Good evening everyone. I'll call the city council to order at 8:00 on Monday evening, September 22nd, 20. This meeting is being recorded. Please join me in the pledge of allegiance. Pledge algiance to the flag of the United States of America to the republic
for which it stands one nation under God indivisible with liberty and justice for all. >> I would ask if you could please remain standing uh for a moment of silence. Uh former city council president Walter Bonan uh
recently passed away. Uh Walter served city council seven years as city council president and he also served I I couldn't count how many years as a licensing board chair. Silence for uh councelor President Walter Bone.
Thank you very much. Okay, today we have 17 items on this evening's agenda and I will ask the clerk agenda item number one, >> minutes of the city council meeting September 8th, 2025. >> Councelor Brown. >> Thank you, Mr. President. Move to accept
and place on file the minutes. >> Made in seconded to accept and place on file the minutes. Any discussion on the motion? Seeing none, all those in favor? Opposed. The minutes are filed and the vote is 100. Item number two, >> communication from councilors Oing and Naven regarding municipal aggregation
September 2025 update. >> Councelor Naven, >> thank you very much, Mr. President. Um, Mers, who participated in our aggregation program, saved over $104,000 in the second quarter of 2025. The city's contract with First Power began in February of 24, will run through
November of 25. The rate is 14 14.15 cents per kilowatt hour, which is lower than the national grid rate of 14.67. 672 and the basic service winter rate of 15.484 cents per kilowatt hour um from August
24th through January 25. Um oh sorry that is a type of uh importantly this contract uh provides 100% renewable um and this um contract with First Point Power has saved more than $2.9 million since the aggregation program has been
in effect since 2007. um municipal uh residential users have saved over $41 million and people should be proud of that. Um I have motion to accept and place on file. Motion made second to accept and place on file the communication. Any discussion on the
motion? Seeing none of those in favor opposed communication is filed. The vote is 10. Agenda item number three. mayor got a gift acceptance in the amount of $500 from the disabled American Veterans Organization awarded to the Veteran Services Department to be used to cover the cost of pizza lunches. Council Iris.
>> Thank you, Mr. President. Motion to approve the gift, please. >> Motion made and seconded to approve the gift. Any discussion on the motion? Seeing none, those opposed, the gift is approved and the vote is 100. Agenda item number four, >> communication from the mayor regarding certification of free cash in the amount
of $7,95138. In addition to transfer requests from the undesated fund to OPEB trust and the UN and undesated stabilization in the amount 795,14380 each respectively pursuant to the financial policies of the city.
>> Council Iris. >> Thank you, Mr. President. I'd like to make a motion this evening to approve both transfers. Uh first transfer would motion to transfer request in the amount of $795,143.80 80 uh fromation account and also a
transfer of free cash in the amount of $795,143.80 to our OPE account, please. >> Seconded to approve both transfers, 10% going to OPED and 10% going to the stabilization account. Any discussion on the motion? >> Thank you, Mr. President. I wasn't for
sure if it was going to finance, so I was saving my questions for there, but we can do it here. Uh I'm looking at the stabilization undone. Uh the available balance of 24,376,358. Um just explanation is some of that money is dedicated of Westside Fire
Station and other projects, but is that up to date to this point? >> Yes, this the sheet that the auditor provided is up to date. So you'll see there's a downtown project, there's a westside fire station, there's open space, >> and there's the undesated piece which is where this fund will go.
>> So with that money we're doing, all I'm trying to say is that's a pretty healthy amount of money. 24 million. That's um >> But if you they want it between closer to 15%, we're only at 12. So we're working our way slowly up there. >> They want 15 now. That is correct.
