Gloucester City Council, Oct. 13, 2026

Good evening. And welcome to the. Speaker 1 (Kyrouz Auditorium): The October 13th, 2026 Meeting of the Gloucester City Council. This public meeting of the City Council is. Speaker 1 (Kyrouz Auditorium): It is recorded on Zoom with a link that is posted on the agenda. If you're calling in on a phone, you can press star nine to request to speak. If you are watching on a computer or device, there is a raised hand button. Speaker 1 (Kyrouz Auditorium): That you can tap or press to request to speak. Please use either of these options during oral communications and public hearings to be recognized to speak. Speaker 1 (Kyrouz Auditorium): Technical difficulties arise. Speaker 1 (Kyrouz Auditorium): And the Zoom link is interrupted during an in-person hybrid meeting of the City Council.

Speaker 1 (Kyrouz Auditorium): And a quorum is present. The meeting may continue after efforts have been made to reestablish the link. Speaker 1 (Kyrouz Auditorium): The minute shall note the interruption. Speaker 1 (Kyrouz Auditorium): It is the finding of the City of Gloucester that no individual should be denied equal treatment or opportunity because of their age, ancestry, color, disability, including intellectual and developmental disabilities. developmental mental disability. Speaker 1 (Kyrouz Auditorium): family status, immigration status, gender identity or expression. Speaker 1 (Kyrouz Auditorium): Military status, marital status, national origin, race, religion, sex, or sexual orientation.

Speaker 1 (Kyrouz Auditorium): This evening, we have… we're… To Councillor Dylan Benson. Speaker 1 (Kyrouz Auditorium): Ward 3, Councillor Marjorie Grace. Speaker 1 (Kyrouz Auditorium): We have Ward one Councillor Scott Memart. Speaker 1 (Kyrouz Auditorium): Councilor at Large. Speaker 1 (Kyrouz Auditorium): Anna Kimberly. Counselor at large. Jason Grow Speaker 1 (Kyrouz Auditorium): of Council Vice President and Ward 5 Councilor. Speaker 1 (Kyrouz Auditorium): Sean Nolan, we have Councillor Patty-Ann Page is attending remotely. I am Tony Gross, the President of the City Council. Speaker 1 (Kyrouz Auditorium): And we also have… In attendance with us in the building is Interim Chief. Speaker 1 (Kyrouz Auditorium): Michael Gossom.

Speaker 1 (Kyrouz Auditorium): and we have also our city clerk. Speaker 1 (Kyrouz Auditorium): Grace Poirier Remotely, we have our. these. Speaker 1 (Kyrouz Auditorium): Chief Administrative Officer Kelly Dolan. Speaker 1 (Kyrouz Auditorium): And we also have our city auditor, Kenny Costa. Speaker 1 (Kyrouz Auditorium): And now we will have a flag salute and moment of silence. Allegiance to the flag of the United States.

Patti-Ann Page In States of America. And to the Republic.

Speaker 1 (Kyrouz Auditorium): widgets.

Patti-Ann Page One nation. And you come. Indivisible. With liberty. And justice for all.

Speaker 1 (Kyrouz Auditorium): I'd like to do a moment of silence tonight for a city employee. John George. Speaker 1 (Kyrouz Auditorium): He worked tirelessly. Speaker 1 (Kyrouz Auditorium): For the Department of Public Works. Speaker 1 (Kyrouz Auditorium): He was a man. Speaker 1 (Kyrouz Auditorium): That could be asked. do anything. He was a. Speaker 1 (Kyrouz Auditorium): Finest kind. Speaker 1 (Kyrouz Auditorium): He spent most of his time working with the city cemeteries. Speaker 1 (Kyrouz Auditorium): Tirelessly. Speaker 1 (Kyrouz Auditorium): Doing anything that was asked, working on small engines. Speaker 1 (Kyrouz Auditorium): Taking care of his department, and taking care of the people.

Speaker 1 (Kyrouz Auditorium): He was someone that always asked not to be left alone. given charge to duties. Given him. He spent… Speaker 2 (Kyrouz Auditorium): Special attentions to. the. Speaker 2 (Kyrouz Auditorium): military branches. of our city and our cemeteries. Speaker 2 (Kyrouz Auditorium): Working with V. at our… Speaker 2 (Kyrouz Auditorium): Veterans Administration and making sure that no veteran was left behind on flag ceremonies. Speaker 2 (Kyrouz Auditorium): Or dedications. He's… Speaker 2 (Kyrouz Auditorium): Salt of the earth. He'll be sorely missed. Thank you.

Speaker 2 (Kyrouz Auditorium): Thank you.

Speaker 1 (Kyrouz Auditorium): Next order of business, Madam Clerk. Speaker 1 (Kyrouz Auditorium): And Councillor Majota has joined… Councillor Ward 4, Councillor Majota has joined us. Next order of business is oral communications. Speaker 1 (Kyrouz Auditorium): The public shall have the opportunity at every regularly scheduled meeting to be heard under oral communications on matters not appearing on the agenda. Speaker 1 (Kyrouz Auditorium): Oral communication shall allow any resident and or property owner and or business owner who has a request or complaint of any nature relative to city business to appear before the city council. Speaker 1 (Kyrouz Auditorium): Make their statement without debate.

hit. Speaker 1 (Kyrouz Auditorium): Yep, it's item 8, okay. Yes. So yeah, so that'll be a PNF for a full, full vetting, Patty.

Patti-Ann Page Yes, okay, thank you again.

Speaker 1 (Kyrouz Auditorium): Thanks. Speaker 1 (Kyrouz Auditorium): Okay, Councillor Grow. Speaker 1 (Kyrouz Auditorium): Yeah, we already, we've already approved this event, Speaker 3 (Kyrouz Auditorium): Both their original day and the rain date is the Fish Box Derby. I guess both dates, they had storms. And so we're really basically just moving the date, requested date now to October 18th. Speaker 3 (Kyrouz Auditorium): I'm gonna make a motion that we approve the road closures as approved by P&D on July 22nd, 2026, for the Fish Box Turkey on Sunday, October 18th, 2026, subject to the… all the regular stuff. Speaker 1 (Kyrouz Auditorium): Yes, we needed… we didn't vote. Speaker 1 (Kyrouz Auditorium): Okay, go ahead.

That's it. Samuel. Do I jump ahead? Speaker 1 (Kyrouz Auditorium): A little bit, but I gave it. Second. I told you to. Motion made by Councillor Grow, seconded by Councillor Noland. Everybody understand, even though I interrupted there, what's going on here? Speaker 1 (Kyrouz Auditorium): Just moving the date that's been approved for two other dates. Speaker 2 (Kyrouz Auditorium): Time is… Short. Speaker 1 (Kyrouz Auditorium): All right. Speaker 1 (Kyrouz Auditorium): So, on the amendment, or on the, the motion… Speaker 3 (Kyrouz Auditorium): Roll call vote. Speaker 3 (Kyrouz Auditorium): Councillor Memhard? Aye. Speaker 3 (Kyrouz Auditorium): Councillor Nolan? Aye. Councillor Page?

Patti-Ann Page I.

