Good evening. I will call to order the finance committee meeting on November 10th, 2025 at 6:30 p.m. Uh we have four items on the agenda this evening. Uh we have a transfer request in the amount of $326,352.86
86 um to fund the remaining balance of the collective bargaining MMEA. Uh we also have a transfer request in the amount of $337,345.98 uh to fund various accounts in the collective bargaining public works equipment operators association.
We also have a transfer request in the amount of $500,000 um to to the workers compensation fund. And then last, we have a transfer request in the amount of $612,39056 uh to fund the remaining balance of the local 1714 at the National Associations
of the Firefighters, AFL CIO, CLC. I'll begin with order number 100 9560, transfer request in the amount of $326,352.86 86 cents uh from the free cash to various accounts to fund the remaining
balance of the collective bargaining agreement with the Malbor Employees Association MMEA. And I will open that up to any discussion from the finance committee. We did um fund this in 2025 and this is the remaining uh going forward for the
FY 2026 budget. >> Council B. >> Thank you, Mr. Chair. I'd like to make a motion to accept uh the transfer request in the amount of $326,352.86. I motion's been made and I will second that to approve order number 19560
uh transfer request in the amount of $326,352.86 um from free cash to various accounts to fund the remaining balance of the collective bargaining agreement with the Marro Employees Association MMEA. Any further discussion? >> Chairman. >> Oh, Mr. President.
>> Thank you, Mr. Chairman. I just want to point out to the council, so again, the reason we're funding this at fisc year 26 is it didn't make the fiscal year 25 budget. The contract was approved after the mayor had submitted the budget, but I I found it interesting and the
difference each year makes. So for fiscal year 25, we approved a transfer of $246,000 to fund the fiscical year 25 portion of the MMEA contract. This one you can see is to fund the
fiscical year 26 portion of the contract which is $326,000. So an increase of over $78,000. So just again it gets expensive and it builds on each one as it goes and the fiscal year 27 you're not going to see because it's going to
be baked into the mayor's fiscal year 27 budget but if you total all the line items that are going to be increasing it'll be more than the 326,000. All right and I say this because we need revenue. Thank you Mr. Chairman. >> Thank you. Good a good point. Mr.
President, a motion has been made and second council Brown. >> Thank you. Um, I have a question and it would pretty much pertain to any of the the three items that have to do with the um transfer for the remaining balances
of collective bargaining agreements. Um, I was just wondering if all of the positions are um filled positions and if there were any retirements possibly happening where new hires would potentially be coming in at a lower pay
or just an unfilled position. >> I would check with the mayor on that. >> I'm not aware of any any retirements at at this point. >> I just I know that that would already probably be in the plans. It was just something I wanted to consider.
>> I didn't hear the complete question, so if you don't mind. >> Oh, sure. Um, I was just wondering, so for the three items that were for collective bargaining agreements, um, are all of the positions in each of the line items currently filled? And are
there any retirements potentially coming down the line that weren't that you might not have been aware of during like the budget season? We're funding what is filled >> currently and I have not heard these are all union employees so I don't department heads are a little different so we're non-unions so as far as I know
I don't see any movement thus far >> okay thank you that's all >> sure thank you thank you m >> I appreciate it >> thank you counc >> thank you >> motion's been made and seconded to approve all in favor one two three four five none opposed thank you
moving on to order number 25-1009561. A transfer request in the amount of 337,345.98 um from free cash to various accounts to fund the remaining balance of the collective bargaining agreement with the public works assoc operators association. I will uh read the quick
letter uh submitted by the mayor. Uh, honorable President Oing and councilors, I'm submitting for your review and approval a transfer to fund the remaining collective bargaining agreement between the city and the Malber public works uh, equipment operators association. Uh, we're
requesting a transfer of $337,345.98 from the undesated fund line item for the fiscal year 2026. If you have any questions, please feel free to contact my office and Sly J. Christian mayor and I'll open that up to any
councilors on the finance team. >> Oh, council, I'm sorry, council. >> Okay, >> thank you. Um, so I had the same question for this which the mayor had already answered and um, I was just kind
of looking at the amounts and then I see that there is some some background work that is here. So I think um, potentially another counselor might have something that they want to ask. But um
I was just wondering if this is also as you had said in the um previous item, is this something that has happened before in previous years or is it a different timing on the agreement? >> We we uh like like President Oi
mentioned first, we did fund it for 2025. These things were not were not funded uh when we were doing the budget because they're contractual agreements. So now the mayor's coming to us requesting this out of the undesated fund because as a finance team we did
cut the reserve for salary uh line item uh in that budget some of the funds in that. >> Okay, I do remember that. Thank you >> Mr. President. >> If the finance team's done so councilors, I put before you some suggested adjustments to the the transfer
um specifically eliminating all the overtime transfers. If you recall, when we approved the command officers, the police officers, the engineers, and the foreman contracts, they were all done prior to the mayor submitting the budget. When the mayor submitted the budget, none of
the overtime accounts were adjusted. In this in this particular transfer in the five departments listed, streets, fleets, parks, westerly wastewater treatment plant, and the water department, there's transfers ranging
from $40 to $8,000 totaling $21,187.3. I would strongly recommend the council not approve those and eliminate those from the transfer uh for a couple of simple reasons. If you'll see below on the piece of paper, all those
departments are significantly underspending their salary line items because they just can't find people to hire. Not a bad thing, but it is. But to add more money into something that they do not need that we didn't do for the other departments, I don't think is
doing the taxpayers any service. So, I would hope a finance committee member would take that motion and reduce the transfer by $21,187.3. And I will note the fiscal year 25 transfer was 158,000
for uh the equipment operators. This one's $337,000. So, an increase of $178,000. And again, I'm trying to drive home the point. Prices are going up and if we don't have revenue coming in, there's only one other place we're going to get
it because the council has shown they will not cut the budget. >> Thank you, Mr. Chairman. >> Thank you, Mr. President. I would certainly support that. Uh, Councelor Fill. >> Thank you, Mr. Chair. Um, also going and taking a look. I know for example, fleet
maintenance, uh, overtime regular, you know, hasn't been spent at all throughout the cycle. So to echo, you know, councelor Aing's point here, I make a motion to reduce the public works equipment operator transfer by $21,187.3. Uh uh to reduce the undesated transfer from $337,345.98
to $316,158.95. >> Thank you, Go. I will um I will second that. Uh on order number 25-1009561, a motion uh seconded to reduce the public works equipment operators transfer by $21,187.3
as indicated above and reduce the undesated transfer from $337,345.98 to a an amount of $316,158.95. >> Mr. Mr. Chair, >> any further discussion? Council Bible. >> Thank you. May I May I address miss the president? >> Yes.
>> Mr. President, what if all these streets and streets 118 29 89 all these under under um underbudgeted line items for salaries? Why only cut it by 21,000? Couldn't it
be more than that? So the simple answer is yes, but I wouldn't recommend it. I because you're going to set the rest of the items up with what this the true salaries are for fiscal year 26. The departments will still be moving money around. You're
going to see midyear transfers that'll adjust some of the funds as well as end of the year transfers that adjust some of the funds. So I mean I I will tell you right now we will underrun the salary accounts throughout the city. you know, last year was by $2 million,
but we ended up siphoning simmering uh I don't want to say that taking some of it off and moving it to other accounts because they spend more in other ones, which is how the which which is how it works and I and I get it, but I would not recommend that.
You're very astute, counselor vital, but I wouldn't recommend doing that for the other accounts. I would let that ride. >> Thank you, Mr. President. Thank you, Mr. Chair. >> Thank you. Thank you for the clarification on that, Mr. President. Motion's made and seconded. Councelor uh Orman. >> Thank you, Mr. Chair. Uh question. Um I
wanted to hear from the mayor if we could how this would affect these budgets. Obviously, if they're underrun, we can come back and address this before the fiscal year is out, but I haven't had or heard any input from the comproller or the mayor who's in the audience.
>> Thank you. If >> I could maybe ask that question through you, Mr. Chair, to the mayor. >> Yep. Good evening. this uh cut. Would would it be something that we find you coming back at the end of the fiscal year asking for the funds if you ran out?
>> We we will make it work and I appreciate the council always be willing to support if we need to do a year-end transfer. So, just keep that in mind. So, we will do whatever we can and we'll make this work. So, >> thank you, Mr. Mayor. Thank you, Mr. Chair. >> Thank you, Mr. Mayor. >> Thank you.
>> Motion was made. Oh, councelor Robbie. Sorry. Council Rob. >> Thank you, Mr. Chair. Um, councelor Aing, in looking at what we received as the documents with the numbers and in looking what you have, I believe you really mean 51310,
not 000 is the ending number on all the overtimes that I can see on here. And I think you need to specify the number for the public works equipment operator, which I'm guessing is 50740 is the line you want to take it from.
I would agree with the first statement that the the one is missing which is fine. I I I'll acknowledge that. I don't understand the second question. It's just it's the same overtime account and all four the account numbers the same. >> Well, you've got a motion to reduce the public works operator transfer by
21,18703. So, you're taking >> indicated above >> all of these, but you're not reducing these individual lines. You're only reducing one line by 21,000. No, by the five items listed >> the individ individual items.
>> So there is a line called equipment operator. That's that's what's confusing me. So it should say reduce the lines from the requested transfer
as listed above and forget the public works equipment. as indicated above, but I'll I'll word it whatever you want as long as you cut $21,000 out of the overtime. >> Well, that's I just want to make sure that you're doing it by five individual lines versus one line.
>> I think it is. >> Yep. That I mean that's what to me that's how I read it. But if you want it written in a different way, I'll be happy to Well, it's not my job. That's their job. You can write it any way you want. But those five transfers that are individually specified on the transfer sheet should be zeroed out.
>> Okay. Thank you. >> And then just note that is 51310 >> and and motion has been made and second it. Um all in favor one two three four five zero opposed.
That carries. Next up is order number 25-1009562. uh transfer request in the amount of $500,000 from free cash to the workers compensation fund to address a project uh projected shortfall as noted by the comp patroller. I'll read the letter um
submitted by the mayor and this is uh this was from the comproller. Uh, dear dear Mayor Dumis, I respectfully request the city transfer of $500,000 from free cash account to the workman's compensation fund to cover the projected deficit in the trust.
There are several outstanding claims against this account which will likely cause a deficit this fiscal year. This trust is funded through the budget process by means of accounts from the city, the school, the sewer, and the water. Unfortunately, these line items have been reduced throughout the years,
making this transfer necessary. Also, to build the fund back up, I will be recommending the line item for the workers compensation to be increased in fiscal year 2027 budget. If you have any questions on this, please let me know. Respectfully, Brian Owen, comproller.
>> Good evening, Mr. Comproller. Good evening, Brian. >> If you could just uh fill us in a little bit on this. Um I understand how the the process works, but obviously throughout this budget uh throughout the year, there's been more of an increase in the
in the spending in this in this account. >> Sure. So this trust fund is similar to the health trust fund in that you accumulate a balance and then you spend off of that balance going forward. So just kind of a point of reference uh
when I was here in 20 we were putting 1.3 million in this account. In 21 it was 1.1 million. In 22 it was zero. 23 it was zero. 24 it was zero. Last year it was 500,000.
And this year, again, in the budget, it's $500,000. So, um, there's a $1 million deductible on this policy. So, the trust fund really should have a million dollars in it to cover any claim up to a million
dollars. Above that, we have excess rider insurance, and that's what covers the major catastrophe. So, this covers the payroll and all the medical claims. It also in the past has been used for um investigations and things of that
nature. So we you know um this fund needs to be balanced so that we can operate to cover extreme cases. >> Thank you Brian. I I didn't I wasn't even thinking about investigational uh processes going forward as well. I never thought I know rehabbing and things like
that. Um thank you Brian for that. So you're looking at in the in the budget having a million dollars in the budget for for that line item >> in the trust fund itself. >> The trust fund itself. >> So you know like I said back in the day we were putting, you know, 1.3 1.1 million in there to cover medical
claims, all the expenses and leave a balance of over a million dollars in that trust fund. so that if you did have a claim that was, you know, unfortunate that you needed to cover that, the city could cover that without trying to go to free cash or retained or um you know,
reserve accounts or or what? >> Thank you, Council Bible. >> Thank you, Mr. Chair. Um Mr. Controller, uh our work is comp. Do we outsource the management of claims? >> We do. We use future comp to outsource
our uh management of it. They work on negotiating the claim and they work on the medical part of it. So if the bill comes in for we'll say $100,000 medical, they go after the thing and try to get a better discount uh which they have done and
very successful to reduce that cost. >> Do they get a flat rate or do they get a percentage of savings? >> Um I believe they get a flat rate for future comp. We don't I don't believe they get anything off the claims or anything of that nature.
The other thing, as you know, we don't see the line items in the school budget. Does the school budget have a line item for workers comp? >> So, so we do have a workers comp uh line item for them and in it this year it's $470,000
that goes into the trust fund. So, it's under its account 131020003-51710. So, so does that does that indicate that the claims seem to be coming from the school department or >> not necessarily. Uh they're from all over the city. We do break it down
between police, fire, school, city, and we also cover CDA um in that nature. Housing. >> Did you see any major things that jumped out at you at one department that would maybe benefit from safety trainings and other types? >> Uh we are looking into that. We have
talked u about that. there is some education that I think needs to be done with one of the areas. >> Thank you. >> Thank you. >> Thank you, Mr. Chair. >> Thank you, Council Councelor Brown. >> Thank you, Mr. Chair. Um, so you had mentioned that there's somebody who
helps with um or they're contracted to do claims and including medical. Um, do they also provide um subregation services to reclaim money? So, so they'll work with the lawyer and the
lawyers and fight the cases to to plead them out. So, normally if you have a large claim or a claim that's ongoing, you try to settle it and you know, sometimes that's a big hit. So, you need to make sure you have enough in the trust fund in order to pay that claim
out. Otherwise, you can't settle and it just prolongs and prolongs and prolongs. >> Oh, thank you. I was just wondering if they also um if there's ever any situations where we pay out on a claim but then find that maybe um another
insurance carrier or a different person might also be um I guess at fault and would have to pay on the claim. Would we be a is there anybody who goes after those funds to bring them back to us? >> They would investigate that also.
Normally when you do the settlement, you bring in all those parties and try to settle at at that time and everyone pays a piece of it. >> Okay. And then those funds would they just go back to the trust if we were to get >> That's correct. >> Okay. >> Any reimbursement would come back to the trust. >> Great. Thank you. And um I would be
happy to um move to approve during any further conversation. Thank you. >> Motion has been made and seconded. I will approve the uh uh order number 19562 which is a transfer request in the amount of $500,000 from free cash to
workers compensation fund to address a projected shortfall as noted by the comproller. Any further discussion? Council. >> Mr. Chair, thank you. Uh I was very interested in hearing uh what Brian was saying about the u funding that occurred
especially in 2022, 2023 and 2024 at zero each year. What were the balances in those years? Did we still have a healthy trust fund in in those years? Um, >> I'd have to look. Um, I didn't look at each detailed year. I know when I left it was over a million dollars and I know
when I came back I think to projected is 156,000 but that run rate's running high. I'm projecting a loss if it runs the way it is. That's why I'm asking for the funds. >> Yeah. No, understandable. So you're looking at a comfort zone of 1 million in the trust and by the end of the year
the rundown would be a million. >> It'll probably take three years in order to get it back where um to that million dollar level. >> It will. So that tells me we have a lot of cases to resolve. >> Um I'm not going to hit the budget in one year. You know, it took three years of zeros. I'm going to take three years
to get it back to where it needs to. I mean, if we have an exorbitant amount of free cash or some excess funds, you know, I would probably ask to tap into those, but in the current budget restraints that we have, I'd probably try to grab $200,000 more additional to build that up over the next couple
years. >> I appreciate you looking into this instead of being shocked in another year or so. So, that that's good being proactive. I appreciate the proactiveness on this. Another question that came up on safety. I know the Mass Municipal Association through their
insurance agency offers training and so forth. Um I'm not sure if we're entertaining those services from MMA and I believe you can get also some rebates or whatever you wish to call them. If you have that training completed, where do we do you know where we stand or
maybe the mayor? >> I do. >> So we do rewards with them. I think that's what you're talking about. The rewards credits, you know. So myself and the procurement officer u just talked with me probably less than a month ago regarding that um and looking even to see maybe we don't self-insure workers
comp maybe we try to use meer as an option with workers comp um trying again looking at all avenues um but we definitely do the training a lot of it's you know DPW and driving and things of that nature but there are some um other ones that apply for those credits we do
well with the credits >> and money can't buy you back say if you lost your eye or something. So, I really appreciate the city continuing to stress safety training. So important. Thank you. >> Thank you, Council Councelor Ducet. >> Thank you very much, M Mr. Chair, and my
apologies for being late. It might have been covered sooner. Um, but how frequent are these lodge settlements? I mean, is this something that happens every couple of years or a couple of years? Like a couple every year? >> Can't really say. Um there has been one
this year settled. I know there's two that may try to settle. Um it seems to kind of come in waves tell you the truth from my history in the past. You've been here a little while. You don't have many then the next year you get clob and I
think that's part of the problem why they were doing zeros. You know they might have had some good years then and they're like well we don't see the run. So >> you know I look very forward thinking especially with the reserve accounts. Um, and that might have been the case and now they're catching up to us.