>> Well, thank you. You answered. Thank you, Mr. President. >> You're welcome, Council Laura. on the motion to approve both transfers. Any discussion on the motion? Seeing none, all those in favor? Transfers are approved and the vote is 10-0. Agenda item number five,
>> communication from the mayor regarding a transfer request in the amount of $9,297 from free cash to street construction to cover the expense of repaving a section of Cachman Street. >> Councelor, >> thank you, Mr. President. Um, I'd like to thank uh city engineerio for
submitting the letter um uh outlining the uh conversations that they had with the developer. Uh my motion would be to approve the transfer request in the 9,21 cents >> from motion made and seconded to approve the transfer. Any discussion on the
motion? Council Ducat. >> Mr. President, um to the mayor, nice job. Usually some of this stuff doesn't get done. This is the dotting the eyes, crossing the tea while the whole thing complete. So, it's a real advantage to the community even though it's not in my ward. I got a compliment. Good work when
I see it. So, thank you folks. >> Thank you, Council Ducette. Any comments on the motion? Seeing none, all those in favor? Opposed? The transfer is approved and the vote is 100. Agenda item number six. >> Communication from the mayor regarding the appointment of William H. Payton III
as building commissioner for a one-year term from the date of council confirmation. Council A. >> Thank you very much, Mr. Um, thank you to the mayor for sending this down and thank you for build uh to be willing to serve. Um had an opportunity to talk with Bill a little bit earlier today. Um
and I told him that over the past about 6 to 8 months, I've had the opportunity um in random conversations where people have come to me and offered that um we're really lucky to have Bill um that the office runs well with him and um to the craft and as well as his focus to detail is something that we should be
really proud of. So when this came down, I was really appreciative of his uh him. And so with that, I want to make sure that um if it's within the council's um opinion that we should move forward on this tonight, um to do so, start the position of backfilling bill and making
sure that that office um which is critical to city operations is fully staffed and moving um as quickly as they can. So with that, I would ask for a motion to approve the appointment of William Payton as building commissioner for a one-year term to begin on Thursday, September 24th. Motion made and seconded to approve the appointment
of Mr. Peyton to commissioner for one-year term. Any discussion on the motion? Council Orum. >> Thank you, Mr. President. Looking at William Williams uh resume, very interesting. He worked himself to the point where he's going and I'm glad he's
staying with us. Uh but he also has a private and public background. So I So he sees the other side as well. So I have no problem with this appointment as well. I'm glad he's willing to accept. Thank you, Mr. President. >> Thank you, Council Orum. Any other
questions or comments? Council Ducet. >> Thank you very much, Mr. President. Thank you for accepting the job, Bill. So, I've worked with him off and on as most house owners do, you know, working with the building inspection department. So, I think it's great that someone from inside has taken over. So, thank you
again. >> Thank you, Council Ducet. Hearing none. All those in favor of the appointment of the building commissioner. All in favor? Opposed? The appointment of Mr. Peyton as a building commissioner for one-year term is approved is 100. Congratulations,
William. [Applause] >> Uh, agenda item number seven, >> communication from the mayor regarding notification of temporary appointment pursuant to mass general law chapter 41 section 61A of Brian Dahan as interimm collect city 2025 for a 60-day term to
expire November 15th, 2025. >> Council Naven. >> Thank you, Mr. President motion to accept and place on file. >> Motion's made in file of communication. Any discussion on the motion? Seeing none, those in favor opposed. Communication is filed and the vote is 100. Communication from city solicitor
Jason Gfield regarding request from Saul car Caraval on behalf of Chapa Pisa restaurant 203 to 205 Main Street. Request for use of city property for outside seating in proper legal form order number 25-100 9529A. Council Brown. Thank you, Mr. President.
Move and place on file the communication. And I ask for this item to be moved to number 16. >> Motion's made in the second to accept and place on file the communication. Move this down to agenda item 16. Any discussion on the motion? Seeing none, all those in favor? Opposed? The motion
carries. This is accepted and placed on file. The communication and going to number six. Agenda item number nine. Communication from city solicitor Jason Grossfield regarding the application for special permit from attorney Gemma Kashman on behalf of Royal 401 for the purpose of operating an approximate 23,500T
warehousing and distribution facility to be located at 415 Elm Street in proper legal form incorporating approved by the city council on September 8th 2025 order number 25-100 9434E council. >> Thank you Mr. President move to accept
communication from the solicitor and to move this down to agenda number 17. >> Motion's made in second to accept and place on file the communication and move this down to number 17. Is there any discussion on the motion? Seeing none, all those in favor opposed.
