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Vice President Swope Listening Post Meeting-Wed. March 25, 2026 6-7 PM-Harvey Hearing Room
TOWN COUNCIL PUBLIC HEARING DATE OF MARCH 24, 2026
Notice is hereby given in accordance with Section 2.9 (c) of the Code of the Town of Winthrop that the
Winthrop Town Council will conduct a Public Hearing on Tuesday, March 24, 2026 at on or after 6:30
p.m., in the Harvey Hearing Room that the Town Council grants permission to National Grid on the
following:
The following Streets and Highways referred # 31226970:
Pauline Street - National Grid to install I JO pole on Pauline Street beginning at a point approximately 237
feet Northeast of the centerline of the intersection of Pauline Street and Fremont Street and continuing
approximately 24 feet in a South direction. National Grid to install 45' class 2 pole on Southern sidewalk of
Pauline Street in front of 22 Pauline Street. This pole is needed to install new OH XRFM that will be feeding
new apartments at 22 Pauline Street and because existing nearby poles are at capacity. Winthrop, MA.
All documents, legally accessible, pertaining to this hearing(s) information can be requested by email to
dquist@winthropma.gov or calling 617-846-1852, or in person at the Town Clerks Office, Room 5
Denise Quist
Town Clerk
5-17-26
Questions contact - Rafael Kerguelen (781) 388-5101 or
Rafael.kerguelenstrepo@nationalgrid.com
PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS
To the Town Council
Of Winthrop, Massachusetts
Massachusetts Electric Company d/b/a NATIONAL GRID and Verizon New England, Inc
requests permission to locate poles, wires, and fixtures, including the necessary sustaining and
protecting fixtures, along and across the following public way:
Pauline Street - National Grid to install 1 JO pole on Pauline Street beginning at a point
approximately 237 feet Northeast of the centerline of the intersection of Pauline Street and
Fremont Street and continuing approximately 24 feet in a South direction. National Grid to install
45' class 2 pole on Southern sidewalk of Pauline Street in front of 22 Pauline Street. This pole is
needed to install new OH XRFM that will be feeding new apartments at 22 Pauline Street and
because existing nearby poles are at capacity. Winthrop, MA.
Location approximately as shown on plan attached.
Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for
and permission to erect and maintain poles and wires, together with such sustaining and protecting
fixtures as it may find necessary, said poles to be erected substantially in accordance with the plan
filed herewith marked — Pauline Street - Winthrop, Massachusetts.
No.# 31226970
Also, for permission to lay and maintain underground laterals, cables, and wires in the above or
intersecting public ways for the purpose of making connections with such poles and buildings as
each of said petitioners may desire for distributing purposes.
Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles
for the fire, police, telephone, and telegraph signal wires belonging to the municipality and used by
it exclusively for municipal purposes.
Massachusetts Electric Company d/b/a
NATIONAL GRID Ztich Wlemmolo
BY
Engineering Department
VERIZON NEW ENGLAND, INC.
BY a
Mandger / Right of Way
March 6, 2026
Questions contact — Central Design, Rafael Kerguelen (781) 388-5101 or
Rafael. kerguelenstrepo@nationalgrid.com
ORDER FOR JOINT OR IDENTICAL POLE LOCATIONS
To the Town Council of Winthrop, Massachusetts
Notice having been given and public hearing held, as provided by law,
IT IS HEREBY ORDERED: that Massachusetts Electric Company d/b/a NATIONAL GRID and
VERIZON NEW ENGLAND INC. (formerly known as NEW ENGLAND TELEPHONE AND
TELEGRAPH COMPANY) be and they are hereby granted joint or identical locations for and
permission to erect and maintain poles and wires to be placed thereon, together with such
sustaining and protecting fixtures as said Companies may deem necessary, in the public way or
ways hereinafter referred to, as requested in petition of said Companies dated the 3rd day of
February, 2026.
All construction under this order shall be in accordance with the following conditions:
Poles shall be of sound timber, and reasonable straight, and shall be set substantially at the points
indicated upon the plan marked — Pauline Street - Winthrop, Massachusetts.
No.# 31226970
Filed with this order:
There may be attached to said poles by Massachusetts Electric Company d/b/a NATIONAL GRID
and Verizon New England Inc. such wires, cables, and fixtures as needed in their business and all
of said wires and cables shall be placed at a height of not less than twenty (20) feet from the
ground.
The following are the public ways or part of ways along which the poles above referred to may be
erected, and the number of poles which may be erected thereon under this order:
Pauline Street - National Grid to install 1 JO pole on Pauline Street beginning at a point
approximately 237 feet Northeast of the centerline of the intersection of Pauline Street and
Fremont Street and continuing approximately 24 feet in a South direction. National Grid to install
45' class 2 pole on Southern sidewalk of Pauline Street in front of 22 Pauline Street. This pole is
needed to install new OH XRFM that will be feeding new apartments at 22 Pauline Street and
because existing nearby poles are at capacity. Winthrop, MA.