Speaker 3 (Kyrouz Auditorium): Councillor Benson. Aye. Councillor Grace. Aye. Councillor Grow. Gross? Aye. Speaker 3 (Kyrouz Auditorium): Councilor Grow? Aye. Councilor Kimberley? Aye. Councilor Mijota? Aye. Speaker 3 (Kyrouz Auditorium): The vote is 9 in favor, 0 opposed. Opposed? The motion passes. Speaker 1 (Kyrouz Auditorium): And now back to the original motion. We've already had it made and seconded. Oh, so we didn't. Speaker 1 (Kyrouz Auditorium): Okay. Speaker 1 (Kyrouz Auditorium): Consent agenda as amended. Speaker 1 (Kyrouz Auditorium): So moved. Second. Motion made by Councillor Grow, seconded by Councillor Nolan. Discussion? Speaker 1 (Kyrouz Auditorium): Seeing none, all those in favor? Aye. Roll call. Councillor Memhard? Aye. Councillor Nolan? Aye. Councillor Page?

Patti-Ann Page Aye.

Councilor Benson. Aye. Speaker 4 (Kyrouz Auditorium): Grace. Speaker 4 (Kyrouz Auditorium): Aye. Council of the Gross. Aye. Councilor Grow Aye. Councilor Kimberley. Speaker 4 (Kyrouz Auditorium): Aye. Councilman Majota? Yes. The vote is 9 in favor, 0 opposed. The motion passes. Speaker 1 (Kyrouz Auditorium): next door to business Madam Clerk. Speaker 4 (Kyrouz Auditorium): The October 8th Budget and Finance Standing Committee Report. Speaker 1 (Kyrouz Auditorium): So I memoir. Speaker 1 (Kyrouz Auditorium): Yes, with the counselor's permission, I would like to make a motion to accept the October 8th, 2026 Budget and Finance Committee. Speaker 5 (Kyrouz Auditorium): report as a consent agenda, and I so.

Move. Second. Speaker 1 (Kyrouz Auditorium): Discussion? Speaker 1 (Kyrouz Auditorium): A motion made by Council Member Hart, seconded by Councilor Grow. Speaker 1 (Kyrouz Auditorium): Discussion? Speaker 1 (Kyrouz Auditorium): Anyone have an objection? Speaker 1 (Kyrouz Auditorium): Okay. Speaker 3 (Kyrouz Auditorium): Call the roll, Madam Clerk. Councilwoman Memhard. Aye. Speaker 4 (Kyrouz Auditorium): Councilor Nolan. Aye. Councilor Page.

Patti-Ann Page I…

Speaker 4 (Kyrouz Auditorium): Councillor Benson. Aye. Councillor Grace. Aye. Councillor Gross. Aye. Councillor Grow. Aye. Councillor Kimberly. Aye. Councillor Mijota. Aye. Speaker 4 (Kyrouz Auditorium): Vote is 9 in favor, 0 opposed. The motion passes. Speaker 1 (Kyrouz Auditorium): Next order of business, Madam Clerk. Speaker 1 (Kyrouz Auditorium): You still have one more vote. Speaker 4 (Kyrouz Auditorium): Vote off of the unanimous consent. Speaker 4 (Kyrouz Auditorium): agenda. Speaker 1 (Kyrouz Auditorium): Okay. And… Do we need… Speaker 1 (Kyrouz Auditorium): I need to make a motion on this, and then… After all, or is it just we… Speaker 1 (Kyrouz Auditorium): Because this was a request to withdraw this.

Speaker 1 (Kyrouz Auditorium): So, Speaker 1 (Kyrouz Auditorium): I'll make a motion to move to accept the withdrawal without prejudice of the request for the approval to utilize funds for the Recovery Coach Academy. Speaker 1 (Kyrouz Auditorium): Motion made by Councillor Gross, seconded by Councillor Grow. Speaker 1 (Kyrouz Auditorium): Discussion? Speaker 1 (Kyrouz Auditorium): Seeing none… Speaker 4 (Kyrouz Auditorium): Call the roll, Madam Clerk. Councilor Memhardt. Aye. Councilor Nolan. Aye. Councilor Page.

Patti-Ann Page Aye.

Speaker 4 (Kyrouz Auditorium): Councillor Benson? Aye. Councillor Grace? Yes. Councillor Gross? Aye. Councillor Grow? Aye. Councillor Kimberly? Aye. Councillor Mijota? Yes. Vote is 9 in favor, 0 opposed. The motion passes. Speaker 1 (Kyrouz Auditorium): Now, next order of business, Madam Clerk. Speaker 4 (Kyrouz Auditorium): The October 5th Ordinances and Administration Standing Committee Report. Speaker 1 (Kyrouz Auditorium): Councillor Nolan. Speaker 4 (Kyrouz Auditorium): Okay. Speaker 4 (Kyrouz Auditorium): Next. The October 7th Planning and Development Standing Committee Report. Speaker 1 (Kyrouz Auditorium): Grow. Speaker 3 (Kyrouz Auditorium): We just have to vote on this, is that right?

Speaker 3 (Kyrouz Auditorium): We've got to read the whole motion and vote on it. Speaker 3 (Kyrouz Auditorium): Yeah, that's fine, okay. Speaker 3 (Kyrouz Auditorium): On a committee recommendation, Council Grow, seconded by Councilor Benson, Planning and Development Committee voted 3 in favor, 0 opposed, to recommend that the City Council permit Massachusetts Electric Company, DBA National Grid. Speaker 3 (Kyrouz Auditorium): To locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures along Speaker 3 (Kyrouz Auditorium): and across the public way. National grid Speaker 3 (Kyrouz Auditorium): To install underground facilities on Wheeler Street, beginning at a point 194 feet south of the center line at the intersection of Wheeler Street and Shore Hill Road, and continuing approximately 2 feet in an easterly direction.

Speaker 3 (Kyrouz Auditorium): 3. All excavations must be secured at all times. 4. All excavated trenches… trenches… trenches… Speaker 3 (Kyrouz Auditorium): Shall be patched flush with the surrounding asphalt using hot mix asphalt binder at the end of each workday to minimize pedestrian hazards. Asphalt shall be applied in two lifts of 2 inches, totally 4 inches. Speaker 3 (Kyrouz Auditorium): 5. Sidewalks must be restored with like material immediately after pole set. 6. Paving conditions must be approved by Public Works prior to issuance of a road opening permit. And 7. Any areas not paved be restored with grass and plantings as originally found by submittal. Speaker 3 (Kyrouz Auditorium): Second.

Speaker 1 (Kyrouz Auditorium): Motion made by Councillor Grow seconded by Councillor Kimberley. Discussion? Speaker 1 (Kyrouz Auditorium): Seeing none. Speaker 1 (Kyrouz Auditorium): You'll call the roll, Madam Clerk. Councillor Menhard. Speaker 3 (Kyrouz Auditorium): Aye. Speaker 4 (Kyrouz Auditorium): Councillor Nolan. Aye. Councillor Page.

Patti-Ann Page Aye.