Motion carries. This is accepted and placed on file for communication. Moving down to agenda item number 17 and the vote is 100. Agenda item number 10. >> Communication for the board of registars. registars of voters regarding request to authorize inerson early voting for the municipal election
pursuant to chapter 92 of the acts of 2022. Councelor Fill. >> Thank you, Mr. President. Uh move to approve the dates for early voting and to early voting site. >> Motion's made and seconded to approve the dates for early voting and city hall as a designated voting location. Any
discussion on the motion? None. All those in favor? Opposed? The motion carries. The dates for the early voting are presented in the letter and the location will and the vote is 100. Agenda item number 11.
>> Uh, communication from the Fort Meadow Commission regarding updated Fort Meadow rules. >> Thank you, Mr. President. Just wanted to take a moment to thank the Fort Meadow Commission. The FMC has been working on this for the past year now um and has done some very diligent work to get us some boating safety rules uh for the
Fort Meadow Reservoir. Uh, councilors should note that these rules haven't been revised since 1989. So, this was quite the undertaking for the group. Um, I know Commissioner Peter Sharon is here, so I'd like to thank him as well as the other commissioners, Paul Gould, Carl Blley, JP08, uh, Jason Schaefer,
and the chair, Gary Pelleter. With that >> motion's made, second, accept, and place on file communication. Any discussion on the motion? Council Oram, >> I would like to concur with the wad 6 counselor 1989. These are really a great change. And also, if anyone's listening
who boats on Fort Meadow, as of April 1st of everyone operating a motorboat or personal watercraft are required to have a valid boater safety certificate. So, that's going to make a big difference too, Mr. President. >> Thank you, Council Orum. Any other
discussion on the motion to accept and place on file? All those in favor? Oppose. Motion carries. The item is filed. It's 100. Agenda item number 12, >> communication from attorney Brian Faulk on behalf of the Gutierrez Company and the Malbor Northro Realy Trust regarding
resubmission of the proposed amendment to chapter 650 zoning to create the Ames Village Olay District. Councelor Roi. >> Thank you, Mr. President. Move to refer this to the planning board and affairs set a public hearing for urban for the
city council for October 20th and advertise. Motion made in second to refer this item to board. We'll set a public hearing for October 20th and advertise. Any discussion on the motion? Seeing none, all those in favor? Opposed? This item planning board with a public hearing October 20th and
advertise. And the vote is 10. Agenda item 13. Application to amend a special permit and site plan approval. Faulk on behalf of Taj Estates for the mixeduse project known as E on Main. Previously approved at 163 to 175 Main Street. Council.
>> Thank you, Mr. President. Uh, this is exciting to see somebody coming back to hopefully fill that vacant spot. Um, move to refer this to set a public hearing for October 20th and to advertise. >> Motion's made and seconded to refer to the urban affairs committee. We'll set a
public hearing for October 20th and advertise. Any discussion on the motion? Seeing none, all those in favor? Opposed? This is going to urban with a public hearing October 20th and advertise. And the vote is 100. >> Boards, commissions, and committees. >> Mr. President, >> councelor Detent.
>> Thank you very much, Mr. President. Motion to accept and place on file the minutes of the board of assessors and the council of aging. >> Place on file the minutes. Any discussion on the motion? Seeing none, all those in favor? Opposed? All the minutes are getting filed and the vote is 100.
