i don't pay attention to that i'll call the city council to order at 8:00 on Monday evening April 14th 2025 this meeting is being recorded please join me in the pledge of allegiance i pledge allegiance to the
flag of the United States of America and to the republic for which it stands one nation under God indivisible with liberty and justice for all we have 24 items on this evening's
agenda and I will ask the city clerk to please read agenda item number one minutes of the city council meeting March 24th 2025 council Brown thank you Mr president move to accept and place on file the minutes motion made and second to accept and place on file amendments
any discussion on the motion seeing none all those in favor opposed the minutes are filed 90 agenda item number two now is the time for the continued public hearing on the proposed zoning map amendment from Rayundo Neetto owner of 36 Jefferson Street to reszone 36 Jefferson Street
identified as map 56 partial 153 from residence B to neighborhood business district order number 2425-100 9330C and in addition there are some information presentation slides from attorney James McMahon okay this meeting or this public hearing
is being continued uh it'll be conducted in four stages first with the public speaking in favor starting with the applicant then questions from the public then the public speaking in opposition and questions from the city council and again we'll limit speaking time to 3 minutes so with that I'll ask the
applicant to come on up and we'll open the first part of the public hearing with the public speaking in favor Hi my name is Raondo Nato i'm living 36 Jefferson Street i come in tonight uh talk about the project uh I have an
James over here is my opportunity he's a talk a little bit about the project [Applause] thank you we appreciate the board's uh or the council I should say patience in uh waiting for us as we had those continuences um what we were doing
during that time uh was discussing a possible ANR option um looking to purchase a small strip of land uh from the city uh to allow us to split the lots which would uh make this resoning moot um unfortunately in discussions with the procurement office they're
unwilling to uh to sell us on strip um so we are uh back here proposing this uh this resoning um so we do appreciate the the council's patience um as we work through this um so Raundto is the owner
of 36 Jefferson Street um he has lived there for a number of years um he is you know looking to see what he can do with his lot maximize the development potential of his lot it is an oversized lot for a single family home
unfortunately it is uh 2.7 ft less than the frontage needed to split it into two lots um so that is where we are sort of stuck in this limbo of saying what can we do to uh work with this oversized uh residential lot what we have thought the
best option to do is an 11 unit condo building um which would require a move to the NB zone uh the NB zone does directly abut this parcel on uh two sides uh the
screen technical difficulties there we go no this is perfect okay um so the current use of the parcel is a single family residence and um up until a short while ago it was being used as a contractor's yard uh Mr neto has since
relocated that contracting business to a yard in Hudson um so now this is a purely residential parcel um that commercial use has been removed um so uh right now it is a oversized single family lot it is owned by Ramundo
Donetto who is the project proposer and the supervisor the proposed use is two-level multif family housing with a lower level parking garage partially in grade um so it would be three total stories 11 one-bedroom units which are live work
units essentially a one-bedroom unit with a very small uh office space included inside of it um it was a concern from the planning board that this may be a way to propose two-bedroom units i just want to be upfront and say that this office space is half the size
of a bedroom it has no windows it has no closet it doesn't meet any of the legal requirements to be a bedroom intentionally just as we see demand in the marketplace from more people who are telecommuting who are doing hybrid work schedules they don't want to be on a Zoom call with their kitchen and their
bed in the background of the Zoom call they want dedicated office space um that is the reason for proposing these live work units as they're called um we would remove the existing structure the contractor's yard has already been removed uh we would also do some
releving of the lot and new landscaping uh to meet the buffer requirements um this was the original rendering for the project um originally this was proposed as a 20 unit mix of two and one-bedroom uh unit structures
uh we did receive some uh fairly significant push back from the neighbors in the community that they felt this was too large hence the reduction to 11 live work units on a square footage basis that's about a 55% reduction in the scope of the project um that's about the
minimum size we feel we can use where the project would still be viable um but you know doing everything we can to try to meet those concerns of the neighbors um also including adding more landscaping buffers remov removal of
balconies uh that neighbors didn't want to have balconies um and trying to do what we can to address those neighborhood concerns um this is the alternate view so the building will still remain
architecturally the same in terms of style um it's just going to be shrunk to fit those units um so we would be reducing the scope of this building that's shown by about 55% um to meet those units but architecturally would
still appear uh to be the same in terms of style choices and things of that nature the reason we're asking for a move to the NB zone is because of the dimensional analysis under the dimensional analysis this proposal would not work in the current RB zone um it
would not uh meet the lot coverage requirements it would not meet the setback requirements um and it would not meet the minimum lot area requirements so our proposal is to move to the NB zone where if allowed to move to the NB zone which directly abuts
this parcel on two sides the proposed project would meet all of those dimensional requirements um that's the impetus for it um and that's why we're seeking a move to the NB zone um we had had traffic analysis uh
prepared by Vaness and Associates um and this was based off of the 20 unit structure uh which they proposed would have 32 residents based off that mix of one and two bedrooms um it is not now that we're reducing it in size all of this is just doubly true the project is
not expected to increase material increase in traffic or delays over existing conditions they found no safety deficiencies present on Jefferson Street the lines of sight at the curbcut intersections will meet or exceed the recommended minimum distances um and all
