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WINTHROP TOWN COUNCIL
Town Council Members
Town Council President James Letterie MEETING AGENDA
Precinct 1 Councilor Costigan JUNE 18, 2024
ee ee TOWN COUNCIL MEETING 6:30 PM
Precinot d Councilor Swope HARVEY HEARING ROOM
recinct 4 Councilor Swope
Precinct 5 Councilor Aiello
Precinct 6 Councilor DaRos

Councilor at Large DeMarco
Councilor at Large Tassinari

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CALL TO ORDER
“ROLL CALL TOWN COUNCIL
PLEDGE OF ALLEGIANCE
PUBLIC HEARING
MINUTES
Approval of Minutes, June 4" & June 11", 2024 as circulated

GENERAL INFORMATION AND RECOMMENDATIONS
Town Manager Update on Fire Station

PUBLIC HEARING

PUBLIC COMMENT
CORRESPONDENCE

COMMITTEE REPORTS

Appoiniment Commissions & Committees
Intergovernmental Strategies

Finance Committee

SCHOOL DEPARTMENT REPORT

TOWN MANAGER REPORT

COMMISSION OF DIVERSITY, INCLUSION AND COMMUNITY RELATIONS

UPDATE POLICY MAKING COMMITTEES

OLD BUSINESS

Elementary Schools Potential Roof & Solar Project-Review Gorman & Cummings Solar Power Purchase
Agreements (PPA’s) and Lease Agreement

Flood Plain Zone Recommendation from Planning Board

Town Council adopt the updated version of the Short Term Rental Ordinance (Air BnB)

NEW BUSINESS

Memorial Sign Plate Hermon & Atlantic- Veteran Ronald “Lou” Camacho

Tree Committee — Tree Removal

Town Council vote to waive Rule 2a for July dates and have Town Council Meetings the 9" & 23"
Appointments/Re-Appointments

PUBLIC COMMENT

PUBLIC RELATIONS / UPCOMING EVENTS

e 6-27-24-Winthrop Public Library Celebrates it’s 125" Anniversary from 5-7 pm

e 7-16-24 Winthrop Planning Board Meetings/MBTA 3A Zoning with RKG Associates, Sr. Center 6:00PM
e Winthrop Farmers Market Dates: Begins June 16" through October Ingleside Park 9AM — 1PM

19. ADJOURNMENT

TOWN OF WINTHROP
OFFICE OF THE TOWN COUNCIL

Town Hall, 1 Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1077 Fax: 617-846-5458

MOTION

Submitted by: James Letterie Date: 6-13-24

TEXT OF MOTION

MOTION: I move that the Town Council delete in its entirety the current version of
Chapter 17.40, entitled “FLOOD HAZARD CONTROL REGULATIONS” and insert in
its place a new Chapter 17.40, entitled “ ESTABLISHMENT AND SPECIAL
REGULATIONS PERTAINING TO THE FLOODPLAIN OVERLAY DISTRICT”

ATTACHED New Chapter 17.40

UPDATED
5 JUNE 2024
SUPERSEDES PREVIOUS VERSIONS

ESTABLISHMENT AND SPECIAL REGULATIONS PERTAINING TO THE FLOODPLAIN OVERLAY DISTRICT
17.40.010. Purpose

The purpose of the Floodplain Overlay District is to:

(1) Ensure public safety through reducing the threats to life and personal injury; (2)Eliminate
new hazards to emergency response officials; (3) Prevent the occurrence of public emergencies
resulting from water quality, contamination, and pollution due to flooding; (4 )Avoid the loss of
utility services which if damaged by flooding would disrupt or shut down the utility network and
impact regions of the community beyond the site of flooding; (5) Eliminate costs associated with
the response and cleanup of flooding conditions; (6)Reduce damage to public and private
property resulting from flooding waters; and, (7)Minimize potential loss of life, destruction of
property, and environmental damage resulting from storms, flooding, erosion, and relative sea
level rise.

17.40.020 Floodplain Overlay District Boundaries

The Floodplain District is herein established as an overlay district. The Floodplain Overlay
District consists of the Federal Floodplain District and the Future Flood Risk District.

