##VIDEO ID:5SIQdaf5xj0## e e e e e e e e e e e e e e e e e e e e e e e e e e e e All Rise good evening everyone I call the city council to order at 8:00 on Monday January 27th 2025 this meeting is being recorded please join me in the Pledge of Allegiance I pledge aliance to the flag of unit un States of America to the repblic for which it stands nation under God indivisible with liberty and justice for all thank you this evening we have 13 items on the agenda and I'll ask the city clerk to please read agenda item number one minutes of the city council meeting January 6th 2025 councelor Brown thank you Mr President moveed to accept and place on file the minutes motion Maiden second to accept and place on file the minutes any discussion on the motion seeing none all those in favor opposed the minutes are file 10 Z agenda item number two from city council president aing city council regular meeting schedule and city council committee assignments for the 2025 legislative year Council roie accept Mo motion made second to accept and place on file any discussion on the motion seeing none all those in favor oppose the 2025 schedule and these committee assignments are filed 10 agenda item number three now is the time for the public hearing on the application for special permit from malbro Maple real estate trust for a drive-through window in an existing building to add a cafe at 420 Maple Street order number 24-100 9317 okay this public hearing will be taken up in four stages first with the public speaking in favor starting with the applicant second questions from the public third public speaking opposition and finally questions from the city council so I'll ask each person to speak to please uh State their name and address and I will turn it over to the applicant hi thank you thank you st and thank you uh councilman and women um I uh I'm the owner of 420 Maple Street I'm uh can I get your name and address Charlotte mayard charl um a a creative development company um and um I am partnering with Christian Christian is small business owner uh who um he can talk more about what he does but we wanted to open a cafe and um uh at the uh at the tail end of the building at at 420 Maple Street um we have done multiple reviews of the site plan and um upgraded the striping um added a lot as you can see here a lot of vegetation where there was none before um we limited um we limited this um Charlotte Charlotte if you disappear from the microphone the audience it I mean you can take the mic home you can take the microphone out and walk over there if you want well no the uh issue is we we worked hard with the with the town and um to create better flow in the uh and more and more vegetation along um Route 85 uh there you go um and uh the the cafe will have two entrances on both sides so uh it'll have a very open feeling um and I think it would add a a lot not only to um to the 85 Corridor but also to the community in Maro in general because it's a really you you when you have the coffee you will realize it's a really wonderful product um I will hand it over to Christian good evening good evening my name is Christian baragan I own Saxon B milles Cafe and andina Cafe located in framan in the downtown of framan um we from Colombia we are a rotary company a small company we try to bring a a specialty coffee to the community to bring a nicest space and atmospher to have a a nice cup of coffee uh we've been award last year as H best coffee shop in Framingham by different um applications job and Restaurant Guru Restaurant um because we have a better quality best quality of coffee we dedicate to the Community we try to create a new location to bring it more jobs to the community we're going to create around like 10 to 15 new jobs and we're going to create a better experience of coffee hopefully for the community of Malboro thank you Christian anything else you want to add Charlotte or do you want to show the folks just the folks at home where the drive-thru portion is um here [Music] well here Steve will do it Steve will show you Steve is um from Sammy Otis uh Consulting Engineers he helped um with the traffic flow so you will come in off Walker there'll be signage um in various aspects to make sure that it's very clear how you um how you access and and then you drive right there and you can stack up uh you order at the beginning and then you pick up from a window there and then you continue and you go back onto Route 85 that's how you exit out of this out of spot thank you sh thank you any other members of the public speaking in favor any other members of the public speaking in favor any other members of the public speaking in favor hearing none I close that portion of the public hearing questions from the public any questions from the public please come up the microphone state your name and address please hello my name is stas Ban 27 Jefferson Street malor this is exciting but I also wanted to ask you what is the plan for roasting are you planning to roast at the location or are you planning to roast elsewhere no we have a location in Saxonville and two Central stream firmingham that's going to be our base for roasting we really do operation roasting we import our coffee directly from our farms in Colombia we uh stor us right there and we roasted right there this location is going to be a third location and it's only going to be for consume of coffee it's not going to be roasting and uh besides the drive-thru will there be seating inside of the building yeah it's going to be a nice space big space for seating