parking will be on site in the 20 unit structure it was going to be in a garage in this current proposal uh it will be a mix of garage and surface parking um just based off the reduced size of the building environmental considerations the plan is to build this proposed
structure as environmentally conscious and eco-friendly as possible um a flat roof to allow installation of solar panels it abuts the Aset River rail trail we would love to explore a tie-in for cyclists and bike commuting um it will be built using eco-friendly building materials with charging
stations for electric vehicles and high efficiency HVAC and electrical systems within the structure um we feel that this is the most effective and efficient use of this lot this is an oversized residential lot um
it is not able to be an&rard in its current position and split into two lots um we've tried that as far as we could um it has a single family home on it now this would create 10 additional dwelling units 11 including the one that would be replaced by this um creating more
dwelling units for the city creating more walkable dwelling units within the downtown area um creating the ability for people to have live work units in their neighborhood there are two other condo structures similar in size to this within a small radius there's 11 units
at 27 Jefferson Street directly across the street 94 ft away there's also 12 units at 272 Lincoln at the bottom of the main cross street and Lincoln and Highland um and this directly abuts the Alta French Hill complex so we feel that
this is a neighborhood that is transitioning into uh condo units of 10 or 10 plus units this would be keeping in fact with that transition to this more multif family oriented neighborhood
um we've done everything we can to reduce the negative impact on neighbors having that traffic analysis prepared that shows a building twice this size would have no impact reducing the square footage of the project by 55% when neighbors expressed a concern that it was too large removing all balconies
from the project um increasing the amount of landscaping buffer between the parcels as well as um having that non-conforming use of the landscaping yard uh be moved out to Hudson um we
feel that this will definitely benefit the city um in terms of creating those new dwelling units increasing property tax revenues increasing you know live work units that are within walking distance of the downtown core and creating more vitality and economic
vitality in that area um and we feel that this is within design objectives of the city in terms of promoting multif family housing and promoting for higher density housing within close proximity to commercial uses um which the city has
stated is an economic development objective um and finally we did review this project under the multif family design evaluation conditions um so I will not read through all those conditions and take up the rest of this
meeting but essentially um there are many conditions that add up to a total of 195 points available for any given project uh this project we believe achieves 85 points out of that 195 but what I should state is there are no
categories in which this project loses points or has points demmerited against it essentially has negative points that delta is due to points where this project is simply not eligible or not applicable for them such as preservation of a historic structure um 30 points um
the housing unit there is not a historic structure so those points are just not available so that is what we feel that delta there are no categories in the multif family review guidelines in which uh this project loses points um so we appreciate the board's consideration of
this project um or the council's cons I'm sorry I was just at planning board and I keep saying board um we appreciate the council's consideration of this project um we hope that it will be taken into account that we've done everything we can to plate the neighbors and neighborhood that we've reduced the size of the project by more than half that
we've commissioned traffic analyses independently for this project um that the contracting yard that was on site there has been removed um and that we've made the aesthetic changes to the project as well um that were requested by the neighbors this would allow a
Marorrow resident to maximize the development potential of his lot it would allow a Marorrow resident to bring 10 new families or 10 new occupants into Marorrow um it would allow 10 new walkable units to be created close to the downtown core um and we feel that
this is just a benefit all around to the city um but one that can only be achieved through the move to the NB zone which does directly abut this parcel already on two sides on the rear and as you face it on the right hand side um we
appreciate the city's consideration and thank you so much thank you attorney McMahon are there any other members of the public speaking in favor any other members of the public speaking in favor any other members of the public speaking in favor hearing none I close that portion of the public hearing any
members of the public have questions on the project any members of the public have questions on the pro project any members of the public have questions on the project hearing none I close that portion of the public hearing
public speaking in opposition hello my name is Stas Berden i live at 27 Jefferson Street do I only have three minutes to talk i'll try to be brief um so the first of all this parcel is not abed but by two
NB zone parcels because it's a butts rail trail which is not an NB zone parcel on one side on the other side it's the parking lot which is the city parking lot it was reszoned from CA to NB two years ago because there was a zoning change for the entire Jefferson Street done by Arthur Revient because of
the alta that's a couple of points here and then another another thing is the NB neighborhood business zone was designed for neighborhood business which is the Lincoln Street and we got rid of the factory to build this super dense 272 units but it's it's uh it has a boundary
of the rail trail which is really well defined and this project however dense it is I voted for it because it actually trans it's transformed our neighborhood really even though it's huge and then the city uh and then the street on which
we live the 27 Jefferson Street is residential is RC street it's very weird street because it only had six buildings there six houses when I was building my building at 27 Jefferson and it has a the park and it has the parking lot and
it has an old factory building that has been there since the 1900s and so when this entire street was resoned placing a parking lot which was a city-owned parking lot the main parking lot for the rail trail made no sense to leave it at CA so it would it had to be done with
something so it was done with with neighborhood business the other property which is the uh shoe box building will never get developed because it's already built over and it's very dense structure but it's historic and so that's the essence of our neighborhood business