Speaker 4 (Kyrouz Auditorium): Councilor Benson. Speaker 4 (Kyrouz Auditorium): Aye. Councilor Grace? Aye. Councilor Gross? Aye. Councilor Gross? Speaker 3 (Kyrouz Auditorium): Hi. Speaker 4 (Kyrouz Auditorium): Councilor Kimberley. Aye. Councilor Mijota. Aye. Speaker 4 (Kyrouz Auditorium): Vote is 9 in favor, 0 opposed. The motion passes. Speaker 1 (Kyrouz Auditorium): Next order of business, Madam Clerk. Speaker 4 (Kyrouz Auditorium): Public hearing 2026 number 15 petition to the City Council to accept and lay out a public way Deacon Farm Lane. Speaker 1 (Kyrouz Auditorium): This is continued from September 8th, 2026. Speaker 1 (Kyrouz Auditorium): To be continued, too. Speaker 1 (Kyrouz Auditorium): November 24th, 2026.

Speaker 4 (Kyrouz Auditorium): Next is Public Hearing 2026, number 18, Council Order 2026, number 12, Memhard, amend GZO section 3.2.1 dimensional requirements for single, two-family, and three-family dwellings by increasing the minimum lot area per dwelling unit square foot requirement for the RC40. Speaker 4 (Kyrouz Auditorium): Coastal Residential Zoning District by deleting 20,000 square feet and adding 40,000 square feet. Speaker 1 (Kyrouz Auditorium): This is continued from September 8th, 2026, and continued to October 27th, 2026. This is now being held at P&D, and it needs to go back there first to be voted on the withdrawal. Without prejudice. Speaker 1 (Kyrouz Auditorium): Next.

Speaker 4 (Kyrouz Auditorium): Public Hearing 2026, Number 22, SCP 2026, Number 7, the application of Seaside Legal Solutions, PC, owner, Billiken Investments, LLC, Day Court Number 4, Map 219, Lot 155, GZO Section 2.3.17, Speaker 4 (Kyrouz Auditorium): Conversion to or new multifamily or apartment dwelling, 4-6 dwelling units, and Section 3.2.2 footnote E, no principal building shall be closer to another principal building on the same site than the sum of their respective heights, provided, however, that the City Council may, by special permit, authorize a reduction in said distance. Speaker 4 (Kyrouz Auditorium): Upon a finding that such reduction is not detrimental because of view obstruction, overshadowing, service access, or visual crowding in the R20 district.

Speaker 6 (Kyrouz Auditorium): All right, so I'm here tonight on behalf of Billiken Investments LLC, who is the. owner-facing. Speaker 6 (Kyrouz Auditorium): Four day court here in Gloucester. Speaker 6 (Kyrouz Auditorium): Zoom out of the way here. Speaker 6 (Kyrouz Auditorium): So the… the proposed project here tonight is to construct two 3-unit buildings for a total of 6 dwelling units on a single lot. Speaker 6 (Kyrouz Auditorium): So the relief requested from the City Council here tonight is a new multifamily 6 dwelling unit use permit pursuant to GZO Section 2.3.17. Speaker 6 (Kyrouz Auditorium): And a special permit, as the clerk said, pursuant to GZO section 3.2.2 footnote E, where the two proposed buildings are closer together than their combined height.

Speaker 6 (Kyrouz Auditorium): So by way of background, and then I will just get into where we left off with the P&D last week. So we're in the R20 district, the low-medium density residential district. We are a 2-plus acre lot that's adjacent to the MBTA tracks to the north. Speaker 6 (Kyrouz Auditorium): In December of 2025, the ZVA actually granted us a special permit, for use for a three-family building. The board had suggested, while we were there, that maybe the city would like to see more than three dwelling units, so we decided to move forward with the sixth dwelling unit proposal here tonight. Speaker 6 (Kyrouz Auditorium): So this triggered a second round of permitting with the ZVA, where we needed a variance for frontage, and we needed a variance from the right side yard setback area. And then we also need, as stated, the use permit and the special permit.

Speaker 6 (Kyrouz Auditorium): For the distance between buildings from the City Council. Speaker 6 (Kyrouz Auditorium): So I have the full plan set, and I'm happy to just, go through it quickly, and then… and then go back if the… if the Council has any specific questions. Questions? Speaker 6 (Kyrouz Auditorium): Here's just the survey plan. This is the updated plan that we submitted to the P&D before last week's hearing. It has a detail of the proposed offsite improvements to day court that we're proposing. Speaker 6 (Kyrouz Auditorium): In conjunction with the, with the, proposed Speaker 6 (Kyrouz Auditorium): construction of the buildings, and I'll touch on that in greater detail in a minute.

Speaker 6 (Kyrouz Auditorium): And so here's just a closer close up of that detail. Speaker 6 (Kyrouz Auditorium): And then here's sort of the, the, what I would call an open space plan that the engineer put together just to show. Speaker 6 (Kyrouz Auditorium): how much land area is on the site, even with the driveways and the two buildings, there's still a considerable amount of open space and. Greenery, that's proposed as well. Speaker 6 (Kyrouz Auditorium): Here is just the spec plans. There's a drainage trench on here that I'll get to again in a second. Speaker 6 (Kyrouz Auditorium): That was a question that was brought up at P&D. Speaker 6 (Kyrouz Auditorium): And then here's the floor plans. Each of the six dwelling units are all identical. Three-bedroom units, this is the first floor, this is the second floor with the bedrooms.

Speaker 6 (Kyrouz Auditorium): Here's the basement plan. They do have unfinished basement spaces. Each of them will have their own two-car garage as well. Speaker 6 (Kyrouz Auditorium): And then here's just the elevations plan. As you can see, they're pretty modest in height. Speaker 6 (Kyrouz Auditorium): and size… Speaker 6 (Kyrouz Auditorium): But they do… both structures will match each other, so there'll be a sense of, like, cohesion between the… Between the buildings on site. Speaker 6 (Kyrouz Auditorium): And then that's just the building section plan. So here's the regular map geo overview. And then this is an old aerial shot. Speaker 6 (Kyrouz Auditorium): Of the site, from… back before my client bought it and started cleaning everything up. I think that,

Speaker 6 (Kyrouz Auditorium): Most of the sort of debris that was left on site from the previous owner has been removed at this point. It will obviously be cleaned in its entirety. Speaker 6 (Kyrouz Auditorium): Through the construction process here. Speaker 6 (Kyrouz Auditorium): So the plan updates that we discussed through the P&D process that were at the request of the P&D and. Sort of in… in… Response to some of the feedback that we received from the neighborhood. Speaker 6 (Kyrouz Auditorium): So these are what I would call offsite improvements, and I call them Speaker 6 (Kyrouz Auditorium): Off-site, because day court is, a private way, it's… Speaker 6 (Kyrouz Auditorium): So normally, like, everyone who fronts on a private way has rights in that way. In this case, none of the adjacent properties actually have any rights in day court, so it's wholly owned by the applicant, so it's shown sort of as part of the property itself, but it realistically just

Speaker 6 (Kyrouz Auditorium): is… A private way, so, so… Speaker 6 (Kyrouz Auditorium): It's used to satisfy the frontage for the… for this lot itself. Speaker 6 (Kyrouz Auditorium): So it is… it is a street, so that's why we refer to this as an. Off-site improvement. Speaker 6 (Kyrouz Auditorium): So the proposal is to expand the width of the pavement from 10 feet currently at its mouth to 12 feet at the mouth, and then it expands out 150 feet into the property to over 16 feet. Speaker 6 (Kyrouz Auditorium): At which, with… Two cars can pass each other pretty, pretty comfortably. Speaker 6 (Kyrouz Auditorium): We're also revising the drainage plan to better capture some of the runoff from the paved area of the road itself. I have some more details on this in a couple slides.

