e e e e e e e e e e
e e e e e e e e e e good evening everyone I'll call the city
council to order at 8:00 on Monday evening March 10th 2025 this meeting is being recorded please join me in the Pledge of Allegiance Al to the flag of the United States of America to the repblic for
which it stands one nation under God indivisible with libery and justice for all thank you uh we have 15 items on this evening's agenda and I will ask the city clerk to please read agenda item number one minutes of the city council meeting
February 24th 2025 Council Brown thank you Mr President move to accept and place on file the minutes motion made second to accept and place on file am minutes any discussion on the motion seeing none all those in favor opposed the meeting minutes are filed the vote is 10 Z agenda item number two now is
the time for the public hearing on the application for special permit from attorney Brian faul on behalf of gr Development LLC DBA weville car wash for a proposed new state-of-the-art car wash to be located at 223 East Main Street the former Bank of America location War number 25-100
9369 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 fourth questions from the city councilors and I'll remind folks there's a 3 minute speaking limit when you are
presenting to the counil with that I'll open the first part of the public hearing which is a public speaking in favor starting with the applicant please state your name and address for the record please thank you president I seeing Brian faul attorney at Myrick 100 Front Street in Worcester here on behalf of the applicant gr
Development LLC which is doing business Ashville Car Wash um also with me tonight is Jim Waterman our Executive Vice President um we also have site engineer Luke Deano from bowler engineering and our traffic engineer Bob misho from MDM
Transportation as was mentioned we're looking for a special permit to construct and operate car wash to 23 East Main Street it's an opportunity to Redevelopment redevelop a vacant site and bring a modern automated car wash facility to the east side of the city uh Mr clerk do you have the
clicker all right just getting our presentation loaded some technical difficulties sir all those slides Steve we lost the meeting sorry who's that handsome [Laughter] devil yep
all right thank you very much it it's moving it just takes it a minute to get there got it no problem all right so um here we go so this is um our existing site 223 East Main it's a former Bank of America
location has a double drive-thru is designed that way um this this facility closed in September of 2022 and it's been vacant since then going through a little slow little slow that's all right um 223 East Main
Street is in a um fairly retail section of East Main Street you may be familiar um we have the uh Savers and Market 32 Plaza across the street and our site is located between Papa Goos and Midas um
facility I'm seeing the move through on your screen Steve but not on the moving all right well we'll go through so we are in the business zoning District um business zoning district is fairly typical along Route 20 on the east side
of the city um that district is fairly permissive with dimensional controls and use controls um there are a number of byright uses that are allowed um at the property including retail office and restaurant um our particular use car
wash requires a special permit in the business district which is why we're here before you so our site once we are able to get the image up on the screen um it's fair our proposed site is fairly um similar to the existing site layout with the
building towards the middle um largely on the same footprint and parking and accessways um to the side we'll take a 5 minute recess to reset things so just everybody just take a deep breath and we'll uh reconvene after
we figure out our audio visual items e e e e e e e out City Council back in the session at
8:10 all right thanks for your patience so again this is the this is the current building 223 East Main former Bank of America location um closed in 2022 it's got a double drive-thru right now um and it's been vacant since
2022 um this is our aerial our property highlighted in yellow there as I mentioned it's a fairly typical retail strip on the east side of the city we've got Market 32 and savers across the street we're next to aidas and I'm reminded former papageno's location um
but fairly fairly standard along that stretch of of Route 20 this type of size lot and um retail service type of location um we are in the business district we need a special permit a number of other uses in the business district at this location could go in as
of right we need a special permit next slide is going to show you a comparison between the current layout and the um proposed layout as I mentioned we're fairly similar footprint our buildings towards the middle as is the current building um with parking access along the
sides um we'll have 15 parking spaces which is required by zoning um site currently has a no left turn restriction so when you're going to leave there a sign telling you no left turn um we're preparing we're prepared
to keep that restriction and um Bob Mish Show when he talks you a little bit about the traffic analysis we'll explain um how that will work um so just a couple images of what the site will generally look like um this isn't exactly our site but this is
the type of building that weville um in U brings in to sites and this is what you would see at the mro location um we will have um three queuing lanes when you pull in um three different places where you can pay show
your membership card and move on to the car wash facility um you will see this when you first pull in employee um at the um at the gate um we'll have between three and seven employees on site at all times um this is not an automated
do-it-yourself um facility although the um Car Wash Machinery is automated we have employees on site to help uh customers um and are there at all times again during operating hours um so facility and just for a
sense of how these work now uh 74% of the water that's used is reclaimed gray water um so um in a typical cycle a little less than a quarter of right around a quarter of the water will be new water brought in um from the city
system 74% is recycled reclaimed on site which is uh fairly High um by industry standards um with the with the site layout um up on the the screen I'm going to turn now to Luke to Stefano from bowler just to sort of walk you through
um the site design Luke uh good evening Mr President members of the council for the record Luke D Stefano with bowler engineering Westboro Massachusetts so as discussed this is a proposed raise and rebuild of the existing or vacant uh Bank facility
at 223s Main Street here in town uh as shown on the existing conditions plan uh it's about a 2800 ft twostory Bank located effectively in the center of the property serviced by 35 parking spaces
and one enter only and one right turn exit only driveway that site will be a complete raise and rebuild we're planning to remove everything and then replace it with as shown on the screen a roughly 4200 squ ft car wash facility uh at
noted that would be served by 15 parking spaces which is the same amount required by zoning uh access to the car wash would be again via a single entrance only curb cut and a right turn exit only
curb cut uh you would enter on the west side of the property travel counterclockwise through one of three pay Lanes enter the car wash from the south continue Northbound and then you would have an opportunity to either exit back out onto East Main Street or
circulate back to the parking stalls uh as you can see there's a slight increase in impervious cover uh over the existing condition it's about 3,000 square ft of additional impervious but we will be uh
when we get to the site plan uh full sight plan design we will have a comprehensive storm water management system that will meet not only the city of marbor requirements but the state of Massachusetts storm water requirements as well uh we will have a comprehensive
landscape plan uh that we will show during that process as well uh and then also all new utilities to the property um and lighting when we get to the site plan review will also be state-of-the-art and design to put light
where we want it which is in parking areas Drive ises Etc but will result in no light trespass onto a properties Andor AB buding rights of way uh and with that I'm going to turn it over to Bob to speak a little bit about
traffic yeah going to save Bob for for last we're actually going to bring up Jim Waterman from uh weville to talk to you a little bit about the company hi good evening thank you for uh the opportunity to present our project I'm Jim Waterman I'm Executive Vice
President of weville carw uh a little bit about us um I've been in the business since 1996 uh watchville started in 2019 we are Connecticut based family-owned Enterprise um we are looking to expand rapidly in New England our brand uh
represents the fastest most advanced Express concept uh Express Wash concept here in New England Express washes our concept that provides uh fast most economical environmentally friendly friendly Car Wash facilities and we currently operate 23 facilities here in
New England uh our like I said earlier our our brand is expanding rapidly uh we're excited to be able to have an opportunity to create uh a location here in Marboro uh we tried to be really great stewards um with every community