we're going to have um yeah a lot of seating space what's the the seating is shown in this plan right here Charlotte I'm going to have to ask you to come to the microphone because sorry the seating is plan is shown on the plan we have limited the amount of seats to I think under 40 40 people years yeah so so that would be 10 10 tables of four any exterior seating no we don't have any we don't have the space for exterior spe exterior seating well thought that would be lovely are you planning to change any signs or anything else about the building um no there will be a sign um above the door uh like there are tenants around that building and then the the there's a denion sign here that will come on back to the microphone there there's a there's a there's already existing sign the name will be put on that sign and then there'll be some directions um and that's it what about if I'd like to just come without a drive through and try to go you where would I park you can park in that open area and the other end and the area on both sides cuz they'll you can enter on both sides of the building I'm famili with that building I used to go to the gym there for a while oh good um but I was just I didn't know this is happening so this exciting than oh good thank you SAS any other members of the public have questions any questions from members of the public any questions from the public hearing none I close that portion of the public hearing any members of the public speaking opposition any members of the public speaking in opposition any members of the public speaking in opposition hearing none I close that portion of the public hearing questions from the city councilors council of idol thank you Mr President have I'm just curious uh there has been previous retailers who wanted to go into this area have you talked to any of the abutters about this business uh I have not talked to any abutters um the abutters are all other businesses but they are not um competing businesses there's the Ford dealer um there's the other car dealer on the corner of the Aussie right and then there's a a repair shop and then on the other kind is another car so hopefully it will bring in uh customers to buy cars and one more question there's a lot of drive-throughs around town and everywhere in America and most of the time they have their own driveway that goes into the the drive-thru but this one is going to be sharing the driveway to the drive-thru with the parcking lot do you see any problems with people like if there's a long line and your business is doing well and I want to get out of a parking space I won't be able to or at least not easily yep I I wish this was a Starbucks in some ways because they probably PID much higher rent but um uh the because this is a small business it doesn't have the pull that you would think of as as you know uh a like 500 line thing you're probably going to get what do we think we got approximately around 120 160 customers a day just one other thing so Steve Garin s's consultant's 28th Street in framy Ms um so we we looked in and met with um City staff and and came up with about a four or five Q of for cars they're mostly selling just coffee um so it's not like a place we Wai at duck a donuts for a sandwich to be made and the like there's two lanes so you can actually go by there's it it's directional that if the q's there you can still drive around it and get in and out so in no way does it back up um the driving ability and maneuverability around the site thank you very much that was better answer thank you Council V questions for the council Council arm thank you Mr President good evening um I see you got arrows there my question obviously a question was just asked about the internal part of that parking space how about entering and exiting can you explain it a little better we traffic engineering okay good evening members of the council uh Sean Kelly with Chapel engineering um the access would essentially be maintained to what you have today which is two driveways on Route 85 and two driveways on Walker Street um we have made some recommendations to improve the access um on the Walker Street side um within the islands between the driveways there's some some fairly tall vegetation today that blocks sight line so we have made some recommendations to cut that back and install payment markets that better delineate inbound and outbound flows and then on Route 85 at the northern driveway um the sight lines looking North are a little obstructed um there's a sign there there's some some grades in the road itself both uh vertical and horizontal curvature so we've made recommendations to restrict exiting traffic on 85 at that Northern driveway uh to right turns only no left turns out there but other than that the the axis would essentially be the same as it is today just more cleaned up and a little safer so that middle exit entrance that's going to be exit only right turn only that would be right turn only correct how about the other one that has the arrow coming in that would be a you could you could exit and exit there in both directions enter have you reviewed the road especially during traffic time per high traffic time periods morning especially morning I I use that road every day almost and I'll be honest my concern is everyone's trying to get into the single Lane and they rush to get there and there have been accidents sure because it's a bad intersection in respect to Jumping ahead of the other car everyone's trying to get don't know why because they're going to get stuck in South