July 14th, 2025. The time is 700 p.m. We have two items on this evening's agenda. Order number 25-1009432, an application for wireless special permit from Jerry Squires on behalf of Dish Wireless to install, operate, and
maintain a wireless communications facility consisting of nine antennas, 12 remote units, 12 fiber cables, and ground equipment within a 100 square ft lease area on and next to the water tank
at 115 Anamog Street. The public hearing was held on June 9th, 2025. We also have order number 100 uh 9452B, a petition of Comcast to install a new underground conduit starting at pole
number 55 excavating to place one 3-in PVC conduit 158 ft in a proposed uh vault to provide service to 630 Forest Street. We will begin with order number 25-1009432.
Mr. Squires, if you want to come into the well and give us a quick overview um of the special permit before I get into um the permit itself. Sure. Um well, as you just uh summarized, uh you I'm here representing
uh Jerry Squires uh Stoton, Massachusetts. Uh I'm on I work for Jay Consulting. I'm here on behalf of Dish Wireless. Um uh as stated um we're here uh requesting a special permit um for a wireless
communications facility at 115 Anamog to uh install nine antennas, 12 remote radio heads, 12 fiber cables uh and our ground equipment would be a uh 10x10 foot square area at the base of the well a little bit away from the water tank.
We're we're actually going to go um in the location that was previously um previously was Sprint Wireless had their equipment located in that same area. So the um just want to bring one thing up.
The construction drawings show a band that is what Sprint had up there in the past. Um the uh the um watertake consulting firm had asked us to remove that and when we file for the
building permit uh if approved um that will be in a different it will look a little bit different. It will just the uh it has be welded to the tank at their request and their specs. Sounds good. Thank you Mr. Squires. Appreciate the quick presentation. I
will read we got one comment from Chris Lefrenia, the assistant commissioner of utilities um just regarding a couple of suggestions um and and recommendations and the findings of fact um and as well as another additional condition. Those have been
included in the draft before us. So we'll cover those as we go through the special permit. Um but with that being said, there were no other comments from managers. Council Ducet. Thank you very much, Mr. Chair. Um, so back to the antennas. I was looking at that. Um, thank you for actually taking
the trouble of actually removing the ones that are there. That's actually be beneficial as far as removing an eyesore. Um, but there is future antenna, proposed antenna. Um, how many antennas are going up initially and is
the future antennas going to be installed much later or soon later if that makes any or and who's going to own those future antennas? Uh, okay. So, we'd only be installing one one per sector. So, three antennas
initially. Okay. Um I can't answer when the um other ones will be more or less based on traffic load. Yes. Okay. Okay. No, that's fine. I understand that. So yeah. Okay. But you start with that and it's chance to grow and expand.
Exactly. Yeah. Yeah. I mean the you know the master plan down the line would be have the full you cap out at three. If you need more you come back, right? Um you mean nine? Nine, right? Yes. Yes. Nine. Yeah. Well, I mean, yes, some are designed for four,
but typically that wouldn't be. Yeah. I was just looking at the uh coverage map and it's going from zilch to significant. So, exactly. Yeah. I mean, good. You know, because it's a new it's a new carrier, so they just Okay. They're creating this. Oh, so you you're filling your own hole.
Oh, they're filling their own hole. Exactly. Exactly. Okay. So, okay, that's fine. Thank you, Council Ducet. Um, any other questions from members of the committee or the council before I begin reading through the special permit decision? Okay, sounds good. Starting with the
findings of fact, the applicant is a duly organized and existing corporation in FCC Lency having a principal office located at 9601 South Meridian Boulevard, Englewood, Colorado. The applicant is a subleasy of a portion
of the property located at 115 Anamog Street, assessor's map 81, parcel 238 in Malbru. On April 16th, 2025, the applicant filed with the city clerk of the city of Malbor an application here and after referred to as the applicant for a special permit under chapter 650
zoning of the code of the city of Malro. In accordance with article 5, section 65018A20 and section 65025 of the zoning ordinance, the applicant proposes the collocation of a new wireless communications facility, six antennas
and associated equipment on an existing building. The use um at the site as shown in the plan submitted with the application and referenced in paragraph 5 below. Number five, in connection with the application, the applicant submitted a certified list of abutters, filing fees, and plans by Advanced Engineering
Group with the last revision date of February 28th, 2025 attached here to as attachment A. Number six, pursuant to the application, the applicant is licensed by the FCC to provide personal wireless services in
the city of Malro and surrounding areas and currently has a problem with significant gaps in coverage and capacity issues with coverage that could be alleviated by installing the use on the subject location as shown on the plans. Number seven, the site is located
in the residents A3 zoning district with uh which allows a special permit to be issued for a wireless communications facility. Pursuant to the rules and regulations of the city council of the city of Malro and applicable statutes 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 Malboro caused notice of the same to be advertised and determined that notice of the same was provided to a butters and the planning boards of all surrounding towns entitled thereto in accordance with applicable regulations and law.