that we develop in um not only do we strive to deliver am exting experiences to our customers we also make a positive impact in each community that we're in uh we strive to create jobs for local people currently in Massachusetts we employ over 70 people I live in
Massachusetts uh I'm a Tings Boro resident and many of my employees uh live local uh Worcester uh marbor um we have employees uh all over uh the Massachusetts area we also have an impressive track record for giving back so in our New
York locations we're the largest contributor to Mothers Against Dru driving uh we also have donated tens of thousands of dollars in efforts to raise monies for Charities and local families and needs at our main locations we're a big part of the wish campaign helps give back to local families in need that are
nominated uh we support local you sports team in tsoro we're a big part of the uh high school booster Sports Club in Nashville we just recently helped the local charter school with fundraising to supply them with much needed um supplies for the
kids um being a business owner here in marbor we will if they give us the opportunity we'll connect with organizations community events what watchville wants to be part of uh out in Western Massachusetts we partnered with Lorraine's food pantry we
also worked with Big Brothers Big Sisters down in Rhode Island and we did a huge campaign um for Toys for Tots and some veteran Outreach stuff in the state of Maine uh we're currently uh members of more than a dozen Chambers of Commerce uh across our portfolio so we
sell clean that's our business uh our policy is to always keep the site clean we s we pride ourselves uh on our appearance our presence our service that we provide our customers as part of the community and our daily operations we ensure that our sites are always well
kept in compliance with all neighborhood regulations and always attended by a trained staff um for a smooth and efficient operation we are open from 7:30 to 7:00 Monday through Saturday and 8800 to 5: on Sundays thank
you thank you [Applause] Jim uh thank you council president and council members for the record Robert misho managing principal of MDM Transportation Consultants based here in malor Massachusetts um what I'd like to
do is really just hit the highlights of um the assessment that we've done today uh we've got a lot of experience with car washes um I happen to travel uh along this section of Route 20 um regularly every day actually so I'm very familiar with this particular stretch of
road um in September of this year we've gone out and inventoried uh actual traffic conditions you'll see the relationship of the site to what everyone knows to be the signal uh very close by uh as well as the additional signal uh at Hosmer um uh the project
itself is a car wash facility um has some pretty well established or known characteristics U that we've measured at uh locations both here in Malboro uh as well as uh the town of shury uh for comparison to other facilities including
weville uh we know that these facilities generate between 30 and 60 customer transactions per hour uh that varies by time of day uh we also know that the site has historically um generated traffic as a bank use uh and the
relative change in volume um to the historic use as a bank uh is measured uh as relatively modest number of of of trips um as you'll see on the board uh there are essentially about uh 20 additional inbound or outbound trips
that would be generated over the course of a typical hour uh by a facility like this uh we um take a snapshot of what those volumes look like as they're distributed on the roadways uh we believe that about 60% of this volume is
going to be coming to a from the East the balance is going to be coming uh uh from the Westerly portion or back to the Westerly portion of Route 20 uh there's no uh single location that's going to sustain an impact of more than about a vehicle every two minutes or so uh
because of this project so it's it's not a high impact traffic project per se um depending on uh which I think I hit the wrong button um which hour of the day we're looking at uh but as we begin to
focus on the site itself uh we have solicited input from the various departments and um we've taken a very good hard look at um access and making sure that the AIS is designed in a way that is consistent with Mass do
criteria this is a mass. jurisdiction roadway uh it will be subject to Mass DOT permitting uh including the restriction on the left turn that currently exists on the easterly uh exit driveway that restriction will be retained uh but the curb cuts um as they
stand today will be modified uh to a more current standard ADA Compliant uh with appropriate signs as you'll see on this drawing uh we also know beyond the axis itself that uh the facility has ample queuing uh facilities to be able
to easily accommodate even the highest season peak hour level of activity and you'll see uh the three uh inbound transaction Lanes uh one of which is going to be uh staffed by a member and the two additional that will be essentially a card or fob uh reader type
transaction will allow for queuing in multiple Lanes before they merge and go through the single Lane tunnel um as it relates to circulation on the site uh we have also um taken a good look at the needs for fire access and
circulation we've done modeling of the uh City's Tower vehicle to ensure that it can easily access and egress the property directly from both driveways uh this is a representation of that swept path near the driveways uh and we've
also looked at uh the ability for that same larger vehicle type to be able to travel behind the site and to exit again uh and we're pleased to say that all of those uh sweep paths are accommodated based on the design that's being put forth here U so we look forward to um a
more detailed assessment uh under Urban Affairs uh and um I'll have hand it back to attorney Fulk thank you thanks Bob um just wrapping up um in addition to this special permit um Bob had mentioned we need a Mass DOT uh
permit for the for for the curb cut changes which again they're going to be the same locations um but just modernized uh to current standards um at the city level we'll also need uh following with special permit uh site plan approval from the city site plan committee uh we met informally with the
site plan committee back in December um to discuss the project and get uh comments uh and feedback when we met with the committee uh Bob had not completed and submitted his uh traffic analysis um and we believe most or all of the committee's questions at the
special permit level um have been addressed both in the in the traffic analysis and also in the updated site plan that you receive with this application um certainly additional details about the site um we'll deal with um with the site plan committee um at the when we file formally with them
but also in working with the urban Affairs and Housing committee um as I mentioned earlier there are a number of high traffic uses that could occupy this building by right in the zoning district and we think that this is a good alternative and a good fit as a special
permited use um we look forward to working with the council and the urban Affairs and Housing committee look forward to your questions tonight thank you thank you attorney faul 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 questions from please come to the microphone state your name and address for the record please hello my name is Alvar Watson I
live at 43f Curtis Avenue and my question is how is that going to benefit us residents who are located right behind the futurebuilt car wash um sorry and another question about
the pollution with all the cars that are going to be coming to our areas to use that car wash sure so I mean in terms of benefits to Residents I me think it's a modern design it's a built site um we're not
cutting down trees and and um taking away natural areas it's an existing built site um available for a number of uses by right um we think this is a compatible use with the area um you know in terms of vehicle uh fumes um they
move through pretty quickly um obviously this is a busy roadway there are a number of vehicles there anyway um virtually all of our customers going to be in that vicinity of the city anyway um but this is a this is a quick moving operation by Design um so there won't be cars sitting there idling for a long
period of time they'll move fairly quickly um May I just make a statement if if you want to speak in opposition that'll be the next part if you have questions we'll take this is the part for questions right now you can come back up for the opposition part
okay thank you okay you're welcome any any other members of the public have with any questions my name is Pete Sharon live at 95 Lakeshore Drive malor you had mentioned in your presentation that there's 30 to 60 transactions per hour
that would that would occur at this C wash is that in my that's that's the average yes yeah and how is that how many how many cars can come out of the car wash and be in line before they have to get onto um onto the street sure well
have Bob Mish Show address that thanks uh yes thank you so as you're exiting the uh the wash uh you'll come to uh what is essentially a on-site T intersection and you can either make a left or a right if you want to go back to the pump uh to or the vacuum stations