Also, for permission to lay and maintain underground laterals, cables, and wires in the above or
intersecting public ways for the purpose of making connections with such poles and buildings as
each of said petitioners may desire for distributing purposes.
I hereby certify that the foregoing order was adopted at a meeting of the
Of the City/Town of ,Massachusetts held on the day of 20
City/Town Clerk.
Massachusetts 20
Received and entered in the records of location orders of the City/Town of
Book Page
Attest:
City/Town Clerk
Thereby certify that on 20 «at o’clock, M
At a public hearing was held on the petition of
Massachusetts Electric Company d/b/a NATIONAL GRID and VERIZON NEW ENGLAND,
INC. for permission to erect the poles, wires, and fixtures described in the order herewith recorded,
and that we mailed at least seven days before said hearing a written notice of the time and place of
said hearing to each of the owners of real estate (as determined by the last preceding assessment
for taxation) along the ways or parts of ways upon which the Company is permitted to erect
Poles, wires, and fixtures under said order. And that thereupon said order was duly adopted.
City/Town Clerk.
Board or Council of Town or City, Massachusetts
CERTIFICATE
Thereby certify that the foregoing is a true copy of the location order and certificate of
hearing with notice adopted by the of the City of
Massachusetts, on the day of 20 and recorded with the records of location
orders of the said City, Book , and Page . This certified copy is made under
the provisions of Chapter 166 of General Laws and any additions thereto or amendments thereof.
Attest:
City/Town Clerk
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LEGEND
OH PETITION SKETCH
‘sti Owners: Address:
ONvires @ —eristingPole | RELLEN ENTERPRISES LLV 22 Pauline St
5 Bellevue Terrace Winthrop MA
i 02152
OH Proposed @ Proposed Winthrop MA 02152
Wires Pole
SKETCH TO ACCOMPANY PETITION:
Proposed Installation of 45' Class 2 Pole # 577-1 with OH
XFRM on it to be located on southern sidewalk of Pauline St
in front of 22 Pauline St that will be feeding
Designer: RAFA KERGUELEN
Date: 02.03.2026
WR #: 31226970
nationalgrid
TOWN OF WINTHROP
OFFICE OF THE TOWN MANAGER
Town Hall, 1 Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1077 Fax: 617-
Anthony Marino
Town Manager
846-5458
Town Council Motion
March 19, 2026
Moton Summary
Title: FY26 General Fund Inter-Budgetary Transfers
Motion ID
> TCM26-008
Moton Details
Motion Type: General Fund Inter-Budgetary Transfers
Submitted by: Anthony Marino, Town Manager
Date Submitted: 03/19/2026
Text of Motion
MOTION: I move that the Town Council vote modify the following General Fund
Budgets for Fiscal Year 2026 to better facilitate current budget needs; or take any other
action relative thereto.
Fiscal Year 2026
Funding Details
Funding Source Funding Destination
Account, Description Amount Account Description Amount
'0132053-532500 |Northeast Regional Voc 59,403.63 '0111253-530500 Consulting Services 7,500.00
}0132053-532502| Northeast Regional Voc Debt Service 58,096.37 }0114551-511100 Persorinel(Treasury) 20,000.00
}0114555-558700 Materials{ Treasury) 20,000.00
'0115557-579100 Software Annual License Cost(MIq 10,000.00
}0122052-524106 Repair/Maint Vehicles(Fire) 40,000.00
10122053-530702 Training Services(Fire) 20,000.00
}0132053-532502| Northeast Regional Voc Debt Service 55,300.00
|0193058-584133 |Fire Dept Generator 39,700.00 }0196058-588198 Pumper Engine 95,000.00
}0193058-584170|Police Tasers 22,000.00 '0193058-584122 Police Station Repairs 22,000.00
Total 234,500.00 Total 234,500.00
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
March 19, 2026 Fiscal Year 2026
Motion Summary
Title: Marina Float Repairs
Motion ID: TCM26-007
Amount: $40,000
Funding Source: Waterways/Harbormaster Enterprise Fund Retained Earnings
Motion Details
Motion Type: Appropriate
Submitted by: Anthony Marino, Town Manager
Date Submitted: March 19, 2026
Text of Motion
MOTION: I move that the Town Council appropriate from Retained Earnings in the
Waterways/Harbormaster Enterprise Fund, the amount of $40,000, for extraordinary
repairs and maintenance of the floats in the marina; or take any other action thereto.
