Come on. Come on. Heat. Heat. Heat. Heat. Heat. Heat. N. Heat. Hey, Heat. Heat. Heat. down.
Heat. There you go. Heat. Heat. Yeah. Heat. Heat. Heat. Heat. Heat. Heat. Hey. Hey. Hey.
Yeah. Heat. There you go. Heat. Heat. down. Hey Heat. Heat. Heat. Heat. Heat. Heat.
Heat. Heat. Heat. Heat. Heat. Heat. Heat. Heat. N. Heat. Heat. N. Heat. Heat. people. will call the city council to order at
8:00 on Monday evening, January 12th, 2026. 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 and to the republic for which it stands, one nation
under God, indivisible, with liberty and justice for all. >> Thank you. Uh we have 22 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,
December 15, 2025. Council >> Mr. President, I make a motion to accept and file the minutes. >> Motion's made and seconded to accept and place on file the minutes. Any discussion on the motion? Seeing none, all those in favor? Oppose. Meeting minutes are filed and the vote is 110.
Agenda item two. >> Minutes of the city council organizational meeting January 5th, 2026. >> Council vital. >> Mr. President, I make a motion to accept and file the minutes. >> Motion's made and second to accept and place on file the minutes. Any discussion on the motion? Seeing none, all those in favor? Opposed? The meeting
minutes are filed and the vote is 11:0. Agenda item number three >> from city council president Osing the city council regular meeting schedule and city council committee assignments for the 2026 legislative year. >> Council Naven. >> Thank you Mr. President. Move to accept and place on file. >> Motion's made and second to accept and
place on file the schedule and the committee assignments. Any discussion on the motion? Seeing none, all those in favor? Opposed. The schedule and assignments are filed and the vote is 110. Agenda item number four. Communication from councilors Oing and Naven regarding
municipal aggregation December 2025 update. >> Councelor Naven. >> Thank you, Mr. President. Well, third quarter results are in from 2025 and it is good news again. Um residents who are participating in the municipal aggregation program have saved $190,787
in the third quarter. Um as everyone here is aware, the city's contract with First Point Power promises and provides 100% renewable energy. An important note that first um initial contract with First Point Power expired in November of 2025, had a rate of 14.15 cents per
kilowatt hour. Um the city under the president's leadership has entered into a new three-year contract with First Point Power um with a lower rate, which is 13.78 cents per kilowatt hour. Um that probably doesn't mean much to any of us. Um, however, if you do use a good
amount of electricity, you will see a lower bill on that side, on the distribution side, excuse me, on the supply side. U, the national grid winter rate and summer rates are out and, um, in quarter 4 and quarter 1, um, are both more than 15 cents per kilowatt hour.
So, we will see people who participate in this program will continue to see a savings. Since the program's inception, uh, residents in the city who have participated in this program have saved over $37 million. With that, I make a motion to accept and place on file the letter. >> Motion made and second to accept and
place on file the communication. Any discussion on the motion? Councelor M. >> Thank you, Mr. President. Um, if I'm new to the city and that's why I'm just asking um, and I bought a house, let's say, do I need to sign up for this or that's why I'm just doing this to get a public announcement. >> That's right. So the the colonial power
sweeps every quarter all the new residents and they automatically get put on they'll get notified that they're going onto the new program and then they then have the option if they don't want to uh be on our program and stay with National Grid they can do that as well. >> And why they wouldn't want to to save money is beyond me. But I just want to
make sure residents know that you're kind of automatic unless you don't want to save money then you can go to whoever you wish. >> It may come as a surprise but we have almost 2 to 3,000 people that have not switched it but that's their call. Well, let's hope that'll get out there and people will switch.
