I'll call the city council to order at 8:00 on Monday evening, August 18th, 2025. This meeting is being recorded. Please join me in the pledge of allegiance. I pledge allegiance to the flag of the United States of America to
the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. We have 31 items on this evening's agenda. And I will ask the clerk to please read agenda item number
one, minutes of the city council meeting, July 21st, 2025. Councelor Brown. Thank you, Mr. President. Move to accept and place on file the minutes. Motion's made in second to accept and place on file the minutes. Any discussion on the motion? Seeing none,
those in favor? Opposed. The minutes are filed. The vote is 10. Agenda item number two. Now is the time for the public hearing on the application for a special permit from attorney Brian Faulk on behalf of Farm Road Realy Trust and Evangelist Roofing to operate a contractor's yard in a pre-existing
non-conforming building in the airport industrial park at 17 Airport Boulevard, unit 20. the order number 25-100 9512. Councilors, Attorney Faulk is upstairs. I'll entertain a motion to move agenda items two and three to later in the
agenda when Attorney Faulk becomes available. Councelor Roi. Thank you. I'll move to move agenda item two and three later on the agenda to accommodate attorney Faulk. Motion made second to move items two and three to later in our agenda. Any discussion on the motion? Seeing none,
all those in favor? Opposed. These items will be moved to later in the agenda. The vote is 10. Agenda item number four, communication from the mayor regarding gift acceptance in the amount of $10,000 from the estate of Miss Donna J. Kalachio, awarded to the police department for the purchase of bulletproof vests for the K9 unit.
Councelor Irish. Thank you, Mr. President. Motion to approve the gift and thank you to the estate of Donna J. Kuchio for the uh generous gift. Thank you. Motion made in the second to approve the gift. Any discussion on the motion? Councelor Orum. Thank you, Mr. President. I rise only
because I know Donna very well. I went to school with her at Marra High, and I won't say what year, but she was my cooking partner when I took a cooking class. She's a great person. I've known her through the years. I just want to thank her from the bottom of my heart. I'm sure all of city councils want to.
What a great idea. A bulletproof vest for us. Police dog. Fantastic. I just want to announce that I'm very grateful that Donna did this for the city of Mar. Thank you. Thank you council or any other discussion on the item hearing
none. All those in favor opposed. The gifts approved. The vote is 100. Agenda item number five. Communication from the mayor regarding grant acceptances from the executive office of public safety and security for fiscal year 2026 awarded to the police department as follows. A. A state 911 department
training grant in the amount of $199,964 to be used to offset personnel overtime costs in the public safety dispatching center. B, state 911 training department training grant in the amount of $66,2297 to be used to offset personnel training costs in the public safety dispatching
center and C at state 911 department emergency medical dispatch grant in the amount of $33,825 to be used for equipment quality assurance reviews of dispatch personnel and to offset overtime costs. Councelor Irish. Thank you, Mr. President. Motion to
approve all three grants, please. Motion's made in second to approve all three grants. Any discussion on the motion? Seeing none, all those in favor? Opposed? The three grants are approved and the vote is 10. Agenda item number six, communication from the mayor regarding transfer request in the amount
of $158,4642, which moves funds from reserve for salaries to various accounts to fund the recently ratified agreement with the Malro Public Works Equipment Operators Association. Councelor Irish. Thank you, Mr. President. Motion to refer to the finance committee, please. Motion made second to refer to the finance committee. Any discussion on the
motion? Seeing none, all those in favor? Oppose. This item's going to finance. The vote is 10-0. Agenda item number seven, communication from the mayor regarding proposed order to authorize the mayor to enter into an intermunicipal agreement with the town of Shrewsbury for the purpose of participation in the central
Massachusetts regional storm water coalition. Councelor Brown. Thank you, Mr. President. And with the support of um our engineer Deersio, I would like to move to approve this item. Motion's made and seconded to approve
letting the mayor enter into the intermunicipal agreement with the town of Shrewsbury. Any discussion on the motion? Seeing none of those in favor? Opposed? The matter is approved and the vote is 100. Agenda item number eight. Communication
further mayor guiding the reappoint of David David Georgie as police chief for a four-year term effective August 21, 2025 to expire on August 21st, 2029. Council Naven, thank you very much, Mr. President. Um I think I speak for all of us when we say we're thrilled to see that um an
employment agreement has been reached with the chief. Um he has led the department with distinction and a level of professionalism and responsiveness that I know we all in this room appreciate. And so with that, I would like to move to approve the employment agreement. Motion's made second to approve the appointment of Chief
Georgie. Any discussion on the motion? Seeing none, all those in favor? Opposed? The appointment is approved. The vote is 100. Congratulations, Chief. He's with us for four more years. Agenda item number nine. Communication from the mayor regarding notification of retirement of fire chief
Kevin J. Breen effective January 30th, 2026. Council Naven. Thank you, Mr. President. Motion to accept and place on file. Motion made, seconded to accept and place on file the correspondence. Any discussion on the motion? Seeing none, all those in favor? Opposed? The motion
carries. The item is filed. The vote is 10-0. Agenda item number 10. Communication from city solicited Jason Gfield regarding proposed order of acceptance of sidewalk easement relative to special permit condition number nine for Cashman Street improvements from 272 Lincoln Street LLC. Council Brown.
Thank you, Mr. President. Um, I would like to move to approve this item. Motion's made and seconded to approve the acceptance of the sidewalk easement. Any discussion on the motion? Seeing none, those in favor? Opposed. The sidewalk easement is approved. The vote is 100.
Agenda item number 11. Communication from city solicitor Jason Gfield regarding proposed order authorizing a regulatory agreement and declaration of restrictive covenants for rental project pursuant to special permit condition number seven from 339 Boston Post Road
owner LLC. Councelor Roby. Thank you, Mr. President. So, this language just codifies what was in the special permit. Uh, we've accepted this on the floor before. I would move to approve the order of acceptance. Motion's made and seconded to approve
the order of acceptance. Any discussion on the motion? Seeing none, all those in favor? Opposed? The order is approved and the vote is 100. Agenda item number 12. Communication from city solicitor Jason Gfield regarding proposed order of acceptance of grant of conservation restriction pursuant to special permit
condition number 10 from 339 Boston Post Road owner LLC. Councelor Roi. Oh well councel this councelor Fillo isn't it? Are we on number 13? U 12. Oh I'm sorry I It's okay.
I'm not paying attention to where we are. Um move to approve the order. Motion made and seconded to approve the condition number seven which deline number 10 which delineates the open space over at the McGee property. Any
discussion on the motion counc um you know conservation land is shrinking but we're actually holding on to them based upon this covenant. So it's important to recognize that you know that this is you know being conserved for conservation lands in prep
in perpetuity or whatever but uh great benefit. So thank you. Well well well said. Thank you councel Ducet. Anyone else on the motion to approve the open space designation for the property at McGee Farm which is condition number 10 in the special
permit. All those in favor opposed. That order is approved. The vote is 100 and councils, this one requires a signature. So, uh, council vital will start if you could all sign it as it works its way around uh, the chamber.