Funding Details
Funding Source Funding Destination
Account Description Amount Account Description Amount
1752-359000 {Retained Earnings {$40,000 175229552-524107 |REPAIR/MAIT OF {$40,000
INFRASTRUCTURE
Rink Retained Earnings Balance: $137,979
Amount Requested: $40,000
Rink Retained Earnings after motion approval: $97,979
TOWN OF WINTHROP
OFFICE OF THE TOWN MANAGER
MOTION
Submitted By: Town Manager Marino Date: March 19, 2026
Motion that the Town Council Vote to Amend the Town Ordinances to include the following
new Ordinance:
Chapter 8.37 - LAND DISTURBANCE AND EROSION CONTROL
8.37.010 - Purposes.
The purposes of this chapter are to protect the surface water bodies, natural resources, and
public and private property within the Town of Winthrop from the negative impacts caused by
polluted and unmanaged stormwater runoff and activities related to development, construction and
land surface alteration and work not otherwise subject to regulation by the Conservation
Commission under Massachusetts General Laws, Chapter 131, Section 40. In response to the
requirements under the Federal Clean Water Act, this chapter partially fulfills the requirements of
the NPDES Phase II General Permit for Municipal Small Separate Storm Sewer Systems (MS4)
in Massachusetts to achieve compliance with the U.S. Environmental Protection Agency's
stormwater regulations.
8.37.020 - Applicability.
Unless exempt under Section 8.X.050 below, all activities under the jurisdiction of this chapter
shall be required to obtain a stormwater management permit from the Department of Public Works
prior to beginning any site work. This chapter shall apply to all new development and
redevelopment projects including:
1. Any activity that results in a land disturbance greater than one acre within the Town of
Winthrop; or
2. Any activity that results in a land disturbance of less than one acre if the project is part of
a larger common plan of development that eventually will disturb more than one acre
within the Town of Winthrop.
Plans that do not require approval under the Subdivision Control Law, hereafter referred to as
"Approval Not Required" lots and meet one or more of the applicability criteria above are subject
to the provisions of this chapter and are not exempt from obtaining a stormwater management
permit.
8.37.030 - Definitions.
Alter: Any activity, which will measurably change the ability of a ground surface area to
absorb water or will change existing surface drainage. Alter may be similarly represented as
"alteration of drainage characteristics," and "conducting land disturbance activities."
Alteration of drainage characteristics: Any activity on an area of land that changes the water
quality, force, direction, timing, or location of runoff flowing from the area. Such changes include
change from distributed runoff to confined or discrete discharge, change in the volume of runoff
from the area; change in the peak rate of runoff from the area; and change in the recharge to
groundwater on the area. ;
Applicant: A property owner or agent of a property owner who has filed an application for a
Stormwater Management Permit.
Best management practice (BMP): Schedules of activities, practices (and prohibitions of
practices), structures, vegetation, maintenance procedures, and other management practices the
discharge of pollutants to waters of the United States, BMPs also include treatment requirements,
operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage. Structural, nonstructural, and managerial
techniques will be utilized that are recognized to be most effective and practical means to prevent
and/or reduce erosion, provide sediment control, increases in stormwater volumes and flows,
reduce point source and nonpoint source pollution, and promote good stormwater quality and
protection of the environment. "Structural" BMPs are devices that are engineered and constructed.
to provide permanent or temporary storage and treatment of stormwater runoff. "Nonstructural"
BMPs use natural measures to reduce pollution levels, do not require extensive construction
efforts, and/or promote pollutant reduction by eliminating the pollutant source. Nonstructural
BMPs include managerial techniques that focus on the preservation and protection of natural
features.
Clean water act: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as
hereafter amended.
Clearing: . Any activity that removes the vegetative surface cover.
Common plan: Any announcement or piece of documentation (including a sign, public notice
or hearing, advertisement, drawing, ANR plan, or permit application, etc.) or physical demarcation
(including boundary signs, lot stakes, surveyor marking, etc.) indicating imminent or future
construction activities to disturb earth regardless of how many phases or how long it will take to
complete said plan. A Site will no longer be considered part of a Common Plan of Development
if the following criteria are met:
i. The original plan, including modifications, is substantially completed with less than one
acre of the original common plan remaining (i.e., <1 acre of the common plan was not
built out at the time); and
ii. Work on said Site follows a clear, identifiable period of time of two (2) years or more
where there is no construction on the property or other properties that would be part of the
same Common Plan of Development, including final stabilization.