>> We try. >> Thank you, Mr. President. >> Thank you, council. >> Thank you all. Any any other discussion on the motion to accept and place on file communication? Hearing none. All those in favor? Opposed? Communication is filed and the vote is 110. Agenda item number five, >> communication from the mayor regarding
grant acceptance for 30 Dell Pro 14 laptops, a charging cart, braille keyboard, a vertical mouse, and a track ball mouse from the Massachusetts Broadband Institute awarded to the public library to be added to the libraryies collection for resident use. Councelor Irish. >> Uh, thank you, Mr. President. Motion to
approve the grant, please. >> Motion's made and seconded to approve the grant. Any discussion on the motion? None. All those in favor? Opposed? The grant is approved. The vote is 110. Agenda item number six, >> communication from the mayor got grant acceptance in the amount of $23,000 from
the Massachusetts Clean Water Trust awarded to the Department of Public Works to be used for improved cyber security to strengthen the supervisory control and data acquisition systems at the Cedar Hill Pumping St. Pumping Station and standby facility. >> Council Irish. >> Hey, Mr. President. Motion to approve the grant, please.
>> Motion's been made and seconded to approve the grant. Any discussion on the motion? Councelor Ducet. Thank you very much, Mr. President. Um, I spent part of my career with um, security systems for SCADA systems and other types of exotic stuff that doesn't
run Windows or Macintosh operating systems. Um, this is a very low-key grant. We appreciate I appreciate, you know, getting this money because this is an important part of the infrastructure that needs to be monitored effectively to deliver what we take for granted. So,
great job. Thank you. >> Thank you, Council Ducet. Any other comments from the counselors? Hearing none. All those in favor of the approval? Opposed. Grant is approved. The vote is 11:0. Agenda item number seven. >> Communication from the mayor regarding the appointment of Judy McDonald to the
Council on Aging for a 4-year term to expire on May 6th, 2030. >> Council or. >> Thank you, Mr. President. Motion to refer to the personnel committee. >> Motion's made and seconded to refer to the personnel committee. Any discussion on the motion? Seeing none, all those in favor? Opposed? The items going to
personnel and the vote is 11:0. Agenda item number eight, >> communication from the mayor regarding the reappointment of Raymond Maggie to the Council on Aging for a 4-year term to expire on May 6th, 2030. >> Council Orum. >> Thank you, Mr. President. I know this is a reappointment, but I think it's important as councilors that we meet uh
people that are on these committees. We don't see them all the time. So, I'm going to motion to refer this one to the personnel committee. >> Motion's made in second to refer to the personnel committee. Any discussion on the motion? Seeing none, all those in favor? Opposed? Motion carries and the vote is 11:0 going to personnel. Agenda
item number nine, >> communication from the mayor regarding proposed salary ordinance amendment pursuant to chapter 125 personnel section six salary schedule relative to the position of city solicitor. >> Councelor Irish. >> Thank you, Mr. President. Motion to refer to the finance committee, please. >> Motion's made and seconded to refer to
the finance committee. Any discussion on the motion? Seeing none, all those in favor? Opposed? The items go into finance and the vote is 110. Agenda item number 10, >> communication from the mayor regarding proposed salary ordinance amendment pursuant to chapter 125 personnel section six salary schedule relative to
the position of assistant fire chief council Irish. >> Thank you Mr. President. Motion to refer to the finance committee please. >> Motion's made and seconded to refer to the finance committee. Any discussion on the motion? Seeing none. All those in favor opposed. It's going to finance and the vote is
110. Agenda item number 11, certification from Ward 4 counselor Heather Gould as required under Massachusetts General Law, chapter 39, section 23D, the Mullen rule regarding the application for a special permit from Attorney Jamm Cashman on behalf of JC Residential and Light Commercial
Light Commercial LLC for outdoor storage as an accessory you as an accessory use for the warehouse located at 1000 Dickerson Road, order number 25-100 9540C. Council Gold. Motion to accept and place on file. >> Motion's made and seconded to accept and
place on file. Any discussion on the motion? Hearing none. All those in favor? Opposed? Motion carries. It's filed and the vote is 110. Agenda item number 12. Certification from W force counselor Heather Gould as required under Massachusetts
general law chapter 39 section 23D. The Mullen rule regarding the application for a special permit from Lifestyle Fit LLC, athletics for a proposed gym for physical fitness classes, team strength and performance training, fitness education, nutrition, nutrition, education and training, and the sale of
related fitness clothing and merchandise to be in an existing building at 214 Cedar Hill Street. Order number 25-100 9581B. Council Gold. >> Motion to accept and place on file. >> Motion's made and second to accept and place on file. Any discussion on the
motion? Seeing none, all those in favor? Opposed? Motion carries and the vote is 110. Agenda item >> 13, >> certification from W 7, Council Matthew Sergeant as required under Massachusetts General Law, Chapter 39, section 23D,
the Mullen rule regarding the application for a special permit from Attorney Gemma Cashman on behalf of JC Residential and Light Commercial LLC for outdoor storage as an accessory use for the warehouse located at 1000 Nickersonson Road, order number 25-100 9540C.