You good? Mhm. Item 13, communication from city solicitor Jason Gfield regarding application for wireless special permit from Jerry Squires on behalf of Dish Wireless to install, operate and maintain a wireless communications facility consisting of nine antennas, 12 RUS, 12 fiber cables
and ground equip equipment within a 100 square ft lease area on and exit the water tank at 115 Anamog Street in proper legal form or number 25-100 9432C. Councelor Fillo. Thank you, Mr. President. Uh move to
accept and file the communication and move to agenda item 27. Motion's made and seconded to accept and place on file the communication and move this item down to agenda item number 27. Any discussion on the motion? Seeing none of those in favor opposed. Motion
carries. This is going to down to agenda item number 27 and the item will be filed. Vote is 100. Agenda item 14. Communication from city solicitor Jason Grossfield regarding application for a special permit from attorney Gemma Cashman on behalf of Royal 401 Elm Street LLC for the purpose of operating
an approximate 203,000 203,500T warehousing and warehousing and distribution facility to be located at 415 Elm Street in proper legal form or number 25-100 9434C. Councelor Roby. Thank you, Mr. President. Move to accept
the communication from the city solicitor and to move this down to agenda item number 31. Motion made a second to accept and place on file the communication and move this item down to agenda item number 31. Any discussion on the motion? Seeing none, all those in favor? Opposed? Motion
carries. This is going down to item 31 and the communication will be filed. Vote is 10. Agenda item 15. Communication from assistant city solicitor Jeremy Mcmanis regarding application for a special permit from 27 Curtis AB Real Estate LLC for the proposed renovation and reconstruction
of a pre-existing non-conforming car wash located at 27 Curtis AB in proper legal form order number 25-100 9397E councelor Roi thank you Mr. President move to accept the communication from the assistant city solicitor and to move this to
agenda item to agenda number 29. Motion made second to accept and place on file the communication and move this item down to agenda item number 29. Any discussion on the motion? Seeing none, all those in favor opposed? Motion carries. This is going to agenda item
number 29. The communication will be filed and the vote is 10-0. Agenda item 16, communication from assistant city solicitor Jeremy Mcmanis regarding application for a special permit from attorney Jim Mcashman on behalf of TV Malro LLC and Green Armory Laboratories, Inc. for the purpose of operating an
independent marijuana testing laboratory to be located at 260 Cedar Hill Street in proper legal form order number 25-100 9433C. Councelor Roi. Thank you, Mr. President. Move to accept the communication from assistant city solicitor and to move this to agenda
item number 30. Motion's made and seconded to accept and place on file the communication to move this item down to agenda item number 30. Any discussion on the motion? Seeing none, all those in favor opposed. Motion carries. This is going to agenda item agenda item number 30. The communication
we filed and the vote is 100. Agenda item number 17. Communication from the planning board regarding favorable recommendation of the proposed zoning amendment to chapter 650 zoning to amend section 17 table of uses order number 25-100 9477A.
Councelor Roi. Thank you Mr. President. Move to accept and place on file the communication. Motion made second to accept and place on file the communication. Any discussion on the motion? Seeing none, all those in favor? Opposed. Communication is filed and the vote is 100.
Agenda item 18. Communication from the planning board regarding favorable recommendation on proposed zoning amendment to chapter 650 zoning to create the Ames Village Olay District order number 25-100 9458A. Council Roby. Thank you, Mr. President. Move to accept and place on file the communication.
Motion's made second to accept and place on file the communication. Any discussion on the motion? Seeing none, all those in favor? Opposed? Motion carries. This item's filed. The vote is 100. Agenda item M19. Communication from Central Mass Mosquito Control Project regarding personnel will be in the
community responding to residents concerned about mosquitoes on various dates in August 2025. Councelor Orum. Thank you, Mr. President. And as we all probably have heard, WestNile virus is prevalent in the mosquito pools that they've been testing in this whole area,
all Metro West, if not extended all other areas too within Massachusetts. So, uh they will be out uh spraying. You can call Central Mass Mosquito if you request individual spraying. That's what they're doing right now. They're not doing mass spraying, but let's hope
people pay attention to the proper precautions when you're outside and stay away from mosquitoes, but uh the clerk will have it posted as well. Thank you, Mr. President. I would ask that we accept and place this notice on file. Motion made and second to accept and place on file the communication. Any
discussion on the motion? Seeing none, all those in favor? Oppose. Motion carries. The items filed. The vote is 10-0. Agenda item number 20. Petition of Mass Electric and Verizon to install one joint own pole on William Street beginning at a point approximately 70 ft southeast of the center line of the
intersection of William Street and Morsy Road. Install new pole number 51-50 on William Street. Install EMR at pole 5150 on William Street. Councelor Fillo. Thank you, Mr. President. Move to set a date for a public hearing on September 8th and advertise. Motion's made in second to set a date for the public
hearing of September 8th and advertise. Any discussion on the motion? Seeing none, all those in favor? Opposed? Item will be advertised for a public hearing on September 8th and advertise and the vote is 100. Agenda item number 21. Communication from Saul Eduardo Carval
on behalf of Chapa Pisa Restaurant at 203 205 Main Street for the use of city property for outside seating. Council Brown. Thank you, Mr. President um move to send this item to the Legislative and Legal Affairs Committee. Motion's made in second to move this item to the Legislative and Legal
Affairs Committee. Any discussion on the motion? Seeing none, all those in favor? Opposed? This item's going to legislative and legal and the vote is 100. Agenda item 22, minutes of boards, commissions, and committees. Mr. President, Council Ducat. Thank you very much, Mr. President.
Motion to accept and place on file the minutes of the boards, commissions, and committees. Motion made, second, accept, and place on file the minutes. Any discussion on the motion? Seeing none, all those in favor opposed. The minutes are filed. The vote is 100 23 claims. Councelor Brown.
Thank you, Mr. President. Move to send the claims to legal department. Motion made and seconded to send the claims to the legal department. Any discussion on the motion? Seeing none, those in favor? Opposed. Claims are going to legal and the vote is 100.
Reports of committees. Who would like to go first? Council Pachello. Thank you, Mr. President. The city council's public services committee met on August 4th, 2025 at 7:30 p.m. We had one item on that evening's agenda. Order
number 25-1009510. Application for a secondhand junk dealer license by Jenny Hunt, DVAG GE Gold Jewelry at 221 Boston Post Road, East Suite 270. The chair opened the meeting by reading an email from police chief David Georgie dated July 17th, 2025. Uh
Chief Georgie stated that he has no issues with the application and present to answer questions was the applicant Jenny Hunt. Council Ducet asked the applicant what type of business she would be operating. Miss Hunt responded that she's a private jeweler and has opened an office at 221 Boston Post Road
East. Uh this is not a retail establishment and the applicant says that she has been a part of the Malbor business community for over 25 years. Councelor Irish asked if the applicant would be making and designing jewelry in the office. Uh, Miss Hunt stated that she is not a designer, but only helps
her customers decide what they want. Council Irish reviewed the site online, excuse me, reviewed the site and the online reviews, uh, and felt that there is adequate parking spaces and has no problem with the application. On a motion by councelor Ducet, seconded by the chair, the committee recommends approval of the application for
secondhand junk dealer license for Jenny Hunt uh DBA gold jewelry at 221 Boston Post Road East. The vote carried 3 to 0 and we adjourned at 7:33 p.m. That is the end of my report. Thank you, Councelor Villo. Councelor Irish.
Thank you, Mr. President. Uh finance committee met on August 4th, 2025. uh meeting convened at 7:45 p.m. We had two items on the agenda that evening. Our first item was order number uh order number 19505
uh transfer in the amount of $20,750 from reserve for salaries to various accounts uh as outlined to fund the educational incentive portion of the recently ratified MMEA contract. Uh, Chair Irish read the uh, communication
from Mayor Dumis on a motion by councelor Brown, seconded by the chair. The finance committee recommends approval of the transfer in the amount of $20,750 uh, from reserve for salaries to various accounts as outlined to fund the educational incentive portion of the
recently ratified MMEA contract. Uh, the vote carried 4 to zero. U, council or was absent. Next item was order number uh 19506 uh transfer in the amount of 240,73322
uh from reserve for salaries to various accounts to fund the recently ratified collective bargaining agreement uh with the international associations of firefighters AFL CIO CLC local 1714. Uh, Chair Irish read the uh,
communication from Mayor Dumis on a motion by council Brown, seconded by the chair. The finance committee recommends approval of the transfer in the amount of $240,73322 uh, from reserve for salaries to various accounts to fund the recently ratified
collective bargaining agreement with the International Association of Firefighters, AFL CIO, CLC Local 1714. The vote carried 4 to zero. Council Orum was absent. Uh the uh meeting adjourned
at 7:51 p.m. and I will be asking for two suspensions this evenings for both these items. Mr. President, the chair has asked for suspensions for both items this evening. All those in favor of the suspension opposed suspension. Both suspensions carry and the vote is 100. Councelor Iris.