17.40.030 Federal Floodplain District

The Federal Floodplain District includes all special flood hazard areas designated on the

Town’s special flood hazard areas within the Town of Winthrop and designated as Zone AE, AO
or VE on the Suffolk County Flood Insurance Rate Map (FIRM) issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National Flood Insurance
Program. The map panels of the Suffolk County FIRM that are wholly or partially within the
Town of Winthrop are panel numbers, 25025C0038J, 25025C0039J, 25025C0082J,
25025C0101J and 25025C0102J dated March 16, 2016 and panel 25025C0019K dated July 3,
2024. The exact boundaries of the district may be defined by the 100-year base flood elevations
shown on the FIRM and further defined by the Suffolk County Flood Insurance Study (FIS)
report dated July 3, 2024. The FIRM and FIS report are incorporated herein by reference and are
on file with the Town Clerk, Planning Board, Building Commissioner, Conservation
Commission, and Department of Public Works. These maps, and the accompanying floodplain
management regulations, are incorporated herein by reference.

17.40.040 Future Flood Risk District

The Future Flood Risk District includes areas projected to be subject to future flooding with 2.4
feet of sea level rise. The exact boundary of the Future Flood Risk District is defined by the
Massachusetts Coast Flood Risk Model (MC-FRM) "2.4 Foot Sea Level Rise" map dated May 1,
2022, or the most current version of the MC-FRM, on file with the Town Clerk, Town Manger,
and Building Commissioner.

Sea level rise impacts are projected to include more frequent flooding and greater depths of
flooding in the Federal Floodplain District and expanded areas of flood risk outside the Federal
Floodplain District. The Future Flood Risk District map is for the purpose of understanding and
planning for future flood risk. State flood resistant construction codes apply only in the Federal
Floodplain District.

17.40.050 Designation of Floodplain Administrator

The Town of Winthrop hereby designates the Town Manager to be the official floodplain
administrator for the Town.

17.40.060 Permit Requirements

The Town of Winthrop requires a permit for all proposed construction or other development in
the floodplain overlay district, including new construction or changes to existing buildings,
placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage
facilities or drilling, mining, paving and any other development that might increase flooding or
adversely impact flood risks to other properties.

Winthrop's permit review process includes the requirement that the applicant obtain all local,
state and federal permits that will be necessary in order to carry out the proposed development in
the floodplain overlay district. The applicant must acquire all necessary permits and must
demonstrate that all necessary permits have been acquired.

Permit applicants in the Floodplain Overlay District shall identify future flood risk including the
projected frequency and depth of flooding as shown on the MC-FRM "2.4 Foot Sea Level Rise"
map dated May 1, 2022, and on the "2.4 Foot Sea Level Rise Flood Depth" map dated May 1,
2022, or the most current version of the MC-FRM, on file with the Town Clerk, Town Manager,
and the Building Commissioner. Applications shall include a narrative, on a form designated by
the Town, describing proposed methods to minimize future flood impacts to the property and
surrounding areas.

17.40.070 Use Regulations

For the purposes of this Section, residential dwelling, structure, or construction shall mean a
dwelling unit, a single-family detached dwelling, a two-family dwelling, or a multi-family or

apartment dwelling, except these standards shall not apply to mixed uses.
The following shall be prohibited in VE zones:

A. New construction of a residential dwelling.

B. Movement, alteration, or expansion of an existing residential dwelling or structure, repair of a
substantially damaged structure, or reconstruction of an existing structure so as to increase its lot
coverage in the VE zone.

The following shall apply in the AE zone:

A. New residential and/or accessory construction shall conform to underlying zoning
requirements, except that increased lot coverage within the AE zone shall not exceed 10% of the
AE zone.

B. In the case of the movement, alteration, or expansion of an existing residential and/or
accessory structure, such activities shall not cause the increased lot coverage of all structures
within the AE zone to exceed 10% of the AE zone.

17.40.080 Floodway Encroachment

In Zones A, Al-30, and AE, along watercourses that have not had a regulatory floodway
designated, the best available Federal, State, local, or other floodway data shall be used to
prohibit encroachments in floodways which would result in any increase in flood levels within
the community during the occurrence of the base flood discharge.

In Zones Al-30 and AE, along watercourses that have a regulatory floodway designated on the
Town's FIRM encroachments are prohibited, including fill, new construction, substantial
improvements, and other development within the adopted regulatory floodway unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result in any increase in flood
levels within the community during the occurrence of the base flood discharge.