>> Councelor Sergeant. >> Thank you, Mr. President. Uh, make a motion to accept and place on file. Motion's made and seconded to accept and place on file. Any discussion on the motion? Seeing none, all those in favor? Opposed? The items filed and the vote is 11-0. Item 14,
>> certification from award 7 counselor Matthew Sergeant as required under Massachusetts General Law, chapter 39, section 23D, the Mullen rule, regarding the application for a special permit from Lifestyle Fit LLC for a proposed gym for physical fitness classes, team strength and performance training, fitness education, nutrition, education,
and training, and the sale of related fitness clothing and merchandise to be in an existing building at 214 Cedar Hill Street, order number 25-100 9581B. >> Council Sergeant. >> Thank you, Mr. President. Uh make a motion to accept and place on file. >> Motion's made in second to accept and place on file. Any discussion on the
motion? Hearing none. All those in favor? Opposed? Motion carries. It's filed and the vote is 110. Agenda item 15, >> communication from solicitor Jason Gfield regarding approval of a home rule petition relative to the procedure for layout and acceptance of subdivision
roads chapter 85 of the acts of 2025. >> Council Fillo. >> Thank you, Mr. President. Move to accept and place on file the communication. Motion's made and 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 110. Agenda item 16. Communication from solicitor Jason Gfield regarding the application for a special permit from Lifestyle Fit LLC for a proposed gym for physical fitness classes, team strength and performance training, fitness education, nutrition education and
training and the sale of related fitness clothing and merchandise to be in an existing building at 214 Cedar Hill Street in proper legal form order number 25-100 9581B. Councelor Roi. >> Thank you, Mr. President. Move to accept and place on file the communication and
move the special permit documents to reports. >> Motion's made and second to accept and place on file the communication and move this item to reports of committees. Any discussion on the motion? Seeing none, all those in favor opposed. Motion carries. This is filed and we'll be
moving to the reports of committee section of our agenda. Vote is 110. Agenda item 17, >> communication from solicitor Jason Gfield regarding application for a special permit from attorney Gemma Cashman on behalf of JC Residential and Light Commercial LLC for outdoor storage as an accessory use for a warehouse to
be located at 1000 Nickersonson Road in proper legal form order number 25-100 9540C. Councelor Roi. >> Thank you, Mr. President. I move to accept and place on file the communication from the solicitor and move the special permit to agenda item 22. Motion's made in second to accept
and place on file the communication and move this item down to agenda item number 22. Any discussion on the motion? Seeing none, all those in favor? Opposed? Motion carries. This has been filed and will be moved on to agenda item number 22 and the vote is 110.
Agenda item 18. >> Communication from the Massachusetts School Building Authority regarding approval of Richard Elementary School project preferred schematic. >> Councelor Roi. >> Thank you, Mr. President. So this is the official document that I had uh mentioned in a report at the last
meeting. So move to accept and place on file. >> Motion's made and second to accept and place on file the communication. Any discussion on the motion? Seeing none, all those in favor? Opposed? Motion carries. The communication is filed and the vote is 110. Agenda item 19.
