the Time is 7:15 p.m. and I'm calling the city council legislative and legal affairs committee meeting to order. We have one item on our agenda. Order number 25-10009598.
Communication from Mayor Dumis with proposed license to encroach between BMA Electric and the city of Malro for a proposed deck and ramp that slightly encroaches on city property at the back of the building at 269 Mechanic Street
adjoining the rail trail. Uh we received a communication that was from our city engineer Tom Depersio um dated November 10th, 2025. As a part of their renovation and reuse
of the existing property at 269 Mechanic Street, the new owners of VMA Electric intend to use a deck and ramp on the rear of the building as a secondary entrance/ egress because the property line runs along the rear of the building. The deck and ramp will
encroach onto the city's abuing rail trail property. A license agreement has been drafted granting VMA the rights to encroach onto this public property with the deck and ramp. I have reviewed the license documents as to the location and
dimensions of the encroachment and the legal department has reviewed them as to proper form. I am respectfully requesting that the city grant the license. Please contact me with any questions. Was from Tom Deersio, our
city engineer. Um, so I feel like the city engineers letter really outlines what this is about and so I will open um this up for discussion from the committee. Any discussion?
Councelor Roby. Thank you, Madam Chair. I don't have an issue granting the license to encroach. I wish, however, that the applicant had come to get the license before building the ramp. The ramp is in place. Um, I assume it had a permit. I hope it had a permit. Um, but
the fact that it was done first and then this request comes to us now um is a little upsetting. But I would move to approve the uh license agreement between BMA Electric and the
city to encroach. Thank you, Councelor Roby. Um, I will second that motion. And is there any further discussion? >> Councelor Vital, >> just just to um add on to what councelor
Roby says, I went down there and looked at it as well. They did a phenomenal job on the ramp itself. It's a nice piece of of uh of work. You know, it's a it does doesn't look crappy at all. It looks actually quite nice. And I'm told that there's that location may be coming back
to this body for future endeavors utilizing that ramp. So I would also would support the uh the use of that. >> Thank you councelor Vital. Um I also share the sentiment of you know putting the cart before the horse and in this situation it seems like we are fortunate
that it it does look very nice. I agree. So um with that the motion has been made and seconded. All those in favor? Three in favor? None opposed? Motion carries. Three nothing. I'll entertain another
motion. Councelor Fchillo. >> Thank you, Madam Chair. Motion to adjurnn. >> Motion has been made and seconded to adjurnn. All those in favor. Three. Four. None opposed. The meeting is adjourned at 7:18 p.m. Good evening. I'm going to call the city
council urban affairs committee meeting to order. It's Monday, December 1st at 7:30. We have one item on our agenda. Order number 25100 9513, an application for a special permit from attorney Faulk on behalf of First Choice Auto to modify
the pre-existing non-conforming auto repair use by adding automobile sale as an accessory use at the property located at 229 Maple Street uh which expires December 17th, 2025. Attorney Faulk, you are present. You have your applicants with you if you
would like to open with any comments you have. I know we have a lot of department head comments and information from you. >> Thank you councelor Roby. Um and coun committee members for the record. Uh Brian Font Street in Worcester here on
behalf of the applicant first choice auto services. Um with me are owners uh David Henriquez and Analy Pina. David and Analy are tenants at the site looking to grow their small business in Malbor after being here for uh almost three years. So, we're seeking a special
permit to add accessory auto sales um to the existing auto repair shop. Um this would be accessory to the principal auto repair um use. Um looking to add between three to five cars that would be on display. Replacing cars are there uh for
repair purposes. Um and again, it would be accessory. The business will still be auto repair. They'll just have auto sales as a component of the business like many um auto shops um do in Malbor. Um we're in the commercial automotive zoning district along Maple Street where
auto repair and sales are allowed by right. Um our property happens to be pre-existing non-conforming in a couple of different categories which is why we need this special permit um to add auto sales as an accessory use. Um we had our public hearing back on August 18th. No
one spoke in opposition at the hearing um from the public. Um based on questions that we received at the hearing and from some department heads, we filed an updated site plan um which is a striping plan showing roughly where um we would have um cars on the site. Um
you should have that in your packet before you um behind the draft special permit decision um that I submitted. Um so the striping plan would work where on the it's the right side of the plan. And this would be the northeast corner. Um that's where we would have the cars that
are on on display um cars for sale. Um we've added a few um line spaces for customer parking and for employee parking. And then in the back, which would be the left back left of the plan um which is the southwest portion of the
site, um that's where we'd have cars that are parked there um for repair purposes. not customers coming in and out but cars that we've parked there because they're at some point in the process of being repaired. Um so this would be you know an organization to the
site in terms of what cars are where um present. Um in addition to the striping plan I submitted a draft special permit decision. Um I dropped off on your desk tonight a redline version of what I had originally filed. Um the redline edits
show um requested changes to the conditions and new conditions that were requested by department heads. Um there were some emails that went around as councilor Roby referenced from department heads asking for some additional conditions or some changes to the conditions. So that's what you see there in red line. What and all the all
the changes are on page four of the draft decision if you're hunting around. Um what's highlighted in yellow are some additional edits that we um suggested um beyond what the department heads had put down. So I can go through that with you um shortly. Um but highlighting some of
the conditions that are specific to the use. Um first is the number um this would have a limit of no more than five cars for sale but also no more than 20 cars on site at any given time. um including all cars, customer cars, cars
for repair, cars for sale. Um right now the site is not subject to that limitation or any limitation on the number of cars. So this would be an enforcement mechanism for the city um with this site that's not presently there. The special permit would allow for that. So if there's one more car
than supposed to be there, um there's a zoning violation um that the applicant would have to address. Um and currently that's not um not in place. Um, another condition I want to talk to you about is um, planters. We had talked about at the
hearing. Um, can we do more to improve the aesthetics at the site to green the site? Um, we're we're tenants at this site. Um, there's not much we can really do with the existing lot coverage without consent from our landlord. Um, but we thought would work is put some planters along the sidewalk. Um, and so
this condition requires that. The number and and um, location is to be determined at site plan review. Um but the condition requires that we have these planters with some evergreen and flowering plants and we think that'll go a long way to making the site look look a lot better. Um one thing some
department heads had asked for was some fencing um where um near the car storage area. We looked into it and we thought about it and we really don't think that's practical given how small this site is. I know that's something the council has added to some other sites that had come in for special permits in
this area, much larger sites that had room for it. We don't think that's practical. Um, but we think with the planters and we added language to the condition on planters that in addition to improving the aesthetics of the site, the planters are designed to provide some level of screening for the existing cars on site. So, we can work with the
site plan committee in terms of the best positioning of the planters that we do have control over as tenants. Um, another item that um department has had asked about was drainage improvements at the site. Um and and again as tenants there's not a whole lot we can do
without our landlord's consent. Um drainage improvements to the site we think would be significant challenge and and might go beyond the scope of what we're looking for which is to replace a few cars that are for repair with cars that are for sale. Um but we did add language a condition um that we have to
work with the city engineer on options to improve drainage at the site. You know within within our limitations as a tenant. Um we we're recognizing that that is an issue. Um but you know we're trying to work within what we're able to do as tenants u within the scope of this
um small change in use. Um finally there's a condition it doesn't need to be there but it's there for reference which is that we have to comply with we have to obtain and comply with a class 2 auto sales license from the city's licensing board. Um currently we have no
reason to go before the licensing board um as an auto repair shop but we would as an auto sales operation. and we need an annual class 2 license um from the licensing board. Um so that's really the city's ultimate in enforcement. Um we have to go in for an annual license. Um
if we're not doing what we're supposed to be doing, we're not complying with the special permit, we're not running a good shop, the license could be revoked. Um it could be um subject to non-renewal. Um so many times the council sees a special permit application and that's the last the
council hears of it. If conditions aren't complied with, it's up to the building commissioner to seek uh zoning enforcement and go through that process. Here, you've got a builtin um show us how you're doing every single year um because of the class 2 auto sales license, which will be required so long
as we're doing any level of sales at the site. Um so, that's the draft um decision um and conditions. Happy to address your questions and thank you for your time. >> Fine. Thank you, Attorney Fox. So, I know some of this will be repetitive because you did just go through this, but I want to read through the comments
that we did receive from the department head. Starting with William Payton, the building commissioner. The site plan seems to have a discrepancy regarding customer spaces. The table calls for six customer spaces, but only two are shown. Not sure if the cars in service storage
area will house the other six. Maybe that area should be delineated a little clearer. The special calls for no more than 20 vehicles at any given time are vehicles that may be in servicebased part of that count. It does not seem that 20 vehicles would fit on the site
itself. And from Priscilla Ryder, conservation sustainability officer, I have reviewed the draft special permit and plans for 299 Maple Street First Choice Auto and have the following comments. Conditions for special permit. I have three suggested changes. Number
one, vehicle on site. The applicant should not display more than five vehicles for sale on the site at any given time inclusive of vehicles for sale. The applicant shall not have more than 20 vehicles on the site at any given time unless through the site plan review process. It has been determined
that only a smaller number of vehicles can fit on the site in which case the smaller number of vehicles will be the maximum allowed. Number two, drainage. The applicant shall install drainage improvements on the site as feasible to capture contaminants from the site before they discharge into the street
drainage system or adjacent wetland. Specific improvements and location to be determined during the site plan review process. Three, screening the car service area shall be screened from Maple Street with appropriate fencing to be determined during the site plan review process. The site plan reviews
committee's next meeting is on December 11th, which may be too late for us to meet to discuss this given the December 17th deadline, so we can work through the final details on the plans for the site plan review process after the city council has issued the special permit. Plans will need to be updated during the
site plan review process to include the location of the planters to be installed to ensure there's enough room for planters and cars to be parked as shown. Screening of the car service areas from the street should be shown as we have required at 418 Maple Street.
C 20 vehicles are maximum. Can the plan show striped areas how 20 vehicles will fit? It's not clear from this plan if this is feasible and final car number should be determined by adequate striping to make this determination. Look for some drainage improvements on the site as this is a high pollutant
load type of business. And from Thomas Deersio the city engineer my general comment on this proposal is that I cannot recommend modifying the pre-existing non-conforming use by adding an auto sales use on this property due to the following. There are documented building
and pavement encroaches onto the abuing state property. While this is not a city matter, I feel it should be rectified before the uses of the property are expanded. If the offsite paved areas are accounted for, the lot coverage on this property is 100%. We would look for
reduction in lot coverage as part of the special permit, but any reduction would make the addition of auto sales use very difficult, if not impossible. access to and from the property is very limited. So adding another use that involves additional customers could be problematic from a safety standpoint.
