By Adam Swift
The town council approved a motion requesting the town manager intervene and support the Winthrop Says No to 3A committee’s MBTA 3A Community Acts exemption case in Suffolk Superior Court.
The vote came during a special town council meeting that was held on Tuesday, April 14.
Councilors Pat Costigan, Suzanne Swope, Joseph Romano, Paul Reardon, and Martin Finn voted to support the exemption case. Council President Jim Letterie and Councilors Kim Dimes and Kurt Millar voted against the motion, and Councillor-at-Large Max Tassinari was absent from the meeting.
During the debate on the motion, even those councilors who voted no said they have stood opposed to the state’s 3A housing law. Letterie noted that he was the first official in town to oppose 3A at the beginning of 2025.
However, some of the councilors differed in how they should approach fighting the state and 3A. The state’s attorney general has filed suit against Winthrop and eight other communities that are not in compliance with 3A, which requires MBTA and MBTA-adjacent communities to approve a housing development plan.
Town attorney James Cipoletta noted that the town has an active countersuit against the attorney general’s legal action against the town, and that joining in with the Winthrop Says No to 3A suit would require additional time and resources.
“There will be thousands of cases that are going to be looked at before that motion is looked at,” said Cipoletta. “The attorney general is going to say, wait a minute, you are too late, you are late to the game because we’ve already fully litigated this.”
Cipoletta said the town is going forward with a case that contains all its claims and its constitutional claims, which he said could end up in a federal court which could take the constitutional claims more seriously than the state superior court.
Town Manager Tony Marino said he would respect the council’s vote to support the private exemption case, but did request some change in the wording from the original motion ordering him to have the town attorney support the private exemption case. Marino noted that the council does not have the authority to issue orders, but could request that the town manager could involve Cipolleta.
“If you keep it to the same language (of ordering the town attorney to do something), I’m going to have to respond,” said Marino. “There is a whole side to this where I am not going to get accused of not following the charter.”
Marino said he had no issue with whatever action the council requested of him, including having the town join the exemption suit, but that it had to be done correctly.
Romano noted that the opposition to 3A was the central issue of the last town election.
“I think in large part, people at the ballot box had 3A on their minds first and foremost, and I think it is time we do something and act,” said Romano, noting that as has been mentioned by many councilors, the town is losing out on a number of state grants because the town is not in compliance with 3A.
Dimes said she does not support 3A, but that she also does not support an exemption case filed by private citizens.
“I would rather encourage the council to focus on constructive alternatives to reflect the needs and priorities of our town and our residents,” said Dimes. “We do not have the responsibility to enter into litigation on behalf of the town.”
Letterie said that there are financial implications to the town by being tied into the private exemption case.
“Time is a financial implication, there is a lot of time that would have to be put into a suit,” said Letterie.
Costigan noted that the majority of precinct councilors were elected in part because of their opposition to 3A.
“All we want to do is be heard as far as the exemption case is concerned,” said Costigan.
In other business at the special meeting, a motion that would change how late motions can be introduced at council meetings was referred to the council’s rules and ordinance subcommittee.