>> Minutes of boards, commissions, and committees. >> Mr. President, >> councelor Ducet. >> Thank you very much, Mr. President. Motion to accept and place on file the minutes of the boards, commissions, and committees. >> Motion's made and second to accept and place on file the minutes. Any discussion on the motion? Seeing none, all those in favor? Opposed. The minutes
are filed and the vote is 110. Agenda item number 20, >> claims. >> Councelor Naven. >> Thank you, Mr. President. Move to refer the claims to the legal department. >> Motion's made and seconded to refer the claims to the legal department. Any discussion on the motion? Seeing none,
all those in favor? opposed. Motion carries. The claims are going to legal and the vote is 110. Reports of committees council. >> Thank you, Mr. President. I think it's not usual to have a report this early,
but I do thank the members for indulging me in asking for a committee meeting on December 22nd to take up order number 251009581, the special permit application for lifestyle fit LLC doing business as FRVR
Athletics for proposed gym for physical fitness classes, team strength and performance, fitness education, nutrition education, training, and the sale of related fitness clothing and merchandise to be located at 214 Cedar Hill Street. We
called the meeting to order at 7:11 and welcome the petitioner. We had no comments from the petitioner. I read through the comments from the department heads were basically no comments. Um went through the draft special permit
which did not have conditions. So we added conditions during the discussion. I will not go through them because they will be read when the special permit is read. Um the only thing I will say is
that the question there's no second page on this. Sorry. There was a question whether the health department needed to have anything and there's nothing in the special permit. So that was not uh part of this at all.
So I'm going to move to uh sus well this was voted I believe it was voted in favor by one two three four with councelor Naven being absent. So four in favor I'm going to move the
recommendation of committee which was to approve and ask for a suspension to vote on this this evening >> and a motion made and seconded by the chair for suspension of the rules. All those in favor of the suspension opposed. Suspension carries. The vote is 11-0. Council Roby
>> move the recommendation of committee which is to approve the special permit for Lifestyle Fit LLC. >> Motion made and seconded to approve the special permit for Lifestyle LLC. I get that right.
Any discussion on the motion? Hearing none, I'll ask the clerk to please read the conditions. The city council pursuant to its authority under Massachusetts general law chapter 48 and the Malber zoning ordinance grants the applicant a special permit for a gym with physical fitness classes and training at the site subject to the following conditions. Which condition
shall be binding on the applicant it successors and/or assigns? One, compliance with building regulations. Buildout and modification of the site to be occupied shall be in accordance with all applicable building codes and zoning regulations in effect in the city of Auburn, the Commonwealth of Massachusetts. No use of the site shall be made pursuant to the special permit
unless and until a certificate of occupancy is obtained for the use from the building commissioner. Two, compliance with local, state, and federal laws. The applicant agrees to comply with all rules and regulations and ordinances of the city of Malro, Commonwealth of Massachusetts, and the federal, excuse me, and the federal government as they may apply to the
construction, maintenance, and operation of the applicants use at the site as supplemented by applicable conditions of this special permit. Three, incorporation of plans and drawings. All terms, conditions, requirements, approvals, plans, and drawings provided by the applicant as part of this special permit application and as amended during
the application hearing process for the city council and or city council's urban affairs committee, including the site plan as hearing incorporated into and become part of the special permit and become conditions and requirements of the same unless otherwise altered by the city council. Four, compliance of signs with sign ordinance. All signage installed at the site shall comply with the city of Malbor sign ordinance