zone in there the rest of the street is residential B and my I believe that this is not just about the number of units on the street it's also about the lot coverage it's actually mostly about the lot coverage because my building even though it's 11 units covers 28% of the
lot which is one acre this building across the street there's a there's a concept right now that I've had done that you can do you can retain the existing house and you can build three more town houses turn them all into condominiums but you would have to go and come here and get the special permit
to do it but you can already do this within the 30% load coverage and if the 30% load coverage is not enough you can go get variance but you don't need to change the zone because change of the zoning basically means that this this particular parcel can sustain a much
larger project and that's what I'm against strongly against and that's it thank you very much thank you Stas any other members of the public speaking in opposition uh hi Elliot to Bruin 27 Jefferson
Street um I live in one of those 11 unit condos and we're talking apples and oranges as St was saying 27 Jefferson is built zone residential
um this proposed building would be on the same number of units on less than half the land so you know we have parking problems with more than two parking spaces per unit i actually think it's worse that the abuing property is
RB because it's the rail trail parking lot and that's where all these people are going to be parking in these you know two bathroom one bedroomedroom units um you know I want everyone to understand that Jefferson Street is
sleepy it's very very quiet you know Keller Field is there um it can be busy when there's football games and stuff you know I've seen like road clos signs i've had to drive around there so the last thing we need is more traffic thank you thanks
Elliot any other members of the public speaking in opposition good evening my name is Phil Cognetta i'm also a resident of uh 27 Jefferson um a lot of things have already been said uh I do worry about the density uh
and again the feel of the neighborhood as Stas has described it and as Elliott has described it it is a very quiet neighborhood i'm not certain what traffic study was done with something that might be twice as large um it's already has its moments there's a rise
over the hill just pulling out of our place it is uh can be quite challenging uh including getting here this evening um with the other comment there is even though there's one bedroom two bathrooms
you can imagine uh that this is going to increase the number of cars that are going to be either required for the people that live there and or for guests um I do believe it is going to take advantage of the public rail parking lot i think you're going to see that become
more of a permanent parking for not rail trail use but for this overflow of this building uh changing the zoning if that's what is in play here um I'm not certain if that really changes if it changes hands from an ownership standpoint uh whatever it is zoned for
someone can build it out to the max of what is allowable per that zoning law so if the zoning law changes no matter how many times people come back with a different proposal with different schematics if the zoning law changes and
another builder picks it up or another owner they can build it out to whatever is maximum allowable so let's make sure we're deciding on the right thing thank you thank you very much anyone else speaking in opposition anyone else speaking in
opposition hi my name is Ronaldo i'm uh 23 Jefferson Street and um I'm not happy on this project because my concern is the
traffic and uh the parking lot looks beautiful we have around 60 space in that you guys did a good job and I hope the neighbors from Hudson west border south border come to enjoy the city enjoy the parking spot and uh I don't
believe this amount of apartment they plan to build in that lot um the people living there I don't think they're going to park inside they're going to park in the public park and they're going to affect
us that's why I vote on gas this thank you thank you Ronaldo any other members of the public speaking in opposition any other members of the public speaking in opposition any other members of the
public speaking in opposition hearing none I close that portion of the public hearing questions from the city councilors councelor Irish thank you Mr president good evening Attorney um I welcome what the the feedback from the residents so I do welcome that the
contractor's yard has been removed um do do you have a time frame when that was removed and all the vehicles have been removed off site so I believe it was on the 8th um that the lease began in the new space there are two shipping containers on the property that are awaiting a flatbed truck to come remove
them um there's a trailer that Mr neto uses a toy box trailer essentially uh for some personal vehicles that he will be keeping on the property um but that won't be used for commercial use and I'm asking because I have received a lot of feedback on the condition of the lot so
moving forward that I I definitely welcome that so thank thank you Mr president thank you councelor Irish any other members councelor Ducat thank you very much Mr president um so one of the conversations that was coming up from the people speaking in
opposition is uh effectively um the zoning change doesn't necessarily mean that what you're proposing is going to be built mhm and anything could be built you know I'm assuming that what you're proposing here would be according to code with the zoning change but other
changes could be done beyond that so I would rather have seen something come in as a special permit than a zoning change special permit we know what's going in we don't know what's going in here so I think that's my biggest concern to be honest so um that's all I have to say
we'll discuss this inv thanks Council Det council Presiato thank you Mr president thank you for being here um I also share the similar concerns with the zoning change uh we did have a resident a couple months ago also come by and request a zoning change
we also had the same exact concerns about uh potential for different plans other than what was proposed to us at the initial meeting um so I you know I don't agree i don't uh support something like that um you know you have kind of half the neighborhood on Jefferson
Street show up in opposition to your building so I don't know if they're very happy with you um but um so the lot coverage as well it's kind of excessive for that plot especially if it's going to be abuing the rail trail
kind of takes away from the rail trail um the whole point of that is to really um get people outdoors and and have you know beautiful scenery around them and if they have a giant you know brick building in front it's not very conducive so um you know some just a few