17.40.090 Unnumbered A Zones

In A Zones, in the absence of FEMA Base Flood Elevation (BFE) data and floodway data, the
building department will obtain, review and reasonably utilize base flood elevation and floodway
data available from a Federal, State, or other source as criteria for requiring new construction,
substantial improvements, or other development in Zone A as the basis for elevating residential
structures to or above base flood level, for floodproofing or elevating nonresidential structures to
or above base flood level, and for prohibiting encroachments in floodways.

17.40.100 AO and AH zones drainage requirements

Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around
structures on slopes, to guide floodwaters around and away from proposed structures.

17.40.110 Subdivision proposals

All subdivision proposals and development proposals in the floodplain overlay district shall be
reviewed to assure that:

(a)Such proposals minimize flood damage.(b)Public utilities and facilities are located &
constructed so as to minimize flood damage.(c)Adequate drainage is provided.

When proposing subdivisions or other developments in the Federal Floodplain District greater
than 50 lots or 5 acres (whichever is less), the applicant must provide technical data to determine
base flood elevations for each developable parcel shown on the design plans.

17.40.120 Recreational vehicles

In AE, AO and VE zones, all recreational vehicles to be placed on a site must be elevated and
anchored in accordance with the zone's regulations for foundation and elevation requirements or
be on the site for less than 180 consecutive days or be fully licensed and highway ready.

17.40,130 Protection of dunes
Alteration of sand dunes is prohibited when the alteration would increase potential flood damage.
17.40.140 Watercourse alterations

In a riverine situation, the Conservation Agent shall notify the following of any alteration or
relocation of a watercourse:

a. Adjacent Communities, especially upstream and downstream
b. Bordering States, if affected*NFIP State Coordinator
c. NFIP Program Specialist

17.40.150 Requirement to Submit New Technical Data

If the Town acquires data that changes the base flood elevation in the FEMA mapped Special
Flood Hazard Areas, the Town will use its best efforts, within 6 months, to notify FEMA of these
changes by submitting the technical or scientific data that supports the change(s.) Notification
shall be submitted to:

a. NFIP State Coordinator
b. NFIP Program Specialist

17,40.160 Variances to building code floodplain standards
The Town will request from the State Building Code Appeals Board a written and/or audible
copy of the portion of the hearing related to the variance, and will maintain this record in the

community's files.

The Town also shall issue a letter to the property owner regarding potential impacts to the
annual premiums for the flood insurance policy covering that property, in writing over the

signature of the Town Manager that (i) the issuance of a variance to construct a structure below
the base flood level may result in increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level
increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced
development in the floodplain overlay district.

17.40.170 Variances to local Zoning Ordinances related to community compliance with the
National Flood Insurance Program (NFIP)

A variance in the Federal Floodplain District from these floodplain ordinances must meet the
requirements set out by State law and may only be granted if: (1) Good and sufficient cause and
exceptional non-financial hardship exist; (2) the variance will not result in additional threats to
public safety, extraordinary public expense, or fraud of the public; and, (3) the variance is the
minimum action necessary to afford relief.

17,40.180 Abrogation and Greater Restriction

The floodplain management regulations found in this Floodplain Overlay District shall take
precedence over any less restrictive conflicting Zoning Ordinance provision.

17.40.190 Disclaimer of Liability

The degree of flood protection required by this ordinance is considered reasonable but does not
imply total flood protection.

17.40.200 Severability

If any section, provision, or portion of this ordinance is deemed to be unconstitutional or invalid
by a court, the remainder of the ordinance shall be effective.

17.40.210 Definitions

DEVELOPMENT means any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials. [US Code of
Federal Regulations, Title 44, Part 59]

FLOODWAY. The channel of the river, creek or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height.

FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, but does not include long-term storage or related
manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59]

HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title
44, Part 59]

HISTORIC STRUCTURE means any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior or

(2) Directly by the Secretary of the Interior in states without approved programs.

[US Code of Federal Regulations, Title 44, Part 59]

NEW CONSTRUCTION. Structures for which the start of construction commenced on or after
the effective date of the first floodplain management code, regulation, ordinance, or standard
adopted by the authority having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial improvement.
[Referenced Standard ASCE 24-14]

RECREATIONAL VEHICLE means a vehicle which is:

(a)Built on a single chassis;

(b)400 square feet or less when measured at the largest horizontal projection;

(c)Designed to be self-propelled or permanently towable by a light duty truck; and,
(d)Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.

