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MEETING AGENDA
OCTOBER 20, 2026 6:30 PM
TOWN COUNCIL MEETING
HARVEY HEARING ROOM
WINTHROP TOWN COUNCIL
Town Council Members
Town Council President James Letterie
Vice President Swope-Precinct 4
Precinct 1 Councilor Costigan
Precinct 2 Councilor Dimes
Precinct 3 Councilor Romano
Precinct 5 Councilor Reardon
Precinct 6 Councilor Finn
Councilor at Large Millar
Councilor at Large Tassinari
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
MINUTES
• Approval of Minutes October 6, 2026 as circulated
1. GENERAL INFORMATION AND RECOMMENDATIONS
2. PUBLIC HEARING(S)
• Motion Amending Solid Waste Enterprise Fund for FY27
• Proposed Tree Ordinance
• Review Center Business District Zoning (CBD)
• FY27 Tax Classification
3. PUBLIC COMMENT
4. CORRESPONDENCE
5. COMMITTEE REPORTS
Finance Committee
Rules & Ordinance
6. TOWN MANAGER REPORT
7. OLD BUSINESS
Motion Amending Solid Waste Enterprise Fund for FY27
Rules & Ordinance - Dissolve for Six Month Trial Period
Review of Town Council Rules & Procedures
Small Commercial Vehicle Allowance for Resident Parking Sticker IN COMMITTEE
Proposed Ordinance Amendment(s) Center Business District (CBD)
Proposed Ordinance-Tree
8. NEW BUSINESS
FY27 Tax Classification
Temporary Prohibition on the Use of AI by the Town Council Pending Adoption of an AI Policy by the Town of Winthrop
Holiday Lighting
9. PUBLIC RELATIONS / UPCOMING EVENTS
• Early Voting October 17 th -30 th -Town Hall Lobby-Business Hours
• Please call the Town Clerks Office to verify your voting status-617-846-1852-Avoid Long Lines
• Only (1) Town Council Meeting November 10, 2026
• 10-29-26 Halloween Haunt Winthrop Center - French Sq. 4-7 PM
• 10-30-26 Cummings School Trunk or Treat 1-3:15PM
10. ADJOURNMENT
ZOOM AVAILABLE
Meeting ID: 82066827964#
Passcode: 509355
Phone: 1-309-205-3325

TOWN OF WINTHROP
OFFICE OF THE TOWN MANAGER

Town Hall, i Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1077 Fax: 617-846-5458

Anthony Marino
Town Manager
Town Council Motion
October 1, 2026 Fiscal Year 2027

Motion Summary

Title: Amendment of the Solid Waste Enterprise Fund Budget for Fiscal Year 2027
Motion ID: TCM27-003

Motion Details
Motion Type: Amendment of the Solid Waste Enterprise Fund Budget for Fiscal Year
2027
Submitted by: Anthony Marino, Town Manager
Date Submitted: October 1, 2026

Text of Motion

MOTION: I move that the Town Council vote to the amend the Solid Waste Enterprise
Fund budget for fiscal year 2027 to the numbers shown below, which reflects a reduction
of $40,000 to operations and maintenance (tipping fees) and the reduction of $40,000 of
retained earnings as a revenue source. The reason for this amendment is that the Solid
Waste Enterprise Fund ended FY26 with a fund balance of zero:

Personnel and Benefits Costs $96,973

Operation and Maintenance $1,767,324
For a total of $1,864,297
Indirect Costs: $58,592.99

And as funding therefor, that the Town vote to raise the $1,922,889.99 as follows:

User Fees/Other $1,442,889.99
Subsidy from General Fund $480,000

TOWN OF WINTHROP yo’
OFFICE OF THE TOWN COUNCIL =“!

MOTION OU yd
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Submitted by: Councilor Costigan Date: 9-8-26 ff Ws
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TEXT OF MOTION
Chapter 17.50.130 Process,
Current:

Failure by the Planning Board to take final action upon a Special Permit application within ninety (90) days of
the close of the public hearing shall be deemed to be a grant of the Special Permit and the Town Clerk shall

so certify.