Number nine, this was one of the additions from Mr. Lefrenia. Uh the subject water tank located at 115 Anamog Street Fairmont Hill Water Tank is currently under a long-term 15-year maintenance inspection and capital improvement contract between the city of
Malbor and Utility Service Co. as authorized under Massachusetts General Laws Chapter 40 section 6169. Any collocation equipment um sorry any collocation or equipment installation must comply with the terms and
conditions of that contract. Number 10, the Malber City Council, pursuant to Massachusetts General Laws Chapter 4A, opened a public hearing on June 29th or sorry, June 9th, 2025. Public hearing was held in the city council chamber and the public hearing was closed on June 9th. The applicant presented oral
testimony um and evidence at the public hearing demonstrating that the use meets all applicable special permit criteria. Number 12, at the public hearing, there were no members of the public speaking in opposition to the use. Number 13. Uh the council in reviewing the application
considered the review standard and development requirements as enumerated in article 6 section 65025 and article 7 section 65059 of the zoning ordinance. So based on the above the city council makes the following findings and takes
the following actions. A the applicant has complied with the rules and regulations promulgated by the Malber city council as they pertain to special permit applications. B. The city council finds the proposed use of the site is in harmony with the intent and general purpose of the zoning ordinance of the
city of Malro when subject to appropriate terms and conditions as provided in the decision. The city council makes these findings subject to the completion and inherence by the applicant, its successors and/or assigns. Uh C, the city council finds that the proposed use is consistent with
the purposes of section 65025. Uh D proposed the proposed WCF and location are consistent with both the applicable review standards of section 65025D and the development requirements in section 65025E. City council recogniz this E. The city
council recognizes the applicant is a federal lency afforded certain protection under federal telecommunications law to the extent provided by the law. F. The city council confirms the applicant has demonstrated the need to construct the proposed facility to solve certain wireless coverage and capacity issues that
currently exist in its network. Uh G, the city council finds there are adequate ample parking spaces on the host parcel. H the city council finds the proposed use which consists of an unmanned and unoccupied facility will have no impact on traffic and pedestrian safety. I. The city council finds the
proposed use will not be contrary to the public health, safety, convenience, or welfare and will not be offensive or detrimental. J. The city council, pursuant to its authority under MGL chapter 4A in the city of Malbor zoning ordinance, grants the applicant a special permit for the construction of
the use a wireless communications facility on the existing monipole subject to the following conditions. Number one, Mr. Chair Council Ducet, it's not a monopole. It's a water tower. Fair point. How would we uh we should uh
let's see. That Yeah, we can strike that. Everybody cool with that? Did I write that? Thank you, Council Det. Did I write that? Um this would have come either between you or the solicitor. I'm not sure. But good catch.
So, here we are. Condition one, construction in accordance with applicable laws. Construction of all structures on the site is to be in accordance with all applicable building codes and zoning regulations in effect in the city of Malboro 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 subject to detailed site plan review by the site plan review committee in accordance with the city of Malbor site plan review ordinance prior to the issuance of a building permit. Any additional changes, alterations,
modifications or amendments as required during the process of site plan review shall be further conditions attached attached to the building permit and no occupancy permit shall be issued until the applicant has complied with all conditions. Subsequent site plan review
shall be consistent with the conditions of the special permit and the plan submitted reviewed and approved by the city council as the special permit granting authority. 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/hering process before the city council and/or the city council's public services committee are here and incorporated into and become a part of the special permit and become conditions and requirements of the same
unless otherwise altered by the city council. Number four, compliance with applicable laws. The applicant and successors and/or assigns agrees to comply with all municipal, state, and federal rules, regulations, and ordinance as they may apply to the construction, maintenance, and operation of the use. Number five, all work
performed on the site shall comply with this decision. No other building or construction or activity shall occur without further modification of the special permit. This condition shall be interpreted consistent with federal law governing WCFs. Number six, no signage or advertising of
any sort shall be permitted as part of the use. Number seven, the applicant shall comply with all applicable conditions for WCFS as set forth in section 65025F, each of which shall constitute conditions of the special permit. Number
eight was another addition. Um any installation, modification or maintenance of antenna equipment on the tank shall be coordinated with utility service co at city's contract the city's contracted water tank water tank maintenance vendor to ensure no
interference with the city's maintenance obligations or tank integrity. All antenna installation shall be subject to prior review and approval by utility service co pursuant to the contract. The applicant shall be responsible for the temporary removal and reinstallation of
its antennas and associated equipment if such removal is necessary to accommodate required maintenance, inspection or renovations of the water tank as determined by the city or its tank maintenance contractor. Costs associated with such removal shall be borne by the
applicant. In number nine um is the uh in accordance with the provisions of the Massachusetts General Law Chapter 4A section 11. The applicant, its successes or assigns and its uh at its expense shall record the special permit with the Middle Sex South Registry of Deeds after
the city clerk has certified that the 20-day period for appealing the special permit has elapsed with no appeal having been filed and before the applicant has applied to the building commissioner for a building permit. Upon recording, the applicant shall forw with provide a copy of the recorded special permit to the city council office, the building
department, and the city solicitor's office. That wraps up our special permit. Um, if there are no further questions or comments from councilors, I will entertain a motion. Motion to approve. Council Ducet has made a motion to approve and it is seconded. And that would be Thank you. Is that
motion to approve as amended with the conditions as amended? As amended. Sounds good. Motion has been made and seconded to approve as uh amended. Any further discussion? Seeing none, all those in favor? Opposed? The vote carries 3 to zero.
Thank you, Mr. Squires. I do have a question. Yes. Um, so the next Am I going to be meeting with the site plan review committee? Um, you personally I I do if you haven't already, then yes, you you'll be meeting with site plan review at some point.
They will take a look at the project and I'll defer to uh the council president. So I would just call you've been working with Tom Deersio, the city engineer. I think you just need to clear it with the city engineer for the permit opening for this for the work that you're going to do. So, I would start with Tom Depersio
and if you need to go to uh site plan, he'll let you know. He's a city engineer. Yep. Okay. Not for the street over. I'm thinking the Comcast, but just call Tom and if you have to go before site plan, uh
they'll let you know. And if you guys want to uh refer to legal to get this move and otherwise he's going to be waiting a while to see the permit. We absolutely can. Yep. So moved. I think it's important to get it to legal before the next meeting
so it's in proper form before the next meeting. I would I would support that. Sounds good. I was going to say I want to make sure he understands that this has not been approved by the city council yet. That will happen until August meeting. So
cuz he'll suspend next week to refer it and it'll be back in August. So correct. You still have and that'll be our meeting on August 18th. Okay. Where that formal council vote will occur. Okay. So, it would be at that meeting. It would be when I was talking,
someone said it might may be September. But if I asked for a suspension, we'd be able to get it to legal and then back down to us. So, sounds good. Thank you again. Appreciate it. Thank you. All righty. Next up is order number 109452B,
petition of Comcast to install a new underground conduit starting at pole number 55, excavating to place one 3-in PVC conduit, 158 ft plus or minus in a provisioned um XX3 ft vault to provide
service to 634 street. Believe we do have a representative Comcast here. Good evening. How are you? Eugene Baroa is my name. I'm speaking in favor of Comcast today
and I am here to request a grant of location to trench across Forest Street to get to 630 Forest Street for a customer Galvian and uh bring services to the entire building essentially. Um, and as you described, scope of work is
is um, well, that was the scope of work you described. Um, this my first one of these, so if you guys want to Yes. Uh, council Ducet. Yeah, I got to ask questions through him just to let me know.
