Agenda
Town Council · from the Town's website · released Sep 16, 2025 · 19 pages · 3.1 MB
open the file ↗ · original at the source ↗
WINTHROP TOWN COUNCIL
Town Council Members
Town Council President James Letterie
Precinct 1 Councilor Costigan
Precinct 3 VP- Councilor Belcher
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
PLEDGE OF ALLEGIANCE
1. MINUTES
Approval of Minutes September 2, 2025 as circulated
2. GENERAL INFORMATION AND RECOMMENDATIONS
Swearing In:
Fire Chief Stephen Calandra
Deputy Chief Paul Montgomery
Captain Michael O’Keefe
Lieutenant Aaron Smith
Lieutenant Devon Racow
3. PUBLIC COMMENT
4. CORRESPONDENCE
5. COMMITTEE REPORTS
R&O
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
• Ordinance Review Committee recommendation-Town Council Change/Abandonment
10. NEW BUSINESS
• Appointment(s)
• Temporary-Voting Polls Relocation for Nov. 4, 2025 Election
• Sale of Land (Crescent St. Lot)
• Morton St. Berms
• Dedication request by Council President Letterie for Jim Evans
11. PUBLIC COMMENT
12. PUBLIC RELATIONS / UPCOMING EVENTS
13. ADJOURNMENT
ZOOM INFORMATION
Meeting ID:
Passcode:
Phone:
MEETING AGENDA
SEPTEMBER 16, 2025
6:30 PM
HARVEY HEARING ROOM
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 Accessory
Dwelling Unit 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. All accessory 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 shall
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 atown 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
ss 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 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 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
1 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 ] 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.
I. 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.
-4.
meeting location shalt be clearly audible to each other, as required by M.G.L. c. 30A, §
20(d); .
(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. c. 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
Jet us know.
Respectfully submitted,
/s/ ames gG Choaletta
James J. Cipoletta
Town Attorney
TOWN OF WINTHROP
OFFICE OF THE TOWN CLERK
Town Hall 1 Metcalf Square, Winthrop, MA 02152 Telephone 617-846-1742 Fax 617-539-
Please see email from Anita Petricone who is interested in the purchase of this land...
hi my name is anita petricone and i would like to purchase lot# 56-62 crescent st from the town of
winthrop ma. can you please put my request on your agenda for the next town council meeting on
aug. 12? attached to my request are two documents i received from the winthrop assessors office.
thank you. regards anita petricone cc denise quist
Also included is all information she attached....
Property Location CRESCENT ST Map ID 56/62//# Bidg Name State Use 903V
Vision ID 6685 Account # : Bidg# 1 Sec# 1 of 1 Carnd# 1 of 1 Print Date 7/14/2025 12:59:52 P
ee rT BNE us EE i
TOWN OF WINTHROP Description le praised 1204
EXM LAND 9030 44,300 14,300
1 METCALF SQ ee WINTHROP, MA
Alt Pref 1D
Subdivisio
WINTHROP MA 02152 ‘|phote
Precinct 6.885 VISION
GIS iD M_243144_903513 Assoc Pidi# mc “otal T3500 T4300
TOWN OF WINTHROP 3450 | 124 “Os i0-810 Year | Code |
14,300 | 2024 | 1320 16,000 | 2023 | 1320 14,700
“14,300 Total 16,000 Total) 14,700
This signature acknowledges a visit by a Data Coliector or Assessor
insp Date
Appraised Bldg. Value (Card) it}
i = |Appraised Xf (B) Value (Bldg) is}
Nbhd Nbhd Name B Tracing Batch Appraised Ob (B) Value (Bldg) 0
pee - ies 4 Appraised Land Value (Bldg) 14,300
NO LONGER CONTIG W 66-63 ~ |Special Land Value 0
FY 25 EXEMPT-TOWN PROPERTY Total Appraised Parcel Value 14,300
PER 1910 EMINENT DOMAIN Valuation Method Cc
BOOK 3450-121
PART OF MILLER FIELO/BALL FIELD Total Appraised Parcel Valu 14,300
B |Use Code
Description Location Adjustment | Adj Unit Pric) Land Value
1 903V |MUNICPAL MDL 4,655] SF 61.47] 1.00000 1 0.05 | RS 1.060 fs) 3.07 14,300
Total Card Land Units] 4.655] SF Parcel Total Land Area: {0 ‘Total Land Value’ 44,306