slides. Speaker 6 (Kyrouz Auditorium): And then there's, we had proposed this originally, but it wasn't shown on the plan. There will be fencing between Day Court and the adjacent road. residential properties to the south and southeast there. Speaker 6 (Kyrouz Auditorium): So here's just a close-up view of the current. Speaker 6 (Kyrouz Auditorium): Paved portion of Day Court is only 10 feet throughout most of the beginning of the. private way. Speaker 6 (Kyrouz Auditorium): So, we're going to expand that pretty much Speaker 6 (Kyrouz Auditorium): As much as we can, and still accommodate the drainage plan that we're proposing. Speaker 6 (Kyrouz Auditorium): And then the drainage is a crushed stone trench, so there will be the ability for

Speaker 6 (Kyrouz Auditorium): vehicular travel over that trench as well, if need be. We're sort of limited space-wise here to be able to improve the road much further than we are improving, but we are trying to make access, pretty much Speaker 6 (Kyrouz Auditorium): As good as possible for the site. Speaker 6 (Kyrouz Auditorium): So again, this is the existing paved portion. We're increasing the 12 feet at the mouth, and then the short 150 feet away, we are increasing it to over 16 feet, and that's what's circled in green on the plan. Speaker 6 (Kyrouz Auditorium): And then the drainage, the existing, the existing Speaker 6 (Kyrouz Auditorium): Drainage is pretty limited on site. The rainwater pretty much just runs off of Day Court, out onto the adjacent properties, and down onto Essex Avenue.

is. Speaker 6 (Kyrouz Auditorium): that leach-and-c. Speaker 6 (Kyrouz Auditorium): Basin to catch the remainder. and hopefully keep. Speaker 6 (Kyrouz Auditorium): Every, keep all flow off of Essex Avenue. Speaker 6 (Kyrouz Auditorium): And then here is the drainage trench detail plan that I referred to earlier. P&D had asked for this. Speaker 6 (Kyrouz Auditorium): during the meeting and I didn't have it handy. Apparently this was included in the initial plan set because there was. Speaker 6 (Kyrouz Auditorium): drainage trench that was proposed. We just expanded that drainage trench in association with the feedback from P&D. I talked to the project engineer who confirmed that the spec would be the same throughout. So it is a 2-foot-wide trench.

Speaker 6 (Kyrouz Auditorium): The bottom portion is 2 inch to 5 inch diameter stone, so that's pretty, pretty hefty stone for, Speaker 6 (Kyrouz Auditorium): for the trench itself. So it's not gonna like, you know, wash out or crush if if vehicles do have to travel over that. And then. Speaker 6 (Kyrouz Auditorium): at the top of the trench itself. Speaker 6 (Kyrouz Auditorium): There'll be some filter fabric to keep the soil sediments from washing through and into the larger crushed stone, and then it's basically just decorative stone on top of that. Speaker 6 (Kyrouz Auditorium): with, A sort of port that you can check the, the. status of the church. Speaker 6 (Kyrouz Auditorium): French itself.

Speaker 6 (Kyrouz Auditorium): So… Speaker 6 (Kyrouz Auditorium): If, say, the top keystone layer does get covered in sediment, it shouldn't go down and affect the drainage of the trench itself, but it can be easily cleared away without infecting the integrity of the whole Speaker 6 (Kyrouz Auditorium): system. So. Speaker 6 (Kyrouz Auditorium): I know that that was a question from one of the neighbors and. I hope. Speaker 6 (Kyrouz Auditorium): Hopefully that answers that question sufficiently. I know that one of the proposed conditions here tonight will also be to continue. Speaker 6 (Kyrouz Auditorium): Continue to work with, the neighborhood to make sure that the drainage system. sort of…

Speaker 6 (Kyrouz Auditorium): is maintained adequately. throughout the process of the, of the… Speaker 6 (Kyrouz Auditorium): construction and throughout the ownership of the property. And then in terms of the fence, again, this wasn't shown on the plan originally, but it is shown now. Speaker 6 (Kyrouz Auditorium): Some greater detail below to show sort of how the fence works in conjunction with the associated properties to the south. Speaker 6 (Kyrouz Auditorium): So as the council well knows, the standard to be applied here for the use special permit is under GZOC. Section 1.8.4. Speaker 6 (Kyrouz Auditorium): That use can't be… essentially more adversely affecting the neighborhood than the benefits associated with the proposed use.

That's based on the 7th. Speaker 6 (Kyrouz Auditorium): factor. Speaker 6 (Kyrouz Auditorium): test. So, in terms of the social, economic, and community needs served by the proposal, obviously the city Speaker 6 (Kyrouz Auditorium): Still short on housing creation goals, as is most of the state. So these are six new residential units that are proposed here. It's a net gain of five, where there was an existing single family home on the site, but that house was dilapidated and needed to be demolished and reconstructed. regardless. Speaker 6 (Kyrouz Auditorium): We are adding to the city's housing stock here. In terms of traffic flow and safety, we're obviously right near the state highway. Speaker 6 (Kyrouz Auditorium): We are attempting to improve the access to the site to the best of our ability, as I described earlier.

Speaker 6 (Kyrouz Auditorium): Some of the conditions that I'll go over a little later on are also intended to mitigate any potential conflict with. Essentially, people… Speaker 6 (Kyrouz Auditorium): coming in and out of the site and with regards to the surrounding neighborhood. Speaker 6 (Kyrouz Auditorium): And then in terms of, access again. I know that the P&D Speaker 6 (Kyrouz Auditorium): So, committee had raised a question of whether we had talked to the fire department, and I had suggested that we had, but reaching out for more information. Speaker 6 (Kyrouz Auditorium): from the project engineer, I did learn that he actually designed a swept path analysis that demonstrates that the ladder truck can turn around

Speaker 6 (Kyrouz Auditorium): on-site sufficiently and come back out nose-first. They don't have to back out onto Essex Avenue. I don't believe that we have any official feedback from the fire department at this point, but obviously we will need to get their approval. Ultimately, and, and… but… Speaker 6 (Kyrouz Auditorium): Long story short, that is in the process. Speaker 6 (Kyrouz Auditorium): And I know that we had also proposed additional hydrants up. 2. Speaker 6 (Kyrouz Auditorium): on Day Court and onto the site itself. Speaker 6 (Kyrouz Auditorium): that was sort of, left to the fire departments to determine what they need, so in the event that, like, you can't, or you don't want to bring the ladder truck up there, there is hydrants that will be not just at Essex Avenue, they'll be up on site at the