Councelor Brown. >> Thank you, Mr. President. Move to send the claims to legal department, please. >> Motion's made and seconded to send the claims to the legal department. in the motion. Seeing none, all those in favor opposed. The claims are going illegal and the vote is 100. Reports of
committees. Any reports of committees? Raise. Good. I'm okay. Agenda item 16. Order number 25-1009529A. Communication from Sal Carval on behalf of Chapa Paisa Restaurant 203 to 205 Main Street. Request for use of city
property for outside seating. the recommendation of legal to approve. Councelor Brown. >> Thank you, Mr. President. Um, I'd like to move the recommendation of the committee to approve. >> Motion's made in secondation of the committee. Any discussion on the motion?
Seeing none, all those in favor? Opposed? It is approved and the vote is 100. Item 17. >> Order number 25-100 9434E. Application for a special permit from attorney Gemma Cashman on behalf of Royal 401 Elm Street LLC operating an approximate
203,500T warehousing and distribution facility to be located at 415 Elm Street. Recommendation of the urban affairs committee was to approve as amended. Time limitations extended to uh at the September 8th, 2025 meeting
at the correct >> Alison Roby. >> Thank you, Mr. President. Um, as the clerk just said, this was recommended by the urban affairs committee to approval amendments. Since that was done, the
full city council has made other amendments. So to an urban affairs recommendation at this point, it's a full council recommendation. And I know we get confused when we say move to deny. I'm going to do the opposite.
Although I will not support it. I will move to approve the special permit as now amended twice by this body and in proper form by the solicitor. >> Motion's made and seconded to approve
the special permit. I will ask the clerk take a drink for us. >> That's read the conditions. Uh sit down. Uh Mr. Clerk, you have the floor. City Council pursuant to its authority of Massachusetts general law. Chapter 48 in the zoning ordinance grants the applicant a special permit for the
transportation terminal and freight depot consisting of the project of the project for the purpose of operating distribution facility for goods and materials at the site as shown on the plans filed with the city council subject to the following conditions. Which conditions shall be binding on the applicant successors? One, construction
in accordance with applicable laws. Construction of all structures on the site shall be in accordance with all applicable building codes and zoning regulations in affect the city of Auburn and the Commonwealth of Massachusetts. the plans. Two, site plan review. The applicant shall comply with all conditions set forth in site plan approval for the project and set conditions shall also be conditions of
this special permit to the use. Any additional changes, alterations, modifications or amendments as may as may be required during the process of site plan review or or by the city site plan ordinance shall be further to the building permit. No occupancy permit shall be issued until the applicant is complied with all conditions. Subsequent
site plan review shall be consistent with the conditions of this special permit. Plans submitted, reviewed, and approved by the city council special permit granting authority. Three, modification of plans notwithstanding conditions one and two above. The city council or the site plan review committee may approve engineering changes to the plan so long as said changes do not change the use as
approved herein or materially increase the impervious area of the use, reduce the green area, alter traffic flow, or increase the size of the building as shown on the plans. Any modifications of the use as approved herein shall first require modification of this special permit. Four, conservation commission. The applicant shall comply with the
terms and conditions set forth in the order of conditions of compliance with applicable laws. The applicant shall comply with all applicable municipal, state, and federal rules, regulations, and ordinances, and as they may apply to the construction, maintenance, and operation of the site, including without limitation compliance with local conservation commission orders, the
Massachusetts Environmental Policy Act, and the state building code. Six, incorporation of submissions, photo renderings, site evaluations, briefs, and other documentation provided by the applicant as part of the application is amended or reviewed during revised, excuse me, during the application hearing process before the city council or the city council's urban fee are
hearing incorporated into and become part of the special permit and become conditions and requirements for the same unless otherwise altered by the city council. Seven, hours of operation. The maximum hours of operation of the use shall be 24 hours, 7 days a week, subject to the following limitations. A. Loading or
unloading of trucks at the site is prohibited between the hours of 9:00 p.m. on Fridays to 7:00 a.m. on Saturday to 7:00 a.m. on Sundays. B. Forkl forklift operations in the truck court area are prohibited between the hours of 9:00 p.m. to 7:00 a.m. 7 days a week. Operation and emptying of trash
containers are prohibited between the hours of 9:00 p.m. and 7:00 a.m. 7 days a week. Eight. Lighting. Applicant shall install lighting in accordance with the plans to light trespass from the site onto neighboring properties. If after the issuance of the occupancy permit during the first year of operation of the use, the building commissioner determines there is unreasonable light
trespass emanating to adjacent property, such as direct light from a light source which is not confined within the site or light overspilling onto adjacent property or into the night sky. The applicant shall take steps to address any such light trespass subject to administrative site plan review of changes to lighting. Nine, landscaping.