Replace with:

authorization of Special Permit. In the event the Town Council fails to rule on granting such permit
within thirty (30) days it shall be deemed to be a grant of the Special Permit and the Town Clerk shall so

certify.

Current:

17.50.210 - Parkil . 16 for Cantar Binal Distri

D. Fees In Lieu of Parking. In the Center Business District, any commercial or mixed-use structure that is
required to provide parking spaces may make payments to the town in lieu of providing for part of the on-site

required parking.

Payment made to the town in-lieu of providing up to 50% of the required on-site parking spaces for a project
in the Center Business District (CBD) shall be allowed by special permit from the planning board, consistent
with standards to be adopted by, and published in advanced by the Planning Board. These standards must

be kept on file with the Winthrop Town Clerk.

A one-time fee of twenty thousand $20,000 (the approximate cost of a structured parking space) per parking
space is to be paid to the Town of Winthrop prior to the receipt of an occupancy permit.

Fees in-tieu of parking shall be deposited into a town downtown parking reserve account to be used for
expenses (e.g. land acquisition, design/engineering services and construction costs) related to adding
parking spaces, improving the utilization of existing parking spaces (e.g., signage, parking management
activities), or reduce the need for new parking to serve the Center Business District (e.g., bicycle, parking,

ride sharing, improved transit).

Replace with:
5 ~ i f nter Distri

D. Fees in Lieu of Parking. In the Center Business District, any commercial or mixed-use structure thatis
required to provide parking spaces may make payments to the town in lieu of providing for part of the on-site
required parking. ;

Payment made to the town in-lieu of providing up to 10% of the required on-site parking spaces for a project
in the Center Business District (CBD) shall be allowed by special permit from the planning board, consistent
with standards to be adopted by, and published in advanced by the Planning Board. These standards must

be kept on file with the Winthrop Town Clerk.

A one-time fee of twenty-five thousand $25,000 (the approximate cost of a structured parking space) per
parking space is to be paid to the Town of Winthrop prior to the receipt of an occupancy permit.

Fees in-lieu of parking shall be deposited into a town downtown parking reserve account to be used for
expenses (e.g. land acquisition, design/engineering services and construction costs) related to adding
parking spaces, Improving the utilization of existing parking spaces (e.g., signage, parking management
activities), or reduce the need for new parking to serve the Center Business District (e.g., bicycle, parking,
ride sharing, improved transit), Requests to appropriate funds out of this Reserve Account shall be filed

with the Town Council,

Current:

17.12.040 ~ Mixed Use,

Under “Dwelling units shall be attowed on ground floors of_buildings if :”

C. the street frontage exceeds 100 feet in length and the maximum ground floor street-facing dwelling units
do not exceed 75 percent of street frontage: at the discretion of the Planning Board by special permit
consistent with standards to be adopted by and published in advance by the planning Board. These

standards must be Kept on file with the Town Clerk.

Proposal to Eliminate the following in its entirety:

C. the street frontage exceeds 100 feet in length and the maximum ground floor street-facing dwelling
units do not exceed 75 percent of street frontage: at the discretion of the Planning Board by special
permit consistent with standards to be adopted by and published in advance by the planning Board.
These standards must be kept on file with the Town Clerk.

ie er 17.16.030 Table of Dimensi

Current:

Footnote 15 tag to Height limits In Central Business ~ Footnote 15. For lots greater than 100,000 square feet
in area that are adjacent to a residential district, Footnote 14 shall not apply and the maximum height shall
be 35 feet at the minimum setback and may increase one additional foot up to a maximum height of 48 feet
so long as an additional foot of setback is provided for each foot of additional height up to 48 feet. Where the
height maximum is lass than 48 feet, the maximum number of stories shall be 3.

