Agenda
Town Council · from the Town's website · released Sep 2, 2025 · 25 pages · 4.4 MB
open the file ↗ · original at the source ↗
ZOOM INFORMATION Meeting ID: 87407473357# Passcode: 487031 Phone: 1-646-931-3860 r Town Council Members etter MEETING AGENDA own Council Presi lent james etterie SEPTEMBER 2, 2025 Precinct I Councilor Costigan Precinct 3 VP- Councilor Belcher 6:30 PM Precinct 4 Councilor Swope HARVEY HEARING ROOM Precinct 5 Councilor Aiello WINTHROP TOWN COUNCIL Precinct 6 Councilor DaRos Councilor at Large DeMarco Councilor at Large Tassinari CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 1. MINUTES Approval of Minutes August 12, 2025 as circulated 2. GENERAL INFORMATION AND RECOMMENDATIONS Water Rescue Citations Police Chief Good discussion on E-Bikes, Mopeds and Motorized Scooters 3. PUBLIC COMMENT. 4. CORRESPONDENCE 5. COMMITTEE REPORTS FHBC UPDATE 6. SCHOOL DEPARTMENT REPORT 7. UPDATE POLICY MAKING COMMITTEES 8. TOWN MANAGER REPORT 9. OLD BUSINESS © Town Council vote to approve the draft of the ADU Ordinance without a recommendation from the Planning Board. e Ordinance Review Committee recommendation-Town Council Change/Abandonment ¢ NEW BUSINESS e Airport & Nautical Committee e Town Council vote in favor of Rep. Turco’s Bills # 2343-2344-2345 in reference to MBTA 3A Exemption © Motion to request the Planning Board to review the current parking requirements in the CBD for consideration of a possible modification to current Ordinance * Town Council vote to Accept MGL c.138 §12D that On Premise Wine & Malt Current License Holders can trade their license for a An All Alcohol On Premise Liquor License (ABCC Application must be completed and approved by our BOL and then submitted to the ABCC for final approval) ¢ Town Council Adopt Proclamation that the Town of Winthrop is a welcoming and inclusive community that values the dignity, rights and contributions of all residents, regardless of their immigration status 10. PUBLIC COMMENT 11. PUBLIC RELATIONS / UPCOMING EVENTS © Nomination Papers for the Local Election 11-4-25 Available Clerks Office/Deadline September 16, 2025 o Farmers Market Every Sunday June through Sept. 9-1pm-Ingleside Park o Committee Opening for Board of License Member 12, ADJOURNMENT John B. Goodwin Chiet of Police M.G.L. Ch.90 § 4: E-Bikes, Mopeds, Motorized Scooters Town of Winthrop Police Department A Mbeteait Sq. Winthrap, Mavsarheseis 2152 Deteg Gb) Sete h 202 Parideh)) See 8a Contains definilions, classifications of machine, where they may operate. M.G.L. Ch. 90C: for victations $20/830, 90 § 16 $55 CMVI for restricted way (USE MACKS for more) Key Requirements E-Bike Powers up bo 20 MPH 1 power engages aver 20 mph Nis not an E-bike, Syver 2limph must be nesull of postaling, May nat be eradified to incraas® speed, Anylhing over this spond mua be (reaied as a moped or motorized sooner Powors Up to 30 MPH 1 power engages over 30 meh His net a moped, Pexdals do riot charype the classification af this machine Anything aver this spor should tre classifind 1% a Moatoreycts Pornissibility of use Can be ubtiged in all bike lanes, hiniess specitind olhorwise by town ordinance}, Au) ners fade, no more than 2 abreast, may Pass on right. impermissible Use Sidewalks, limited acorss | highways, any natural surface trail designed for non- motored traffic Parmissibility of use Can be ubfized in all bike lanes, (uriless epacitied olhervige by town ordinance), All normal roads, impermissible Use Sidewalics, limated acooss highways, any naifuril surface trail designed for nan: motored trafic, oF rectealional bike palhs Ne license or perrnit required Mo registration Equipiriset laws the aane a8 petal bikes. Helmets must be worn under 5 0h, SOC violations $20 FAILURE TO ID OR FALSE INFO ARREST BS§ 11E Key Requirements e Valid License oe permit rolined (Do rial Arrest} Registration and decal required (90 § 10) Helmets mars! be wan by all riders at all ages SOG citabone $30 908 1B all equigment ant trafic violations FAILURE to stop! provide license! reg ARREST 90 og? 25 Motorized Scooter Ho Maximum Speod | Covers all hwo wheeled in | lanier or three whenhed machines that OO NOT | QUALIFY AS E-BIKE, MOPED, of Motoreynle Pormissibility of use Al normal roads, Impermissible Use Sidewalks, lented aconss highways, any natural surace trad designed for nans motorized traffic, or fectealional bike paths ay Requirements Vale Liganse or paremit required (Do mot Arrest) CVT ane tow Ne registration required Moelmets seis tee worn Ne Passengers allceyiet Max Spend 20 MPH for oparantion NO use sunrise/sunsel FAILURE to stop! provide Hleonsa! reg ARREST 90 § 25 TOWN OF WINTHROP OFFICE OF THE TOWN COUNCIL Town Hall, 1 Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1742 Fax: 617-539-0812 Jim Letterie Town Council President MOTION Submitted By: Council President Letterie Date: 8-28-25 TEXT OF MOTION MOTION: That the Town Council vote to approve the draft of the Affordable Housing Ordinance without a recommendation from the Planning Board; or take any other action thereto § 17. --- Accessory Dwelling Units § 17.