>> Thank Thank you. Council Austin. >> Thank you, Mr. Chairman. Um, Brian, for fiscal year 26 and our current budget between the city, school, water, and sewer department workers comp accounts. We funded it at 5, a little
over $500,000. So, this transfer will make it over a million. What are you what would you be projecting for fiscal year 27 for those four workers comp accounts? >> I'm probably going to add $200,000 to that line those line items going forward
to add 200,000 each fiscal year in order to get that closer to a million dollars after three years. >> Okay. So again, councilors, another increase to the budget just to be aware of that's coming to fund this. >> Thank you, Mr. Chairman. >> Thank you, Mr. President.
Council Robby. >> Brian, can you clarify? Is the trust fund the same thing as the line item in our budget? >> No. So, the trust fund is a separate account like the health insurance and we hit the line items for the activity,
but everything goes through the trust fund. >> So, the 500,000 just referenced in our budget is different than the you said 100,000 in the trust fund currently. So what I do is I do a transfer through the uh Diane's office through the accounting
office and transfer the funds from these line items into the trust fund and then we expense out of the trust fund. Very same way we do health insurance. >> Okay. So it does become the trust fund. >> That is correct. >> So the 500,000 that's in there now
plus this 500,000 does get us to a million, doesn't it? >> Correct. But I anticipate a run rate of um $600,000 in medical, $300,000 in salaries. So I'm going to eat up 900,000 on that. >> Okay. And and would you anticipate then
every year we would add that 500,000 again? >> I'm probably next year going to ask for 700,000. Not hopefully not through free cash. I'm going to try to do it outside in the budget, but like I I mentioned, unless there's some large claims that I have to come before you sooner or if we
have excess free cash that could take a little bit off to help this out, I would look into that. >> Okay. Thank you. >> You're welcome. >> Thank you, Counc. Motion's made and seconded. Uh all in favor carries. 1 2 3 4 5 to zero. >> Thank you very much.
>> Thank you. Thank you, B. Next up is order number 25-1009563 uh transfer request in the amount of $612,39056 uh for a uh for transfer uh from free free reserve for salaries and free cash to various accounts to fund the remaining balance of the collective
bargaining agreement uh with the local 1714 international associations of firefighters. AFL CIO CLC and I'll briefly read the uh letter submitted uh by the mayor. Honorable President Osing and counselors, I'm submitting for your
review and approval a transfer from reserve for salaries uh from the undesated fund to fund the remaining balance of the collective bargaining agreement for the fiscal year 2026 between the city and the local 1714 international associations of
firefighters AFL CIO CLC uh in the amount of $612,39056. If you have any any questions, please feel free to reach out and contact my office, Jay Christian Dumis, Mayor. And I'll open that up to the uh the uh
finance team with any questions. Council Brown. >> Thank you, Mr. Chair. Um, just similar to the previous item, um, I know councelor Oing had submitted something and, um, I just want to say out of that
that I would support this additional reduction similar to the one presented before because I think as um, President O had mentioned with all of the increases and um, transferring money out of the undesated account, I just I feel
like this would be the most prudent thing to do and It doesn't look like it would put any um any department in a bad situation. Thank you. >> Thank you. Thank you, Councelor Brown. >> Councelor Fill. >> Thank you, Mr. Chair. Um on that same
note, um I agree with Councelor Brown and and on councelor uh Aing's addition here. Um or I should say reduction. Um and looking at the accounts now, I mean um uh additional gross overtime has 371,000. um overtime vehicle uh 37,000 um and
call fire overtime uh 89,000. So I you know these accounts will be well funded even with this reduction. So um on that I move to reduce the fire department transfer by $49,74689 as indicated above. So, additional gross overtime, overtime vehicle maintenance,
CallFire OT, um uh uh and to reduce the undes transfer to uh from $189,763.20 to $140,000 uh $140,16.31. >> Thank you. Thank you, Council. I will uh
I will second that. Motion has been made and seconded on order number 25-1009563 uh to reduce the fire department transfer uh by 49,746.89 as indicated above and reduce the undesated transfer uh from $189,76320
uh to $140,16.31. Uh the total transfer to be approved is $562,64367. Any further discussion? >> Mr. Chair President. >> Thank you, Mr. Chairman. So, I want to thank councelor Roby. I found where my mistake was. I copy and pasted the fire
department overtime number. So, thank you very much for finding that. My bad. Um, again, councilors, if you look again, the fire department contract was approved after the mayor submitted the budget, and we approved a transfer for $240,000 to fund fiscal year 25. As you can see,
fiscal year 26 is 612,000. So, that's an additional 366,000 for fiscal year 26, and it's going to be even more for fiscal year 27. So again, I would encourage you not to increase these overtime accounts and
delete the three items I have listed totaling over $49,000. There's sufficient funds in there now. And again, through October was $688,000 under spending salary line items. So
there's money in the budget should they need it to move money around. Thank you, Mr. Chairman. >> Thank you, Mr. President. Motion's been made and seconded to approve. All in favor? 1 2 3 4 5. It carries 5 to zero. Thank you, councilors. I will
>> Mr. >> I'm sorry. Could you I recommend that you do a suspension of the rules. >> Thank you. >> At the November 17th meeting to approve all four items. >> Thank you, Mr. Thank you for your reminder for all four. Is the finance committee okay with suspension? Thank you, Mr. President.
>> And that did carry. Uh five to zero. I will entertain a motion. Motion to adjurnn. >> Motion's been made and second to adjourn. All in favor? 1 2 3 4 5. We are adjourned at 7:03 p.m. Thank you. Finance. I'm going to call the city council urban
affairs committee meeting to order. It is 7:06 by my computer. Um we have multiple items on our agenda with the original posting and then additional posting and more additional postings.
I'm going to start off with the posting of November 10th. It has the two items, the sign, master sign, and then we'll start with um Lazot Drive. So, I'm going to call up uh Scott Spalding is here from Viewpoint Sign and
I believe he said he has the owner with him and we can go over. Also, I think Karen, did you pass out the document I asked you to copy? or did you give them all to me?
>> Oh, okay. All right. Um, do you mind? I No, Karen. Sorry. I um because we had approved a prior master sign plan for 910. Oh, I'm sorry. First,
I should read the order. The first item on our agenda is order number 251009579, a request for approval of a master sign plan for 910 Boston Post Road East to include an internally illuminated pylon sign within the Wayside zoning district.
So we had approved in 2023 a master sign for this site. So looking at it and looking at the information that we received, I was confused. So, I talked to the building department today. Um,
the com building commissioner is on vacation, but I talked to Ethan, one of the um people. So, the document that I'm passing out is his suggested I I can't make motions, but it was kind of his
suggestion on how to word this to clarify exactly what we're are what we are approving. Um, so I think uh Mr. Miss Balding, if you want to go through what you gave us for signs.
>> Sure. >> So, the um what spurned this is um Raphael really wanted to put up a freestanding sign for his tenants as he's put a lot of money into the building and now that it's become more of a retail storefront. Um, currently
there's a freestanding sign for Greek Greenold that's in the state easement that we would be removing upon approval. We did try to approach state to see if we could put a sign there. The state basically said, "We don't want to let
you do anything. Uh, if we approve something prior, we don't care what you do with it, but we're not going to approve anything." And so that's when we regrouped um and came up with the freestanding sign before you which is
uh as of right except the two things we're asking for one eternal illumination and also relief from the 5-ft setback is the sign's already set back 15 ft from the road. So, we're putting it just not quite but up to the
property line. Uh, basically further back from where the existing green gold freestanding sign is now. Um, as Go ahead. I'm sorry. >> Oh, go ahead. >> Yeah. As part of this, I was told to come up with the master sign plan. So
the um and you had brought up that so we had I had originally approached the time we have four um sign bands on the building that are non-illuminated. Um and I tried to get a permit for it but they were blank and when I talked to
the building inspector he said well all these signs are in compliance in area but because you're not putting any copy on them you really can't file for a permit. So when tenants come in and put their copy up, that's when they would apply for a permit. So that's what the sign name is there. And as you brought
up to us, we weren't aware that a tenant went ahead put something on the sign without applying for a permit. But we'll we're going to take care of that with the tenant and let them know they either have to come in and apply for a permit for that sign or it's going to have to come down. Um
>> we go ahead. Go ahead. >> Oh. Uh, I also listed the existing signage on the building that had been previously approved and permitted. Most of that on the side of the sign of the building. Um, should tenants vacate
those spots, Raphael's desire is to mimic what we did on the front of the building, so everything's unformed, but it's kind of hard to go to them now and, you know, tell them to take their signage down. And it actually would be
harder because the language that I have is taking the sign dimensions and the fact that they are illuminated specifically from the dimensions on this. So when I talk to the building department,
if a new tenant comes in where greenold or um gray craze, they can change their information, but the sign stays there exactly as it is. >> Correct. Which with some of Yeah. Some
of them are signed boxes, so that can be done. But where there's channel letters, you know, that can't be done and they'd have to conform or they'd have to come back, you know, before council, I guess, as part of the change to the master sign plan. Not sure exactly how that would
work, but um >> yeah, cuz it it specifically gives the it doesn't say what's on it because the signs don't matter what it says. It matters the size of the sign. So to make sure that the signs fit into
the overall building um and the square footage of the building, we know that these match. So the sign would be 54 wide by 160 for the channel letter. So so long as if you replace that, so long as it fit in
that >> Yeah. >> area, I think you're okay. >> Yeah. But again, the the desire is to, you know, it's kind of a mishmash there on that side. And and correct me if I'm wrong, but his desire is to have everything uniform. So, as you see the
front as tenants vacate new signage, the idea would be to match it and have it all uniform sign type of sign areas. >> All right. >> Same type of signage as you see. >> Maybe we take that one step at a time. For now, the master sign plan is
approving what exists and the language specifies it. >> Yep. >> I don't Did I give you all the copies back, Karen? Because I don't have one now. >> And I if you can give one to them so they have it. Um
but basically, >> okay. Um I had driven by to look because I was curious about the pylon sign. So when I went back and looked at the original permit, it was also made clear that at that
point they wanted an illuminated sign, but because it was not on the property of the owner at the time, they refused to let allow it to be illuminated. So that's why the current pylon sign on 20 is not illuminated. Shifting it onto the
property would allow it to be illuminated. The signs on the side of the building we permitted to be illuminated. The ones on the front of the building are designed to not be illuminated. So that's why the
language specifies. So >> well they're they're externally illuminated. Do we have lights over those? Were lights put over those? >> I think we can go. Yes, they do have internally illuminated. >> No, I'm just talking about the signs in the front of the building. >> No, it's not. >> They're not right. And you could certainly add lights on the building
with an electric permit to illuminate those or you could put something on the ground to shine up. That's what we preferred when we designed the wayside zone that signage not be internally illuminated. We've been approving permit
requests to illuminate as they come in because we just seem to especially if a strip mall has already existing internally, it's kind of hard to force a new tenant to say no, you can't be. Um, so I I think that
there is an understanding that um we had already approved illuminated signage. Uh I'm going to stop talking and I'm going to open it up to councelor Naven for a question. >> Thank you madam chair. Just a question on what you were just saying. So um I wasn't here when the wayside district
was done but so that's mentioned when the wayside district was created internally illuminate signs are preferred or they are not allowed unless we approve. The language says
within the Wayside zoning district section 65037I 1D allows for only internally lit signage. The actual language says signs, logos or cabinet should be externally illuminated
where possible, otherwise with translucent or transparent faces if no reasonable alternative is possible. So yes, they're supposed to be externally illuminated. We have approved multiple internally illuminated
>> to my sugar >> and then one that wasn't when we approved McDonald's. >> Yep. >> Wayside. >> Okay. >> Finished. >> Um with questions. Yes. >> Okay. >> Councelor Ducet. >> Thank you very much, Madam Chair. Um the
the problem is is that the technology is chasing way ahead of us at this point. I I think if we look at the simulated night view of this, you know, the the letters are back lit. They're not lit from it from inside but from behind, which is a very very striking way to to
show a sign. So I think having this uh you know uh detail I think actually draws attention to the building. So, I I think that's actually very good and it's um that it's it's a new type of lighting that I think we should actually consider
including or at least allowing within the district. >> It it's really referred to it's actually it's not something new. It's it's been around I've been doing this 32 years. Um it's called stencil cut. So, basically your typical retail face is this big
piece of plastic that lights up. This is a metal material where we only cut out the logo part of the sign, back it up with acrylic, so just the um just the letters light up. Um it's more preferred
at more uh boutique >> malls like you might see in, you know, in Hyannis or Chestnut Hill or um and it's not as um how do I put this? maybe as garish
>> um you know where it's just like this big box lighting up. It's just really focused on the tenants and it's not as intense. It's actually more legible in my opinion >> at the same time that's more less distracting. I did kind of design it
this way knowing that you know the ladder is not always preferred in that area. Mhm. >> So just to clarify because you as viewpoint sign and awning created this you created this picture that shows the
future tenant with really no detail because you don't have them for names. Not that that really matters but you've got sizing, you've got specificifications, yet a tenant went to a different sign
company and bought a sign. So there's nothing that makes them have to come to you to get their sign. >> They they should go to the building permit and then the building department would make sure that it matches what we're creating. >> Yeah. I mean that's entirely up to him
to who he makes and goes gets assigned. Some landlords that we deal with do make them come to us, some don't. It's just it's totally up in the air. But um you know they should have had him sign an authorization and you know had him
approve it and the sign company should know that they had to come for a permit. I I mean that's you know we just we had no knowledge of it >> and that's kind of why I added the specificity in this what we're approving as the master sign plan. So although it
doesn't specify well it does say you created the picture but it doesn't say they have to go to you necessarily correct >> but the sizes are there so there are >> yeah they're predetermined sizes >> and the others are existing so >> correct
>> um unless you get a new tenant and there's a decision to do something different we'll deal with that. >> Those are those are static signband areas that won't change. So, whatever the tenant has, they have to fit it within that square footage. And that was part of my discussion. I I wasn't going
to put up bunch of blank, you know, sign panels if they wouldn't comply with code. And I was told, "No, you're fine. That just once copy goes on there, they have to come apply for a permit." >> Right. Well, and while the building is set back, the sign, the new pylon sign
is going to be on 20. It's going to be lit. It's going to have the names of all the tenants on it with the lights. So, as you're driving by, that's what's going to be your focus. Not a sign on a building necessarily. >> Um, may
the signs on front of the building, those are the ones that you were just referring to. >> Yes, sir. >> Yes. >> Thank you. Sorry about that. So, just to quickly reconfirm, the four signs on the front of the building will be stencil cut. The pylon sign, >> well, the four the four signs on the
building are just static sign band frames that have inserts that have dimensional non-illuminated letters on them. That was that's what those are on the on the physical building. >> So, is that in line with kind of what you've what you see in the area? Is that
was that like a panel back? It was an aesthetic choice more than anything to just kind of like you said he's done a lot of work to the building and wanted to cross it more and you correct me if I'm wrong but semi-professional building front and he was trying to you know
bring in a certain retail clientele and just wanted to keep it simple clean and >> you know white letters that's what the choice >> I will throw out if you haven't driven by it when you look at the building those four black boxes are actually on
the building now with with except for the one on the far right. Nothing >> in them. >> The tenant on the far right did go and >> get a sign. >> Yeah. And I should know I mean the investments that have been made in the property certainly have improved the physical appearance from the road. So
kudos to the owner. Um and then so the pylon sign is just your typical that's your plastic coat with just the the lights behind it. Well, that that's >> on the where >> that's where the stencil cut faces come in where the background of the sign does not illuminate just the letters
>> on all the businesses or just on the 910 Boston Post Road East. >> The the on all the businesses as well. The 910 Boston Post Road East I believe and I been working on this for over a year so I apologize. um are just halo lit letters.