bro but my concern is right uh a left turn out of that facility I would suggest and I'll probably bring it up if it goes to Urban Affairs that there be no left turn out of that side of Maple Street I have no problem with cars going in but I've seen near misses and accidents on 85 not to your fault it's just a bad intersection and maybe with some reasoning signage and so forth and I when I was thinking I didn't see this plan I do see one issue how's the traffic going to get back over to Walker Street so without going through the entire parking lot but I still see it as an issue right and I would ask that you review that and try to figure that out right and we we did do a full speed study and sight distance analysis as part of our assessment and certainly at that that Northern driveway the left out doesn't meet the required criteria to make that maneuver in a safe Manner and that's why we recommended pushing it to the to the southern driveway and and that driveway does provide the the distances that are required based on the 85th percenti travel speeds but certainly the northern driveway uh we Concur and entirely that even on the southern entrance it only shows as an entrance on your plan it doesn't show it as an exit you don't have an arrow on it but that's the one I'm concerned about and anyone on Maple Street because if a car is going towards Southboro and decides to stop there to enter in from Route a 5 into the Plaza on that southern entrance our exit too our exit I see issues of traffic trying to get out or in especially in from the it would be going towards Southboro or exiting towards South bro on any part of the Maple Street side I find concerning and unfortunately I've seen accidents and you have a car stopping when the cars are coming down trying to get ahead of each other there's a chance they're not going to see the car trying to turn in or out so I'm not for sure if it can be worked out but I would ask you consider it and it can be reviewed in urban Affairs thank you thank you thank you Council Council duet thank you very much Mr President actually still back to traffic so don't go too far okay um but uh if if I'm at the uh coffe you know at the window and I'm going to be heading on to Walker Street really the safe way is going to go all the way around cuz I you have to right have to go all the way around the building so that I just want to make sure that that was out there to councilor aram's point because it's not a bad trip you know because I I did it going around the building earlier but um that does make it uh traffic-wise just somewhat you know irritation more than anything else but uh best the Lu with the business so thank you thank you Council duet Council pre thank you Mr Mr President um thank you for being here um this is a very exciting plan I think it's great location for this business aside from the traffic concerns the other counselors have on turning on to Maple Street I don't know how to fully address that I know that the entrance at the end that you pointed out is a much safer exit Dunkin Donuts is the same situation you can't you're crossing over Maple Street to get Northbound um so I it if we let them do it I think you know with some maybe feasibility we can um be okay with this as well being a a turning uh weird exit turning situation there um I've seen accidents there I know it's a little dangerous um but like I said up the street Maple Street same situation um it is an exciting opportunity for the rest of those businesses around there especially the um car dealerships I don't think people are going to come in um I I mean it it's a great spot because there's so many people come in to buy cars and there's no other location around except Dunkin Donuts as an option um that's also the same thing for people coming in and out of the city when they're looking for something quick in the morning or in the afternoon um so I think it serves um quite a bit of the population as well as business there um so I think overall it's pretty good I'd love to see what the inside would look like um in the next meeting um but aside from the Maple Street exit I think this is a pretty straightforward plan thank you for being here I if if you have time if any of you have time and want to come to the um Saxonville Mills Cafe it will have a similar feel um obviously it's a different type of building and everything else but it will have that same feel it's it's quite a cool and and you can try some of the pastries which are fabulous as well thank you Council pre any other counselors councilor Robi thank you Mr President so I I hate to keep harping on it but I I do also have questions on the traffic and specifically The More Southern entrance on Maple if I turn coming if I'm entering there if I'm coming north and I enter there now how do I get to the drive-thru do I have to go all the way around the whole building you do what happens if somebody wants to cut through and go into that space where it looks like there's room for two cars and go and then do pull into a parking spot back up and do the drive through the I I believe the site the the site plan that is doesn't have pretty colors on it shows there's signage um sign here well Catherine's not at the microphone site plan did address that and they want they were adamant about the signage directing traffic around the building so that you can't go left yeah do not enter signs go this way signs so that so that throughout throughout you will have in your site plan some obvious all right and maybe because unfortunately all we're