Common plan of development: A "larger common plan of development or sale" is a
contiguous area where multiple separate and distinct construction activities may be taking place at
different times on different schedules under one plan. For example, if a developer buys a 20-acre
lot and builds roads, installs pipes, and runs electricity with the intention of constructing homes or
other structures sometime in the future, this would be considered a larger common plan of
development or sale. If the land is parceled off or sold, and construction occurs on plots that are
less than one acre by separate, independent builders, this activity still would be subject to
stormwater permitting requirements if the smaller plots were included on the original site plan.
Control measure: Refers to any BMP or other method (including effluent limitations) used
to prevent or reduce the discharge of pollutants to waters of the United States.
Construction waste materials: Excess or discarded building or site materials, including but
not limited to concrete truck washout, chemicals, litter, and sanitary waste at a construction site
that may adversely impact water quality.
Construction site: The land or water area where construction activities will occur and where
stormwater controls will be installed and maintained. The construction site includes construction
support activities, which may be located at a different part of the property from where the primary
construction activity will take place, or on a different piece of property altogether. The construction
site is often a smaller subset of the lot or parcel within which the project is taking place.
Construction support activities: A construction-related activity that specifically supports the
construction activity and involves earth disturbance or pollutant-generating activities of its own
and can include activities associated with concrete or asphalt batch plants, equipment staging
yards, materials storage areas, excavated material disposal areas, and borrow areas.
Conveyance: Any structure or device, including pipes, drains, culverts, curb breaks, paved
swales or man-made swales of all types designed or utilized to move or direct stormwater Runoff
or existing water flow.
Developer: A person who undertakes or proposes to undertake Land Disturbance activities.
Discharge: When used without qualification, means the "discharge of a pollutant."
Discharge of a pollutant: Any addition of any “pollutant” or combination of pollutants to
“waters of the United States” from any “point source,” or any addition of any pollutant or
combination of pollutants to the waters of the “contiguous zone” or the ocean from any point
source other than a vessel or other floating craft which is being used as a means of transportation.
This includes additions of pollutants into waters of the United States from surface runoff which is
collected or channeled by man; or discharges through pipes, sewers, or other conveyances, leading
into privately owned treatment works.
Discharge-related activities: Activities which cause, contribute to, or result in stormwater and
allowable non-stormwater point source discharges, and measures such as the siting, construction,
and operation of BMPs to control, reduce, or prevent pollution in the discharges.
Disturbance: Any action that causes a temporary or permanent change in the position,
location, or arrangement of vegetation, soil, sand, rock, gravel, or similar earth material; such
actions may include, but are not limited to, clearing, grading, site preparation (e.g., excavating,
cutting, and filling), soil compaction, and movement and stockpiling of topsoil. See also "Alter."
Erosion: The wearing away of the land surface by natural or artificial forces such as wind,
water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil
particles.
Erosion control: The prevention or reduction of the movement of soil particles or rock
fragments due to stormwater runoff.
Erosion and sediment control plan: A Stormwater Pollution Prevention Plan as required by
the EPA Construction General Permit, or the functional equivalent if a project is not subject to the
EPA Construction General Permit.
Grading: Changing the level or shape of the ground surface.
Groundwater: All water beneath any land surface including water in the soil and bedrock
beneath water bodies.
Grubbing: The act of clearing land surface by digging up roots and stumps.
Illicit discharge: Any discharge to a municipal separate storm sewer that is not composed
entirely of stormwater except discharges pursuant to a NPDES permit (other than the NPDES
permit for discharges from the municipal separate storm sewer) and discharges resulting from
firefighting activities.
Impaired water: A water is impaired if it does not meet one or more of its designated use(s).
Impaired waters refers to categories 4 and 5 of the five-part categorization approach used for
classifying the water quality standards attainment status for water segments under the TMDL
program. Impaired waters compilations are also sometimes referred to as “303(d) lists.” Category
5 waters are impaired because at least one designated use is not being supported or is threatened
and a TMDL is needed. Category 4 waters indicate that at least one designated use is not being
supported but a TMDL is not needed (4a indicates that a TMDL has been approved or established
by EPA; 4b indicates other required control measures are expected in result in the attainment of
water quality standards in a reasonable period of time; and 4c indicates that the non- attainment of
the water quality standard is the result of pollution (e.g., habitat) and is not caused by a pollutant).
Impervious surface: Any surface that prevents or significantly impedes the infiltration of
water into the underlying soil. This can include but is not limited to: roads, driveways, parking
areas, and other areas created using nonporous material; buildings, rooftops, structures, artificial
turf, and compacted gravel or soil.
Industrial activity: The ten categories of industrial activities included in the definition of
“stormwater discharges associated with industrial activity,” as defined in 40 CFR 122.26(b)(14)()-
(ix) and (xi).
Industrial stormwater: Stormwater runoff associated with the definition of “stormwater
discharges associated with industrial activity.”