Anyway, um what I understand there's communications from the uh uh city engineer to actually get instead of doing a trench, but actually do a a line and a pole on the other side of the street. So, I think we need to get that resolved which way it's going to be
because the city would rather see it as a pole and a wire. So, I'm just trying to find and and we did. So, um I we met with the property owner. He is absolutely against putting a pole on the other side on his property. He prefers that we don't and I
don't think we'll actually get a right of entry to do so. To my understanding, Council Ducet, I know we've um had a couple communications from the city engineer and it sounds like he'd worked directly with Comcast to try to find, you know, an alternative solution. Um I do know we
have a couple of communications. um you know the alternate plan I believe we'll be receiving those plans shortly by tomorrow um to give us an idea but the road opening permit um from the engineering division would be required prior to the start of work and it sounds like we will be moving forward with the underground conduit.
Okay. Okay. Thank you councelor D. That was that was my only concern. So that's fine. Um, you know, I I don't have any concerns at this time, but any further questions from councilors? Thank you, Mr. Chair. Uh, no, no questions, but I I definitely support
the information that city uh engineer Tom Deersio has supplied you. Um, so I am in support of the alternate plan that he was going to put forward. So, I do have I would support this. Thank you, Council Irish. Any further
discussion? Do we approve it as it is and then let it or do we want to sh um shove it until they figure out what the answer is? I would I would I would think we would approve as revised by the city engineer but councelor councelor Austin.
Thank you Mr. Chair. Yes. So councelor Ducet. So we talked to Ton Persio tonight. He has the revised drawings. We just don't have them in the council floor but he has them. He's worked with con with um the applicant so they know where where the wires are all going. So he's happy with it. He said he'll send
them to Karen tomorrow morning. So if you approve the amended plans that are in the possession of the city engineer, that would be appropriate. Okay. Approve with the plans a me currently in possession of the city engineer. Sounds good. Motion has been made and
seconded. All in fa or any further discussion? All in favor? Opposed? The motion carries 3 to zero. And with that, motion to adjurnn. Motion has been made and seconded to adjurnn. Any further discussion? Seeing
none, all those in favor? Opposed? The motion carries 3 to zero and we are adjourned at 7:20 p.m. Thank you. Thank you very much, everyone. Good evening everyone. I'm going to call the city council urban affairs and housing committee meeting to order. It
is July 14th 7:30. We have two items on our agenda to take up this evening. The first one is order number 25100 9433. the application for a special permit from attorney Gemma Kashman on
behalf of TB Marboral LLC and Green Armory Laboratories Incorporated for the purpose of operating an independent marijuana testing laboratory to be located at 260 Cedar Hill Street. Attorney Kashman is not able to be with
us, but we do have Mr. Paul White from Green Armory who is here if he would like to come sit up in the well if he has any opening remarks. Otherwise, I'll just get into taking up this. Just make sure if you're speaking, Mr.
White, that the light is on on that microphone. There's a button in the middle to push. Can you hear me? Okay. All right. Do you have any? So, I am uh Paul White, vice president of uh Green Armory Laboratories. This is a cannabis laboratory. There are only
going to be a few people going in and out. Obviously, uh we'll all have the people who work there will all have cannabis licenses and the only other from the outside they'll be coming in as transporters and they also own a cannabis license transporting the
samples uh to our facility. And uh we uh did this before 3 years ago and a week before we got permission to open from the cannabis board, our investor passed away. So we already had a provisional
license to do this. This is not our first rodeo. So we are all set. I can answer any of your questions. All right. I'm going to open up with comments that we received from the department heads on the language in the
special permit. Uh the building commissioner, Mr. Twe had no building department had no issues. Priscilla Ryder from conservation sustainability, no comments, but she did note that during the site plan review committee, she will look more closely at the
landscape requirements and existing drainage to see if any improvements might be needed. Tom Depersio, the city engineer, also had no issues, but also noted that they may make improvements as part of the final site plan review. Assistant fire chief Emanuelson, the
fire department, has no issues. And Paul Dunwoody from the board of health, also had no comments, so we should be able to get through this without having to add any comments from department heads. I will begin.
Councelor Ducet. Thank you very much, Madam Chair. Um, I just like to get a clarification. What is the difference between TV Malboro LLC and Green Army Laboratories Inc.? I mean, they're two business entities. How are they related? EV Marorrow, I believe, is is that the
uh landlord? That's a landlord. We're in a building with other facilities. Uh, cuz this is a uh Okay. We we just occupy the far right hand side of the building. There's four other there's four other uh facilities in the testing laboratory.
Okay. So it it it doesn't necessarily say um that they are the landlord. So that was just the my own clarification. I appreciate that they have no affiliation except out being being a landlord. Okay. We may want to put um something in t item one about
them being the landlord and green laboratory being the occupant. How about if I just note to have the uh legal department check to see whether it needs to be clarified? That's fine. All right. So, the findings of facts. TV
Marble LLC, a limited liability company organized existing and in good standing under the laws of the state of Delaware, and existing in a good standing under the laws of the Commonwealth of Massachusetts, having a usual place of business at 42 Monument Street,
conquered Mass, hereafter referred to as TV Malboro. Number two is Green Armory Laboratories, a corporation organized existing in a good standing under the laws of the Commonwealth of Massachusetts, having a usual place of business at 260 Cedar
Hill Street, Malboro, here and after referred to as Green Armory and together with TV Marbor Collectively, the applicant number three, Green Armory is a prospective tenant of a commercial unit located at 260 Cedar Hill Street,
Malboro As shown on marble assessors map 115, parcel 7A, the site, the owner of the site is TV Malboro. The site is located in the industrial eyes zoning district. So I think that clarifies all of that. Y missed that.