Speaker 6 (Kyrouz Auditorium): The department can access in the event of a fire. And because these are both 3-unit buildings, they'll be sprinklered anyways. So… Speaker 6 (Kyrouz Auditorium): There's a lot of fire protection here for this site. And then obviously that if the ladder truck can turn around, then so can an Amazon truck. And, and something like that, so… Speaker 6 (Kyrouz Auditorium): And then in terms of parking for the site, we had discussed this again at P&T. There should be. Speaker 6 (Kyrouz Auditorium): Essentially, like, 4 spots for each unit, so we are. Well, in excess of the… Speaker 6 (Kyrouz Auditorium): And then here's that sweat path analysis that I was referring to that shows up in this top right hand corner.

or that. Speaker 6 (Kyrouz Auditorium): The ladder truck can make that three-point turn and then come back. knows first. Obviously, as I had mentioned. Speaker 6 (Kyrouz Auditorium): Day court is about 12 feet here. The fire truck itself is just over 9 feet, so there is room. Speaker 6 (Kyrouz Auditorium): On both sides for the fire truck to get in and out of decor as well. Speaker 6 (Kyrouz Auditorium): And there's just a close-up. Speaker 6 (Kyrouz Auditorium): As well. Speaker 6 (Kyrouz Auditorium): In terms of… Utilities and other public services. Speaker 6 (Kyrouz Auditorium): The existing utilities are sufficient, but we are going to update. and improve all of the utility connections. Speaker 6 (Kyrouz Auditorium): within day court that the.

We'll end up utilizing. Speaker 6 (Kyrouz Auditorium): including water and sewer. The water capacity is sufficient for the hydrants that I just mentioned. And then… Speaker 6 (Kyrouz Auditorium): I am not positive whether or not the electrical will be put underground, but, As part of the utility improvement. Speaker 6 (Kyrouz Auditorium): And we should have adequate public services as well, just due to the proximity to the… Essex Avenue, schools, other public services like the MBTA and things of that sort. Speaker 6 (Kyrouz Auditorium): In terms of the neighborhood character and social structure, the proposed use is compatible with the intent of the R20 residential district. Speaker 6 (Kyrouz Auditorium): the proposal is actually less dense than the surrounding neighborhood, and what the site can actually accommodate. The lot area per dwelling unit requirement in the GZO is 10,000 square feet in the R20 for a multifamily development. We're actually at 15,425, so we have room to spare, however.

Speaker 6 (Kyrouz Auditorium): Given the limitations on decor, we think that the 6 units is probably best suited for access in and out of the site without, sort of, overburdening. Decor, generally. Speaker 6 (Kyrouz Auditorium): And then there are other multifamily uses Speaker 6 (Kyrouz Auditorium): Just in the surrounding neighborhood, including the Gloucester. and Pondview Village as well. Speaker 6 (Kyrouz Auditorium): And then in terms of the inclusionary housing requirements, we do intend to comply with that, but that determination will be made Speaker 6 (Kyrouz Auditorium): During the permitting phase, it's sort of gonna be… Factor of whether or not. the… Speaker 6 (Kyrouz Auditorium): Area Meeting Income versus the, Percentage of qualified median sale price.

Makes more financial sense for the developer at the time. Speaker 6 (Kyrouz Auditorium): This was another question that was asked that I did not have an answer to at the time, but the current fee in lieu for six unit development is. 40% of that. Median qualified sale price. Speaker 6 (Kyrouz Auditorium): Based on that update to the ordinance. Speaker 6 (Kyrouz Auditorium): So then here's, just as I was mentioning, the… you can see just how big this site is. In comparison with many of the surrounding residential properties. Speaker 6 (Kyrouz Auditorium): Like I said, it could accommodate. Speaker 6 (Kyrouz Auditorium): More residential units, however, just given the. access it. We think that 6 is best.

Speaker 6 (Kyrouz Auditorium): There were a bunch of questions at P&D about whether. Now we can split this. Speaker 6 (Kyrouz Auditorium): site up. frontage. Speaker 6 (Kyrouz Auditorium): requirement and the GZO sort of Speaker 6 (Kyrouz Auditorium): Precludes us from being able to do that easily, so I think that this is the best solution to that. and. Speaker 6 (Kyrouz Auditorium): Council, is there any other questions about that sort of? I'm happy to answer those as well. through. Speaker 6 (Kyrouz Auditorium): In terms of the natural environment, as I had mentioned, the lot was pretty heavily littered prior to the start of this construction on the site. Speaker 6 (Kyrouz Auditorium): We will, as I also mentioned before.

Speaker 6 (Kyrouz Auditorium): Much of the site will be remaining green space and open space for the. residents. And. Speaker 6 (Kyrouz Auditorium): The stormwater plans make use of some swales and retention ponds that will sort of. accommodate Wildlife habitat and things of that sort. Speaker 6 (Kyrouz Auditorium): And, part of the reason why we needed zoning relief and why we need the relief. from the… Speaker 6 (Kyrouz Auditorium): The distance between the buildings is to stay out of the wetlands and the buffer zones that are to the… Southeast, or… Speaker 6 (Kyrouz Auditorium): sort of the east of the, proposed. structures. Speaker 6 (Kyrouz Auditorium): In terms of potential fiscal impacts, obviously.

Speaker 6 (Kyrouz Auditorium): The creation of new dwelling units will, Speaker 6 (Kyrouz Auditorium): Results in considerable new growth tax revenue for the city, and obviously the. The applicant will be able to. Speaker 6 (Kyrouz Auditorium): to derive additional revenue to further enhance the site. Speaker 6 (Kyrouz Auditorium): And then we're not in a FEMA flood zone, so the vulnerability to flood. Flooding does not… apply here. Speaker 6 (Kyrouz Auditorium): And then finally, just in terms of the standard for the special. Permit for the distance between. Speaker 6 (Kyrouz Auditorium): buildings. Speaker 6 (Kyrouz Auditorium): The reduction can be authorized upon finding that such reduction is not detrimental because of view obstruction, overshadowing, service access or visual crowding.

Speaker 6 (Kyrouz Auditorium): So, we can't really place these buildings on the site anywhere except for here, and maintain the driveway access, the setbacks, and the distance away from the. wetlands, so… Speaker 6 (Kyrouz Auditorium): sort of limited, but we do maintain a 20 foot setback between the buildings, which is the regular setback for a three family building in the R20. Speaker 6 (Kyrouz Auditorium): Both structures actually meet all dimensional requirements for. three-family. Speaker 6 (Kyrouz Auditorium): buildings on their own, just not combined when the. multifamily. Speaker 6 (Kyrouz Auditorium): requirements in the GZO are actually more burdensome than the three family building requirements.

Speaker 6 (Kyrouz Auditorium): But we are set back from pretty much all other residential Speaker 6 (Kyrouz Auditorium): buildings in the surrounding neighborhoods, so we're not going to obstruct anybody else's view or overshadow any other properties or anything. Speaker 6 (Kyrouz Auditorium): So, so, yeah, in terms of fire safety, like I, like I said. There will be sprinklers in both the buildings, so. Speaker 6 (Kyrouz Auditorium): Them being closer together does not prevent present a fire concern in that respect. Speaker 6 (Kyrouz Auditorium): So then, in terms of the proposed conditions, I'm happy to read this into the record if the council wants. Okay. So here's the fencing that I had mentioned. Oh, sorry, this is the vegetative border, that is one of the conditions. So the first 50 feet will be vegetative border, so that you can maintain the view.