The applicant shall plant and maintain in good condition the uses landscaping substantially in conformance with the plans. 10. Signs signage at the site shall comply with the city's sign ordinance. 11. Noise and air quality. The applicant shall comply with the city's noise ordinance and shall comply with all state and emissions. Prior to
the issuance of the building permit, the applicant shall conduct a noise study to determine baseline current noise levels at the site property lines. The applicant shall conduct the same noise study 75% occupancy level as determined by the building commissioner. The applicant shall provide occupancy level status and submit a copy of completed noise testing to the building
commissioner. If needs municipal, state or federal law, ordinance or other requirements, the applicant shall take steps to reduce the noise generated by the use in order to comply with said requirements. Bay doors shall be closed when the bays are not in operation, active loading or unloading to prevent
noise transmitting from interior operations. 12. Water supply protection. The applicant shall requirements of the city's water supply protection district section 64024 zoning ordinance and this decision does not authorize any exception to the prohibition uses and requirements of said ordinance. 13.
Traffic traffic associated with the use shall not exceed the pro projected traffic estimates truck and total vehicle trips per day provided by Vance and Associates, excuse me, and set forth in certain transportation impact assessment entitled proposed warehouse facility 401 Elm Street, Malber, Massachusetts, prepared for Lincoln
2024. In the event the use exceeds said traffic estimates, the applicant shall be responsible to reduce the site generated traffic in order to comply with said traffic estim fulfillment center prohibited. The use shall not include any direct to consumer fulfillment center, last mile e-commerce, delivery center, or other
similar type of use where the goods or materials are supplied direct, all of which are prohibited at the site. 15. Hazardous materials. The use shall not include warehousing and or transportation of hazardous substances and or solid waste as defined general law chapter 21E to, from, or on the
site. 16. Open space. The applicant shall grant a conservation restriction to the city by and through its conservation commission or its design over the area of the site identified as potential conservation easement area including any area outlined in green shown on the plan attached as attachment
B the restricted land. The form of the conservation restriction over the restricted land shall be approved by the city solicitor and the con city conservation officer prior to the issuance of building permit. The conservation restriction must be approved by the council and mayor before beginning being approved by the secret state secretary of energy and
environmental affairs. The conservation restriction must be granted and recorded prior to the issuance of for the use. The conservation restriction shall run in perpetuity and preserve the res restricted land as open space. The conservation restriction will allow the applicant to construct, install, maintain, and repair any infrastructure,
structural improvements, and/or maintenance required for the construction and use of the project and/or the site on certain limited to be identified on a subsequent plan for purpose of the conservation restriction only subject to approval by the conservation officer. and two, access to said air, access said area to install,
maintain, and repair the retaining walls, drainage areas, and other requirement required utilities for the project and/or the site if necessary. And B, prior to the issuance of the building permit, the applicant shall provide a payment to the city in the amount of $25,000 to be used by the city for the maintenance and stewardship of
conservation land in accordance with the city of Malro Conservation Commission guidelines. 17. Recording of decision. In accordance with the provisions of Massachusetts general law, chapter 48, section 11, the applicant at expense shall record this special permit in the Middle Sex South Registry of Deeds after the 20-day period for appealing the special permit as elapsed with no appeal
having been filed and before the applicant is applied to the building commissioner for a building permit. Upon recording, the applicant shall forth with provide a copy of the recorded special permit to the city council office, the building department, and the city solicitor's office. >> Well done, Mr. Clark. Councilors, there's been a motion made and seconded
to approve the special permit. You've heard the conditions. It is now in your hands to discuss. Open it up for comments or questions. Councelor Brown. >> Thank you, Mr. President. So, this is um
this is a project that I have thought about many times um and the many um different amendments that have come through. Um and so I asked myself, you know, why doesn't this sit well with me
after all of these amendments? think the project does not suit the area with the proposed use. I understand and appreciate the conservation for potential environmental impact and the