without variance. Five, hours. The maximum hours of operation of the youth shall be Monday through Sunday 5:00 a.m. to 9:00 p.m. Six, parking. Parking for the youth shall be consistent with the off streetet parking plan as shown in the site plan in accordance with section 65048 of zoning ordinance with the
applicant having access to spots labeled 1 to1 13 and the applicant is not procluded from using the other labeled off streetet parking spots shown on the site plan subject to any limitations that may exist for use by other tenants of the building. And finally, seven, recording of decision in accordance with
the provisions of master general law, chapter 48, section 11. The applicant the applicant at successes and/or assigns at its expense shall record this special permit with the Middle Sex South Registry of Deeds after the city clerk has certified that the 20-day appeal period for appealing the special permit has elapsed with no appeal having been
filed. 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. >> Councilors, you've heard the heard the conditions. Any further discussions on the special permit? Hearing none, a yes vote is to approve
the special permit. I will ask the clerk to please call the role. >> Councelor Rosing, >> yes. >> Councelor Irish, >> yes. >> Councelor Fuchillo, >> yes. >> Councelor Ducet, >> yes. >> Councelor Vital, >> yes. >> Councelor Roby, >> yes. >> Councelor Sergeant, >> yes. >> Councelor Gould,
>> yes. >> Councelor Presiato, >> yes. >> Councelor Oram, >> yes. >> And councelor Naven, >> yes. The vote was 11 in favor, none opposed to approve the special permit for the gym at 214 Cedar Hill Street. So, the
special permit is approved. Any other reports of committees? Seeing none, we'll move on. Agenda item number 21. >> Order number 25-100 9415A. proposed change to the city charter relative to section 59A for filling vacancies in the
office of mayor and city council. Recommendation of the legislative and legal affairs committee is to approve. >> Council Haven. >> Thank you, Mr. President. Move to postpone until the January 26th meeting. >> Motion made and seconded to postpone until our January 22nd meeting. Any discussion on the motion? Seeing none,
all those in favor? Opposed. The motion carries. This item will be postponed and be placed on our January 22nd meeting. The vote was 110. Agenda item number 22. >> Order number 25-1009540C. Special permit application from attorney Jeremy Cashman on behalf of JC
Residential and Light Commercial LLC for outdoor storage as an accessory use for the warehouse located at 1000 Nickerson Road. Recommendation of the urban affairs committee is to approve as amended. >> Councelor Roi. >> Thank you, Mr. President. I'm going to move the recommendation of committee
which was approved 2 to1 with myself voting against. I don't know. Do I need to wait to speak on this until after he's read the conditions and you ask if there's any further discussion? >> So motion's made and seconded to approve the special permit. Councelor Roby.
>> Thank you. Um as I stated, this was approved two to one in committee. So absent from the committee were two members. Um as part of the discussion at the committee meeting, I did u bring up the recordings that were sent out to
members. I know we have two new members, so I don't know if they were actually sent the recordings that were found um related to the 2005 discussion on this item. I know there was lengthy discussion at the meeting. So hopefully
people did get a chance to either review the actual uh committee meeting and also to review uh I just want to sort of bring up to me why you would vote yes. Why would you
vote no on this? For me, it's important to hold the history of the 2005 council who took a no on outdoor storage in LI for any outdoor storage and turned it
into a very specific use for outdoor storage. Not for anybody in Li, but for a very specific type of use. If we now allow outdoor storage for this particular
petitioner, we will then have to allow or I would say if we don't allow future requests, we'll go to court. Um, if we do allow this, I think the sense of money comes into play. And for me,
it's not about the money. It's about keeping intact what a previous council chose to do. So, I just want to make those two points um before the vote is taken. Thank you.