Infeasible: Means not technologically possible, or not economically practicable and
achievable in light of best industry practices.
Infiltration: The act of conveying surface water into the ground to permit Groundwater
Recharge and the reduction of stormwater Runoff from a project Site.
Interconnection: The point (excluding sheet flow over impervious surfaces) where the
permittee’s MS4 discharges to another MS4 or other storm sewer system, through which the
discharge is eventually conveyed to a water of the United States. Interconnections shall be treated
similarly to outfalls throughout the permit.
Land disturbance: Any action that causes a change in the position, location, or arrangement
of soil, sand, rock, gravel, or similar earth material; involves clearing, grading, or excavating,
including grubbing; or results in an alteration of drainage characteristics.
Lot: An individual tract of land as shown on the current Assessor’s Map for which an
individual tax assessment is made. For the purposes of these regulations, a lot also refers to an area
of a leasehold on a larger parcel of land, as defined in the lease agreement and shown by
approximation on the Assessor’s Map.
Low Impact Development (LID): A set of strategies that seek to maintain natural hydrologic
systems both during and after the development process. This approach is implemented by
engineering a Site so that the Post-Development hydrologic functions remain close to
predevelopment conditions by using design techniques that infiltrate, filter, store, evaporate and
detain stormwater Runoff close to its source.
Massachusetts stormwater management policy: The policy issued by the Department of
Environmental Protection, and as amended from time to time, that coordinates the requirements
prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act, Massachusetts General Laws Chapter 131, Section 40, and Massachusetts Clean
Waters Act, Massachusetts General Laws Chapter 21, Sections 23-56. The policy addresses
stormwater impacts through implementation of performance standards to reduce or prevent
pollutants from reaching water bodies and control the quantity of runoff from a site.
Municipal separate storm sewer system (MS4), or municipal storm drain system, or municipal
drainage system: A conveyance or a system of conveyances designed or used for collecting or
conveying stormwater, including any road with a drainage system, street, gutter, curb, ditches,
inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or
altered drainage channel, reservoir, and other drainage structure that together comprise the storm
drainage system.
@ Owned or operated by a State, city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to State law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes,
including special districts under State law such as a sewer district, flood control
district or drainage district, or similar entity, or an Indian tribe or an authorized
Indian tribal organization, or a designated and approved management agency under
section 208 of the CWA that discharges to waters of the United States;
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40
CFR 122.2.
Massachusetts Stormwater Handbook (HANDBOOK): The Stormwater Handbook, as
amended from time to time, produced by MassDEP and the Massachusetts Office of Coastal Zone
Management to be used as guidance for controlling stormwater. Implementation of Stormwater
Management Standards shall be in accordance with the Stormwater Handbook.
Massachusetts Stormwater Management Standards: The requirements described in the
Massachusetts Stormwater Handbook, as they may be amended from time to time, that address
water quality (pollutants) and water quantity (flooding, low base flow and Recharge) by
establishing standards that require the implementation of a wide variety of stormwater
management strategies. These strategies include environmentally sensitive Site design and LID
techniques to minimize impervious surface and Land Disturbance, source control and pollution
prevention, structural Best Management Practices, construction period erosion and Sedimentation
control, and the long-term operation and maintenance of stormwater management systems. The
Stormwater Management Standards have been incorporated in the Wetlands Protection Act
Regulations, 310 CMR 10.05(6)(k) and the Water Quality Certification Regulations, 314 CMR
9.06(6)(a).
National Pollution Discharge Elimination System (NPDES): As authorized by the Federal
Clean Water Act, the NPDES permit program controls water pollution by regulating point sources
that discharge pollutants into waters of the United States.
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit:
A permit issued by the EPA that authorizes the discharge of pollutants to Waters of the United
States.
New development: Any construction activities or land alteration resulting in total earth
disturbances greater than 1 acre (or activities that are part of a larger common plan of development
disturbing greater than 1 acre) on an area that has not previously been developed to include
impervious cover.
Operation and Maintenance Plan: A plan setting up the functional, financial, and
organizational mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
Owner or operator: The owner, operator, or a person with a legal or equitable interest in
property of any “facility or activity” subject to regulation under the NPDES program.
Person: An individual, association, partnership, corporation, municipality, State or Federal
agency, or an agent or employee thereof.
Point source: Any discernible, confined, and discrete conveyance, including but not limited
to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating
craft from which pollutants are or may be discharged. This term does not include return flows from
irrigated agriculture or agricultural stormwater runoff.
Pollutant: Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, construction wastes and residues including discarded building
materials, concrete truck wash out, chemicals, litter, and sanitary wastes, and industrial, municipal,
and agricultural waste discharged into water.
