Agenda packet

Board of Appeals · from the Town's website · released Jun 10, 2021 · 58 pages · 6.9 MB
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Agenda
06-10-21_BOARD_OF_APPEALS.PDF
Meeting Materials
23B_ALMONT_ST-B.PDF
017-2021_207_PLEASANT_ST.PDF
1.
Documents:
2.
Documents:

TOWN OF WINTHROP

BOARD OF APPEALS ‘
Town Hall, One Metcalf Square, Winthrop, Massachusettelbaasalsobe~ 8 P | rf 0 2
Telephone: (617) 846-1742 Ext. 3

Sharon Sicurella, Clerk
NOTICE OF BOARD OF APPEALS PUBLIC HEARING

You are invited to a Zoom webinar.

RECEIVED

Fax: (617) 539-0812

When: June 10, 2021 AT 07:00 PM Eastern Time (US and Canada)
Topic: Winthrop Board of Appeals Meeting

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Item No | Appl # Applicant Address Appeal Voting
Chairman
opens
hearing
#016-2021 Michelle Harkins 23B Almont St | Variance Chapter 17.36.40 | Continued
swimming pool
from 5/27
#017-2021 Kelli O’Hara 207 Pleasant | Variance Chap 17.52.030 | Continued
for relief of 17.12.130 and
St variance 17.20.060 off from 5/27
street parking
Approval of
Meeting
Minutes
Adjournment

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.

2OA
Application wo. Olly 202 Sater Mary 4, Abdi

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

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: 23B ALMONT STREET, WINTHROP
I hereby request a hearing before the Winthrop Board of Appeals:

i. Applicant Submitting this application is:

Name: RICHARD & MICHELLE HARKINS
Address: 23B ALMONT STREET

City/Town: WINTHROP, MASSACHUSETTS 02152

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 Broadwa' evere 2151

Telephone: 781.289.7777

RECEIVED
I MAY -y PP 231

10.

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

Book: 62827 Page: 311

Plans describing and defining the Applicaton are included
herewith and made a part hereof.

See Plan Attached by Alexander Crucioli,

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
xequested 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 land is located on Almont Street and contains a building
with two condominium units. All utilities are present and
operational.

What is the EXACT nature of the Special Permits requested in
this application?

The Applicant proposes to install an above-ground swimming
pool with dimensions of 12' x 17', The required setback
mandated by the Zoning Ordinance is 10 feet from the side yard
boundary and 10 feet from a permanent structure. The proposed
installation will set the pool 5 feet from the permanent
structure and 5 feet from the sideyard setback. The governing
ordinance is produced below:

12.

12.

13.

Private swimming pools shall be set back a minimum
of fifteen (15) feet from a street property line,
ten (10) feet from a side property line and ten
(10) feet from a rear property line. No wall of a
swimming pool to be constructed under this chapter
shall be located less than ten (10) feet from any
permanent structure, The board of appeals may, by
special permit, allow location of a pool within the
above required yard setback area to within one-half
the required distance if it finds that literal
enforcement of the required setback would involve
practical difficulty or unnecessary hardship and
the granting of relief would not result in a
detriment to the public safety, health or welfare.

Describe how the desired relief may be granted in
consideration of the criteria described in Section 17 of the
Winthrop Zoning Ordinances.

The pool will be constructed in a in accordance with §
17.36.050 as the pool structure is engineered and designed to
withstand the expected forces to which it will be subjected,
all is addressed and set out in the attached engineering
report. Moreover, the pool will be set sufficiently away from
any structure so as not to present a danger.

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

The Special Permit requested is listed as a permit that the
ZBA may grant; the pool, as a recreational and exercise
element is a desirable use; will not increase traffic or
pedestrian safety; will not overload any public utilities;
and, will not impair the public health, safety, convenience,
or welfare in any way; and, the requested SP will not, by its
addition, cause an excess of the particular use that could be
detrimental to the character of the neighborhood.

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

The installation and use of a private swimming pool is a
healthy and desirable use, is not by its nature a dangerous or
noxious use, and in this particular case all construction and
maintenance measures will be in place so as to prevent any
impact on any nearby property or persons.

Date of DENIAL, signed by the Building Inspector: 04-01-2021

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

Signature of Applicants Date

Signature of Owner Date

Signature of Representative Date

TOWN OF WINTHROP
OFFICE OF THE BUILDING COMMISSIONER

100 Kennedy Drive, Winthrop, MA 02152 Telephone; 617-846-1341 Fax: 617-539-1545
Email address: buiidingdept@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: 23b Almont Street

Person Requesting: Michelle Harkins
REASON FOR DENTAL:
The applicant seeks a permit to construct a 12’ x 17° pool.

The permit was denied in accordance to the Town of Winthrop Zoning By-Laws Chapter
(section 17.36.40) “Swimming Pools” regulations.

The permit was denied due to the following reason,

1. Noncompliance of proposed pool to minimum side setback and setback less than
10° from permanent structure (section 17.36.40).