[US Code of Federal Regulations, Title 44, Part 59]
REGULATORY FLOODWAY - see FLOODWAY.

SPECIAL FLOOD HAZARD AREA. The land area subject to flood hazards and shown on a
Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH,
V, VO, VE or V1-30.

START OF CONSTRUCTION. The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after
the date of issuance. The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of a
slab or footings, installation of pilings or construction of columns.

Permanent construction does not include land preparation (such as clearing, excavation, grading
or filling), the installation of streets or walkways, excavation for a basement, footings, piers or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main building. For a substantial
improvement, the actual "start of construction" means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that alteration affects the external
dimensions of the building.

STRUCTURE means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a manufactured
home.

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.

SUBSTANTIAL REPAIR OF A FOUNDATION. When work to repair or replace a foundation
results in the repair or replacement of a portion of the foundation with a perimeter along the base
of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation
measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine it to be substantial
repair of a foundation. Applications determined by the building official to constitute substantial
repair of a foundation shall require all existing portions of the entire building or structure to meet
the requirements of 780 CMR. [As amended by MA 9th Edition BC]

VARIANCE for purposes of this Section means a grant of relief by a community from the terms
of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]

VIOLATION means the failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A structure or other development without
the elevation certificate, other certifications, or other evidence of compliance is presumed to be
in violation until such time as that documentation is provided. [US Code of Federal Regulations,
Title 44, Part 59]

ZONE AE means area of special flood hazard with water surface elevations determined.

ZONE VE means coastal area of special flood hazard with water surface elevations determined
and an additional hazard associated with storm waves.

17.40.220 Effective Date

Notwithstanding any General Law or Ordinance to the contrary, this Section shall take effect
immediately upon passage by the Town Council.

Dated: June , 2024.

TOWN OF WINTHROP
OFFICE OF THE TOWN COUNCIL

Town Hall, 1 Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1742

MOTION

Submitted By: Vice President Belcher Date: June 10, 2024

Motion: Motion for the council to adopt the updated version of the Short Term Rental Ordinance
as attached herein, to teplace the existing mentions of ‘transient lodging’ in the Winthrop Code of
Ordinances, chapter 17, section 49 (17.49).

Town of Winthrop Short Term Rental Ordinance

I. PURPOSE

The purpose of this chapter is to protect the health, safety, and welfare of both the occupants of
short term rental units and the general public and to maintain the quality of life in residential
neighborhoods and the availability of the Town’s housing stock. It will assist the Town in the
enforcement of state and local health and safety regulations and provide a method of correcting
violations when requiring immediate attention. As used i in this chapter, the following terms shall
have the meanings indicated: :

Il. DEFINITIONS

BUILDING COMMISSIONER
The Building Commissioner of the Town of Winthrop or his designee.

DWELLING : : : 2
Any building or area in a building used ¢ or intended for use e for human habitation,

including, but not limited to, apartments, cond miniums, guesthouses, one-,

two- or multiple-unit residential buildings/dwellings provided that such building or dwelling is
the primary residence of the Operator or the Operator is the owner | of record on the deed and has
a primary residence also in the Town of Winthrop ; ag defined below, excepting however those
licensed under any sta local laws or regulations other than those licensed under this chapter.

INSPECTIONAL SERVICES DEPARTMENT 4
Consisting of T own. rot Winthey | Building and Healtit Departments.

OCCUPAN cy :
The use or Possession of or ‘the right to use or possess a short term rental.

OCCUPANT (GUEST) ,
Any individual residing overnight | in a short term rental.

OPERATOR (ost) © 7
Any Person operating a short.

erm rental in his/her/their primary residence.

OPERATOR’S AGENT

A Person or entity who, on behalf of an operator of a short term rental: (i) manages the operation
or upkeep of a property offered for rent; or (ii) books reservations at a property offered

for rent.

OWNER
Any Person whom alone or severally with others has legal or equitable title or a beneficial
interest in the real property where the dwelling unit is contained.