---Purpose. Draft 2025-02-03 Accessory Dwelling Units are allowed within any Single Family Zoning District as defined in 760 CMR 71.02 in order to: a. Increase the number of small dwelling units available for rent in town, b. Increase the range of housing choices, c. Encourage greater diversity of population with particular attention to young adults and senior citizens, and d. Encourage a more economic and energy efficient use of the town's housing supply while maintaining the appearance and character of the town's single family neighborhoods. e. Provide a broader range of accessible and more affordable housing. (INSERT: Date of Adoption and Council Order # ) § 17— Definition of Accessory Dwelling Unit. "Accessory Dwelling Unit" means a self-contained housing unit, inclusive of sleeping, cooking, and sanitary facilities on the same Lot as a Principal Dwelling, subject to other applicable dimensional and parking requirements that (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the Principal Dwelling sufficient to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor area (GFA) than % the gross floor area of the Principal Dwelling or 900 square feet, whichever is smaller; and (iii) is subject to such additional restrictions set forth in this these ordinances. § 17— Requirements for all Accessory Dwelling Units. A. Allaccessory dwelling units within Principle Dwelling must meet the following requirements: (1) There shall be no more than one legally occupied unit in a Principal Dwelling where an Accessory Dwelling Unit is proposed to be created. (2) No structure that is not connected to the public water and sanitary sewer systems shall have an Accessory Dwelling Unit. (3) No Accessory Dwelling Unit shall be permitted below the FEMA one hundred-year base flood elevation established on the FEMA one hundred-year flood hazard map for the Town of Winthrop. . (4) The Accessory Dwelling Unit shall be located within the Principal Dwelling or outside the Principal Dwelling on the same lot. (5) The maximum gross floor area of an accessory dwelling unit shall not be larger in gross floor area (GFA) than % the gross floor area of the Principal Dwelling or 900 square feet, whichever is smaller. (6) There shall be no enlargements or extensions of the Principal Dwellling in connection with the creation of an Accessory Dwelling Unit except for minimal additions necessary to comply with building, fire safety, or health codes, or enclosure of an entryway, or for enclosure of a stairway to a second story as determined by the Inspector of Buildings. Any enlargements or extensions for these purposes must conform to the dimensional regulations of this title. (7) No Accessory Dwelling Units shall be allowed within a duplex or townhouse dwelling or condominium building. (8) Accessory dwelling units may not be held in separate ownership from the Principal Dwelling. (9) Commercial use is prohibited within an Accessory Dwelling Unit. (10) The Accessory Dwelling Unit must comply with all building, fire safety, and health codes and shall be designed so that the appearance of the principal structure maintains that of the Principal Dwelling. (11) No Accessory Dwelling Unit may be utilized as Short-Term Rental. (12) More than one Accessory Dwelling Units on a single lot is prohibited unless authorized by Special Permit by the Board of Appeals and subject to administrative site plan review. § 17— Siting Standards: All Accessory Dwelling Units shall be subject to the following siting standards: a. A detached Accessory Dwelling Units shall not be located between a roadway and the front facing side of the Principal Dwelling. b. Where an Accessory Dwelling Unit has a separate exterior entrance from the Principal Dwelling or is a separate Building, the Accessory Dwelling Unit shall be accessible from a defined path or walkway. c. All stairways to the primary entrance to an Accessory Dwelling Units located on a second or third story of the Primary Dwelling shall be enclosed within the exterior walls, unless otherwise required by applicable provisions of the State Building Code. : §17.