>> So the light comes out the back or we did edge lit where it's just around the edges, not face lit. >> Okay. >> Thank you. >> Councilor Presciato, did I see your hand? >> Yes. Um good evening. I have a couple questions. Um do you have plans on
having a like a timer on this sign um for hours of operation? Well, all signs have a some sort of timer or a light sensor, but whatever the the code distinguishes when signs go off. I don't know if Marbor I can't remember off the
top my head. I deal with towns from here to California. So, I've done a lot in Marorrow, but I can't remember the exact code. Whatever the um whatever the you know, when do when are signs supposed to shut off? Does it have to do with operations? And I'm sure 24-hour ATMs
and 24-hour places are different, but I would imagine everything's done there by midnight. >> Midnight where it can be done from like 7 to 7, you know. >> So, they won't be running either way. >> I mean, it's not it's nice to have it on after business closes to give them some
exposure that they're there, but I don't know what the code. Yeah, >> we actually did have in the language of the prior uh sign a all signs at the locations are to be turned off when the business is closed. So I think at this
point your longest open business would be the marijuana establishment. Um, and it doesn't say when all businesses and so I don't know about the other the
shakuderie when they close. I don't and the I'm not sure about the >> usually for freestanding multi-tenant signs there's there's usually a um I mean it depends. Some you see on
all night, some if the town has has a shut off date on them. Um, well, I I know this because we went through this out in Michigan for Planet Fitness. That was actually a 24-hour Plan of Fitness and we had to go actually had to go to
ZBA to get permission to leave the sign on all night. >> Um, but I don't know what Marboral >> I don't think we have. I'd have to double check. Does anybody have a preference? Do we want it? >> I think I've seen other pylon signs on
all night long. I mean, not that I'm roaming the streets at 5:00 in the morning to know for sure, but >> Well, it wouldn't be 5:00 in the morning. I I I think, you know, just for consumption and, you know, usually the timers have them go off anywhere between
1 and 3:00 a.m. It depends upon the time of year, you know, when they go on. when they, you know, summer it's like the, you know, >> right, the pylon but >> on to late and sometimes they >> but the signs above the doors on the side of the building that you can see if
you're heading east, those can be turned off by the tenant. >> Yeah. When they shut down are controlling those. >> That's correct. The tenants there have control of their Raphael bought the building. They were already there. So whatever >> tell you when they're come those are
coming on or off. >> Okay. So we could add in language that would be the three illuminated sign the three existing illuminating signs are turned off when the business is closed and I don't know if anybody cares about the pylon council ducet. >> Yeah I I would say make no reference to
when these signs turn off and on because they should just conform to whatever standards we have for the city. I don't want to make anything exceptional here. Just say you know if we don't mention it they have to live within the standards of the city. I'm fine with that. Well,
the current signed permit does mention it. It says that they're supposed to be turned off when the business is closed. So, the three lit signs on the side of the building should not be on when the business isn't open. >> Sure, but that's >> Do we want to continue with that? Is it? >> I'm sorry.
>> That's not part of the pylon. We're just doing the pilot. >> No, the pylon. Well, that's what I'm asking. Do we care about the pylon? Can it just stay on? >> I'm fine with it. with no language specific to the pylon, but we're okay with adding in the three
illuminated signs are to be turned off when the business is closed. >> I think the if if it was a way to have it so that the address part of the business is on and underneath is closed, that would be good when businesses are off. >> I I agree. I was just about to say >> and that's it's hard to tell with your
pylon whether the description says it's internally illuminated but it doesn't say whether the top is. So you can make it in the top part internally illuminated. >> The top is the well the top the
dimensional channel letters that shine out the back. You know that they're not face lit. They're we call them halo lit or edge lit. It's it's subtle lighting that comes out of the back of the letter. So that's why we're not saying the top is internally illuminated.
>> Okay. >> Well, >> they're actually dimensional physical really nice, you know, >> but it's not a light on the ground or a light on the building shining on the sign. So I think that internally illuminated regardless >> they're internally illuminated
individual letters is what they are. >> Okay. So, >> so they are internal. >> That I think is the difference and how it's internally illuminated isn't relevant to us. >> Saying that's probably why it's not >> we wouldn't usually word it that way on the drawing. Just standard.
>> So, can you make the number the address stay on all night and the other shut off? >> Well, the only way how can we do that? Um, that would mean two separate circuits
going to the sign basically. >> Is that an issue? >> I'm not the electrician running power to it. So, >> does that make a difference? >> It might not be the only way, but I've never had that request in 32 years. So, I can't
>> Is there other signage on the building for the address so when the police need to know where they're going that it's lit? I don't think there's a late address. No. >> No. So, this would be notification for police and fire.
>> Um, is that an issue that then does if it's a question of whether they can separate the two? >> It is. >> If it's on >> Yeah. >> Um, so I if they can separate the two, that would be great. If not, I think uh
I it's important at least that the letters are illuminated of the build, you know, of the building on the sign. So, if the only way to do that is to keep the light, keep the entire uh signs on illuminated, then so be it.
So, do we want to word it somehow that if possible keep the top on all night and shut the rest of it down when the last then that means whoever is the last business or do we want it on a timer
because I'm green gold going out the door. They're not going to go to the street and flip a switch probably. >> No, it's all based on timers. >> I would assume it's all on timers. >> So, it's on a timer. Yeah, they're on they're on timers wherever the um >> you know, again, I'm not this this is
something we still have to work out with with his you know, with the electrician, >> right? So, what time do >> where where this sign's going to be breaker to where we're going to tie it in, but it wouldn't be to a tenants breaker. It would be probably to your Do
you have a main breaker there for the building panel? >> Yes, we do. >> Yeah, that's where it would go. Not one the tenants control. one you control, right? >> That's correct. >> Okay. So, what time >> that's where it happen? Do we have enough circuits there to do that? I don't know. Is there
>> um some fun way other way for me to figure it out? Maybe. I just haven't. Um >> Well, we want to let you have the option, but I think the preference is to have the top stay all the time and the rest on a timer for what time? Um, >> so that you think the latest business is
1000 p.m. So I would say around there 10 11 is fine with me. >> I think we have to say it being the last business closing. >> I'm sorry. >> The the um the sign needs to stay lit until the last business is closed. I
don't want to put a time on it. I want it to be based upon an operations. Well, potentially someone else could come in there that stay stay open later, >> whatever. >> Yeah. >> Or if Green Gold, heaven forbid, Green Gold Group moves out and someone else moves in and the time changes.
>> I don't think anybody's going to be open later than 11:00 and that would be a package store. So, we could probably just say midnight and be done with it. >> Yeah, >> that's fair. >> Midnight. That's fair. >> All right. So, the sign will go off at
midnight. I'm going to add the sentence. >> But what if we cannot figure out how to do >> then the whole thing stays on and or the whole thing goes off at? >> Yeah. What's your preference? The whole thing goes off or the whole thing stays on. >> Madam Chair, >> counceloring.
>> Thank you, Madam Chair. So, you want a quick review? There are no hour restrictions for we can set whatever we want for the signs, whether it's the top part, the middle part. My personal opinion is just keep it all the same. Let Let's shut it off at midnight. Turn
it on whenever you want. I mean, the lighting helps. It's It's on Route 20. There's no houses there. It's a business. So, you know, I I'm okay. I mean, I'm trying not to make life too difficult for the folks putting the sign
up and for the folks trying to run a business. >> So, I I would be good with midnight for the whole thing. >> The whole thing. >> Yep. >> Councilor Vital. >> Thank you, Madam Chair. this if you're driving west on Route 20, this is basically the first sign people are
going to see um in the city. And I think it's going to be I think it's going the internally illuminated pylon sign is going to be really sharp. I mean, that's a nice looking sign that they're going to see similar to the one that was given an example about the dental uh the dental office up on Bolton Street. I say
right up until midnight would be fine. >> So, everybody's okay with that? So, um, the language that I had proposed is to move to approve a master sign plan for 910 Boston Post Road that supersedes the master sign plan approved on October
23rd, 2023. This master sign plan includes number one, an internally illuminated pylon sign depicted by a copy of page labeled pylon sign 1 and two by viewpoint sign and awning 18 ft tall by 9 ft by 1 in wide. Number two,
three existing internally illuminated signs on the west side of the building with specific um heights and lengths that I'm not going to read. And number three, four signs along Route 20 side for future tenants.
Each sign 8x 20 not internally illuminated. Adding in the language about the signs, the three illuminated signs will be turned off when the business is closed. and adding in that the pylon sign will be turned off at
midnight. >> Okay. And then I don't know about when it comes back on in the morning. Do we want it turned on a timer from midnight to >> 6? >> Well, it's it changes from year to year. So, they usually go on around dusk. >> Okay. >> So, I mean during the summer I'm not
turn a sign on at 5:00 when it's sunshine. >> So, turn the sign off at midnight. is LED, but it still costs money to run >> and turn on at dusk. >> All right. I know that was a lot um especially with the additions. Does
anybody have questions on that language? Want to councelor Fill. Sorry. >> No problem. Thank you, Madam Chair. Just a question of clarification when you were reading back some of the additions that we've made. Um so midnight will just be for the time sign. The three internally illuminated signs are going
to be when business clo or when business closes the last business. Correct. >> Yes. >> Okay. Thank you, Madam Chair. >> Well, that's what their current permit and approval reads as. So, >> right. So, we're just going to keep that language. Um because currently the pylon sign isn't illuminated. So, it would be
the three internally illuminated signs are to be turned off when the specific business is closed. Okay. Somebody needs to move that language. >> Move to approve a master sign plan for 910 Boston Post Road East that
supersedes the master sign plan approved by October 23rd, 2023. This master sign plan includes one an internally illuminated pylon sign depicted a copy of page labeled pylon sign one and two by viewpoint sign and awning 18 in 18 ft
tall by 9 ft 1 in wide and two three existing terminally illuminated signs on the west side of the building. 1 38 ft x 60 ft uh 4 in wide. Okay. Uh by 60 in and 180
inch wide and three four signs along the 20 for future tenant signs. Uh illuminated till midnight, right? >> Okay. And you added in about those illuminated signs being turned off when business is closed and
>> when business, right? Yep. Okay. All right. It's been moved and seconded. Is there further discussion? All those in favor of the master sign plan? One, two, three, four. All those opposed.
All right. We have So, I will um get this written up. I am not sure if we can approve it when it's reported out. I don't remember how we
did it. I think at the last time we did this, I actually asked for a suspension so we could approve the master sign plan. So, if you're in a hurry, I could try the same thing. >> I'm sorry. I'm >> I could have I need to write up a report that would have the language the
specific language of the master sign plan. >> Okay. I would report that out at our November 17th council meeting and then I could ask for a suspension to actually have the full council approve that master sign plan. Okay?
>> Because this is only a recommendation. It has to get approved by the council the full. >> Okay. Do we need to come back for that? >> You can if you want, but if it's approved, you will get notified. So there isn't really a reason for you to come back. >> Okay. So we're not getting an approval tonight.
>> Not tonight. No, we're only a committee. We can only make a recommendation. >> Okay. So then on and you said that's when >> 17th. >> November. So next week. >> Uh yes. >> Okay. >> We're getting there. That's why we have
so much on our agenda tonight because we have a lot we need to do on the 17. >> So this is not an official approval tonight. >> No. >> Okay. You just make a recommendation and then they vote on it. >> Yes. It'll take six votes to approve the
master sign plan and then >> six. So, um and then once that is done, you will hear from the city uh the city council office. They'll let you know if you're not here that we either did or didn't approve the master sign plan and
then you can take the next step. >> But at that meeting, we're we're silent basically just listen >> correct >> to see what the outcome is. Okay. Thank you. >> All right. Thank you. Thank you very much. >> Thank you. >> And thank you everybody. I know it was
a lot going on for a sign signs. Okay, now can have the fun begin with attorney Faulk and all of his work that he's got
going on. So, we're going to take up order number 2519483, the application for a special permit for attorney Faulk on behalf of FD130 Lazot LLC to convert an existing office building into a multif family dwelling
unit 72 and to erect two new buildings for multif family dwelling use. 113 units for a total development of 187 residential units. all for sale condominium units to be known as the Glenford at Lake Williams condominium
community to be located in the Lazot Drive Overlay district. So, attorney Faulk, thank you. All right. Ready for me? >> You want to have anything you want to
say? Opening up. >> Sure. I can I can uh summarize. So, for the record, thank you, Council Roers. For the record, Brian Faulk with My 100 Front Street in Worcester here on behalf of the applicant FD130 Lazot LLC, which is an affiliate of Ferris Development.
Um, here with me on my left is uh Brian Charville from Ferris Development. on my right, Tim Hayes from Bowler Engineering. We also have representative from MDM Transportation um with us if there are any uh specific questions about the traffic impact assessment we submitted. Um mentioned this is
application for a special permit for a project we're calling Glenford at Lake Williams. This would convert the um large empty um 10 years or more empty office building at the top of um Lazot Drive to 74 residential condominium
ownership units. Um we'd also be taking the existing and underutilized parking lots um in that area and adding two new uh residential condominium buildings there as well. So the top of the culde-sac it would be a 50 unit fourstory building. Um and midway down
Lazot Drive we would have a 63 unit fivetory building. Um both the new buildings would have 50 parking spaces in a um subsurface garage under the building in addition to surface parking. Um zoning requires um 281 spaces for
this um 187 units that we have. We're providing 311 spaces. So a surplus of parking um will be available. Um and this is the Lazot Drive overlay district. Um which the council adopted in July of last year. Um it was a
unanimous 11 to nothing vote to adopt the overlay district to help allow for the you revitalization of this um uh former office area. Um, so the new buildings, there would be a mix of one bedrooms and two bedrooms, roughly half
um, in each building, no three bedrooms. Um, we had our public hearing on July 21st before the council. No one spoke in opposition to the use. Um, in the interim, we've been working with the fire department to address some concerns they had about uh, being able to get around um, the building at the top of
the culde-sac, what we call building one. Um in discussions with the fire department, we moved that building about 10 feet in into um the property which allows for a 16 foot wide fire lane around that building. Um so fire will have good access around that building.