SHORT TERM RENTAL

A residential dwelling or any bedroom within a dwelling of an owner-occupied home rented
through the use of advance reservations, for a fee, for a period of not more than 31 consecutive
calendar days, excluding: hotels licensed under M.G.L. Chapter, 140, § 6; motels licensed under
M.G.L. Chapter 140, § 32B.

I. SHORT TERM RENTAL REGISTRATION

A. Registration Required:

No Owner shall rent, or offer to rent, any Short-Term Rental prior to registering with the
Inspectional Services Department. No tenant or lessee of an Owner shall let or sublet a Short
Term Rental under any circumstances.

B. Limits on Number of Registrations per Owner
A maximum of one Short Term Rental registrations shall be issued per owner, per dwelling.

C. Compliance

A dwelling used as a Short Term Rental shall be in compliance with the provisions of all state
and local health and safety laws, ordinances, and regulations. Demonstration of compliance shall
be in the form of a sworn affidavit submitted as part of the registration application described in
Section D below to the Inspectional Services Department prior to occupancy. Operators shall
comply with all applicable federal, state, and local laws, ordinances, and regulations, including,
but not limited to, Chapter 133 Noise, Chapter 353, Art. 1, Storage of Garbage and Refuse, the
Fair Housing Act, G.L. c. 151B, and local equivalents and regulations related thereto, and all
other regulations applicable to residential dwellings, except as specifically set forth otherwise
herein.

D. Issuance of Short Term Dwelling License Required

The Owner of the dwelling shall be required to complete a short term rental registration
application, the form and content of which shall be developed and provided by the Winthrop
Board of Licensing. The Board of Licensing shall, upon receipt of such application, request an
inspection be performed by the Health, Inspectional Services, and Fire Department for purposes
of determining suitability and habitability of the proposed Short Term Dwelling Unit. Upon
receipt of the report the Board of License shall convene a public hearing upon the application for
Short Term Dwelling Unit.

E. Registration Renewal

Short term rental registrations shall be renewed annually after a satisfactory inspection by
Inspectional Services, Health, and Fire Departments and upon payment of the $200 annual
renewal fee.

F. Fees and Taxes

The fee for a short term rental registration or a renewal of a registration shall be initially set at
$200.00 and thereafter may be modified by the Town Manager. In addition, each Short Term
Rental shall be subject to applicable state tax and Winthrop local tax upon each rental period.

G. Non-Transferability

Short term rental registrations shall be granted solely to an Owner and shall not be transferable or
assigned to any other person, legal entity, or address. The registration does not run with the
property; it shall be terminated upon sale or transfer of the property for which the registration has
been issued.

H. Limits on Number of Registrations Town-wide

The number of short-term rental registrations issued by the Town shall not exceed 1.5% of
current properties in Winthrop as determined by the Assessor’s, office at one time. The maximum
number of short-term rental registrations may be adjusted by. the Town Council. Short term
rental applications will be evaluated on a first come/first serve ‘basis as submitted to the Town
Clerk’s Office. A waitlist will be managed by the Town Clerk.

I. Publication of Registration Number :
The Town-issued registration number shall be included on any listing offering the Short Term
Rental for rent. 2S,

J. Maximum Occupants
No more than two (2) renters per bedroom are to be parniitte in any Short Term Rental. No

more than a maximum of six (6) renters are to. be ¢ permitted i in any Short Term Rental, exclusive
of individuals under the age of 12. :

IV. CONTACT INFORMATION OF OWNER, OPERA’ (OR AND/OR OPERATOR’S AGENT
A. An Owner of a Short Term Rental shall provide ‘the Board of Licensing and the Inspectional
Services Department'with his/her current residential address and telephone number upon
application for a Registration as we asa full and complete list or persons (as defined above) or
who have a direct or indirect interest in any property for which a Short Term Rental Registration
has been i i sued or for: which a Short Term Rental Registration application is pending.

B. The t name and contact {information of the Operator must be provided, along with the name
and contact information of an Operator’ s Agent, if different from the Operator, who is able to
respond in person to any issues or emergencies that arise during occupancy within one (1)
hour of contact by Inspectional Services Department, Police Department, or Fire Department
to complaints regarding the condition or operation of the Short Term Rental. Contact
information must include-a telephone number that is available 24 hours per day, 7 days a
week to Short Term Rental Occupants and the above-stated public safety agencies. This
contact information shall be included in the application for a Short Term Rental Registration
and shall be posted conspicuously within the rental unit.

