone

Nelghborhood AS
AltLand Appr No
Category

Outbuildings

Code; Description

; SHOS SHED FRAME

Valuation History

Valuation Year
2020
2019

2018

Vatuatlon Yoar
2020
2019

2018

Sub Code

Extra Features:

No Data for Extra Features

Land Line Valuation

Size (Acres) 0.09
Frontage i)
Depth 9

Assessed Value $46,100
Appratsed Value $46,100

Outbulldings

i Sub Daseription
i
Appralsat
Improvarents
Sone . sia00|
$1,000 |
$1,000,
Assessment

Improvements
$1,000)
$1,000

$1,000:

Legend |

Legend |

Sizo | Vetus {  Bldgt |
= y |

$1,000 1

land | Total
- 546,100 | ;
ew cone
tand : Totat
$46,100 i $07,100 |
$42,500 $43,500
; $37,600

$36,500 |

(c) 2020 Vision Government Solutions, lnc. Allrights reserved.

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PROPOSED SINGLE FAMILY RESIDENCE
LOT D WILLOW TERRACE
WINTHROP, MA 02152

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PROPOSED SINGLE FAMILY RESIDENCE ARORTTUETVALLL PLANO 4D CCE

LOT O WILLOW TERRACE
WINTHROP, MA 02152

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PROPOSED SINGLE FAMILY RESIDENCE
LOT D WILLOW TERRACE
WINTHROP, WA 02152

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WG WINTHROP, MA 02182 450 OCCA ADOT, CATE POT, MEYER MA 02181
Sets (017) E29-OHT

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PROPOSED SINGLE FAMILY RESIDENCE

LOT D WILLOW TERRACE

WINTHROP, WA 02152 -

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PROPOSED SINGLE FAMILY RESIDENCE
LOT D WILLOW TERRACE
WINTHROP, MA 02152

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TOTAL MALO LD OCR

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PROPOSED SINGLE FAMILY RESIDENCE

oT D

WILLOW TERRACE
WINTHROP, NA 02152

drow SPL weal AB KOTED

gates 10/27/20.

J.P.L. CONSULTING

ARCRTESTVRAL PUNOERS AND. ESM

050 OCEAN AIMIT, SATE 707, REVERE UA C219!

bar (017) WHD-a9T etapoysornetont nat

NICOLE M. FERRARA

PROPOSED HOUSE ON LOTD
9 WILLOW TERRACE

Owner of vacant lot adjacent to her home at 9 Willow Terrace proposed to build a 2.5 story, one-
family home on the lot. All dimensional regulations and parking requirements are met ane
require no relief, However, the lot contains 4048 square feet of land. The lot was created by way
of a subdivision plan in July 1926. According to Section 17.16.020,j, lots subdivided prior to
November 3, 1955 require a minimum of 5000 square feet. Therefore:

Owner requires a Variance from Section 17.16.020, minimum lot size.

RECEIVED application vo,_0!77 202
120 NOV -9 P I: 3% pate:_! “Nov - 92020 —
; Town of Winthrop, Massachusetts

WN CLERK Zoning Board of Appeals
)P, MAR Splication 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:_105 SAGAMORE AVENUE, WINTHROP
I hereby request a hearing before the Winthrop Board of Appeals:

i. Applicant Submitting this application is:

Name: DAVID B. COHEN & LINDA A. COHEN
Address: 105 Sagamore Avenue

City/Town: Winthrop, Massachusetts 02152

Telephone :_617-276-4496

2. 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: 38 fe} a Revere, MA 02151

Telephone: 781.289.7777

4,

9b.

10.

The land for which this application is submitted is owned by:
David and Linda Cohen

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

Book: 63903 Page: 213

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

See Plans Attached. Plot Plan of Land, Interior Plan s

A map desoribing 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, ete.

The lot 7989 square feet of land upon which is built a large
residential home containing a three floor main unit and a
small in-law unit at grade. There is parking for at least 6
cars on the lot. All utilites are on site and operational.

11.

12.

13.

14.

is.

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

The appellant requests a variance from the provisions of
gection 17.52.030 (use variance) to allow the use of the
building for more than two dwelling units. The Building
Inspector's Zoning Review Letter indicates the necessity of a
parking variance, however, the plan submitted herewith shows
gix zoning code compliant off-street parking spaces.

