Petition in Opposition to Development of 40R Banks Street, Winthrop, MA

            We, the undersigned citizens of Winthrop, Massachusetts are strongly opposed to any proposed residential development of the vacant wooded property known as 40R Banks Street, Winthrop, Massachusetts. The proposed development area is 350 feet from Belle Isle Marsh consisting of vacant densely forested growth completely landlocked in the center of a block of houses bounded by Banks Street, Main Street, Douglas Street, and Morton Street. The thicket of trees provides a natural habitat for wildlife and the protection of privacy for the neighboring houses. The proposed access road area floods regularly and abutters are concerned of increased flooding caused by the development. The access on Banks Street is insufficient as it is a 22' wide one way street. The abutters have opposed the development of this land several times over the last 35+ years and now this generation needs help to finally put an end to this development. Please help by signing the petition if you are a resident of Winthrop and it will be provided to public officials with the intent of stopping the development of 40R Banks Street, Winthrop, Massachusetts.

            The Winthrop Zoning Board of Appeals denied proposed residential projects on this property in 1988, 1990, 2006, and again in 2017. The former owner appealed the Winthrop Zoning Board of Appeals decision in 2006 and a Suffolk County Superior Court Judge denied the appeal on the grounds that the Zoning Board of Appeals was correct in denying the project because the property had inadequate frontage, the proposed construction is in contravention of local zoning bylaws, derogates from the character of the neighborhood, causes risk to public safety and safety hazards, and would nullify or substantially derogate from the intent or purpose of the Zoning by-laws. Nonetheless, a new developer is now trying to develop the property.  

            Despite the Zoning Board of Appeals (ZBA) denying the project 4 times and a Judge supporting the denial, a new developer purchased the lot for $30,000.00 in 2019 and is now trying to develop the same lot again. The developers, Glen and Jason Calla, are politically connected as their Mother, Linda Calla, is a former member of the town council and their brother Steven is the director of the DPW. At the recent Planning Board meeting of June 21, 2021, the developers' Mother advocated for the project and previously their brother Steven allowed a curb-cut for the property without approval of the project from the ZBA or Planning board. It appears that the Calla family has a complete disregard for the previous decisions made by the Zoning Board of Appeals, the Judge, and the pleas from abutters over the past 35 years that this property should not be developed. The only conclusion is personal financial gain is more important than the longstanding abutters and the greater Winthrop community. Several abutters appeared at the recent Planning Board meeting and voiced their opposition adamantly that this project is a bad idea for Winthrop and the direct abutters just as they did in 1988, 1990, 2006, and 2017.  

Winthrop should support the PEOPLE in the community not the PROFITS of the politically connected. All residents signing this petition seek to protect this property from development and respectfully request all Winthrop Public Officials to support this petition and deny all development projects at 40R Banks Street because:

1) The project does not comply with Winthrop's zoning by-laws and any waivers and/or variances requested are inappropriate given the totality of the circumstances.

2) In balancing the economic interests of the Developer against the interests of Winthrop in general and the neighborhood abutters in particular, the interest of Winthrop and the neighborhood abutters prevails because the development will have a detrimental effect upon the neighborhood and community at large. 

3) The project does not comply with Winthrop's 2014 Five-Year Strategic Plan for Economic Development that seeks to "capitalize on several of Winthrop's key strengths including- its natural environment... and the town's great neighborhoods." The economic development strategies include: promoting environmental resources to encourage visitors, improve accessibility to/from and within town, create a strong town center, and promote Winthrop as a great place to raise a family. The proposed project threatens these strategies chosen by the people of Winthrop. 

4) The project does not comply with Winthrop's 2016 Master Plan that focuses on development of the Winthrop Centre, Center Business District and the Middle School. The development of housing in an outlier densely populated block neighborhood is unnecessary and is not contemplated in the master plan.  

5) Under the Planning Board's identified regulatory objectives, the proposed development is not designed in a safe, efficient and aesthetically pleasing manner.

6) Under the Planning Board's identified regulatory objectives, the proposed development does not reflect the natural capabilities and limitations of the site as well as the characteristics and limitations of adjacent property.

7) Under the Planning Board's identified regulatory objectives, the proposed development is not visually harmonious as viewed from both within and from outside the site.  

8) Under the Planning Board's identified regulatory evaluation criteria, the proposed development will detract from the livability, scale, character or economic value of existing residential neighborhoods.

9) Under the Planning Board's identified regulatory evaluation criteria, the proposed development does not encourage sensitively planned development because it does not preserve open space for conservation or encourage the preservation, and minimum disruption, of the existing natural features of land and minimizing impacts on environmentally sensitive areas.

10. Under the Planning Board's identified regulatory evaluation criteria, the proposed development will have a negative impact on public facilities and services and on adjoining land.  

11. Under the Planning Board's identified regulatory evaluation criteria, the proposed development does not promote the efficient and economical provision of public facilities such as utilities and streets.

12. Under the Planning Board's identified regulatory evaluation criteria, the proposed development is not compatible with surrounding land uses, and that traffic and public services will be adversely impacted if approved.

13. Under the Zoning Board of Appeals' regulatory decisionmaking criteria, the proposed development requiring relief from the zoning bylaws can't be granted without substantial detriment to the public good and without nullifying nor substantially derogating from the intent or purpose of the zoning bylaws. The Developer has not shown a good-faith hardship nor an entitlement to permitting. 

14. The abutting neighborhood is densely populated and the addition of this development will contribute to an irresponsible over-population in the neighborhood and community.  

15. The development will cause increased traffic and parking issues on Banks Street which is already a narrow one-way road with existing parking problems.

16. The development will cause flooding problems for the neighbors as the property already has flooding problems and is in an area with a high-water table.

17. The increased water and sewage demands of the development may cause problems to the utility systems. Residents have water pressure issues already and are concerned with potential sewage back-up.

18. The development will decrease property values in the neighborhood and cause a loss of use and enjoyment of their now private backyards.

19. The development will be in the middle of 20 houses on the block causing undue construction nuisance of dirt, noise, and inconvenience.  

20. The development threatens fire safety even with a sprinkler system because the property is in the middle of a neighborhood block and not readily accessible. A snowstorm or parked vehicles could obstruct access for emergency services resulting in disaster for the new home as well as the abutters. Previous Winthrop Fire Department officials opined that access was an issue. The Superior Court Judge specifically credited the previous Winthrop Fire Department official's opinion in denying the appeal in 2006-2009. The ZBA board members of 1988, 1990, 2006, and 2017 all had concerns for access and safety with the proposed development.

21. The development is not in accordance with Winthrop's unique allure as a quaint environmentally focused ocean town offering a great place to live and raise a family. 

22. The detrimental effect of this projects is substantial and threatens the abutters, the environment, and the community-at-large.

Therefore, we, the undersigned residents of Winthrop, Massachusetts, respectfully request all Winthrop public officials accept this petition and deny all proposals for residential development of the property at 40R Banks Street, Winthrop, Massachusetts.