Thank you, Mr. President. On order number order number 10 19505, move the recommendation of committee to approve the transfer in the amount of $20,750. Please motion made and second to approve the transfer for $20,750
to fund the MMEA contract educational incentive. Any discussion on the motion? Seeing none, all those in favor? Opposed. Transfer is approved. The vote is 100. Councelor Irish. Thank you, Mr. President. On the next order number 109506,
uh move the recommendation of committee to approve the transfer request uh in the amount of $240,73322. Please motion made and seconded to approve the transfer of $240,73322 to fund the fire department contract. Any discussion on the motion?
Seeing none, all those in favor? Opposed? The transfer is approved. The vote is 100. You're good. That's it. Yep. Thank you, Mr. President. Who else? Councelor Roi. Thank you, Mr. President. The Urban
Affairs and Housing Committee met on Monday, August 4th. We had two items on our agenda. They were taken out of order with the first one being order number 25100 9458. a communication from attorney Brian Faulk on behalf of the Goodier Company and the Malbor North
Realy Trust regarding a proposed zoning amendment to chapter 650 zoning to create the Ames Village overlay. President for the applicant were attorney Faulk and Scott Weiss from Gutieras. The chair read the letter from the planning board with its favorable
recommendation for the zoning overlay noting their suggestions listed in the letter would be taken up if the zoning overlay was approved and a special permit was applied for. The chair wrote through the language of the proposed amendment. Councelor Ducet questioned if
we can amend the affordable numbers during the special permit process. The chair said the number is in the code and can't be amended. The chair questioned the statement in dimensional standards number three regarding no yard or setback requirements when they're
specified in number one. Attorney Faulk responded that number three is referring to internal lot lines and the site has multiple lot lines as it was subdivided for housing and so that's it's just clarifying that those don't apply. Um
the chair asked for explanation in age landscaping and the mention of the code that does not apply. But Trinity Faulk explained that 65040F8 is essentially having apartment buildings have roughly leveled landscape lawns equivalent to their largest floor
area and that they have set aside a minimum of 4 acres in its natural vegetative state. So they don't feel that they need to include that extra landscaped area. And in 65018A9, [Music] it's an additional requirement for
landscaped and recreational area for multif family properties where they need to have a 25 ft landscape strip along the frontage of Ames and forest and then a 50-ft strip along the side and rear lot lines. And again, they felt they were providing enough green space. There
was discussion on parking requirement in section one with the minimum of one and a half spaces per unit. And with this agreement, if there is a special permit, we can have that discussion. Councelor Fchilla moved to approve the proposed zoning amendment to chapter 650 to
create the Ames Village Overlay District, seconded by the chair. The motion carried 4 to one. [Music] I will be asking for a suspension this evening to refer this to the solicitor to be put in proper form. And the second
order was number 25100 9477, a communication from assistant solicitor Jeremy Mcmanis on behalf of President Oing regarding the proposed amendment to filling the blanks in section 65017 table of uses. This was brought to us due to discovery
of multiple zoning blank spaces in the code. President Oing worked with the solicitor to fill in the blanks. The chair read the letter from the planning board with its favorable recommendation and suggestion that we change the classification for coffee roastery and
the neighborhood business district from N not allowed to SP special permit. Councelor Det moved to approve the proposed amendment to section 17 table of uses with the amendment to the listing of coffee roastery in NB from current end to special permit. The chair
seconded and the motion carried 5 to zero. And again, I will ask for a suspension was suggested by the chair. This go back to the solicitor to be put in proper form. The chair of urban affairs has asked for two suspensions for both these orders.
All those in favor of the suspension. Opposed, both suspensions are approved. The vote is 100. Council Roi. Uh move to refer order number 25100 9458 to the solicitor
to be put in proper form. Motion made and seconded to approve or to send the Ames Village Overlay District to the solicitor to be put in proper format. Any discussion on the motion? Seeing none, all those in favor opposed. Motion carries. It'll be sent
to the solicitor. The vote is 100. Councelor Roby. I move to refer order number 25100 9477 the communication regarding filling in the blanks to the solicitor to be put in proper form. Motion made second to send the solicitor
the zoning change for filling in the blanks be placed in proper legal form. Any discussion on the motion? Seeing none, all those in favor oppose. That motion carries. This is going to the solicitor and the vote is 100. Are there
any other reports of committees? Seeing none, agenda item number 24. Order number 24-100 9327. The reappoints to the zoning board of appeals with terms to expire as follows. Ralph Loftton, term to expire February 24th, 2027. Thomas Golden, term to expire
February 24th, 2027. Robert Lavine, term to expire February 24th, 2028. And Thomas Pope, term to expire September 12th, 2026. Recommendation of the personnel committee is to approve. Council Naven. Thank you, Mr. President. Move the recommendation of committee. Motion's made in the second to move the
recommendation of committee, which is to appro approve the appointment of the four ZDA members. Any discussion on the motion? Seeing none, all those in favor? Opposed? The motion to approve the four ZBA members is approved and the vote is 100. Agenda number 25
number 25-100 9491. The appointment of Peter B. Welsh to the historical commission for a three-year term to expire June 19th, 2028. Recommendation of the personnel committee is to approve. Council Naven. Thank you, Mr. President. Move the recommendation of committee. Motion made second. Move the recommendation of the committee which is to approve the appointment to the
historical commission. Any discussion on the motion? Seeing none, all those in favor? Opposed? The appointment to the historical commission is approved and the vote is 100. Agenda item number 26 number 25-100 9492. the appointment of
Deborah Jakabooki Russ to the library board of trustees for a three-year term to expire on February 1st, 2028. Council, thank you, Mr. President. Move the recommendation of committee. Motion made and seconded to approve the recommendation of the committee, which
is to appoint the Deb Russ to the library trust of that. All right. Cheated. Yeah. Okay. All right. Uh any discussion on the motion? Seeing none, all those in favor? Opposed? The appointment carries and the vote is 100.