If approved, I concur with Bills and Priscilla's comments on the draft decision. So before I go through the draft decision that um Attorney Faulk has provided with the red lines, does anybody have any
questions? Councelor Ducet. >> Thank you. Thank you very much, Madam Chair. I overall support this uh proposal. I think providing us at least some ability to put some teeth into an area that's not necessarily well uh man
controlled um would be beneficial to the city. Um I think the issue is the number of uh total cars parked there. Um, I'd rather have it the the wording be more clear that the final number would be
agreed between um the applicant and site plan review, you know, whatever the final number may be, you know, instead of just arguing about whether or not it's 2019 at this point. Just that's the only thing I'd prefer to see change in wording. Um, and uh I
think at least providing some uh blockage to Maple Street would probably be beneficial, too. So, >> all right. I'm going to quickly go through this just in the uh issue of time. The decision on special permit for First Choice Auto Services and Sales at
29 Maple Street. Um, the only thing that I would suggest is that the plans in findings of facts number five have the date that corresponds with the amended revised proposed parking date, which is
Oct 2025 rather than June 13, 2025. And I'm just going to go skipping through all of the stuff that has the details. I think it's all correct. and get to the actual conditions. Number one is construction in accordance with applicable laws, which is our typical
language. Number two, a site plan review, which is also typical language that it's further subject to detailed site plan review by the site plan review committee. And no final occupancy permit shall be issued until the applicant has complied with all conditions provided. However, subsequent to the issuance of
this special permanent site plan approval, they may authorize the phasing of site and building work depending on weather conditions and other factors. Number three is modification of the plans notwithstanding conditions one and two, the site plan of engineering changes to the plans. Number four is incorporation
of submissions that all plans photo renderings as amended or revised during the application process are part of the plans. Number five, vehicles on site. The applicant shall not display more than five vehicles for sale on the site at any given time, inclusive of vehicles
for sale, the applicant shall not have more than 20 vehicles on the site as any given time. And then from Miss Ryder, unless through the site plan review process, it is determined that only a smaller number of vehicles can fit on the site, in which case a smaller number
of vehicles will be maximum allowed. Six, parking. Parking areas for vehicles under repair employees, customers, and vehicles on display for sale shall be orderly and in designated striped areas as shown on the plan. The applicant shall not park vehicles for sale or
under repair off of the site along public ways. Number seven, drainage uh has been amended to now read as part of site plan review, the applicant shall work with the city engineer on options for drainage improvements designed to reduce runoff
from the site. The screening language is gone. Is that okay with everybody that there is no screening or do we want as requested by Miss Ryder to have screening be required and decided during the site plan review process?
No comments. Councelor Presiato, >> leave your the second option with Miss Ryder's comments. >> I'm sorry. >> Miss the one with Miss Ryder's comments. >> That is what that was one of her comments and it was uh in the original draft and then was stricken from what
Attorney Faul has now sent to us with the red and the yellow or the blue and the yellow. So if we want to add it back in, uh we certainly can. So, Madam Chair, >> councelor Ducet, >> thank you. Um, so it seems that there's some bigger emphasis instead of
screening act, you know, fence screening to go to planter screening. Um, it seems that the intent is that um the applicant is the tenant, not the chair. Yes, that's correct. >> Yeah. um you know, if we want to say
some screening of vehicles under repair and addressing the uh I'm assuming she's talking about uh to the south of the building garage, if that's where >> if you all have your original packets,
the day that we did the public hearing, we received information from First Choice. There was a beautiful picture that we were given that shows the storage area. Yeah. >> Which is just totally there with 1 2 3 4 five cars. >> Five trucks. Yeah. >> Crammed beside auto service.
>> I have it up right. I have it up right now on the laptop. >> And if you recall when we did, as was mentioned by Miss Ryder, the facility across the street, we required them to put up a fence vehicles that were in storage. Madam Chair,
>> Councelor Orum, >> um I would uh support what our city employee, Priscilla Ryder, has recommended. Again, she's recommending the car service area, not the sales area. So, I don't see an issue with that
and I would support that. I know I'm not on this committee, but I would like to add my uh comments to the request that Priscilla Ryder has made. Thank you, >> committee members. Madam Chair, >> okay with adding it back in?
>> I have no problems adding it back in. I said that earlier as far as providing at least some degree of fencing. >> Councilor just said, I'm sorry, I can't hear you. >> Sorry. Um I think overall I was already supporting the idea of providing some degree of fencing. So yeah, I think putting that back in would be fine.
Madam Chair, if it just may if that's the committee's pleasure, which is the language on screening, if I could request that if that language is reinserted into the decision, if we could if we could strike the the two words appropriate fencing um and just
leave it with screening or or the area shall be screened from Maple Street to be determined during site plan review process. That would at least give us the flexibility to work with the committee on whether planters would be satisfactory. we can control planters as tenants. Um I think practically I don't
I I I am aware that the city has required fencing in some of their cases. We looked at it. We really don't think it would work here. Um number one, but number two, I don't know that we get authorization to fence that area from our landlord. So if we at least if site committee is is determined fencing is
the only way to go, then we'll have to work with them on that. But um if it's if it says appropriate fencing in the um special permit, we don't have any flexibility. That's all we would be able to do or come back for an amendment which we're hoping to avoid.
>> Committee members okay with taking out the with appropriate screened from Maple Street to be determined during site plan review process. Okay, works for me. Uh number eight, and this numbering will have to be redone then. Planters. The applicant
shall install planters along the front of the property adjacent to the sidewalk and along the northeast sideline of the site with the size, number, and specific location of said planters to be determined during the site plan review process. New language designed to improve the aesthetics of the site and offer some
screening of vehicles under repair. The applicant shall plant and maintain evergreen plants and flowering plants in the planters. Number nine, vehicle sale license. The applicant shall obtain and comply with the vehicle sales license from the city's licensing board. Number 10, 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 emissions. And number 11 is the recording of the decision. Are there questions? Councelor De said it wasn't clear. Was there something else you
wanted added in or are you okay with? Um the only the only thing my comment was basically a better wording for the vehicles on site saying that be no more than 20 vehicles with the number agreed to by site plan review. It's just a wording thing. So
>> and I think that until we know what is going to be determined by site plan what that number is vehicle >> we no I just have that question be resolved in site plan not by this document. >> Correct. That's >> so that that's and just wording it
better so it's better in English. That's all. >> Okay. >> Madam Chair, if I may, I have three quick questions. >> Uh where do these cars come from? If I may. >> Are they delivered by a trailer truck? Uh where do they come from?
>> Um I five cars for sale. >> I can have David or an answer, but my understanding is it's a combination of customers who just come by with their cars or um sometimes from dealerships that they do business with. they may be delivered um in in in some capacity. >> Is there a safe place to offload these
cars for that delivery? Because I notice it's a problem down further. I use Maple Street quite a bit and it does cause an issue when you're trying to offload from a trailer truck. >> Um I'm not aware of there having been issues there, but they do sometimes come by trailer truck. Yes.
>> Okay. >> Yeah. >> I'm sorry. Go. So through through my client David, large trailers aren't coming in. It's, you know, oneoff tow trucks or smaller capacity trucks bringing it to their site. >> That will help. Uh the other during
heavy rains, is there been any major puddling or drainage issues on site? Heavy rainstorms. I mean there are some puddles. It's an it's obviously an older site and older pavement so there is some puddling from time to time. Thank >> you. And just the last question, how are
spills handled such as gasoline or oil? >> Yeah. I mean they they would they would handle it the way you're you know required you know by law to >> what do they have on site right now for that if I may. >> And that's it for my questions. Madam Chair,
>> say if a gas tank ruptured, what would you do? >> They, you know, they leave sand on site that they use to absorb and and clean it up in that in that regard. >> Thank you. Thank you for your answers. Thank you, Madam Chair. >> Any other questions? Any I'm sorry,
Council Fill. >> Uh, thank you, Madam Chair. There's no further discussion. And I was just going to say that, you know, to me looking at the the change of use, well, the addition of automobile sales as an accessory use of property, I see no significant increase in the amount of vehicles on site, right, based on what we've seen. If anything, there's the
enforcement mechanism of the 20 plus site plans going to take a look at it. Um, you know, the change of use is not substantially more detrimental to the existing, you know, non-conforming use. So, um, for all those reasons, I'm I'm in support of this change. So, I would move to approve. >> All right. Councilor Pillo has moved to
approve. move. Is there further discussion? With none, I will then just comment. I personally cannot approve this. I have to uh under I have to believe that a lot of work and a lot of thought went into uh Mr. Depersio's comment as well as the
building department's comments. Looking at the pictures that we received, looking at the map that we have, I do not see how you can get the number of cars that they want on here. and I don't need to allow them to add an another use of sales to their business. So, I will
not be supporting this. But with that, all those in favor? >> Second. >> Oh, I'm sorry. Did you have a comment? >> Hasn't been second. >> Oh, >> I'll second it. >> I Well, that's I normally say >> Yeah, I'll second it. >> All right. Councelor De said second. So,
all right. All those in favor? One, two, three, four, and I am opposed. Okay. Um, I will be reporting this out so then it can be on the December agenda in proper form. I'll ask for suspension when I report it out tonight. >> So, thank you very much.
>> Get this approved or not. >> Um, is there a motion to adjurnn? >> Chair council moved to It's been moved and seconded to adjurnn. All those in favor? >> 1 2 3 4 5. We are adjourned at Wait, what time is it?
7:55. Thank you. Good evening everyone. I'll call the city council to order at 8:00 on Monday evening, December 1st, 2025. The meeting is being recorded. Please join me in the pledge of 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. >> Okay, before we get started,
be seated. I would like to uh welcome the scouts from Troop 2 in Malro. The scouts are working on their citizenship in the community merit badge. Good job. Councelor Fchillo said he will stay after the meeting for as long as it
takes to answer your questions. Thank you, Councelor Fchillo. Uh we have uh 23 items on this evening's agenda and I'll ask the clerk to please read agenda item number one, >> communications from city council president Oing and city solicitor Jason Gfield regarding the appointment of the
W 7 city councelor pursuant to chapter 65 of the acts of 2025. >> Mr. Clerk, could I have you read both correspondences? >> Sure. Correspondence from uh council president Oing to honorable mayor Dumis per the vote of the city council by council order 25100 9414B
adopted on May 5th, 2025. I am pleased to invite you to the city council meeting on December 1st, 2025, at which time the city council will officially appoint councelor elect Matthew S. Sergeant to fill the seat left vacant by the death of former city former councelor Donald Landers. In accordance
with the city charter, please stand ready to place your signature on said vote. Immedi immediately thereafter, the city clerk city clerk Carrian will administer the oath of office to councelor elect sergeant. We are pleased to invite you, Mayor Dumis, to join with the city council to complete the required appointment process and a
communication from city solicitor Jason Gfield. Dear honorable President Cing and counselors, I write to advise you of the approval of a special act chapter 65 of the acts of 2025 following the city's prior authorization of a home rule petition to seek special legislation concerning the above referenced matter
enclosed as a copy of chapter 65 of the acts of 2025 signed into law on November 19th, 2025. Section one of chapter 65 provides that the city council shall vote by a majority to appoint the w 7 city w 7 councelor at the regular 2025
municipal election to fill the remainder of the unexpired term for the currently vacant w 7 counselor position. Please contact me if you have any questions respectfully. Jason de grossfield city solicitor council villo. >> Thank you Mr. President. Looking forward to my conversation with the scouts later
but move to accept and file the two communications. Motion's made in second to accept and place on file the two communications. Any discussion on the motion? Seeing none, those in favor opposed, the communications are filed. The vote is 100. Councelor Fillo. >> Thank you, Mr. President. Move to appoint councelor elect Matthew S.