doing is approving a drive-thru if we have the ability to get the info from site plan for plans for urban Affairs I think it would be helpful for us so council president if I can help and the the um this was the architectural plan and they shut off some of the the the striped right so if you see that southern exit we're talking about there's a two-way left and right turn um coming out so it cleans up a very open um kind of wide open undel um access and erress right now and also if you see where you're talking about there's a big do not enter double line there so there's there's signage and striping that's going to be very clear that that's one way coming out so you can't cut through that way uh and as um Charlotte was saying there's going to be a lot of signage that'll guide you around and I think I see your fellow council person said it it's not that bad a trip i' I've done it myself uh no I have also done it just out of curiosity for this coming in but but there's more signage in striping and we gave you a plan that illustrates all of that okay and and I guess maybe we can check with legal two to our ability 85 is a state road I don't know if we can close and entrance that they've approved as being open or not um but we can check that out and then I'm sorry can you restate what the name of the restaurant is in Framingham we got two is one Corporation two different names one is Saxon B Mills Cafe and the other one is andina Cafe the new one will be called andina CAF and where is the Adena Cafe U 197 Conor Street okay right in front of downtown thank you thank you Council as soon as we get the language for the special permit we can set up an urban Affairs meeting and proceed okay any other questions from the counselors questions from the counselors any questions from the counselors seeing none I close that portion of the public hearing and the entire public hearing this matter is before Urban Affairs agenda item number four thank you now is the time for the public hearing of the proposed zoning map Amendment from rundo Netto owner of 36 Jefferson Street rezone 36 Jefferson Street identified as map 56 parcel 153 from residence B uh to Neighborhood business district uh order number 24-19 330 this public hearing order number 24-19 330 will be rescheduled to a new date and read advertised with no testimony being taken at the January 27th 2025 city council meeting so I'll entertain a motion to reschedule the public hearing to February 24th and advertise Council Ro thank you Mr President move to reschedule the public hearing to February 24th motion made in second to reschedule the public hearing to February 24th and to advertise any discussion on the motion seeing none on those in favor oppos it's going to be rescheduled to February 24th and we will advertise it as well vote is 10 0 agenda item number five communication from the mayor regarding notification of extension of temporary appointment pursuing to Mass General Law chapter 41 section 61a of Michaela J spagone as interim City comp control of treasurer for an additional 60-day term effec of January 14th 2025 Council naen thank you Mr President motion to accept and place on file motion made second to accept and place on file any discussion on the motion seeing none all those in favor oppos the moot the uh item is filed with a vote of 10 0 agenda item number six communication from the mayor regarding mid-year transfer requests totaling $928,000 the transfers go to finance votes 10 Z agenda item number seven communication from city solicitor Jason grossfield regarding application for amendment to special permit from attorney Brian faul on behalf of garden Remy Inc to allow for the relocation of the establishment from 416 Boston Post Road East to 423 Lakeside Avenue in proper legal form order number 24-100 9306b Council Roby thank you Mr President move to accept the communication from the solicitor and to move the language on the special permit to reports motion made second to accept and place on file a communication from the solicitor and move this item to reports of committees any discussion on the motion seeing n all those in favor oppos the communication will be filed and this is going to move down to reports the committee votes 10 Z agenda item number eight communication from assistant city solicitor Jeremy mcmanis on behalf of councel aing regarding proposed zoning Amendment relative to medical and adult use marijuana Council Robi thank you Mr President I think this is just to accept and place on file no this is a referred to Urban public but isn't that what I would do when we get to number 12 no 12's McGee farm this is I'm sorry yes okay um I didn't have time to make notes and I'm sort of acting on the sly here move to referred to Urban Affairs and the planning board set a public hearing for February 24th and advertise motions made in second refer this item to Urban Affairs the planning board set of public hearing for February 24th and to advertise any discussion on the mo motion seeing none all those in favor oppos the items go into urban Affairs the planning board a public hearing for February 24th and advertise the vote is 10-0 agenda item number nine communication from Justin mlet Trustee of one Maple terrrace regarding information on the proposed zoning map to include one Maple Terrace identified as map 70 partial 274 in the marbor village District order number 24-100 935b Council Roby thank you Mr President move to accept and place on file the communication motion made second to accept and place on file communication any