Okay. Agenda item 27. Order number 25-100 9432. Application for a wireless special permit from Jerry Squires on behalf of Dash Wireless to install, operate and maintain a wireless communication facility consisting of nine antennas, 12 RUS, 12 fiber cables
and ground equipment with within a 100t square lease on and next to the water tank at 115 Antamog Street. Public hearing was held on June 9th, 2025 and the recommendation of the public services committee is to approve as amended. Council Fillo. Thank you, Mr. President. Move the
recommendation of committee to approve as amended. Motion's made in the second to approve the recommendation of the committee as amended. Any discussion on the motion? Seeing none, I will ask the clerk to please read the conditions. The city council pursued to its authority under
Mass General Law Chapter 48 in the city of Malro's own zoning ordinance grants to the applicant a special permit for the construction of the use of wireless communication facility on the existing water tank at the site subject to the following conditions. Which condition shall be binding on the applicant and successes and/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 Auburn and the Commonwealth of Massachusetts and the use shall be built according to the plans as may be amended during site plan review. Two, site plan review. The issuance of the special permit is further subject to detailed site plan
review by the site plan review committee in accordance with the city of Malro 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 the special permit and the plans submitted, reviewed and approved by the city council as a special permit granting authority. Three, incorporation of submissions. All plans, photo renderings, site evaluations, briefs, and other documentation provided by the applicant as part of the application and as amended or revised during the
application hearing process before the city council and or the city council's public services committee are here and incorporated into and become part of this special permit and become conditions and requirements of the same less otherwise altered by the city council. Four, compliance with applicable laws. the applicant and successes and/or assigns agrees to
comply with all municipal, state, and federal rules, regulations, and ordinances as they may be as they may to apply to the construction, maintenance, and operation of the use. Five, all work performed on the site shall comply with the with this decision. No other building or construction or activity, including but not limited to any other
communication devices, WCF, tower, etc. shall occur without further modification of this special permit. This condition shall be interpreted consistent with federal law governing WCFs. Six, no signage or advertising of any sort shall be permitted as part of the use. Seven, the applicant shall comply with all applicable conditions for WCFs as set
forth in section 65025F, each of which shall constitute conditions of this special permit. Eight, any installation, modification, or maintenance of antenna equipment on the tank shall be coordinated with the utility service company, Inc., the city's contracted water tank maintenance vendor, to ensure no interference with the city's maintenance obligations or
tank integrity. All antenna installation shall be subject to prior review and approval by utility service company incorporated pursuant to the city's USC contract referenced in finding of fact number nine above. Any collocation or equipment installation must comply with the terms and conditions of the city's
USC contract as amended. The applicant shall be responsible for the temporary removal and reinstallation of its antennas and associated equipment if such removal is necessary to accommodate required maintenance, inspection or renovation of the water tank as determined by the city or its tank maintenance contract. Costs associated
with such removal shall be borne by the applicant. and nine, in accordance with the provisions of Massachusetts general law, chapter 48, section 11, the applicant of successors and or signs, at its expense, shall record this special permit in the Middle Sex South Registry of Deeds after the city clerk has certified the 20-day period for appealing the special permit has elaped from an appeal having been filed and
before the applicant is applied to the building commissioner for 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 solicitor's office. Councilors, you heard the conditions. Is there any other comments or questions on the motion to approve the special permit
for Dish Wireless at 115 Anamong? Seeing none, this is a roll call vote. I will ask the clerk to please call the role. Councelor Presiano, yes. Councelor Oing, yes. Council Pillo, yes. Councelor Naven, yes. Councelor Irish,
yes. Council Det, yes. Councelor Roby, councelor Orum, yes. Councelor Vital, yes. Councelor Brown. Yes. And yes, the motion to approve the special permit for Dish Wireless at 115 Omog is
approved by a vote of 100 28. Order number 25-1009. Mr. President, Attorney Faulk is here. Do you want to have them do those or you want to wait to get through all? Wait, cuz we're on a roll.
said, "Don't stop." I'm not going to start carrying comments. Order number 25-100 9496 request for the approval of a master sign plan for various signs pursuant to chapter 65037 I1A of the city code for the McDonald's restaurant to be located at 735 Boston
Post Road East in the Wayside zoning district. Recommendation of the urban affairs committee is to approve the master sign plan with the smaller 6x5 monument sign. Mr. President Council Ducet, please show the record that I'm recusing from this vote. With the record reflected, councelor
Ducet will not be participating. Councelor Roby. Thank you, Mr. President. Move the recommendation of committee to approve the sign master sign plan for McDonald's. Motion's made and seconded to approve the McDonald's sign plan. Any discussion
on the motion? Seeing none, all those in favor? Opposed? The sign is approved. The vote is nine in favor with one abstension. Agenda item number 28. 29 29. Order number 25-100 9397E. Application
for a special permit from 27 Curtis Aav LLC for the proposed renovation and reconstruction of a pre-existing non-conforming car wash located at 27 Curtis Avenue. Recommendation of the Urban Affairs Committee is to approve as amended. Councelor Roby. Thank you, Mr. President. Move the recommendation of committee to approve
the special permit for the car wash. Motion made and second to approve the special permit for the car wash. Is there any discussion on the motion? See, councelorm, I hope I read this right. In reviewing this, it mentions 24/7
in one of the conditions if I'm not mistaken. Are we allowing a car wash to operate 24/7? I believe that one does. Now I mean it's just a manual go in drive and wash but it's for the entire place or just
the manual washing. Is it for the automatic? For the entire site the entire site and that that does concern me. It you know at late at night summer like tonight windows are open. So I just want to voice my concern on the 247.
Thank you. Thank you council. Any other comments or questions? Hearing none. I'll ask the clerk to please read the conditions. City council, pursuant to its authority in the Massachusetts general law, chapter 48, in the zoning ordinance of the city of Malboro, hereby grants the applicant a special permit for a car
wash at 27 Curtis Avenue as shown on the plans filed subject to the following conditions. Which condition shall be binding on the applicant. One, construction in accordance with applicable laws. Construction of all structures on the site is to be in accordance with all applicable building codes and zoning regulations in effect in the city of Malro and the Commonwealth of Massachusetts and shall
be built in according to the plans as may be amended during site plan review. Two, site plan review. The issuance of the special permit is further subject to detailed site plane review by the site plane review committee in accordance with the city of Mro site plane 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, no final occupancy permit shall be issued until the applicant is complied with all conditions. Provided, however, that subsequent to the issuance of the special permit and site plan approval, the site plan review committee may authorize a phasing of site and building
work depending upon weather conditions and other factors. Subsequent site plan review shall be consistent with the conditions of this special permit and the plans submitted, reviewed, and approved by the city council as a special permit granting authority. Three, modification of plans notwithstanding conditions one and two above. The city council or the site plan review committee may approve engineering
changes to the plans so long as said changes do not change the use as approved herein or materially increase the impervious area of the use, reduce the green area or increase the size of the building all as shown on the plans. Four, incorporation of submissions. All plans, photo renderings, 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 city council's urban affairs committee are here and incorporated into and become part of this special permit and become conditions and requirements of the same unless otherwise altered altered by the city council. Excuse me. Five, storm water and erosion control management.
The applicant shall ensure that its site superintendent during construction of this project is competent in storm water and erosion control management. This individual's credential shall be acceptable to the engineering division of the city's department of public works and the city's conservation commission. This individual shall be responsible for checking the site before, during, and after storm events, including weekends
and evenings when storms are predicted. This individual shall ensure that no untreated storm water leaves the site consistent with the states and city's storm water regulations. This individual shall ensure compliance with the approved sequence of construction plan and the approved erosion control plan. The applicant shall grant this individual complete authority of the
site as it relates to storm water and erosion controls. Six hours. The maximum hours of operation of this of the use at this site shall be 24 hours per day, 7 days per week. Seven, water and sewer connections. The applicant shall install and maintain a water reclamination
and recycling system to be approved during site plan review and shall obtain and maintain a sewer discharge permit from the Department of Public Works. Eight, landscaping. A detailed landscaping plan for the site shall be reviewed in further condition during site plan review process. The landscaping plan shall be more robust than is required by the zoning
ordinance, and shall improve aesthetics along East Main Street, provide a buffer to adjacent properties, provide shade, shade, canopy, and use native plants to improve habitat. The applicant successors and/or sign shall maintain the landscaping at the site for the duration of the use. Nine, noise and air quality. The applicant shall comply with
the city's noise ordinance and shall comply with all state and federal requirements governing air quality and emissions. 10, lighting. Exterior lighting at the site shall be downward facing shielded to minimize impacts on neighboring properties and shall comply with all applicable laws. 11. Signs. Signage at the site shall comply with
city sign ordinance. 12. Compliance with applicable laws. The applicant agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of the use. And 13, recording of decision in accordance with the provisions of Massachusetts general law chapter 48 section 11. The applicant at
its expense shall record this special permit in the Middle Sex South Registry of Deeds. After the city clerk has certified the 20-day period for appealing the special permit has elapsed, no appeal has been filed and before the applicant has applied to the building commissioner for a building permit. Upon recording, the applicant shall forthworth provide a copy of the recorded special permit to the city
council office, the building department, and the city solicitor's office. Thank you, Mr. Carrian. Uh, council Orum, if it helps you at all, the pack the draft conditions that went to urban affairs in the package has the item for hours listed. Uh, the hours of operation
for the use of site should remain the same as the current car wash, which is open 24 hours a day, 365 days a year. So, I'm assuming the solicitor just tweaked the words to say it's open 24/7. But that's what was discussed back at
Urban Affairs at the meeting. Mr. President, could we put a condition on the hours that they offered to operate or is it versus where versus 24/7? You can do anything you want if you get the votes. Understandable. I would ask for the
amendment to this to include the hours that were noted by the applicant, not the 247. It concerns me cuz But the applicant said it was 24/7. Oh, he is wanting to Oh, I thought he was trying. No, he said the current hours, which are 24/7.