Albert J, Legee
Commissioner of Inspections
April 1, 2021

ASSESSORS ID: MAP & BLK. 28 PCL. 276

NU F ORAS WInTH! HOUSE

" PROPOSED i2x 17" ABOVE GROUND POOL

DEED REF. BK. 51828 PGC. 202

FE AMO LSC

ir

113.47"

IV GNA

23B ALMONT ST

Location 23B ALMONT ST Mblu  §6/28/23B//
Acctit Owner HARKINS MICHELLE
PBN Assessment $441,400
Appraisal $441,400 PID 6631
Bullding Count 1
Current Value
Appraisat
Valuation Year Improvements Land Total
2021 $441,400 $0 $441,400
Assagsment
Veluation Yoar improvements band Total
2024 $441,400 $0 $441,400
‘Owner of Record
Owner HARKINS MICHELLE Salo Price $313,080
Co-Owner Cartificate
Address = 23B ALMONT ST Book &Pago 61828/0202
WINTHROP, MA 02152 Sale Dato 07/23/2013
Instrument = 00
Ownorship History
Ownorship History
Owner Sale Price Cortifieate Baok & Page (nstrumont Sale Date
HARKINS MICHELLE $313,000 $1828/0202 oo 07/23/2043
TALLENT {il JAMES W $310,000 2883110338 00 00/28/2002
MAYRINOK, MARIA LUCIA $210,000 23982 2980 a0 O7H4/1009
COCHRANE WILUAM H 30 1200810046 1701/1888

Bullding Information

Bultding 7; Section 1

Property Address: 23 Almont Street Unit 23B, Winthrop, MA 02152

Bk; 62827 Pg: 312

Quitelaim Deed

I, Michelle Harkins, of 23B Altmont Street Unit 23B, Winthrop, Massachusetts , in consideration
of $1.00 GRANT TO Richard Harkins and Miohelle Harkins, as husband and wife, as tenants by
entirety, of 23 Almont Street Unit 23B, Winthrop, MA 02152 and Michelle Harkins, of 23
Almont Street Unit 23B, Winthrop, MA 02152

With QUITCLAIM COVENANTS

Condominium Unit 23-B of the 23 Almont Street Condominium, created by Mester Deed dated
October 30, 1985 and recorded, with the Suffolk County Registry of Deeds in Book 12008, Page
108, together with an undivided fifty (50%) percentage interest appertaining to sald Unit in the
common areas and facilities of said condominium and subject to and with the benefit of the
provistons of sald Master Deed hereinabove referred to,

‘The said premises are conveyed with the benefit of and subject to: (a) the provisions of
Massachusetts General Laws,. Ch. 183A, as amended of record, (b) the Master Deed and
amendments thereto; (c) the 23 Almont Street Condominlum Trust created by Declaration of
Trust, dated October 30, 1985 and recorded on October 31, 1985 as Instrument Number 140,
including the by-laws thereof any amendments to same, and the rules and regulations adopted
from time to time pursuant thereto, and all matters of record stated or referred to in the Master
Deed, as completely as if each were fully set forth herein; (d) flrther subject to real estate taxes
attributable to said Unit for the current year not now due and payable,

The said Grantee(s) by the acceptance and recording of this Deed agree(s) to assume and
perform all conditions of the Unit Deed and Master Deed as completely as if each were fully set
forth herein. :

The Unit referred to above is laid out as shown on the unit plan annexed. which is a copy of a
portion of the plans filed with the Master Deed and to which is affixed a verified statement in the
form provided in Massachusetts General Laws, Chapter 183A. Section 9, and said Unit contains
the area shown on the plan recorded herewith.

The Unit is intended to be used for residential dwelling purposes and such accessory uses as are
from time to time permitted by applicable municipal regulation and control, subject, however to
limitations and restrictions on such use as set forth in the Master Deed, Declaration of Trust and
the rules and regulations from time to time promulgated thereunder.

For Grantor Title see Deed recorded at Book 51828, Page 202.

For Grantor's Title, see deed dated 07/22/2013 and recorded in the Suffolk County
Registry of Deeds at Book 51828, Page 202.

Bk: 62827 Pg: 313

Executed as a sealed instrument this 13 day of April 2020.

(Aurd-—_

Michelle Harkins

Commonwealth of Massachusetts

Suffolk, ss.

Onkih day of April, 2020, before me, the undersigned notary public, personally appeared Michelle
Harkins , the above-named and proved to me through satisfactory evidence of identification being
Mass DL, to be the person whose name is signed on this document, and acknowledged to me that
he/she signed it voluntarily for its stated purpose and that the fo instrument is his/her free

act and deed.

No’ 7 Ania Om
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Yoar Butit: 1985 Building Photo

Living Area: 4,708

Replacement Cost; $598,313

Bullding Percent Good: 82

Replacement Cost

Less Depreciation: $441,400 a

Buliding Attributes

Description

Condominium
Res Condo

2 Stories

Average +40

1

Interior Wall 4: Drywall

Interior Wall 2:

Interior Floor + Hardwood

interlor Floor 2

Hoat Fuck: Gas

Hot Wator

Centra

2 Bedrooms

2 Full

1

Xtra Fixtres.

‘Total Rooms:

{hilp:/images.vgsi.comiphotos/WinthropMAPhotosi/Skelches/6631_6631,).