--Permitting Regulations and Permit Review Authority a. The Inspector of Buildings shall be the permit granting authority for As-of-Right Accessory Dwelling Units. . b. A plan and compliance review shall be conducted by the Inspector of Buildings concurrently as part of a Building Permit application. c. Special Permit requests pursuant to § 17. above shall be filed with the Winthrop Board of Appeals as the special permit granting authority. 17.— Site Plan Review Requirement Administrative Site Plan Review as set out and defined in Section 17— shall be required: (a) Where the existing footprint of the Primary Dwelling is requested to be altered in order to accommodate the construction of an Accessory Dwelling Unit; (b) Where the proposed Accessory Dwelling Unit is to be located in a structure detached from the Principal Dwelling; (c) Where the Inspector of Buildings determines that a more exhaustive examination and analysis of the plans by the fire department, health department, police department, and/or Department of Public Works is necessary in making a determination on the application. § 17.— Off-street parking requirements. A. There shall be no parking required for an accessory dwelling unit where the accessory dwelling unit is within a Principal Dwelling that is located within a .5 mile radius of an MBTA transit station as defined in 760 CMR 71.02 and the existing Principal Structure complies with the required parking off-street parking spaces as set out in Section 17.— of this chapter. B. For Principal Dwellings that are located further than a .5 mile radius of an MBTA transit station, there shall be one additional parking space required for the accessory dwelling unit in addition to the off-street parking spaces required for the Principal Dwelling. An accessory dwelling unit parking space may not be created within the front yard of the Principal Dwelling nor the Accessory Dwelling Unit.but may be created within the side yard to allow up to two vehicle tandem parking. § 17. Detached Accessory Dwelling Units. A. Accessory structures, garages, and detached accessory dwelling units shall not exceed one and one-half (1.5) stories or eighteen (18) feet in height. B. Detached accessory dwelling units shall comply with all regulations set forth in Section 17 --- (Accessory Buildings and Structures) of this Ordinance. § 17.— Inspections. The Owner of the property containing the Accessory Dwelling Unit shall provide permission to the city municipal inspection department, health department, and fire department to inspect the property annually and shall agree to provide full and voluntary access to the residences on forty- eight hours' notice from the city. § 17.— Enforcement and penalties. A. Any person who (i) offers an accessory unit within the Principal Dwelling as an accessory dwelling unit for lease or rent where such unit is not an eligible accessory dwelling unit or (ii) fails to comply with other provisions of this chapter shall be fined three hundred dollars per violation per day. Each day's failure to comply with a notice of violation or any other order shal! constitute a separate violation. In addition to fines described in this section, the city may seek an injunction from a court of competent jurisdiction to enjoin the offering, advertising, or using of the unit as an accessory dwelling unit. B. The provisions of this chapter shall be enforced by all allowable means set out in these ordinances or by seeking to restrain a violation by a court-ordered injunction. C. The Table of Dimensional Regulations set out in Section 17.-- of these Zoning Ordinances shall govern and regulate the construction and use of Accessory Dwelling Units. TOWN OF WINTHROP OFFICE OF THE TOWN COUNCIL Town Hall, 1 Metealf Square, Winthrop, MA 02152 Telephone: 617-846-1742 MOTION Submitted By: Town Council President Date: 8-12-25 TEXT OF MOTION MOTION: That the Town Council vote to accept the Ordinance review Committee ~ recommendation to amend the Town Charter Section 2-1 (a) TERM OF OFFICE to read that there shall be a town council consisting of six (6) at large councilors, which shall exercise the legislative powers of the town, with three (3) elected at each biennial election for four- year staggered terms. They shall be nominated and elected by and from the voters. The seventh member shall be a council president chosen as provided in section 2-2; or take