Speaker 6 (Kyrouz Auditorium): For cars entering and exiting. Speaker 6 (Kyrouz Auditorium): day court off of Estes Avenue that that will be low-lying vegetative cover as opposed to the six foot. That's proposed as condition number two. Speaker 6 (Kyrouz Auditorium): So that's to keep those view, those sight lines adequate. Speaker 6 (Kyrouz Auditorium): And here's the fencing. That's the… after that first 50 feet, for the next 150 feet, and this is to keep Speaker 6 (Kyrouz Auditorium): Privacy between these. residential buildings to the south. Speaker 6 (Kyrouz Auditorium): East and the increased vehicular. traffic that's gonna be on Day Court. Speaker 6 (Kyrouz Auditorium): Third one is drainage regulations, as I mentioned.

Speaker 6 (Kyrouz Auditorium): This is just any damage to the adjacent properties need to be repaired to the owner's expense. then. Speaker 6 (Kyrouz Auditorium): continued cooperation with the neighbors and these are the two conditions that were added at the P&D. Just to maintain… Speaker 6 (Kyrouz Auditorium): whatever the MBTA requires for a fence along the tracks. There is a fence there currently. But we just need to make sure that that is at least. Speaker 6 (Kyrouz Auditorium): I think the META requires like a. 6 foot chain link. Or similar, sort of minimum safety requirement. Speaker 6 (Kyrouz Auditorium): Keep people off the tracks. And then I think that there was a question on wording of this, but essentially that the applicant needs to maintain continued cooperation with the interested neighbors regarding the maintenance of the offsite improvement to Day Court that I mentioned, including that.

adrenergic. Speaker 6 (Kyrouz Auditorium): So that's it, the two special permits, use and the distance between buildings, and I'm happy to answer any questions. Speaker 1 (Kyrouz Auditorium): Aiden, just for future reference, you went about 5 minutes over. Tonight's not a heavy schedule, but there is a heavy schedule, so you may want to… Speaker 1 (Kyrouz Auditorium): Time your… your presentations to 20 minutes. Understood, I'm sorry about that. Okay. Speaker 1 (Kyrouz Auditorium): All right. Speaker 1 (Kyrouz Auditorium): Anyone else would like to speak in favor? Speaker 1 (Kyrouz Auditorium): Anyone like to speak in opposition?

Speaker 1 (Kyrouz Auditorium): Do we have any communications? Speaker 4 (Kyrouz Auditorium): There are two that were received back in July. I think it was directed more to P&D, but it was also directed to council. Speaker 4 (Kyrouz Auditorium): The first one was from… Speaker 4 (Kyrouz Auditorium): Margaret Howard of Holman's Court. Speaker 4 (Kyrouz Auditorium): And, she was concerned. Speaker 4 (Kyrouz Auditorium): About construction phase damage, long-term traffic impact. and. Speaker 4 (Kyrouz Auditorium): was requesting conditions to include pre-construction road survey, developer liability for construction phase damage, financial security, post-construction road assessment and restoration.

Speaker 4 (Kyrouz Auditorium): traffic mitigation or road improvement contribution, construction vehicle access and routing plan, and binding and enforceable conditions, and also requested that the city engineer conduct an independent review of Holman's Court current condition, capacity, and vulnerability. Speaker 4 (Kyrouz Auditorium): Given its direct adjacency to the proposed development site. Speaker 4 (Kyrouz Auditorium): And the other communication was from Jeffrey Manos and Bonnie Lazote at Holman's Court. Speaker 4 (Kyrouz Auditorium): And they were also concerned about traffic congestion and public safety, infrastructure and stormwater management, and they did request conditions of approval.

Speaker 4 (Kyrouz Auditorium): And they requested a review of. Speaker 4 (Kyrouz Auditorium): Traffic. Speaker 4 (Kyrouz Auditorium): traffic engineer. Traffic engineering as well. To. Speaker 4 (Kyrouz Auditorium): conduct a traffic assessment and stormwater management review. Speaker 1 (Kyrouz Auditorium): questions from counselors.

Speaker 1 (Kyrouz Auditorium): Councilor Page.

Patti-Ann Page Yes, thank you. I believe I understand, the request for relief for the buildings to be closer. I have no objection to that. I think, in general, this is a well-planned-out, project. I would like, Aiden, if he could, to clarify for me, to make sure I understand. It's 10-foot wide entry now. They're going to increase 12 foot wide, and that 12 foot width is going to run… is it 150 feet long until it gets to the 16 and a half? Did I understand that correctly?

Speaker 6 (Kyrouz Auditorium): That's correct, yep.

Patti-Ann Page Okay, so it's 12 feet for 150 feet in depth. I'm gonna hold that thought for just a second, if you don't mind. I do believe that the, drainage plan, and that was mentioned by the concerns of some of the neighbors there, that I think that we need possibly a maintenance schedule for that, and an annual inspection and report to the appropriate department, maybe building. or something like that, because in years to come, if that drainage becomes infiltrated and doesn't work and spills over to Holman's Court, there's no recourse for those neighbors. So that's something I would…

Patti-Ann Page S. To be considered, I'm a little interested that the fire department, we have no comment or review or anything from them in two areas. One is their turnaround. It looks fairly adequate to me, but The fire department is the final, arbiter of that, and did I understand correctly that there will be a hydrant on site?

Speaker 6 (Kyrouz Auditorium): That's up in the air. It's at the discretion of the fire department. Some iterations of the plans do show hydrants, multiple hydrants up onto the site itself.

Patti-Ann Page Okay, so there's no hydrants on the site, and you're gonna defer to the fire department on that.

Speaker 6 (Kyrouz Auditorium): That's correct. There's currently no hydrants on site. Okay.

Patti-Ann Page I'd like to make a comment on that. I… again, from entryway of Essex Ave into maybe the first building, how many feet is that, approximately?

And…

Patti-Ann Page From Essex Ave to the first dwelling unit?

Patti-Ann Page Rough guess is fine, Aiden.

Speaker 6 (Kyrouz Auditorium): I'd probably say about 350 to 400 feet.

Patti-Ann Page Yeah, okay, no, that's absolutely fine. I would… Definitely recommend. A condition. A 6-inch line, 400 feet in, for at least one hydrant. That's not an onerous request for a development like this at all, and with the pressure, given in West Gloucester, as I live here, is questionable at any time, and if the Upper Banjo project gets built. you know, I have concerns that the, you know, the service lines will have strains on them, so I wouldn't even begin to move forward until you add a 6-inch line for at least one hydrant 400 feet in. That's a really… that's not…

Patti-Ann Page an onerous economic, addition. I heard you had sprinkler systems. But water and hydrant, sometimes these… things fail, whatever. It's always good to have a backup, so I would advocate, for that very much. the I just, again, I'd like to get back to this 10 foot wide, increased to 12 foot wide for 150 feet. Now, a basic tenet for development, as I understand it, is what they call adequate access. 12 foot wide is not adequate for even two cars to pass at a time.