you can make a right and another right or you can proceed directly to the right turn only exit driveway uh the approximate number of cars between the stop position on the exit driveway and the exit to the tunnel is about five vehicle lengths uh Which is far more
than many or most if not all of the other uh facilities in Malboro uh and we've we've got a lot of experience with facilities that um have even less queuing area than that so should be sufficient to accommodate the needs of the uh the wash because having lived
here even when that was a bank when people want to get out there weren't too many gracious people all the time allowing because the light changes so fast and and I you know I'm just wondering how many would back up then you got to stop the car wash to get you know to get the people out of the the
five five is a lot because the car washes I frequent have like two or three max M yeah the the car wash itself can actually process up to 130 Vehicles an hour uh much it has a much higher capacity than the actual demand is uh
and there are controls within the facility itself that would actually stop the wash if that ever did happen in my personal experience and we've done a lot of these facilities that's never happened uh and there are many facilities that have less queuing space between in this case Route 20 and that
and that uh tunnel so there are plenty of safety features to to accommodate that does this passel actually abut the cwalk right behind it uh I don't know if it has an immediate adjacency but it is nearby okay thank
you hi thank you for having me uh so I represent one of the property owners at 41 Curtis AV uh and we have a series of questions so I'll try to run through them name and address please y so my name is Leah Owen I'm the property manager for 41 Curtis AV there's a realy addess that owns it and I help them with
their properties they sent me as a thank you thank you so uh we talked heard a little bit about the storm water drainage uh there are existing issues with Curtis AV already flooding and especially with the ice this season there was a lot of water and then ice that made it unsafe for
pedestrians drivers Etc uh there is the existing uh butter that is a car wash that had issues with their drainage I'm wondering if we can just get some more clarity on that or you know beyond the nice environmental elements of you recycled rainwater what happens to the
water that you've used after the car wash sure I I can turn to Luke to Stephano from bowler but just in summary we're redoing the entire storm water system to to Modern standards which are not the case right now um I can't speak to the other property that you mentioned but this particular site um will have a
complete overhaul to Modern storm water standards thank you uh okay and then we heard about the hours of operation as well what happens on the property after those hours cuz there are some noise complaints in the neighborhood there's some light complaints in the neighborhood uh so
we're just curious when it's not open for business are the lights on are there people there what's the security like Etc sure again if Jim's got more details it certainly turn to him I mean when it's shut down lights are off beyond what is necessary for safety um and this
is a brand new facility we'll have security um system in place um and again the hours that that weville uses for its New England locations are 7:30 in the morning to 7: at night Monday through Saturday and then 8: to 5: on Sunday cool thank you uh and then the last I
guess is almost more of a comment but we have mentioned that there is an existing small business that has been there for years uh has any Outreach from the council or from the city been made have we done anything to help support them so we're not putting to businesses right next to each other that directly compete and may put that small business that's
been there for a while out of business I mean certainly some of the questions are directed at the city that I can't answer um but from our perspective they're too completely different products okay there are any number of people that wouldn't ever put their car in an automated
system no matter what um council president is raising his hand um there are many people that would prefer to just do it themselves and they wouldn't go here other than to maybe vacuum they wouldn't be using this facility because they they will have no involvement in the car washing process at all many
people would prefer that just that not to get out of their car or get wet so from our perspective they're two completely different products that are really complimentary of each other um and you know that's that's our take but you know the other questions you had I think are better directed at the city okay excellent thank you very much
appreciate it I'll set or El set yeah I just wanted to make sure that I was thorough with the list they gave me so I appreciate your time thank you very much good evening I'm one of the business owners at 216 Maple Street uh it's been serving the community for over 40 years name and address 216 Maple
no your name oh Matthew pisner thank you mat thank you um I have a question about parking on the site based on the parking requirements um I was curious what is the required parking spaces on the location it's 15 is required okay and
have you guys confirmed that the city of mro will accept vacuum spaces as parking considering that when customers are using vacuums generally that takes away from the required parking onsite for staff as well as for customers I know in several of the cities where I've done permitting they've not allowed me to use
vacuum spaces is Park to count towards the parking requirement yep The Building Commissioner which is the zoning enforcement officer he's seen our site plan and signed off that the required number of spaces are being provided on the site plan got it can you also speak to I know you spoke about average
vehicle volume um but can you speak to Peak volume in terms of peak days um or peak hours I think you said the car wash could do approximately 130 cars per hour at its Max Capacity I'm just wondering
if if you want to touch on that sure I I'll I'll summarize I'm going to turn to Jim to talk about the operations but our average is 30 to 60 per hour that doesn't mean that they're all going to be on the site the entirety of that hour that's if you sat there and counted from
6:00 to 7:00 that's the number of cars that you would see on average 30 to 60 it was mentioned the facility is designed to do 130 an hour which just about never happens on the bus these days but Jim I'm as if you could just talk a little bit more about the
operation Mr pener you also uh operate Express washes as well as we do so I think you probably already know the answer to your own question uh we do uh 130 cars an hour would be our Peak demand I think we've represented through our traffic study what our average
uh output and throughput would be uh Monday through Saturday um I I don't know what other question that I can elaborate more on that maybe you're um I think the reason I was clarifying is cu having had a car wash that served this community for over 40 years I can speak
to the fact that we have numerous days where we uh have over 125 vehicles per hour in excess of a th000 vehicles per day even in low Peak volume we're at approximately 400 cars per day and I I just wanted to make sure that we were all on the same page with accurate
volume data considering your site is equivalent to the existing some of the existing Car Wash properties in the neighborhood yeah we feel that our facility the way that it's designed and especially with the other 23 locations that we operate in New England uh that we'll be able to handle the capacity um
without any kind of interruptions or or disturbances understood and I assume during the um traffic study you guys saw counted the number of times a day that the traffic backs up in front of the ing and egress curb cuts of the site we actually took empirical data so we took
data from our current sites and we also took them from other uh locations in the area so we were able to take our data and make it very accurate for our study okay I'd like to respectfully request the city council consider a peer review on that traffic data uh given what I've
already heard from numerous Neighbors in the neighborhood about the amount of times that the traffic does back up and how hard it is to get off the site as an existing operator in the neighborhood who is speaking to the amount of car wash volume that we actually see um obviously I I respect the city council's decision but I think that I would
strongly take that under consideration um additionally I wanted to ask about it with it being the in the historical overlay district has there been any effort to preserve or um match the Integrity or or requirements of that
of that zoning I'm not sure what historical district you're talking about but in terms of any obligation to preserve this building nobody would have it um you know we're we're not the property owner we're a car wash uh operation so this is
a site that's for sale ex so the the existing Bank building was built in 1910 I I maybe I overlooked it but when I looked at the zoning map uh through the city of malor it said that the existing property falls within the historic over overlay district and certain compliance is required in the historic overlay