any other action relative thereto. THIS MOTION IS CURRENTLY UNDER REVIEW BY TOWN COUNSEL TOWN OF WINTHROP OFFICE OF THE TOWN COUNCIL Town Hall, 1 Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1742 MOTION Submitted By: Town Council President Date: 8-12-25 TEXT OF MOTION MOTION: That the Town Council vote to accept the Ordinance review Committee recommendation to amend the Town Charter Section 2-1 (d) ABANDONMENT to read 1. Any elected council member shall be considered to have abandoned their office if that person fails to attend either three consecutive regularly scheduled meetings of the full council or if that person fails to attend 50% of the regularly scheduled meetings of the full council over a three-month period, unless such absences are determined by the council to be for goodcause. 2. The Clerk of the Town Council shall be responsible for maintaining official attendance records of all councilors and shall notify the Town Council President in writing when a councilor meets the attendance criteria for abandonment. 3. Within thirty (30) days of receiving such notification, the Town Council shall hold a public hearing to determine whether the councilor meets the attendance criteria for abandonment, whether there was good cause for the absences, and whether such absences constitute abandonment under this charter. 4. At the hearing, the councilor shall have the opportunity to present evidence and testimony regarding the absences and to show good cause why the office should not be ‘declared abandoned. 5. Following the hearing, the Town Council shall make a formal finding by a two-thirds vote as to whether the councilor has abandoned the office. If abandonment is found, the office shall thereupon be declared vacant effective immediately and the vacancy shall be filled in accordance with the provisions of SECTION 2-11; or take any other action thereto 8-12-25 Motion by Vice President Belcher to Waive Reading 2"4 by Councilor Tassinari Motion Passed Motion will be tabled until the 9-2-25 for further review This memo in reference to the request from Councilor Aiello on Abandonment TOWN OF WINTHROP Office of the Town Attorney Winthrop Town Hal 1 Metcalf Square Winthrop, Massachusetts 02152 31 July 2025 To: . Tony Marino, Town Manager Fr: James Cipoletta, Town Attorney Re: Town Council Request We were requested by the Winthrop Town Council to “conduct a comprehensive review of all applicable provisions within the Winthrop Town Charter, Town Council Rules, municipal ordinances, relevant statutes of the Commonwealth, and any pertinent regulation in order to identify and clarify the legal standards that determine whether a Councilor is deemed to have officially attended a meeting of the Council — whether such attendance is in person or. via remote participation.” | In connection therewith I have reviewed the applicable provisions of the Winthrop Town Charter, Town Council Rules, Winthrop Town Ordinances, Applicable Massachusetts Statutes, and applicable portions of the Code of Massachusetts Regulations (CMR). I. Abandonment. . The inquiry begins with an examination of the existing provision of the Winthrop Town Charter, specifically Section 2-1 which reads: (d) Abandonment - Any elected council member shall be considered to have abandoned their office if that person fails to appear at either three consecutive ! Council Motion dated June 24, 2025. abandoned their office if that person fails to appear at either three consecutive regularly scheduled meetings of the full council or if that person fails to appear at 50% of the regularly scheduled meetings of the full council over a three month period, as defined by Council Rules. If the office is abandoned, the office shall be deemed vacant and shall be filled in the manner provided in section 2-11. An allowance for exemption to this rule maybe granted by a 2/3 vote of the majority of the full body of the Town Council. Charter Section 1-9 is the definitions section. Neither “abandonment” nor “fails to - appear” are defined in the charter. Therefore, the common meaning and usage of these terms is to be utilized. There is no provision in the charter that requires a member appearing at a meeting to speak, vote, offer a motion, or to take any other administrative actions. Nor does the Charter speak to the member’s status if they are tardy or need to leave prior to the completion of the meeting. “Appear” in my opinion, consistent with the common English language usage, means simply to attend. Attendance may be in person or