Proposed change;

Eliminate both Footnote 14 and Footnote 15 and revise Max Stories/Height In Table 17.16.030 to
Maximum Height of 35 feet only in the Center Business District (CBD)

TOWN OF WINTHROP, MASSACHUSETTS
OFFICE OF THE TOWN ATTORNEY

10 October 2026

Memorandum and Analysis
Proposed Ordinance Amendment To Section 17.50.130

At the request of the Rules and Ordinances Subcommittee of the Winthrop Town Council
the Town Manager has asked me to provide comments, analysis, and recommendations regarding
certain proposed amendments to the Winthrop Zoning Ordinance. Pursuant to that request, the
proposed ordinance amendment to Section 17.50.130 is addressed below.

1. Proposed Amendment:

This proposed amendment to Section 17.50.130 - Process, seeks to shift special permit
granting authority delegated to the Planning Board to the Town Council in the event that the
Planning Board does not act on a special permit request within sixty days. The amendment would
replace the current language with the following text:

Failure by the Planning Board to take final action upon a Special Permit application
within sixty (60) days of the close of the public hearing shall result in an immediate
notification to the Town Council by the Planning Board. The Town Council shall
then act as the Special Permit Granting Authority for authorization of Special Permit.
In the event the Town Council fails to rule on granting such permit within thirty (30)
days it shall be deemed to be a grant of the Special Permit and the Town Clerk shall

so certify.

2. Legal Analysis:

There are several significant legal problems with the proposed amendment. Under
Massachusetts law, the proposed amendment would be invalid because it conflicts with the state
zoning enabling act, G.L. c. 40A, § 9, and presents serious legal issues that cannot be reconciled.
with state law.

A. The Massachusetts Statute:

The pertinent portion of Section 9 states, “Failure by the special permit granting authority to
take final action within said ninety days or extended time, if applicable, shall be deemed to be a
grant of the special permit. The petitioner who seeks such approval by reason of the failure of the
special permit granting authority to act within such time prescribed shall notify the city or town clerk
in writing within fourteen days from the expiration of said ninety days or extended time ...”

B. Conflict with Constructive Grant Provisions:

The validity of a local municipal by-law or ordinance will not be upheld if it conflicts with
the state enabling act, Chapter 40A. Under G. L c. 40A, § 9, a petition for a special permit is
constructively granted if the designated authority fails to take final action on the application within
the statutory ninety-day period following the close of the public hearing. A local ordinance cannot
alter the statutory 90 day time period by allowing another body, such as the town council, to
intervene and decide the case after 60 days.

C. Legislative Authority To Grant Special Permits:

Pursuant to the provisions of G.L. c. 40A, § 9, in Winthrop the Planning Board is the Special

Permit Granting Authority (SPGA) for site plan and design review special permits in the Center

Business District (CBD) and the Special Development Overlay District (SDOD). The Planning

Board also is the SPGA for all special permit uses in the Conservation District.(CD).

The consideration of special permits is governed by the state law and the Winthrop
Ordinances Section 17.50.130. The latter adopts the applicable standards and required procedures
set out in the aforementioned statute. Determination of special permit applications is a quasi-judicial

adjudicatory function rather than a legislative act. Hallenborg v. Town Clerk of Billerica, 360

Mass. 513,516 (1971); Mullin v. Planning Bd. of Brewster, 17 Mass. App. Ct. 139, 142-143 (1983),

citing Boston Edison Co. v. Selectmen of Concord, 355 Mass. 79, 83 (1968). Therefore specific

notice, hearing requirements, findings of fact, and conclusions of law required by G. L. c. 40A, §§
9 and 11 apply to the handling and ultimate determination of special permit applications.

Further, the Massachusetts Appeals Court has ruled that a board decision is not valid where
members of the board who voted to approve the plan had not been present at all the public hearings

when the application was considered. See Mullin v. Planning Bd. of Brewster, supra at 139. (ina

case of adjudicatory proceedings before the planning board, members are required to attend all
hearings on the application to be entitled to vote). In that case, the court ruled that the board acted
in excess of its authority, leading the judge to direct the entry of a judgment annulling the board's
approval decision.