um the pieces in there about looking back at traffic for potential neighborhood impact. But um my my main reasons for not supporting this would be for noise nuisance and traffic nuisance
for the type of business this would be operating and the way the accommodations for future studies are stated. It makes me consider the residential neighbors and that they'll be subjected to the nuisance and suffer as the studies are
done and Pablo solutions are put in place and then from my house I can hear rigs breaking on 290 and I moved into highways there and that these are sounds but I just I don't feel like the residents of Berlin
Road um Elm Street Felton Street not been subjected to this type of um business use and I have had constituents reach out with concern or um mostly about the noise, traffic, light um and
environmental impact and all of those concerns still um concerns for me. So I will not be supporting it. Thank you. >> Thank you, Councelor Brown. Anyone else? Councelor Fill. >> Thank you, Mr. President. Um, obviously
we've had a lot of discussion about this project, so I'll try to keep my remarks brief. Um, I appreciate councelor Brown and the other counselors who've articulate their positions as to why they're opposed to this project. Um, just throughout this process, I've been trying to keep note of of, you know, why folks are in objection to this. Um, and
what would be some of these situations? Um, and so I feel like the big three that keep coming up are the light trespass, the truck noise, and then the vehicle volume, which I think is noise. Um and so I go back and take a look at our conditions and what we've done so far to to do something about these
concerns. So going back to lighting when this fairs uh you know we had we had talked about how we can revise that language and it's since been revised by both the developer and the city solicitor uh that basically you know the developer uh to determine you know what is unreasonable light trespass um to the
adjacent property and the applicant will have to take steps to address it um sub administrative site plan review. um going to noise and air quality, right? They have to abide by all the city's noise ordinances. Um as well as they have to conduct a noise study, have a baseline of what noise is at this parcel
and then 75% through the occupancy level, we'll do that study again to know if the noise is a concern and if it is, they have to take steps necessary to comply with our requirements. Right? So they are bound to make sure that noise and air quality will not be an issue. We look at traffic, right? Vanessa
Associates, they are that traffic study that's been approved by site plan. So they they are bound to this. This isn't just something that that's in here as fluff. These conditions are applicant to abide by this that this this remedies the noise issues. It remedies the air quality issues, the traffic issues. And
then we go back to the last thing that I keep operation. Right? We have three conditions in here under condition 7 that limit the hours of operation. And again, they're bound by those truck trips in the evening. two truck trips per hour in those those, you know, nighttime hours. So, it's not like this
is a true 24/7 facility. I think a lot of these issues have been addressed by body by the urban affairs body and by the developer who's come back time and time again to meet us where we have concerns. So, I am fully in support of this project as amended by this body. Um, and I recommend my colleagues also
um recommend approval of this and vote in favor. Thank you, Mr. President. >> Thank you, Councelor Pillo. Councelor Roby. >> Thank you, Mr. president aided all along. I am also opposed to this project. This site is 24 acres or about according to the math that I had 1
million square ft. The applicant proposes to build a distribution center, not a warehouse, known tenant of approximately 23,500
square ft or about a quarter of with a total of 135 185 parking spaces, about 30 of them at the far back of the property and all of the rest of at the front. 35 loading bays at the back of
the property and a ring road around the building. It is located within a water supply protection zone where a maximum of 33% of imperous covering is allowed
proposing to cover 43%. The site is currently covered with trees and includes a I tried to find out, but I can't read the teeny tiny little print on the copies that I have, but residents have told us they're concerned that they
will see at the bottom of that grade from the residential houses that are down there. When asked at the public hearing any trees would be cleared, the response was between 70 to 75%
maybe 80 on the high end. We have come with some mitigation where they'll leave the downward part of this site most likely the unbuildable part as open space and we should be happy. They're
giving a potential conservation easement and with a recent amendment to the special permit are providing the conservation commission with a $25,000 mitigation payment which they will happily accept but would rather not