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 shape of the lot has uneven boundary lines and the lot
rises steeply in the rear.

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 not add any strain to the
municipal services nor create any parking stress in the
neighborhood or surrounding area. No expansion of the building
envelope will occur. The subject lot has ample parking and is
compliant with the Winthrop Zoning Code.

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

The home ig similar in size and scope with surrounding homes.
It will be in harmony with the surrounding neighborhood style
homes and number of units in each. [Please refer to photos
provided herewith.]

Describe 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 runicipal
services and will not increase density in the BA District and
will not burden the abutting or surrounding properties. The
request by the owner satisfies all of the conditions 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: 11/5/2020

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

wee Vs [a [00

\grGmature of Applicants Date
a (ole. y (6%
Uignature of Owner Date
Q\ tal ator tel 7
sibndéurt oF Designated Date
Repr¢sentative

ALL MUST SIGN THIS APPLICATION

RECEIPT 4
Received from above applicant, the sum of [Ht to apply against

administrative, and mailing costs.

NOV ~ 9 2020

Date:

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Replacement Cost Bullding Photo

Less Depreciation: $346,300
Building Attributes
P Field Description
; Stylo Old Style
| Model Residential
i Grade: Average
| stories: 2.412 Stories
Occupancy 1
| Extorior Wall 1 Wood Shingle
Exterior Wall 2 Brick Veneor
Roof Structure: Gambrel
| Rool Cover AsplvF Gls/Cmp
i Interior Wall 1 Plastered
Interior Walt 2 Drywall
Interior Fir 1 Hardwood
| interior Fir2
Heat Fuel ol
Heat Typo: Hot Waler
AC Type: None
Total Bedrooms: 4 Bedrooms
Total Bihrms: 2
Total Half Baths: Qo
| Total Xtra Flare: (htip:vimages.vgsi.convphotos/WinthropMAPhotos//Skatches/7276._7276 h
Total Rooms: 8 Rooms Building Sub-Areas (sq ft) Legend
[Balk Sole Gross | Living
Tktehen Siyle: Code Description ‘Area Area
Num Kitchens oO BAS First Floor 1,425 1,425
Cndin FUS Upper Story, Finished 1,108 1,108
Usdld 103 FHS Halt Story, Finished 840 420
Usrfid 104 FGR Garage, Frame 783 0
Usifld 105 FOP Porch, Open : 8 0
Usrild 106 PTO Patio 729 Oo
Usd 107 QBM Bsmant, 1/4 Finished 4,170 0
Num Park 6,063 2,953
Fireplaces
Usrild 108
Usrfid 101 Stone/Br
Usrtid 102
Usrtld 100 04

105 SAGAMORE AVE

Location 105 SAGAMORE AVE Mbtu 63/36///
Acct Owner DAMICO CHARLES S
PBN Assessment $672,000
Appraisal $672,000 PID 7276

Bultding Count 1

Current Value
Appraisal
Valuation Yeor Improvements Land Total
2020 $362,700 $319,300 $672,000
Assessment
Valuation Year Improvements Land Total
2020 $352,700 $319,300 $672,000
Owner of Record
Owner DAMICO CHARLES S Sate Price $0
Co-Owner JANET L DAMICO Certificate
Address 105 SAGAMORE AVE Book & Page 8331-290/0
WINTHROP, MA 02152-1033 Sale Date 01/01/1988
Ownership History
Ownership History
Owner Salo Price Certificate Book & Page Sale Date
DAMICO CHARLES S $0 8331- 290/0 01/01/1988