Number four. On April 17th, 2025, the applicant filed with the city clerk of the city of Malboro an application for city council for issuance of a special permit under article 5 section 65017,
65018 A47 and 65032 to permit the applicant to conduct a business with the purpose of operating a marijuana independent testing laboratory. The use number five. The applicant consisted the application
consisted of one original and 20 copies of the following. An application to city council for issuance of the special permit. Filing fee check in the amount of $500. A butters list. Special permit summary impact statement. Special permit application certification by the
planning department. Tax payment certification site plan set consisting of one plan sheets prepared by TRO Engineering Group dated March 18th, 2025. The site plan architectural plan set consisting of six plan sheets
prepared by Elodanda Architecture LLC dated November 25th, 2024. Three sets of documents were delivered to the office of the city clerk. 12 sets of documents were delivered to city council and one set of documents were delivered to the police chief, the fire
chief, director of planner, building commissioner and the city engineer all in accordance with article 7 section 65059. Number six, the application was certified as complete by the building commissioner of the city of Malboro,
acting on behalf of the city planner for the city of Malboro in accordance with the rules and regulations promulgated by the city council for the issuance of a special permit. Number seven, in accordance with the rules and regulations of the city council for the city of Marboro and
applicable statutes of the Commonwealth of Massachusetts, the city council established June 9th, 2025 is the date for a public hearing on the application caused to be advertised notice of said hearing and the date thereof in the Metro West Milford Daily News and mailed
said notice to those entitled there too. All in accordance with master journal laws chapter 4A number eight. All abutters certified by the office of the board of assessors of Malber were sent legal notification of the public hearing via certified mail
prior to the public hearing on June 9th. The green white certified mail slips were submitted to the city clerk's office. Number nine, the city council held a public hearing on the application on June 9th, 2025 in accordance with the published notice. The hearing was opened
at the time provided in the notice and following the completion of testimony, the hearing was closed on said date. Number 10. The applicant presented testimony at the public hearing detailing the business operational plans for facility, especially as it pertained
to security waste disposal, hiring practices, community and economic impact, and such issues as the city council and members of the public deemed appropriate. Members of the public had the opportunity to testify at the public hearing. At the public hearing, no
members of the public spoke in favor of the use as the site and no members of the public spoke in opposition to the use at the site. The applicant number 11, the applicant provided written and oral documentation and testimony to the
city council and the city council's urban affairs and housing committee regarding the facility operation security and waste disposal. Number 12. The applicant provided to Urban Affairs written and oral documentation as to the handling of the waste materials. In
summation, all marijuana waste material used in the process of testing and leftover marijuana specimens will be disposed of by two marijuana agents that will be enclosed in a marijuana waste manifest. During and after this process
of disposal takes place, the marijuana waste will be stored in a secure area of the inventory room that will be separate and secure until the actual disposal takes place by a medical waste vendor. Records will be maintained in Excel
files for all marijuana products used and available for a minimum of four years. 13. The facility has 24-hour monitoring of security cameras as well as multi-tered levels of security clearance within the building. The applicant commits to work with city
officials and the Marro Police Department to address any and all reasonable security concerns. Number 14, all staff of Green Armory comply with all Cannabis Control Commission hiring requirements, including but not limited to any background inquiry check requirements.
Number 15. The applicant commits to considering local applicants for employment and independent contract purposes. Applicants residency will be one positive consideration among many considerations such as experience and educational background.
And number 16, according to the planning department, the site plan has been reviewed by the building department and conforms in all aspects to city code. It meets all requirements of the zoning ordinance. Based upon 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 city council as they pertain to special permit applications. B. The city council finds that the proposed use at the site is an appropriate use and in harmony with the
general purpose and intent of the zoning ordinance when subject to the appropriate terms and conditions as provided in this decision. The city council makes these findings subject to the completion and adherence by the applicant to the conditions more fully
set forth in this decision as further specified below. C. The city council finds that the site is located in the portion of the industrial zoning district located west of Interstate Highway Route 495 in accordance with section 6501847A
of the zoning ordinance and that the site is not located within 500 ft of a school or a daycare center in accordance with article 6 section 65032F of the zoning ordinance. D. In accordance with article 6, section
65032C of the zoning ordinance, the city council hereby determines that any adverse effects of the use at the site will not outweigh its beneficial impacts to the city or the neighborhood in view of the particular characteristics of the site and of the
proposal in relation to the site based upon consideration of the following. I'm going to breeze through these because they're going to be repeated later. uh social, economic and community needs, traffic flow and safety including parking and loading, adequacy of
utilities and public services, neighborhood character and social structures, impacts of the natural environment, potential fiscal impact including impact on city services, tax base and employment. hours of operation
requiring that contact information be provided to the chief of police, the building commissioner, and the special permit granting authority to the extent permitted by law requiring payment of a community impact fee requiring the submission to the special permit granting authority of the same annual
reports that must be provided to the Commonwealth of Massachusetts and the Massachusetts Cannabis Control Commission, requiring regular inspections by city officials or their agents and access to the same records which are available for inspection to the Commonwealth of Massachusetts
Department of Public Health or the Cannabis Control Commission. Requiring employees to undergo a criminal background check, including but not limited to Corey and an additional background check by the police chief. requiring surveillance cameras capable
of 24-hour video recordings, archiving recordings, and the ability to immediately produce images, and prohibiting the sale of any material or items unrelated to the purposes of registration by the Commonwealth of Massachusetts. Findings: The requirement is
specifically conditioned below, oh, sorry. uh the the ability for the business to when there's a whole slew of things that they need to do. Provide a secure indoor waiting area. Provide adequate and secure pickup drop off. Provide adequate security measures to
ensure no individual participant will pose a direct threat to the health or safety of other individuals. Adequately address issues of traffic demand, parking and queuing. uh provide opaque exterior windows, signs and signage
and the names of the business's business logos and are subject to state and federal law and regulations. And number 18, if applicable, reduce energy and water usage, engage in energy conservation and mitigate other environmental impacts.