remotely depending upon the meeting rules in effect at the time. Ordinance Review Committee (ORC) has sent the Council a proposal for an amendment to this section of the Charter The proposed amendment to this section of the Charter states in full: SECTION 2-1: COMPOSITION, TERM OF OFFICE [Proposed] (d) Abandonment 1. Any elected council member shall be considered to have abandoned their office if that person fails to attend either three consecutive regularly scheduled meetings of the full council or if that person fails to attend 50% of the regularly scheduled meetings of the full council over a three-month period, unless such absences are determined by the council to be for good cause. 2. The Clerk of the Town Council shall be responsible for maintaining official attendance records of all councilors and shall notify the Town Council President in writing when a councilor meets the attendance criteria for abandonment. 3. Within thirty (30) days of receiving such notification, the Town Council shall hold a public hearing to determine whether the councilor meets the attendance criteria for abandonment, whether there was good cause for the absences, and whether such absences constitute abandonment under this charter. 4, At the hearing, the councilor shall have the opportunity to present evidence and testimony regarding the absences and to show good cause why the office should not be declared abandoned. 5. Following the heating, the Town Council shall make a formal finding by a two-thirds vote as to whether the councilor has abandoned the office. If abandonment is found, the office shall thereupon be declared vacant effective immediately and the vacancy shall be filled in accordance with the provisions of SECTION 2-11. It is my opinion that the proposal is clearer than the current ordinance and provides more specific guidance on the subject. One suggestion that I would make is to include definitions of “attend”and “fails to appear” in the Charter in order to avoid future confusion. The Council also may want to consider adding the abandonment section to its Rules. We have not been requested to opine on whether any councilor has abandoned the office therefore do not here render any opinion on that issue. However, it is suggested that the Council apply the analysis and procedure derived from the information contained in this memorandum. Il. Remote Participation. The concept of remote participation in public meetings falls within G. L. Chapter 30A, the Massachusetts Administrative Procedures Act, and is subject to the mandates of the Open Meeting Law pursuant to 940 CMR 29:10. The Code of Massachusetts Regulations is not a statute. The regulations serve as rules created by a state agency to implement and enforce _ statutes. One of the primary purposes of the Open Meeting Law is to “promote transparency with regard to deliberations and decisions on which public policy is based.” 940 CMR 29:10 Pursuant to 940 CMR 29.10 (2), titled, Adoption of Remote Participation, remote participation in meetings of public bodies is not permitted unless the practice has been adopted as follows?: . . Local Public Bodies. The Chief Executive Officer, as defined in G. L. c. 4, § 7, must authorize or, by a simple majority, vote to allow remote participation in accordance with the requirements of 940 CMR 29.10, with that authorization or vote applying to all subsequent meetings of all local public bodies in that municipality. (4) Minimum Requirements for Remote Participation. (a) Members of a public body who participate remotely and all persons present at the 2 Only portions of the statute and CMR pertinent to the issues addressed are reproduced here. Ae meeting location shatt be clearly audible to each other, as required by M.G.L. c. 30A, § 20(¢)s | (b) A quorum of the body, including the chair or, in the chair's absence, the person authorized to chair the meeting, shall be physically present at the meeting location, as required by G. L. c. 30A, § 20(d); . (c) Members of public bodies who participate remotely may vote and shall not be deemed absent for the purposes of G.L. c. 39, § 23D. (5) Permissible Reason for Remote Participation. If remote participation has been adopted in accordance with 940 CMR 29.10(2), a member of a public body shall be permitted to participate remotely in a meeting, in accordance with the procedures described in 940 CMR 29.10(7), only if physical attendance would be unreasonably difficult. (7) Procedures for Remote Participation. (a) Any member of a public body who wishes to