Sergeant to fill the seat left vacant by the passing of former counselor Donald Landers. >> Motion made and second to appoint Matthew Sergeant as the ward 7 city councelor. Any discussion on the motion? Seeing none, all those in favor? Opposed. The vote carries. Vote is 100.
If I could ask the police chief and the fire chief and the mayor, well, police chief, fire chief to escort counselor Sergeant to the uh podium and also invite the mayor up as well. And I will say both chiefs, you're
looking mighty sharp tonight. Thank you, Chief Breen, and thank you, Chief Georgie. I would ask the clerk to have the mayor sign the order and then ask the clerk to read uh or administer the oath of office to Matthew Sergeant.
>> Thank you, sir. >> Thank you. >> Thank you. >> Can raise your right hand and repeat after me. I, Matthew, Sergeant >> I, Matthew S. Sergeant >> do solemnly swear >> do solemnly swear >> that I will bear true faith and allegiance >> that I will bear true faith and allegiance >> to the Commonwealth of Massachusetts
>> to the Commonwealth of Massachusetts >> and will support the Constitution thereof >> and will support the Constitution thereof. >> So help me God. >> So help me God. >> I, Matthew S. Sergeant >> I, Matthew S. Sergeant, >> do solemnly swear and affirm >> do solemnly swear and affirm >> that I will faithfully and impartially >> that I will faithfully and impartially
>> discharge and perform >> discharge and perform >> all of the duties incumbent upon me >> all of the duties incumbent upon me >> as ward counselor of the city of Malbra >> as ward counselor of the city of Malbra >> according to the best of my ability and understanding >> according to the best of my ability and understanding
>> agreeably to the rules and regulations >> agreeably to the rules and regulations >> of the constitution and laws of this commonwealth >> of the constitution and laws of Commonwealth >> and the charter and ordinances of the city of Malbra >> and the charter and ordinances of the city of Malra. >> So help me God. >> So help me God. >> I, Matthew S. Sergeant,
>> I, Matthew S. Sergeant, >> do solemnly swear >> do solemnly swear >> that I will support the Constitution of the United States >> that I will support the Constitution of the United States. >> So help me God. >> So help me God. >> Congratulations, COUNSELOR. MR. MAYOR, Chief Georgie, Chief Green, thank you very much. I appreciate you
coming tonight. Thank you. Congratulations, Councelor Sergeant, and welcome to the city council. With that, agenda item number two, >> minutes of the city council meeting, November 17th, 2025. >> Councelor Brown.
>> Thank you, Mr. President. Move to accept and place on file minutes. >> Motion's made in 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 11:0.
Agenda item number three. Now is the time for the public hearing on the petition of Cable Vision Light Path LLC to install approximately 665 ft of 1 to 4 in SCH40 PVC communications conduit from pole 63 on Forest Street to pole 59
with one 24x30 handhole near the entrance to 753 Forest Street. In addition to install approximately 490 feet of 1 to4 inch SCH40 PVC communications conduit from existing pole 58 on Forest Street to pole 55 with one 24x30 handhole near the entrance to
669 Forest Street. Order number 25-100 9599. Okay. This public hearing will taken up in four stages. First with the public speaking in favor. Second questions from the public. Third public speaking in opposition. And finally questions or comments from the city council. So, we'll open the first part
of the public hearing with the public speaking in favor starting with the applicant. But I can have the applicant come up and state their name and address for the record. Uh, good evening. Uh, Herb Berton from Light Path. >> Even Herb, you want to just give an overview of the project?
>> Sure. Um we're proposing along Forest Street to place approximately a total of 1155 ft of 1/4 inch PVC conduit. Uh that's for new service that we're providing to uh to 555 Forest Street.
Okay. It's for communication for fiber optic cable. Thank you, Herb. Any other members of the public speak 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. Are there any questions from
the public? Any questions from the public? Any questions from the public? Hearing none, I close that portion of the public hearing. There any members of the public speaking in opposition? Any members of the public speaking in
opposition? Any members of the public speaking in opposition? Hearing none, I close that portion of the public hearing. questions from the city councilors. Councelor Ducet. >> Thank you very much, Mr. President. Um, this is uh fiber optic. Is that the
case? >> Um, and is uh once you pull the uh conduit, is that going to be exclusive to you or would you support >> we we can lease out space in the conduit? Yes. >> Okay. Okay. Just wanted clarification. Thank you. >> No problem. >> Thank you, Council Ducet. Any other
council or >> Thank you, Mr. President. So my question would be based on what you're requesting. Is this something that is already throughout the city of Marro? I never heard of a cable vision light path to be honest with you. I've
heard of Xfinity. I've heard of Verizon, but you're new to me. And is this something that is expected throughout the city? >> No. Uh we presently pass through the city. We built a a backbone going out to um was it force one up front? Was it one
of our data centers. Anyways, um so we pass through and this is just a lateral to provide service to a a new customer off of that backbone. >> So you're trunking off something that's going through the city, but it doesn't go throughout the entire city. Correct. >> At the time, correct?
>> Thank you. It's just new to me. I didn't know if you were a competitor to Verizon and Xfinity. That's why. >> Right. >> When I saw Cable Vision, I thought provider in town. >> No, it's a it's amazing. a lot of uh big pipes, dark fiber,
large bandwidth. >> Yeah. Not not it's not um fiber of the home or anything like that. >> Okay. Thank you. >> Yeah. >> Thank you, Mr. President. >> Thank you, Council. Councelor Ducet, >> thank you very much. So, this is more for data center and business use. Is that the intent? >> Yeah. Large enterprise businesses.
>> Uh enterprise business data centers. >> Right. Right. Correct. >> Okay. That's all. Thank you. >> Thank you, Council Ducette. Any other members of the councilors with questions? Any questions from the city councilors? Questions from the city councilors? Hearing none, I close that portion of
the public. Councelor Fill. >> Thank you, Mr. President. Move to suspend the rules to accept a communication from city engineer Depersio. >> Motion's made in second to suspend the rules to accept the communication from our city engineer. Any discussion on the motion or the suspension? All those in
favor? Opposed? Suspension carries. 110. Councelor Pillo. >> Thank you, Mr. President. >> Move to approve with the conditions submitted by engineer Depersio. >> Motion is made and seconded to approve the petition subject to the conditions identified by the city engineer. Any
discussion on the motion? Seeing none, all those in favor? Opposed? The petition is approved with the conditions of the city engineer and the vote is 110. Thank you very much. >> Thank you. >> Agenda item number four. Now it's time for the joint tax classification public
hearing with the board of assessors to determine the percentage of local levy to be born by each class of property for fiscal year 2026. Order number 25-10096 01. Again this public hearing we taken up the same four stages. Public speak in favor questions from the public speaking
opposition and questions from the city council. Since this is a joint hearing of the board of health, I mean the board of assessors and the city council. you might want the board of health after you're here. Um, we'll uh open it up for the first portion which is the public speaking favor and I will turn it over
to uh Patrick, Ellen, and Jonathan. Okay, good evening everyone. My name is Patrick Reinhal. I'm the principal assessor here for the city of Marboro. I started in August. I'm super excited to be here tonight to uh present uh this is
what generally a difficult vote, but it's the tax uh residential factor and I have a brief presentation of essentially like how we got here. Um so let's start it off. The tax classification general overview. So, everyone should have this PowerPoint
presentation that was part of your packet as well. I know it's a little difficult to read up here. Uh, but the city council first adopts a budget and that establishes the expenditures for the fiscal year. The fiscal 26 budget for Marborough was adopted uh on May
20th of 2025 and the final tax levy is actually not established until the Department of Revenue approves our total values and certifies certifies our new growth. Uh once approved, the city council must determine the percentage of
the tax levy to be borne by each class of property. So that's what brings us here tonight. The department of revenue must review and approve the selected residential factor uh before final tax rates are set. So what is our role for the board of assessors? We are required
by law to determine what is called the full and fair cash value of all real property. And what does that mean? Essentially, that's the value upon which a willing seller and a willing buyer will agree if both are fully informed and not under any compulsion. So, the
total number of parcels that we have to value every single year in Marboro is approximately 12,869. What is the department of revenues role? uh they are tasked with certifying that the assessed values are in compliance with full and fair cash value and
additionally that our tax levy is in compliance with proposition 2 and a half and we'll talk about that momentarily. So the valuation certification the do uh certifies the assessed values once every five years and Marorrow's last
certification was done in fiscal 24. There are interimar adjustments which we are still required to assess at full and fair cash value. The department of revenue still verifies our values are in compliance by looking at recent uh sales.
Key assessment dates. As you all know, the fiscal year runs from July 1st of 2025 to June 30th of 2026. The legal descriptions are always as of January 1st. In this case, January 1st of 2025. But we have a physical status date of June 30th. So, we basically take what's
physically on the property on June 30th and basically transport it to as though it was there on January 1st to determine its full and fair cash value. What is the property tax levy? So, this is uh the revenue that a community raises through real and personal
property taxes. In Massachusetts, uh municipal revenues to support local spending for schools, public safety, and other municipal services are raised through the property tax levy, state aid, local receipts, and some other sources. The property is typically the largest source of revenue for most
cities and towns. Now we have to be in compliance with proposition 2 and a half. So what is that? Uh that looks at our total values and the levy uh ceiling is essentially the maximum amount that can ever be
levied and that number is 2 and a.5% of the overall assessed values of real and personal property. This number changes every single year based on market conditions. The levy limit. Now, this is often the maximum amount a community can raise and
it's basically a formula that adds 2.5% plus new growth uh to determine the levy limit and we'll go through numbers more specifically in a moment. The levy is the actual amount of money raised to fund the city's budget. So, proposition
2 and a half as applied to Marboro for fiscal 26. Our fiscal 25 levy limit was 175 million. So with Prop 2 and a half, you get a 2 and a.5% increase. So that's 4,397,000. Our certified new growth for fiscal 26
was 2.6 million. So thus our levy limit is 182,955,000. Our actual levy is 118 million. Therefore, we actually have excess levy capacity of 64.5 million.