reasons why I wouldn't support the zoning change and thank you for being here thank you thank you Council Preciato Council of Idol thank you Mr president um I'm as some of the other folks have mentioned tonight they're parking in the municipal parking
uh parking lot right next door i don't know if you're familiar with that lot um but that during the summer months in particular there's a lot of children they get they families drive there they take the tricycles and everything out of the back and uh how what will you do uh
to prevent from guests and so forth people have no interest in using the rail trail parking in that lot so what we've done is actually prod uh proposed 10 more parking spaces than is required by the parking code for this structure at 11 units it would require 22 spaces
we are proposing 32 spaces so essentially there would be one overflow space in addition to the two per uh apartment available um and that's where we come to those lot coverage requirements is the major with reducing
it 55% in terms of square footage of the building the building will be much smaller um but we are proposing to maintain that same parking area and that creates that lot coverage being increased um and that's where we're we're between a rock and a hard place of
reducing the lot coverage to come to the smallest possible lot coverage as well as meet the stated concern of parking spaces so we feel by having nearly 50% more parking on the property than is
required by the dimensional analysis for a structure of this size that's our best way of preventing overflow parking in that area very good thank you Mr president thank you Council Vital any other comments questions from the city
council council Roby thank you Mr president so I know the planning board had their public hearing this evening uh when we hear back from the planning board and when we get the draft special permit uh language from you we can set up a urban affairs meeting to or So
there won't be any special permit this is a zoning change this is zoning so they'll they'll need No sorry they'll need the input from the planning board though then we can uh proceed going forward with this thank you thank you Council Roby any other questions from the city council questions from the city council
any further questions from the city council hearing none I close that portion of the public hearing and the entire public hearing and this is in urban affairs thank you Attorney Mc okay agenda item number three communication from the mayor regarding grant acceptance in the amount of
$5,97.13 from the executive office of public safety and security in the department of fire services awarded to the fire department to be used for the purchase of fire safety equipment including protective gear for firefighters councelor Iris hey Mr president uh motion to approve the grant please motion is made and seconded to
approve the grant any discussion on the motion seeing none those in favor opposed the grant is approved 90 agenda item number four communication from the mayor guiding grant acceptance in the amount of $12,000 from the National Environmental Health
Association and the US Food and Drug Administration awarded to the board of health to be used to invest and upgrade food safety inspection equipment and to fund internal staff development programs councelor Irish thank you Mr president motion to approve the grant please motion's made and seconded to approve the grant any discussion on the motion
seeing none all those in favor opposed the grant is approved 90 agenda item number five communication from the mayor regarding grant acceptance in the amount of $450,000 awarded to the city of Malroof for various project as outlined in the mayor's letter as part of the fiscal year 2025 state budget earmark funding
councelor Irish thank you M motion to refer to the finance committee please motion's made and seconded to refer to the finance committee any discussion on the motion seeing none all those in favor opposed it's going to finance vote is 90 agenda item number six communication from the mayor guiding
transfer request in the amount of $63,600 from reserve for salaries to various accounts to cover salary accounts and sickly buyback for the mayor's office and the police department councelor Irish motion to refer to the finance committee motion's made and seconded to refer to the finance committee any discussion on the motion
seeing none are those in favor opposed this is going to finance the vote is 90 agenda item number seven communication from the mayor regarding transfer requests in the amount of $147,581.95 from reserve for salaries to various accounts to fund the collective bargaining agreement with the police command officers association local
366 council Irish name is motion to refer to the finance committee motion's made and second to refer to the finance committee any discussion on the motion seeing none of those in favor opposed transfers go to finance the vote is 90 agenda number eight communication from
the mayor regarding transfer request came out of $167,32.32 from reserve for salaries to various accounts to fund a cost of living adjustment and stipen for all non-union employees councelor Irish thank you Mr president motion to refer to the finance committee motion made second to refer to the finance committee
any discussion on the motion hearing none all those in favor opposed go to finance 90 uh agenda item number nine communication from the mayor regarding a transfer request in the amount of $784,320 from economic development to
MEEDC funding for the fiscal year 2026 operating budget of MEDC and a transfer request in the amount of $150,000 from economic development to MEEDC funding for the economic development toolbox councelor Iris thank you Mr p motion to refer to the finance
committee motion is made and seconded to refer to the finance committee any discussion on the motion seeing none all those in favor opposed it's going to finance and the vote is 90 agenda item number 10 hang on council Naven thank you Mr president um
as I work for the agency that administers this loan program i will be recusing myself from this matter please let the record reflect that Council Naven will not be participating in agenda item number 10 you're on communication from the mayor regarding the MWR lead loan program a
bond request in the amount of $750,000 to replace galvanized and brass water services pursuant to new mass D regulations council Irish thank you Mr president motion to refer to the finance committee and to advertise motion is made and seconded to refer to the finance committee and to advertise the
bond any discussion on the motion seeing none are those in favor opposed the bond is going to finance and advertise and the vote is 80 with one abstension agenda item number 11 communication from the mayor regarding proposed tax