discussion on the motion seeing none all those in favor opposed the communication is filed 10 0 agenda it number 10 application for renewal of a taxi Livery license from Nathan subia DBA indelible Home Care Inc to operate a liy service with one vehicle at 97 Neil Street in addition we have a communication from police chief Georgie regarding the renewal of the taxi delery license for Nathan Sabula and he has no objections to the renewal Council pillo thank you Mr President based on the communication from Chief Georgie I move to approve the renewal of the livery service motions made in second to approve the liery service any discussion on the motion seeing none all those in favor oppos the liery service is approved the vote is 10-0 agenda item number 11 application for a special permit from McDonald's USA LLC for proposed restaurant with a drive-through facility use within the Wayside District at 735 Boston Post Road East Council duet thank you much Mr President please Rec let the record show that I'm recusing myself from this thank you Council duet will'll Let the record reflect that Council duet will not be participating Council Roby thank you Mr President move to refer this to Urban Affairs head a public hearing for February 24th and advertise motion remain second refer this item to Urban Affairs will advertise a public hearing for February 24th and to advertise any discussion on the motion seeing none all those in favor opposed it is approved 90 with one abstention to go to Urban Affairs at a public hearing for February 24th and to advertise agenda item number 12 page for amendment to a special permit from 339 Boston Post Road owner LLC regarding uh to modify a condition of an existing special permit to alter the language relative to certain traffic calming improvements for the project being built at 339 Boston Post Road East Council Roy thank you Mr President I move to refer this to Urban Affairs the planning board set a public hearing for February 24th and advertise yeah I don't know this has to go to the planning but this one this is just it's not zoning no this is just us never mind only refer to Urban Affairs motion made and seconded to refer to the urban Affairs committee will set a public hearing for February 24th and to advertise any discussion on the motion seeing none all those in favor oppose this items go into urban affairs with the February 24th public hearing and advertise the vote is 10-0 agenda item 13 minutes of boards commissions and committees Mr President CC du thank you very much Mr President motion to accept and place on file the minutes of the board's Comm and committees motion made in second accept and place on file all the minutes any discussion on the motion seeing none all those in favor opposed the minutes of file 10 Z reports of committees who wants to go first Council naan thank you Mr President um the city council Veterans Affair committee met on January 13th at 7 p.m. um voting members present uh were the chair councel Brown and councelor vital um we were also joined by councilor ausing pillo Irish Roby orm ducet pre a um acting DPW commissioner Ted Scott and Veterans director Mike Hennessy were on hand to discuss the order um chair began by reading the order and then commissioner Scott and director Hennessy reviewed the issues with the Committees and the other counselors that were present commissioner Scott explained the makeup of the DPW division of Forestry Parks and Recreation and cemeteries um there are currently four vacancies one of those are in cemeteries the commissioner explained how the employees are being cross cross Tred to maintain flexibility among the three units and the ability to cover events such as Memorial Day as needed commissioner also stated that the stones are repaired on a case-by Case basis after reviewing reasons for damage and if the stones are historic the city does try to make repairs as there's often no family remaining to do so director Hennessy explained the role of the Federal Government in repairing historic gravestones um and that of stones of other veterans he's been working with longtime volunteer Matt sergeant and the Historical Society the replacement Stones would be delivered to any location that's requested by the city if they approved by the VA there has also been ongoing work to complete an audit of Veteran headstones and grave markers uh the commissioner noted that he would also like to include all Stones not just the stones of veterans chair asked for the best way for people who are interested in helping to do so and the commissioner explained that the best way is to call DPW and his well-trained team will follow through he added their ongoing volunteer efforts including Eagle Scouts as well as some others uh councelor Brown asked about the sinking stones and the director stated that Mr Sergeant has also looked at this issue some are being reset and however some historic Stones need to be handled differently due to their size and weight um the the volunteers were also lucky to receive a piece of equipment from the Italian-American veterans Club to assist with the work of hoisting the stones councelor vital explained his concerns and asked why there is no longer a cemetery commission commissioner Scott was not aware of the reasons but did explain that the duties were placed in the hands of the DPW commissioner by an ordinance change enacted by the city council councelor vital stated that he would like to see a program for the tracking of repairs and plat Council or inquired about the cemetery owned by the