District um particularly it addressed if you're seeing a change of use that increases at least 10% trip volume to the site um numerous requirements are triggered on the curb cuts um as well as a number of requirements on the Integrity of the architectural design uh
it didn't look like that was accounted for in the presentation yeah I think those are sight plan review threshold criteria that you're talking about and we absolutely need to go through professional site plan review uh following the special permit process okay thank I have no further
questions at this time thank you mat any other members of the public with questions any other members of the public with questions any other members of the public with questions hearing none I close that portion of the public hearing public speaking in
opposition hi again my name is Alvar 43f Curtis Avenue and and I oppose this building to be built and this business to be run because I'm a nurse I work early hours and late nights and I have a
small child right now who is growing and this is this going to increase the traffic into the area more which it already has more traffic and it will
prevent me from having a full night sleep or a full day sleep when I'm working late nights and it's not going to benefit me with this modern um facility because I can
use other facilities that are not in a close proximity to the buildings that people live in and yes thank you okay thanks Alvar any any other members of the public speaking in opposition thank you city council
Matthew pner again 26 M Bros Street scrub a bottle watch centers all right so I just wanted to make a couple comments about opposition after getting my questions answered um as a long-standing member of the Malo Community I'm a third generation family business owner our car wash have served
the malbo community for over 40 years I'm also a past president of the New England Car Wash Association I've worked extensively with municipalities across the Commonwealth on traffic impact studies environmental best practices as well as operational safety for car
washes so um some of the concerns I just wanted to bring to the city council's attention today uh the proposed site is located as we know on a heavily traffic section of Route 20 adjacent to the existing Curtis Avenue Car Wash based on real car wash volume data from scrub of
malro and comparable sites we believe that this is not a safe location um for the city that even in off peak days the site is going to generate volume that could be potentially hazardous to other vehicles traveling on the road and
prevent vehicles from exiting the site at reasonable times however the existing two lanes of traffic um traveling towards Curtis Avenue additionally don't really have capacity for additional stacking based on congestion from the site um and since the site is on a hill
uh I know that there can be increased runoff water runoff from vehicle chassis as they exit the car wash onto an already congested decline section of East Main Street I understand there is ample room on the site I have no issue with the engineers I actually have the utmost respect for the engineers and the
team on this project um I do also want to bring to the city council's attention that there's currently six existing car washes within approximately 2 mile radius of the proposed development Curtis Avenue Car Wash directly abuts this site at 27 Curtis AV along with
other neighboring car washes proc clean Prestige car wash scrubed up car wash alltown car wash Gulf Station Car Wash also in less than a mile on the same road all of these operators have spoken with me as a past president of the association about their concerns of
oversaturation in the marketplace now this is a key concern Nationwide because what we're seeing is private equity-backed companies have zero regard for communities and are overspending to build on top of existing businesses
while weville may be a family-owned business they have private Equity partners and Venture Capital Partners they're out of Long Island City New York it should be noted that they don't have the community of Mal's best interest at heart in our opinion uh furthermore um we believe
that the over permitting not only leads to saturation but it doesn't align with the comprehensive plan for the city of malor in terms of what's been outlined for the future based on urban planning goals the weville site does not assure protection of Public Safety convenience
Health welfare um or comply with some of the zoning code items that I brought up which I guess will be covered during the uh site plan review um mat that your three minutes are up we have we do have yeah so I'm going to I'll finish right now so after consideration of the
materials and presentations I just want to make it clear I do support the development of other car washes in communities I regularly participate in new invest seminars and I encourage healthy competition but building on top of existing car washes is not healthy nor respectful as well as not aligning
with some of the concerns and traffic safety uh risks in the community so I think given the the aformentioned you know um concerns around safety noise absence of an unmet Community need oversaturation re we got the point
matting the special permit thank you he can have my three minutes to finish his thought please consider that any other any doesn't work that way but thank you any other members of the public speaking in opposition yes I will continue you've already spoken
ma'am you you've already spoken next up hi good evening Nick jusus 27 Curtis AV um myself and a couple of my partners are are here this evening I just wanted to formally express our concern um and
the fact that we do not support this project in any capacity um simply because I think it's incredibly obvious that um as Matt had mentioned previously that this site it doesn't quite literally touch ours there's about 10 ft
between property lines um but we I guess would consider ourselves a direct butter um I think even more concerning we were never notified about this we were actually found um out about this sort of special perment application just going through our own site review process uh which we were trying to improve an
already existing site we were very excited about it uh and this is honestly very disheartening um you know we did a lot of research onville um and a lot of what you know Matt uh had mentioned in his uh comments was true it's private Equity I mean so here are a couple of guys and I don't want to cry poor me um
but you know a couple of guys scrape together some cash buy a car wash we want to be members of the community um you know create a legacy this is our retirement plan um you know again be integrated members of the community we bought a long-standing wash from a gentleman we have a long-standing relationship with who still owns property that directly abuts us we have
a great relationship um we wanted to maintain that everything about our thought process was to improve the site um you know to basically extend the life of what would be considered a landmark it's been around for 50 some odd years um and so to just have you know someone
come in and overpay and overb build and just have all this private Equity backed money to try kind of try to squash the little guy um is incredibly concerning and then again to that point that uh Matt made about oversaturation I know I'm repeating uh a couple of these points but I think they're very
critical that you take into consideration there's already a couple of washes six or seven washes in town within a 2- mile radius and again I'm a licensed general contractor I'm a developer by trade um so I completely understand the the need for development
however I would never put my business directly next to someone else's if this project was 2 3 miles down the road 5 miles down the road I'd probably be up here saying hey you know what you should probably Grant this because that kind of diversification is is great for a city
or a town in this particular instance it seems very predatory it seems like they saw an opportunity to say hey this kind of dilapidated wash if we can get in there first and build a new state-of-the-art facility we're going to bury those guys and just steal all their traffic um we also know that they've made it a point to go to other existing washes and actually grab customers
standing at vacuum stations and say hey if I build a new wash over there can we steal you from there if we give you a better deal can we steal you from there and that just doesn't sit well we are are Honorable Men we um you know we all are here together I mean there's other car washers in town that we would consider to be cor competition right
Matt would be one of them um as well as you know Ronin from Prestige and all the other gentlemen um and individuals involved so the and I'm speaking quickly because I only have three minutes I'm trying to be mindful of that um but the fact that we all collectively say hey you know what we're all friendly competition but we all understand that
we can coexist but this is where the line is being crossed I think is why we're all here today so um with that I thank you again well done 2 minutes 55 seconds man good job Nick any other members of the public speak in
opposition hi again thank you I'll be quick U I won't be as articulate as Matt I am uh Leah Owen on behalf of realy trust at 41 Curtis AV um he was way more well prepared than me so I just want to lend another voice and we want to stand behind his comments and just Echo uh more members of the community stand with