They are. Okay. Yeah. Okay. Thank you. I have a concern with that. So, my vote will reflect it. Okay. Thank you, councilor. Any other questions or comments from the counselors? Hearing none. This is a special permit. It's a roll call vote. I will ask the
clerk to please call the role. Councelor Irish, yes. Councelor Brown, yes. Council Navan, yes. Council Roby, yes. Councelor Vital, yes. Councelor Oing, yes. Council Fill, yes. Council Det, yes. Councilor Presiato, yes. Council Oram,
no. Nine. Yay. Nay. The motion to approve the special permit at 27 Curtis A is approved with nine in favor, one opposed. Agenda item 30. Order number 25-1 under 9433C. Application for a special permit from Attorney General Cashman on behalf
of TV Malbor LLC and Green Army Laboratories, Inc. for the purpose of operating an independent marijuana testing laboratory to be located at 260 Cedar Hill Street. Recommendation of the Urban Affairs Committee is to approve. Councelor Roby. Thank you, Mr. President. Move the recommendation of committee to approve
the new uh marijuana laboratory. Motion's made and seconded to approve the special permit for the new marijuana testing facility. Any discussion on the motion? Seeing none, it's a special permit. So, it's required to read the conditions.
I'll ask the clerk to please read the conditions. City Council, pursuant to its authority under Massachusetts General Law, Chapter 48 in the zoning ordinance of the city of Malro, hereby grants to the applicant grants the application for special permit to the applicant in order to authorize the operation of a marijuana independent testing laboratory at 260 Cedar Hill
Street subject to the following conditions. Which condition shall be binding on the applicant at successors and/or signs? One, construction in accordance with applicable laws. Construction is to be in accordance with all applicable building codes and zoning regulations in effect in the city of Malro and the Commonwealth of Massachusetts and shall be built according to the plans. Two, compliance
with applicable laws. The applicant agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of the use at the site. Three, site plan review. The use at the site is further subject to site plan review in accordance with the city of Morrow site plan review ordinance prior to the
issuance of the occupancy permit as required by article 6, section 65032E of the zoning ordinance. 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. No final occupancy permit shall be issued until the applicant is complied with all
conditions. Site plan review shall be consistent with the conditions of this 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 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 city council's urban affairs committee are here and incorporated into and become part of the special permit and become conditions and requirements for the same unless otherwise altered by the city council. Five, compliance with state requirements. In accordance with article 5, section 6501847 C of the zoning ordinance, the use at
the site shall comply with all statutes and regulations of the commonwealth of Massachusetts for the lensure and operation of an independent testing laboratory. Six, security. A. The applicant shall maintain in the security have to sign in accordance with the applicable Massachusetts Cannabis Control Commission requirements for an
independent testing laboratory. The applicant shall provide a written security plan to be approved and signed by the Maver police chief or his designate. Any substantive changes to the security plan shall receive written approval from the police chief or his designate. B. The applicant shall maintain the designated laboratory and storage area as a secured and limited
access area at the site. C. The applicant shall maintain surveillance cameras capable of 24-hour video recording and archiving recordings. Seven, process processing and odors. There shall be no processing or manufacturing of marijuana or marijuana infused products as part of the use at
the site. Marijuana and marijuana products shall be prepackaged and sealed prior to arriving at the site. Any odors associated with marijuana and marijuana infused products shall be limited to the interior of the unit. There shall be no on-site consumption or use of marijuana or marijuana infused products associated
with the use at the site. 8 hours. The maximum hours of operation of the use at the site shall be Monday through Friday, 8:00 a.m. to 5:00 p.m. Nine. Contact information. The applicant shall provide current contact information of management and staff to the chief of police, the fire chief, the building commissioner, and the city council. 10.
Annual reports. The applicant shall submit to the city council. The same annual reports. They must be provided to the Massachusetts Cannabis Control Commission. 11. Inspections 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. 12. Background checks. The applicant shall require that employees undergo a criminal background check including but not limited to Corey and add and an additional background check by the police chief who shall have the
authority to disapprove the employment of any person or persons as a result of said background check. 13 retail sales. There shall be no retail sales permitted at the site. And finally 14 recording of decision in accordance with with the provisions of Massachusetts general law chapter 48 section 11. The applicant at
its expense shall record the special permit in the Middle Sex South registry of deeds after the city clerk has certified that the 20-day period for appealing the special permit has elapsed 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 solicitor's office. Well done, Mr. Carrian. Thanks, sir. Okay, you've all heard the list of conditions. Any further discussion on the special permit for the marijuana testing facility on Cedar Hill Street? Seeing none, I'll ask the clerk to please call the role. Councilor Naven,
yes. Council Pillo, yes. Councelor Orum, yes. Councelor Roby, yes. Councelor Irish, yes. Councelor Oing, yes. Councelor Vital, yes. Council Dat, yes. Councilor Presciado, yes. Councilor Brown, yes. Pier, sir,
the special permit for the marijuana testing lab at Cedar Hill Street is approved by a vote of 100. Agenda item 31. Order number 25-1009434C, application for a special permit from Attorney Gemma Cashman on behalf of Royal 401 Elm Street LLC for the purpose
of operating an approximate 203,500 ft warehousing and distribution facility to be located at 415 Elm Street. Recommendation of the Urban Affairs Committee is to approve as amended. Council Roi. Thank you, Mr. President. Move the recommendation of committee to approve.
Um, so couple of things. I guess I'll I'll hold that before it gets seconded. This is 401 Elm Street. We got a communication from the attorney asking that the vote be postponed until our next meeting on September 8th. And we got a
communication from councelor Presiado looking to amend amended. So there's a prep what process would you like to take, councelor Roby? I don't want to be stuck having to vote on it at the request of the attorney.
I was going to wait until the amendments were brought forward. If the amendments carry, then my suggestion it would be that this get referred back to the solicitor and be put on the agenda of August September. September September.
Okay. I am not in favor of postponing this so that the applicant can speak to the city council. They've had their opportunity through the public hearing through this urban affairs meetings. I think everybody knows how they're going
to vote and we should just move forward which I guess we would be doing depending on what happens with the amendments. Okay. So motion's been made and seconded to approve the special permit. Councelor Presiato. Thank you Mr. President. Um I would like to request for suspension of the rules
to submit the following amendments to the special permit. Uh number one, deed restriction of the remainder of the property for conservation purposes. The remainder of the subject property not currently developed or planned for development shall be placed under a deed restriction in perpetuity. This deed restriction shall ensure that the un
undeveloped portion of the property is preserved as open space and placed into conservation. Number two, contribution to conservation maintenance trust fund. A monetary contribution in the amount of 15,000 will be made to the conservation maintenance trust fund account. This contribution will be used specifically
for the maintenance and stewardship of conservation lands in accordance with the guidelines established by the city of Marorrow's conservation commission. I'd also like to send this to solicitor to put in proper legal format if it once gets voted on. Motions made and seconded. Let's start first to amend the special permit by
adding these two uh conditions. Uh so motion's been made and seconded to add them. Open the floor up for discussion. Is there any discussion? Councelor Fill. Thank you, Mr. President. Um I am in favor of the these two amendments. My
one question uh would be regarding the contribution um to the maintenance of the trust fund. Is this a one-time contribution um that would be made? Um I in the language I wasn't sure if this was a one-time contribution. Could I ask that question through the president to the council?