The next page is a chart showing just what the excess levy capacity is uh from 2010 to the proposed for 2026. New growth. So this is taxable new taxable value that includes uh new homes, commercial development or new
personal property. What new growth uh does allow is it actually helps control the tax rate by spreading the tax levy over a larger base thus keeping the tax increases on average smaller. New growth uh does not include any valuation
increases on the full and care full and fair cash value market adjustments. So we were certified for $2.6 million of new growth. Uh this is a chart showing the breakdown between personal property which was 1.1 million, residential also
1.1 million and commercial industrial we had 270,000 in fiscal 26. The average residential valuation overview. So the single family home in Marboro increased 3% uh up to 611,100.
The condominiums increased 1.7% overall for an average value of 357,000. Two families uh increased 3.2% to 598,000 and three families increased 2.8% to 678,000.
This is a chart just showing the average uh single family value and tax in Marboro since 2022 to 2026 assessed value. So this is a chart looking at our total assessed values uh as a percent between residential and
commercial. And this is important because the vote that we're about to take or that you're about to take tonight is going to shift basically what the value is to determine what the levy is. So for example in in fiscal 26 74.71%
of our total value is residential and commercial is 25.29%. And the next what we have what what you are charged with tonight is determining how that uh levy is going to be funded um by the
various classes. It's called the tax factor and the city council can move part of that tax burden from homeowners which is the residential class to businesses the CIP class by selecting a residential factor. A one would be a
single rate. uh anything below a one would shift the tax burden from residential to CIP. State law limits the maximum shift to 150%. And the calculation essentially compares the residential taxes at a single rate and the residential share of the levy
after shifting uh part of the levy to the CIP. And I think the next chart will clear this up a little bit. So the chart on the left is the total percentage of the full and fair cash value of residential 74.71
versus CIP 25.29. The chart on the right at the proposed uh residential factor would shift the burden. You'll see the orange uh on the on the left is is much larger. So the shift would
essentially result in the residential class paying 62.82% 82% of the levy and CIP paying 378% of the levy. Here's the shift over uh from 2012 to 24 the city of Marboro. Now the maximum
shift here is 1.5. Uh the proposed rate recommended rate tonight is 1.47. Average single family tax bill. So this is a chart looking at the surrounding community and you'll see that Marboro is by far the lowest. Uh the chart is
sorted by fiscal 25 uh because we don't have all of the data yet for fiscal 26. Um but I suspect that even when all of the other towns uh submit their tax rates that Marboro will still be well below uh sort of our neighboring communities.
This is an area average tax bill showing the change over the last three years. And you'll see Marboro's uh as $64.33 in change in average assessed tax bill change. Um
now the next chart is very difficult to see up here but I did submit this to every everyone as well. Um these are essentially the options uh that you can take to determine what the residential tax factor uh should be and that also
what the resulting residential and commercial tax rates would be. So the proposed residential factor is8409 that would result in a residential tax rate of $10.54
and a CIP rate of $1843. The average single family home bill would increase by approximately $1. We feel comfortable with increasing the shift a little from 1.45 to 1.47
because as you all know the residential market the past few years has been extremely uh hot. um versus the commercial and industrial where it's been a little more uh stagnant and frankly some some decreases as well. So a slight change in
the shift uh we think would be appropriate while also still leaving some room between 1.47 and 1.45 if it's needed sort of in the future. So with that I'm happy to take uh any questions.
Hang on. We'll hold Yep. I'm sorry. I will sit down for the moment. >> And you you can speak from there as well, Patrick. Let's take them up. Any other members of the public speaking in favor? Any 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. Are there any questions from the public? Any questions from the public? Any questions from the public? Hearing none,
I close that portion of the public hearing. Public speaking in opposition. Any members of the public speaking in opposition? Any members of the public speak in opposition? Hearing none, I close that portion of the public hearing. Questions
or comments from the city councilors? Councelor Vital. >> Thank you, Mr. President. I'm just what were the factors that you looked at when coming up with the shift? I mean, we're going from a 25.29
to a 37. That's a big jump for for our corporate corporate partners in town. What why such a great shift? >> Good question. So, the overall values for the residential market have been substantial.
So we have some room to go from a 1.45. We can basically go from 1.45 to 1.5. So the option was to recommend a rate that would end with a shift of 1.47 because the commercial market has been relatively stagnant. So they're seeing
kind of a a lower average tax bill just because of their values have been relatively flat versus the residential market where not only are they seeing higher values and therefore higher taxes. So we thought this was a fair way
a fair recommendation to uh help. >> Thank you. One more question. Do we have any any uh history or any surveys that like you did that indicate how much of a shift this would impact the uh future
development that we have trying to bring new business into the city? >> No, that's a good question. Um and obviously that is what makes this vote so difficult. Um, I do not have uh any sort of statistics that would show what a uh shift how that would impact future
development, but that's that you you're hitting it right to the what makes this vote difficult. Mr. President, if I may, John Steinberg, chair of the uh board of assessors. Um, it is a very good question and uh one of the things that I've learned over time
is you don't know what you don't get. It's very difficult to evaluate that and enumerate it because if you have companies that are looking to go somewhere, they evaluate many different criteria. They evaluate zoning, location, you name it. Um though, if
they see a factor that inhibits them, you might never hear from them. So, it's almost impossible to enumerate that. I can tell you anecdotally um being involved in the town of Westboro which is somewhat competitive with Marlboro uh in terms of commercial
development um I will tell you that being location matters the most uh relative from one tax rate to another in this area uh they're all pretty close. You will have towns like Framingham that hit over $20 for commercial industrial
properties um and don't have much opportunity. I give credit to the uh econom marbler economic development corporation at doing an excellent job of bringing companies here. And I think that with this shift, you still maintain a rate low enough to continue to attract business simply based upon our zoning,
businessfriendly um government and um location to continue to drive that growth. >> Thank you, gentlemen. Thank you, Mr. President. >> Thank you, Council Vital. Council Orum. >> Thank you, Mr. president and thank you for your answer. I was actually going to
repeat a little bit of what you said in respect to attracting businesses. The Mass Municipal Association offered a conference about 5 years ago uh and they mentioned that commercial industrial
businesses pretty much are looking more at location. Yes, you can have a shift, but taxes are not their primary concern according to the conference I went to. Location, water, sewer. You got to put a septic
in. You said you might have been the board of health earlier. That way, that's a major burden where the magnet is really having the availability to water and sewer and most important as was mentioned location. We have to thank our previous leaders
who decided that the west side of Marorrow was a great location on 490 businesses. So, we're very fortunate. Marorrow sits in one of the best spots around. And um the other note I wanted to make though, Marorrow because of our
great location and because of the cost of housing going up, if I was a developer, I would say, "Yeah, I'm think I'm going to increase housing, you know, find ways to increase housing. It's a big market, a lot of money in it. But the mayor had noted in his letter to us,
and I'll read it. With cost continuing to increase, and as we continue to make capital investments, including a new elementary school and a planned fire station, our budget will face pressures. So we must continue to carefully
evaluate new projects that are proposed for Maro and consider their impact to our budget and revenues. That is key and critical to where we go in the future here. And it's been discussed on this floor that if we want to attract
housing, we are also going to be needing to build schools, fire stations, and so forth. So my message here is we as a city still need to try to attract more commercial industrial buildings. They
don't have the same cost as if it was housing. So I just want to make that very important. I thank the mayor for putting that statement in there. That speaks loud and clear and I've been trying to speak that for a while. But we're in FY 26 right now. not knowing
where we're going in FY 27 or 28, but we are definitely heading towards the needs that are created by housing development. Thank you, Mr. May Mr. President. Called you to Mr. Mayor right there. Thank you. >> That works. Thank you, council. Any
other questions or comments? Councelor Fchillo. >> Thank you, Mr. President. Um, thank you, Mr. Assessor, board of assessors for the presentation tonight. Um I just have a couple of comments just regarding you know the tax rate and then also um you know remind folks tonight is arguably
the most important vote that we take as a council right um it's also important to remember as you said in the presentation earlier Mr. essor that you know tonight's vote is predicated on actions taken by this body over the course of the last year right it starts in May when we approve the budget but it also includes investments in economic
growth supporting the right projects right and bringing in topline revenue to the city of Malro and so over the past year we've brought in $2.6 $6 million worth of new growth, which is which is good, but there's a lot of work that needs to be done by this body and by our city. And so, here are just some of the
facts going back to that budget we approved in May, because that's a cornerstone of the vote we take tonight. You know, we approved a budget increase of $18 million between fiscal year 25 and 26. From what I've heard, it's the largest increase in our city's history.
Right? So, how do we pay for the budget? President Austin tells us all the time, local receipts, state aid, and then the tax levy. So, how are we doing on state aid? We had one year of exceptional growth from what I've seen when we got the S SOA funding, the student opportunity act. Since then, we get about $4 million
every year from the state roughly. Sometimes it's a little lower, a little more local receipts. The last couple years, we gain a million, lose a million, right? It's it's unpredictable what we're going to get there. This year, we're transferring $40,000 from the sale of graves, right? pretty modest
amount. Uh as well as the board of assessors releasing a million from the excess overlay. Thank you. Um and on top of that, a million from the meals tax for debt service. So when you add all that up, that's about $7 million. We had an $18 million budget increase.
So that's an 11 million increase to the levy that we're facing. The levy to be raised is 118 million. As we all know, almost an 11% increase from last year. And so we've heard the numbers, but it's important that we say them again. roughly $591 increase on the average
single family homes tax bill. Now, I know some folks don't like to talk about the average single family home. So, for condos, that's $32. For two family homes, that's $5.89. And for three family, that's 642. Say, "Well, that's not going to impact the renters in those homes." Well, it will because the owners and the landlords are going to raise
their rent. So, you know, the average single family home is a good metric for us, but affordability, it goes far beyond that. Goes far beyond our homeowners. For folks on a fixed income, this is going to be a difficult year, right? This is an unprecedented increase in property taxes. And for all of our
residents, it's unprecedented because this isn't the steady and predictable way that Malbor has operated for so long. So, the reason I mention all of this is to remind folks that the budget we set and the projects we approve or deny have a direct impact on tonight's vote. Right? We encourage, you know, I
am here to encourage counselors to look at development with an open mind. Right? Let's treat every project on a case-byase basis, right? Not every project is perfect for the city of Malro. We know that and and that's why we say no to the ones that aren't. But we're not elected to be anti-development or to be for development all the time.