the two gentlemen that just spoke they again had much more data to support what they were saying than we did but we appreciate that we appreciate their research and we want to stand with them as well thank you thanks you any other members of the public speaking in opposition Mr President uh no you cannot you've already spoken ma'am you're done
uh Mr clerk I just wanted to note that we have received five letters in opposition to this as well any other members of public speaking opposition any other members of the public speak in opposition evina you got I'll give you a minute to go if you want
to say something else that that we haven't already heard please yes I will speak about the noise this current car wash that um the gentleman works and that car wash brings a lot of noise I've had classes over the summer and try to
study and try to manage my clinical hours that are um run from 4:00 a.m. until like 300 p.m. and this was insane for me as a young parent uh I mean as a parent to a young
child um combine all my studies and parenting it was extremely difficult to maintain my lifestyle if that was will be added that will be more difficult for my life and I'm s I'm very sad today
because none of the other um people who live at Curtis Avenue up here to stand here and speak against that business to be built right next to us I'm really really upset because this
not going to be um I'm going to continue leaving here and as long as this cow wash they will this cow wash will make my life miserable that's what I'm trying to say about the noise trash that is floating
and traffic and my parents also safety is concerned because we always walk to the store and walk back and to the park and the traffic and the lights are very difficult to cross thank you okay thank
you you all what you need just any other members of the public speaking in opposition 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 comments from the city councilors
from the city councils council fillo thank you Mr President quick question for the applicant just regarding the parking spaces I understand there's 15 um I had a similar similar question to Matthew will all 15 include the vacuum or will only
some all 13 of the spaces along if you're looking at the plan on the right side of the building um are all have vacuum facilities they're not going to be all used for Vacuums at all times but they do have vacuum facilities the two towards the front just before you get to the queue would not have vacuum
facilities okay thank you no that's uh all I have for now I will be at the urban Affairs meeting although I'm not a vot voting member of the urban Affairs committee Ward six is directly across the street so I'm going to you know keep a very vested interest and I appreciate Alvar Peter Leah Matthew and Nick for
coming out today to ask some questions and I'm sure we'll have some more urban Affairs so thank you Mr President thank you Council fillo Council naan thank you Mr President um as L to I've saved a lot of questions for urban but um one question regarding the traffic plan um or really just existing
traffic conditions is it permissible currently to if you are traveling westbound on East Main Street to take a left into that site yes that's permitted and it is your plan to keep that as a permission we would I don't know I don't know how we would control that I mean I
suppose the layout of the current right in heading eastbound could be designed that way but I don't think it would work well it probably have worse impacts further down the street but but to answer your question yes you can currently take a left in and that is the plan to to continue that I would recommend considering what other options
are available cuz traveling there when the Sun is setting and it is already difficult to see um people trying to get into Midas or trying to get over into pizzarella um that is often a choke point um that there are accidents at thank you thank you thank you Council
naen Council or thank you Mr President and I do concur with Council and naven I was going to ask that same question question uh we'll review it in urban Affairs and see where we're going with it my concern would be the same um on the trip generation information we
received it notes at the very bottom on the reference second reference based on transaction data from an operating cowash at maror located at 216 Maple Street presume that's scrub a dub yes okay and on that when was that generated
because my question is during high peak times such as after a winter storm which we had quite a few of them this year it's amazing how much traffic is going through a trying to get out of that facility do you know when that was taken
that data I'm going have Bob answer that thank you I don't have the exact um data with me uh but we've got data from I believe September of um two years ago for that facility um shrewbury was a
about the same time frame uh We've also got uh empirical data for other wash facilities including what used to be green machine here and is now Prestige uh and what we see as a trend um and we've done work with some of these
operators as well hello Matt um is that the peak uh season would be spring when people want to get the pollen off their car or during certain periods in the winter when they want to get the salt off of their car and what we see as a
trend is that Saturdays tend to be a peak day uh and those Peak transaction periods at their highest levels can be as high as about 100 transactions an hour uh sometimes even 110 depending on the on the location of of the facility
and the proximity of other other uses um these facilities are designed to accommodate that type of activity um and so we're comfortable based on our own experience with many facilities in the Commonwealth that uh on-site queuing is
absolutely not an issue uh in fact this facility has more queuing than any of the other facilities um in in the city uh so it will be well contained within the property uh it will be subject to mass do review and approval uh and any
restrictions that do see sees fit uh whether it's uh you know of course the left turn restriction which is currently in place uh or potentially a left turn entry uh to the extent that dot sees that as a safety issue um my own
experience with traveling this section of road every day is that um I understand I used to go to what used to be the papaginos uh now pizzella um I was a customer of this Bank when it was open um I've never personally had an
issue at any given time getting into the these these facilities uh for that particular Movement we we know and this is an urban Affairs detail that our analysis shows that this signal works at a very high level of capacity uh it it
on a on a scale of um a to F it's at a c which is well below how u a constraint so it works very very well it's uh typical to see a car queue of about four to six Vehicles here on
average if if cues are longer than that they dissipate very quickly uh so there there is absolutely ample capacity for this type of an operation at this location and as attorney faul had mentioned earlier there are other uses that by right could be provided here um
that are as intense um as what we're we're talking about uh but this operator uh takes this to heart wants to make sure that they have a safe operation I own a business here in Malboro I have for 22 years um and uh I want to see it
work well um from that perspective as well and if I may on that note you said they're geared or set up to handle the overload or high capacity how are they set up to handle high capacity sure um
the belt speeds if you will um tunnel speeds can be adjusted they're variable uh so depending on the needs of a particular day um that speed can be upped if you will to reduce the amount of time that customers might be waiting in line to go through the tunnel they were also equipped with safety features
so to the extent a car in front of you uh is not moving the tunnel will shut down um you know so whether that's in the tunnel or upon exiting the tunnel if someone's behind that car there's an automatic shut off if you will that would control that thank you for your
information and that will be helpful when we review an urban Affairs if you have any additional information on high peak versus September that would be very helpful sure uh a couple other questions the vacuums are they on only during operation or can you pull in there at
night and use the vacuums no they're they're not operative when the business is not um open okay so it's not a 24-hour operation so it's not like I can pull in after operations the vacuum and then the other question is
noise we've heard the constituents asking about noise I sometimes will be down on the other side of town not at ScrubaDub but further down where they have an open door and it's amazing how much noise comes out when I'm over at linguines it sounds like it can shock
you the noise so I'm going to be asking lots of questions on noise and how noise will be prevented cuz it can be very loud as I know from just two weeks ago when I was down at linguines it it's amazing how much noise they make so I'll
need that information you can wait till Urban Affairs my major concern outside of noise is the runoff that comes off caruse the drip and especially as it was just mentioned we're on a hill we're on a hill with a St a traffic light so I'm
going to be very interested in seeing what your standard operating procedures are to prevent any accidents especially from run off from the cars when they leave as we've seen this winter on very cold days if you want to answer it now