>> Council Naven, could I ask you to take the chair, please? Any other counselors wish to speak? >> Mr. President, >> councelor Rosing. >> Thank you, Mr. President. Um, so councelor Roby and I have just a
disagreement. I am the only counselor that was there in 2005 and don't necessarily share councelor Roy's view of how limiting this particular item is. So, I put together just a couple of quick slides to show you. If I could ask the clerk to just go through them real
quick. First one >> it's coming. >> Come on. You can do it. >> It's coming. I think maybe not. Just one long draw out. >> Just does not want to. >> Well, I I'll talk to >> I promise it's working. It's just
>> Oh, I'll talk to it while it's working. So, we have So, this item was done in 2005. We haven't had anyone in 20 years asked to use the what I call what's allowed by the uh zoning or owners. And
the issue comes down to the word and. We've had two building commissioners who are our zoning officer that have said it's appropriate. It's okay to do. All right. The solicitor has said this comes down to the word and. And as council
Roby says, it depends how you interpret the word and. And the solicitor will tell you that it most likely if it if it does go to court, the courts are probably going to side with the zoning officer. They hold the legal
opinion and they would rely on that opinion. Right? The parking area where this storage is taking place, you cannot see it from the street. All right? There's no residents around. There's no one no one's going to see it. And I and
I'll talk to my counselor or outstanding point. Fill vacant office buildings. Right. Think about it for a moment. If we were to say no and people were to ask you why you're going to say no, we turned away a business because of the
word and. Right? Let me remind you of the tax bills that just went out. they were pretty healthy in a lot of cases. All right. So to turn away an existing
um development or business to come into the city, I think sends a wrong message and I would have trouble looking to my residents saying why why the council didn't approve it. So, I think it's extremely important because we are going to look extremely foolish if we don't
approve the special permit. So, I would encourage my fellow counselors to support this. And the best point the solicitor made was if we don't like the rule or we have that ambiguity,
let's go change it. We we we have the power. If we don't want to do it, change the regulations. But to not let this one go through, I think does the business a disservice. Do what does our residents a disservice and I would hope the councils support it. And council Roby, if you
really feel that strongly about it, let's change it. I mean, change it. Just say we're not going to do it. And that that shouldn't be a problem. And every I'm assuming you don't like it. I mean, this one you can't see. I can't get over I can't impress upon the councils
enough. You cannot see this particular facility. you will not see where the outdoor storage is. It has absolutely no bearing on anyone. And we're going to bring in revenue, a good company, and say tell the residents we don't want to
do that. I I just I'm I understand council Rob's position on it, but just not I'm just not there. I've stalled as long as I can. >> I can't show I can't show I can't show
you all the pictures. My apologies. Um, we'll give him one more second. Otherwise, I'm going back to the safe spot. >> There we go. >> There we go. >> Okay. >> All right. So, okay. So, this is the
picture from Stitch This. We're on Route 20 in Hayes Memorial. You're looking up to the building. All right. You see all the pine trees and this is in the dead of winter when all the growth isn't even there. All right. You can't see the parking lot. Next. Next one. Steve. This
is from Hayes Memorial. Again, trees are there. Growth's not there, but you can see the parking lot. And I'll remind you, the permit says they're going to put up a 12ft fence to provide additional screening. A little bit of overkill, but it's on part of the permit, which is okay. Next one, Steve.
Actually, next got skip to two. Ah, he's lost it. There we go. One more. So, this is in front of the building. This is councelor Oram's part at the tax hearing. Fill vacant office space. All right. And to say we're not going to do
that because of the word and no. I mean, let's we'll let's fix the ordinance if if it's that big of a deal. But this one is inconsequential. Last slide, Steve. Uh, well, that's just a picture of the parking lot. I mean,
nothing's going to be there other than equipment that's going to be fenced in. So, why should we approve it? Fills vacant commercial space, right? City needs revenue. Change the zoning if there's an interpretation issue. We can do that. Totally within our power. It's the second time in 20 years someone's
used the ordinance. So, I don't think there's a rush to go put outdoor storage in limited industrial. And if there is, let's go change it. All right. You're not going to be able to see the outdoor storage. The special permit requires fencing.
There will be an addition to the natural screening from the trees. And again, my my opinion, we're going to look foolish if we don't approve it. >> Thank you, Mr. President. >> Thank you, Council Harrison. Any other comments or questions from the city council? Council Ducet.