Bullding Sub-Areas (sq ft) Logend

i Gi ivi
Code | Description ross ving

BAS —_/ First Floor

Kitchen Fune 00

Primary Big Use FUS | Upper Stony Finished

Hivar Type

Park Own

Patk Tandom

Fireplaces:

Num Pait Bedrm

Baso Fir Pay

Num Park 00

Pet Low Gelling

Unit Loca

intys Ext

Foundalion

Grade

Avaraga 110

Stories:

2.6

Rosidentlal Unita:

2

‘Exterior Wall {:

Clapboard

Exterlor Wall 2:

Roof Structure

Roof Cover

Metal

‘Cre Unite:

RasiCom Units:

Saction #:

Parking Spaces

Section Style:

@lofoje|le

Foundation

Socurity:

‘Cmpix Cad

Xtra Field 1:

Remodal Ext

Super

Extra Features
Extra Featuros Lagond
No Data for Exira Features
Land
Land Use Land Line Valuation
Use Code 4020 Size (Acres) Q
Description CONDOMINIUMS Frontago 0
Zono Depth 0
Nalghborhood Assessed Value $0
AltLand Appr No Appraised Value $0
Category
Outbulidings
Outbuildings Logend
No Data for Outbuldings
Vatuation History
[ Appratsal

Valuation Year improvements Land Total
2021 $441,400 $0 $441,400
2020 $428,200 $0 $428,200
2018 $394,100 % $384,100

Assesemant

Valuatton Your Improvements Land Total
2021 $441,400 0 $441,400
2020 $428,200 $0 $428,200
2018 $394,100 80 $304,100

{c) 2021 Viston Goverment Solutions, Inc, All rights reserved.

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© 23 Aimont St, Winthrop, MA 02152

Photos

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ESP Advantages

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ACORD DATE (HMDOIYY)
t CERTIFICATE OF LIABILITY INSURANCE

3/48/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the cartificate holdar ta an ADDITIONAL INSURED, the pollcy(ies) muat have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION {8 WAIVED, subject to the terms and conditions of the policy, certain policies may require an A ton

this cortlficate does not confer rights to tha certificate holder In lieu of 8 dorsoment{s).
|_.th!s certificate does not confer ants te ne eee reNTARY

PRODUCER h
Kaplansky Insurance
10 Keamey Rosd

Needham MA 02494

SURED

Perfection Pools and Builders
Michael McGrath dba

110 Eastern Avenue

Lynn MA 01902

SOVERAGES CERTIFICATE NUMBER: 1839499883. REVISION NUMBER;
THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE ListeD BELOW HAVE BEEN {SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERICD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

awe eo POuigy MIMBER muneh Yin | caumeneen wwrre
A | X | COMMERCIAL GENERAL LIABILITY NN1105389 41272020 4122021 | EACHOCCURRENCE $1,060,000
J cusmesaoe [XJ occun [PREMMea es cnarmonn (6100000 |
LX | = seo teow MED EXP (Ary one porsen) | $5,000
_ PERSONALS ADV INJURY _j $1,000,000
GENL AGGREGATE LIMIT APPURS PER: GENERAL AGGREGATE $2,000,000
ee poucy|_] 88% [_] toc PROOVOTS. CONPIOP AGG | Sinciuded
eT couEsETENCON
AUTOMOBILE LIABILITY s
ANY AUTO. BODILY INJURY (Per person) | $
Leite [_] Steg SobILY WARIRY GPer sent §
MIRED RON-OWNED Py RMA ry
|__| AUTOS ONLY AUTOS ONLY ui st) 7
UMBRELLA LAB OCCUR GACH OCOURRENCE 5
AXCEBS LAD LAINE ADE AGGREGATE ‘
s $
WORKERS COMPENSATION id
ABILITY vin
ANYPROPaEETORS ART EM EXECUTIVE Mea EL BACH ACCIDENT. 8
endetory in Me BL OISHASE - EA EMPLO’' $3
|__ [odBsateroh GF Gpgranions tate Es, o1gease -poucy war |

‘DERG TION OF OPERATIONS /LOGATIONS /VERICLES (AGORD {0}, Adatonal Remarts Schedule, cy bo atechad ft mora apace acl)
** $600 Body injury an Property Oamege Deduedble Combined per Claim. Contractual ‘Labltty per general llabitty forms CGG001 0413 and L216 0416,

Oo H Poo! - », Repair of Abova id Pools

CERTIFICATE HOLDER CANCELLATION.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.

Richard Harkins
23 B Almont Street ‘AUTHORIZED REPRESENTATIVE

‘Winthrop MA 02152 2 to

1
'@ 1888-2015 ACORD CORPORATION. All rights reservod.
ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD

Map Unit Name—Norfolk and Suffolk Counties, Massachusells

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{soa Natural Resources Web Soil Survey wv

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FODERA
ENGINEERING
28 Harbor Street, Suite 204
Danvers, MA 01923
Tel: (617) 877-3293
gfodera@foderaengineering.com

April 3, 2021

To: Town of Winthrop
| Metcalf Square
Winthrop, MA 02152

RE: SLOPE STABILITY INPSECTION
PROPOSED ABOVE GROUND POOL
23B ALMONT STREET
WINTHROP, MA 02152

To whom may concem,

Concerns regarding slope stability from the installation of an above-ground pool in the rear yard of the
above referenced site has been brought to my attention and are addressed herein, The site was inspected
by myself, on Thursday, April 1, 2021 and the findings are as follows:

* Elevated yard section at location of proposed pool,

«Yard starts downward slope a few feet from the proposed pool location.