E. The city council, pursuant to its authority under Mass General Laws chapter 4A and the zoning ordinance of the city of Marble, hereby grants the application for a special permit to the applicant in order to authorize the operation of a marijuana independent
testing laboratory at 260 Cedar Hill Street subject to the following conditions. Which conditions shall be binding to the applicant, its successors, and or assigns? Um,
I did notice in looking at the prior uh special permit that we granted to another independent testing laboratory that they had a number one that was called construction in accordance with applicable laws.
It reads construction is to be in accordance with all applicable building codes and zoning regulations in effect in the city of Malro and the Commonwealth of Massachusetts. And I think that is pretty much language that
we have in all of our special permit. So if there's no objection, I would suggest we so moved create that as a number one and then the rest of them will just get renumbered. So compliance with
applicable laws. The applicant shall the applicant agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the maintenance and operation of the use at the site. Site plan review. The use at the site is further
subject to site plan review in accordance with the city of Marbor site plan review ordinance prior to the issuance of any occupancy permit as required by article 6, section 65032E of the zoning ordinance. Any additional
changes, alterations, modifications or amendments as required during the process of site plan review shall be further conditions attached to the building permit and no final occupancy permit shall be issued until the applicant has complied with all conditions. Site plan review shall be
consistent with the conditions of the special permit and the material submitted, reviewed, and approved by the city council as a special permit granting authority. Number three, incorporation of submissions. All plans, photo rendering, 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 urban affairs are here and 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. I will note here I did talk to legal department because I was uh curious with past discussions that we've had to see if the details that are
in the finding of facts number five need to actually be relisted here. Uh it was suggested that the legal department can look at the two of them. I did note in looking back through multiple other
special permits that in the findings of facts where it gives all of the documents that were given to us, it does specify that there's a attachment A which is missing from this. So I think that that would be an inclusion that the
legal department will figure out where um we're in findings of facts 5 to have attachment A and then those documents that we received would be attached. Is that okay by everybody? All right. Number four, compliance with
state requirements in accordance with article 5 section 6501847C of the zoning ordinance. The use at the site shall comply with all statutes and regulations of the Commonwealth of Massachusetts for the lensure and
operation of an independent testing laboratory. Number five, security. A. The applicant shall maintain the security at the site in accordance with the applicable Massachusetts Cannabis Control Commission requirements for an independent testing laboratory. B. The
applicant shall maintain the designated laboratory and storage area as a secured and limited access area at the site. And C, the applicant shall maintain surveillance cameras capable of 24-hour video recording and archiving
recordings. And on this one, as I said, the other independent testing laboratory that we had when we granted them their permit, it had a statement. The applicant shall comply with the city council requirement
that a written security plan be approved and signed by the city of Malbor police chief or his design. So, I don't know if you talked to the police department about your security plan and if in fact there is a written
security plan that they have, if that's a necessary addition we need to add to the permit. We have a written security plan already and I'm not sure if we talked to the uh police offire yet, but
um they will be we can't do anything until you're approved. So, we can't install any wiring for the uh for the security. And uh we will be inviting the police department in and we'll be inviting the fire department in for a
survey to make sure we have everything right in compliance with your local laws. We um pretty much know what we're doing at this point. So, you would you have any objection to us adding that in there? So, that would just be a
I believe we already have it. It's in there. I submitted it to the city council before a security plan. You wouldn't have submitted it to us, but this is asking that the police department have the written security plan approved.
They will madam chair. Councelor Oing. Sorry. Thank you, Madam Chair. So, so Mr. White, what what we're asking is the last time you don't want to be sending security plans to the city council. I mean, you might as well post them on the website if you're going to send them to us. It's not a don't recommend that.
What we did in the past was we had the applicant just provide the police chief with the written security plans. Police chief normally works with the applicant gives you the thumbs up that it's good to go and then he has a copy of it for himself and his department at his at the
facility. So it's so alls we did in the past and have to be missing from this particular one is just add that statement that you'll provide the written plan to the police chief and he'll sign off on them. Mr. White, that's all. If you're okay with that, we'll just add that language in there. Like one thing we are going to do with
the fire department is uh have a list of hazardous materials which is required. Most of them are volatiles that we use for the processing of the samples and um so we will be providing the fire department with a MSDS list of all the
all the stuff that we use so they will know ahead of time if anything ever happens. So, uh, that's one of the reasons I invite them in is to make sure everything's in place. Like, uh, the regular fire extinguishers that are on
the wall will not do us any good. They contain potassium permaganate. It's a powder. It would ruin all our equipment. We're spending 1.2 million on equipment. We'll be using CO2 fire extinguishers for this purpose. uh where there's
equipment. The other spots will be using regular regular but anything even a computer will be ruined because the uh static electric uh capacity uh
tends to collect the dust on the boards and and you have to take everything apart to get it to work before you start it up. So CO2 fire extinguishers are going to be our our mode. We are storing um all our waste and our samples um
within one room and um the samples will be caged. So within the room will have a locked cage. None of us will be able to get in except by access with that key besides the room being locked. The only time we will be using that room is when
we have samples or we have to process samples and then take them out of there and put them on the instruments. But that room will have all our scales and have a computer which will monitor the use of what we have and what's left over. And some of the those details are
already in the site plan that we received and I'm sure would be clarified even more at site plan. I see councelor Vital had a hand. Madam Chair, would it be consistent if we're going to be asking for a security plan for the police to have oversight that we have a safety plan that has oversight from the
fire chief? So, Madam Chair, Council Austin. So, so with all due respect, Council Vital, let's not over complicate it. We've done this before. This is just the language that we want from the past. They've run these things in the in for testing laboratories. It's not my
version rocket science. You know, I I don't please don't complicate it would be my uh recommendation and I I'm sure that the fire department will make sure that they have everything they need when this goes back to site plan for site plan review and would make
sure that it's myself and Mr. Freedy have owned labs in the past. So, we always invite the fire department in no matter what. So, make sure we're in compliance with local laws and make sure we didn't miss anything. And I'm sure they were in looking at the
building at the former testing facility that we had. So are you okay with that? That's fine. M chair. All right. So we will add in that sentence into security. Um number six. Now number seven is processing and
odors. There shall be no processing or manufacturing of marijuana or marijuana infused products as part of the use at the site. Marijuana and marijuana products shall be prepackaged and sealed prior to arriving at the site.