increment financing agreement with BH Group TCAM owner um and the Commonwealth of Massachusetts for the proposed construction and leasing of a new crime laboratory for the Massachusetts State Police at 100 Martinelo Drive councelor Irish thank you Mr president motion to refer to the finance committee please
motion made and seconded to refer the tiff to the finance committee any discussion on the motion seeing none all those in favor opposed the tip is going to finance the vote is 90 agenda item number 12 communication from the mayor regarding proposed ordinance amendment to the city code chapter 125 personnel
section 6 salary schedule relative to the positions of part-time assistant electrical and plumbing inspectors councelor Irish thank you Mr president motion to refer to the finance committee and to advertise please motion made and seconded to refer to the finance committee and to advertise any discussion on the motion seeing none all
those in favor opposed the item will be going to finance and advertise and the vote is 90 agenda item 13 communication from the mayor regarding proposed ordinance amendment to city code chapter 125 personnel section 6 salary schedule relative to various leadership positions within the department of public works
councelor Irish thank you Mr president motion to refer to the finance committee and to advertise please motion made and seconded to refer the salary ordinance change to the finance committee and to advertise any discussion on the motion seeing none all those in favor opposed the salary or is going to finance and
advertising and the vote is 90 agenda item number 14 communication from the mayor regarding the appointment of Theodore L scott as DVW commissioner for a 5-year term effective from the date of council confirmation councelor thank you very much Mr president um I'm sure I
speak for many of us if not all of us when I say this is a welcome to have come down um if for no other reason we can stop making 60-day appointments uh for the acting commissioner um we have all gotten to know uh Ted Scott very very well over his tenure here um he's
been here since 2016 um serving as assistant commissioner and for over a year um as acting commissioner um I'm glad that this has um finally come to fruition um I want to thank the mayor um for sending down this appointment and also for Commissioner Scott for all of
the um thought he has put into forming the department in the way that he feels it should be run um and for having this appointment come down um with that I don't think there's any need um since we have come to known uh the commissioner's dedication um and responsiveness um to the city i don't think there's any reason for this to go to personnel and I
would like to make a motion to approve it this evening motions made and seconded to approve the appointment of Ted Scott as the DPW commissioner any discussion on the motion council Ducet thank you Mr president i am
completely supporting this i'm surprised he's not in the chambers at this time that's all i know uh you're here but not him so just making the note wish he was here so noted councelor Orum thank you Mr president and to everyone else for your
indulgence nothing like having car problems but I did want to speak on this item and I've been listening to all of you prior uh just so I could stay in touch with the meeting uh Ted Scott in my view is one of our best when it comes
to take a deep breath i've been running but he has done a great job always responsive to my needs and I'm sure every city councelor in here uh I couldn't recommend a better person so he's got my vote thank
you on any other discussion on the motion to approve the appointment of Ted Scott as the DPW commissioner seeing none all those in favor opposed the appointment of Ted Scott is confirmed and the vote is 100 congratulations Mr commission
agenda item 15 communication from city solicitor Jason Grossfield regarding procedure to fill the vacant W 7 counselor position council Brown thank you Mr president move to send this item to legislative and legal affairs motion made in second to refer this item to the
legislative and legal affairs committee any discussion on the motion councelor Roby thank you Mr president i was hoping that along with this there would actually be an order in here with some information about dates for scheduling um a special election because I think
that would be good information for us to have i don't know if that's information we can have at LNL even if it's not on an agenda oh yeah i know the well I'll I'll please go so so the the clerk has
drafted a couple depending on what the city council does and if we if the issue is to have the election the latest would be if we approve it for the 28th it would be on the basically the last weekend in July July or but yes so but we will have those election schedules in
front of the LNL committee okay so obviously the sooner we do that vote the sooner the process can start that's correct okay thank you any other discussion on the motion to refer this item to the LNL all those in favor opposed it's going to LNL the vote is
10-0 agenda item 16 communication from Council President Oling regarding proposed change to the Marble City Charter relative to section 59A for filling vacancies in the office of mayor and city council councelor Brown thank you Mr president move to send this item to legislative
and legal affairs motion made in second to send this item to the legislative and legal affairs committee any discussion on the motion seeing none all those in favor opposed it's going to LNL the vote is 100 agenda item 17 communication from assistant city solicitor Jeremy Mcmanis
regarding the application for special permit from McDonald's USA LLC for proposed restaurant with a drive-through facility use within the Wayside District at 735 Boston Post Road East in proper legal form order number 25-100 9353B council mr president yeah and I
have it circled here council Det thank you very much Mr president please note I'm recusing from the vote on this will please let the record reflect that Council Ducet will not be participating in item 17 and when we get to item 24 so I'm on the record ahead of time
councelor Roi thank you Mr president i move to accept and place on file the communication from the assistant city solicitor and refer the document to agenda item 24 motion made a second to accept and place on file the communication and move this item down to agenda item number 24 any
discussion on the motion seeing none are those in favor opposed it is approved 90 with one abstension agenda item number 18 communication from the Fort Meadow Commission regarding the 2024 calendar year annual report councelor Fillo thank
you Mr president move to accept and file the communication motion made second to accept and place on file the communication any discussion on the motion council Orum I would just like to thank the Fort Meadow Commission they're unsung heroes