* — Steepest slope section measured 3.5” vertical and 6.5" horizontal (slope angle = 28.3°)
* Soils appeared to be parent material with minimal brick presence within the mixture.

The online Natural Resources Conservation Service (NRCS) mapping system determined site soils to be
Newport-Urban land complex and consistent with the surrounding area. Additionally, the Massachusetts
Department of Environmental Protection (MassDEP) has nearby well data within their database and
located well identification number 665322 approximately 150 feet west of the site. Results from this well
determines that soil is made up of a sand and gravel mixture and can estimate that soils at the subject
property is a similar material, Results from the NRCS soils map and well iD #665322 are attached within
for reference. Data compiled from these resources can determine that soils are a sandy gravel,
comparatively to soil type GW-GP within the Unified Soil Classification System (USCS) with associated
internal friction angle between 35° — 50°.

‘The slope closest to the proposed pool location was slightly lesser and the associated uphill ground
section appeared to have a slight dip resulting in a mildly uneven surface for the pool location. The
proposed above ground pool has a depth of fifty-four (54) inches (4.5") high and assumes this as the water
depth, Water at a depth of 4.5 feet yields a surcharge load of about 280 pounds per square-foot (psf)
directly under the pool.

Slope stability calculations for dry cohesionless soil in the existing conditions are below, The factor of
safety for slope stability in the existing conditions range between 1.3 — 2.2 and are accepted safety values.

Slope Stability inspection 23B Almont Street
Proposed Above-Ground Paol Winthrop, MA 02162

FODERA ENGINEERING

tan@y FS = Factor of safety
FS = Gr = Internal friction angle (35° ~ 50°)
tana «c= Slope angle (28.3°)

Loose ground (@r = 35%): FS = 13
Dense ground (@r = 50°): FS = 2.2

‘The addition of a pool and associated surcharge loading may not significantly increase the potential for
slope failure for this site. A critical slope failure surface from the surcharge toad will be beneath the
sloped surtace. Although the slope is anticipated to be stable, the following construction methads to
install the pool shall be implemented on-site. The pool ground surface shall be compacted to a level state
and a four (4) inch crushed stone base at a minimum of 95% compaction shall be installed as the pool
base. Additionally, the sloped section shall be installed with geosynthetic reinforcement to stabilize the
embankment,

in conclusion, it is determined that the proposed above-ground poot shall be safe to install on-site by
incorporating construction methods as outlined above, to stabilize the slope embankment. De not hesitate
to call or email me shall you have any questions, comments, or concerns.

Sincerely yours,

Giovanni Federa, PLE.
Principal Engineer
FODERA Engineering

Slope Stabilily inspection . 238 Almont Street
Proposed Abave-Ground Pool Winthrop, MA 02152

Date of DENIAL, signed by the Building Inspector: 04-01-2021

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

pre Habe Fath 5/03/21 _
Signature of Applicants Date

ant Habs Fah 5/03/21
Signature of Owner Date
3 MAY 2021
igndture\o£ Representative Date

Ln RECEIVED
. TOWN OF WINTHROP
Hat HAY 30 A @ OW

OFFICE OF TRE BOARD OF APPEALS gy) 0)":

‘Town Hall, 1 Metealf Squere, Winthrop, Massachusetts 02152 Wis
‘Tetephone (617) 846-1742 Faxi (617) 646-458. .
SUFFOLK REGISTRY
OF DEEDS

DECISION TO GRANT VARIANCE NOV 1» 2008

WITH-CONDITIONS 4A n 23m
FEE. ee
Petitioner/Applicant/Appellant: Winthrop Improvement Historical Association ~
Property Address: 40 Shirley Street, Winthrop, MA 02152
Case Numbers 07-2008
PROCEDURE:

In its application filed with the Town of Winthrop, Applicant seeks reliof from
the provisions of the Winthrop Zoning Code in the form of a Variance, fo wit:

Chapter 145-20(A)s General Regulations requiring a barn not to exceed 1,600 square
feet.

Chapter 145-23(C): 5..General Regulations requiring a 5.0’ rear-yard set-back for
accessory buil Residential A district.

The local wing aapetor denied applicant's request for a building penmit. Ina _
written opinioy ‘B ding Inspector wrote.that Applicant would -
like to ‘cor ae o ‘Iocated at 40 Shirley Street, Winthrop,
Massachusetts 02152. Permit was denied on March 11, 2008 in accordance with the
Town of Winthrop Zoning By-Laws, Section 145-23(C) 5 General Regulations requiring

a 5,0' rear-yard set-back for accessory buildings in Residential A district and Winthrop
By-Laws Chapter 145-20(A)5 requiring a barn not to exceed 1,600 square feet,

On April 24, 2008, in accordance with the provisions of Massachusetts General
Laws, Chapter 40A, Section 11 and Chapter 13 of the Code of the Town of Winthrop, the
Board of Appeals (hereafter referred to as “the Board”) held a public hearing upon the

#07-2008 -I-
MARGINAL REFERENCE

BOOK 3 O PAGE 37

pedtion of Applicant, Winthrop Improvement Historical Association, for the variance
relief cited above. Notice of said hearing was mailed to all parties-in-interest as defined
by G.L. c. 40A, Section 11 and was advertised in a paper of general circulation, namely,
the Winthrop Sum Transcript, on April 10, 2008 and, once again, on April 17, 2008,

Richard Dimes, Chairman of House and Grounds of Winthrop Improvement
Historical Association, and Dave Hubbard, Treasurer, appeared on behalf of applicant,
The Board was apprised that the Winthrop Historical Association wishes to construct a
40°%.12" addition to the rear.of an existing barn as part of Lots 78 and 79 at 40 Shirley
Street. Height of the new. addition will be 14'-6%' . The Purpose of the addition is to store
and ‘maintain historical documents, publications, photographs, manuscripts and artifacts
related to the history of’ the Town of Winthrop and Deane Winthrop House. Currently,
there is not enough room in the. main ‘building for storage. : .