Any odors associated with marijuana and marijuana infused products shall be limited to the interior of the unit. There shall be no on-site consumption or use of marijuana or marijuana infused products associated with the use at the site.
Hours. The maximum hours of operation of the site at of the use at the site shall be Monday through Friday 8:00 a.m. to 5:00 p.m. Number eight's contact information. The applicant shall provide current contact information of management and staff to the chief of
police, the building commissioner, and the city council. Annual reports. The applicant shall submit to the city council the same annual reports that must be provided to the Massachusetts Cannabis Control Commission. Inspections and records. The applicant shall make
the use available for regular inspections by city officials or their agents and shall provide city officials or their agents with access to the same records which are available for inspection to the Massachusetts Cannabis Control
Commission. Background checks. The applicant shall require that employees undergo a criminal background check, including but not limited to Corey and an additional background check by the chief of police who shall have the authority to disapprove the employment of any persons
as a result of said background check. Unrelated materials. The applicant shall not make available for sale as part of the use at the site any materials or items unrelated to the sale of marijuana, including without limitation
tobacco products, clothes, cigarettes, or ecigarettes. And I know I had looked at the original language. It's worded a little bit differently and I'm hoping that maybe legal can figure out how to reword that because you are not selling anything at this site and that's confusing when it
talks about that you're not going to make available for sale anything cuz you're not selling anything. He if he can clean that up if they're okay with that language. I'm sorry. Councelor Ducet. Yes. Uh possibly the best way to
reference this is this is not a retail establishment with nothing for sale. So there should be of something of that ilk which is ever. Yeah. Uh recording of decision is our usual language in accordance with the provisions of mass general laws chapter
48 section 11. The applicant at expense shall record this special permit. So that is the language. Madam chair when it's appropriate. I have a couple questions. Sure. I was going to say I'm finished so
I can I can open it up to first I'll go or were there any questions from the committee members? Any other changes? Councelor Orin then questions. Thank you Madam Chair. Uh under number six processing and odors. Uh when you test the products you said you have
volatiles. I believe you're using a solvent to do your testing. Do you do go ahead? Yes we uh our machines are are liquid chromatography LCMS. So it has to be in a liquid form. So we have to extract it out of the marijuana
and put it in a liquid form and then we put that onto the uh onto the uh machines and test it in general. That in instrumentation's quite nice to have the mass spectrometer, never mind a gas chromatograph. But the question would be is this done under a hood or is
that instrument hooked up to a vent? The instruments are hooked up to vents and we have two hoods. So all our processing and grinding will be done under hoods and uh we're going to be using element air which is the same um
instrument uh same uh filters that are used on the international space station and they are recommended for the marijuana use for even growers but uh some of the growers they're just the odors are too strong. Ours isn't ours aren't going to be that strong because
we already have controlled vents. So you answered my question. And I was going to ask, do you have any type of scrubbers or filters for that? So, yes, element. Yeah, we'll have three of those. Thank you. The concern is if it started evaporating into the air outside. You're absolutely right. And if Madam Chair, I just had two other
questions if I may. Certainly. Uh the hours of operation, I worked in a lab and I worked till 11:00 at night food testing, but it's still testing. Were you confined to those hours or did you want them to accept? They thought they asked for a policeman
on duty. They thought we were a a uh retailer. 8 to5 is fine for now. Yeah. Uh if we get bigger, we're going to come back to here and ask for extra hours. I would be agreeable to that. I feel that working in the labs through my career. I I didn't shut down at 5. You know,
I work at UMass right now. Um it limits the hospital. So, you're open in the laboratory right now. So, well, I'm in I didn't know if you were confined to those, but I would be in favor of extensions if needed. As you say, this is a lab. Uh right now, we have no problem with those
hours. And the only thing I would say under contact information, include the fire chief. Uh just so if there's an issue, you can it says to notify the chief of police, the building commissioner, and city council. I would just ask in number, it's actually 8 to B9 that
include the fire chief. Okay. Thank you. Thank you, Madam Chair. Is the committee okay with adding in fire chief? Chief chief of fire department. All right. Any other questions, comments? Any
Motion to approve? Councelor Ducet. Motion to approve as amended. Let's move to approve the special permit as amended. Is there further discussion? Seeing none. All those in favor? One, two, three, four, five.