Building information

Building 1: Section 1

Year Bulit: 4909
Living Area: 2,953
Replacement Cost: $474,425

Bullding Percent Good: 73

Replacement Cost

Building Photo

Less Depreciation: $346,300
i Bullding Attributes
Field Description
‘ style Old Style
Model Residential
| Grade: Average
| Stories: 2 1/2 Stories
Occupancy 1
t Exterior Wall 1 Wood Shingle
Exterior Wall 2 Brick Voneer “
i
Root Structure: Gambral {ip:/fimages.vgsl.com/photos/WinthropMAPhotes/AO0\00\5303 jg)
Roof Cover AsphF Glis/Cmp
Building Layout
Interior Wall 4 Plaslered
| interior Wall 2 Drywall
| interior Fir 4 Hardwood
Interior Flr 2 :
, Heat Fuel oil
Heat Type: Hot Water
AC Type: Nono
Total Bodrooms: 4 Bedrooms
Total Bthrms: 2
Total Half Baths: 0
| Total Xira Fixtrs: (htipyvimages.vgsi.com/photos/WinthropMAPhotos/Sketches/7276_7276,)
‘Total Rooms: 8 Rooms Building Sub-Areas (sq ft) Legend
Bath Siyte: Gross Living
Kitchen Style: Code Description Aroa Area
[Num Kitchens o1 BAS First Floor 1,425 1,425
Cndtn FUS Upper Story, Finished 1,108 41,108
Usriid 103 FHS Hall Story, Finished 840 A420
Usriid 104 FGR Garage, Framo 783 0
Usrtld 105 FOP Porch, Open 8 oO
Usrild 108 PTO Patio 729 0
Usrild 107 QBM Bsmnt, 1/4 Finished 1,170 te)
Num Park 6,083; 2,953
Fireplaces
Usrfld 108
Usrild 101 Stone/Br
Usrild 102
| Usriid 100 o4

Extra Features

Extra Features Legond
Codo Description Siza Value Bldg @
FPL FIREPLACE-BRICK 1,00 UNITS $1,700 1
Land
Land Use Land Line Valuation
Use Code 1010 Size (Acres) 0.14
Desoription SINGLE FAM RES Frontage 0
Zona Depth 0
Neighborhood RS Assessed Value $319,300
Alt Land Appr No Appraised Value $319,300
Category
Outbuildings
Outbulldings Legend
Code Description Sub Code Sub Doseription Sizo Value Bldg #
FGR1 GARAGE-AVE, 960.00 SF. $4,700 1
Valuation History
Appraisal
Vatuation Year Improvements Land Total
2020 $352,700 $319,300 $672,000
2019 $336,000 $284,200 $630,200
2018 $319,300 $224,500 $549,800
Assessment
Vatuatlon Year Improvements Land Total
2020 $352,700 $319,300 $672,000
2019 $336,000 $284,200 $630,200
2018 $319,300 $224,500 $543,800

{c) 2020 Vision Govemment Solutions, Inc, All rights reserved.

Extra Features

Extra Features * Legend
Code Doseription Size Value Bidg #
FPLI FIREPLACE-BRICK 1,00 UNITS $1,700 1
Land
Land Use Land Line Valuation
Use Code 1010 Size (Acres) 0.11
Description SINGLE FAM RES Frontage 0
Zone Depth 0
Neighborhood =R5 Assessed Value $319,300
AltLand Appr No Appralsed Value $319,300
Category
Outbuildings
Outbuildings Legend
Code Doscription Sub Code Sub Description Sizo Vatuo Bldg #
FGRI GARAGE-AVE 360.00 SF, $4,700 1
Valuation History
Appraisal
Valuation Year improvements: Land Total
2020 $352,700 $319,300 $672,000
2019 $336,000 $294,200 $630,200
2018 $319,300 $224,500 $543,800
Assessment
Vatuation Year Improvements Land Totat
2020 $352,700 $319,300 $672,000
2019 $336,000 $284,200 $630,200
2018 $319,300 $224,500 $543,800

{c) 2020 Vision Goverment Solutions, Inc. All rights reserved,

Bk: 63903 Pg: 213

Embry
Gregg, Hunt, Ahern &
One Cranberry Hill

Suite 304
Lexington, MA 02421

DEED

WE, CHARLES S, DPAMICO and JANET L. D’AMICO, husband and wife,
of Winthtop, Massachusetts 02152

ore Ax

Property Address: 105

Winthrop, MA. 02152

for consideration paid of $ 700,000.00

Grant to: DAVID B. COHEN and LINDA A. COHEN, husband and wife,
So, ' as tetants by the entirety, ,
of 105 Sagamore Avenue, Winthrop, Massachusetts 02152

WITH QUITCLAIM COVENANTS
A cettain patcel of lend with the buildings thereon now town as and numbered 105
Sagamore Avenue, situated in Winthrop, Suffolk County, Massachusetts, being lot 21 in
Block U on a plan by H.T. Whitman dated May 1, 1889, recorded with Suffolk Deeds at the
end of Book 1873 and a portion of lot 4 on a plan by Aspitrwall & Lincoln dated July 24,
1919, recorded with said Deeds, Book 4154, Page 612, together bounded and desctibed as
follows: .