An exception to the Mullin Rule is G.L. c. 39 § 23D(a), that allows fora member
of a municipal board conducting an adjudicatory hearing to miss one session of the hearing and
participate in voting on the application, provided that: (1) the member missed no more than one
session of the hearing; (2) the member examined all evidence received at the missed session; (3) the
evidence includes an audio or video recording of the missed session or a transcript; and, (4) before

voting, the member makes a written certification that he or she examined all of the evidence; and,

(5) the written certification becomes part of the hearing record.

It is important to note however, that this exception applies only to one session of the public
hearing. Further, a critical distinction here is that council members are not “members” of the
Planning Board. Therefore, a claim that council members did all of the things enumerated in §
32(D)(a) and thereby are eligible to vote would be unlikely to withstand a legal challenge based on
the plain language of the statute. Furthermore, there is no statutory authority providing for a
bifurcation of the adjudicatory process such that the authority to grant a special permit. In this
regard, there is a larger problem which is the number of votes required for the grant of a special
permit that is addressed below.

D. Unauthorized Expansion or Transfer of Statutory Powers:

Zoning boards in Massachusetts are creatures of statute. A board cannot expand its own
powers or reshape itself in ways the Zoning Act or other general laws do not allow. Therefore, a
local zoning authority cannot alter its membership or transfer its designated statutory powers unless
there is specific enabling authority within the governing statute . Because there is no statutory
language in G. L. c. 40A, § 9, nor in G. L.c. 41, § 81A - 81J, that authorizes a municipality to
transfer special permit decision-making authority from the designated planning board to a town
council due to delay, the proposed transfer of power would likely be viewed by a court to be legally
invalid.

E. Violation of Due Process and Practical Application:
1. Procedural Due Process:
As proposed, the amendment is legally vulnerable as it would undermine the applicant's and

abutters’ procedural expectations and due process. When the applicant files a special-permit

application, the applicant and parties in interest know which municipal body has jurisdiction.
They participate in hearings before that body, submit materials to that body, respond to questions
from that body, and build the record before that body. Changing the decision-maker in the middle
of the proceeding could, as a matter of law, require the applicant to effectively start over before a
different governmental body, all while the statutory ninety day clock on decision -making is running.
However, by its terms, the proposed amendment would not place the matter before the council until
sixty days after the public hearing has closed. Such a construct would assuredly make the process
extremely vulnerable to being deemed invalid.

2. The Number of Required Votes:

G.L. c. 40A, § 9 expressly provides that a special permit requires at least 4 votes of a
5-member board; a 2/3 vote of a board with more than 5 members; and a unanimous vote of a
3-member board. In Winthrop, the Planning Board is comprised of Five (5) members. Therefore, an
applicant must gain at least four votes in order for a special permit to issue.

Where the proposed amendment would require the Town Council to vote on the issuance of
the special permit the legally required number of votes to obtain the permit would change. The Town
Council is comprised of nine members. Under the mandates of § 9, an applicant who began the
process with the burden of persuading four members of the planning board to vote in the affirmative
then would assume the added burden of convincing six members (2/3) of the council to vote for the
issuance of the special permit after the applicant had already presented its case and the public
hearing had been closed. As noted above, the proposed amendment provides no provision for re-
convening the hearing, nor for argument or submission of additional evidence to the council because

the envisioned transfer of authority would occur sixty days after the close of the public hearing. Not

only would this proposal heighten the bar that the applicant must clear, but it leaves no opportunity
for the council members to ask questions or for the applicant to clear up any lingering matters. This
scenario conjures up grave procedural and constitutional issues and would quite likely run afoul of
the applicant’s right to procedural due process under Article 10 of the Massachusetts Constitution.
3. Conclusion and Recommendation:

Based upon the foregoing facts and applicable law, it would be extremely difficult to defend
against a legal challenge to the proposed amendment. Although I am mindful that the intent of
amendment, at least in part, may be to avoid the issuance of permits by way of procedural default
without the benefit of the application’s merits and sufficiency being tested against the required legal
standards, my recommendation is that the amendment, in its present form, be withdrawn for

noncompliance with state law.