We're elected to serve on the council and in those responsibilities is to be the special permit granting authority of the city. Right? So it's when a special permit comes before us, it's our job to take a look at that with an open mind. Right? On almost every project I've heard over the past two years has been two concerns. train on our services and
it causes traffic. Right. For those concerned about the schools, councelor Orm, you're correct. We're making a major investment in a 950 student elementary school. It's several years down the pipeline, but we're moving in that direction. We're working with the school committee and we're working with the school department. And when that
school's built, that's going to afford us the opportunity to reduce class sizes. That's the number one thing I hear from the teachers I talk to. The class sizes, they're bursting at the seam. So, that's going to get solved when we build the new richer school. For those who think that all the housing coming into the city, the new developments, um, sorry, I should I
should clarify. All the apartments and the condos, right, we've built 598 new units since 2019, and we've only seen 27 students added to our school district. That number comes from our school department. So, there's no conversation about, oh, is this housing project going
to add students, right? It it's just not. The numbers from the school department are telling us that it's not. On top of that, we have 580 units to come online from what we've approved since 2019. So, we double it, possibly 54 students based on everything we've
approved from 2019. Now, city services, in the last two years that I've been here, we always support transfers from our department heads. We're working on the Westside Fire Station slowly but surely, and we have fully funded our union contracts every time they come down here for our union workers. And the
last thing, traffic. I don't know a city that doesn't have traffic issues. If there is one, tell me. I'll go there and study what they do. But I regularly go to traffic commission to advocate for W six in our streets, right? I see other counselors there. I think we do a fantastic job as a group. We work to
represent our citizens. We work to represent our wards. And I get a ton of help from the at large counselors who loop me in on things that they're seeing. It's the traffic issue. So, I leave you all with this. In order to make the city more affordable for all residents, we have to support steady
projects. We need a steady line of topline revenue coming into the city. And if we don't do that, then we have to cut the budget. And I know that's something none of us want to do right now. We need to make trims to it when we can, but we don't want to make those substantial cuts. And if we don't do
that, at the end of the day, taxes will continue to rise. So that's my message to councilors tonight. Thank you, Mr. President. >> Thank you, Councelor Pillo. Any other members of the councilors? Any other counselors? Councelor Roby, would you mind taking the podium? Are there any other counselors who'd
like to speak? >> Madam Chair, >> councelor Asing >> or Madam President. Thank you, Madam President. Um, so I again I'll go over a couple of my goals and then give you some of my insights on this tax increase. So, the goals I use, there's five of them. Steady, predictable tax
adjustments, basically less than 5% on the average single family home. Avoid those swings. Build a stabilization account between 7 and 11% of our budget. Maintain the margin to that 1.5 split that you heard Patrick talk about. Recognize as a
financially solid municipality by our creditors because it impacts our bond rating. and maintain attractive tax rates for the residents in the commercial uh facilities act basically be competitive with the surrounding towns. So why is
this the largest tax increase right the answer really is quite simple three factors it's the largest budget increase in the city's history unwillingness by the council to significantly reduce the budget and
insufficient new revenue. That's it. big budget, no cuts, not bringing in enough revenue. Back in May, the submitted budget increase was $19.4 million. The projected tax increase at that time was $769
house. So, the major major budget increases for fiscal year 26, all right, of that $19 million, 14 of that million, 14.6 came from five line items. All right. And the
schools, this isn't pitting anybody against, this is just stating facts, made up $10.5 million of that increase. The school budget went up 7.2 million. School health insurance
went up 2.4 million. Aset Valley went up 1 million. Then the city health insurance went up 1.6. And our bond 2026 bond payment went up 2.2 million. Okay, those are just the five d those five items alone, $14 million, over 10
of it attributed to the schools. And I'll tell you right now, school increases, that's $7.2 million unsustainable. Okay, it really is. That's almost as much as the budget in its entirety went up last year. All right, so the council,
we reduced the budget by 1.4 million. Uh, so we got it down to $18 million as we said back in May. That's now going to be a $690 uh impact to the average uh household. Prior budgets were less than $8 million or less and taxes were less than 200. In
my tenure on the council for 26 years, never had a tax increase for the average house over $200. Just hasn't happened. All right. With some one-time adjustments to the overlay reserve. Thank you, Miss Brian. Thank you. All
right. In some local revenue projections, the taxes were adjusted to just under 600. As you heard Patrick say, the average house is going to have see an increase of $591. Three main drivers to to that drive paying for city services. New revenue,
reduce the budget, raise taxes. Okay, that's it. You're either bringing in new new revenue, you're reducing the budget, or you're raising taxes. That's it. So, how are taxes are determined? It's my simple A plus B plus C equals D theory.
State revenue, local receipts, taxes equal the budget. You heard Council Fella tell you state aids not keeping up. $4 million increase this year, which is if we it was an $8 million budget increase, we were done okay. All right.
Local aid increased by 1.8 million. Not bad again for an $8 million budget. But again, the budget went up $18 million. Prior years, again, $8 million was the largest budget increase we've ever seen. So, increase in state aid, local
receipts, and new growth were able to keep up with tax adjustments under 200 for an $8 million budget increase. State aid, local receipts, and new growth at the current levels do not make up an additional $10 million, which is why
there's a significant tax increase. It literally is that simple. So, how did the city council do approving new growth? Let's take a look at some of the projects the council voted on in 2025. We approved the following projects.
McDonald's on uh Route 20 East, the Malbor Hospital expansion. Problem is, I don't pay property tax for a hospital. Coffee shop on Maple Street. The Taj Estates. Okay, won't hit the tax break for a while. the tiff for the
crime lab, Glendale Estates. We're going to be voting on that later tonight. Uh rebuild of the Curtis car wash, marijuana testing lab at 260 Cedar Hill. Again, all those good. 2 to 3 years before they're going to hit the tax base, assuming
they get built, that there's chances they may not make it. All right. So, again, not enough new revenue coming in to make a bud to offset that $18 million budget increase. We denied some projects. The car wash at
223 East Maine, the warehouse at 401 Elm. So that's lost revenue. And oh, by the way, we're in court on all of those. So we'll see where that goes. Projects that are in progress approve. City councils. The Armory 17 units. Cashman Street condos 12 units. 57 Main Street
92 units. McGee Farm 140 units. Alta French Hill 278. These are all projects approved years ago, but they have not fully impacted uh our new growth yet. But I can't stress enough the importance of having, as councelor Pillo mentioned,
a pipeline of having new revenue coming into the city. If we don't have new growth, councils, we had to cut the budget or just accept the fact we're going to raise taxes. And I personally not excited about that. During the
campaign, I heard a lot from both the progrowth and the no growth camps. Neither one's wrong. You know, all depends what you want to do. If there is no growth, then the taxpayers pick up a larger share of the levy. It's it's really that simple. I mean, if we're not going to grow, that's more more burden
on the taxpayers. The those that don't want new growth, whether it's businesses or new homes, need to accept significant tax increases. When I ask what do they offer to generate new revenue, it's a deer in a headlight look. I don't get an answer. Again, it's okay if you don't
want new growth, but accept the outcome or come up with something else. And I have not heard that something else yet. I don't like higher taxes and I work tirelessly to promote new growth to provide the needed revenue to offset everinccreasing budgets. Just like the
mayor stated at the MEEDC founders reception two weeks ago, the right parcel, the right project with the right developer. All right. The city needs new growth. Period. Alternatively, budget increases need to be less than $10
million. The council has not shown that appetite to reduce the budget. So, looking ahead, a new richer school is going to add $310 to the average tax bill. A new fire station is going to add $145 to the average tax bill. Together,
that's an increase of over $450 to the average tax tax bill. So next year's budget contains no salary increases, not so much. 3% increase. No new positions. So we have authorize any new positions.
No increase in the pension. Yeah, it's already going up $400,000. So that's already there. No increase in health insurance, not so much. That's already going up at least a million. So just again, as I said, the debt service alone for the school and the fire station
would be 450. That's before we even put a pencil to the budget. So, going back to the three factors, bring in new growth, reduce the budget, or raise taxes. If you don't want new growth, start cutting the budget or accept higher taxes. If you want steady,
stable, predictable tax adjustments, budget increases need to be less than $10 million. That's to you. All right? And steady pipeline and new growth of projects need to be in play. So, going back to my five goals, almost done here.
How'd we do? Steady, predictable%. Uh, failed big time. This is the largest tax increase on the average home in my 26 years on the council. This year, there's a significant swing in the order of 10% increase. So, that's steady predictable. We didn't come close. Build
the stabilization account between 7 and 11%. All right. Our budget's 213 million. So, you want to have between 15 and 23 million. We have $26 million in our stabilization account. Excellent. Doesn't count Westside Fire Station open
space money or McGee Farms. So, credit goes to the mayor and the finance team as well as the council for the financial policies that have money going into these accounts. So, good. We met that one. Maintain the margin of the 1.5 split. So, Patrick and Brian and the mayor will tell you I'm not excited that
the split went up. All right. It went up to 1.47. Last year's 1.45. But I recognize in these more challenging times when assessed value on housing is going up and the commercial property is basically staying flat, we need to give
some uh relief to our residents because once we hit that 1.5, we're done. It all now goes on the backs of the residents. So keeping some of that to help offset potential impact is important. So I'll be supporting that. So again, we maintain the margin. So I
think we're doing okay. Fourth one, recognized as a solid municipality by our creditors. Basically, bond impact. So, creditors recognize marble as a AAA rated facility. So, Mr. Mayor, Brian, well done. Uh, that means when we go bond
that school and bond that fire station, we're going to get lower rates. Brian, you say over a million dollars or something? >> 1.4 million. >> 1.4 million we can save. All right. So, so that that's a big and if you saw what we cut last time, that's about $90 off your taxes. So, that so that's a good
deal. So, we need to work hard to keep that going. And the last one, number five, maintain attract attractive tax rates for residents. Beauty is in the eye of the taxpayer, folks. And I acknowledge people may not enjoy paying taxes. I mean, that's a real earthshattering statement. The
residential tax rate in Malro is lower than any of our surrounding communities. Okay, the CIP rate in Malro is competitive with surrounding communities that have a single tax rate. We are lower than any of the ones that have a
split tax rate. So that's great if if you know if you look at that, but I tell people you don't pay the tax rate, you pay your taxes. But when you compare what Marorrow offers and the value it brings, Marorrow's knocking it out of the park. So in conclusion, we met four
of my five goals. The budget increase of $18 million are just not sustainable. The city needs to return to a budget increase of 8 to10 million to and ensure a pipeline of new projects to keep in a steady predictable tax adjustment. If
there is insufficient new growth and an unwillingness to reduce the budget, taxes are going to be increased. So, I support the mayor's recommendation to set the residential factor of 08409 with a corresponding shift of 1.47. 47. Thank
you, Madam President. >> Any other questions from the city councilors? >> Council Orm. >> Thank you, Mr. President. I don't know if councelor Vital had his hand up before me, but thank you. Thank you, Council Vital, and thank you for your overview. I didn't come with more than
what I have seen through my years on the city council. And the most important thing I saw this past year for our tax setting, not tax setting, our budget setting was that we spend less than Framingham per by at least a thousand if
not. We have to realize the facts here. The facts are you can't just throw money at students. what we've seen. We're not keeping our part when it comes to the schools. Go talk to some parents and tell them, "Oh, well, it doesn't matter. I'm a parent of three kids and I'm going
to have a grandson in the schools someday." I'm very concerned that we spend the appropriate amount of funding for our students. We have students back here. I didn't know they were coming, but again, let's face the reality.