It has access around the current office building as well. And the new building um further down Lazad Drive um has almost um three sides um access to fire. So fire department um has given their approval of the of the plans submitted
um on those grounds. Um we submitted a draft decision um to the council. We received feedback from department heads. We then updated the decision uh to address a number of concerns that were raised or requests from department heads. The last version yielded no
additional comments from our department heads. I mentioned we also submitted a transportation impact assessment u by MDM transportation um and we included a number of traffic um condition transportation conditions in the draft special permit um based on some of those
recommendations. Um in response to comments from the city engineer, we added a condition to the special permit where we will be repaving Lazot Drive from Jackson all the way to the top of the culde-sac once we're done with construction. Um, we also added a
condition where we would make a payment of $25,000 towards the Lake Williams trail system for maintenance and enhancement of that trail system. Um, finally, we we in response to uh comment from Priscilla Ryder, conservation
agent, we did a balloon test on Friday and Saturday um to demonstrate the um proposed height of the two new buildings, building one at the top of the culde-sac and building two. Um we raised the balloons to um a little bit more than what the height of those
buildings would be. So building one's going to be a little over 46 feet. We did a balloon to 50 feet. Building two would be about 59 ft. We did the balloon to 60 ft. Um I went out I don't know many others who may have gone out and taken a look. I went out when the build
when the balloons were at their height and um building one the balloon the top of the culde-sac was below the tree line and it was a nice clear day on Friday and I went on the farthest edge of Lake Williams to take a look and I could not see that white balloon anywhere above the tree line. So, um, that balloon was
set at the at the closest point of that building at 50 ft, which is just above what the, um, top of that building would be, and it's not visible ac across the Lake Williams tree line, which I know is important to a lot of folks. Um, finally, the special permit um,
references some dimensional waiverss that we're looking for. The overlay district allows for some modification of the dimensional requirements. Um, and those are detailed on the um, site plan that Bowler prepared and it's referenced in the draft decision. Um, with that,
happy to take your questions and review the draft decision. Appreciate your time. >> All right, I will go through the draft decision in just a minute. I know I did walk I did the uh floating walkway starting at the courthouse corner, walked across um both at the corner and
anywhere along the path. I could not see the balloon. I walked up the hill that goes up to Lazot Drive. couldn't see the the uh balloon until I actually got onto Lazot Drive and walked up and stood in
the parking lot where I saw the balloon for the the building that as referenced is closest to the trees. Um what I was able to see was 495 off to the side of the building. So, I know that that will
be as as many people that live all throughout Malboro talk about hearing the traffic from 495, I'm sure these residents will, too. Um, but the trees themselves or the the building itself, I do not believe will be able to be seen
from the courthouse, which was the request of the conservation department. Um, I did also walk down to see when I looked at the balloon on the lower, it was tangled in a tree. So, I untangled it, got it to fly as straight up as it
would go, but it's also on a downhill. So, I don't think it's an issue either. So, I don't know if anybody else had a chance to go look. I did not see anything from comments. I put it on Facebook just to let people know. I don't think and I think Priscilla said
she went and looked too, so I didn't hear anything from her. So, we have the revised as um Attorney Fox said, I know we had received a document that included comments with a
lot of detailed comments from uh both conservation and then from um DPW which then were actually incorporated. So, I'm not going to read through the comments at this point, but I will point them out
as we go through. Um, the police chief, the fire chief, and board of health all had no comments. So, I think the points that were raised by um conservation and DPW have been taken
into consideration with the amended language. So we will begin reading the decision on a special permit order number 251009483. The city council of the city of Marble grants the application for a special
permit to FD130 Lazot LLC. the applicant to build and operate a threeb building multif family project as one or more condominiums with 187 residential units off of Lazot Drive as provided in this decision and subject to the following
findings of facts and conditions. Finding of facts number one. The applicant FD130 Lazot LLC is a Massachusetts limited liability company with an address of 118 Tur Pike Road South Suite 300 Southboro, Mass. 017752.
Number two, the applicant's the owner of the property located along Lazot Drive in Malboro being shown as parcels 2A and 83 on assessor's map 90, the site. Number three, in accordance with article 6, section 65039 I of the zoning
ordinance of the city of Malboro, the applicant proposes to build and operate at the site a three building multif family project consisting of a converted office building with a total of 74 residential units, two new buildings
with a total of 113 residential units, on-site parking, open space areas, and residential amenities. The use in quote in uh each building or one or more of the buildings together
may be organized as its own condominium and constructed in phases at different times. Number four, the site is located in the limited industrial district and the Lazad drive overlay district. Number five, the site has an area of
441,331 square feet, give or take, as shown on the plans referenced in paragraph 7 below. Number six, the applicant by and through its council filed with the city clerk of the city of Marble an application for a special permit for the
use. Number seven, in connection with the application, the applicant submitted a certified list of a butters filing fees and a detailed site plan entitled site development plans for Glenford at Lake Williams by Bowler Engineering with a last revision date of October 10th,
2025. A set of architectural plans entitled 130 Lazat Drive multif family development by Monty French Design studio with a last revision date of July 22nd, 2025 and a set of architectural
plans entitled architectural plans for 130 Laz Drive by DMS Design LLC with a last revision date of April 25th. Collectively the plans here to attached is attachment A. >> Madam Chair, >> councelor Oing. Thank you, Madam Chair.
The uh October 10th, 2025 plans are actually dated October 2nd. I confirmed that with Priscilla earlier this afternoon. So, if you could change the 10 to a two, that would be >> Are these the documents that were just delivered to us tonight? >> That is correct. >> All right. So, we'll change the 10 to
two. >> Yeah. >> Because I know I had said I don't have October 10, 2025, and I didn't have the architectural. So, the other >> that's a quick fix. All right. Um, number eight. The
application was certified as complete by the building commissioner of the city of Marorrow, acting on behalf of the city planner for the city of Marboro in accordance with the rules and regulations promulgated by the city council for the issuance of a special permit. Number nine, pursuant to the rules and regulations of the city
council for the city of Marboral and applicable statues of the Commonwealth of Massachusetts, the city council established a date for a public hearing on the application and the city clerk for the city of Marorrow caused notice of the same to be advertised and determined that notice of the same was
provided to a butters entitled thereto in accordance with applicable regulations and law. Number 10. The Marble City Council, pursuant to Massachusetts General Laws Chapter 48, opened the public hearing on Monday, July 21st, 2025. The hearing was closed
on that date. Number 11. The applicant through its representatives presented testimony at the public hearing detailing the use describing its impact upon municipal services, the neighborhood, and traffic. Number 12. At the public hearing, no members of the public spoke in opposition to the use.
Number 13. The applicant through its representatives conducted a height test on November 7th, 2025 and November 8th to demonstrate the height of the proposed new buildings with notices of the balloon test being mailed to property owners listed on the certified list of abutters and being posted on the
city website. Based on the above, the city council makes the following findings and takes the following actions. A, the applicant has complied with all rules and regulations promulgated by the Marbor City Council as they pertain to special permit applications. B, the city council finds that the
proposed use of the site is in appropriate use and in harmony with the general purpose and intent of the zoning ordinance of the city of Marbor with when subject to the appropriate terms and conditions as provided herein. The city council makes these findings subject to the completion and adherence
by the applicant, its successors, and or assigns to the conditions more fully shown forth herein. C. In accordance with section 65039 1 C3, the city council finds that modifications to the dimensional parking
design and landscaping requirements applicable to the use as shown and described on the plans result in an improved design that does not nullify or substantially deraggate from the intent or purposes of section 65039I of the zoning ordinance because the
design accommodates garage parking below the new buildings. optimizes the location of the buildings on the lots and maximizes green space. In addition, by allowing for separate lots within the overall project, the proposed dimensional changes better accommodate
condominium ownership communities among the three buildings. Given the existing vegetated buffers around the project and the site's distance from homes and businesses, the proposed setbacks and heights will have minimal impact on neighbors. D. the city council pursuant
to its authority under Mass General Laws chapter 4A in the zoning ordinance hereby grants the applicant a special permit to build and operate a three-building multif family project as one or more condominiums with the 187 residential units as shown on
the plan subject to the following conditions which condition shall be binding on the applicant it successors and/or assigns number one construction in accordance with the 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 Malber and the Commonwealth of Massachusetts and shall be built according to the plans as may be amended during site plan review. Number two, site plan review. The issuance of the special permit is further de subject to
detailed site plan review by the city council in accordance with section 65039I of the zoning ordinance prior to the issuance of a 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 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 this 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 earlier phases if site work
related to those buildings has been completed. In accordance with section 650391 I of the zoning ordinance, the building commissioner may approve minor modifications to the special permit and the plans. I will just throw in here a
question because I know it's a concern at another site where they're past their special permit and they're past their site plan approval and the project is not done.
So, do we put in here years that you have to do this work and something if it's not done by that time? >> So, you're we have a lapse period of
three years where we have to um act on the special permit within three years or it's no longer effective. You're looking at a maximum construction period where it has to be completed within within a certain period of time, >> right? Is that not what a site plan
does? Does don't you have to finish the site by the three years? >> That's t typically site plan decisions do have a completion date in them and then they can be extended if you come back. >> Okay. So, what happens if you never come
back? um an incomplete project is probably going to be full of code violations. So there would be an enforcement mechanism in that regard >> and you wouldn't get a final occupancy. >> Um not for the entire site. No, if you did it in phases and only did one phase
and the other was either not done or or incomplete. I mean you wouldn't get a final occupancy. Um, but I would imagine I mean if you're leaving a building half done, you're you're opening yourself up to a ton of uh potential code violations which would be enforceable by the city.
Just doing it in phases um and having the phases come along as as construction schedules and the market dictates. Um I mean that's not typically something that is you know regulated at least not in decisions I've worked on. >> Okay. All right. >> I just if I may I just want to make one
if I could. In the site plan review paragraph, it mentions in the first sentence, um, site plan review by the city council. That's that's an error. It's probably from another decision I'm working on. It should be by the site plan review committee in the Wazot district. It's not the city council. >> You're very correct. I plan review
by the do we even need to have anything site plan review or 65039 is site plan review is it not >> or >> 65039 is the Lazat overlay district is point one Laz overlay district this
would just be um site plan review. Um it's referenced in that district and then um it refers back to the general code um ordinance for site plan review. >> Okay. So, we can put in there by the site plan review committee versus city council. All right. Thank you for that
catch. I'm sure the solicitor would have got it, but All right. Uh number three, incorporation of submissions, all plans, photo renderings, site evaluations, briefs, and other documentation provided by the applicant as part of the application and as amended or revised
during the application hearing process before the city council and or the city council's urban affairs committee are herein incorporated into and become a part of this special permit and become conditions and requirements of 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 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. Number four, storm water and erosion control management. The applicant shall ensure that its site superintendent during construction of the project is competent in storm water and erosion control management. This individual's credential
shall be acceptable to the engineering division of the city's department of public works and the city's conservation commission. This individual shall be responsible for checking the site before, during, and after storm events, including weekends and evenings when storms are predicted. This individual
shall ensure that no untreated storm water leaves the site consistent with the states and the city's stormwater regulations. This individual shall ensure compliance with the approved sequence of construction plan and the approved erosion control plan. The applicant shall grant this individual
complete authority of the site as it relates to storm water and erosion controls. Number five, phasing of construction. Each of the three proposed buildings or one or more of the buildings together may be organized as its own condominium and constructed in
phases at different times. Same plan review in accordance with conditions number one may be addressed in phases with separate reviews for different buildings. Number six, affordable units. Madam >> Chair, >> I'm sorry. Hoot, council, >> madam chair. Thank you, Madam Chair. Um I think uh Priscilla had noted that it's
condition two there for uh phasing of construction when it refers to site plan uh review in accordance with condition two not condition one >> and did oh I wonder if that's an error on her part which condition >> yeah it's that
>> review is >> condition >> two. >> Two. All right. >> Thank you, madam chair. >> So that should say condition two.
Well, number one is construction in accordance with applicable laws. Number two is site plan review. condition. >> I'm sorry, I did not understand. >> I'm sorry. Condition two describes the site site plan review.
>> Yep. All right, we'll change that to number two. Anything else on that one? We're good. She's got all the other language. Um, number six, affordable units. 12% of the dwelling units at the site shall be made available to homeowners at affordable
four double prices whose annual income does not exceed 80% of the area median income in perpetuity or the longest period allowed by law. The affordable housing units in accordance with the provisions of section 65026 of the
zoning ordinance and this condition. The affordable housing unit shall be distributed evenly among the three buildings pro ratta ora. 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 a certificate of occupancy for any unit within a given building. The applicant in coordination with the city and its
community development authority shall file all required submissions to EOHLC for inclusion of the affordable housing units 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 and executing a regulatory agreement and declaration of restrictive covenants and any other restrictive instrument. strument necessary to ensure compliance with said zoning ordinance and this
condition, a marketing plan, and all other 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
unit, shall be born by the applicant. Number seven, transportation alternatives. A information regarding public transportation services, map, 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 packet shall be provided to residents detailing available public transportation services, bicycle and walking alternatives, commuter operations, 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 mail drop shall be provided within each building for 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 applicant 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 other 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 electronic vehicle charging stations or EV dedicated outlets shall be installed in at least 10% of the parking spaces for each building with at least 10 parking spaces having EV charging stations or EV
dedicated outlets installed for each building prior to the issuance of the first certificate of occupancy for a residential unit. Number nine, Lant, >> I'm sorry. Yeah, in uh item eight, there's a reference to future electronic vehicles. They are electric vehicles,
not electronic. >> Indeed. >> Did I read it wrong or future electric? >> It's a type of electric vehicles, not electronic. >> Good catch. Okay. Number nine, Laz Drive
improvements. The applicant at the applicant's sole expense shall complete the reclamation and repaving of Lazot Drive from the intersection with Jackson Drive to the end of the Lazat Drive culde-sac under the supervision of the city's department of public works with
said work starting after significant construction activities at the site involving large trucks and equipment have concluded and with said work being completed before the issuance of a final occupancy permit for the entire entire project. Provided, however, that the
site plan review committee may authorize the issuance of a final occupancy permit for the entire project prior to the completion of said work due to weather conditions and other factors. If said work is secured by a bond or other form of security held by the city and an
amount deemed adequate by the city engineered to enable the city to complete said work. Number 10, Jackson Drive. As part of formal site plan review, the applicant shall evaluate options for the private way known as Jackson Drive in the vicinity of the
site, including working with neighboring property of Butters to improve or modify access to the way. And what was removed is that petitioning for it to be a public way as um
Mr. Depersio did not want that. Number 11, Lake Williams Trail funding. Prior to the issuance of the first building permit for the use, the applicant shall provide a payment to the city in the amount of $25,000 to be used by the city
or its design. Uh, we'll get rid of the word for maintenance and improvements in the Lake Williams Trail system. Madam >> Chair, >> councelor Nan. >> Thank you, Madam Chair. Um, first of all, appreciate um the developer being
willing to put this in. Obviously, um, this area has seen a tremendous amount of um, increased activity. As uh, the city engineer has noted. Um, this project will continue um, to incentivize um, people to use this area and certainly a marketing um, you know, a
marketing advantage um, for the developer after it's done. Wondering if the developer two um, two points. One, um, are there going to be parking spaces available? I know you said there's kind of a an abundance of parking here. Will there be parking, any parking dedicated for people to use the trail for
recreation? >> We don't have that shown on the plans right now. Um, you know, the parking would be for the residents of the of the community. >> Okay. And then, um, just kind of building upon that, um, obviously with the increase in cost, we rely a tremendous amount on our trails committee to volunteer efforts to put
together, um, and maintain the the, um, consistency of our trails that are well regarded. um with the developer would be willing to increase this donation um to the city to perhaps 45,000 or 50,000. >> We can consider it. >> We we can certainly consider it. Uh
don't have authority to say yes right now, but we can certainly take it under advisement. >> Thank you. >> Would you be able I'm sorry, Councelor Oswing. >> Yes. >> What am I reading from? Well, these latest editions, not the ones that are on the ones that
>> you should have gotten an updated document that had these changes. They're all >> Did I have >> nobody? That's the one that came late in the day with the comment. I I can't keep
track of because there were multiple changes on multiple things, but um late today. Yes. They emailed to us. >> Yes, they were emailed with I think the suggestion that you bring your devices so you could read them. >> I got my device. I don't see the email.