have. The city engineer's comments when this was discussed in urban affairs was that during site plan review he had expressed concerns regarding the potential trailer truck traffic that could be generated to address the concerns the applicant did make
significant concess and agreed to conditions. Mr. Depo then stated, "While these will certainly help mitigate the potential impacts, I continue to reservations over the amount of truck traffic in that
location as do I. If this is approved and built, will monitor the traffic? Who will check the noise? What will a truck driver do that arrives at 10:00 on a Tuesday night and finds that his truck can't be emptied until 7:00 in the
morning? Will he sit there with this truck running all night long waiting for that forklift operator to show up at 7:00 it's being built is too detrimental to the wildlife in the area and the noise that will be coming from the site will
disturb the neighbors rather not approve this and take the chance that the valid concerns of many people will come to fruition thank you council arm [Music] Thank you, Mr. President. I don't have
much to say cuz councelor Brown took the words out of my mouth in respect to wad counselor for me 12 years. I I understand and um again, council Roby very much stated the environmental and so I won't repeat it, but I will bring
up and I know I brought this up before. I was involved with a situation like this. I was out there with the noise meter at 10, 11, 12 doing my job as a health agent for one of our local communities south of here. You can't do anything about the noise from trucks
allowed by the department of you can't do anything about the backup alarms allowed by the Department of Transportation. If the factory or something inside's making noise, 10% level that you go over does not apply to the truck traffic or
the backup alarms. I know I've said this before. That's why I cannot even consider this and support our constituents, especially in this case in wad 4. Thank you, Mr. President. >> Thank you, Council Moro. Anyone else? Council Pressiano.
>> Thank you, Mr. President. Um, I am going to echo uh Council Roby and Brown's sentiments towards the project um in in consideration with conservation um um and the the detriment that will have to
that area. Um I know that the U attorney was really gracious and allowed us to um uh they uh are giving us 25 for um our conservation land. To me, it's great. Um, but I would much rather see that
land preserved. Um, I've had talks with conservation. Um, and they are in full agreement with that. Um, so I am not going to be able to uh support this project because of this. Thank you. >> Thank you, Council Preciano. Anyone else?
>> Thank you very much, Mr. President. Um, I wanted to speak on this cuz, um, I was one of the members during urban um, who voted in favor of this project. I did so um despite some reservations um about the trucks on Felton Street. Um and the
reason I did so um is because they've kind of heard me drone on and on in the past about the intricacies of special permits and what's get voted on what doesn't and what you get when you're done with the process and my frustration of it. Um often times it you we do find ourselves in a position where it's
better to have a special permit um if something is going to go through um to make sure that there are restrictions beyond what is allowed. Um, and for me it was important to make sure that we didn't have an Amazon. Um, you know, I think we've seen um some of the detriment that has happened in North Row
on the roads. Um, and those are roads that can handle this. Um, and I certainly didn't want to see that happen on Elm Street. Um, since this has left, this is a little bit longer than it normally is. Um, since it's been in the hands of the full council, um, I've had the opportunity to, um, talk to quite a
few residents, but also our time in that area. Um this is not that part of the city. Um this is not AIM Street. This is not Forest Street. Um this is not an well equipped for this. Um I am concerned about safety, but I am really concerned um about the impacts to some
of the smaller roads um and then the safety that transpires from um so as much as I loathe to have a I was for it before, I was against it um in this particular case um I will not be supporting this um this evening. Thank you very much, Mr. President. Thank you,
Council Naven. Anyone else? Council Ducet, I I'll get to you for >> Thank you very much, Mr. President. Um, this has been a tough one to be honest. Debate about what's going on here. Um, to some extent, we we should be open for business and commerce. Um, this location
in particular in a twix in between location because it's right next to the highway. It's, you know, it hasn't been developed because it's in a terrible location. is accessible reasonably, you know, from Elms to Phelps and not Phelps, the the other one on the other
side of 495. But, um, the wonderful discussion we've had right now tonight, the points that you folks are making, I've really thought about, you know, somewhat indifferent to really, uh, posing it at this point. So, thank you for the discussion.
