We, the undersigned citizens, are writing to respectfully request that you reconsider your vote taken on November 19, 2024, during the Special Town Council Meeting held at 6:30 p.m. at the Winthrop Senior Center. During this meeting, the Town Council voted on whether to accept the Winthrop Planning Board's recommendation regarding the MBTA 3A Zoning Community Act. The Council voted not to accept the recommendation by a narrow margin. However, we believe this vote was procedurally defective for several reasons.

First, the oath of office taken by members of the Town Council includes several commitments, including the promise to:
1. Act impartially, fairly, and equally;
2. Use your best skills and abilities to fulfill your responsibilities;
3. Uphold the trust placed in you by the community;
4. Make every effort to maintain peace;
5. Ensure that your actions are lawful and in line with the purposes for which you were elected;
6. Fulfill your duties with the utmost seriousness, as indicated by the concluding words "So help me God."

This oath implies a legal and ethical responsibility to act in accordance with the law. By voting against the Planning Board’s recommendation on November 19, 2024, the Council’s actions appear to have violated the terms of the oath, particularly with respect to upholding the law. 

Second, the Town of Winthrop’s zoning ordinances require the Town and the Town Council to follow all mandatory provisions of the zoning law, specifically Chapter 40A. Paragraph A of Section 17.04.020 – Authority, reads: “This title is adopted pursuant to the authority granted by MGL c. 40A and amendments thereto, herein called the Zoning Act. Where the Zoning Act is amended from time to time, and where such amendments are mandatory, such amendments shall supersede any regulations of this title which have been set forth on the basis of the Zoning Act in existence on the effective date of this title.” (emphasis added). 

Massachusetts General Law Chapter 40A, § 3A (the Zoning Act) mandates that “An MBTA community shall have a zoning ordinance or by-law that provides for at least one district of reasonable size in which multi-family housing is permitted as of right…” (emphasis added). The statute clearly outlines the requirements for zoning in relation to MBTA communities and specifies mandatory provisions.

The term “shall” in legal texts is a directive that indicates something is required to happen. According to the Merriam-Webster Dictionary, “shall” is used to express mandatory actions in laws or directives. (emphasis added). This usage clearly indicates a legal obligation.

As Massachusetts General Law Chapter 40A, § 3A is a mandatory provision, it supersedes local zoning ordinances unless they are in line with the purpose and intent of the law. Given that the law is mandatory, and your oath requires you to uphold the rule of law, you are obligated to adopt the Planning Board’s recommendation from the November 19, 2024, meeting.

Thank you for your time and consideration.