Post-development: The conditions that reasonably may be expected or anticipated to exist
after completion of the land development activity on a specific Site or tract of land. Post-
Development refers to the phase of a new development or redevelopment project after completion
and does not refer to the construction phase of a project. May also be called post-construction.
Pre-development: The conditions that exist at the time that plans for the land development of
a tract of land are submitted to the Stormwater Authority with a Stormwater Management Permit
Application. Where phased development or plan approval occurs (preliminary Grading, roads,
and utilities, etc.), the existing conditions at the time prior to the first plan submission shall
establish the Site’s Pre-Development conditions.
Qualified inspector: A person knowledgeable in the principles and practice of erosion and
sediment controls and pollution prevention, who possesses the skills to assess conditions at the
construction Site that could impact stormwater quality, and the skills to assess the effectiveness of
any stormwater management facilities selected and installed to meet the requirements of this
permit. The inspector must have a practical knowledge of stormwater hydrology and stormwater
management techniques, including the maintenance requirements for stormwater management
facilities; and the inspector must have the ability to determine if stormwater BMPS and facilities
are performing as intended.
Recharge: The process by which groundwater is replenished by precipitation through the
percolation of runoff and surface water through the soil.
Redevelopment: Any construction, land alteration, or improvement of impervious surfaces
resulting in total earth disturbances greater than 1 acre (or activities that are part of a larger
common plan of development disturbing greater than 1 acre) that does not meet the definition of
new development (see above).
Runoff: The water from rain, snowmelt, or irrigation that flows over the land surface that is
not absorbed into the ground, instead flowing into streams or other surface waters or land
depressions.
Sediment: Mineral or organic soil material that is transported by wind or water, from its origin
to another location; the product of erosion processes.
Sedimentation: The process or act of deposition of sediment.
Significant materials: Includes, but is not limited to: raw materials; fuels; materials such as
solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials
used in food processing or production; hazardous substances designated under section 101(14) of
CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of
SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the
potential to be released with stormwater discharges.
Site: The area extent of construction activities, including but not limited to the creation of new
impervious cover and improvement of existing impervious cover.
Stormwater: Stormwater runoff, snow melt runoff, and surface runoff and drainage. Water
that accumulates on land because of storms and can include runoff from urban areas such as roads
and roofs.
Stormwater authority: Department of Public Works or authorized agent(s) as defined in this
chapter. The Department of Public Works or its agent(s) shall coordinate the review, approval, and
permit process authorized by this chapter. For projects that, in their entirety, are required to obtain
an Order of Conditions from the Winthrop Conservation Commission, the Conservation
Commission is designated as the Stormwater Authority instead of the Department of Public Works.
Stormwater discharges associated with construction activity: A discharge of pollutants in
stormwater runoff from areas where soil disturbing activities (e.g., clearing, grading, or
excavating), construction materials, or equipment storage or maintenance (e.g., fill piles, borrow
areas, concrete truck washout, fueling), or other industrial stormwater directly related to the
construction process (e.g., concrete or asphalt batch plants) are located. (See 40 CFR
122.26(b)(14)(x) and 40 CFR 122.26(b)(15).
Stormwater discharges associated with industrial activity: The discharge from any
conveyance that is used for collecting and conveying stormwater and that is directly related to
manufacturing, processing, or raw materials storage areas at an industrial plant. The term does not
include discharges from facilities or activities excluded from the NPDES program under Part 122.
For the categories of industries identified in this section, the term includes, but is not limited to,
stormwater discharges from industrial plant yards; immediate access roads and rail lines used or
traveled by carriers of raw materials, manufactured products, waste material, or by-products used
or created by the facility; material handling sites; refuse sites; sites used for the application or
disposal of process waste waters (as defined at part 401 of this chapter); sites used for the storage
and maintenance of material handling equipment; sites used for residual treatment, storage, or
disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank
farms) for raw materials, and intermediate and final products; and areas where industrial activity
has taken place in the past and significant materials remain and are exposed to stormwater. For the
purposes of this paragraph, material handling activities include storage, loading and unloading,
transportation, or conveyance of any raw material, intermediate product, final product, by-product,
or waste product. The term excludes areas located on plant lands separate from the plant's industrial
activities, such as office buildings and accompanying parking lots as long as the drainage from the
excluded areas is not mixed with stormwater drained from the above-described areas.
Stormwater management: The use of structural or nonstructural practices that are designed to
reduce stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.
"Stormwater Management" includes the use of structural, and nonstructural stormwater
management practices.
Stormwater management facility: A device engineered and constructed to provide permanent
storage and/or treatment of stormwater runoff.