Construction will not follow coritour of roof itself. The sides of the addition will
be the same height as existing building with no openings at the rear of building. There
will be an open platform on one side, no opening in back, no doors on.either side, no
foundation, two windows on each side and the same finish materials that are présently on
existing bam. Set-back from rear of building to Property line is 14'. Construction: will
extend 12', Addition requires a 5' set-back, Variance needed of 3'.

The Board noted that abutters on Almont Street built up their land by raising the
grade up to make the land level. Corner is a lot lower than the grade level of abutting
property and, as such, may have created a drainage problem. Addition will be 2° from
property line. The Board was apprised that the original builder instalied a 10' dry well
that goes all the way down to protect against water. Board noted that abutti ig property
has filled in that area which could create a water problem. Abutter is the only homeowner
that has filled in that area. There may be a problem with comer; may have to construct a
retaining wall to prevent a water problem,

Marie T. Healy, 50 Bates Avenue, spoke in-favor while no persons were ‘reoordéd: Ces

in-opposition.to the application,

After considering all of the testimony, evidence and submissions, the Board finds
as follows:

1 owing to conditions, especially affecting the land of the
applicant, but not affecting generally the Zoning District in which it is

407-2008 -2-

it. al enforcement of the provisions of the by-laws would
tial hardship, financial or otherwise, to the applicants,

as - desirable relief may be granted without substantial
: ‘detriment to the public good;

. the requested relief may be granted without nullifying or
substantially derogating from the intent or purpose of the Zoning By-
Laws;

4, @ grant of the variance would be in harmony with the
neighborhood;

5. given the shape and topography o of the lot, the granting of a
variance is appropriate; and

6. to grant the requested relief would not increase vehicular or
pedestrian traffic in the area.

CLUS
Based upon all of the foregoing, including, but-not limited to, the evidence and
testimony presented to the Board at public hearing, the Board by a unanimous vote of 3-0
GRANTS the variance, as discussed above, with the following conditions:
CONDITIONS ©

1, Relief is granted based on documentation, exhibits on file
and testimony provided by Applicant's representatives at public hearing;

2 Plans close: provided.to the-Board’
of - ‘Appeals “for its review, the Board before
submission to the Building Inspector for issuance of building permits.

3. Finish materials shall be consistent with materials utilized
on the main structure,

4, The drainage issue at the NE comer of the lot raised by the
Board of Appeals shall be further studied. Applicant’s findings shall show
a design on how the condition will be solved and forwarded to the Board”

407-2008 3.

-prior to issuance of a building permit.

. 5. The reliof granted herein shall lapse and terminate upon the
’ failure to build, construct, erect and otherwise maintain the Property as set
‘forth in the final plans approved by the Zoning Board of Appeals.

w=: 46," A copy of this. decision shall be recorded with the
appropriate section:or division of the Suffolk County Registry of Deeds
iand ‘evidence : of : such ‘recording..shall be presented to the Building
Inspector of the Town of Winthrop. prior to the issuance of a permit to
build,

~ BY: Winthrop BoardofAppealss © tm mo ~
Sitting Members: Paul W. Marks, Jr., Brian J, Beattie and Darren M. Baird

A TRUE COPY, ATTEST

Wud road
Mal Jones, Clerk 5

Dated: May 30, 2008

#07-2008 4.

TOWN OF WINTHROP BUILDING DEPARTMENT
TOWN HALL

OFFICE OF THE BUILDING COMMISSIONER/ INSPECTOR
JAMES SOPER/COMMISSIONER
BUILDING DEPARTMENT- TOWN HALL, | METCALF SQUARE, WINTHROP, MA 02152
TEL. (617-846-4344) - FAX (617-539-5826)
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 By-Laws, Chapter 145,

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; 40 Shirley Street
Person Requesting: Winthrop Improvement Historical Assoc.
40 Shirley Street
Winthrop, MA 02152
REASON FOR DENIAL;
Permit was denied in accordance to the Town of Winthrop Zoning Bylaws;

Owners would like to build an addition to the rear of the barn, Permit was denied in accordance to the Town
of Winthrop By-laws Chapter 145-23 (C) 5 General Regulations requiring a 5’ rear yard setback for
accessory buildings in Residential A district and Winthrop By-laws Chapter 145-20 (A) 5. requiring a bam
not to exceed 1600 sf.

Building Ipspector Signature

Jai Soper

Date: March 11, 2008

BOA case # OLb -AOD!

Received from the Applicant the sum of $375.00 to apply against administrative and
mailing costs.

Received from the Applicant the sum of $100 to apply against the legal publication fees.