That's why I'm struggling. >> I believe it was sent at um 12:46 p.m.
Um, nope. That would have been that was just so 2:25 from Brian to all the counselors. Um, it says forward comments from
November 6th. Nope, that's Taj Mahal. Okay. >> If I could ask the council secretary if she has it, can she go back into her office and resend it to all of us because we don't have it. >> Do you remember when you sent it, Brian?
because I know it was when I had said I didn't have the um >> I I first submitted it sometime last week the when I when I created the version that accepted the um suggested edits from the city engineer and then
updated it and then I the the packet I think for the meeting didn't include that version so I submitted it sent it today just so it was fresh and top of the inbox. I know. I received it because I printed it out. probably
>> um November 6th at 8:10 a.m. Did you send it? Oops. Uh looks like it was at 8:10 a.m. Manager's comments. Lynford at Lake Williams sent to all of the city council with the special. It says attached is a
revised special permit decision clean and red line. The suggested edits address the comments raised by Tom Deersio and Priscilla Ryder. So you have a red line and a clean from November 6th at 8:10 a.m.
Although actually this nope, unless Karen I thought Karen forwarded this then to everybody. >> But we can if she's making copies, we might as well just wait until everybody >> again. Madam Chair, you you can continue to go. She as long as she sends
electronically. I don't need a paper copy. I just want >> because I've got them and I printed them out. So, some either I printed them because of this and didn't realize nobody else had them. Um, what you brought tonight is was not is only the
maps but not the actual language. Is that right? Map in the picture provided uh to you tonight was for uh the Main Street project, not this one. I I wasn't aware that this hadn't been distributed. Um otherwise, I would have brought copies. >> All right. So, everybody's okay with me
just to continue reading. We're almost done at this point. Um, number 12 is landscaping. A detailed landscaping plan for the site. Oh, I'm sorry. Um, back to the question of are we on a timeline with this one where it
has to be approved on the seven? No, we extended this one. >> This is extended to December 17th as well. >> But if I'm going to report it out, I need a number. So, will you be able to confirm how high you're going so I can
>> We can we can work to do that while we're going finishing up the decision. >> Okay. Number 12, landscaping. A detailed landscaping plan for the site shall be reviewed and further conditioned 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 the use. Number 13, lighting. Exterior lighting at the site shall be
downward-f facing and shielded to minimize impacts of neighboring properties with a lighting plan for the site to be reviewed and further condition during the safe plan review process. 14. Conservation Commission approval. The applicant shall obtain and comply with an order of conditions from
the city's conservation commission. Number 15, 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 number 16 is the recording of the
decision. And I will go back to just to the Lake Williams Trail funding because I know Lazad is a very long road and people do park at the closer to Williams Street end of it to use the rail trail because the path is right there. I think if
people are parking closer to where your property is going, their plan would be to go down the hill, which not a lot of people are even aware that that trail exists. And it's definitely not for the handicapped people or people with issues. Um, my guess is that some of
this money will go to improving that portion of the trail, but it's steep. Um, it's rocky, but it anything that can help. But Lazot Drive is an option for people to park on. It just gets them where that trail is what they would be
using. And a lot of people don't like to use that trail, that part of the trail. >> Councelor Nab. >> Yeah. And just and only to add to that, I mean, I I see quite a bit of um use there already. That's why I was asking just to see if that would be something I thought actually the developer may actually appreciate more people not
being on the road if there was kind of a area in the back that wasn't being used by owners um for that part of the um for that use especially if we will be improving it to be more handicap accessible or just more accessible in general. People may want to drive closer to >> I don't think there's any way to approve
>> improve that hill for handicap accessibility uh let alone people who stumble like me. Um, all right. So, you're going to let us know on the number or >> I've asked we're hopefully get an answer shortly. >> Okay. Um, are there any other questions,
comments from anybody? Councelor Fillo. >> Thank you, Madam Chair. Um, just one quick comment, but before I get to that, you know, I'm very excited about this project. When we reszone this this portion of the city, um, you was really excited to get, you know, a revitalized vacant office space, right? This is what
we're talking about. you know, turning a a property to increase the property value there and the revenues for the city. Um, turning something that's vacant into something that's going to have a strong use that's going to benefit our community. Um, from my perspective, there's a limited impact on the neighbors. Um, and not only that, the surplus of parking, very rarely do
we hear that, um, you know, I feel like before this body. So, this is, um, all good signs. I know you had said with condition 11, you'd be willing to take a look at the funding for the Lake Williams Trail, just the amount. Um, in that kind of same breath, going over to um, item number nine with the Lazot
Drive improvements. Um, I know that right now the plan is to start from Jackson Drive and to go up to the Culdeac. Um, you know, I don't I don't want to force anybody's hand, but I would encourage that maybe going all the way out to William Street. Um, I know there's only, you know, a few tenants there with the St. Mary's building and
then the parking lot to the William Street ballfields. I think that could be a really nice touch to just pave all the way down to Williams to get that access to the ballfield parking lot, which I know has been there for a long time and the city's put a lot of additions and and improvements into those ball fields. So, I think that could be a nice um just
kind of addition. Just food for thought, but um really strong project and I'm really excited to to move forward with this. Thank you, Madam Chair. >> All right. Uh, and I guess I kind of agree with you, but this was a recommendation from the um engineering
department that it be from Jackson Drive only. I I know with the work being done this the majority of the traffic at the beginning of that obviously there will be new addition with the people living there but it's going people going to the
ballpark. So to me that portion should really maintain still remain under the control of the city and if it needs paving then the city would do it. Um but you're going to pave the rest of the way. I think the
concern is as because Lozad Drive is not in the greatest shape now. By the time you bring all the construction equipment in, you're going to make it worse. So you're going to repair it by paving it. >> Correct. And your expense. My I I can't
answer this um for a fact, but the the bottom portion seems to be in better shape right now from Jackson Drive up. Understandably, the it is a public way all the way to the to the culde-sac, but presumably the city hasn't spent a whole lot of effort there because it's been vacant for so long.
>> All right. And and if number 10 is Jackson Drive and you actually improve or modify the access to it, that probably means paving that road. um which is also not in the greatest shape and it is a basically a private way and
it is access to the daycare center drop off is really the only thing it's used for now. So be an arrangement with them for aiding it. Councelor Naven. >> Thank you Madam Chair. Um just want to echo a couple of things that councelor
Fill just mentioned. Um you know I do I do think this is a strong project. Um, we talk a lot about what the city can get from certain projects. Um, you know, what the benefit is. Um, I like to talk a lot about how, um, it needs to benefit both of us. And, you know, this was an
opportunity for the developer to really capitalize on a building that existed while still having a significant piece of land that they could also put, um, some, you know, according to these pictures, some very attractive housing on there. Um, it's not sitting on top of anything else. It's got a lot of nice
um, natural surroundings. um for the city. It really does allow us, as we talked about here, it allows us to put together a test case for what we can do with some of these vacant commercial buildings um and really help us to repurpose um in a way that's creative. Um you know, I think the traffic I think the positioning of it um council
president often says right place, right project, right time. Um I think you guys have um hit the nail on the head um as far as this is concerned. I say all of this while waiting to hear back about the money that can be spent to improve our trail system. Um, but I I am um I am
going to be excited to support this project. I think it's one that's been well thought out um is going to have a benefit for the city as well as for the developers. So, I know we'll continue to discuss, but if you need a motion, I'm happy to motion to approve >> the special permit for further discussion >> as potentially amended.
>> Yes, hopefully amended. what I read, but if we're going to increase the amount of the money, um I know council villo did bring up wanting to go for um Lazard Drive all the way. Do you are you supporting that? Are you leaving
it as is >> in your motion? >> I mean, I would be happy to support it because I also feel like it would be nice to see it um improved. But >> did you Brian, >> councelor Austin? >> So Madam Chair, so the fully paving it,
I I would leave that to the DPW to tell us whether it needs it or not. I I don't think we're in a position to say do we say you're going to pave it or not. I mean that I'd leave that to the DPW to say if that's needed. Um I I do want to mention two other things that I think
are very important. the ball fields there we had talked about during the um overlay needs some attention and this would be a perfect opportunity. So I'd ask you to take back to the the your thing your uh u client to see about uh
donating or some uh donation for the uh all fields. Uh I know I've got work from in my dealings with the youth baseball. they they've got us to fix up those fields and all their amenities about 125,000 that they they'd love to see if that if they could do that. And the
second piece is all the projects that have come in on the west side of the city have donated something to the fire station. I mean, because the fire station is key. I'll let you do your own research as to what other municip or other uh
uh developers have done. You can make your own assessment, but I think that would look more favorable because this is a great project. You're going to advertise it significantly by using the whe it's parking or at the ballpark. You'd have some great opportunities there. So, I think that would be advantageous to the developer to support
those type items. Thank you, Madam Chair. >> So, just remind me, attorney, if we have time if you because those would be amendments to this. So, we don't really want to approve anything tonight that then would you're adding language that wouldn't be
voted known by the body unless it's something you want to amend when it comes to the floor. >> Um, >> is there a >> I will say we we can understand we can go up to 50 on the um on the trails or do a combination of the
25 for the trails and 25 for the ball field of authority for that. I I I can't speak to other things. It depends on what the committee wants to recommend. But um you know I I I wouldn't be able to address those other things tonight without you know going back to the client. >> Okay. So is every So it says Lake
Williams Trail funding. It doesn't say ball field. So we would have to change. Is everybody okay with adding in a ball field funding at 25,000? >> Councelor Preciato. Thank you. I've been
waiting a while. Um I just want to um thank Councelor Aing for bringing up those two points. That was actually my plan to bring them up as well. Um you know, this is a great project. I think um I will always support housing. Um especially more
affordable housing. I know you guys are limited to that right now, but um it's a good area, right? There's no one using that building. Um you guys don't have a lot of neighbors, which is great. Um, so it's not going to be really affecting many neighborhoods. Um, but in in in lie
of that, you know, as councelor Austin did say, we do have the ball fields that are that do need some repair work. Um, we have I have heard numbers around 125,000 for um some significant um improvements to that area. um they are essentially your only
neighbors and they are frequented very much by families and by youth um um including the people that will be going to the trail uh trail systems and lake and the lake Williams boardwalk as well. Um, so I would also encourage a donation
um around councelor Austin's amount of 125,000 for improvements of the ball field um as well as the trails. >> All right. And we we are meeting on Thursday with Urban and I believe you
are also on the agenda for things on Thursday. This could be held over so we could finalize it. you could talk to your to the people you need to talk to to determine if they how high they're willing to do on the fire station. It
sounds like we might have an answer for adding into the ball fields. Um I don't know that we've ever had anybody do ball fields, but this is close to it. Um I to me the baseball is a private
organization. And if we're doing this one, there's also the girls softball fields and there's also two ball fields. So, >> three. >> Which one in particular? Or is it just money get three given to the Marble Youth Baseball Association to use as
they see fit? >> Madam Chair, so so the any funding we request would go to a stabilization account that the recck department would allocate out. We're not giving any money to any private organization. That's not our function. We collect money to go do things in the city. That's not our job
to give the private organizations the funds. >> Okay. >> Madam Chair, >> Council Nan, >> just to the point to further the conversation, um I will withdraw my motion and submit a motion to postpone um so that we can consider this on
Thursday if that's what's needed. >> Because councelor Vital's had his hand up and I have >> it's it's a logistical one, I believe. Um thank you, Madam Chair. Um, we kind of wrote off Jackson Road here as a or Jackson Drive as a private thing and
we'll kind of con will uh shall evaluate options, but I see the residents using that road private or public or otherwise to go down to the Hilton to go to Forkicks to go on to 495 South. If I'm driving 495 north and I live there, I'm
going to get off of Simano Drive and come in that way rather than go all the way up and around. So, Jackson, this Jackson Drive is a I think is a is an important uh throughway for the residents there. >> But Jackson Drive only exists if you
know it's there. There's no signage. And if you keep going a couple hundred yards further east on Williams, you wind up coming to Lazot Drive and you >> What I'm saying is all the residents will know it's there. I don't know that they well they will
see it as they're coming up and down the road, but they're not if they turn on it that the first time they turn on it and drive down the rocky road, they're going to go, "Why am I doing that when I can just go straight down, make a right-hand turn, and be where I need to be?" So,
>> if I may, Madam Chair, the the change that you had mentioned was there was language previously that mentioned that we would u work with the abuing owners to petition to make Jackson Drive a public way. um city engineer um speaking for the DP that that not be part of the
decision for a variety of reasons. Um but we still have the language that we'll work with the um through site plan review work with the neighboring property owners to improve or modify access to the way. So it's not just we're leaving Jackson Drive off off the list. It's just it's to be determined,
but it's it wouldn't become a public way, but we'll evaluate efforts to you know improve or modify access to it. >> Yep. All right. So, are you comfortable with us uh tableabling this, adding it, and we'll just take it back up again on Thursday for you to be able to
>> Well, what I think what would be helpful going back to the client is um are we otherwise done? Um is the draft decision with with the conditions of approval otherwise done. But for the question of a donation to the we we've offered
25,000 for the trail system. We mentioned we could go up to 50 either for that or for you know splitting it with with ball field improvements. Um and then it was mentioned some some form of contribution towards Westside Fire
Station or some other mitigation. It would be helpful to understand are we otherwise done? Is it those is it those two items that were we're coming back with um either language or or amounts or is there still more to discuss? >> The only other thing I see is a comment
from uh Priscilla regarding specific language of no building or structures are permitted to rise above the tree line at 130 Lazot Drive that would impede the view. I didn't see anything specific to that. You talk about the
balloon test, but did I miss it being >> You didn't. I think the the thought was, let's see what the balloon test shows us. I think what it showed us is it doesn't go above the tree line. The the building the the highest elevation building will not be visible um with the
current tree line. >> And it doesn't really say that. Oh, it just says that you conducted a height test to demonstrate the height of the proposed new buildings. But it doesn't say that that test showed that it is not going to
impact the tree line. >> Um I mean we could certainly add language to that finding to that effect. >> Okay. >> So if you can add that one. Sure. >> And the other I guess if you can figure out how to specify in the language that the uh trail funding is says
to the city to be used by the city or its designate for maintenance. if you can specify it's going to conservation and then they would determine where it goes and for the ball field
>> I mean >> stabilization >> it would I mean >> space >> I've used this language in other decisions where you know we're we're providing it for this purpose to the city we're kind of leaving it to the city you I don't really know where the the check would be delivered to but if it if if the council accepts it and it
goes to conservation for that purpose That's that's fine. >> Except that we got in trouble with this when we tried to have a transfer done for the fire station, which is why we specifically set up the fire station stabilization account. >> We have open space account. We have
ballfield. >> So, madame chair, again, what I'm hearing and what the applicant needs to do, you're not going to get well, first, you're not meeting on Thursday. There's no urban affairs meeting Thursday. Just so that everybody's clear. >> All right.
>> 13th. >> That is correct. >> All right. There's personnel, public service, and LNL. >> Sorry. Yes. >> Urban Affairs. Everybody's good with that. Right. >> Streaming. I know it was coming. >> That's okay. No, I just want because >> councelor Fchillo and I are saying that
there's no urban affairs. That's one. Two, any mitigation funds that we're going to ask any developer to put in needs to have an account number that we need to get ahead of time that says they will write a check to the city to go into account X that's going to be used
whatever the infinite wisdom of the city council is. We have three meetings left based on what I'm hearing. I don't think we're in a good position to have this all buttoned up right now. They've got some action items to come back. we can set up another urban affairs meeting at
your convenience so that we could report it and have it ready for the meeting on the 1. Solicitor polishes it up and we vote on it on the 15th which meets the 127 deadline. All right. And if that's not right, council attorney Faulk, let
me know. But I'm just trying to I don't see enough specificity in what we're trying to approve right now that I can give the solicitor anything meaningful to deal with. >> Right. And that's what I based on past experience with the council. We do need
the accounts. So we need to know if you're willing to the f the fire one we've got already. The other two I guess we would need to make sure we're set up based on information we could get from the auditor.