C. Keeping of Register

The Operator or Operator’s Agent shall be responsible for keeping a register containing the name
of the Occupant who is the leaseholder, total number of occupants, the names of each occupant,
and dates of occupancy. The register shall be retained for a period of two (2) years and shall be
made available upon request to Inspectional Services Department staff, police, or other duly
appointed or authorized code compliance staff of the Town of Winthrop.

V. INELIGIBLE UNITS

The following are not eligible to be rented or offered to rent as Short Term Rentals:

1. Dwellings designated as below market rate or income-restricted, that are subject to
affordability covenants, or that are otherwise subject to housing or rental assistance under
local, state, or federal law;

2. Family Apartments or Accessory Affordable Apartments;

3. Dwellings subject to any requirement of local, state, or federal law that prohibits the
leasing or subleasing of the unit or use of the unit as a Short Term Rental;

4, Dwellings that are the subject of any outstanding building, sanitary, zoning, or fire code
violations, orders of abatement, or stop work orders;

5. Properties designated as Problem Properties under Chapter 160.

VI. FAILURE TO PAY OR TO MAKE SUITABLE ARRANGEMENTS FOR THE
PAYMENT OF MUNICIPAL TAXES, FEES, ASSESSMENTS, AND CHARGES

The privilege of receiving or holding a Short Term Rental Registration is contingent upon the
timely payment of municipal and district taxes, fees, assessments, and charges. Failure of a
Person to comply with this requirement shall be cause, after notice and hearing pursuant to the
requirements of G.L. c. 40, § 57, for denial, suspension, amendment, or revocation of a Short
Term Rental Registration for any and all property in which the person holds a direct or indirect
ownership interest, as above defined.

VII. INSPECTIONS
Short term Rentals shall be subject to reasonable inspections by Town inspectional
staff (“Inspectors”).

VII. COMPLAINT PROCESS, VIOLATIONS

A. Complaint. A complaint alleging that a Short Term Rental is in violation of this Chapter or
any applicable law, code or regulation may be filed with Commissioner of Inspectional Services.
The complaint must contain the Short Term Rental address, unit number, date

and nature of alleged violation(s), and name and contact information of complainant.

B. Written notice of any violations of this chapter shall be treated as a complaint and may also
be given by Inspectors. The notice shall specify the nature of the violation to the Occupant

and Owner and the time within which compliance must be achieved. The requirements of this
subsection shall be satisfied by mailing such notice, through the United States Postal Service
by certified mail, or by delivering in hand such notice as memorialized by an affidavit of any
Town employee or officer authorized to serve any form of process notice to the Owner or

legal representative named on the registration application.

C. Any notice required or contemplated by this chapter shall be deemed sufficient if delivered to
or mailed to the mailing address listed by the owner on the Short Term Rental Registration
application then on file with the Winthrop Board of Licensing. A written change-of-address
notice signed by the Owner/s and delivered to the Winthrop Board of Licensing may be filed at
any time.

D. Review of Complaint. The Commissioner or his designee to investigate complaint(s)within a
reasonable time frame and shall determine whether there may be a violation. If the alleged
violation is under the jurisdiction of another city or state or federal agency, the Commissioner
shall refer the complaint to such agency for further action. Upon a finding of a potential
violation, the Commissioner or designee shall serve notice of the violation upon the Owner of the
Short Term Rental. The Commissioner shall keep records of all complaints received and
determinations made and shall provide a copy of same to the Winthrop Board of Licensing.

E. Offering an Ineligible Unit as a Short Term Rental. Any person who offers a unit as a
Short Term Rental, where such unit is not an eligible Dwelling Unit or is not registered, may be
fined in accordance with the fine schedule herein on.a per violation per day basis. Each day's
failure to comply with a notice of violation or any other order shall constitute a separate
violation. The Commissioner or a designee may also seek an injunction from a court of
competent jurisdiction prohibiting the offering of the unit as a Short Term Rental.