>> Thank you very much, Mr. President. Um, I will also be supporting this. Um, you know, when we talk about outdoor storage for industry, even light industry, we're not talking about contractor yards and stuff like that, right? Um, this is
basically um industrial outdoor heat HVAC compressors that are going to be stored there. They're designed to be out in the elements. you know, if they're going to be worked on, they're going to be brought in to get worked on. They're going to be put back out. So, the the
number of businesses that require outdoor storage is becoming less and less because of the way technology has evolved, you know. So, you know, I think that we now have it under control to the to the level of they have to do the special permit to get the storage. We have to put constraints in. I think
that's a reasonable way to control it at this point. Um, if anything has been demonstrated, which I agree with President Osen about, is if we need to change this to make it clarified, I think we should for future businesses. But for now, I think this is perfectly
fine and we should we shouldn't penalize the business because of our mistakes. Thank you. >> Thank you, Council Detler. >> Thank you, Mr. President. And thank you for all those compliments. I almost uh was in shock. But anyways, um I do agree with you on
this one. Um we're setting a precedent. No hands or butts about it. I work in the regulatory field and sometimes we end up doing that when we meet with the boards that I deal with. But I think the main concern here or the main subject is
the finding of facts. and someone else may come in with the same type of situation where they're not near neighbors, where they're pretty much out in the commercial industrial, I would support them too because in my view, under the finding of facts B, the use at
the site is an appropriate use and in harmony with the general purpose and intent of the zoning ordinance. Yes, we are making setting a precedent for certain conditions, but I don't have a problem with that based on exactly what you said. We need
to attract more commercial industrial, but also if someone else comes in with the same thing, I would not have a problem voting on it because they're not abudding neighbors and people that residential, I'll say. So, I will be in favor of this as well. Thank you.
>> Thank you, councilor. Councelor Fill. >> Thank you, Mr. President. I uh just a couple quick points. Um I I agree with my colleagues, Council Ducet, Council War, Mr. President. Um I will be in support of this. I was in support of it in in committee as well. Um for a number of reasons, but first and foremost is
that this body, we have taken every special permit and zoning change on a case-byase basis, and we'll continue to do that. Like councelor Orm was just saying, if somebody else comes in and it's in a different location, which again, no residential abutters in this area, this is totally in harmony um with
the zoning of of the site. And I I pride ourselves on taking these cases fairly and treating every business on their own merits. So, hit the nail right on the head. Um, another thing just to, you know, emphasize again, filling a vacant office space, turning the site into a
stronger revenue source for the city is so critical. I know my inbox is blowing up about tax bills right now. I have tons of residents who are reaching out. They have concerns. They're filing abatements. It's important that we make sure that we are bringing in a strong line of revenue. And when we can do it in a commercial way like this, that is
fantastic for the city. And the last thing, Mr. President, you touched on this, but I think it really needs to be hammered home. The building commissioner is the zoning officer of the city, and they're giving us the green light here, right? They're saying that outdoor storage is an accessory use that's permissible in LI. Not only that, but
the solicitor said it could go either way. The interpretation of and right, there is nothing legally binding that's going to get us caught up other than we're not going to look good if this goes to court for a denial, I should say. Um because the solicitor and the building commissioner have given us the
green light here. So, I'm absolutely in support of this and look forward to to approving it. Thank you, Mr. President. >> Thank you, Councelor Fillo. Any other comments from the city councilors? >> Council Roby, >> thank you. I I don't want to really belabor this and I know if you've made up your mind, you've made up your mind,
but I would just like to comment back on two things. Yes, we can approve this and then we can change it going forward. But if we approve this tonight, there's no reason to change it going forward because we've already approved something that clearly says and means the two
things together, not the two things separate, which is what the anybody voting for this is saying. They're two separate things. So, we've done it once. We'll continue to do it in the future. I will also say the second reason you're doing this to approve it is the money
piece. And I would argue that when this was requested to go to this site when they move when they asked to go there, they should have known that they needed space for the things that they're going to be building. And when they found out