Patti-Ann Page They're more than 6 foot wide, with… With room. That's… that's very, very limiting. I'm a little surprised that it's gotten this far with that kind of access, and adequate access Determines whether properties develop… can be developed, and it… what… you know, how much it can be developed. It certainly is a basic driver to property value. So, I'm not saying I'm the reviewer or a traffic engineer, but that has to be…

Speaker 1 (Kyrouz Auditorium): This is the time for questions. You can, when we go to discussion, might be more appropriate time to bring this stuff up.

Patti-Ann Page Okay, okay, I was gonna get to the question, but I defer to you again, Tony. I appreciate that.

Speaker 1 (Kyrouz Auditorium): Ask your question. That's okay.

Patti-Ann Page Okay, I don't see a way for you to improve that, but… Are you actually telling me that the fire department and or even the Traffic Commission has not assessed this, or the building department, for, quote, adequate access at even the 12-foot width for 150 feet? In other words, we have no other opinion on that.

Speaker 6 (Kyrouz Auditorium): The fire department has been consulted and has not. written Anything against? Speaker 6 (Kyrouz Auditorium): This project, the. Speaker 6 (Kyrouz Auditorium): Path analysis shows they can turn around. I believe that. Speaker 6 (Kyrouz Auditorium): The engineer has confirmed that the water pressure is sufficient to serve any hydrant. Speaker 6 (Kyrouz Auditorium): on site, to the extent that the fire department, again, requires that. These are issues that are going to be worked out. Speaker 6 (Kyrouz Auditorium): in the building permit phases in terms of of access, Speaker 6 (Kyrouz Auditorium): You know, again, we are limited by the layout of Dade Court here. We don't own any land to the north or south.

Speaker 6 (Kyrouz Auditorium): We're limited to the size of of day court. the. Speaker 6 (Kyrouz Auditorium): ZVA is currently granted a permit Speaker 6 (Kyrouz Auditorium): For 3 buildings, that requires no… Speaker 6 (Kyrouz Auditorium): off-site improvements whatsoever. So, you know, as a condition of the additional 3 units, the P&D recommended these off-site. events. Speaker 6 (Kyrouz Auditorium): to the road itself to try to accommodate these. additional three units. Speaker 6 (Kyrouz Auditorium): feeling being that, the site can accommodate Speaker 6 (Kyrouz Auditorium): These 6 units, and probably not more so because of the. access constraints. I would. Speaker 6 (Kyrouz Auditorium): just, you know.

Speaker 6 (Kyrouz Auditorium): mentioned that to the southeast of the site going up King Phillips Road is a bridge with limited access that only one car can fit over that leads to miles of private ways that are difficult for two cars to get by each other, so it's not like… Speaker 6 (Kyrouz Auditorium): This is unorthodox for the city of Gloucester, let alone. this specific neighborhood. So, Speaker 6 (Kyrouz Auditorium): We're trying to make… Speaker 6 (Kyrouz Auditorium): the most of what we can with the layout of the road that we have, and I think that the improvements that we are proposing Speaker 6 (Kyrouz Auditorium): Sort of mitigate some of the harsher concerns. Speaker 6 (Kyrouz Auditorium): Where, you know, currently, This road is not of adequate construction at all.

And we are improving that to the extent possible.

Patti-Ann Page I appreciate that, Aiden. Was there any thought or approach to somehow, co-joining Holman's Court with Day Court and working with those neighbors just for the 150 feet to get some better with an access.

Speaker 6 (Kyrouz Auditorium): You know, we, again, we don't, we don't know, we have no rights in Holman's Court. That would have to be, that would be a large undertaking to figure out, you know, who has those. Speaker 6 (Kyrouz Auditorium): Rights in the first place, who can convey what, and how to even accomplish. that, so, you know, and I would… Speaker 6 (Kyrouz Auditorium): I would presume that. Speaker 6 (Kyrouz Auditorium): Anybody with rights at home and home and score would want to. Speaker 6 (Kyrouz Auditorium): To do this, and they seem… to… Speaker 6 (Kyrouz Auditorium): Us, anyways, to want to sort of block the two… Speaker 6 (Kyrouz Auditorium): The two private ways off from one each other.

Speaker 6 (Kyrouz Auditorium): To try to maintain some separation and privacy.

Patti-Ann Page Right, the separation of privacy, but… okay, okay. I appreciate it, thank you, Aiden.

Speaker 3 (Kyrouz Auditorium): So Grow Thank you, Mr. Church. Just for some clarifying questions on the fire issue. Speaker 3 (Kyrouz Auditorium): We're at the permitting process. Speaker 3 (Kyrouz Auditorium): Should the permit go through, you would then submit to the building inspector, the building commissioner, a full, complete set of plans, architectural plans and layout plans, that would then be subject to review by the fire department and their recommendations for Speaker 3 (Kyrouz Auditorium): the needs of the development in terms of fire protection. So, while I understand Councilor Page's concern about adding this in as a condition, it's already effectively a condition because Speaker 3 (Kyrouz Auditorium): You can't go forward without the fire department signing off on The…

Speaker 3 (Kyrouz Auditorium): layout and the plans as presented to the Building Commissioner, correct? Speaker 6 (Kyrouz Auditorium): We would not be able to obtain a building permit, that's correct. Speaker 3 (Kyrouz Auditorium): Effectively, it would be Speaker 3 (Kyrouz Auditorium): Unnecessary to add a condition, because the fire department has the overriding determination of what will or will not be acceptable to them. Speaker 6 (Kyrouz Auditorium): Yes, that's correct. And again, we've had these preliminary conversations that, at least to my understanding, the engineer seems to believe that they've gone well and that the fire department will have no issue with the overall project and that to the extent that there's minor technical issues here and there, that those can be worked out in that.

building. Speaker 6 (Kyrouz Auditorium): phase. Speaker 1 (Kyrouz Auditorium): Any other questions?

Patti-Ann Page One more, Tony, please. One quick.

Speaker 1 (Kyrouz Auditorium): Sure, go ahead, Pat.

Patti-Ann Page Are you bringing water, a water line, to the dwelling units? Mr. Church. And that's a… 3 foot… 3 foot depth?

Speaker 6 (Kyrouz Auditorium): I honestly don't know the depth that the water lines required to be in the driveway. That's codes that are outside of my purview at this time.

Patti-Ann Page Oh, okay. It's gotta be below frost, I think, but I'm not clear either. Thank you again.

Speaker 1 (Kyrouz Auditorium): Any more questions? Speaker 1 (Kyrouz Auditorium): Councilor Graves. Thank you. Speaker 1 (Kyrouz Auditorium): I know the property prior to, your client purchasing it was kind of pretty much a mess, and there was a lot of abandoned cars and boats and whatever has… Speaker 7 (Kyrouz Auditorium): In the cleanup process, are they making sure that there's no… any type of residual contamination from, like, oil or antifreeze or anything that might have come from the vehicles that would dump there? Speaker 6 (Kyrouz Auditorium): I don't know if they have tested soil and things of that sort. I know that there were, you know, batteries and automobiles and things of that sort.