Catholic Arch dasis and disrepair for many years including some very old and sunken burial Lots the chair asked if the city would help facilitate any VA replacement gravestones at cemeteries that were not owned and operated by the City Commissioner agreed that they would do so and the director also agreed to make inquiries with a local representative um on behalf of the arch dasis Council Robi inquired why the date of April 1st for each year was chosen for the submitt of a report to the city council and the chair replied that it was chosen due to the timeline of the capital and operating budget as well as the beginning of the Cemetery maintenance season councelor ausing expressed concerns that there are no available rules for expending funds commissioner Scott stated that he had the same question earlier on and was told he could only spend the interest of the account Council aing stated there should be written guidelines indicating how the funds could be spent on a motion by Council Brown seconded by the chair the committee recommended approval of the order with the following conditions one the establishment of written guidelines indicating how the funds can be expended and two and the establishment of a program for tracking the repairs to stones and plaques on a motion by Council Brown the committee adjourned at 747 thank you councilor NE thank you Council Roby thank you Mr President the urban Affairs committee met on January 13th we had two items on our agenda the first one was order number 2419 306 in application for amended special permit from attorney Brian faul on behalf of garden remedies Incorporated to allow for the relocation of the adult youth's retail and medical marijuana established from the current location at 416 Boston Post Road East to 430 423 Lakeside Avenue present were attorney faulcon Jeff Harold Garden remedy's chief executive officer the chair read through the comments that were received from the managers and began review of the draft decision Council just have pointed out the need to clarify East on the address on Post Road chair Roby CL clarified the special permit would increase the hours of operation Council aing asked that the number of members who submitted letters in favor to be specified the dates for the attachment A and B need to be included and pointed out that there would be no on-site consumption or use of marijuana at the new site council do set move to recommend the council approve the draft notice of decision Grant of amended special permit with the following amendments finding of facts number two at East finding of facts number eight add in the date of the plans described as attachment a finding of facts number 13 add in the number of members who submitted the letters in favor of the use add in the date of attachment B and findings D16 and 17 the motion was seconded and the vote carried 3 to one with councelor naven voting no councelor Landers was absent um the committee did request that this be sent to the solicitor to be in proper form for tonight's meeting we have that on our agenda as number seven I would move to suspend the rules to be able to vote for this this evening motion remain second to suspend the rules all those in favor of the suspension oppos suspension carries 10-0 and move the recommendation of committee to approve motion's been made and seconded to approve the recommendation of committee I'll will ask the clerk to please read the conditions sit back everyone the city council pursu Authority Under Massachusetts General Law chapter 48 in the zoning ordinance of the city of malb hereby grants the applicant an amendment to the original special permit the first amended special permit and the second amended special permit in order to relocate and operate a medical marijuana treatment center and an adult use adult use marijuana retail establishment at 423 Lakeside Avenue subject to the following conditions which condition shall be subject which shall be binding on the applicant successors Andor asss One Construction in accordance with applicable laws construction at the new site is to be in accordance with applicable building codes and zoning regulations in effect in the city of malor and the Commonwealth of Massachusetts two compliance with applicable laws the applicant agrees to comply with all Municipal state and federal rules regulations and ordinances as they may as they may apply to the construction maintenance and operation of the use at the new site three site plan review the use at the new site is further subject to site plan review in accordance with the city of malbro site plan review ordinance prior to the issuance of the building permit as required by section 650 32e any additional changes alterations modifications or amendments as required during the process of site plan review shall be further conditions attached to the building permit and no final occupancy permit shall be issued until the applicant has complied with all the conditions provided however that subsequent to the issuance of the special permit the site plan approval the site plan review committee May authorize the phasing of site and building work depending upon weather conditions and other factors site plan review shall be consistent with the conditions of the special permit and the material submitted reviewed and approved by the city council as a special permit granting Authority for incorporation of submissions all plans photo rendering site of valuations briefs and other documentation provided by the applicant as part of the application or is amended