We have got to start looking at getting commercial industrial businesses into our vacant buildings. We know they're already on Lazard Drive and they never got them in there. If we're going to do economic development, we have got to get commercial industrial businesses into
this city. Work as hard as we can to do that because if you look at the value of having housing, additional housing, it definitely benefits us to have commercial industrial. no ands or buts about it. So I would say continue to try
to make our economic development overview to get commercial industrial in this city and again fill in the existing empty buildings. There's so many empty buildings right now. We got to get better at it. We are a magnet. There's no ands butts about it. We're in the
best location I think in Massachusetts. And yes, we do offer tiffs, but that means we lose tax revenue. But that's how we got the state police um lab in our city. But again, when we do that, we're losing revenue. So, got to think
twice, especially knowing we are the crossroads in Massachusetts, as mentioned. I know I'm repeating myself, but we're also the magnet because we offer water and sewer. And I'll leave it at that. But we have got to be realistic about our needs. And if we're going to
support housing, we have to be realistic about fire, police, and schools. Thank you, Mr. President. >> Thank you, Council Orum. Council Vital. >> Thank you, Mr. President. A couple points here. Uh first of all, um
councelor Orum, there's most research will show that by providing more money into education doesn't impact the quality of education that the students receive. So adding more money does not uh solve the problem. We're talking a lot tonight about rates and and shifts
and all this stuff and condos and how much that condos are going to pay and how many single families are going to pay. But let me put a face to it, please. I think that's where we lose it a little bit. Agnes lives down in Hemmonway. She bought a house for $7,000 in 1962. Her and her husband raised a
family of three children. They all went through the schools. All moved out of the area. Agnes' husband died three years ago. She told me she has $37 at the end of the month extra. She can't go out to eat because she just doesn't have
enough money to go out there and eat. And now I got to go talk to Agnes and say, "Oh, Agnes, by the way, your taxes are going to go up $600." Agnes will say to me, "Mr. Coach Council of Vital, all I want to do is die in my house."
That's what she said to me. when we are looking at tax increases where we can't just talk about numbers and shifts and percentages. It's not right. We got to put a face to it. We got to put Agnes' face to it and say, "How do we tell all the people all the
seniors seniors are particularly um affected by this increase in my opinion, you know, how do they keep their house?" So, Council Fill, you spoke eloquently tonight, man. You know, who was your teacher in sixth grade? Oh, by the way, that was me. Um, I'm so proud of you,
man. Um, we really do have to we have to look beyond the numbers. Every time we have a new development coming in, we have to say, how can we make this thing work? And, um, God, I I I hate having to talk to Agnes, but the, you know, that's something we're all going to have to
decide tonight. Thank you, Mr. President. >> Thank you, Council Vital. Council Brown. >> Thank you, Mr. President. Um, I just wanted to clarify one thing. Um just so that I understand um councelor Oram you
had mentioned about tiffs taking away tax revenue and from my belief that's not true because we are still collecting um the base of what that property would have paid without any additional um
investment into the property. So, what the TIFF actually does is it saves the the business from having to pay on their investment. However, we're not losing tax revenue. We are just um we're
helping the business by giving them a break on the big investments that they're taking. Um I just wanted to almost pose it as a question to make sure that that is the the correct way to view a tiff. That was correct. >> Thank you.
>> Thank you, Council Brown. Anyone else? Any other questions from the counselors? Questions from the counselors? Any questions from the counselors? Hearing none, I close that portion of the public hearing and the entire public hearing board of assessors. Jonathan, Allan, Patrick. Outstand. Oh. Oh, sure.
Absolutely. Absolutely. >> I just want to take a moment, Mr. President, and thank Patrick and uh Allan and Patrick's staff this year. Uh John Valade served us well for many years and we as a city are very fortunate to have landed Patrick. He's done a great job taking over here and uh
and appreciate his presentation and his presence in the office. So I just want to thank you Patrick. >> Thank you Jonathan. Anything else? All right closes the public hearing. Board of assessors, thank you very much. Appreciate your support tonight.
Agenda item number five, >> communication from the mayor regarding fiscal year 2026 tax classification hearing information. >> Councelor Irish. >> Thank you, Mr. President. Uh motion to accept and place on file the communication, please. Motion's made and second to accept and place on file of communication. Any discussion on the
motion? Seeing none, all those in favor? Opposed? Communications file the votes 110. Agenda item number six, >> communication from the mayor guiding transfer request in the amount of $1,39,650 from Olay reserves and sale of graves for $39,650
to offset the fiscal year 2026 tax levy. >> Council Irish. >> Thank you, Mr. President. Um, I will be asking for three motions this evening. Uh, first motion would be to approve the transfer of $1 million from the overlay reserve to offset the FY2026 tax levy, please.
>> Motion made and second to approve the transfer of $1 million from overlay reserve to offset the fiscal year 26 levy. Discussion on the motion? Seeing none, all those in favor? Opposed? Transfer carries. The votes 110. Council Irish. >> Thank you, Mr. President. Uh, next
motion is to approve the transfer of $39,650 from sale of graves to offset the FY2026 tax levy. >> Motion's made and seconded to approve a transfer of $39,650 for the sale of Graves to offset the
fiscal year 26 levy. Any discussion on the motion? Seeing none, all those in favor? Opposed? Transfer carries. The vote is 110. Councelor Irish. >> Thank you, Mr. President. A motion to approve the order to set the residential factor at 0.8409
with the corresponding CIP shift of 1.47 uh pending approval of the city's annual tax recap by the Massachusetts Department of Revenue. Uh this will result in a residential tax rate of $10.54 and a CIP rate of $1843.
Motion made and seconded to approve the order to set the residential factor of8409 with a corresponding CIP shift of 1.47. Any discussion on the motion? Seeing none, all those in favor opposed. The
order is approved and the vote is 110. Board of assesses. Thank you very much. Thank you counselors. Agenda item number seven, >> communication from the mayor regarding notification of temporary appointment pursuing to mass general law, chapter 40 of Brian Dawney as interim city collector effective November 24th, 2025
for a 60-day term to expire January 23rd, 2026. >> Council Naven. >> Thank you, Mr. President. Motion to accept and place on file 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 carries. It's filed. The
vote is 11:0. Agenda item number eight. Communication from the mayor getting gift acceptance in the amount of $1,000 from digital federal credit union awarded to the police department to be used for police academy and Christmas heroes for helpers program. >> Counselor. >> Thank you, Mr. President. Motion to approve the gift, please. >> Motion's made in second to approve the
gift. Any discussion on the motion? Councelor Orum. >> Thank you, Mr. President. I just want to quickly note that has been a very successful program, the youth academy, and very grateful that people are donating to it, including Digital Federal Credit Union. Thank you. Thank
you, council or any other discussion on the motion on the approval of the gift. All those in favor? Opposed? Gifts approved. The vote is 11:0. Agenda item number nine, communication from the mayor regarding proposed job descriptions pursuant to chapter 125 personnel. Section five, preparation of
classification descriptions relative to the position of head clerk and senior clerk in the collector's office along with a transfer request in the amount of $4,51.68 from assistant director of finance to head clerk to fund the position for the remaining six. >> Councelor Iris. Thank you, Mr. President. Motion to refer to the finance committee, please.
>> Motion's made and second to refer to the finance committee. Any discussion on the motion? Seeing none, all those in favor? Opposed? Mo, the items go into finance and the vote is 110. Agenda item number 10. Communication from the mayor regarding proposed job description pursuant to chapter 125 personnel
section 5 preparation of classification descriptions relative to the position of comproller treasurer in addition to a proposed employment contract for Brian Dhane along with a transfer request in the amount of 20,695 from assistant finance director to comproller treasurer to fund the contract for the remainder of fiscal
year 26. >> Counc Irish. >> Thank you, Mr. President. Motion to refer to the finance committee, please. >> Motion made and second refer to the finance committee. Any discussion on the motion? Seeing none, all those in favor? Oppose. Item carries. It's going to finance. The vote is 110. Agenda item
number 11. >> I could be faster than you. I apologize. Uh, communication from the mayor regarding proposed job description pursuant to chapter 125 personnel. Section 5, preparation of classification descriptions relative to the position of assistant building commissioner. >> Councelor Naven. >> Thank you, Mr. President. Move to
approve. Motion's made and seconded to approve. Any discussion on the motion? Seeing none, all those in favor? Opposed. The job description is approved. The vote is 11:0. Agenda item number 12. >> Communication from the mayor regarding proposed acceptance of various easements as part of the approval of the Alta
project between the developers and the city. Council Roby. >> Thank you, Mr. President. I'm going to move to approve a permanent storm water and sanitary sewer easement and sidewalk easement on certain portions of the granters's land and to authorize the
mayor to execute a easement agreement. >> Motion remains seconded to approve the easements and allow the mayor execute those set easements. Any discussion on the motion? Seeing none, all those in favor? Oppose. The order for the approval of the easements is approved
and the vote is 110. Item 13, >> communication from solicitor Jason Gfield regarding application for a special permit from attorney Brian Faulk on behalf of FD130 Lazot LLC to convert an existing office building into multif family dwelling units and to build two new buildings for a total development of
17 187 residential units for all for sale condominium units to be known as Glenn Ford at Lake Williams condominium community to be located in the Lazot Drive Overlay district. Proper legal form order number 25-100 9483D. >> Councelor Roby. >> Thank you, Mr. President. move to accept and place for file the communication
from the solicitor and to move the special permit down to number 22 with a note from the uh treasurer that the account number for the Lazad stabilization fund is 83600-32729. So if the clerk can read that as he
reads the order and make sure that it's in there, we'll be all set. Thank you. >> That will save us a lot of work going forward. Motion made in second to accept and place on file the communication. Uh move this item down to number 22 and to annotate the Lazot drive mitigation
fund. All those in favor of the motion opposed. That carries. It's going down to agenda item number 22. Votes 110. Agenda item 14. Communication from solicitor Jason Gfield regarding the application for a special permit from attorney Brian Faulk on behalf of Farm Road Realy Trust in Evangelist Roofing
to operate a contracted yard in a pre-existing non-conforming building in the airport industrial park at 17 Airport Boulevard proper legal form order number 25-100 9512C. >> Councelor Roby. >> Thank you, Mr. President. Move to accept and place on communication from the solicitor and to move the special permit
language down to number 23. Motion made and second to accept and place on file the communication and move us down to agenda item number 23. Any discussion on the motion? Seeing none, all those in favor? Oppose? It carries. The votes 110. It's going down to agenda item
number 23 and file. Vote 110. Agenda item 15. >> Communication from William Kamuso on behalf of Lee Lee Enterprises Limited regarding request pursuant to chapter 342 gasoline stations and car washers for permission to the hours granted at 431 Lincoln Street. >> Councelor Roi.