By: Date:

Notice of Application to the Board of Appeals made herewith.

Town Clerk

RECEIVED
cation no. ff O17 - 20. ; 200 MAY ~4 .
*rppdication Ot save Mansy b, 203 | AW S2

cu eree

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.

i
1

ADDRESS OF PROPERTY: 207 PLEASAN’ STREET 0:
I hereby request a hearing before the Winthrop Board of Appeals:

1. Applicant Submitting this application ia:

Name: KELLI O'HARA & JASON FISCHER
Address: 207 PLEASANT STREET, WINTHROP
City/Town: WINTHR« SSACHUSETTS 02351

2, Applicant is:

Owner: x Lessee Prospective Purchaser

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

Name: Jame: Cipoletta, Es
Address:385 Broadway, Revere, MA 02151

Telephone: 781.289.7777

4.

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

KELLI O’HARA & JASON FISCHER

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

Book: 63782 Page:_235

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

See Plans 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)?

Yes

9b. Is the location of the site of this application within 100

10.

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,
Lf any, availability of utilities, sewer, water, etc.

The land is located on the east side of Court Road. 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 17.52.030 to construct a third apartment in a two
unit dwelling. Applicant further requests relief from the
provisions of Section 17.20.060, minimum off-street parking
spaces. Four spaces are shown on the plan. Six spaces are
required. Further, the Applicant seeks relief from the maximum
story provision of the Code (17.16.020) to enable the build
out for a third floor studio apartment, thereby creating a
full third story in accordance with the project plans.

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 irregular, topography is uneven and is
located on a corner lot at the intersection of Pleasant Street
and Cottage Park Road.

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

The home is located in an area of mixed residences. It is
anticipated that the addition of the unit will not cause
overpopulation or on-street parking congestion. Four off-
street parking spaces should be sufficient to accommodate
vehicles owned by residents. The current building is large
enough to accommodate a third unit.

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

The footprint of the home is not being enlarged or modified in
any way and will not interfere with neighboring homes. There
are two off-street parking spaces in the existing garage and
two spaces in the driveway of the home.

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

The addition of the unit can provide living space for those
who do not require large or multi-level living quarters. The

unit is small enough as to not attract a large number of
occupants due to the limited size and space of the unit and is
consistent with the purpose and intent of the zoning ordinance
as set out in Section 17.

Granting the relief will not create undue stress on municipal
services, or parking, and will not unduly or substantially
increase density in the Zoning District.

The town of Winthrop is in need of housing units to provide

living space for residents who do not require full or large

size home and/or who may be working toward purchasing a family

home in the future or whose lifestyle requires downsizing.
Date of DENIAL, signed by the Building Inspector: 05-05-2021

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

Me: PR ote feo S- sr Zou

Signature of Applicants Date
™~
f im iC SoS 202:
Signature of Owner Date

CSV OS Z/

Date

TOWN OF WINTHROP
OFFICE OF THE BUILDING COMMISSIONER

100 Kennedy Drive, Winthrop, MA 02152 Telephone: 617-846-4344 Fax: 617-539-5826
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: 207 Pleasant Street
Person Requesting: Kelli O’Hara

REASON FOR DENIAL:

The applicant seeks a permit to convert the current preexisting non-conforming 2 family
structure to a3 unit residential building. The permit was denied in accordance to the
Town of Winthrop Zoning By-Laws Chapter 17.12.130 three family dwellings are not
permitted in the RA district.

The applicant has submitted a registered plot plan showing the structures proposed
dimensions and a parking plan showing off street parking for four vehicles. Therefore, I
must assume that the proposed project will not meet the required parking provisions and
will require a parking variance.

Relief of the following will be required.

i, A variance pursuant to Section 17.52.030 (use variance) for relief from the
provisions of 17.12.130, Table of uses to establish a three-family use in the RA
zone which does not allow for dwelling units exceeding two units.

2. A variance pursuant to Section 17.20.060 Table of Required Off-Street Parking,
determining two parking spaces per dwelling unit.

al

Al Legee
Commissioner of Inspectional Servicers
May 5, 2021

N
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173
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GARAGE — LPARKING | CURB
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PLEASANT STREET
NOTE: PLOT PLAN OF LAND
IN
L HEREBY CERTIFY THAT THIS PLAN HAS
BEEN PREPARED FROM AN ACTUAL ON THE WINTHROP, MA

GROUND INSTRUMENT, SURVEY.

PREPARED BY:

PJF & ASSOCIATES

4 HIGHLAND AVE WAKEFIELD,MA
PAUL J. FINOCCHIO—P.L.S.

(781)883-5473

SCALE: 1” = 20’

DEED REF.

t20fy DATE: APRIL 22, 2021

PAUL J. FINOCCHIO P.L.S. No.36115 DATE FILE No: 7521B

Bk: 63782 Pg: 235

Suffolk County Registry of Deeds

Electronically Recorded Document

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

Recording Information

Document Number : 79481

Document Type : DED

Recorded Date : September 17, 2020
Recorded Time 1 11:59:39 AM
Recorded Book and Page : 63782 / 235
Number of Pages(Including cover sheet) <3