Yes, council. It would be a onetime uh $50,000 um uh going into conservation maintenance trust fund. Thank you, Mr. President. That's my Thank you, Council Chillo. Any other comments? Council Brown. [Music] Thank you, Mr. President. Um this
proposed project is in my ward ward 4 and um I've done a a lot of work reaching out to um members of site plan um conservation commission and um just circling back to some of the residents
and um I cannot support this um this project even with councelor Presiato's very thoughtful amendments. I thank you for thinking of them. But um I take big issue with the fact that it's 24/7. Um
once something like this is issued a special permit, we can't go back on that. So um I just really would feel awful for people who it's it's a very residential area with Elm Street, Berlin Road, Felton, and we can't just take
that back. But from another standpoint with um you know, one of my I guess personal hobbies since being on the council has been more of the finance aspect. I just don't see how this type
of a property would really um I could get more excited for it if I thought that it would add more to our um to our tax base because I just see this type of a building not having any um any
property in it that we would be able to apply personal property tax to. I imagine maybe they'd have some forklifts, but it would just be goods kind of coming and going, but nothing really housed there. And then with the
um with the consideration of the toll it might take on our roads and um excise tax, I just don't believe uh many of the commercial vehicles will be even registered to Massachusetts. Um, so I just don't think we would we
would see any benefit of excise tax from the traffic that would come and go. Um, from reading the communications from the folks on site plan, it felt like some people had lingering concerns and I absolutely feel that although they
issued the approval, I just don't think anybody's really excited for it. So um just based on those things I as a ward counselor can't support it. Thank you. Okay. Again this is on the vote discussion now is on the amendment.
Okay. So well said but the discussion now is on the amendment. Is there any other discussion on the amendment to the special permit? Council Ducet. Thank you very much Mr. President. Uh well thought out uh councelor Padio. So,
um, I thought this was, uh, reasonable, uh, proposals. They're not necessarily outrageous considering the size and scope of the project to add these amendments. So, I'm in full support of this. Thank you. Thank you, Council Ducet. Anyone else? Council Roby. Thank you, Mr. President. I do
appreciate Council Presto's work and um, understand his desire to add these two. I will support them, but I will not support the order when it comes to a final vote. Um, if it passes, then these would be good language. But I will point out that it's
interesting that they're willing to give us $15,000 to be used for conservation, yet they're going to be clearcutting the property as much as they can for this um building that they're putting in. Thank you.
Thank you, Council Roby. Anyone else? Councelor Irish. Just a clarification, Mr. President, for one moment. This is only on the vote before you right now is just on the amendment. It's not on the special permit. Thank you, Mr. President. You're welcome. Council Orm.
Thank you, Mr. President. I stand to talk about the amendments. Good effort. I would suggest though that the effort doesn't talk about, as was questioned earlier, the amount of 15,000 being a
one-time deal. And as a counselor, I'm a little bit offended not by the council who sponsored this, but by maybe the applicant that suggested it. It almost sounds like I'm hearing that money might matter. In this case, in my view, the
constituents matter. The Wad 4 counselor already noted the constituents concern. So, I would say a good effort, but I can't support either the amendments based on the value of how I feel they're being presented by the applicant through
the counselor. I will not support this based on, as we said earlier, 24/7. That's a lot of nighttime driving through these neighborhoods. But that is separate and I'll bring that up at the time of the vote. Thank you, Mr. President. Council Presiano.
Thank you, Mr. President. Um, I would like to address the council in saying that I spoke with the developer about these amendments. Um, and this is what um, I had proposed putting it into conservation. I also proposed a monetary amount. They came at 10. Uh, we agreed
on 15. Um, I wish we could get more. Um, in all honesty, I do not support this project in full. Um but in case it does pass, these would be um great amendments to the special permit um just to have some kind of monetary fund going into
our conservation and have that land be be um protected in perpetuity. Thank you, Council Presiano. Councelor Brown. Thank you, Mr. President. Um uh with this being about the amendment, I will
support the amendments just in case that this does end up coming to fruition when it goes to a full council vote. I think that having these couple of um added amendments in would would be beneficial. Thank you, councelor Presiato. Thank you, President Osen.
Council Brown. Anyone else? Council Vital. Thank you councelor for your work. I think it's important that that and I also hear what m councelor Orum mentions about um this body taking in money for
special projects and I think one of our priorities should be is to how is conservation more important than seniors tax rates. how are you know there are lots of very important issues that are that impact our city right now
and I think before we start asking for things we should probably try to put some priority to them Mr. President thank you council vital council presidential thank you Mr. President, I will defend that um point. Um seniors do need a great big tax break. Um unfortunately,
what they proposed on doing at this plot of land is removing a substantial amount of green space, animal habitat, um you know, environmental buffers in many ways. So, I saw this way of giving back what they would be taking away um in in future projects. um it would be great to
have some kind of a senior tax incentive or fund to to take from developers and and have them submitted to to to those accounts. Um but for this main specific purpose is to hopefully give back what they are taking away. Thank you. Thank you, Council Presiato. Anyone else
on the motion to approve the two amendments to the special permit presented by Councelor Presiato? Any further discussion? Seeing none. All those in favor of approving the amendments. 1 2 3 4 5 6 7 8. All those
opposed. One. How do I not how do you not count right? Count yourself. Count me. Nine. All right. Yeah. I guess if I don't count myself, it makes it easy. All right. So, the amendment is passed by a vote of 9 to one. Council Roby.
Thank you, Mr. President. So in light of there being amendments, I would move to refer this back to the solicitor to be reput including these to be on our next agenda. Motion's made in second to refer this
back to the solicitor put in proper format with the two conditions offered by councelor Presiato. Any discussion on the motion? Councelor Det. Thank you very much, Mr. President. Just so that I understand as far as process goes, everything we talked about before
is actually voting on this isn't going to happen until the next meeting. That is correct. Okay. Thank you for the clarification. That's okay. On the motion to refer back to the solicitor put in proper format. Any further discussion? Seeing none, all those in favor?
Opposed? Motion carries to go back to the solicitor. The vote is 9 to one with one abstension. Okay. Going back to item number two, I forgot what it was. Uh public now is the time for the public hearing on the application for a special permit for attorney Brian Faulk on behalf of Farm
Road Realy Trust in Evangelos Roofing to operate a contractor's yard in the pre in a pre-existing non-conforming building in the airport industrial park at 17 airport boulevard unit 20 or number 25-100 9512. Okay. This public uh hearing will be conducted in four stages. Public
speaking in favor starting with the applicant. questions from the public. Public speaking opposition and finally questions from the city council. So, we'll open the first part of the public hearing with a public speaking in favor signing the applicant. Please state your name and address for the record. Thank you. Uh thank you, President Osley
and councilors. Uh and thank you to the council and my clients for their patience in uh postponing these hearings while I was stuck up with the uh the planning board on another matter. Um, attorney Brian Faulk with Myrick 100 Front Street in Worcester here on behalf of the applicant and owner Farm Road
Realy Trust and operator Evangelist Roofing. With me tonight from Evangelist Roofing, um, is owner Ted Evangelist. Um, this is an application was mentioned for a special permit for a contractor's yard at 17 Airport Boulevard in the Airport Industrial Park. Um, um, Mr.