participate remotely shall, as soon as reasonably possible prior to a meeting, notify the chair or, in the chair's absence, the person chairing the meeting, of his or her desire to do so and the reason for and facts supporting his or her request. _(b) At the start of the meeting, the chair shall announce the name of any member who will be participating remotely. This information shall also be recorded in the meeting minutes. . (c) All votes taken during any meeting in which a member participates remotely shall be by roll call vote. (d) A member participating remotely may participate in an executive session, but shall state at the start of any such session that no other person is present and/or able to hear the’ discussion at the remote location, unless presence of that person is approved by a simple majority vote of the public body. (e) When feasible, the chair or, in the chair's absence, the person chairing the meeting, shall distribute to remote participants, in advance of the meeting, copies of any documents or exhibits that he or she reasonably anticipates will be used during the meeting. If used during the meeting, such documents shall be part of the official record of the meeting, and shall be listed in the meeting minutes and retained in accordance with G.L. ¢. 30A, § 22. (8) Further Restriction by Adopting Authority. 940 CMR 29.10 does not prohibit any person or entity with the authority to adopt remote participation pursuant to 940 CMR 29.10(2) from enacting policies, laws, rules or regulations that prohibit or further restrict the use of remote participation by public bodies within that person or entity's jurisdiction, provided those policies, ‘laws, rules or regulations do not violate state or federal law. (9) Remedy for Violation. If the Attorney General determines after investigation that 940 CMR 29.10 has been violated, the Attorney General may resolve the investigation by ordering the public body to temporarily or permanently discontinue its use of remote participation. The method for measuring attendance or absence from a remote proceeding does not vary much from that of in-person attendance with the exception of a slightly higher level of detail in record keeping by the Clerk for purposes of clarity. Recordings of meetings or proceedings carried out remotely should be preserved and maintained in compliance with the applicable Massachusetts records statute. Additional Points: . (a) The Council may want to consider including a Charter provision defining what constitutes being in attendance at a meeting. (b) Beyond the remedy for violation of the Open Meeting Law during a remote meeting in (9) above, there is no provision for the invalidation of any vote or other action taken during that meeting. | Should you require further or a more in-depth analysis of this or any related issue please let us know. Respectfully submitted, /s/ Games g Chalets James J. Cipoletta Town Attorney TOWN OF WINTHROP OFFICE OF THE TOWN COUNCIL Town Hall, 1 Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1742 Fax: 617-539-0812 Jim Letterie Town Council President MOTION Submitted By: Council President Letterie Date: 8-28-25 TEXT OF MOTION MOTION: That the Town Council vote in favor of Rep. Turco’s Bills #2343-2344-2345 in reference to MBTA 3A Exemption HOUSE DOCKET, NO. 3253 FILED ON: 1/16/2025 HOUSE .........+..+.+..+ + No. 2343 The Commonwealth of Massachusetts PRESENTED BY: Jeffrey Rosario Turco To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: AnAct repealing the MBTA communities act. PETITION OF: NAME: District/ADDRESS: DaTE ADDED: Jeffrey Rosario Turco 19th Suffolk 1/16/2025 David F. DeCoste Sth Plymouth 1/23/2025 Colleen M. Garry 36th Middlesex 2/10/2025 Ryan C. Fattman Worcester and Hampden 4/3/2025 Marcus S. Vaughn 9th Norfolk 4/3/2025 Steven S. Howitt 4th Bristol 4/3/2025 HOUSE DOCKET, NO, 3253 FILED ON: 1/16/2025 HOUSE ............... No. 2343 By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 2343) of Jeffrey Rosario Turco, David F. DeCoste and Colleen M. Garry for legislation to repealing the MBTA communities act, so-called. Municipalities and Regional Government. The Commonwealth of Massachusetts In the One Hundred and Ninety-Fourth General Court (2025-2026) An Act repealing the MBTA communities act. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: Section 3A of chapter 40A of the General Laws is hereby repealed. HOUSE DOCKET, NO. 3254 FILED ON: 1/16/2025 HOUSE ............... No. 2344 The Commonwealth of Massachusetts PRESENTED BY: Jeffrey Rosario Turco To the Honorable Senate and House of Representatives of the Comnonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act requiring Safe Harbor exceptions to. the MBTA Communities Act. PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Jeffrey Rosario Turco 19th Suffolk 1/16/2025 David F. DeCoste Sth Plymouth 1/23/2025 Colleen M. Garry 36th Middlesex 2/6/2025 Norman J. Orrall 12th Bristol 4/3/2025 Marcus S. Vaughn 9th Norfolk 4/3/2025 HOUSE DOCKET, NO. 3254 FILED ON: 1/16/2025 HOUSE ............... No. 2344 By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 2344) of Jeffrey Rosario Turco, David F. DeCoste and Colleen M. Garry for legislation to require safe harbor exceptions to the multi-family zoning as-of-right in certain MBTA communities. Municipalities and Regional Government. The Commonwealth of Massachusetts In the One Hundred and Ninety-Fourth Generat Court (2025-2026) An Act requiring Safe Harbor exceptions to the MBTA Communities Act. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: MGL 40A, Section 3A is amended by addition a new subsection (d): Any community which qualifies for any of the safe harbor provisions of M.G.L. 40B, shall be exempt from the requirements of this Section 3A. HOUSE DOCKET, NO. 3255 FILED ON: 1/16/2025 HOUSE ............... No. 2345 The Commonwealth of Massachusetts PRESENTED BY: Jeffrey Rosario Turco To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General - Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to the MBTA Communities Act. PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Jeffrey Rosario Turco 19th Suffolk 1/16/2025 David F. DeCoste Sth Plymouth 1/23/2025 Colleen M. Garry 36th Middlesex 2/6/2025 Norman J. Orrall 12th Bristol 4/3/2025 Marcus S. Vaughn 9th Norfolk 4/3/2025 HOUSE DOCKET, NO, 3255 FILED ON: 1/16/2025 HOUSE ............... No. 2345 By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 2345) of Jeffrey Rosario Turco, David F. DeCoste and Colleen M. Garry that communities of less than two square miles be exempt from the provisions of the the MBTA communities act, so- called. Municipalities and Regional Government. The Commonwealth of Massachusetts In the One Hundred and Ninety-Fourth General Court (2025-2026) An Act relative to the MBTA Communities Act. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: MGL 40A, Section 3A is amended by addition a new subsection (d): Any community of less than two square miles shall be exempt from the provisions of this Section. TOWN OF WINTHROP OFFICE OF THE TOWN COUNCIL Town Hall, 1 Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1742 Fax: 617-539-0812 Jim Letterie Town Council President MOTION Submitted By: Council President Letterie Date: 8-28-25 TEXT OF MOTION MOTION: That the Town Council request the Planning Board to review the current parking requirements in the CBD for consideration of a possible modification to current Ordinance TOWN OF WINTHROP OFFICE OF THE TOWN COUNCIL Town Hall, 1 Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1742 Fax: 617-539-0812 Jim Letterie Town Council President MOTION Submitted By: Council President Letterie Date: 8-28-25 TEXT OF MOTION MOTION: That the Town Council vote to Accept MGL c.138 §12D that allows On Premise Wine & Malt Current License Holders to trade their license for a an All Alcohol On Premise Liquor License (Application must be completed and approved by our BOL for submission to the ABCC for final approval) Commonwealth of Massachusetts Alcoholic Beverages Control Commission 95 Fourth Street, Suite 3 Chelsea, MA 02150 Jean M. Lorizio, Esq. Chairman ALCOHOLIC BEVERAGES CONTROL COMMISSION (“ABCC”) ADVISORY REGARDING LOCAL BOARD’S ABILITY TO ALLOW M.G.L. c. 138, § 12 (ON- PREMISES) WINES AND MALT BEVERAGES LICENSE HOLDERS TO TRADE IN THEIR LICENSE FOR A M.G.L. c. 138, § 12 (ON-PREMISES) ALL ALCOHOLIC BEVERAGES LICENSE PURSUANT TO M.G.L. c. 138, § 12D On June 30, 2025, Governor Maura Healey signed (in part) “An Act Making Appropriations for the Fiscal Year 2026...” creating M.G.L. c. 138, § 12D which permits Local Boards to allow M.G.L. c. 138, § 12 (on-premises) wines and malt beverages license holders to trade in their license for a non-transferable M.G.L. c. 138, § 12 (on-premises) all alcoholic beverages license. M.G.L. c. 138, § 12D became effective July 1, 2025. The text of the law can be found HERE. Local Boards must accept the new law prior to allowing M.G.L. c. 138, § 12 (on-premises) wines and malt beverages license holders to trade in their license for a M.G.L. c. 138, § 