Agenda
Town Council · from the Town's website · released Jul 16, 2024 · 11 pages · 2.2 MB
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WINTHROP TOWN COUNCIL
Town Council Members
Town Council President James Letterie MEETING AGENDA
Precinct 1 Councilor Costigan JULY 16, 2024
Precinct 2 Councilor Munson TOWN COUNCIL MEETING 6:30 PM
Precinct 3 VP- Councilor Belcher HARVEY HEARING ROOM
Precinct 4 Councilor Swope
Precinct 5 Councilor Aiello
Precinct 6 Councilor DaRos
Councilor at Large DeMarco
Councilor at Large Tassinari
CALL TO ORDER
ROLL CALL TOWN COUNCIL
PLEDGE OF ALLEGIANCE
PUBLIC HEARING
MINUTES
Approval of Minutes, July 2, 2024 as circulated
VaR YN
6. GENERAL INFORMATION AND RECOMMENDATIONS
Swearing in John Goodwin as Town of Winthrop’s Chief of Police
Water Rate Presentation
7. PUBLIC HEARING
Town Council transfer $80,000 from Cap. Stabilization / Stormwater Engineering Phase II
Short Term Rental
8 PUBLIC COMMENT
9. CORRESPONDENCE
10. COMMITTEE REPORTS
Intergovernmental Strategies
Finance Committee
11. SCHOOL DEPARTMENT REPORT
12, TOWN MANAGER REPORT
13. COMMISSION OF DIVERSITY, INCLUSION AND COMMUNITY RELATIONS
14. UPDATE POLICY MAKING COMMITTEES
15. OLD BUSINESS
Town Council transfer $80,000 from Cap. Stabilization / Stormwater Engineering Phase II
Short Term Rental
16. NEW BUSINESS
17. PUBLIC COMMENT
18. PUBLIC RELATIONS / UPCOMING EVENTS
¢ Winthrop Farmers Market Dates: June through October- 2" & 4" Sunday of the month Ingleside Park 9AM — 1PM
e 8-24-24 Accesible Adventures Fun Day at Deer Island
19, ADJOURNMENT
TOWN OF WINTHROP
OFFICE OF THE TOWN MANAGER
Town Hall, 1 Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1077 Fax: 617-846-5458
Anthony Marino
Town Manager
‘Town Council Motion
July 2, 2024 Fiscal Year 2025
Motion Summary
Title: Stormwater Study Phase 2
Motion ID: TCM25-001
Amount: $80,000
Funding Source: Capital Stabilization Fund
Motion Details
Motion Type: Transfer
Submitted by: Anthony Marino, Town Manager
Date Submitted: July 2, 2024
Text of Motion
MOTION: I move that the Town Council transfer $80,000 from the Capital Stabilization
Fund to the Stormwater Engineering special article account for Phase 2 of the Stormwater
Study for the Tileston Rd, Girdlestone Rd, and Pico Ave Areas; or take any other action
thereto.
Funding Details
Funding Source Funding Destination
Account Description Amount Account Description Amount
964 (Capital Stabilization Fund ($80,000 0196058-588214 [Stormwater Engineering {$80,000
Capital Stabilization Fund Balance: $1,865,806
Amount Requested: $80,000
Capital Stabilization after motion approval: $1,785,806
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 replace 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
J. 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 in thi iapter, the following terms shall
have the meanings indicated:
I. DEFINITIONS
BUILDING COMMISSIONER
The Building Commissioner of the Town of Wini
DWELLING
including, but not limited to, apartments ‘ondo
two- or multiple-unit residential buildin; |
wner of record on the deed and has
excepting however those
iose licensed under this chapter.
is'the o
OPERATOR (HOST):
Any Person operating a rm 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.
Ill. 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. &
J. Maximum Occupants :
No more than two (2) renters per bedroom are to be permitted i in any Short Terni Rental, No
more than a maximum of six (6) renters are to be be permitted’ jn in.any Short Term Rental, exclusive
of individuals under the age of 12. .
Iv. CONTACT INFORMATION.OF OWNER, OPERATOR 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 well ; as a 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 issued or for which a Short Term Rental Registration application is pending.
B. The 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 Setvices Department, Police Department, or Fire Department
to complaints regarding the condition or operation of the Short Term Rental. Contact
information must includé: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-iricluded 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 ofa
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”).
VIII. 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.
fined in accordance with the fine schedule herein o
failure to comply with a notice of violation or any:
F. Failure to Obtain a Registration..Any person w
Short Term Rental without a valid Short’ Term Rental Re;
eligible Dwelling Unit as a Short Term
be fined in accordance with the fine sc
jupon ' hom a notice of violation has been served may request a
equesting a hearing on the matter with the Inspectional
n days after the day the notice of violation was served.
g, the Inspectional Services Department shall notify the
ime of the hearing. The hearing shall be conducted by a
Hearing Officer designat h by the Town Manager and shall occur no later than three
(3) weeks after the date t pectional 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.
complainant of the pla
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. If a 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
Ifany 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
a conflict 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.
Ft alle an Se
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