Receipt Number 1 845712

Recording Fee (Including excise) : $2,982.20
MASSACHUSETTS EXCISE TAX

Suffolk County District ROD # 001
Date: 09/17/2020 11:59 AM

Ctri# 203239 30536 Doc# 00079481
Fee: $2,827.20 Cons: $619,800.00

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

207 Pleasant Street, Winthrop, Massachusetts 02152

Bk: 63782 Pg: 236

QUITCLAIM DEED

I, Timothy M. Ross, grantor, a married man, of 207 Pleasant Street, Winthrop, Suffolk County,
Massachusetts, for consideration of Six-Hundred and Nineteen Thousand dollars and 00/100 “husband
($619,900.00) paid, grant to Kelli O’Hara and Jason Fischer, as Jerunts by the EntiretY and wife,
of 226 Winthrop Shore Drive, Winthrop, Massachusetts, with Quitclaim covenants a certain

parcel of land with the buildings and any improvements thereon in Winthrop, Suffolk County,
Massachusetts, thereon, being lot 20 on a plan by Whitman and Howard, C.E. dated June 18,

1920 recorded with Suffolk Deeds Book 4373, Page 329. Said lot 20 further bounded and

described as follows:

SOUTHWESTERLY By Pleasant Street, as shown on said plan 43.77 feet,
NORTHWESTERLY By Lot 21, as shown on said plan 100.02 feet;
NORTHEASTERLY By Lot 19, as shown on said plan, 42.70 feet; and

SOUTHEASTERLY By Cottage Park Road Extension, as shown on said plan, 100.00
feet.

Said Lot 20 contains four thousand three hundred twenty-three (4,323) square feet
according to plan.

As per M.G.L. Chapter 188, sect. 13, the Grantor, under oath and subject to the pains and
penalties of perjury, does hereby depose, state and certify that: (i) I/We release all rights
of Homestead in the subject realty, (ii) that no spouse, nonowner spouse, forner spouse,
or any other person resides in the home, and (iii) at the time of the delivery of this deed,
no spouse, former spouse, or any other person is entitled to claim the benefit of an
existing estate of homestead.

For my title and deed recoded in Suffolk County Registry of Deeds at Book 41860, Page
133.

IN WITNESS WHEREOF I have hereunto set my hand and seal this 17” 77 day of

September, 2020.

Timothy M. Ross: ie ) Nias fb

By:

Susanna Ross: Ch AY ul AULAR £ i

Bk: 63782 Pg: 237

Susanna Ross, Spouse of Timothy M. Ross, joins in the execution of this Deed for the sole
purpose of releasing her homestead rights, if any, in the subject property.

COMMONWEALTH OF MASSACHUSETTS

Suffolk, ss, Se ft. t7 » 2020

Onthis / 7th day of Septibar , 2020, before me, the undersigned notary public,
personally appeared Timothy M. Ross, who proved to me through satisfactory evidence of
identification, which was their license, and acknowledged the foregoing instrument to be their
free act and deed before me, to be the persons whose names are signed on the preceding or
attached document, and acknowledged to me that they signed it voluntarily for its stated purpose.

Dil BH kPa
Notary Public:
My commission expires:

DAVID ALVIN ST T

Notary Pub
foommoneatn ye ublic

My Commisaia
in
Kemagftftll 16, zones

TASIO |

COMMONWEALTH OF MASSACES

vs

Suffolk, ss. Sopt- {7 _,2020

Onthis__/ ath day of Sep toko , 2020, before me, the undersigned notary public,
personally appeared Susanna Ross, who proved to me through satisfactory evidence of
identification, which was their license, and acknowledged the foregoing instrument to be their
free act and deed before me, to be the persons whose names are signed on the preceding or
attached document, and acknowledged to me that they signed it voluntarily for its stated purpose.

LA Ah [forme

Notary Public:
My commission expires:

& DAVID ALVIN

STASIO
Notary pi
\Worwontt OF MasShcHuserts

My Commisst
lon &;
April 15, 202 Pires

Vision Government Solutions

207 PLEASANT ST

http://gis.vgsi.com/winthropma/Parcel.aspx?Pid=2 166

Location 207 PLEASANT ST Mblu = 29/ 8///
Acct# Owner OHARA KELLI, FISCHER JASON
PBN Assessment $495,400
Appraisal $495,400 PID 2166
Building Count 1
Current Value
Appraisal
Valuation Year Improvements Land Total
2021 $277,200 $218,260 $495,400
Assessment
Valuation Year improvements Land Total
2021 $277,200 $218,200 $495,400
Owner of Record
Owner OHARA KELLI, FISCHER JASON Sale Price $619,900
Co-Owner Certificate
Address 226 WINTHROP SHORE DR Book & Page 63782/235
WINTHROP, MA 02152 Sale Date 09/17/2020
Instrument 00
Ownership History
Ownership History i
Owner Sale Price Certificate Book & Page Instrument Sale Date
OHARA KELLI, FISCHER JASON $619,900 63782/235 00 09/17/2020
+ ROSS TIMOTHY M $419,900 41860/0133 00 05/25/2007
DONCASTER PAUL W $311,000 26327/0137 00 05/15/2001
10578- 194/0 40/11/1983

THOMAS BEATRICE V

Building Information

Building 1: Section 1

ayear Built: 1920

lo

$1

1/26/2021, 6:17 PM

Vision fangempmaent Solutions — 9 679 Building pittnl/eis.vgsi.com/winthropma/Parcel.aspx?Pid=2 166