12 (on-premises) all alcoholic beverages license pursuant to M.G.L. c. 138, § 12D. M.G.L. c. 138, § 12 (on- premises) wines and malt beverages license holders requesting a trade in for a M.G.L. c. 138, § 12 (on-premises) all alcoholic beverages license must submit an application for a change of license category to the Local Board. Change of license category amendments require ABCC approval and must comply with the “Liquor Control Act” (M.G.L. c. 138) including but not limited to advertisement, abutters’ notification requirements and Local Board hearing. Local Boards may charge a reasonable fee that shall not be excessive and may also establish additional requirements. When a M.G.L. c. 138, § 12 (on-premises) wines and malt beverages license is traded in for a M.G.L. c. 138, § 12 (on-premises) all alcoholic beverages license pursuant to M.G.L. c. 138, § 12D, the M.G.L. c.°138, § 12 (on-premises) all alcoholic beverages license is non-transferable upon issuance. If a M.G.L. c. 138, § 12 (on-premises) all alcoholic beverages license issued pursuant to M.G.L. c. 138, § 12D is cancelled, revoked or no longer in use by the license holder, a M.GLL. c. 138, § 12 (on-premises) wines and malt beverages license must be granted by the Local Board before a M.G.L. c. 138, § 12 (on-premises) all alcoholic beverages license may be issued pursuant to M.G.L. c. 138, § 12D. AM.G.LL. c. 138, § 12 (on-premises) license for wines and malt beverages traded in for a M.G.L. c. 138, § 12 (on-premises) all alcoholic beverages license pursuant to M.G.L. c. 138, § 12D does not increase the total number of licenses authorized pursuant to M.G.L. ¢. 138, § 17 or any other general or special law. Telephone: (617) 727-3040 * Fax: (617) 727-1510 * www.mass.gov/abec As always, all licensees must ensure that they comply with the laws of the Commonwealth of Massachusetts, and that sales of alcoholic beverages take place only as authorized by federal, state, and local law. Questions concerning this Advisory may be directed to Ralph Sacramone, Executive Director of the Massachusetts Alcoholic Beverages Control Commission at (617) 727- 3040 x 731. (Issued 8/5/2025) Telephone: (617) 727-3040 * Fax: (617) 727-1510 * www.mass.gow/abec TOWN OF WINTHROP OFFICE OF THE TOWN COUNCIL Town Hall, 1 Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1742 TOWN COUNCIL MOTION Submitted By: Council Vice President Belcher Date: August 28, 2025 General Background: The Winthrop Town Council affirms that our community has long taken pride in being a welcoming town where all residents are treated with dignity and respect. Recent events have highlighted concerns about transparency and due process, reminding us that the strength of Winthrop rests on the trust between residents and their institutions. When that trust is shaken, especially for immigrant families and other vulnerable members of our community, it threatens the sense of safety and belonging that defines Winthrop. To reaffirm our shared values of fairness, inclusion, and the protection of fundamental rights, the Council offers the following resolution. TEXT OF MOTION WHEREAS, the Town of Winthrop is a welcoming and inclusive community that values the dignity, rights, and contributions of all residents, regardless of their immigration status; and WHEREAS, on April 25, 2025, U.S. Immigration and Customs Enforcement (ICE) agents detained two members of the Winthrop community under circumstances that have raised concerns about transparency, due process, and the impact on public trust and safety; and WHEREAS, such actions by ICE create fear and anxiety among immigrant residents, disrupt families, and undermine the sense of security that all people deserve in their homes and neighborhoods; and WHEREAS, Winthrop reaffirms its commitment to protecting the civil rights and liberties of all residents, regardless of national origin or immigration status; NOW, THEREFORE, BE IT RESOLVED, that the Winthrop Town Council formally expresses its belief in Winthrop’s status as a welcoming community and reaffirms its commitment to serving all members of our community with the same dedication and respect; BE IT FURTHER RESOLVED, that the Town Council encourages local law enforcement to continue to prioritize public safety while continuing building strong relationships between all community members and our law enforcement officers; BE IT FURTHER RESOLVED, that the Town Council commits to the protection of our most vulnerable residents and ensuring justice, equity, and human rights for all.