uh I live off the lake and thank you uh they really do a lot of work you'll read in their report you know even enforcement can be very difficult and they're asked to do that as well so and we're going to get weed control this year according to what they reported so
I look forward to that and again I'm very grateful that I can live not too far from one of Marra's most precious resources i know my counselor feels the same way thank you Mr president thank you councelor are any other comments on the motion on the motion to accept and
place on file the communication all those in favor opposed communication is filed the vote is 10 agenda item number 19 communication from Melinda Gallagher on behalf of Lost Shu Brewing and Roasting Company regarding a request to extend use of outdoor seating to utilize additional space to include the plaza
behind city hall councelor Brown thank you Mr president move to send this item to legislative and legal affairs motion made and seconded to send this item to the legislative and legal affairs committee any discussion on the motion seeing none all those in favor opposed
it's going to LNL and the vote is 100 councelor Roby you want to recuse yourself you didn't say number 20 yet sorry number 20 waiting for him to read through application for a special permit from attorney Brian Faulk on behalf of Malber Hospital and UMass Memorial Realy Inc to
allow for proposed 8,000 foot expansion of the emergency department in addition to other state-of-the-art improvements councelor Roi's coming please let the record reflect I'm recusing myself please let the record reflect that council Robby will not be participating in agenda item number 20
council Naven thank you very much Mr president i move to refer this to the Urban Affairs Committee set a hearing for May 5th and to advertise motion made second to refer this item to the Urban Affairs Committee we'll set a public hearing for May 5th and we'll advertise any discussion on the motion excuse me
seeing none all those in favor opposed this item is going to urban affairs we'll have a public hearing on May 5th and to advertise and the vote is nine in favor with one abstension number 21 minutes of boards commissions and committees mr president Council Ducet thank you very much Mr
president motion to accept and place on file the minutes of the boards commissions and committees motion's made in second to accept and place on file all the minutes any discussion on the motion seeing none all those in favor opposed the minutes are filed the vote is 10-0 agenda item number 22 claims
councelor Brown thank you Mr president move to send the claims to the legal department motion's made and seconded to send the claims to the legal department any discussion on the motion seeing none all those in favor opposed claims are going to legal the votes 10 zero reports of
committees who would like to go first we got four of them councelor Irish thank you Mr president uh finance committee met on March 31st 2025 uh meeting convened at 7 p.m we had two items on the agenda that evening uh
first item was uh order number 24-1009392 uh communication from Mayor Dumis together with the transfer request in the amount of $41,533.50 uh for the recreation department moving funds from the senior clerk to equipment and it supplies youth activities uh to fund equipment and
field upgrades uh chair Irish read the letter from Mayor Dumis director Thibo addressed the transfer on a motion by council Brown seconded by the chair the committee recommended approval of the transfer in the amount of $41,533.50
50s uh for the recreation department moving funds from senior clerk to equipment and supplies youth activities to fund equipment and field and field upgrades the motion carried 5 to zero uh next item was uh order number
25-1009393 communication from Mayor Dumis together with a transfer request in the amount of $346,51.93 uh from reserve for salaries to various accounts to fund the collective bargaining agreement with engineers foreman and patrol unions uh the chair
read the letter from Mayor D from Mayor Dumis on a motion by council or seconded by the chair the committee recommended approval of the transfer in the amount of $346,51.93 from reserve for salaries to various accounts to fund the collective bargaining agreements with the engineers
foremen and patrol unions and the vote carried 5 to zero uh meeting adjourned at 7:18 p.m and I will be asking for two suspensions this evening uh first one will be on order 25-1009392 please been a request for
suspension the rules for order number 9392 all those in favor of the suspension opposed suspension carries 10 councelor Irish thank you mo motion to uh motion to move the recommendation of committee to approve the transfer in the amount of
$41,533.50 please motion made and seconded to approve the transfer of $41,533.50 for the rec department equipment any discussion on the motion seeing none all those in favor opposed motion carries the vote is 100 councelor Irish thank you Mr president i will be
asking for another suspension on order number 25-1009393 please request for suspension of rules for order number 9393 all those in favor opposed suspension carries 10 councelor Irish thank you Mr move the recommendation of
committee to approve the transfer request in the amount of $346,51.93 please motion made and seconded to approve the transfer request for funding the three union contracts any discussion on the motion seeing none all those in favor opposed it vote car trans the vote
carries the transfers are approved the vote is 100 who's next councelor Brown thank you Mr president um the legislative and legal affairs committee met on Monday March
31st and we discussed one order order number 25-1000 9383 communication from councelor Presiato regarding proposed ordinance to add chapter 250 animals oh add to it a new section
relating to rodents the chair read the letter from councelor Presiato regarding the proposed ordinance the chair stated that the board of health director sent an email in support of the proposed ordinance and recommending the deletion of part B the chair stated the conservation officer Priscilla Ryder is
also in support of the ordinance sponsoring counselor Presiato stated that Mass Ottabbon has provided provided a letter to the mayor and city council in support of the ordinance the chair introduced Alyssa Giquinto of the Giquinto Wildlife Rehab Center who
presented a slideshow explaining the deadly effects of secondary rodenticide poisoning on wildlife and alternatives like rodent birth control alyssa also brought Bella a female barn owl to the meeting explaining that she eats 1,000
rodents per year she stated that our wildlife is our silent partner in this crisis and although resilient we need to do our part to keep them healthy on a motion by councelor Roby seconded by the chair to recommend approval of the ordinance with amendment recommended
from the board of health to strike part B emergency waiverss for the use of ascars on cityowned property and to suspend the rules to refer the ordinance to city solicitor place in proper legal form the vote carried 3 to zero and the