>> Thank you, Mr. President move to approve a one-year extension to December 16th, 2020 operate from 5:00 a.m. to 11:00 p.m. >> Motion made in second to approve a one-year extension of the hours of operation from 5:00 a.m. to 11:00 p.m. Any discussion on the motion? Seeing
none, all those in favor? Opposed? Motion carries. They're going to operate from 5 to 11 for the next year. Votes 110. Agenda item 16. Communication from the Department of Public Utilities regarding notice of public hearing and request for
comments on the petition of NStar Gas Company, DBA, Eversource Energy, for approval of its 22 to 2022 to 2024 three-year energy efficiency claim term report. Council Brown. >> Thank you, Mr. President. Move to accept and place on file communication. >> Motion made and seconded to accept and
place on file a communication. Any discussion on the motion? Seeing none, all those in favor? Opposed? Communication is filed. The vote is 11:0. Agenda item 17, >> communication from the Department of Public Utilities regarding notice of public hearing and request for comments on the petition of Massachusetts Electric Company and Nant Nantucket
Electric Company each DBA National Grid for approval of its 2022 to 2024 3-year energy efficiency plan term report. Councelor Brown. >> Thank you, Mr. President. Move to accept and place on file communication. >> Second to accept and place on file the communication. Any discussion on the
motion? Seeing none, all those in favor? Opposed. The communication is filed. The vote is 110. Agenda item 18. >> That's the boards, commissions, and committees. >> President, >> thank you very much, Mr. President. Motion 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, all those in favor? Opposed? The minutes are filed. The vote is 11:0. Agenda item 19, claims. Councelor Brown. >> Thank you, Mr. President. Move to send the claims to legal department. Motion
made second to send the claims to the legal department. Any discussion on the motion? Seeing none, all those in favor? Opposed? Claims are going to legal and the vote is 110. Reports of committees. Who would like to go first? Councelor Brown.
>> Thank you, Mr. President. Um, the city council legislative and legal affairs committee met earlier this evening, December 1st, 2025. Meeting convened at 7:15 p.m. We took up one order, order number 25-10009598.
Communication from the mayor with proposed license to encroach between BMA electric and the city of Malro for a proposed deck and ramp that slightly encroaches on city property at the back of the building at 269 Mechanic Street adjoining the rail trail. Chair Brown
read the communication from the mayor input and input from the engineer. Councelor Roi expressed concern the work was done prior to applying for a license. She hoped that petitioner at least applied for and was granted a permit for the work. Other counselors
expressed similar concerns on a motion by councelor Roby, seconded by the chair. Committee voted to recommend approval of the proposed lease agreement. Um vote carried 3 to zero and uh we adjourned at 7:18 p.m. I'm going
to be asking for a suspension this evening. Chair's asked for suspension of the rules. All those in favor of the suspension opposed. Suspension carries. Votes 110. Council Brown. >> Thank you, Mr. President. Um move the recommendation of the committee to approve. >> Motion's made and second to approve the
recommendation of the committee. Any discussion on the motion? Seeing none, all those in favor? Oppose. The committee's recommendation to execute that easement is approved and the vote is 11:0. >> Thank you, Mr. President. The Urban Affairs Committee also met this evening,
December 1st, at 7:30. We had one item on our agenda, order number 2519. Application for a special permit from Attorney Faul on behalf of First Choice Auto 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. The chair read through the comments from the department heads. Attorney Faulk had provided a new draft that he had
um added in comments from the department heads. So those were discussed. Um it was moved to approve the draft submitted by attorney Faulk with a couple of changes. one to update the date of the plans and
to add back in screening which he had deleted so that the car service area will be screened from Maple Street to be determined during the site plan review process. It was moved and seconded to approve the special permit 421 with
myself being the declining vote. Uh, I would move to suspend so this could be referred to the solicitor so it could be on the next council agenda. >> There's been a motion made second to suspend the rules. All those in favor of suspension opposed. Suspension carries. The votes 110. Council Roby.
>> I move to refer this to the solicitor to be put in proper form for our December 15th meeting. >> Motion made and second to send to the solicitor be put in proper format for our next meeting. Any discussion on the motion? Seeing none, all those in favor? Oppose. Motion carries. It's going to
the solicitor to be put in proper format for our next meeting and the vote is 110. Councelor Roby. >> I do have another request for a suspension to accept a communication. >> Motion's made a second for a suspension to accept the communication. Any discussion? There's no discussion. All those in favor of the suspension
opposed. Suspension carries. The votes 110. Council Roby. uh move to approve the time limit for JC Residential and Light Commercial LLC to December 31st, I mean, I'm sorry, January 31st at
11:00. January 31st, 2026, 11 p.m. >> Motion made and second to extend the time limit for the special permit to January 31st, 2026. Any discussion on the motion? Councelor Naven. >> Thank you, Mr. President. I just wanted to note um the date of the public
hearing on this extension says it's today. Says the public hearing date was today. So I just don't know if it needs to be changed before it gets filed. >> Yeah, that's that's Yeah, that's the applicant. We'll we'll we'll >> Thank you, Council Haven.
>> Yeah, they'll sign that later. >> On the on the motion to extend the special permit to January 31st, 2026. Any further discussion? Seeing none. All those in favor? Opposed? The special permit is extended to January 31st, 2026
and the vote is 110. Any other reports of committees? Announcements? Everybody's good? Okay. Agenda item number 20. Order number 25-100 9589. Proposed job description pursuant to chapter 125
personnel section 5 relative to the position of fire chief. The recommendation of the personnel committee is to approve. >> Councelor Naven. >> Thank you, Mr. President. Move the recommendation of committee to approve. >> Motion's made in seconded to approve the recommendation of committee. All those in well any discussion? Seeing none, all those in favor? Opposed? Recommendation
is of the committee to approve is carried and the vote is 110. Agenda number 21. >> Word number 25-100 9577 application for a junk dealer license from Matthew McDonald Furlong DBA EcoATM LLC 240 East Main Street. Recommendation of the public services committee is to approve
pending report from the police chief which has not been received. Sir >> Villo, >> thank you Mr. President. Um we have not yet received that at least I haven't seen it but um uh I move the recommendation of committee >> uh pursuant to the fact that we will get that that Corey report. So approving it
tonight through committee it'll still still go through pending that Corey report. Motion remains seconded to approve the petition pending the successful uh chief review of the Corey report. Any discussion on the motion?
Seeing none, all those in favor? Opposed? The petition is approved. Pending a successful Corey report from the police chief and the vote is 110. Agenda item number 22. Order number 25-100 9483D. Application for a special
permit from attorney Brian Faulk. on behalf of FD130 Lazot LLC to convert an existing office building into multif family dwelling units and to build two new buildings for total development of 187 residential units all for sale condominium units to be known as the Glen Ford at Lake Williams condominium
community to be located in the Lazot Olay Lozot Drive Olay District. Recommendation of the Urban Affairs Committee is to approve as amended. >> Councelor Roby. >> Thank you, Mr. President. Move the recommendation of committee which is to approve. Motion has been made and seconded to approve the recommendation
of the committee which is to approve the special permit. Any discussion on the motion? Seeing none, I will ask the clerk to read the conditions, please. >> The city council, pursuant to its authority under Massachusetts general law, chapter 48 in zoning ordinance of the city of Malro, hereby grants the applicant a special permit to build and
operate a three-b building multif family dwelling project with a total of 187 residential units as shown on the plan subject to the following conditions. Which condition shall be binding on the applicant of successes and/or assigns? 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 of the city of Malbor and the Commonwealth of Massachusetts and shall be built according to the plans as being 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
section 65039.1 of the zoning ordinance prior to the issuance of the building permit. Subsequent site plan review shall be consistent with the conditions of this special permit and the plan submitted, reviewed and approved by the city council as a special permit granting authority. Any change additional changes, alterations, modifications or amendments as required during the
process of site plan review shall be further conditions of this special permit and conditions attached to the building permit and a final occupancy permit for the entire project shall not be issued until the applicant has 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 the phasing of site and
building work depending upon weather conditions and other factors and final occupancy permits may be issued for the first two buildings completed at the site in early phases if site work related to those buildings has been completed and the applicant has complied with all conditions applicable to both the phase and the first two buildings in
accordance with section 65039.1 I of the zoning ordinance. The building commissioner may approve minor modifications to the special permit and the plans. Three, incorporation of submissions. All plans, photo renderings, site evaluations, briefs, and other documentation provided by the applicant as part of the application is amended or revised during the
application hearing process before the city council and or the city council's urban affairs committee. A hearing incorporated into become part of this special permit and become conditions and requirements are the same unless otherwise altered by the city council. The final architectural design of the site shall be reasonably consistent with the plan submitted by the applicant. The
final interior exterior features of the site including landscaping shall be maintained in good condition and shall be reasonably consistent with the plan submitted and representations made to the city council. Four, 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 credentials 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 storm water regulations. This individual shall ensure compliance with the approved sequence of the approved erosion control plan. The applicant shall grant this individual complete authority of the site as it relates to storm water and erosion control erosion controls. Five, phasing of construction.