or revised during the application hearing process before the city council and or the city council's Urban Affairs committee are he and incorporated into and become part of this special permit and become conditions and requirements of the same unless otherwise altered by the city council five compliance with state requirements in accordance with section 65018 45 C and section 6501 1846 C of the zoning ordinance the use at the new site shall comply with all statutes and regulations of the Comm of Massachusetts for the lure and operation of a medical marijuana treatment center and or an adult used marijuana retail establishment six transition from original site to new site a until such time as the applicant commences marijuana sales at the new site the original special permit the first amended special permit and the second amended special permit shall continue unmodified to govern the use at the original site once the applicant commences marijuana sales at the new site the decision shall exclusively govern the use and the use shall be not conducted reintroduced at the original site B the applicant shall not commence marijuana sales at the new site until marijuana sales at the original site have terminated the applicant shall provide written notice to the Building Commissioner as to the commencement of sales date at the new site C the applicant May obtain a building permit and other permits to build out the tenant space at the new site stock the new site with equipment and inventory conduct administrative work at the new site and conduct employee training at the new site in addition to other activities not constituting marijuana sales at the new site while marijuana sales at the original site continue D consistent with the city sign ordinance the applicant May install signage at the new site while marijuana sales at the original site continue including temporary signage alerting customers to the relocation of the use not later than 60 days following the relocation of the use to the new site and the termination of marijuana sales at the original site all signage for the use at the original site shall be removed with the exception of temporary signage alerting customers to the relocation of the use to the new site seven partial use subject to condition six the applicant is not required to operate all portions of the use at the new site simultaneously the applicant May commence either the medical marijuana Treatment Center portion of the use or the adult use marijuana retail establishment portion of the use at the new site upon receipt of all local and state permits and licenses for the respective portion of the use and commence with the other portion of the use at the new site at a later date similarly if either the medical marijuana Treatment Center portion of the use or the adult use marijuana retail establishment portion of the use ceases either temporary or permanently the applicant May operate the other portion of the use once any once any portion of the use commences at the new site that portion of the use may not be conducted or reintroduced at the original site eight security a at the new site the applicant shall maintain a secure entrance lobby waiting area providing a physical separation between the exterior door of the unit and the interior areas of the unit where marijuana and marijuana infused products are to be dispensed and sold and secured with security Personnel available during operating hours to screen individuals arriving at the unit to ensure that interior areas of the unit are only accessible to qualified patients caregivers or persons over the age of 21 and to ensure that no individual poses a direct threat to the health or safety of others B the applicant shall maintain a secure pickup and drop off area for patients customers and products at the new site C the use at the new site shall have opaque exterior windows D the applicant shall maintain adequate Staffing so that patients and customers may make their purchases an efficient manner to avoid queuing and impacts on the neighboring uses at the new site e the applicant shall maintain surveillance cameras capable of 24-hour video recording archiving recordings and the ability to immediately produce images in on around or at the use at the new site nine processing and odors there shall be no processing or manufacturing of marijuana or marijuana infused products at the site as part of the use at the new site marijuana and marijuana products shall be prepackaged and sealed prior to arriving at the new site any odors associated with marijuana and marijuana infused products shall be limited to the interior of the unit there shall be no onsite consumption or use of marijuana or marijuana infused products associated with the use at the new site 10 hours the maximum hours of operation of the use at the new site shall be Monday through Saturday 9:00 a.m. to 11:00 p.m. and Sunday from 10: a.m. to 9:00 p.m. 11 contact information the applicant shall provide current contact information of management and staff to the chief of police The Building Commissioner and the city council 12 annual reports the applicant shall submit to the city council the same name annual reports that the that must be provided to the Massachusetts cannabis Control Commission 13 inspection and Records the applicant shall make the use available for regular inspections by City officials or their agents and shall provide City officials or their agents with access to the same records which are available for inspection to the Massachusetts cannabis Control