Stormwater management permit: A permit issued by the Stormwater Authority, after review
of an application, plans, calculations, and other supporting documents, which show that the
proposed project is designed to protect the environment of the Town from the adverse impact of
uncontrolled and untreated stormwater runoff.
Stormwater management plan: A document containing narrative, drawings, details, and
reporting requirements developed by a registered Professional Engineer (PE), which describes
structural and non-structural best management practices designed to control the discharge of
pollutants from impervious surfaces and onsite activities as well as the volume and peak rate of
surface runoff from a site on an ongoing basis after construction has been completed.
Total Maximum Daily Loads (TMDLs): Section 303(d) of the Clean Water Act authorizes the
EPA to assist states, territories and authorized tribes in listing impaired waters and developing
Total Maximum Daily Loads (TMDLs) for these waterbodies. A TMDL establishes the maximum
amount of a pollutant that a water body can accept and still meet water quality standards for
protecting public health and maintaining the designated beneficial uses of those waters for
drinking, swimming, recreation, and fishing. A TMDL is a calculation of the maximum amount of
a pollutant that a waterbody can receive and still meet water quality standards, and an allocation
of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for
point source discharges, load allocations (LAs) for nonpoint sources and/or natural background
and must include a margin of safety (MOS) and account for seasonal variations. (See section
303(d) of the Clean Water Act and 40 CFR 130.2 and 130.7).
Water quality standards: A water quality standard defines the water quality goals of a water
body, or portion thereof, by designating the use or uses to be made of the water and by setting
criteria necessary to protect the uses. States and EPA adopt WQS to protect public health or
welfare, enhance the quality of water and serve the purposes of the Clean Water Act (See CWA
sections 101(a)2 and 303(c)).
Additional terms that apply to issuance of a stormwater management permit established by
this chapter shall be defined and included as part of the regulations promulgated and from time to
time amended under Section 8.X.070 of this chapter, a copy of which shall be available at the
Department of Public Works and the office of the Town Clerk. Terms not defined in the regulations
or pertinent statutes shall be construed according to their customary and usual meaning unless the
context indicates a special or technical meaning.
8.37.050 - Exemptions.
No person subject to this chapter shall alter land within the Town without having obtained a
stormwater management permit (SMP), with the following exceptions:
1.
Construction or alteration of a single-family or two-family dwelling disturbing less than
1-acre of land.
Any work or projects for which all necessary approvals and permits have been issued
before the effective date of this chapter.
Customary cemetery management.
Maintenance of existing landscaping, gardens, or lawn areas.
Normal maintenance and improvement of land in agricultural use as defined in the
wetlands protection regulations under 310 CMR 10.04 and Massachusetts General Laws,
Chapter 40A, Section 3.
Any construction activity or project wholly within the jurisdiction of the Conservation
Commission, provided that an order of conditions has been issued by the Conservation
Commission under Massachusetts General Laws, Chapter 131, Section 40, provided that
the Order of Conditions is not less restrictive than the requirements of this chapter.
Emergency repairs to any municipal stormwater management facility or practice, such
that the original design location, size, and technology remain the same, that poses a threat
to public health or safety, or as deemed necessary by the Department of Public Works.
For purposes of this chapter, "municipal" shall mean the Town of Winthrop.
Normal maintenance or improvement of existing public ways (including widening less
than a single lane, adding shoulders, correcting substandard intersections, improving
existing drainage systems, and repaving projects), walkways, and other infrastructure
under the Town's jurisdiction.
8.37.060 - Coordination with other permits.
A. No building permit, subdivision approval, special permit, variance, or finding shall constitute
compliance with this chapter.
B.
For any project or activity that is subject to this chapter, no work may commence until the
developer submits a complete stormwater management permit application to the Department
of Public Works, the Department of Public Works issues a stormwater management permit,
and the developer certifies that all land clearing, construction, and development will be done
pursuant to the approved plans and permit.
This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or
regulation, statute, or other provision of law. The requirements of this chapter shall be
considered minimum requirements, and where any provision of this chapter imposes
restrictions different from those imposed by any other ordinance, rule or regulation, or other
provision of law, whichever provisions are more restrictive or impose higher protective
standards for human health or the environment shall take precedence.
8.37.070 - Administration.
A. Stormwater authority. The Department of Public Works is the Stormwater Authority under
this chapter. The Department of Public Works or its employees or authorized agents shall
administer, implement, and enforce this chapter. The Department of Public Works may
appoint an agent to issue permits and sign plans provided for in this chapter. The Department
of Public Works may appoint another Town department, commission, or board to act as its
authorized agent for site inspections and enforcement of stormwater and erosion control plans
during and after construction.
