Agenda

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WINTHROP TOWN COUNCIL

Town Council Members
Town Council President James Letterie MEETING AGENDA
Precinct 1 Councilor Costigan AUGUST 20, 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

Penr

een

10.
il.
12.
13.

14,

15.

16.

17.

CALL TO ORDER
ROLL CALL TOWN COUNCIL
PLEDGE OF ALLEGIANCE
MINUTES
Approval of Minutes, August 6, 2024 as circulated

GENERAL INFORMATION AND RECOMMENDATIONS

PUBLIC HEARING

PUBLIC COMMENT
CORRESPONDENCE
COMMITTEE REPORTS
Rules & Ordinance Update on Short Term Rentals

SCHOOL DEPARTMENT REPORT

TOWN MANAGER REPORT

COMMISSION OF DIVERSITY, INCLUSION AND COMMUNITY RELATIONS
UPDATE POLICY MAKING COMMITTEES

OLD BUSINESS
Fire House Update
Update MBTA 3A Zoning

NEW BUSINESS
Release and abandonment of a Certain Right of Way (Summit Ave)
Air Rights Approval-50 Somerset Ave. (Overhang Roof)
Waive Town Council Rule 2(a) adding a Special Meeting 8-27-24

Waive Town Council Rule 2(a) Change September 3, 2024 Town Council Meeting Date

PUBLIC COMMENT

PUBLIC RELATIONS / UPCOMING EVENTS

e Winthrop Farmers Market Dates: June through October- 2™ & 4! Sunday of the month Ingleside Park 9AM — 1PM

8-24-24 Accesible Adventures Fun Day at Deer Island

8-27-24 Joint Meeting Town Council & Winthrop Planning Board at Senior Center
9-26-24 Winthrop Recovery Event at Town Hall 5:30-8:30

18. ADJOURNMENT

Early Voting for 9-3-24 State Primary at Town Hall- 8-24-24 until 5:00 PM then 8-26-24 through 8-29-24 Town Hall Hrs

LAW OFFICES OF STEPHEN T. DAVID. P.C.
601 HIGH STREET, SUITE 101
DEDHAM, MASSACHUSETTS 02026
TELEPHONE: 781-461-1060
FACSIMILE: 781-461-0286

Stephen T. David, Esq. Mena Curran, Paralegal
stephen sdavidlaw.com mena(«sdavidlaw.com

Eugene J. Kucinski, Esq.
euvenckucinskidsdavidlaw.com

May 20, 2024

Town Council of Winthrop, Massachusetts
Town Hall

1 Metcalf Square

Winthrop, MA 02152

RE: William P. Edgett, Jr. and Gina Edgett
76 Summit Avenue, Winthrop, MA

Dear Members of Town Counsel,

This office has been retained by William P. Edgett, Jr. and Gina Edgett, the
owners of the real property located at 76 Summit Avenue, Winthrop, Massachusetts (“the
Property”), concerning the release of a certain right of way held by the City of Winthrop.

Mr. and Mrs. Edgett took title to the Property by deed dated January 17, 2020 and
recorded with the Suffolk County Registry of Deeds in Book 62412, Page 71. The
Property is their primary residence,

Upon the western boundary of their property is a 10 ft wide strip of land which is
covered in concrete. Approximately five feet of this strip exists within the Property
boundary, and the other five feet lies on the real property having the address of 70
Summit Avenue, Winthrop, Massachusetts. This can be seen various plans. See plans
attached hereto as Exhibit I. This can also be seen by a bird’s eye view of the property.
See Google Map Image attached hereto as Exhibit Il, This strip of land was present when
my clients took title to Property. Jt appears that this strip of land has existed for some
time.

It is my understanding that the strip of land is subject to a right of way in favor of
the town of Winthrop. The lot which the Property is located was split from a common
owner in 1902. The deeds make a reference to the right of way. See Deeds attached
hereto as Exhibit IH. The fact that the strip of land is paved, and my understanding of its
former use for pedestrian access, further fortify my conclusion that Winthrop does indeed
have interest in a right of way. Further, there appears to be no documented abandonment

and no taking by Winthrop. Therefore, it appears that Winthrop maintains this right of
way in full force and effect to this day,

Upon information and belief, this strip of land formerly allowed pedestrian access
to the “Highlands” train Station, a stop on the former “Boston, Revere Beach & Lynn
Railroad,” from 1888-1940. See Historic Railroad Map attached hereto as Exhibit [V.
The right of way is labeled as “Summit Ave Path” on this map. The train appears to have
ceased operations in 1940, It does not appear that the path has provided any use or
service to the public since that time.

My clients have consistently maintained this path since they moved into the
Property. Unfortunately, the path has become of haven of homelessness and drug use,
The path is consistently filled with garbage, needles, and other waste, ‘These activities
have spilled off the path and onto my clients’ property. While my clients have used their

This being said, my clients are requesting a release of the right of way. They, and
their neighbor, seek to create a driveway to allow access to their respective properties.

As you are likely aware, M.G.L. ¢. 40, §15 provides a mechanism by which the
applicable officers of a city or town may abandon an easement or right of way which is
no longer required for public purposes. It is my clients’ position that the right of way is
no longer required for public purposes. Based on the railroad closing over eighty years
ago, and the unproductive and undesirable uses since, this will benefit both the Town and

my clients.

T have drafted a Release of Right of Way, as well as an Authorization to
Waive/Abandon Rights in Real Estate. They are attached hereto. I am also happy to
provide Microsoft Word versions of these documents should any edits be necessary. I am
requesting that these documents be signed and recorded. My clients are willing to pay

any necessary recording fees,

As stated, my clients desire to utilize the space in a practical and useful way. They
intend to begin the process as soon as possible. I expect their eagerness to be met with
expedient resolution by the town.

Should you have any questions or concerns, please do not hesitate to contact me.
Thank you for your time and attention to this matter.
Very Truly Yours,

I
Eugenet: Ski; Esq: EL

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Hearne Commonwealth of Massachusetts For Office Use Only |
ECEIVE Town of Winthrop -
Office of the Town Clerk ee —
2024 JUL -8 A Qoblidation for Overhanging Sign or Awning Permit Amount Paid: _ $25.00
a1 i Date: :

—_——_______.

BUSINESS NAME: Faretra Family Trust

ADDRESS OF SIGN LOCATION: 50 Somerset Ave., Winthrop, MA

OWNER’S NAME; Joseph Faretra, Trustee, Faretra Family Trust

OWNER’S ADDRESS: 46 Bellevue Avenue, Winthrop, MA 02152

contractor: TBD PHONE No.: 617-294-9540

OVERHANG SPECIFICATIONS.

The proposed project is a 4 story apartment buildings with 20 apartments. There are “bump outs “on the

sides on Somerset and Cottage Park that are 3 feet by 12 feet. Additionally, there is an overhang on the
front of the building on floors 3 and 4 that extends out over the sidewalk but is still within the property
ine.

2. Length of Projection: 3x12 (Cottage Park bump out) and 3x12 (Somerset bump out), Overhang (18.5 x 27.2)

3. Height Above Sidewalk: Somerset bump out (16.5 ft.), Cottage Park (16.5 {026.1 1ft.)
Overhang in front - 26.1 1ft.

1. Describe Project:

INSURANCE BOND ON FILE: __ YES __NO_ In process

PLAN ON FILE: X_ YES ___NO

FOR OFFICE USE ONLY

Signature of City Council President: Date of Approval:

Permit Issued:

Signature of City Clerk:

(SEAL)