Respectfully submitted,

Games G Cyooletla

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: 617-846-5458

Motion by: Councilor Romano October 13, 2026

MOTION

I move for the Rules and Ordinance Committee to be dissolved for a trial period of six months, All
matters currently in front of the Rules and Ordinance committee at the passing of this motion shall
be put in front of the full council for deliberation at its next regular meeting, with or without a
recommendation. The Town council Rules and Procedures Rule 8 shall say the following to reflect

this change:

After organization of the Town Council, the President may appoint members to standing council
committees. The first named member of each committee shall be the committee’s Chair. Each committee

shall have five members.
Standing committees shall be:

a) FINANCE
b) PUBLIC HEALTH, SAFETY & WORKS COMMITTEE
c) CAPITAL ASSETS, ECONOMIC DEVELOPEMENT, APPOINTMENTS, COMMISSION AND

COMMITTEES

These shall be the only town council standing committees. The council may establish additional
committees as it deems it necessary or desirable, as per Winthrop Town Charter Section 2-6 (c) (vi).
Council committees as established under this section shall only have the power to make recommendations
to send back to the full council and shall not take any votes that are binding on the town council.

FOR REFERENCE ONLY:
SECTION 2-6: EXERCISE OF POWERS; QUORUM; RULES

(c) Rules of Procedure - The town council shall from time to time adopt rules regulating its procedures,
which shall be in addition to the following:

(vi) Committees - The town council shall establish such committees as it deems to be necessary or
desirable to enable it to study and evaluate the maters which come before the town council. In
establishing committees the town council may provide that some of the members of at least some of its
committees need not be members of the town council.

TOWN OF WINTHROP
OFFICE OF THE TOWN COUNCIL

Town Hall, 1 Metcalf Square, Winthrop, MA 02152 Telephone: 617-846-1742 Fax: 617-846-5458

Motion by: Councilor Dimes October 15, 2026

MOTION

Motion to Establish a Temporary Prohibition on the Use of Artificial Intelligence by the Winthrop Town
Council Pending Adoption of an Artificial Intelligence Policy by the Town of Winthrop

Submitted by: Councilor Kim Dimes, Precinct 2
Motion

I move that the Winthrop Town Council vote to prohibit the use of artificial intelligence ("Al"), including but
not limited to ChatGPT, Microsoft Copilot, Google Gemini, Claude, and other generative AI tools, in the
preparation of official Town Council communications, motions, reports, correspondence, policy
recommendations, ordinances, resolutions, and other Council business until such time as the Town of
Winthrop adopts a formal Artificial Intelligence Policy governing its use.

Background:

The Town of Winthrop currently has no adopted policy governing the use of artificial intelligence by elected
officials or municipal employees. Al-generated content presents significant concerns related to accuracy,
transparency, accountability, compliance with public records laws, privacy, cybersecurity, and public trust.

The Town of Winthrop should recognize that the Commonwealth of Massachusetts has adopted an enterprise
policy governing the use of generative artificial intelligence within state government, acknowledging both the
opportunities and risks associated with these technologies. Likewise, municipalities such as the City of Boston
have established formal AI governance frameworks and safeguards prior to authorizing broader use of
artificial intelligence technologies.

Given the absence of an adopted local policy, the Council finds it prudent to establish clear standards,
safeguards, and accountability measures before AI is utilized in the conduct of official municipal and

legislative business.
Requested Action

Vote to:
1.Prohibit the use of artificial intelligence tools by members of the Winthrop Town Council for official

Council business until an AI policy is adopted by the Town of Winthrop.
2.Direct the appropriate committee, Town Counsel, and/or Town Administration to develop recommendations

for a comprehensive Artificial Intelligence Policy.

Effective date: :
Immediately upon adoption and remaining in effect until such time as the Town of Winthrop approves an

Artificial Intelligence Policy.