Clerk, you have the clicker. Sure. that is quicker. Um, so up on the screen you have an aerial of the site. Um, Airport Industrial Park, as you may know, is actually a commercial condominium. Um, all the buildings and sites are individual units in the condominium on a single lot with Airport
Boulevard being a common driveway for access. Our site is the only one uh when this was built out that had an existing building, a former hanger at the airport. Um, as a result, the building is pre-existing non-conforming structure close to the property's lot lines. Next
slide, please. This is the view from Airport Boulevard of the site and the renovated hanger building. Um, Ted Evangelist purchased the use um restricted the use area, excuse me. Um, in 2021, Evangelist
Roofing would share the building with tenant gutter boys, each having access to the building for storage of construction materials, roofing materials and gutter materials. Um, the parking area would hold um vehicles um business vehicles after hours and
employee vehicles during business hours. Next slide, please. This is our site plan. It's an asbuilt showing existing conditions is again this is a this already existing built site. Um the use area has 12 parking spaces plus the building landscaping and
storm water infrastructure. Um the applicant received a determination and an enforcement request from the building department um that this use required a special permit as a contractor's yard. Um so we're here looking to get into compliance um like the three other landscaper and contractor yards that are
um in the industrial park now and operating. Uh we believe this proposal meets the legal standards for a special permit and a section 6 finding for the pre-existing non-conforming structure. Um we met with the site plan committee um on August 14th last week to discuss
the plan and to gather comments for the council. Um look forward to working with the council and the urban affairs committee and happy to take your questions. Thank you. Thank you attorney Faulk. 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? Any questions from the public? Hearing none, I close that portion of the public. Public speaking in
opposition. Any members of the public speaking in opposition? Members of the public speaking in opposition. Hearing none, I close that portion of the public. questions from the city councilors. Councelor Ducet,
thank you very much. Um, keep an eye on how the boulevard uh has progressed in development. Um, so this is taken over in existing buildings. There's no structural changes whatsoever. It's just in use. That's correct. The the exterior was uh
was improved um a number of years ago. Um there may be some interior renovations, but the the site is is as um as is. Okay. Is there going to be any storage uh outside the building of uh lom or mulch or anything else like that around
here? There wouldn't be cuz it's a contractor's yard, not a landscaper's yard. So there would be building materials inside, but the the way the site, as you can see, um doesn't really have a rear to be storing those materials anyway. So it's essentially vehicles on the parking areas and then
materials indoors. Okay. So from the outside there will be nothing stored outside. It will be stored more or less inside the building. Okay. Thank you for that. Appreciate that. Thank you councelor Ducet. Councel vital. Thank you Mr. President. Will any retail activity be taking place from this from this position?
No. Councelor Vital. Uh just uh a base of operations for these two contractors to have their office, store materials and keep their vehicles. Limited amount of tra uh traffic then. Right. the the the cars in would be employees coming to start their day and
then um you know vehicles going out to construction sites as needed. Great. Thank you. Thank you, Mr. President. Thank you, Council Vital. Council Orum. Thank you, Mr. President. Um question on the lot line you pointed out which shows it on the first page. Is this a viable
lot uh with that being on someone else's lot or do you own the other lot? Want to go to the first picture? It shows the yellow line going through the back of the building there. You mentioned it. Sure. Sure. Councils, that that's an it's an
illustration. It comes from the city's GIS. That that's not necessarily a surveyed lot line. It's just what shows on the on the GIS. But the site plan we had up was a surveyed plan, and the building's all located on the lot and within uh Mr. Evangelist's exclusive use area.
Okay. I'd be approving something and then have the abutter say, "Wait a minute, that's on our property as well." But as this plan showing now, it obviously is right a little bit off of it. So, thank you. I was concerned we're approving something that might not be a legal lot. Thank you. Thank you, Mr.
President. Thank you, Council Orum. Anyone else? Councilor Roi. Thank you. Uh just to clarify, uh if I wanted to hire either of these to do roofing or guttering, I would not be
going to the building on Airport Drive to look at roofing. Where would I look at that sort of stuff? Do they have an office somewhere else? So, um they go to the project site um to the home to the bu building. Um, this is not an operation for customers to come.
It's not a showroom. Um, it's not a retail retail operation by any means. Thank you. Any other questions from the counselors? Questions from the counselors? Questions from the counselors? Hearing none, I close that portion of the public hearing and the entire public hearing
and this is in urban affairs. Thank you very much. Agenda item number three. Now is the time for the public hearing on the application for a special per permit from attorney Brian Faulk on behalf of First Choice Auto Service and Sales Incorporated to modify the pre-existing non-conforming auto repair use by adding
automobile sales as an accessory use at the property located at 299 Maple Street, order number 25-1009513. Okay, this public hearing will be taken up in the same four stages. Public speaking in favor starting with the applicant, then questions from the public, public speaking in opposition, and finally questions from the city
council. So I will open the first part of the public hearing with the public speaking in favor starting with the applicant. Please state your name and address for the record please. Thank you President Oene counselors attorney Brian Faulk with Mrick 100 Front Street in Worcester. Here on behalf of the applicant First Choice
Auto Services uh with me are owners David Henriquez uh and Analy Pina. Uh David and Analy have been in business for over 3 years. Uh like many repair shops, they are often asked by customers to buy or sell cars. Uh to pursue those
opportunities, this special permit would allow them to add class 2 used auto sales um as an accessory use to their existing um auto repair use. Next slide, please. So this is the site, 299 Maple Street. It's in the commercial automotive zoning
district. You can see um this site highlighted in yellow right towards the middle of the zoning map. Um and this is an image of the front of the property along Maple Street. Um this is a pre-existing non-conforming use. It predates the special permit requirement
um for auto uses on lots of less than 1 acre. Um this has been an active auto operation for for decades. Uh again um uh David and Anley took over and started their business here three years ago. Um, it's also a pre-existing non-conforming
building and site uh on a few different dimensional categories. Next slide, please. This is our site plan, a survey building along the northern uh lot line and the site itself um is just over 6,000 square
ft. Next, please. Um, so this is a zoomed out view of the front of of the site. The plan is to have three to five cars for sale at any given time depending upon inventory. Um they be parked on the north end of the site along Maple. So where you see cars
on the right side of this image um is where um David have in mind to put um cars that are for sale. Um in addition to this special permit, the use would require a class 2 license from the licensing board. Um so that's an annual
renewal. It's an annual license. um and by statute has a lot of detailed rules that um auto sales operators must comply with and it's up subject to annual renewal. So there's a built-in mechanism for the city beyond just this special permit. On an annual basis, the
licensing board will be looking to see how they operate and are they in compliance um with the rules for um auto sales operations. Um we met with the city site plan committee last week, August 14th, and received some comments from department heads. Um, one thing site plan committee
requested was a striping plan to show how cars would be organized on the site. Um, we're working on that. We don't have it for you now. We just learned about this request on Thursday, but we'll work to get you that plan so you can see essentially how cars would be parked on the site and and and the general
organization of the site. Um, there's also a request to see what we could do in terms of greening the site up. Um, David and are tenants here. Um so their their options in terms of what site improvements they can do are limited. Um but one idea we had um was to add some
planters um along um the sidewalk area would um provide some some greenery, some landscaping along that stretch of Maple Street and help u beautify the site and provide some demarcation between the sidewalk um and their and their property. Um David Ay are excited
at the opportunity to expand their business here in Malbor. We thank you for your time and look forward to your questions. Thank you. Thanks, Attorney F. Council uh Mr. Car Council Car. Uh yes, President Osing, just uh for the record, there were five letters of uh
support that were received by the council uh for this project and they will be entered into the record. Thank you. Any other members of the public speaking in favor? Any other members of the public speaking in favor? Any 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? Any questions from the public? Hearing none, I close that portion of public hearing. Public speaking in opposition. Any members of the public speak in
opposition? Members of the public speaking in opposition. Hearing none, I close that portion of the public hearing. Questions from the city councilors? Councelor Naven. Thank you very much, Mr. President. Um, thank you, Attorney Faul, for being here. Thank you for your application. Um, real quick, I was happy to hear um
of site plans request for a striping plan. Um, it's a good photo that captures kind of this part of Maple Street and then also up and down Maple Street. Um, so delineation would be helpful. Um, I definitely think beautifification of the site would be helpful, something we'd look forward to.