Proposed condominium buildings one or one of one or more of the buildings together may be organized as its own condominium and constructed in phases at different times. Site plan ordinance with condition two may be addressed in phases with separate reviews for different buildings. Six affordable
units. 12% of the dwelling units at the site shall be made of available as units for sale at affordable prices to home buyers whose income whose annual income does not exceed 80% of the area median income as defined in 655 of the zoning ordinance in perpetuity or the longest
period allowed by law in accordance with the proision provisions of chapter 65026 of the zoning ordinance and this condition the affordable housing units shall be distributed evenly among the three buildings proa with no less than 12% of the dwelling units in each building con constituting affordable
housing units. The affordable housing unit shall comply with all requirements for inclusion in the subsidized housing inventory of the Commonwealth of Massachusetts executive office of housing and livable communities prior to obtaining an occupancy permit for any unit within a given building. The applicant in coordination with the city and the community development authority
shall file all required submissions to EOLHLC for inclusion of the affordable housing units with the spec within that specific building on the SHI and shall diligently take all actions necessary to include the affordable housing units on the SHI including without limitation preparing
executing a regulatory agreement and declaration of restrictive covenants and/or any other restrictive instrument necessary to ensure compliance with said zoning ordinance in this condition. a marketing plan and all other require required documentation. All costs associated with complying with this condition, including but not limited to
the EOHLC process, recording of all documents with the registry of deeds and the marketing plan for the affordable units shall be born by the applicant. Seven, transportation alternatives. A, information regarding public transportation services, maps, schedules, and fair information shall be posted in a central location and or
otherwise made available to residents within each building at the site. B. A welcome package shall be provided to residents detailing available public transportation services. Bicycle and walking alternatives, commuter options, and local walking trails. C. Work at home workspaces are encouraged to be provided to support telecommuting by
residents of the site. D. A central mailbox provided within each building for the residents. E. Secure bicycle parking shall be provided for residents and visitors, including weather protected bicycle parking within the two parking garages on site. Eight. Green design. The opinion shall utilize best
practices to design energy efficient buildings and is encouraged to design buildings and accessory structures to accommodate accessory solar energy facilities and/or other techn technologies as feasible. The applicant shall use best efforts to provide all electric utilities contingent upon the
utility company being able to commit to such service during the project's ordinary construction timeline. Accommodations for future electric vehicle charging stations or EV dedicated outlets shall be installed in at least 10% of the parking spaces for each building provided that each building shall have at least 10 parking spaces with EV charging stations or EV
dedicated outlets installed prior to the issuance of the first occupancy permit for any unit within the building. Nine Lazot drive improvements prior to the issuance of the final occupancy permit the for the entire project but not later than one year after the issuance of the final occupancy permit for the first building. The applicant at the applicant's sole expense shall complete
the reclamation and repaving of Lazot Drive from Lazot Drive's intersection with Jackson Drive to the end of the Lazot Drive culde-sac under the supervision of the city's department of public works. Said work to start after significant construct construction activities at the site involving large trucks and equipment have concluded.
Notwithstanding the above, the site plan review committee may authorize the city's issuance of a final occupancy permit for the entire project or extend the one-year time frame set forth in this condition prior to the completion of said work due to weather conditions or other factors if said work is secured by a bond or other form of uh security
held by the city in the amount deemed adequate by the city engineer to enable the city to complete the work. 10. Jackson Drive. As part of the formal site plan review, the applicant shall evalate known as Jackson Drive in the vicinity of the site, including working with the neighboring properties property owners to improve or modify access to
the to the way. 11. Lake Williams Trail funding. Prior to the issuance of the first building permit for any part of the use, the applicant shall provide a payment to the city in the amount of $50,000 to be used by the city for maintenance and improvement to the Lake Williams Trail System and said payment to be deposited in the city's Lazot
Drive mitigation stabilization account number 83600-32729. Uh 12, William Street Ballfield funding. Prior to the issuance of the first building permit for any part of use, the applicant shall provide a payment to the city in the amount of $100,000 to be used by the city for improvements to the ball fields along William Street in the
vicinity of the site. Said payment to be deposited in the city's Lazot Drive mitigation stabilization fund, account number 83600-32729. 13. Westside Fire Station funding. Prior to the issuance of the first building permit for each of the three residential buildings at the site, the applicant shall make a payment to the city in the
amount of $1,000 for each multif family dwelling unit to be developed in the respective building for a total of $187,000 for use to be used by the city for a proposed westside fire station. Said payments to be deposited in the city's westside fire station mitigation stabilization account, account number
83600-32701. Land 14, landscaping. A detailed landscaping plan for the site shall be reviewed in further condition during the site plan review process. The landscaping plan shall be more robust than is required by the zoning ordinance and shall provide shade canopy and use use native plants to improve habitat. The applicant shall maintain the
landscaping at the site for the duration of use. Lighting exterior lighting at the site shall be down and facing and shielded to minimize impacts on neighboring properties with the lighting plan for the site to be reviewed in further condition during the site plan review process. 16. Conservation commission approval. The applicant shall obtain and comply with an order of conditions from the city's conservation
commission. 17. 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 finally, 18, recording of decision in accordance with the provisions of Massachusetts general law, chapter 48, section 11, the applicant at
expense, shall record this 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, and 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. Clark. Councilors the list of conditions. Any further comments on the special permit application?
Hearing none, I will ask the clerk to please call the role. A yes vote is to support the special permit. A no vote is to not. Councelor Ducet. >> Yes. Council Roby, >> yes. >> Councelor Sergeant, I have >> Council Orum, >> yes.
>> Councelor Irish, >> yes. >> Councelor Brown, >> yes. >> Council Naven, >> yes. >> Council Presiato, >> yes. >> Councilor Oing, >> yes. >> Councilor Fuchillo, >> yes. >> Councelor Vital, >> yes. >> 10. Yay, one abstension. Sir,
>> the special permit for 130 Lazard Drive is approved by a vote of 10 in favor with one abstained. Agenda item number 23. Order number 25-100 9512C. The application for a special permit from attorney Brian Faulk on behalf of Farm Road Realy Trust and
Evangelist Roofing to operate a contractor yard in a pre-existing non-conforming building in the airport industrial park at Boulevard. Recommendation of the urban affairs committee is to approve as amended. >> Councelor Roby. >> Thank you, Mr. President. Move the recommendation of committee to approve.
And I would like to just comment. I know it probably should have been said as we discussed it, but since I made comments on the earlier discussion, I think this is another one of those cases where the cart before the horse, I'm glad that we're approving this, but they should have been here two years
ago. So, with that said, move the recommend. >> I will not disagree with you. Motion's been made and seconded to move the recommendation of the committee, which is to approve the special permit. Any discussion on the motion? Seeing none, I will ask the clerk to
please read the conditions. >> The city council, pursuant to its authority on the Massachusetts General Laws, chapter 48 in the zoning ordinance of the city of Malver, hereby grants the applicant a special permit for a contractor's yard, including changing the use of a pre-existing non-conforming structure for a contractor's yard at 17
Airport Boulevard, Unit 20, as shown in the plans filed, subject to the following conditions. Which condition shall be binding on the applicant at successors and/or assigns? One, construction 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 accordance with the plans as may be amended during site plan review to site plan review. The issuance of this special permit is further subject to detailed site plan review by the site plan review committee in accordance with the city of Malro 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, and no final occupancy permit shall be issued until the applicant has complied with all conditions. Provided, however, that subsequent to the issuance of this special permit and the site plan approval, the site plan review committee may authorize the phasing of site and
building work depending upon weather conditions and other factors. Subsequent site plan review shall be consistent with the conditions of this special permit and the plan submitted, reviewed, and approved by the city council as a special permit granting authority. Three, modification of plans not withstanding conditions one and two above. The city council or site plan
review committee may approve engineering changes to the plan so long as said change 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 on the plans 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 city council's urban affairs committee are hearing incorporated into and become part of the special permit and become conditions and requirements of the same less otherwise altered by the city council. Five, storm water and erosion control management.
The applicant successes and/or assigned shall ensure that its site superintendent during construction of the project is competent in storm water and erosion control management. This individual's credentials 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 no that no untreated storm water leaves the site consistent with the states and city storm water regulations. This individual shall ensure compliance with all approved sequence of construction plans and the approved erosion control plan.
The applicant it successes and or assigned shall grant this individual complete authority of the site as it relates to storm water and erosion controls. Six, screening. In accordance with section 650-18A48 of zoning ordinance, the applicant shall install solid fencing with vegetated
screening to screen areas of the site used for the storage of vehicles, equipment, and other materials from the street and adjacent properties and shall maintain such screening and good repair. Any fencing shall comply with the requirements of the applicable city ordinances. seven outdoor storage areas. In accordance with section 65018A48 of
the zoning ordinance, the outdoor storage of vehicles, equipment, and material shall be located on impervious and otherwise dustfree surfaces. Material shall be stored with sufficient protections to avoid damage to landscaped areas and to avoid interference with the proper functioning of storm water infrastructure. Lawn areas shall be separated from adjacent
parking storage areas with curbing and barriers to prevent the use of lawn areas for materials or vehicle storage. Eight, indoor storage areas. Building areas used to store vehicles, equipment, and materials indoors shall be equipped with floor drain drainage systems designed to prevent fuel, oil, and other hazardous materials from entering the
storm water or sewer systems approved through the site plan review process. Nine, vehicle repairs and maintenance. The site may not be used for major repairs of vehicles and equipment, but minor maintenance of vehicles exclusively operated as part of the use may be performed indoors only, subject to condition 10. 10. Noise and air
quality. The applicant successes and/or assigned shall comply with the city's noise ordinance and shall comply with the state federal requirements governing air quality and emissions. 11. Lighting. Exterior lighting at the site shall be down or facing and shielded to minimize impacts on neighboring properties with a lighting plan for the site to be reviewed in further condition during the
site plane review process. Exterior lighting at the site shall be shut off outside of operating hours except for lighting necessary for security and emergency access. 12. Compliance with applicable laws. The applicant successes and/or assigns 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's expense, the applicant at successes and or assigns at its expense shall record this 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 and no appeal having been filed and before the applicant is 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.
>> Well done, Mr. Carrian. >> Thanks, sir. >> Councelor conditions. Any discussions or comments on the conditions? If not, I will ask the clerk to call the role. A yes vote is to approve the special permit. A no vote is to not approve the special permit. Mr. Carrian,
>> Council Fill, >> yes. >> Council Oram, >> yes. >> Councelor Vital, >> yes. >> Councelor Oing, >> yes. >> Councelor Sergeant, >> Council Presiato, >> yes. >> Councelor Irish, >> yes. >> Councilor Det, >> yes. >> Councilor Naven, >> yes. Yes. Council Brown. >> Yes. >> And councelor Roby.
>> Yes. >> 10. Yay. One abstension. Sir, >> the special permit for the evangelist roofing contractor yard at the airport boulevard is approved with 10 in favor with one abstension. Council Naven. >> Thank you, Mr. President. Move to
adjurnn. >> Motion made and seconded to adjurnn. All those in favor opposed. We are adjourned at 9:29. Troop 2, thank you for hanging in there. I probably didn't get any new pound.