F. Failure to Obtain a Registration, Any person who offers an eligible Dwelling Unit as a
Short Term Rental without a valid Short Term Rental Registration, or any person ‘who offers an
eligible Dwelling Unit as a Short Term: Rental while the unit's registration is suspended, may
be fined in accordance with the fine schedule herein on a per violation per day basis. Each
day's failure to comply with a notice of violation or any. other order shall constitute a separate
violation. -

G. Failure to Comply with Notice of Violation. Any person who fails to comply with any
notice of violation or other’ order issued pursuant to.this section by the Commissioner or a
designee for a-violation of any provision of this section may be fined in accordance with the fine
schedule herein on a per violation per day basis Each day’s failure to comply with a notice

of violgyon’ or any other order shall constitute a separate violation.

H. Right to Hearing. A person. upon ‘tiom a notice of violation has been served may request a
hearing by filing-a written petition requesting a hearing on the matter with the Inspectional
Services Department within fourteen days after the day the notice of violation was served.
Upon receipt ofa petition for hearing, the Inspectional Services Department shall notify the
complainant of the place, date:and time of the hearing. The hearing shall be conducted by a
Hearing Officer designated as such by the Town Manager and shall occur no later than three
(3) weeks after the date the Inspectional Services Department receives the petition for

hearing. The time period in which violations must be remedied shall be stayed upon receipt

of the petition for a hearing until such time as the hearing is held and the Hearing Officer has
issued a decision.

I. Decision. Within seven days after the conclusion of the hearing, the Commissioner or
designee shall sustain, modify, or withdraw the notice of violation and shall inform the
person upon whom a notice of violation has been served, in writing, of its decision and the
reasons therefore. If the Inspectional Services Department sustains or modifies the notice of
violation, said violation shall be remedied within the time period allotted as issued or in the

modification.

J. Violations of an unoccupied dwelling shall be corrected prior to occupancy. Violations
found in an occupied dwelling shall be corrected within the time specified as determined by the
Inspectors.

K. Ifa written petition for a hearing is not filed within fourteen (14) days after the notice of
violation has been served, or if, after a hearing, the notice of violation has been sustained in
any part, each day's failure to comply with the notice of violation within the time allotted as
issued or modified shall constitute a separate violation.

L. Registration Suspension, Modification and Revocation

In addition to, and not in lieu of, the penalties that may be assessed pursuant to this chapter, the
Winthrop Board of Licensing, after notice and public hearing, may suspend, revoke or

modify any or all registration approvals issued hereunder to an Owner for violation of these
regulations or of any conditions imposed by the Inspectional Services Department,
notwithstanding that a violation may have been found with respect to one or more, but not all of
the registered properties held by an owner. These remedies shall be non-exclusive.

M. Judicial Appeals

Any person aggrieved by a final decision of the Hearing Officer and Inspectional Services
Department with respect to a notice of violation or any other order issued under this section may
seek relief therefrom in any court of competent jurisdiction.

N. Penalties

If any Occupant, Operator or Owner violates any provision of this chapter, the Owner may

be subject to a fine in accordance with the following:$150 1 st Offense; $300 2nd Offense and
each subsequent offense. Each day that a violation exists constitutes a separate offense.

O. Enforcement

The Town may enforce the provisions of this chapter by any or all of the following: the
noncriminal disposition process of M.G.L. c. 40, s. 21D; by seeking to restrain a violation by
injunction; and by filing a complaint in any court of competent jurisdiction.

P. Regulations
The Inspectional Services Department may adopt regulations, policies and procedures for the
implementation of this chapter.

Q. Severability

Each provision of this Chapter shall be construed as separate. If any part of this Chapter shall be
held invalid for any reason, the remainder shall continue in full force and effect. In the event of
aconflict between this chapter and any other chapter of the General Ordinances, this chapter
shall control.

R. Annual Reporting by the Town Manager
The Town Manager shall annually report to the Council on the statistical data relating to Short

Term Rentals, their success stories, problems, suggested regulatory and zoning changes, if any,
for Council and/or Planning Board consideration, and any other information deemed helpful to
the Council’s assessment of community impact.

TOWN OF WINTHROP
OFFICE OF THE TOWN COUNCIL

Town Hall, 1 Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1742 Fax: 617-539-0812

MOTION

Submitted By: Memorials Committee Date: 6-13-24

TEXT OF MOTION

That the Town Council accepts the following memorial as voted by the Memorials
Committee with a positive recommendation:.

Veterans Street Plate for Ronald “Lou” Camacho at the corner of Hermon & Atlantic