yeah I'd be happy to um so a good amount of water is left in the tunnel facility itself there is a little bit of runoff we do provide a a drain in our exit pad um um that provides us about 35 ft to catch any residual that may be falling off the vehicle operationally we keep a
salt log we have cameras uh and all of our folks know that uh during uh business operations they have a a regular operation routine where they have to Salt our exit pad all the way out on the road to prevent any kind of icing how about on Route 20 itself well
that we wouldn't be able to do okay but but we because we have such a a large amount compared to the other facilities in the city uh of exit queuing we're able to mitigate most of that water on our property and not onto the it's compared to other operations well in all
honesty and scrub a du I don't know if you'll be better than that but some of their runoff does go out into the streets I think they only have about a two-car space between their exit and we're we're closer to five well that's where the standard operating procedures and what can be done could you go out on that street if the state allows it so
I'll be on the noise you if I can address that please so we have we actually have a special uh noise mitigated dryer uh it's designed uh to to create uh low noise and low impact not only for our employees on the site but also our neighbors uh we've done sound studies and we've installed this
at many of our facilities and we'll be happy to provide uh data from those studies and even conduct one to to prove out that our decel ratings will be much below ordinance yeah I'd be very happy to see that information again Urban Affairs is where all the work gets done
but that' be great to see those your noise mitigation plan and I the question was asked about the uh information on Route 20 turning in from the westbound Lane and that's pretty much it for me
right now you've answered how many cars you can handle per hour that was another question and we'll see at Urban Affairs I'm not a voting member on Urban Affairs but I'll be there with my input and I look forward to the information you offered tonight thank you thank you councelor or Council
ducet thank you very much Mr President uh just got a couple of questions um back to parking though uh you said there'd be 15 parking spaces and how many were considered to be for the some of the vacuum spaces are considered parking
right they are yes yeah okay where the employees supposed to park how many how many parking spaces left for employees let me put it that way so we'll have three to seven employees three minimum seven on Saturday the busiest day um so all of
the parking spaces on the right side of the building they have vacuum capacity as I mentioned they're not always going to be used for vacuums but they do have vacuum capacity the final two are right towards the top left of the screen before you get to the queue um those do not have vacuum facilities okay um and
the handicapped parking for vacuum is all the way to the very back so if you're going to go through the tunnel to get yourself cleaned and then do the vacuum and you need to use the handicap you got to go all the way to the back to do it right yeah I mean anyone who
anyone who washes first and then goes to vacuum second is going to pull around to the right when they exit and use the vacuums there there's also the option of going in and just using the vacuums you'd pull in and just go right directly in front of where the exit um to the facility is and go around to the vacuums
and you can proceed and do your wash second if that's your that's your preference the the handicap spaces are based on the the best location for slope of the site and also proximity to the door to the extent that that folks um who have um an accessible plate need to
need to use the door um that's the the closest location okay um also how many cars can be in the tunnel at one time we have that we can accommodate eight Vehicles inside the tunnel facility itself at one time okay and they're all at different
stages of being cleaned that that case okay thank you thank you Council jet Council of idol thank you Mr President just two questions um did you say you're a Connecticut based company that's right uh weville is based in Connecticut is
not one of the cow washes in the state of Connecticut Jim can answer that one that was curious to me as well my answer would be in due time um Connecticut is is from a real estate perspective hasn't been as advantageous as other states uh I think we would
develop in Connecticut had the opportunity present itself which it hasn't yet okay very good and then the exit um is the exit going to be similar to what exists now and it's going to be very similar to
what exists now um but you'll see that there are lighter colored um elements on this plan those are going to be scored concrete elements that would allow for a fire truck to be able to get into and leave the property that can't happen
today um so there's going to be an enhancement in the ability for emergency response if it's necessary uh the orientation or the angle of driveways is slightly different than it is today uh and the aprons uh Where the Sidewalk crosses over the driveways will be
designed uh so that they're essentially uh a continuous sidewalk uh so it really favors The Pedestrian the reason why I mentioned that is like like you I was that's my bank and I would say I've seen dozens of customers leaving Bank of
America and taking a left there crossing three lanes and I saw a car pretty serious car accident there so a sign saying that you can't tear and left doesn't keep people from tearing left yeah I was wondering if that was going if that exit could be tilted more right
you know as we go into urban Affairs and and we'll evaluate that um it won't be substantially different than what's presented I'll be honest about that but there are um Ways and Means of controlling physically uh restricting left turns on State Highway that can be
discussed uh that would be subject to dot review and approval thank you thank you Council vital any other questions from the councils council preciado thank you Mr President uh thank you for being here um and thank you for the residents that have spoken um we will be taking
your comments into consideration uh especially at Urban um so I also am just um a little bit worried about parking spaces especially uh during peak times if you will have seven employees on that
leaves eight parking spaces available um and you're turning out 130 cars an hour right you said no the the facility is designed for that we're thinking worst case it's between 30 and 60 per hour 60 being the the heaviest day that's what
we expect that leaves a lot of cars right waiting to vacuum or you know if they if they choose to do that um so that that does uh that I think that does worry me a bit um the constant traffic on Route 20 I think is going to be major
issue that is a I think uh quite a tricky entrance and exit um that particular section is um you're just coming off the hill right I me um you going went up the same way um like uh
counselor Navid mentioned it's hard to seeed um Sun's in your eye so it it is a a a tricky spot to navigate um that's something that I'm going to take into consideration at Urban as well um and there have been quite a few repairs on
that section of Route 20 I believe right so I think that might be something to look into as well that does cause quite a bit of delays on that section and we have quite a few of those types of repairs throughout the year um I would also like to see a more updated uh
traffic study if you guys could provide one two years ago is quite a long time ago especially on Route 20 um and that's that's really all I have and that's mostly most for urban thank you for being here right thank you thank you any other
counil question C C thank you Mr President uh attorney fo as as you can get a draft permit we can get it distributed to site plan um so that they can get comments back to us and we can set up an urban Affairs
meeting again thank you to all of the residents who submitted either a letter or were here tonight and thank you to your team for your presentation thank you thank you Council any other questions from the council questions from the council any questions
from the councel seeing none that close that portion of the public hearing the entire public hearing this is for thank you very much no problem now is the time for the continued public hearing of the proposed zoning map Amendment from rundo neetto
owner of 36 Jefferson Street to reone 36 Jefferson Street identified as map 56 parcel 153 from residents B to Neighborhood business district order number 2425 109 330b in addition we have a uh communication request from Attorney James McMahon on behalf of raund donetto
to continue the public hearing to March 24th 2025 to the March 24th 2025 city council meeting thank you Mr President uh this was also on the planning board's agenda tonight they have continued their public hearing as much as I would prefer not to
I will move to continue this until March 24th motion made seconded to continue the public hearing until March 24th any discussion on the motion seeing none all those in favor opposed the public hearing is continued until March 24th the vote is 10-0 agenda