Those opposed would be zero. So, that is wonderful that we can have a lab back in the city. And I'm sure the state appreciates the fact that they will have they just shut one down. I don't know if anyone heard about that. Yep. So, well, maybe with all of the closing of businesses, there won't be quite
the state shut them down. Anyway, we are using high-end equipment compared to what they use. We'll never see that issue that they ran into. That's good. Um, so I will be reporting this out on Monday the 21st of July and
we will ask to have it be referred to the solicitor to be put in proper form and it will be back on the council's agenda. Sorry, on our August meeting, August 8 18th, which is when the council as a full body
will vote on this special permit. Thank you. Once that is approved, um, then you'll be ready to go back to site plan. Okay. Assuming. All right. Thank you very much. All right. The second item on our agenda
is order number 109496, a request for the approval of a master sign plan for various signs pursuant to chapter 50 3371A of the city code for the McDonald's
restaurant to be located at 735 Boston Post Road East in the Wayside zoning district. And councelor Ducet recused himself. Councelor Det has left the meeting. So, I will make sure I note that. And we
have with us representative from McDonald's. If you would like to reintroduce yourself, please. Yes. Thank you. Um, Ann Soilleski on behalf of McDonald's. And we have a
documentation that came from us, which I actually was hoping you had brought bigger copies because I was having trouble reading some of the fine print. And um I will read the letter that you sent us
um city council city hall regarding McDonald's USA application for approval of the master sign plan. Dear President Oing and honorable members of the city council, this firm represents McDonald's USA LLC. the applicant in connection
with its proposed restaurant to be located at 735 Boston Post Road. As the property is located in the Wayside District, the Marble zoning ordinance requires approval by the city of Marble City Council on the master sign plan for
the property attached. Please find the complete sign package for the property for review and consideration by the council. With respect to the monument sign proposed to be located on Boston Post Road, the applicant presents two
alternative sign options. The first option, which is the applicant's preference, is for a taller sign should the council, however, disfavor the first option. The applicant has also provided an alternative lower sign. Please let me know if you have any questions
concerning the enclosed. Thank you for your assistance. Sincerely, Ann Soilleski Esquire. So, what you have sent us, I guess what I was having trouble seeing, and I didn't print it in color, but was the map of
the site with uh a bunch of little dots that were coded with letters that matched. And I couldn't tell what the lettering was. So, I don't know if anybody else had an issue with see if because I wasn't sure if we're approving
a sign plan. If this is technically what we're approving, then everybody needs to know exactly what that is. Um, did everybody else have the same issue trying to see what each of the red dots
meant? When they're red, it's a little bit easier. The black and white version is a little bit harder, but yeah, the red so I tried blowing it up and it and make the picture bigger, but it just made everything more blurry. So, um I guess we'll hold off on this and and
have cuz I think that the main discussion may relate to the the McDonald's preference for the tall sign and the city's maybe preference for the smaller version of the sign. So
everybody could probably see that pretty clearly. The first sign, um, which one of them only shows that it has the McDonald's at the top and then it has drive-thru and it's only 4t wide
by 30 feet tall. And then there was one that had the M at the top, a cafe, a Wi-Fi in 24 hours. that was it seemed to be 8 ft
across and I'm not sure how tall cuz it doesn't give me the height. Um so I will open that up to discussion. Madam Chair, Councelor N. Thank you, Madam Chair. Um and thank you
thanks for being here. Um and thanks for your commitment to kind of working through some of these issues. I know um we had this conversation during the special permit process um and I appreciate you giving some of the options. I feel pretty strongly um as I noted um during the special permit the the sign that admittedly is not the
preference of the company um is the smaller one. I appreciate you putting a uh what appears to be a 6' tall gentleman next to a sign so we can see it with scale a little bit. Um, and boy does he look tiny next to the big 30ft
sign. But, um, my preference, my strong preference would be, um, the the smaller sign. It It's simpler. I actually I think it's a kind of a a classier looking sign. Um, if you guys were a different business, I may be a little bit more, you know, not
sympathetic, but I I could understand the need to really grab people. McDonald's being such an iconic brand um it's being so easy to spot and quite frankly you know for with a um people who are looking for a new venue maybe just plugging it into ways or their GPS
anyways um you know this is not a highway where people are looking to kind of grab it um I I think that it is sufficient I don't think that um brand loyalty or um brand um awareness is a challenge for you guys but I do think
what it also does is it really creates and helps to create and um the atmosphere of the district that was intended when the Wayside zone district was created. Um a lot of work has been done um in this part of the city to
really clean it up to make it more inviting. um the the very and I know council dous not here right now but um the very long painful process um that has gone on on that part of the city with the road work um the installation of the new curbing the installation of
um pedestrian and bike safety um I think this really creates kind of the atmosphere that they were looking to so um I don't want to go on and on about a sign but I that is my strong preference and I really appreciate your your willingness to work with us um and providing it as an option thank you madam chair thank you and I will say on the smaller
sign, the sixoot sign, it has non-illuminated, but you can have lights that's shining onto the sign so that it does, especially at nighttime when the store is open, that makes it a little more visible, right? We didn't make any of the um
signs internally illuminated. They're all um even the two M's, the M in front and the M on the side, they're not illuminated. Okay. Well, that's good because it wasn't clear if they were or not. So, uh, anybody else have comments on the
main sign? Councelor Fillo. Thank you, Madam Chair. Um, Council Naven hit the nail on the head to many of my same kind of understanding of the situation. You know, I I don't think you guys struggle with brand identity or folks, you know, recognizing McDonald's. Um, I think folks who who are going to
go to McDonald's will see a new one. Um, and they they will patronize, you know, the business regardless of um the signage. I know I've fielded a couple calls just from folks also in that plaza, some other business owners. Um, and in just talking to them, you know, they're excited about the prospect of McDonald's going there. They think it
brings more foot traffic to the area. Um, and you know, again, I think that's regardless of kind of what the signage is. I know staying true to those businesses. Um, you know, they're held to a pretty minimal kind of standard of what they're allowed to to use in terms of signage. So, you know, for me, I want to I want to stay true to those
businesses um that are in that plaza, many of which are a little bit smaller than than a than a chain like McDonald's. So, um and staying consistent there, I also favor the the smaller sign in this case. Um thank you, Madam Chair, Council Presiato. Thank you, Madam Chair. Um I'm not going
to say much, but I do echo the same sentiment as the other two counselors on committee, so it's all thank you. All right. So, it seems like we're all in favor of the non-illuminated 6 foot by 8 foot simple M sign that is
shown with the person standing next to 6T by 5 foot. Did I say you said 6 by 8? Uh, looks like five. Oh, did I say eight? Oh, I'm sorry. Five. Five feet. 6' tall, 5t
wide, um as opposed to the taller sign. So, the issue becomes um this one document that has all of the signage. Okay.