B. Stormwater management regulations. The Department of Public Works may adopt, and
periodically amend, rules and regulations relating to the terms, conditions, definitions,
enforcement, fees (including application, clerical, inspection, and/or consultant fees,
procedures, and administration of this chapter. Such regulations shall include, without
limitation:
1. A requirement that stormwater management permits be issued within 60 days of the date
of filing a complete application, unless an extension of time has been granted.
2. Procedures for distribution to and review of permit applications and site plans by the
Conservation Commission or its agent, Building Commissioner, and Director of Public
Works.
3. A requirement for applicants to submit a stormwater operation and maintenance plan for
the stormwater management system and to maintain and report on the performance of
that system over time.
4. Performance standards that require projects to meet the stormwater management
standards of the Massachusetts Stormwater Management Handbook and the NPDES
Phase If General Permit for Municipal Small Separate Storm Sewer Systems in
Massachusetts.
C. Actions by the Department of Public Works. The Department may take any of the following
actions on an application for a Stormwater Management Permit: approve, disapprove, or
approve with conditions. A permit may be disapproved if the Department of Public Works
determines that the requirements of this chapter or the Stormwater Regulations are not met.
D. Stormwater Management Handbook. The Department of Public Works shall utilize the
Massachusetts Stormwater Management Policy and Handbooks, as amended from time to
time, for criteria and information including specifications and standards for the execution of
the provisions of this chapter. These include a list of acceptable stormwater treatment
practices, with specific design criteria for each. Unless specifically altered in this chapter,
stormwater management practices that are designed, constructed, and maintained in
accordance with the Massachusetts Stormwater Management Handbooks’ design and sizing
criteria shall be presumed by the Department of Public Works to be protective of
Massachusetts water quality standards.
E. Appeals of action by the Department of Public Works. A decision of the Department of Public
Works shall be final. Further relief of a decision by the Department of Public Works made
under this chapter shall be reviewable in the Superior Court in an action filed within 60 days
thereof, in accordance with Massachusetts General Laws Chapter 249, Section 4.
8.37.080 - Permit procedures.
Permit procedures and requirements, including permit submittals, right-of-entry, fee schedule,
and public hearing process, shall be defined and included as part of the stormwater regulations
instituted under Section 8.X.070 of this chapter.
8.37.090 - Performance standards.
Criteria for erosion and sediment control and post-construction stormwater management,
including stormwater performance standards, shall be in accordance with the Massachusetts
Stormwater Handbook, the NPDES Phase II General Permit for Municipal Small Separate Storm
Sewer Systems in Massachusetts, and any supplemental requirements as may be contained in the
stormwater regulations under Section 8.X.070 of this chapter.
8.37.100 - Waivers.
In its discretion and after consulting with the Conservation Commission and Building
Commissioner, the Department of Public Works or its agents may waive strict compliance with
any requirement of this chapter or the stormwater regulations where it makes a written finding that
such action is allowed by federal, state and local statutes and/or regulations; in the public interest;
and consistent with the purpose and intent of this chapter. The criteria for granting a waiver shall
be defined and included as part of the regulations promulgated under Section 8.X.070 of this
chapter.
8.37.110 - Enforcement; fines.
The Department of Public Works or its employees or authorized agent shall enforce this
chapter and associated regulations, orders, violation notices, and enforcement orders, and may
pursue all criminal and civil remedies, including injunctive relief and monetary damages and costs
of litigation and attorney fees, for such violations and for abatement and mitigation and compliance
actions taken by the Department of Public Works. As an alternative to criminal prosecution or civil
action, the Department of Public Works may elect to utilize the non-criminal disposition procedure
under Massachusetts General Laws chapter 40, Section 21D. Each day, or part thereof, that a
violation of this chapter occurs or continues shall constitute a separate offense.
To the extent permitted by state law, or if authorized by the owner or other party in control of
the property, the Department of Public Works's agents, officers, and employees may enter upon
privately owned property for the purpose of performing their duties under this chapter and may
make or cause to be made such examinations, surveys, or sampling as the Department of Public
Works deems reasonably necessary to determine compliance with a permit issued under this
chapter. Enforcement shall be further defined and included as part of the regulations promulgated
under Section 8.X.070 of this chapter.
TOWN OF WINTHROP
OFFICE OF THE TOWN COUNCIL
Town Hall. 1 Metcalf Square. Winthron. MA 027157 Telenhone: 617-846-1747
MOTION
Submitted By: Councilor Romano Date: March 19,2026
MOTION
Motion: I move that the Town Council vote to approve that all multiple member body
meetings that have Zoom or other virtual attendance capabilities shall be recorded and
posted to an online video hosting platform or to the town’s website within 72 weekday
hours after said meeting takes place, whenever doing so is reasonably possible