>> And I'm I'm happy to work offline to get the specific accounts for those purposes. But as I said, it'll be helpful if when we're talking to the client, if we have a sense of where otherwise done, it's those items that are outstanding in terms of um is there going to mitigation payment towards
Westside Fire Station and and what are the amounts with respect to trails and ball fields, but be but but other than that, we're the draft decision is in >> I think so other than adding if if you want to try to figure out where to add in some specificity on the the uh
balloon test or or the the fact that the buildings can't be can't block that tree line. >> Yeah, I I what I would say is I think I will I would add that to demonstrate what the what the height test or the balloon test demonstrated. >> Okay. >> I'm a little cons I will say I'm a little concerned. I can't control the
tree line or what might happen in the future. Um the buildings will be there for 50 plus years. The storm could happen. The trees could be impacted. We and it's off off of our property. So wouldn't want to have a zoning violation because there was a storm, >> right? Hopefully all of those If we
include it in the in the in the findings, I think it demonstrates what we did, which was we designed it so that it was not a problem with respect to the current tree line, which is all we can do. >> Okay. So, we'll let you work on that. Um, we can then deal with I know we had a whole conversation of dates. I'll need
to go back and look at when you could do when I could do. >> Councelor Orum. >> Thank you, Madam Chair. Uh, I will agree with most of the councils talking about this project as a a good project. It's a win-win. You guys get the amenities of good
traffic pattern. You're not in a congested area. You got the ball fields right there. Family moving in might say, "We walk to the little league fields." You also have the trails and our floatable boardwalk. So, great project for you as well as for us, but I am
concerned as I mentioned in the public hearing, our services are going to increase. the demand rather the demand for our services including the fire and I agree with President Oing that we need to look at a contingency fee or some
kind of funding coming over as other projects have done to help us support the west fire station. So that I agree with that 100%. I actually circled the 25,000 for the uh item on the trails. It's
actually in this one here. And I think that's a little low personally. I think 50,000 would be the minimum I would look at and obviously the ball fields. And we need to get back to that. But I had a question on number seven. You mentioned
many areas of uh doing work to help out with public transportation. I hope to see more and more public transportation alternatives in Malbor. What I'd like to see is areas reserved for buses to have
stops so that way we promote people using other forms of transportation. I think you'll be forced someday to look at more than 10% for electric vehicles. Uh the demand's increasing and it will change as time goes on. Being an owner
of an electric vehicle, I'm always looking for charging stations. I'm not going to touch that. I'll let you go with your 10% as projected. Uh you may have to add more down the road, but those would be my comments and I would like to see Jackson Drive some resolution to that as well. Thank you,
Madam Chair. >> All right. Um so any other comments before then we will table this uh add it to an agenda that we need to plan for in the future because we do have a couple of other things anyway. So we'll be
having urban affairs. Does that work? and then you can bring us back with some um numbers after you talk to the client. >> Yeah, Madam Chair, I I'll update the decision based on the discussions tonight and we'll come back with um um
resolution of the other items that you requested. >> Okay, sounds good. All right, let me take a minute to bring up the next set of documents we're going to go over. Uh I don't think we'll we don't need to
vote on it, do we? We're just >> as a committee should all agree that that's your agree not to take any action at this point in time. You can postpone it to the next at the chair's convenience the next meeting. >> Okay. Does somebody want to move?
>> Yeah. >> Okay. Move to postpone to a date certain because we don't know the date. All right. All right. All those in favor of postponing. One, two, three, four, five. Perfect. Thank you. >> All right. Thank you.
>> All right. So, that takes care of that. Anybody need to take a quick little break? >> Otherwise, we're going to deal with the items added to the agenda. The site plan
approval for Taj Estates and the stairs. Next. One minute recess till we get all our members back in. We're ready to get back to order here. We have two items on our agenda for this next
portion. Order number 251009554, an application for amendment to site plan approval from attorney Brian Faulk on behalf of Taj Estates for the mixeduse project at 1631 175 Main
Street. And then related to it, order number 25100 9578. A communication from attorney Brian Faulk on behalf of Taj Estates of Marorrow LLC regarding the request to purchase city stair land adjacent to proposed mixeduse project at
163 175 Main Street. So we took up the special permit and now we've we are site plan review on this project. So, we have a new document that was provided
that is some updated updates um from all the other postings. Um I don't know if you want to make any comments, attorney Faulk, before we begin. >> Sure. Thank you, Councelor Roby. Again, for the record, Brian Faulk from my work here on behalf of the applicant, Taja
Estates of Malro LLC. Um, so what you have that I distributed tonight, um, the site draft site plan that's got the, um, yellow coloring on the front of it is a red line. So, this council received on November 5th um, comments and redline
edits to a draft site plan decision from the city engineer, which um, incorporated comments from city departments. We've been working with them for a few months now on um what the site plan would look like and the amendments to the site plan decision. And so city engineer on behalf of the
site plan committee and department heads has sent you um his comments suggested edits um to this decision. What you have before you here is I accepted all of those changes and then the red lining you see are additional edits um beyond
um the things that the city engineer had recommended. I submitted this to the city engineer and conservation agent and building commissioner on Saturday. Um and I got the go-ahad from them um today that they're comfortable with this u version of the site plan decision. So
the red line edits again you see accepted everything that that the city engineer had asked for and then the additional edits and and the most important one is there was a a question as to whether we would be making a payment in lie for the four parking
street uh parking spaces on main street that would be eliminated as part of the project and the answer is yes. So we would be using the rate that's in the 2019 zoning ordinance which applies to this project 10,000 per space. So that would be $40,000 payment in lie um for
the elimination of those spaces. That's on top of the $70,000 that we would be paying for the um seven parking spaces that were required to put on site um that we're not providing. >> All right. So I'm going to take this a
little bit differently and maybe not read all of the details, but I will read through some of the modifications and anything that I think is important. and yell if you think there's something important that needs to be read out loud. Um, so this is
>> Madam Chair, just so we know, are you reading from the redline version or are you reading the one that's already incorporated? Not that they're not the same message, but just to >> I'm reading from the red line. And actually, I had printed out my own copy today because I had marked up the other
copy and I think there's still one change that I want to make sure gets noted. So, if what I'm reading doesn't match up, I believe it's the exact same thing >> through the chair. You have a clean version that accepts all the red lines and then the red line just shows you
what the changes were from the last. >> I'm looking at it, it looks other than the fact that my copy's blue, this copyy's red. I think they're the same. Um so it is SC25-32
city council order 18/197135 1917521 and 25100 9554 site plan um additional conditions 1 through 33 are found on the following pages.
All right. Site plan approval conditions. Approved site plans. The site plans referenced at the bottom of this permit shall be the governing plans for the development and construction of the site. The marble site plan review committee must be notified of any updates or changes to the plan such as
the creation of a four construction plan set. Substantive changes may require additional review and approval. Note the use and site received site plan approval from the council in 2019 approved in accordance with the provisions of the
Marbor zoning ordinance in effect in 2019. A 2023 amendment with respect to the Malbor Village District does not apply to the use in accordance with MGL chapter 48 sections 5 and six.
And an addition is in the event of a conflict between the terms of the 2019 site plan approval and this permit the terms of this permit shall govern. Pre-construction meeting number one they need to have a precon prior to
construction. A pre-construction meeting is to be held with the building commissioner, the city engineer, conservation officer, board of health, police and fire departments and the site contractor responsible for doing the work. There's the list of the things that they're going to go over during
that meeting. Added to it is that they shall provide a proposed written construction safety staging and traffic management plan detailing these items said plan to be reviewed for approval by the city as described in condition 25C below the construction
plan. Number two, the applicant shall be responsible for securing offsite parking areas for construction personnel to minimize the use of nearby city parking spaces needed for area businesses. This shall be documented in the construction
plan. The issuance of the site plan permit and the signatures by the city engineer services as the storm water management plan permit required under MGL section 271. Number four is a pest control plan has to be submitted to the
board of health. Number five, prior to vertical construction after footings and foundations, all required private fire hydrants shall be installed and operational and remain operational throughout the construction. Number six, review permit, city council
special permit, order of condition, ZBA variance or special permit construction reporting. Number seven, the applicant shall be responsible for providing weekly construction status reports to the city engineer and other officials. The purpose of the report
shall be to keep the city aware of construction activities expected for the upcoming week. Number eight, the report shall include updates to the construction plan whenever necessary, erosion control, construction and storm
water. Number nine, those erosion controls as shown on the plan shall be installed prior to and inspected at the pre-construction meeting. Number 10, all large stock piles must be maintained in a stock in a stabilized condition with
erosion controls in place and approved by the conservation officer. Long-term stock piles over 30 days will be shaped, stabilized, and circled with erosion controls. Number 11. The applicant shall be responsible for notifying conservation officer if there's any
visible siltation to the roadway and street drainage system and immediate measures will be taken to control the issue. Number 12, landscaping. The approved landscape plan shall be followed. Modifications related shall
receive the prior approval of the conservation officer. Number 13. Prior to the final sign off, a registered landscape architect shall certify to the conservation officer that the landscape planting has been installed and as built
landscape plan prepared and stamped by the landscape architect is required. 14. All landscaped areas shall be served by subsurface irrigation or other means to ensure that the plants planted will survive. 15. And following 18 months of
the final occupancy permit, any plant material that has died will be replaced with a species of the same kind and size. 16. Installation of mulch at the time of planting and thereafter shall be so that the mulch is not in contact with
the trunk of newly planted trees and shrubs. Snow removal number 17. To ensure safe access for fire and emergency services, the applicant must or shall keep clear of snow and ice the stairs from Devon Street to Main Street and the public
sidewalk on Main Street, which abuts the site at all times during construction. 18. Upon occupancy, the building owner shall be responsible for snow removal from the city stairs from Main Street to Devon Street prior to the issuance of the occupancy
permit. Number 19. Prior to requesting occupancy permit, the applicant or its agents shall clean all nearby drainage pipes and catch basins of accumulated sediment and debris. Have a meeting with the conservation officer to inspect the
structures to make sure that they are done. Number 20, final restoration of all areas of main street and sidewalks across the property frontage shall be complete to the satisfaction of the city engineer. That includes final paving, curb installation, and sidewalk
construction, line striping, decorative crosswalk, any street lights or landscaping that were removed. Number 21. An asbuilt plan must be submitted to the city engineer for review. They shall be prepared in accordance with the asbuilt plan
standards established by the city engineer and they are uh an asbuilt landscape plan is also required. Number 22, the maintenance and upkeep of the approved landscaping shall be an ongoing condition required by the
landowner and subsequent owners. 23 is operation hours of operation. All construction is restricted to 7:00 a.m. to 7:00 p.m. Monday through Saturday except holidays and Sundays when all use is prohibited except with the variance
by the board of health. Number 24, time for completion. work is provided work as provided for on the approved special I can't read I'm sorry a hand yes >> yes >> um for hours of operation um I I don't
know if if this has ever been brought up but >> is there any way to prohibit um construction on holidays I know there are certain Monday holidays that construction companies love to come in and and work on >> it is prohibited this is language in every single permit I think it's in the
code and the board of health can deny a request >> uh or they can grant a request for holidays and Sundays. >> Yes, I'm I'm aware that there are variances allowed by the board of health. Is there any way to to disallow
>> is there any way to disallow a variance on a Monday holiday specifically >> on a Monday holiday versus any other holiday? >> Yeah. I >> so council >> with all due respect council Piato the
goal is to get this done. I I mean I'd rather have it done done and take the three holidays and get it finished versus pushing it out later. I I again you're looking at typical 18month construction period. We don't want to tie the hands. We want to get the thing built and done and to
get them out of downtown. >> I understand counselor. It's I think maybe four days out of the year, five days out of the year that we'll be affected. But that's all I'll say on that, I guess. Thank you. >> All right. Cuz I'm not sure how you can
exclude. Plus, I don't think when the code says this is allowed by a variance that we could say that they can't get the variance. Um, all right. Time for completion. Work as provided for on the approved site plans
shall be carried into effect and completed within three years of the issuance of the permit unless an extension has been granted by site plan review. Additional conditions 25 prior to issuance of a building permit. Um, are we missing something or does it
go to a property acquisition and easements required? Prior to the issuance of a building permit for the construction, the applicant shall acquire all rights to the portions of the property owned by the city of Marbor as shown on the site plan and the final ANR plan of land. This includes property
to be acquired in fee and temporary and permanent easement rights. So, I believe this references the stairs that we talk about next. City stair property is B. Performance security bond prior to the issuance of a building permit. The applicant shall provide to the city
engineer a performance security bond issued by a shity licensed for shity business in the amount equal to 100% of the cost to construct or reconstruct the existing city stairs in their entirety from Main Street to Devon Street for the
construction or reconstruction and relocation of drain and sewer lines located below said existing stairs. I'm guessing somebody's going to determine what the cost to do that is to know what the 100% shy is. >> That's correct. Um the the city engineer
has to approve the final plans for these stairs and that would be part of the process is getting the um the security bond to ensure that if something went wrong, the city had a source of funds to go and complete the work so it's not left with incomplete stairs. And number
two is the certificate of insurance prior to the issuance of a building permit. The applicant shall provide to the city to the chief procurement officer. A certificate of insurance naming the city as an additional insured. naming the city of Marble Department of Public Works city engineer
with the address on Neil Street as an additional insured in an amount as are required by said chief procurement officer for a liability policy concerning the applicant's demolition and reconstruction of the project stairs in their entirety from Main Street to
Devons and for the reconstruction and relocation of drain and sewer lines located below said existing stairs. Number three, prior to the issuance of a building permit for the construction of the building, the applicant shall submit plans deemed acceptable to the city
engineer for the construction of the city stairs in their entirety. And the reconstruction and relocation of drain and sewer lines and manholes located below the existing stairs. The location and reconstruction of the stairs and the drain and sewer lines is
to be done by the applicant's licensed contractors. As part of the building project, the stairs shall be designed to accommodate snow and ice removal. Number four, the reconstructed stairs
shall not include areas under them that would cause trash accumulation or to be used as hiding places. Number five, the final stair plan shall include security lighting and cameras. These shall be approved on the plan prior to construction and installed prior to
first occupancy permit. Number six, prior to the reconstruction of the stairs, the applicant shall communicate with the abutters who use the stairs to inform them of any restrictions during reconstruction. As the stairs are the
second means of egress for certain buildings, this coordination is needed to ensure access required for safety. Number five, uh C, construction, safety, staging, and
traffic management plan. Number one, the applicant shall complete the project in accordance with the construction plan referenced in condition one above to be approved by the building commissioner, fire chief, police chief, city engineer, given the proximity to the site to Main
Street and abetting buildings said construction plan shall include but not be limited to the building demolition phase of the project which may take place in advance of the construction phase and under a separate demolition permit and all subsequent phases.
Two, the construction plan shall provide detailed information concerning the areas of the site and adjacent property that will be marked off for the staging of construction vehicles. Traffic management, detour routes if necessary, construction signage, pedestrian
protection, block sidewalks, streets, construction fencing to enclose material and equipment, fencing, and or barricades to provide limits within the construction site for the separation of construction, pedestrian and vehicular traffic, dedicated illumin illuminated
and covered pedestrian walkways adjacent to the structures at egress paths in accordance with the state building code and off-site parking areas for construction personnel to minimize the use of nearby sitting parking spaces needed for area businesses.