Uh, recognizing that as you're not the property owner, it'd be a little bit of a challenge. The other part it would be nice to see um if we could do something about is the left-hand side. So the southern facing side just a way to delineate the property as well. Um I don't know if the property owner also
owns the building the lot directly to the south of it. But if not it would be nice to be able to kind of square that off a little bit and so that this area is wellkept um to both highlight your business and the ability for auto sales while not letting it spread or kind of evolve into um a potential blight or
nuisance in the future. So, look forward to coming to Urban. Thank you. Thank you. Thank you, Councelor Naven. Council Orum. Thank you, Mr. President. I don't want to sound like a broken record, but I mentioned 24/7 twice tonight. I'm going to ask the same question about this lot. I know they don't own it, but it appears
to be on someone else's property, part of the building. So, council, there is from the survey we identified, again, there are tenants in this building. They're as surprised as anyone. There is an encroachment it appears of the building onto that's
property of the Commonwealth. Um it as a zoning matter it it is well over 10 years. So in terms of as an enforcement matter for zoning purposes um it it's it's not there. Um whether there's an adverse possession claim with respect to
the building I don't know but from my perspective from a special permit and a and a zoning u matter that encroachment you know isn't isn't in play. Okay. And another question would be the applicants do not own the building. So this would only apply to the present
applicants. Correct? If we grant this special permit, it wouldn't apply to the owner of the building, would it? Uh well, special permits do run with the land um unless they're conditioned otherwise. Um, so this would be a special permit that would allow as an
accessory use, again, not the not the primary use, not the principal use, as an accessory use to auto repairs up up to five cars of um class 2 used auto sales. It would run with the property unless conditioned otherwise. So, it will run with if they leave the
business, someone else could move in and have the five cars for sale opportunity. That's correct. so long as they're able to get a class 2 license and one renewed each year from the licensing board. And I travel this road at least three times a week, moving from MRO into a few
other towns. And I appreciate and will hope to see uh the beautifification part of it. Um the registry, the old registry, I just complained about that only a week ago. Uh we this is our entrance to Marro. You want people to get in there, too. And I agree with the
planters to do the best you can with the space you have, but I would expect to see that as a part of the approval. Thank you. Thank you, Mr. President. Thank you, Council Orum. Any other comments? Council Presiato. Thank you, Mr. President. Um, thank you for being here in your application. Uh,
good evening, Attorney Faulk. Um, I have some concerns for this uh permit. Um, mostly, um, the amount of just vehicles that are stationed at the lot. Currently, that lot is full to the brim from side to side with cars already. Um,
despite what this picture shows, uh, I drive by there quite often. Um, I've actually used your services as a mechanic before, so thank you for your services. Um, but I cannot support this um, u, as a place to sell autos. Um, mostly because it is like our my
counselor said to the left of me, it is an entrance to the city. Um, we already have a giant auto mile leading into the city. Um, I would not like it to continue um, you know, past where it is right now. It is also next to I believe it might be a small little wetland or a
brook um, which flows into a stream that flows into the Sbury Reservoir. I don't know if you're aware, but that's right next to their property. I know there are cars that are right next to that. Um, so that is an environmental concern for me. Um, um, but I guess that's all I have for now and we'll see you at Urban.
Okay. Thank you, Council Presiano. Any Go ahead. if you wanted to. Oh, I just I just I I appreciate those comments. What I would say is um it's a it's a pre-existing non-conforming auto repair use and that would continue. Um and in terms of you know a striping
plan, beautifification um you know those would be conditions of this special permit. Um the the lot doesn't lend itself to more cars. This the intent here is that there would be the same number or fewer cars. Some of them would be for sale as would be for
um for use. Um and I and I I appreciate your comments. I don't disagree um that in some recent weeks there have been a large number of cars on the site. So one of the things David and and a do is you know they get cars in from dealers often who don't have on-site mechanics or um
they would prefer to outsource to them. Um so sometimes they don't have you know they suddenly get a lot of cars coming in. So, uh, one of the things with this special permit would be an opportunity for both the council and the licensing board, um, to say something about the
number of cars versus if this doesn't go through, um, it's it's, you know, not currently a zoning issue because there's no restriction on the number of cars on site now. Yeah. Um, thank you for that. And my concern with the amount of cars there is that they are there for repairs and they will leave. If they are there for sale,
they might be there lingering longer. That's all. Thank you. Thank you, councelor Presiado. Any other councelor Irish? Thank you, Mr. President. Good evening, Attorney Faulk. Um, for security measures, what is the lighting schematics for this property? Yeah, there's existing exterior lighting
um there now. Um, but in terms of, you know, it's not currently regulated beyond what it was installed years ago. So, we can certainly, you know, address that through a special permit if that's a concern. Yeah. For having used cars, people would go be looking. I was just curious of that. Thank you. Thank you. Thank you, Mr. President. Thank you, councelor
Irish. Any other counselors? Councelor Villo. Thank you, Mr. President. Just one question of clarification. First, looking forward to seeing your presentation before Urban. Um, but with the class 2 license from the licensing board, that is an annual license that they have to go before. It's not
something that the licensing board would reach out and call like like this is an annual thing that they have to come before the licensing board for. That's correct. there. Um they'll initially have to apply for a license for the first time at a hearing. Um there's then renewals. Um I believe the
licensing board is kind enough to send out notices to all the licences. Hey, you need to get your application in for renewal. Um don't miss this deadline. Um but it's a license. It's not a property right. It doesn't run with the property. Doesn't vest with the property. So every year um it could be subject to
non-renewal. And there's case law on that point that it's not a property right. If it's not renewed, that's that's the end of the story. If you're not complying with the rules of the licensing board and statute, um you don't keep your license. Right. So, if it property were to change hands, that owner would still have to go
before the licensing board to get that license every single year. That is correct. The license isn't transferable. It would have to a new a new just like with a liquor license application, a new license would have to be transferred um by voted license board to the to the new operator. Thank you. Thank you, Attorney Thank you, Mr. President.
Thank you, Councelor Villo. Anyone else? Councelor Obi. Oh, thank you, Mr. President. Um, as you mentioned, Attorney Faulk, this was at site plan. I was not able to attend, but I did get some notes about the meeting.
And I guess typically, I mean, this is a little different from a typical site plan and then us waiting for site plan to give us their opinions. Um, and I'm not sure how it's all going to work when the notes indicate that site plan was concerned with approving this because of
the encroachment on the state land. So, if we approve a special permit, but site plan doesn't approve a site plan, what happens? Um, and I I I appreciate you weren't at the meeting. The encroachment question
came up. Um, I gave essentially the same answer that I gave here that as a zoning matter and as a permitting matter, you know, from my perspective, it it's not relevant. I don't know that the site plan committee would have authority to to not grant site plan approval on that
basis if a special permit was was already granted. You could certainly talk to the legal department about that. Um the main concerns we heard at site plan pertain to u a striping plan um to show the spaces um and some level of of
improvements to the beautifification which um those are our we'll be providing you with a um a line plan of the site um and I think planters along the sidewalk would work well within the scope of what you know the tenants able to do. Was it your understanding that
you were going back to site plan or not until there was clarification whether there's a special permit? Um, site plan was looking to see a striping plan and updates from us before they gave comments. Um, we would we would likely go back to site plan for
formal review after the special permit. Okay. I'm just wait wondering how long we're waiting for site plan to do their work if they're expecting you to come back first and then they'll be giving us their opinion or their comments. Um so we'll we'll see
how long the process takes to get the information from site plan and then I can hold an urban affairs meeting and we can have discussion. Thank you. Thank you councelor Roby. Anyone else? Council Ver.
Thank you, Mr. President. So, right now, as a repair shop, they can put any old beaten up old cars on the right side of the facility. Correct. Um cars that are there for repairs. Yes. Right. And if we approve, if this goes through, they're going to have newer
cars, cars that are shiny trying to be sold. Correct. That's the plan. Cars for that would be for sale would be on the northern corner of the on the right side of the building. And there'll be planners out in front. Shiny cars and planters or cruddy cars that need to be repaired. Those are our
options. It's a it's a it's a fair summary. Thank you. Thank you, Mr. President. Thank you, Council Vital. Any other comments or questions from the counselors? Comments or questions from the counselors? Comments or questions from the counselors? Hearing none, I close that
portion of the public hearing and the entire public hearing. This matter is in urban affairs. Thank you very much. Councelor Naven move to adjurnn. Motion's been made and seconded to adjurnn. All those in favor opposed. We are adjourned at Steve just took my time
off. 9:21. Thank you everyone. Have a great evening.