>> Council Ducet, Council Fill. >> Thank you, Mr. President. I uh I also appreciate my colleagues and you've raised many very good and strong points tonight. I I again um would be remiss if I didn't say that I feel that many of the things being discussed have been addressed and I I just want to highlight
a couple of things that I'm hearing. Folks would like to preserve this parcel of land. It's in the limited industrial zoning district, right? So think about it then I'd expect that you know the council is going to get together and try to make a push to preserve this entire parcel of land, right? that's going to involve some sort of engagement that
parcel of land. So, so to say that we're voting no to preserve it just isn't true, right? It could be developed as a warehouse tomorrow. So, and again, fair is a distribution center. So, I go back to the fact that they're looking for a different use because the uses currently don't meet uh you know what is in the
zoning according to the developer, right? Um you know, the engineer is concerned about the feasibility of this project. From my understanding, the engineer was concerned about the traffic study itself, right? He thought the numbers were too up. It was it was a too conservative estimate of traffic. Well,
the developers binding themselves to that study. So, if if the engineer is correct and you know those numbers are low, they're again I I I can't help but feel that many of the issues that have been raised tonight are still addressed in this special permit. And um just doing my count, it doesn't seem like I I
am here giving a good faith effort to try to persuade my colleagues. Thank you, Mr. President. >> Thank you, Council Fill. Anyone else? Council Idol. >> Thank you, Mr. President. Um, and thank you counselors. I mean, it's been it's wonderful listening to all of you. Um, especially councelor Brown being the
wood counselor. We've all received various emails uh from constituents down in that area talking about traffic, talking about noise, talking about light. Um, but they may they may change their minds if they knew that, you know, this
company is going to help um with our with our taxes here in the city. Um, we are going to we are going to be uh sending out this year and all of us have to be accountable to that um to those
calls that we're going to get about how do they pay their taxes. uh Council of Fill. Um this company has really kind of every they tried to address almost everything that came out. Um and they
did it I think in and um in goodstead. I I say this before and I'll say it again. Um when this body or one of its committees has certain restrictions and the the party addresses all those restrictions, we vote them down. um
their their case in court could be very strong. Um so um not a perfect project, Mr. President. Uh but it is a project that I think would be um suitable for the location and I and I think that they would be good business partners. Thank
you, Mr. President. >> Thank you, Council Vital. Anyone else? Seeing none, I will ask the clerk to call the role. Again, this is a motion to approve the special permit. >> Yes, council. Presiato, >> no. >> Councelor Naven,
>> no. >> Councelor Vital, >> yes. >> Councelor Orum, Councelor Ducet, >> no. >> Councelor Brown, >> no. >> Councelor Irish, >> yes. >> Councelor Roby, >> no. >> Councelor Oing, >> yes.
>> Four in favor, six oppos, sir. on a motion to grant the special permit. There were four votes in favor, six votes opposed. Pursuant to Mass General Law Chapter 40, eight affirmative votes are required to grant the special permit. As a result, the special permit
is denied. Council Nav, >> thank you, Mr. President. Move to adjurnn. >> Motion made and second to adjurnn. All those in favor opposed. We are adjourned at 8:42. Have a good evening, everyone.