item number four Sor one second sir uh communication from Council preot regarding proposed ordinance amendment to chapter 250 animals to add a new section relating to rodents councilor pre thank you motion to refer to Legal
please legislative and legal legislative sorry that's okay motion made second to refer to the legislative and legal committee any discussion on the motion seeing n all those in favor oppos is going to legislative and legal the vote is 10-0 agenda item number five communication from the mayor regarding Grant Acceptance in the amount of
$4,975 and4 from the Executive Office of Public Safety and Security and Department of fire Services awarded to the fire department to be use uh to purchase protective gear for City Firefighters councilor Irish thank you Mr President motion to approve the grant please motions made and seconded to approve the
grant is there any discussion on the motion seeing none all those in favor opposed the grant is approved 10 0 agenda item number six communication from the mayor guing proposed order on naming on the naming of veterans City squares throughout the city council
naen thank you very much Mr President move to refer to the veteran services committee motions remain second refer to the veterans committee any discussion on the motion see down all those in favor oppos SC to the veterans committee the vote is 10 0 agenda item number seven
communication from assistant city solicitor Jeremy mcmanis regarding application for special permit from attorney Christopher flood on behalf of Annabelle East Galos sakor to convert an existing two family residential property located at 30 baple Street to a three- family residential property order number
24251 19298 e Council AR Robi thank you Mr President move this to agenda item number 15 motions made in second move this item down to agenda item number 15 any discussion on the motion Council duet
thank you very much Mr President there's a lot of discussion about uh auxiliary dwelling units that have now available in the city and can we take that can we take that up at number 15 sure that's fine too just so the council we have a 1 p.m. deadline to vote on
this item so I'm going to ask if you're going to talk to be quick otherwise it get approv but that's fine all right so on the motion to move this item down to agenda item number 15 all those in favor oppose let go to number 15 votes 10 Z agenda item number eight communication from assistant city solicitor Jeremy
mcmanis regarding application for special permit for malro Maple real estate trust for a drive-through window in an existing building to add a cafe at 420 Maple Street in proper legal form order number 2425 1009 317b Council Roby thank you Mr President move to accept and place the
communication and to move the decision to agenda item number 14 motions made in second accept and place on file the decision and move this item down agenda item 14 any discussion on the motion seeing n all those in favor oppos it's accepted and placed on file and go to
item 14 the votes 10 zero agenda number nine minutes boards commissions and committees councilor du Mr President thank you very much motion to accept and place on file the minutes of the boards commissions and committees motion made second accept and place on file all the minutes any discussion on the motion
seeing none all those in favor opposed the minutes are filed 10 0 agenda item number 10 plims Council Brown thank you Mr President move to send claims to Legal please motions made and second to send the claims to legal department any discussion on the motion sing down all
those in favor oppos claims are go illegal the votes 10 Z reports of committees counselor Irish thank thank you Mr President uh finance committee met on March 3rd 2025 uh meeting convened at 7:00 p.m. we had two
items on the agenda that evening uh first item was order number 25-19 375 uh communication from mayor Dumis together with a transfer request uh in the mount on the amount of in the operating budget but a significant increase in the capital
budget to fund technology improvements uh Council uh Council has discussed the history of the peg public educational and government access channels and concerns for future funding ASA uh cable customers leave in favor for streaming platforms uh
director Mia explained that there have been bills before the state legislature uh that were filed but not adopted uh that would add 5% uh fees to streaming platforms to fund the cable television on a motion by Council orm seconded by
the chair the committee recommended approval of the transfer in the amount of $628,500 Zer uh next item was order number 25-19 358 uh communication from City president uh aing with the proposed amendment to
Municipal aggregation order uh number 19175 78b uh Council aing addressed the proposed amendment to Municipal aggregation order number 19757 ab and distributed a packeted uh
packeted title Municipal aggregation order enhancements uh dated 3325 on a motion by Council Brown seconded by the share the committee recommended approval of the amended order uh vote carried 5 to Z a copy of the amended order is attached in the
finance committee report uh the meeting adjourned at 7:37 p.m. thank you Mr President thank you councelor Irish any other reports of committees reports of committees hearing none agenda item number 11 order number
25-100 9360 the appointment of Douglas E Philpot to the zoning board of appeals for a 5year term to expire from the date of coun city council confirmation recommendation of the Personnel committee is to approve Council thank you Mr President move recommendation of committee to approve motions made in seconded to approve the committee's
recommendation any discussion on the motion seeing down all those in favor oppose the Mr Philpot is approved to the zba the vote is 10 0 number 12 order number 25-100 9361 the appointment of e William Baker to the
Community Development Authority as the tenant representative for a three-year term to expire from the date of city council confirmation recommendation of the personel committe is to approve Council naen thank you Mr President move the recommendation of committee to approve motions made second to move the recommendation of the committee which is to approve any discussion on the motion
seeing none of those in favor oppose Mr Baker is approved to the CDA the vote is 10-0 agenda it number 13 order number 25-100 9362 the approv of an m maon to the Council on Aging for a 4-year term to expire May 7th 2029 recommendation of
the Personnel committee is to approve Council na thank you Mr President move the recomend ation of committee to approve motions made in second to move the recommendation of the committee which is to approve any discussion on the motion see down all those in favor oppose miss m is approved the vote is 10
0 agenda item 14 order number 24 25-100 9 317b application for a special permit from malbro Maple real estate trust for a drive-through window in an existing building to at a cafe at 420 Maple Street recommendation of the urban Affairs committee is to approve Council Robi thank you Mr President move the
recommendation of committee which was to approve motions made in second to move the recommendation of the committee which is to approve the special permit for the drive-thru any discussion on the motion hearing none I will ask the clerk to oh I'm sorry no no no goad ask the clerk to read the conditions the city
council pursu to its Authority on the Massachusetts General Law chapter 48 and the zoning ordinance of the city of Malboro hereby grants the applicant a special permit to operate one drive-through service window as shown on the plans filed subject to the following conditions which conditions shall be binding on the applicant at sucessors or assigns One Construction in accordance
with applicable laws construction of all structures on the site shall be in accordance with all applicable building codes and zoning regulations in effect in the city of malor and the Commonwealth of Massachusetts and shall be built according to the plans as may be amended during site plan review two compliance with applicable laws the applicant and successors Andor assigns
agrees to comply with all Municipal state and federal rules regulations statutes and ordinances as they may apply to the construction maintenance and operation of the project three site plan review the issuance of the special permit is further subject to detailed site plan review in accordance with the city of maloro site plan review ordinance prior to the issuance of the
building permit 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 occupancy permit shall be issued until the applicant has complied with all conditions subsequent site plan review shall be consistent with the conditions of this special permit and the plan
submitted reviewed and approved by the city council as a special permit granting Authority four modification of plans notwithstanding conditions one and three above the site plan review committee may make engineering plan may make engineer ing changes to the plans so long as said changes do not change
the use of the project as approved herein or materially increase the impervious area of the project reduce the green area alter traffic flow increase the size shape or position of the building or alter the fencing bordering the property as shown on all the on as shown on the plans five signs