NORTHEASTERLY: by Sagamore Avenue seventy-six and 26/100 (76.26) feet,

SOUTHEASTERLY: by the ternaining portion of said lot 4, fifty-four (54) feet;

BASTRRIY: by the remaining portion of said lot 4, eighteen and 33/100 (18.33)
feet,

SOUTHEASTERLY: again by the remaining pottion of said lot 4, twenty-nine (29) feet;

SOUTHWESTERLY: by lots 23 and 24 on first mentioned plan seventy-four and 50/100
(74.50) feet;

NORTHWESTERLY: by lot 20 on first mentioned plan one hundred (100) feet.

Together containing 7987 square feet more ot Jess. Sce also plan by Whitman & Howard
dated June 28, 1948, recorded with said Deeds, Book 6450, Page 229, showing the portion
of lot 4 above desctibed.

For Grantor’s Title see Deed ftom Joseph M. Winston and Edward W. Keough dated
December 8, 1969 and recorded with the Suffolk County Registry of Deeds in Book 8331,
Page 290.

We, Chatles S. D'Amico and Janet L. D'Amico hereby release all homestead tights we may
have in this property which may have been created by operation of law or by the recording
of a homestead declaration with the Suffolk County Registry of Deeds and sweat under the
pains and penalties of petjuty that there are no other persons entitled to claim the benefit of
a homestead ia and to the property conveyed by this deed.

Bk: 63903 Pg: 214

ye
Witness out hands and seals this 32. day of September, 2020.

Commonwealth of Massachusetts
Suffolk, ss.

On this 26%, of SEPTEMBER, 2020, before me, the undersigned notaty public,
personally appeared, CHARLES S. D’AMICO and JANET 1. D’AMICO proved to me
thtough satisfactoty evidence of identification, which was a Massachusett’s drivers license, to
be the persons whose names ate signed above and acknowledged to me that they signed it
voluntatily for its stated purpose and swore or affirmed to me that the contents of the

document ate truthful and accurate to the best of their knowledge and belief.

Petey ff Mattino, Jr.
Ne Public O
My Commission Expires: September 18, 2026

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Unit 2

Unit 3

Retoining Wolf

54,00"

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a “a valor 97
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BSE p05 {eit 1] unit 2| 115 Sagamore Ave.
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Mop 63 Lot 37 ance 7,989 sql.
95 Sagamore Ave. 0.18 acres
33.2" Concrete 412'18°W
Stab 29.03"
{ N3S4E347W
84.51 |Colc, (74.50' Deed) ~
Mop 63 Lot 30 Mop 63 Lot 3t

NO Summer St.

ZONING DISTRICT — RS

REFERENCES:

1) Deed Book 63903 Page 213
2) Plan in 8k. 1873 @ End

3) Plan in 8k. 4154 Pg, 612
4) Plan in Bk. 6450 Pg. 229

N€ Summit St.

PARKING PLAN
105 SAGAMORE AVENUE

WINTHROP, MASSACHUSETTS

Prepared By

LeBlanc Survey Associates, Inc.

October 28, 2020

qe

20

161 Holten Street
Danvers, MA 01923
(978) 774-6012

Seale: 1”=20'

HOR. SCALE IN FEET
50

LINDA COHEN

105 SAGAMORE AVENUE
PROPOSED CONVERSION FROM
TWO-FAMILY TO THREE FAMILY.

The owner currently has two units, a small in-law apartment at grade, and a main unit that
occupies all of the first, second, and top floors, There are two kitchens at the property. The C.O,
reflects a single family home. Owner proposes to have the small in-law apartment recognized as
legally existing, and to convert the upper three floors from one large unit to two mediym sizew
units, thereby creating a three unit residential dwelling. The in-law unit will remain as shown.
The First Floor will be comprised or one dwelling unit. The Second and Top Floors will be
comprised of another (new) dwelling unit. There are 5 existing parking spaces on the lot.
Therefore:

Owner would require a variance as follows:

1. Variance from the provisions of Section 17.52.030 for use as a three family residential
dwelling.

2. Variance from the provision s of Seciton 17.20 - Table of Off Street Parking Regulations.