Commission 14 background checks the applicant shall require that employees undergo a criminal background check including but not limited to a quy and an additional background check by the chief of police who shall have the authority to disapprove the employment of any person or persons as a result of said background check 15 unrelated materials the applicant shall not make available for sale as part of the use at the new site any materials or items unrelated to the sale of marijuana including without limitation tobacco products clo cigarettes or ecigarettes 16 police detail the applican shall employ a city of malbro police detail at the new site in the event that the chief of police determines in a letter filed with the city council that a police detail is necessary at certain times during the operation of the use in the event a city of malor police detail is not available when required the applicant shall obtain a private detail and 17 recording of decision in accordance with the provisions of Massachusetts General R chapter 48 section 11 the applicant at its expense shall record this special permit of the middle sex South registry of deeds after the city clerk has certified the 20-day period for appealing the special permit has elapsed with no appeal having been filed and before the applicant is applied to the Building Commissioner for a building permit upon recording the applicant shall forth with provide a copy of the recorded special permit to the city council office the building department and the city solicitors office office thank you Mr clerk take a drink of water all right councilors you heard the conditions are there any other comments on the conditions hearing none on the motion to approve the special permit this will be a roll call vote I will ask the city clerk to please call the role Council Brown yes councelor preciado yes Council Oram yes councelor aing yes councelor Irish yes Council Landers is absent councelor Roby yes councelor fillo yes councelor ducet yes councelor vital yes and counselor naan no nine yay one no one nay and one absence the special permit for the relocation of gten Remedies is approved by a vote of nine in favor one oppos Council Roby thank you Mr President I should have asked if it was okay to take these sort of like that you're doing fine it worked well now the clerk can rest for a minute um the second item on our agenda was order number 24100 9298 in application for a special permit from attorney Christopher flood on behalf of Annabelle GMO saror to convert an existing two family residential property located at 30 Maple Street to a three family residential property present were attorney flood and Mr sakor the chair reminded members they had a copy of the report of the public hearing the chair read through the decision on the special permit councelor aing suggested adding an information on who spoke and noted that the mayor didn't doesn't sign special permit so that can be deleted from the copy and details on the plans should be included in the conditions chair Robby requested that there be an additional condition that clarified how the owner would surrender and convert to Storage Unit D after discussion it was agreed that the condition would include removing the plumbing in the bathroom capping it chair Robi also suggested that having Ares planted along the fence will help the concern of noise that a neighbor brought up at the public hearing Council duet move to recommend approval of the draft decision on the special permit with the following amendments include details on who spoke at the public hearing add in details of the plans in D3 add in condition that Unit D would be surrendered and converted in storage and the fixtures in the bathroom would be removed and plumbing capped at in condition that Arbor vies will be planted along with the fence line to screen the neighbors behind the property and that the last page with signatures be changed to include appropriate information the motion was seconded and the vote carried 4 to Zero councel apps councel Landers was absent attorney flood is going to be making changes I'm reporting this out tonight we'll ask for a suspension but I will first note that in the discussions between our secretary and Mr flood it was suggested that we clarify the height of the arbores so I guess what's appropriate is that this body take a vote to add in I can suspend the rule so that this body can add in the words six foot in front of arbores and then that language which the solicitor already has will be there is that Council Rob has a requested a suspension of the rules all those in favor oppose suspension carries Council Roby so move to add in 6 foot Arbor vies within the language the condition that the arbor vies be planted along the fence line motion maid seconded to add in the six foot requirement for the abraitis any dis any discussion on the motion seeing n all those in favor oppos that carries 10 Z and then move to refer this to the solicitor to be put in proper form and on a future agenda motion main second refer to the solicitor be put in proper form any discussion on the motion seeing none all those in favor oppos it's going to the solicitor the votes 10 zero any other reports of committees councilor Irish thank you Mr President uh Public Service Announcement the uh finance committee will meet on February 3rd 2025 at 700 p.m. thank you any other reports of committies council naan move to adjourn motion made in second to adjourn all those in favor oppose we are adjourned at 8:45 thank you everyone have a e