By Adam Swift
Last year, the town council voted not to submit an MBTA 3A Communities Act compliance plan recommended by the planning board.
Thanks to a State Supreme Judicial Court ruling earlier this year, the town council could once again have a compliance plan recommendation in front of it early this summer. The 3A act requires communities to establish zones for multi-family housing in communities with or adjacent to MBTA transportation.
In January the state court ruled that communities act is constitutional, but that the current housing guidelines are unenforceable.
At last week’s town council meeting, Town Manager Tony Marino presented an MBTA 3A action plan letter which was sent to the state’s Executive Office of Housing and Livable Communities.
During the new business section of the council meeting, Councilor-at-Large Rob DeMarco used his council privilege to close discussion on the action plan letter until the next council meeting.
“Let me give you fair warning, if you use your council privilege, which you have absolutely every right to do, the discussion on this would be carried over to the next meeting,” said Council President Jim Letterie. “The action plan would still be submitted by the town manager before Feb. 13. It doesn’t require our vote if you use your motion; what it does if you don’t use your motion is it gives the chance for discussion.”
DeMarco asked if the action plan letter was going to be submitted even though the council previously voted against the MBTA 3A compliance plan.
“Correct, it’s a process,” said Letterie.
DeMarco expressed his displeasure with the process.
Earlier in the meeting, DeMarco said the large majority of the town is opposed to the 3A regulations.
During the public speaking portion of the meeting, resident Vasili Mallios said the town should not have moved forward with submitting the action plan to the state.
“I think the town council should not entertain this motion by the town manager this evening,” he said. “There are a lot of things that are happening this week and within the next two weeks regarding the public comment period for the regulations. I would not approve an action plan, period.
“You guys already voted no on this, why bring it back up?” Mallios continued. “You will play into the state’s game, they are playing games right now. They are trying to convince communities to interim comply so they can get this next wave of communities to buy into this; don’t buy into the games.”
Marino said that contrary to what some others have said, the action plan submitted to the state does not commit Winthrop to anything other than following a process.
“It’s a process that the council already worked to follow in spite of everyone standing up and telling you to vote no,” said Marino. “The council held its ground and worked until the planning board brought the plan and then voted on the plan, which you voted no on. This is the same process.”
Marino said the planning board will look at the new state regulations once they are ready.
“We will put in a request for a density exemption; I have made that case and want to continue to make that case,” said Marino. “I have always been in favor of a density exemption. I don’t believe suing our way there is going to get us there, but I believe (trying) to put it in the regulations is certainly a worthwhile event and I am going to do that.”
The Winthrop Says No to 3A group currently has an exemption case before the state’s superior court.
Marino said that if he did not file an action plan with the state, he would not be doing his job as town manager and following the rules laid out in the town charter stating that he will follow the general laws of the state.
“It (also) puts us at risk,” said Marino. “There are a lot of grants that are going to come up between now and July; they’ve added language to every grant … they can think of.”
The council can choose not to vote on a new compliance plan or to not put it on the agenda.
“You can do whatever you want with it, it’s still your right to do whatever you want with 3A,” said Marino.
Marino added that he does not have the authority to commit the town to comply with 3A.
“They pushed the bar out to July 14, if we don’t file the action plan, then we will be in noncompliance on Feb. 14,” Marino said. “All it says is we commit to the process and I commit to helping you through that process.”
The town manager said the town should not risk losing out on any potential state grants between now and July 14 while it is in the middle of the budget process.
“This does not commit us to anything, it does not say we will comply with 3A, it says we commit to a process,” Marino said.
Diana Viens of the Winthrop Says No to 3A Committee raised concerns about the town process.
“One of our arguments to the court is … we know your hands are somewhat tied here, we know you can do something, but our suggestion is that you remand this case back to the EOHLC to legitimately look at our hardships, the trucks, the airport, our land size” she said. “What do you think they are going to do, when on one hand they have everything going for us, our density and everything else, and on the other hand, they have (Marino) saying that we have a winning vote, because that is what this action plan actually says, it says it will turn out differently this time.”