Number three, as part of the construction plan, the applicant shall minimize the use of Devon Street and Mcanel Street for construction vehicles and construction activity. Number six is Green Building. The building plans show show compliance with
section 65034D2M concerning sustainable building design. Prior to the issuance of the building permit, the commissioner shall review the building plans to ensure that the design incorporates green building techniques. E. Rooftop mechanicals. On
the building plans, the elevation drawings shall show areas reserved for rooftop mechanicals and elevator equipment. Detailed drawings illustrating the type, location, and dimension of fencing screening must be provided. The building commissioner shall confirm that the
building drawings conform to the requirements of the zoning ordinance regarding screening of rooftop mechanicals. Noise barriers for these rooftop units shall also be included to minimize any noise to the abetting
residents. A noise barrier design shall be included in the detailed drawings required above. Number F, footings. If the footings for the proposed building will be located within the city of Marboro public way layout, the applicant must request and receive from the city
council an easement prior to the issuance of any building permits. Is that still a potential? >> I don't believe so. It's helpful to have that language in case, but the the design and layout don't indicate that'll be necessary. >> Okay. I'm just worried that that's another step we've got to deal with. G.
Main Street, sidewalk, street, and curb. Prior to the issuance of a building permit for the construction of the building, the applicant shall acquire from the city of Mboro a street opening permit authorizing access to those portions of Main Street onto or beneath which it intends to perform demolition
and or construction work as shown on the site plan. The street opening permit shall serve as the utility connection permit. Water and sewer entrance fee shall be paid prior to issuance of this permit. H performance sh bond security
bond. The applicant shall provide to the building commissioner a performance I got my pages backwards security bond issued by a shity license for shity business in the commonwealth of Massachusetts in an amount equal to 100%
of the cost of the work including but not limited to milling and repaving of Main Street from curb to curb in front of the building and construction or reconstruction of the site. sidewalk, crosswalk, parking spaces, underground pipe structures, and
a pertinances. I insurance certificate prior to the issuance of a building permit. The applicant shall provide to the chief procurement officer and additional insured in such amounts as are required by said chief procurement officer for a liability policy
concerning the applicant's work on Main Street to cover those same things I just mentioned. during construction. A use of ways during construction consistent with the construction plan. All areas for construction staging and offloading of
building materials as well as any excavations, long-term construction, scaffolding or other obstruction shall be coordinated to maximize public safety and minimize interference with the customary use of public ways by vehicles and pedestrians. Permits are required
for any street or sidewalk excavations or obstructions. Police chief shall have the discretion to require additional protection or detail is needed. The applicant shall pay to the city the cost for every police detail.
>> Councelor Presiato, >> just a quick question for the applicant. Um, on on that note, um, is it your intention to have that sidewalk closed off during construction or would you be able to fit your construction vehicles in there and have that way open?
>> On on the plan that we prepared, there was a two-phase uh construction during the foundation and erection of the building. We will need to occupy the sidewalk, which was a it was a threemon uh period. Then after that, we were
going to have like a a a sort of a bridge to protect the sidewalk and it will be open for pedestrians to the duration of the project. >> Okay. Thank you. >> All right. B is OSHA. All contractors shall abide by OSHA regulations as
appropriate. C. Safety official. The applicant or site contractor shall have on the site at all times during construction a qualified construction safety official. Uh, prior to commencement, applicant shall provide to the building commissioner the name of said
construction safety official. 27. Parking garages. A. The design for parking garage access shall be such that entering and exiting from the garage is controlled by the site's residents, the property owner, the property owner's agents, and those providing maintenance
and other services to the site. The building design shall provide for adequate sight distance for vehicles exiting the garage to provide for pedestrian safety. The applicant shall use a combination of doors, gates, speed bumps, and audio
visual alerts at the gate entrance and exit to ensure pedestrian safety. B. The parking garage is to be for the sole use of the residents of the site. The parking garage is not intended for public use. 28. Main Street parking
spaces. The site plan indicates that four existing parking spaces on the north side of Main Street will be eliminated prior to the issuance of a building permit. The applicant shall appear before the traffic commission to request a vote to change the existing parking plan. Accordingly,
29 private open space. Through this decision and in accordance with section 65034H4 of the zoning ordinance, the city council hereby waves strict adherence to the private open space requirements that the
exterior ground level portion of the open space must be usable for sitting or recreation based on the unique slope conditions found at the and I think it needs the word site. >> Yep. >> At the site. The project will include
the following private open space areas. A 4,251 square ft of exterior lawn and landscaped areas in the rear yard and B 3,089 ft of individual unit balconies
with A and B equal to 7,340 ft which exceeds the required private open space total of 6,700 ft. The private open space needs to be accessible per the state accessibility
requirements. Number 30, payment in le of parking. The project contains 67 residential units and therefore must either a comply with parking space requirements or b make a payment in lie of parking for each space
not provided per section 65034E of the 2019 ordinance. So they have 36 onebedroom at 75 spaces per unit is 27 spaces. Two bedrooms they have 31 at
1.25 spaces is 39 spaces for a total required 66 they have 59 onsite. Of the 59 spaces, 59 comply with the requirements based upon the maximum of
33% compact size spaces. The difference between the number of qualifying parking spaces and the parking spaces required is seven will be addressed in strict accordance with the old zoning ordinance
which was a payment in lie of parking equal to $70,000 10,000 for each of the seven spaces required but not provided shall be paid to the city of Malboro prior to the issuance of the first occupancy for the project. In addition, prior to
the issuance of the first certificate of occupancy, the applicant shall pay to the city of Marboro $40,000 for the four parking spaces, 10,000 per space, eliminated on Main Street as part of the project. Number 31, work within the public way.
All work within the public way layout, including but not limited to the street and all of those other details as shown on the approved plan shall be completed prior to the issuance of the first certificate of occupancy. 32 is signage. The city council hereby
retains jurisdiction for all signage. Everything has to come before us um to make sure that it meets the code. 33 general provisions. A project changes. The city council delegates to site plan review committee the authority
to approve minor changes to the approved site plan. City council designates to site plan review committee the authority to approve other changes to the approved site plan consistent with future amendments to the zoning ordin ordinance enacted by the city council. Provided
that such amended site plan is filed with the city clerk and the city council along with written confirmation from the building commissioner that the amended site plan is consistent with the zoning. And number B is enforcements. The city council designates the building
commissioner as the enforcing authority. C deliveries in order to mitigate the impact of traffic flow on Main Street and the impact of noise to the residents of and abutters to the site. Deliveries to the business on the site shall occur between 7:00 a.m. and 700 p.m. On-site
trash collection shall occur twice a week or as required by management or the board of health to facilitate disposal demand between the hours of 7:00 a.m. and 9:30 a.m. All possible measures shall be taken to avoid noise and disturbances to residents and
neighboring businesses. And that is the end of the conditions. Anybody have questions, comments on those? A lot of that was original. All of the changes you can see are on the
red lines. >> Madam Chair, >> Councelor Ducet. >> Thank you very much, Madam Chair. Um there's a there's been a lot of work in bringing this up to date and I congratulate you folks and getting this into the condition that it's in now. Uh
based upon where it was. Um I you know I agreed with when it first came in that I thought it'd be a good addition to the downtown. Um what we have now is just a hole in the ground.
So I think that this would be a big benefit to that. um and moving forward on this. So, good luck going forward. Thank you. >> All right. So, as I said, we are the site plan approval authority. So, we need to approve this and then site plan
review has the ability to make minor changes, but basically this gets them the ability to get going. So, somebody want to move councelor Fill. Thank you, Madam Chair.
Um, very excited to see this project get moving. And with that, I move to approve the site plan. >> Move to approve the with the one minor change of adding that one word. >> Yes. With the one site. Yeah. >> Thank you. Um,
all right. So, councelor Fillo has moved to recommend approval of the site plan and it has been seconded. Is there further discussion? Council Oram. >> Thank you. I know I'm not on the committee, but I've seen already issues
with the present situation down on the other side of Main Street. I know it's not your project, but it I think it brought out a lot of the interest in having some form of control. You're going to be losing a sidewalk possibly. I've seen the businesses on the other
side of Main Street in dire straits because parking was not being enforced. And what concerns me here is it puts the weight on the building commissioner. I think it needs to be rewarded to put some of that weight on the police
department. And if additional fees are needed to control this situation, like I say, it's not yours, but I've seen many a concern on the other side at the other project on Main Street. Very concerned about the businesses losing parking
spaces. very concerned that you're including two businesses, which is great, but that's going to require parking. I don't think in my view it's fair to the businesses on that side of Main Street, and I would cannot support it. Thank you.
>> Is there further discussion? All right. All those uh in favor, one, two, three, four. All those opposed one. So councelor Presiato. All right. So the second piece of this
is the stairs which we have some information on but not a whole lot. Um >> Madam Chair, I can I can summarize if it's helpful. >> Thank you. Um in the packet of materials
they distributed is um oops titled plan of lands a single sheeter um is an approval not required plan showing the division of what we're calling the city stair property um where what is labeled as parcel F would be sold by the city to
um the applicant and the city would retain what is shown as parcel G which would be the location of the um reconstructed city stairs. I don't know if we can get that up on the screen, but if everyone has um copy of it um might just easier. >> Everybody should have gotten a copy.
It's kind of small. I actually blew up mine. >> That's it. >> Yes. >> Yep. >> Y computer behind them. It's all coming up. Well, we're working on on technical
assistance. Um, as I mentioned, parcel F is currently owned by the city. It will be sold to the developer for its appraised value, which is $11,000 and $11,600. City would retain parcel G. And as you just read through, the site plan decision requires that we rebuild those
stairs. They would remain city property, but we have to do snow and ice removal and they would be a um a means of egress from our building, but also for our neighbor on the Warren Block. Um there are a number of easements that would
also be um granted by the city within parcel G uh construction obviously so that we can do the work um and some structural support easements that may be necessary. Those are all detailed in the acquisition schedule that's on that plan. Um, thank you Karen. Appreciate
it. Um, so this is what the plan would look like. There's a draft deed that I've been working on with the city solicitor. I would say we're 99.9% there on the language of the draft deed and easement agreement which would um put in
recordable form what you see on the plan in terms of the acquisition schedule. Um I saw tonight the solicitor put together a single page order um that the council would adopt to authorize the mayor to carry out this transaction. So council
has to approve um a disposition of city property that the mayor would then execute. And so um we need to we need to acquire this property as a condition of the um site plan uh approval that you just um voted on um earlier tonight. Um
so the the request would be a recommendation of the committee to authorize the transaction with the order and the draft to be provided by uh the city solicitor. >> So is everybody comfortable with not having that order but the language
really being what attorney Faulk just stated? Councelor Oing. So, Madam Chair, I would be because we're going to be sending it to the solicitor put in proper formats as long as the the urban affairs committee is comfortable with the intentions of getting the stairs uh
deed over >> considering the solicitor is the one creating that order. I would think it is going to come to us in proper form. >> Right. But I as long as everybody's okay with that, that should be good. >> All right. So the idea is that we are
app recommending approval to the council of the parcels. >> Madam Chair, >> councelor Dette, >> thank you very much. Excuse me. Um, so the the final wording I assume would be showing up at the next city council meeting or at least the draft of the
final wording. So I think at that point we could the is the expectation then to approve that without having to go to committee because we've been doing that for a couple of other uh items that have come into the council chambers anyway.
So >> if the wording looks good on Monday, we approve it. If there are questions, it goes back to committee. But I don't see any problem with that whatsoever. >> Yep. The the plan all along has been for the city solicitor to provide the
special permit, the site plan, and then this document on the agenda in proper form so we're ready to vote on Monday. >> Monday >> so we can exc >> then start with the timeline that will take this through the next steps with an
appeal process and everything else that's potentially there. >> Okay. So >> motion to adjurnn. >> No, we still need to move to >> we have to move to the >> stair purchase. >> Okay.
Motion then to approve the stair purchase uh letter coming from the m from the solicitor in property. >> Do we need to specify the plan of land and the deed or is that sufficient? Um maybe specify the um the plan of land
that was submitted to the um procurement office and the city council. >> The plan of land dated October 2nd, 2025. >> That's correct. >> So moved. >> I'll work with you to get the official language that is coming out of this. Um
all right. So, does everybody understand we're basically just approving the purchase? The purchase amount, I believe you said, was $11,600 and that's been worked through procurement and DPW and everybody else. >> That's correct. We had an appraisal done
of um parcel F. Um and so that's been submitted to the city and that was the appraised value of the land. >> Okay. All right. It's been moved and seconded to uh recommend approval to purchase the stair land. uh following the plan of
land dated October 2nd um with the specific language of the order on the agenda on Monday. Is there further discussion? All those in favor? One two three four five.