meeting adjourned at 8:01 p.m um I will be asking for one suspension tonight my request for suspension for order number 9383 all those in favor of the suspension opposed suspension carries 100 councelor Brown thank you Mr
president um move to send to legal to put in proper format motion made and seconded to send this ordinance to legal department to put in proper format any discussion on the motion seeing none those in favor opposed motion carries to go to legal to put in proper format the
vote is 100 i think the rest are all with you Council Roby thank you Mr president um I think I will take up the urban affairs first we'll go in order of how they were taken that night um urban affairs met on
Monday April 7th we had one item on our agenda order number 251009354 a special permit modification to amend an existing special permit to build and operate a multif family residential development at 339 Boston
Post Road East the chair read through the comments from the department managers and read through the draft decision on the amendment noted a few typos and suggested the following amendment to the draft in C second
paragraph in addition the city to add to the end the following new sentence the 250,000 will be deposited into the McGee farm mitigation stabilization account number 8360032728 established by city council November 4th
2024 councelor Naven moved to approve the draft special permit to amend the existing special permit as amended it was seconded and carried 5 to zero and I am also asking for a suspension on this order there's a
request for a suspension from order number 9354 all those in favor of the suspension opposed suspension carries 10 council Ro uh move to refer this to the solicitor to be put in proper form motion made and seconded to refer this
item to the solicitor put in proper format any discussion on the motion seeing none are those in favor opposed this item is going to the solicitor to be put in proper format the vote is 100 councelor Roi and also on Monday April 7th the city council open space
committee met order number 25100 9394 was on our agenda a communication from Mayor Dumis with a letter from Priscilla Ryder conservation officer sustainability officer presenting the draft open space plan for public review and comment on behalf of the open space
and recreation committee uh I will note that in the planning board minutes they delineated in detail each of the slides i was trying to make this as brief as possible so if you want to know the details go to the planning board minutes um the chair read through the letter
from the mayor introduced Priscilla Ryder who gave her presentation of the draft open space plan taking pieces of the full document to provide an overview priscilla explained the plan is our ticket to get state and federal grants for projects as many grants have a
prerequisite of an approved open space and recreation plan she was looking for comments from the public that will be incorporated into the plans and the plans can be found on the city website councilors offered feedback including three places of focus to be added to map
10 the open space plan the chair noted that there's no action at this time except for the draft plan to be filed once a final plan is completed it will come back to the council for approval so this can lay on the table and we can
move I can move to file in two weeks any other reports of committees council Ducet sorry Mr president i got a scriner er error from the urban affairs meeting of April 7th um the money that was coming from the geese stabilization account I
thought was $25,000 not $250,000 so I'm making note of that publicly here if someone just can correct it i know this is being sent for legal but that's a factor of 10 too big i thought
I just wanted to raise it that's all it's going to the solicitor so yeah this is a public document i want to make sure someone noted it n good catch we'll make sure the solicitor addresses that thank you Council you're welcome any other reports of [Music]
committees seeing none agenda item number 23 or number 25-1009351B proposed zoning amendments to chapter 650 zoning relative to medical and adult use marijuana testing facilities recommendation of the urban
affairs committee is to approve councelor Roi thank you Mr president move the recommendation of committee which is to approve motion has been made and seconded to approve the recommendation for the zoning change is there any discussion before I go through the four stages of the ordinance
change hearing none all those in favor of suspending the first reading and approving the second reading 10 that's approved all those in favor of the passage to be enrolled all those in favor opposed it's
enrolled vote is 100 all those in favor of the passage to be ordained all those in favor opposed that's 100 is there any objection to passage in one evening hearing none the ordinance change is approved the vote is 100
agenda item number 24 yes please note I'm recusing myself from this vote thank you let the record reflect that you are recusing yourself from this vote mr car number 25-1009353B application for a special
permit from McDonald's USA LLC for proposed restaurant with a drive-through facility use within the Wayside zoning district located at 735 Boston Post Road East recommendation of the urban affairs committee is to approve as amended councelor Roi thank you Mr president move the recommendation of committee
which was to approve motion's been made and seconded to move the recommendation of the committee which is to approve any discussion on the motion hearing none I will ask the clerk to read the conditions please the city council pursuant to its authority under Massachusetts general law chapter 48 in
the zoning ordinance of the city of Malro hereby grants the applicant a special permit to operate one drive-thru service window as shown on the plans filed subject to the following conditions which condition shall be binding on the applicant of successors and/or assigns one construction in accordance with applicable laws
construction of all structures on the site shall be in accordance with all applicable building codes and zoning regulations in effect in the city of Malro and the Commonwealth of Massachusetts and shall be built according to the plans as may be amended during site plan review two compliance with applicable laws the applicant successor andor assigns agrees to comply
with all municipal state and federal rules regulations statutes and ordinances as they may apply to the construction maintenance and operation of the project three site plan review the issuance of the of the special permit is further subject to detailed site plan review in accordance with the city of Malro site plan review ordinance