Leave it down there. Um, I can kind of go around using this larger piece if everybody has theirs and begin in the top left hand of the site where the exit, the first exit and that D is. The
D stands for directional and there's two of them, one on each side of the enter and exit of the driveway. Then below that is the red dot that says MS, which is where the monument sign
would go, which is now not a I don't know if that's still considered a monument sign. I guess the um the signifying that it is a McDonald's. Then further below that is the letter PF, which is a
pull forward sign. And there are two more pull forward signs in front of the building. One right at the middle of the front of the building and one at the lower left hand corner.
On the lower left there, WA signs that are wall arches and those I think we can see in the pictures of the side of the building. Circling around uh counterclockwise is a M O which is the
mobile order blade sign and the lower right is a PSB which is pre-ell board and there are two of those.
Uh OC is order here canopy and then there are two more menu board signs because there are two drive-thrus. So the same signs are on each of those
around continuing counterclockwise to the building are three WPD signs which is window position decals and those there were three of those um
for where I guess people would pick up their orders. Madam Chair, if I can just ask a question on those three windows. Yes. Um, how does how do they work? I never been to McDonald. They're probably out there that have three windows. I've been to a Dunkin Donuts with two windows, but
is it something new, if I may, Madam Chair, to the applicant? Yes. It's supposed to make it more efficient. So, you get directed um once you place your order, they'll tell you which window to go to to pick it up. So, if you're ordering something that has a
lot of components, you could get directed to one window and then the people who are behind you or ordering less things could get directed to a different one to keep the flow going. Which makes sense, but just curious, does it cause any accidents? Uh, people trying to pull out from the say the
faster window or even the further window and all of a sudden the car is coming right by them. No, it hasn't caused any problems. Okay. No, it's just curious. I've seen three windows. Makes sense, but I never seen three windows before at a McDonald's. Thank you.
Sure. All right. And then on the on the western side of the site, there are 1 2 3 4 five red circles that have M O. That is for the mobile order. Um, which I was curious about that. Do
people pull into those spots to place a mobile order or to pick up a mobile order? Pick it up. Okay. there just for the pickup. Um versus going through the line where everybody who is ordering there. Uh all right. And then there are at the back
end there is another entrance exit that helps people trying to get out of there to be able to go to the lights and um the the directional signs. So my only question was in looking at
the site the documents that we got with for the site plan. It has on it and this is tiny too. Um, but it has two wall signs and then
it has some other number. So, I'm not sure if we're approving signs that you're not going to be able to put on the building because site plan will say that you have too many signs. um site plan sent us here to get this
approved because they you're responsible for the signage package. Okay. So, they didn't even discuss the signage. But what we we've been through the process with site plan and we've responded to everybody's comments. So, if you approve
this sign package, then we'll mesh the two together. Okay? Cuz what's in here is by the code. And again, I should have tried to figure out how to make this bigger and I did not have time. Um, the maximum number of
signs according to the code is two wall signs. So, I'm guessing those are your two M's that are on there. Yes. And then there are also other code for other a front wall sign a
maximum wall signs and a and drive-thru signs. And it's so tiny that I can't read what it says. But if we approve if by approving this there
are more than are allowed by the code. I don't want to have confusion. So the give that. Sure. So, the engineers went through um went through the requirements in order to make sure that we would comply in
terms of I would have guessed that you did and and my only concern are the three additional signs on the pickup side where you have those pictures showing that it's window one, two, three, and
and pickup. If if the if only two signs are allowed and they're the the two M's that are on the buildings, will they allow the additional? Madam Chair, I don't this is a hypothesis. I'm not claiming to understand part of the code or the fact
that I can read this and I'm struggling emotionally with the fact that I am getting more and more hard of sight here. Um there are several drive-throughs that have multiple signs from a directional cap capacity. I have to assume that these are fine with that. As are the
mobile signs which every plaza now has for mobile pickup orders. And this doesn't look any different than the Starbucks about 500 yards west of there or the Chipotle. So, um I am comfortable with that. Go ahead.
Sorry if if I name just to say so the the window signs they don't have the M on them either. They're just the they're just the the number, right? But you do have two M's on the building. There's one on the east elevation and I thought
there was one on the Is there only one? No, I think there's two. No, there's two. There's There's one on the front facing and one on the All right. So I I'm okay with approving this
plan for the signs as brought with the clarification that it is the um smaller one, not the we can get rid of that and go with just this 5ft by 6
ft non-illuminated monument sign. Madam Chair, Councelor Nan move to approve the master sign plan uh for the various signs um for McDonald's um that includes the master sign that is
6 ft tall by 5t wide. All right, I will second that. Is there further discussion questions? Seeing none, all those in favor of approving the site the sign plan
with the smaller monument sign. One, two, three, four. Councelor Ducet has recused himself, so I think we are good with that. Um, so the plan is to have this reported out
at Monday's meeting. This does not need to go to it's not a special permit. It doesn't need to go to legal. So, could I suspend to have it approved? I don't know that there's real hurry cuz I don't even know if you've pulled a building permit yet. No, we don't have the building permit.
So, it could just lay on the t I can report this out. It can lay on the table till our August meeting. we can approve the sign signed plan and then you'll be ready because I'm assuming you've still got to go back to site plan to finalize all of those other details.
That would be perfect. Okay, move to adjourn. It's been moved and seconded to adjurnn. All those in favor? We are adjourned at 8:21. Thank you.
Thank you.