and awnings the location and design of signage shall be reviewed and approved by the city of Mal in accordance with ass signed ordinance of the city of malb without variance there from except as herein provided no poster Graphics lettering or any other form of advertising shall be affixed to Windows or hanging inside or in front of Windows
six incorporation of submissions all plans photo rendering site evaluations briefs and other documentation provided by the applicant as part of the application and is amended or revised during the application hearing process before the city council and or the city council's Urban Affairs committee including exhibits there too are here and Incorporated and become part of the special permit and become conditions and
requirements of the same unless otherwise altered by the city council seven hours of operation the hours of operation for the restaurant drive-thru window shall not exceed Monday through Sunday 5:00 a.m. to 9:00 p.m. there will be no 24-hour operation eight traffic signage and pavement markings the
location and placement of pavement markings and traffic directional signage shall be reviewed and approved by the city of malbro during site plan review in accordance with applicable rules and regulations of the city of malbro nine parking parking area shall be swept and maintained in good condition by the applicant its accessors Andor assigns as necessary the applicant at successo
Andor sign shall be responsible for providing installing and maintaining all signage and pavement Market Mars shown on the plans as required by the site plan review committee such signage or marking shall meet the standards of the manual and uniform traffic control devices 10 no overnight parking there shall be no overnight parking at the
site associated with the project 11 drive-through speakers the drive-through window shall employ a pedestal sty pedestal speaker system excuse me that automatically adjusts to the ambient noise so as to minimize the noise emanating from the speaker system to levels comporting with the noise
ordinance of the city of Malo the drive-through audio speakers shall not produce noise at the rear of the property line of the plaza shown as map 93 parcel 67a on the assesses map of the city of malor greater than what than which would be allowed in a residential Zone pursuant to the noise ordinance of the city of malor 12 deliveries in order
to mitigate noise concerns for residential abutters no deliveries to the site by semi-trailers shall occur prior to 7:00 a.m. or after 7:00 p.m. lighting all lighting and illumination shall be in accordance with the requirements of the code of the city of Mal 14 Landscaping the applicant at successors andoor SS agrees to plant and
maintain in good condition the Project's Landscaping sub the Project's Landscaping substantially in conformance with the plans as required by the site plan review committee the applicant at successful Andor ass signs shall comply with all Landscaping requirements of the code of the city of malor 15 trash the
applicant at successors Andor assigns agrees to keep dumpsters covered and to screen the Project's trash area by constructing a dumpster enclosure of a design compatible with the building the applicant at successors Andor ass signs further agrees that the dumpster located the site shall be covered no trash pickup shall occur before 7:00
a.m. or after 7:00 p.m. 16 snow removal the applicant at success was Andor assigns shall maintain and and conduct snow storage and removal from the site and shall store or remove snow as necessary to provide for clear and safe traffic flow on the site 17 the
recording of decision in accordance with the provisions of Massachusetts General Law chapter 48 section 11 the applicant and successors Andor ass signs at its expense shall record this special permit in the middlex South registry of deeds after the city clerk has certified that 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 building permit upon recording the applicant its Affiliates successors and or assigns shall forth withth provide a copy of the recorded special permit to the city council office the building department and the city solicitor's office are you done yes
sir nice job Mr Clark thank you now that you've all heard the conditions any final comments or thoughts on the motion to approve the special permit for the drive-thru at 420 Maple Street yes vote is to approve the special permit I will ask the clerk to
please call the role Council Brown yes Council aing yes Council preiato yes Council Landers is absent councilor vital yes councelor ducet yes Council naan yes councelor Irish yes councelor Oram yes councelor Roby yes and
councelor fillo yes 10 yay sir one absent the special permit for 420 Maple Street drive-thru is approved by a vote of 10 in favor none opposed agend item 15 order number 24251 9298 e application for special permit from
attorney Christopher flood on behalf of Annabelle e geros Sor to convert an existing two family residential property located at 30 Maple Street to a three- family residential property recommendation of the urban Affairs committee is to approve as amended at the February 24th 2025 city council meeting this matter was postponed to the
March 10th 2025 city council meeting Council Robi thank you Mr President before I take this up I would like to suspend the rules to accept two Communications relative to this order motion to is motion to suspend the rules has been requested all those in favor of
suspension oppose suspension carries 10 0 so I would like to accept the communication from attorney flood dated March 7th and then a communication to me from attorney mcmanis dated March 7th
also I'm sorry dated March 10th so those okay so uh motion to approve the acceptance of the communication from attorney flood and the email from the solicitor assistant solicitor to council Roby and you should all have those in your possession any discussion on the
motion all those in favor oppose the two Communications are accepted thank you so the city council has it before the before you the recommendation from Urban Affairs to approve the special permit application to convert an existing two
family residential property to a three family residential property we also have the communication from our assistant city solicitor with his opinion that he is unable to certify the special permit in legal form with his reasons listed in
the communication attorney flood has responded with his arguments as to why he feels this special permit could be approved and also suggests it could be considered as a multifam I do want to discuss the response that our assistant city
solicitor gave to the suggestion that it could be considered a multif family dwelling he cites city ordinance [Music] 18 which authorizes one or more multif family one or more multiple multif
family dwellings on a single lot in his opinion as this proposal presents two structures that each fail to be designated I'm sorry designed for or occupied by three or more families neither structure consists of a multif
family dwelling and the proposal does not qualify as a multif family dwelling so the council can only consider what is before us the conversion from two family to three family and as mentioned in the letter from attorney mcmanis the clock
is ticking it's getting closer and we need to vote on this by 10 p.m. today all special permits are referred to the city's legal department to make sure they are in proper form I believe that regardless of the Building Commissioner
signing off on the application site plans review of the project or the urban Affairs committee's recommendation to approve today we need to adhere to the opinion of the assistant city solicitor
to deny therefore I move to deny order 24251 19298 application for a special permit to convert an existing two family residential property located at 30 Maple Street to a three family residential
property for the reasons identified in the communication from attorney mcmanis under agenda item 7 and to have the president sign the denial if approved motions made and seconded I'll open up for discussion Council duat
thank you very much Mr President um I agree with uh the our legal aid assistance um as far as the reasons why um this came up because of the ancillary dwelling unit law that was put in place
no one's not wasn't necessarily sure how this all worked out but it seemed to home down on if it's a single family you can add an an auxilary dwelling unit if it's a multif family you can't and that seems to be where the general role of this is going they were trying to put an
ancillary to a multif family so doesn't look like that excuse me that doesn't look like it works out so I agree with the uh opinion of the lawyer so thank you thank you Council du any other comments or question question from the city councilors so again I'll restate
the motion the motion is to deny the special permit for the reasons identified in the solicitor's letter right and to have the president sign the denial everybody in this in agreement so a yes vote is to deny the special permit
everybody understand it's clear I'll have a clerk call the role so yes vote is to deny councilor pello yes Council Oram yes to I councel aing yes councelor Irish yes councelor Prado yes councelor
duet yes councelor Landers is abson councel naen yes councelor Roby yes councelor vital yes councel Brown yes 10 yay sir one the motion carries the uh special
permit is denied the vote is 10 Council naen motion to adjourn motion is made in second to adjourn all those in favor opposed we are adjourn at 9:28