prior to the issuance of the building permit any additional changes alterations modifications or amendments as required during the process of site plan review shall be further conditions attached to the building permit and no occupancy permit shall be issued until the applicant is complied with all the conditions subsequent site plan review shall be consistent with the conditions of this special permit and the plan
submitted reviewed and approved by the city council as a special permit granting authority for modification of plans notwithstanding conditions one and three above the site plan review committee may make engineering changes to the plans so long as said changes do not change the use of the project as approved herein or materially increase
the impervious area of the project reduce the green area alter traffic flow increase the size shape or position of the building or alter the fencing bordering the property as shown on the plans five signs and awnings the location and design of signage shall be reviewed and approved by the city of Marro in accordance with the sign
ordinance of the city of Marro without variance thereof except as herein provided no posters graphics lettering or any other form of advertising shall be affixed to windows or hanging inside or in front of windows six incorporation of submissions all plans photo rendering site evaluations briefs and other
documentation provided by the applicant as part of the application and is amended or revised during the application hearing process before the city council and the city council's urban affairs committee including exhibits there too are here and incorporated into and become part of their special permit and become conditions and requirements of the same unless otherwise altered by the city council hours of operation the hours of
operation for the restaurant and drive-thru window shall not exceed Monday through Sunday 5:00 a.m to 2:00 a.m there will be no 24-hour operation 8 storm water and erosion control management the applicant's successors and/or assigned shall ensure that its site superintendent during the construction of the project is competent
in storm water and erosion control management this individual's credential shall be acceptable to the engineering division of the city's department of public works and the city's conservation commission this individual shall be responsible for checking the site before during and after storm events including weekends and evenings when storms are predicted this individual shall ensure
no untreated storm water leaves the site consistent with the states and city storm water regulations this individual shall ensure compliance with the approved sequence of the construction plan and the approved erosion control plan the applicant successes and/or assigns shall grant this individual complete authority of the site as it relates to storm water and erosion
controls nine traffic signage the location and placement of pavement markings and traffic directional signage as set forth in the plans shall be reviewed and approved by the city of Malber during site plan review in accordance with applicable rules and regulations of the city of Malro 10 parking parking areas shall be swept and maintained by the applicant successors
and/or assigns as necessary the applicant at successes on and/or assigned shall be responsible for providing installing and maintaining all signage or markings as set forth in the plans and as may be reviewed and modified during site plan review in accordance with the applicable rules and regulations of the city of Malbra such signage or marking shall meet the
standards of the manual on uniform traffic control devices 11 additional no loud music signage the applicant shall include one sign in each of the three parking areas instructing customers that playing loud music is not permitted on the site 12 no overnight parking there shall be no overnight parking at the
site 13 drive-through speakers the drive-through window shall employ a pedestal speaker system that automatically adjusts to the ambient noise so as to minimize the noise emanating from the speaker system to levels comporting with the noise ordinance of the city of Malro the drive-through audio speaker shall not produce noise at the rear property line
of the parcel on which the site is located shown as map 61 parcel 23 on the assesses map of the city of Malro greater than which would be allowed in a residential zone pursuant to the noise ordinance of the city of Malro 14 deliveries in or in order to mitigate noise concerns for residential butters
no deliveries to the site by semi-trailers shall occur prior to 7 a.m or after 7 p.m 15 lighting the applicant at successes and/or assigned shall install lighting in accordance with the requirements of the code of the city of Malro and the lighting plan sheet L201 of the plans to prevent light trespass
from the site onto neighboring properties 16 landscaping the applicant at successes and/or assigns agrees to plant and maintain in good condition the project's landscaping substantially in conformance with the plans as may be amended during site plan review 17 trash
the applicant at successes and/or assigns agrees to keep dumpsters covered and to screen the project's trash area by constructing the dumpster enclosure as depicted on the plans sheet C902 the applicant at successes and/or assigns further agrees that the dumpsters located on the site shall be covered no trash pickup shall occur
before 7:00 a.m or after 7:00 p.m 18 snow removal the applicant at successes and/or assigns shall maintain and conduct snow storage and removal on the site and shall store or remove snow as necessary to provide for clear and safe traffic flow on the site 19 recording of
decision in accordance with the provisions of Massachusetts general law chapter 48 section 11 the applicant successes and/or assigns at its expense shall record this special permit in the Middle Sex South Registry of Deeds after the city clerk has certified that the 20-day period for appealing the special permit has elapsed with no appeal having been filed and before a building permit
is issued the applicant its affiliate successors and/or assigns shall also furnish proof of recording to the city solicitor's office and city council office immediately subsequent to recording well done Mr carrian thanks sir councilors you've heard the conditions
are there any further discussion on the motion to approve the drive-thru for the McDonald's facility on Boston Post Road seeing none this is a roll call vote i will ask the clerk to please call the role councelor Orum yes councelor
Oing yes council Det is abstaining councelor Naven yes councelor Fuchillo yes councelor Vital yes councelor Presiato yes councelor Irish yes councelor Brown yes and councelor Roby yes nine the special permit for the
McDonald's drive-thru at Boston Post Road is approved by a vote of nine in favor with one abstension council n move to adjurnn motion's made and seconded to adjurnn all those in favor opposed we are adjourned at
8:59 have a good evening everyone