Replacement Gost: $474,673
Building Percent Good: 57

Replacement Cost
Less Depreciation:

Building Attributes
Fleld Description
Style: 2 Unit
Model Muiti-Family
Grade: Average +10
Stories: 2 Stories
Occupancy 2
Exterior Wall : Wood Shingle (http: images. vgsi.com/ohotos/VinthropMAPhotos/N00\01\02\59 ipa)
Exterior Wall 2 {
Building Layout
Roof Structure: Gable
Roof Cover AsphiF Gis/Cmp
Interior Wail 4 Plastered
interior Wall 2
Interior Fir 1 Pine/Soft Wood
Interior Fir 2 Carpet
Heat Fuel Oil
Heat Type: Hot Water
AC Type: None
Total Bedrooms: 5 Bedrooms
‘otal Bihrms: t 2 (http://images.vgsi.com/photos/WinthropMAPhotos/Sketches
Total Half Baths: aq 12166_2166.jpg)
Total Xtra Fixtrs: a Building ‘Sub-Areas (sq ft) Legend
Total Rooms: 3 Rooms Code Description Gross wing
Bath Style: / Old Style
Kitchen Style: Old Style FUS Upper Story, Finished 1,295 4,295
Num Kitchens ot BAS First Floor 1,196 1,196
Cndin HAT Attic, 1/2 Finished : 1,196 179
Num Park FEP Porch, Enclosed : 183 0
Fireplaces FOP. i Porch, Open i 219 I 0
Endtn Cndin UBM —_ Basement, Unfinished 1,196 | 0
Basement §,285 2,870
Extra Features
_ , - ° Extra Features : ~ Legend
Code Description Size Value Bldg #
FPLI FIREPLACE-BRICK i : 1.00 UNITS $1,400 4 ;

2 of 3 1/26/2021, 6:17 PM

Vision Government Solutions

ind

http://gis.vgsi.com/winthropma/Parcel.aspx?Pid=2 1 66

Land Use Land Line Valuation
Use Code 1040 Size (Acres) 0.10
Description APT 2 UNIT Frontage 0
Zone Depth 0
Neighhorhood R4 Assessed Value $218,200
AltLand Appr No Appraised Value $218,200
Category
Outbuildings
cee ee eee nS nec ce neces nee cn ee ee cate a ee i ey
Outbuildings Legend
Code Description Sub Code Sub Description Size Value Bidg #
FGRi i GARAGE-AVE : | 400.00 S.F. | $5,200 41
Valuation History
i Appraisal
Valuation Year Improvements Land Total
2021 $277,200 $218,200 $495,400 :
2020 $267,700 $218,200 $485,900
2019 $256,400 $201,100 i $457,500 :
Assessment
Valuation Year Improvements Land Total
2021 $277,200 $218,200 $495,400
2020 $267,700 $218,200! $488,000 |
2019 $256,400 $201,100 $457,500 |

3 of 3

(c) 2021 Vision Government Solutions, Inc. All rights reserved.

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rand. OF WASEAGHUSCTTS STATE BULONG COOL.

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207 Pleasant St

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TOWN OF WINTHROP
OFFICE OF THE BUILDING COMMISSIONER

100 Kennedy Drive, Winthrop, MA 02152 Telephone: 617-846-4344 Fax: 617-539-5826
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: 207 Pleasant Street
Person Requesting: Kelli O’Hara

REASON FOR DENIAL:

The applicant seeks a permit to convert the current preexisting non-conforming 2 family
structure to a3 unit residential building. The permit was denied in accordance to the
Town of Winthrop Zoning By-Laws Chapter 17.12.130 three family dwellings are not
permitted in the RA district.

The applicant has submitted a registered plot plan showing the structures proposed
dimensions and a parking plan showing off street parking for four vehicles. Therefore, I
must assume that the proposed project will not meet the required parking provisions and
will require a parking variance.

Relief of the following will be required.

1. A variance pursuant to Section 17.52.030 (use variance) for relief from the
provisions of 17.12.130, Table of uses to establish a three family use in the RA
zone which does not allow for dwelling units exceeding two units.

2. A variance pursuant to Section 17,20,060 Table of Required Off-Street Parking,
determining two parking spaces per dwelling unit.

yy
Al Legee
Commissioner of Inspectional Servicers
May 5th 2021

KELLI O’HARA
207 PLEASANT STREET
WINTHROP, MA 02152

The owner currently has two legally recognized units at the above address. She proposes to
convert the home to a 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 Section 17.20 - Table of Off Street Parking Regulations.

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PLEASANT STREET

NOTE:

I HEREBY CERTIFY THAT THIS PLAN HAS
BEEN PREPARED FROM AN ACTUAL ON THE
GROUND INSTRUMENT, SURVEY.

PLOT PLAN OF LAND
IN

WINTHROP, MA

teofry

PAUL J. FINOCCHIO P.L.S. No.36115 DATE

PREPARED BY:

PUF & ASSOCIATES

4 HIGHLAND AVE WAKEFIELD,MA
PAUL J. FINOCCHIO—P.L.S.

(781)883-5473

SCALE: 1° = 20’

DEED REF.

DATE: APRIL 22, 2021

FILE Nos 7521B