If I could if I could just um you you already know this, but I just wanted to express our gratitude to the site plan review committee in particular, city engineer, building commissioner, conservation agent, and the city solicitor who have really um been all hands on deck to work through what we
can see is an aggressive timeline to try to preserve the lapse period on this project. And um we we do appreciate their efforts. They have been very accessible and and engaged in this. >> Thank you. Yes, they do deserve uh a special thank you for their special meeting that they pulled off. And uh
also I think the uh developer needs a special thank you for the changes that he made since that meeting, including the handicap access and some changes to the the stairs. So, good work by everybody um to move along. All right, we have one more item on our agenda um
which still includes Attorney Faulk, but everybody else So, the last item on the agenda is order number 251 10009553, the proposed zoning amendment to chapter 650 zoning to add a new section to
create Ames Village overlay district. Um, as attorney Fox stated in his letter to us, this was before us once, um, it did technically pass at the city council level, but it did not pass because it
didn't meet that 90day without somebody objecting. So, it has been before site plan and I can read site plan's letter, but first I'll see if uh the solicitor has any comments
that he would like to make. You obviously have a presentation. >> Thank you, Madam Chair. Uh not a presentation will be as quick as the hour demands. Um and you know me with me is Scott Weiss from Goodier Company, affiliate of the petitioner Malboro
Northro Land Realy Trust. Um, again, we're proposing the Ames Village Overlay District on 11 acres at the corner of Ames and Forest Street. Um, we had our public hearing, our second um, round of public hearings before the council and the planning board on October 20th. Um,
we had at both of those hearings six individuals from the neighborhood come out and speak in favor of the petition. Um these are residents of the single family neighborhoods nearby who would prefer this um to what would be a byite A3 uh single family neighborhood. Um
what I just distributed um is an exhibit plan um that shows the um what would be a traditional subdivision and then what we're proposing. Um when we were before the planning board, one thing they asked that the zoning already calls for um 4
acres of um vegetated buffer um in the rear of the property in addition to a 50-ft vegetated buffer on the non street sides of the overlay district. Um planning board was concerned, well what if you put the buildings towards the back, which we thought the zoning
prohibited anyway. Um, but to give a level of comfort, we came up with this maximum setback line of 200 feet from the two streets. And so that's shown on the exhibit you have there. You can see the dotted lines show the 4 acres of vegetated buffer. And then the dotted
line showing the 50-foot buffer. And then finally, this 200 foot um maximum setback. And that maximum setback would be memorialized with additional language to the overlay district which we submitted to the planning board. Um so I believe the planning board's letter of
recommendation from November 3rd um you know recommends that the petition be um updated to include that additional language which we're comfortable with. >> All right. So I will begin by reading the letter from the planning board dated November 3rd. Council President Michael
Asing regarding council order number 25100 9553. At its regularly scheduled meeting on November 3rd, the planning board took the following action. On a motion by Dr. Finnby, seconded by Mr. Russ, the board voted to send a favorable recommendation to the city
council on the above reference proposed zoning amendment for the following reasons. The proponent established to the planning board's satisfaction that the proposed amendment was consistent with the board's four zoning amendment evaluation criteria. In the planning
board's opinion, by keeping the buildings as close as possible to Ames and Forest Street and including the buffer, the potential development is separating itself from the existing single family neighborhood. She proposed language addition noted below. The board's consensus was that
the proponent has mitigated any sense of negative impact on the neighbors by maintaining the open space and leaving a large buffer between its direct abutters. The board's favorable recommendation is conditioned upon the following. Number one, there shall be a
200 foot maximum building setback from Ames and Forest Street using the proposed language provided by the proponents council adding in F4. Notwithstanding anything contained herein, to the contrary, principal multif family dwellings in the AOD shall
be located within 200 ft from the exterior boundaries of the AODD along Ames Street and Forest Street. The 200t maximum setback line running parallel to Ames Street and Forest Street shall be shown on plan submitted to the city
council for a special permit for a multif family dwelling in the AODD. Areas of the AODD located outside of the 200 foot maximum setback area may be used for grading, drainage, utilities, accessory structures, driveways,
parking, resident amenities, and other uses excluding principal multifamily dwellings subject to the vegetated buffer requirement set forth in paragraph 2, F2. Number two, that the language regarding story height be modified as follows. in
F1 I maximum building height four stories exclusive of partially below grade parking level number three that the same >> I'm sorry council oing >> yeah thanks madam chair so that F1 I and
councelor attorney Faul you can correct me that should be uh V or five the the I because if you go to F1 I it's minimum lot area F15 five and it's on
page two is the maximum building. >> It is a Yeah, it's F1V >> V. Correct. Yeah, >> thank you. >> I've got it marked here, but that is wrong. So, that's just a typing error on their part. Um, all right. Where was I? That the site
plan review committee review the parking requirements of one and a half spaces per unit and consider increasing it. I just wrote a little comment that I will say right now that I'm not sure that site plan can override code. Um that the site plan review committee
consider implementing the following conditions on their potential approval. solar street signs near the site, crosswalk enhancements near the site, vegetated roadway screenings along the project frontage, improvements related
to curb appeal, and that the site plan review committee in conjunction with the conservation officer review the site for invasive species and make recommendations on removal and maintenance. I think all of those things can be part of the special permit if
this is approved as the zoning change first. In addition, the board discussed the difficulty in assessing whether or not a particular zoning amendment benefits a city as part of their required analysis without the input of a city planner or an entity providing the
services of a city planner. The board's determination that the proposed zoning amendment benefited the city was based upon the current. The board acknowledged the benefit of having the input of a city planner when making recommendations concerning future potential zoning
amendments. Um yay. Fay Finnb Foron use lenture Russ's motion carried six to zero. Sincerely, Sean Fay, chairperson. Um, I don't really want to get into a
discussion on the city planner, but I had looked this up and I think the city planner left in the early 2000s. So, we've been out without one for a number of years and this is the first time the board has brought it up and
they've been doing their job without one in my opinion very well. So, um, it is a recommendation. It's not mandated. we accept their recommendations, but we will bring them up as I go through the
actual language to determine if we agree with them. So, um, this is a zoning change. Uh, pursuant to section five of chapter 4A,
the city council of city of Marble, having received a petition to amend the zoning ordinance as amended, now ordains that the zoning ordinance be amended, further amended as follows. Chapter 650, article 6 entitled dis special districts overlays and special
requirements is hereby amended by inserting a new section 650 39.2 entitled Ames Village Overlay District which shall read as follows. 650-392 Ames Village Overlay District A. The
purpose and objectives. Um we've been through this. The public has heard it. Does anybody need me to read the purpose and objective out loud again? Can we just You all know what it says. We know exactly why we want to do
this. The location, the underlying zone. So, this is located at the northeast corner of the intersection of Ames and Forestry containing approximately 11 acres depicted in exhibit A attached here too and incorporated by this
reference. It is specifically uh the provisions of the zoning ordinance related to the underlying zoning district not otherwise impacted shall continue to remain in full force and effect. C the authority of the permit granting authority. The city
council shall be the special permit granting authority in the AOD. The site plan review shall be conductive conducted administratively in accordance with 270-2 which means site plan review committee. Um, the city
council may elect to vary the dimensional parking design and landscaping requirements applicable to a use or structure by a special permit upon finding that such change shall result in an improved design and will not nullify or substantially deriggate
from the intent or purpose of the section. Deed the use regulations uses allowed by right in the underlying zoning district are permitted by right. Uses allowed by special permit in the underlying zoning district may be permitted by special permit and by
special permit. multif family dwellings as defined in 655B including multif family buildings on a single lot provided that the total number of multif family dwelling units in the AOD shall not exceed 90
affordable housing notwithstanding any provisions in the zoning ordinance the multif family dwellings in the AOD shall be subject to the affordable housing standards of 65026 dimensional standards number One, notwithstanding any
provisions in the zoning ordinance to the contrary, multif family dwellings in the O AOD shall be subject to the following. Minimum lot area of 100,000 square ft. Minimum lot frontage of 100 ft. Minimum front yard or setback from a
public way 20 ft. Minimum side and rear yard 50 ft. And here's where number one changed from the planning board. Maximum building height four stories exclusive of parking level is what's there? They are suggesting we change it to read
four stories exclusive of partially below grade parking level. And you're okay with that as a >> Yes. This came up at the planning board's hearing and that's language that we suggested based on the questions they were having. Um the they're they wanted
clarity about what um the parking level would be that wouldn't be part of the four stories. We're gonna have four residential stories. The parking would be separate from that and they wanted clarity on that and we're going to plan to take advantage of the grade where you know we'll be at grade in the front of
the building and in the back we'll be partially exposed. That's how you get into the parking um below grade. So planning board felt comfortable with that language u for that clarification. >> Okay. And is the council okay with adding that partially below grade uh
between of and parking? We're good. Okay. So, we'll leave that one. And then maximum lot coverage is 50% over the entire AODD. Number two is notwithstanding anything contained herein or in the zoning ordinance. There
shall be a vegetated buffer with the minimum width of 50 ft and a total minimum area of 4 acres located along the exterior boundary of the AOD excluding boundaries along public ways for multif family dwellings. The vegetated buffer shall remain in its
natural state free from structures and imperous surfaces. may be used for storm water management and underground installation to the maximum extent practical existing mature vegetation shall be maintained. Special permits and
site plan approvals for multif family dwellings within the AOD may require additional screening deemed necessary to minimize the visual impacts of such development on neighboring properties. Number three, notwithstanding anything contained herein or in the zoning
ordinance, there shall be no yard or setback requirements, planting strips or vegetated buffers required as to any internal lot lines for multif family dwellings within the AOD. And this would be where we would take up the planning
board's other suggestion to add in a new number four where they are saying again notwithstanding anything contained principal multif family dwellings shall be located within 200 f feet from the exterior boundaries of the AOD along as
forest. The 200 foot maximum setback line running parallel to Ames and Forest shall be shown on plan submitted to the city council for a special permit for a multif family dwelling. Areas of the AODD located outside that setback may be
used for grading drainage utilities, accessory dwellings, accessory structures driveways parking resident amenities and other uses excluding principal multifamily dwellings subject to the vegetated buffer. Everybody's
okay with that one. All right. Um the other one Oh, okay. Um environmental G is environmental soil regulations. Um all developed areas are subject to
applicable state and federal laws as they may apply to properties with historic orchard operations including soil management protocols. ages landscaping regulations that talks about our zoning code that they must follow I
parking regulations notwithstanding any provisions in the zoning ordinance to the contrary the minimum parking requirement for multif family dwellings in the AOD shall be 1 and 1/2 spaces per unit >> Madam Chair >> councelor Ducet
>> uh based upon what the planning board said could we change that to 1.7 spaces per unit >> um what the planning board is recommending is that the site plan review committee review the parking requirements. I actually looked at the code. The code 65048 off- streetet
parking says in A7 multifamily one space per dwelling plus one space per bedroom. So that actually increases more than the planning board's requirement. Um this says minimum. It doesn't say
what the maximum is, which is what we would put into the special permit language. >> The maximum or so we could up this number for the special permit is what you're saying.
>> We could we could require them to meet the code, which would be one space per dwelling plus one space per bedroom. and through the chair. Um the two projects ago, Lazot Drive overlay
district has the same parking requirement. You saw there the applicant came back when they did the math um with with more parking as you know a proposal. Um 1.5 is is industry standard and we're comfortable that it would work here as a as a minimum. that um you know
when we come forward with a special permit if we get to that stage you know we can evaluate parking in detail u based on the specific buildings that we're designing >> and I think we had a lengthy discussion about parking the last goound and decided to leave this there and never
got to the next step for the actual special permit. Um I know in many places we have required more than park more spaces than necessary and we're finding
in a lot of places it's unused pavement because nobody parks there. In other areas they're actually begging for more parking spaces. So it's kind of a it depends on the the location. Um, is
everybody okay leaving this as minimum parking and dealing with the specificity if we get to the next step? >> I'm fine with that. >> Okay. Um, modifications. After approval,
applicants may seek modifications to any approved special permit or site plan approvals and special permits. Major modifications may be granted by a vote of the city council. minor modifications go to the building commissioner um as is
typical language in all of our um zoning changes. Number three is site plan approval. Major or minor modifications to a site plan approval shall be subject to the provisions of 270-2 of the code. And number two of the
zoning changes of the zoning map described in 658 is amended as stated herein and in exhibit A and X tier 2. The newly established Ames Village overlay district shall include portions of the property shown on the assessor's map as
existing at the passage of this ordinance. Which property includes assessors map 89, parcels 80 through 88, assessors map 89, parcels 90 through 99, assessors map 100 parcel 15, assessor's map 100 parcel 24, assessor's map 100
parcel 25, and assessor's map 100 parcel 26. And three, the city clerk is authorized to assign other numbering for the new section 650-32.2 two, as deemed appropriate for sequential ordering in the zoning
ordinance, and four, the effective date shall be the date of their passage. Okay. So, questions comments? We've done this once. >> Madam Chair,
>> councelor Dette, >> I think that this has been a very good uh proposal for development. I think um this you know if we put a whole bunch of housing in there will be individual housing that
people have a hard time affording while if it's condominiums there'll be more houses hopefully at a better price and more affordable. So I think it's better to have the affordable housing. I think the setbacks that was set up to keep it within the framework,
I think that's a fair way to at this point limit what needs to be done, what can be done with this property. So motion to approve. >> Do you have a motion or are you >> I am motion to approve. >> All right. Council said it's moved to
approve recommending the zoning change as I just went through and as amended with input from the >> with the amendments proposed by the planning board. Yes. >> Is there I will second that. Is there discussion
questions? Councelor Naven. >> Thank you, Madam Chair. Um appreciate your persistence. Um, I also want to note I appreciate the support of the residents that you guys worked with um that came out to support this, especially the um the director of Butters and certainly appreciate the
green space that you're working to maintain. Um, I should also note I've heard from people um that do oppose the project. Um, but I do note that the people who did come to the public hearing were in support of it. Um I
continue to be I continue to remain concerned about this project um or the zoning change I should say um its impact on our infrastructure um our emergency services and I continue to believe that the single family housing um that was originally proposed um that this parcel
is zoned for remains to be the best use for this parcel. Um so that is why I will not I will continue to oppose this project. Um, but I do want to thank you guys for the work that you put in um and the work that you've done with the planning board um to really hold this development to the edge of the road um
and maintain that buffer. Thank you, Madam Chair. >> Further discussion? Councelor Brown. >> Thank you, Madame Chair. Um, as the ward counselor um, for where this project
would be built, I continued to stand by my constituents and I liked the project originally and I just feel like the provisions that the planning board put in there um, makes it even better for me. So, I continue to support. Thank
you. >> Anybody else? All right, councelor Oing. >> Thank you, Madam Chair. So, I support the project as I did the last time and and and again, I'll I can't emphasize it enough. We're looking at a $700 increase
to the average tax bill. We want to pay $350 bucks a month to the average tax bill for a new school. An additional $140 a month to the a year for the average tax bill for a new fire station. The budget's going to go up $10 million a year, which is about $300 to $400 a
year. We need a pipeline of projects. You You cannot like a project. I get it. It's okay. But look into that camera and say, "How you going to do it? Are you going to raise taxes?" You won't cut the budget. The whole budget last time I made the $1.4 million worth of cuts. No
one wanted to cut anything. It We have done extremely well to this point, and we can't lose that momentum. So, I'm asking you, you know, think think hard when you're going to say no on these projects. If is it a real no or
just someone's chirping in your ear no? Because remember, you're representing 41 the large folks, 41,000 people you represent. So, I encourage the council of urban affairs to support the project or support the zoning. Thank you, Madam Chair.
>> Thank you. And I will remind I will remind everybody the letter that the solicitor had sent that the vote the the quantum vote is six for this rather than a typical eight. Council Orm. >> Yes, we were provided a handout tonight and with the conventional
layout. It shows on Forest Street a property that will not be part of this property, but it doesn't show that same property, excuse me, on the requested special permit property. What's going on there? Through through the chair, that
property will be part of this. That's under agreement to to purchase. Uh so that will be part of it. Um what you're seeing there, that just shows if if the overlay district didn't go through and a conventional subdivision was built, that house would likely stay where it is. It would just have some neighbors, but it
will be incorporated as part of the overlay district and and part of the project. >> Thank you for the explanation. It was kind of confusing. Thank you. Thank you, Madam Chair. >> Any further questions? Councelor Vital. >> Thank you, Madam Chair. Um, having work
about a quarter mile from here and having my cross country team run around this corner a lot. I know this. I almost could run it u blindfolded. having these if the houses um on Ames by that corner
there. Traffic goes very fast down there because people are trying to beat the the green light. I mean beat the red light. So they go fast coming down Simon uh Simano Drive across Forest and then onto Ames. They go quite fast. Having a
having residential houses there and children potentially playing there is incredibly dangerous. I, you know, that's not the only reason I support this project. Um, but as I look at this from a safety perspective, this housing development, it doesn't fit there.
There's not another residential set uh residential house or road going into a residential uh development off of Ames Memorial. So, it really just doesn't fit um with the whole from Route 20 at Ames all the way all the way to
Simono Drive. It does. There's no residential uh houses anywhere on that whole hill going up there. So, if we had to put this in, it would just be an eyesore in my opinion compared to what's already there. The plan that they're proposing fits in right along with all
the other developments that's been done on Ames Memorial Drive. I think it's a no-brainer. I >> I would agree. I think the issue is that what the photo of the subdivision back when this was approved by um
the planning board >> correct >> to remember who has jurisdiction. There was not an attempt to purchase the property. So they built around that property when they designed this and that's why the house is showing. They
have since gone and pursued purchase of the property so that they could build proposed and that's that's why the difference. Anybody else with questions or comments?
Seeing none, all those in favor of recommending approval? One, two, three. And those opposed? Two. Three to two. So all right.
So I can um have this as in part of my report on Monday ask for I can see if the solicitor needs to put it in proper form again because I guess we we're amending so it will need to be referred and then it
could be on our first meeting in December which then gives us the ability to use the second meeting if we need to. I will just say through the chair um I have been um keeping the solicitor up to
date on the changes that the plane board recommended. So we're really talking about um one change uh one insertion uh or two there's the the height clarification and then that new paragraph. So, um, he's got certainly has plenty to do, but, um, since it was
in final legal form before with those two changes, I think there's a possibility, um, you might get a submission, you know, by Thursday, um, in time for Monday's meeting. >> All right. So, we'll play it by ear. If it's on the agenda because the solicitor has been able to make the changes and is
comfortable with everything, then we vote for it. Otherwise, I will move to suspend and refer it at Monday's meeting. So, I at this point I'm going to say I'm going to move to suspend, but if I don't need to, then we can just vote. I'll have to suspend a vote, but I can still do that. So,
>> all right. Perfect. Thank you. >> So, that takes care of everything on this agenda. I will be working with attorney Faulk to set another meeting so we can take back up the um other item and then set up other. So,
it's been moved and seconded to adjurnn. All those in favor? 1 2 3 4 5. So >> we are adjourned at >> 9:54.