that they didn't have enough space, they found a way to now put things outdoors because we had a potential language in there. Um, and yes, we might get sued if we deny this. Um, my my guess is this is
going to go through, but I think it's important to think about what the city solicitor said in that yes, the building commissioner said they could do it, but we need to give the special permit and we're the
special permit granting authority and if we deny it, we have that right. Um, so we take our chances anytime we deny a special permit as we've found in the past that it happens that we get taken to court. So the threat of being taken
to court isn't relevant to me. And I think the fact that they chose to go to a site where they didn't have enough room isn't really our problem. It's the person who then built out the space and then they said, "Oh, but now we
don't have enough room to store the stuff that we really need to do what we do as a business." So, um, >> thank you, Council Roby. Any other comments or questions? Hearing none, I will ask the clerk to please read the conditions. The city
council, pursuant to its authority on the Massachusetts General Law, chapter 48 in the zoning ordinance, grants the applicant a special permit for outdoor storage as an accessory use at the site as shown on the plan subject to the following conditions. Which condition shall be binding on the applicant and successors 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 Malbor and the Commonwealth of Massachusetts and shall be built according to the plan. Two, site plan review. The issuance of this of the the special permit is further subject to detailed site plan review by
the site plan review committee in accordance with the city of Marbor site plan review ordinance. Any additional changes, alterations, modifications or amendments as required during the process of site plan review shall be ver further conditions of the use subsequent site plan review shall be consistent with the conditions of the special permit and the plan submitted reviewed
and approved by the city council as a special permit grating authority. Three, modification of plans. Notwithstanding conditions one and two, 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, alter traffic flow, or increase the size of the building, all as shown in the plans. Any modifications of the conditions of this special permit or the use as approved herein shall first require modification of this special permit for compliance with applicable laws. The applicant shall comply with all applicable municipal, state, and federal rules, regulations,
and ordinances, as they may apply to the construction, maintenance, and operation of the project and the use at the site, including without limitation compliance with local conservation commission orders, the Massachusetts Environmental Policy Act, and the state building code. Five, 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 or city council urban affairs committee are here and incorporated into and become part of the special permit conditions and requirements of the same less otherwise altered by the city council. Six,
fencing. In accordance with section 65018A26 of the zoning ordinance, the applicant shall install solid fencing to screen areas of the site used for the for the storage of equipment and materials from the street and adjacent properties and shall maintain the fencing in good repair. The fencing shall comply with the requirements of
all applicable city ordinances and will require a fence permit from the building department. Seven, signs. Signage at the site shall comply with city sign ordinance. Eight, 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. Nine, water supply protection district.
Applicant shall comply with all requirements of the city's water protection water supply protection district section 65024 zoning ordinance as applicable and this decision does not does not authorize any exception to the prohibitions on uses and requirements of said ordinance. And finally 10 recording
of decision in accordance with the provisions of Massachusetts General Law Chapter 48 section 11. and 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 with no appeal having been filed and before the applicants applied to the building commissioner for a building
permit. Upon recording the applicant shall forth with provide a copy of the recorded special per permit to the city council office, the building department and the city solicitor's office. >> Thank you, Mr. Clerk. Okay, you've heard all the conditions. Is there any further discussion on the special permit? Hearing none, a yes vote is to approve
the special permit. I will ask the clerk to please call the role. >> Councelor Vital, >> yes. >> Councelor Puchillo, >> yes. >> Councelor Irish, >> yes. >> Councelor Ducet, >> yes. >> Councelor Oing, >> yes. >> Councelor Sergeant, >> yes. >> Councelor Orum,
>> yes. >> Councelor Naven, >> yes. >> Councelor Gould, >> yes. >> Councelor Roby, >> Council Presiato, >> yes. >> Ten closer. The special permit is approved by a vote
of 10 in favor, one opposed. Council Naven. >> Thank you, Mr. President. Move to adjurnn. >> Motions made and seconded to adjurnn. All those in favor opposed. We are adjourned at 8:38. Thank you everyone. Have a wonderful evening.