Soilite. Speaker 6 (Kyrouz Auditorium): Like you mentioned, My, my understanding is that Speaker 6 (Kyrouz Auditorium): All of that debris has been removed at this point. I don't know if they've done continued Speaker 6 (Kyrouz Auditorium): testing, I would… I… I don't believe it's necessary, because it wasn't, like. wasn't. Speaker 6 (Kyrouz Auditorium): Junkyard, per se, I think it's… Speaker 6 (Kyrouz Auditorium): I think it was a little excessive for a single-family use to have that amount of, sort of, debris on site, but it wasn't, like, a commercial dumping ground type thing. Speaker 7 (Kyrouz Auditorium): Thank you. Speaker 7 (Kyrouz Auditorium): Questions? Speaker 1 (Kyrouz Auditorium): Okay, I'm gonna close the public hearing.

Speaker 1 (Kyrouz Auditorium): Committee report? Speaker 3 (Kyrouz Auditorium): Sit back. On a motion to Councillor Grow, seconded by Councillor Kimberley, the Planning and Development Committee voted 3 in favor, 0 opposed. Speaker 3 (Kyrouz Auditorium): to recommend that City Council grant to Billiken Investments LLC a special permit, Special Council Permit 2026-007, Speaker 3 (Kyrouz Auditorium): For the property located at Day Court No. 4, Assessor's Map 219, Lot 155, R20 District, pursuant to Speaker 3 (Kyrouz Auditorium): Oh, yes. I'm gonna hold… pause for just a moment, thank you. And just announce that the committee recommendation reflects language that was modified slightly Speaker 3 (Kyrouz Auditorium): To tighten up the legalese from the original,

Speaker 3 (Kyrouz Auditorium): recommendation that was read at P&D. So, without objection, I'll move forward with making the committee's recommendation. Speaker 3 (Kyrouz Auditorium): Anyone have an objection? Speaker 3 (Kyrouz Auditorium): Okay, I forgot about that. Speaker 3 (Kyrouz Auditorium): So anyway, getting back to, assessor's map 219, lot 155, R20 district, pursuant to Gloucester Zoning Ordinance Section 2.3.17. Speaker 3 (Kyrouz Auditorium): Conversion 2 or new multi-family or apartment dwelling, 4 to 6 dwelling units, to construct 6 dwelling units, and grant a special permit pursuant to GZO Speaker 3 (Kyrouz Auditorium): 3.2.2 footnote E. Speaker 3 (Kyrouz Auditorium): dimensional requirements for multifamily dwellings and their accessory uses other than signs, to reduce the required distance between two principal buildings as follows. Combined heights of buildings' feet would be 51.2 feet, with a proposed distance of 20, seeking a granted relief of 31.2 feet.

Speaker 3 (Kyrouz Auditorium): Condition 2. Speaker 3 (Kyrouz Auditorium): Prior to issuance of a per- occupancy permit for the first completed unit, applicant must erect a 6-foot wooden stockade fence or similar visual barrier made of natural materials Speaker 3 (Kyrouz Auditorium): No vinyl. Speaker 3 (Kyrouz Auditorium): Along the southeasterly boundary of Day Court, from a point beginning 50 feet Speaker 3 (Kyrouz Auditorium): from the day court's intersection with Essex Avenue and continuing for 100 feet. The applicant and its successors and assigns shall also have a perpetual obligation to maintain such visual barriers within said 100 feet. Speaker 3 (Kyrouz Auditorium): 3. All off-site improvements to Day Court must comply with all City of Gloucester drainage regulations.

Speaker 3 (Kyrouz Auditorium): For any damage to homes court caused by construction activities on date court and or applicants property shall be repaired at applicants expense. 5 applicants shall offer to collect email addresses from interested neighbors and provide advanced notice of commencement of construction. Speaker 3 (Kyrouz Auditorium): 6. Prior to issuance of an occupancy permit. Speaker 3 (Kyrouz Auditorium): The applicant shall construct a fence along the railway according to MBTA requirements. Speaker 3 (Kyrouz Auditorium): 7. The applicant shall consult abutters regarding the final drainage plan to ensure proper drainage is maintained in the future. Speaker 3 (Kyrouz Auditorium): And without objection, I neglected to read this at the P&D, but we would say that the Council finds

Speaker 3 (Kyrouz Auditorium): that a reduction in the required distance between two principal buildings will not be detrimental to the neighborhood because of view obstruction, overshadowing, service access, or visual overcrowding, and I so move. Speaker 1 (Kyrouz Auditorium): Motion made by Councillor Grow, seconded by Councillor Benson. Discussion? Speaker 3 (Kyrouz Auditorium): Just very quickly, if I could. We did do a site visit of the location. We had, I think pretty much everybody was there. A lot of commentary, I think brought forward some improvements to the access, entry and exit points. Speaker 3 (Kyrouz Auditorium): Neighbors were present at the meeting, were offered the opportunity to ask questions. We had some input from residents at the P&D meeting. They were offered the opportunity to ask questions and state their positions.

Speaker 3 (Kyrouz Auditorium): I think, generally speaking, it's a good plan. I'm looking forward to the increase in the housing. I'm also specifically interested in the increase to the Affordable Housing Trust, or the 511 compliance. Speaker 3 (Kyrouz Auditorium): Umm. Speaker 3 (Kyrouz Auditorium): They have responded, I think, with, with sufficient, Speaker 3 (Kyrouz Auditorium): Concern to deal with the neighbors' issues and the council issues, and I support the project. Speaker 1 (Kyrouz Auditorium): Councilor Page.

Patti-Ann Page Thank you. I'd like to recommend, I think a subtle amendment to one of the conditions that Jason wrote. I… the drainage, the maintenance of the drainage, I'd like to propose that there be an annual inspection. regular, annual maintenance and inspection, and that report be provided to the appropriate department for the, continued, protection of the neighbors at Holman's Court. And I so move. Is that the right thing to say?

Speaker 1 (Kyrouz Auditorium): Motion made by Councillor Page. Speaker 1 (Kyrouz Auditorium): Seconded by Councillor Benson. Discussion? Speaker 3 (Kyrouz Auditorium): I guess the only concern I would have is, is who's going to conduct the annual inspection? I mean, I think we could… Speaker 3 (Kyrouz Auditorium): We could maybe, word it in such a way that, Speaker 3 (Kyrouz Auditorium): the applicant and as we did with the other conditions, which is that the applicant and its successors, Ashlands, shall have a perpetual obligation to maintain the drainage, final drainage plan to ensure proper drainage is maintained in the future. Would you be willing to accept that?

Patti-Ann Page If… the, you know, the association would have to pay a private inspector to do that and provide that report to the appropriate, inspection board. I don't know that that's onerous. If you say perpetual, my concern is Jason, and… you know, you find, if I'm not getting this straight here, that, you know, in years, again, I know these underground drainages sometimes get compromised, and if the neighbors have to come and complain because they're getting water, now they're getting water in their basement, and it's, you know, clearly… it just becomes a civil matter rather than some small protection, I think, that we could add here.

Speaker 3 (Kyrouz Auditorium): I would respond to that if I could. Just that. Please. If we require them to maintain, perpetual Speaker 3 (Kyrouz Auditorium): A perpetual obligation that if there is a problem, if anything begins to be a problem, the neighbors have the, have the resource of going to the building commissioner and say. Speaker 3 (Kyrouz Auditorium): This is a condition of the special permit. They need to make sure this is operating properly. They've not done that. We want you to do that for us. I just don't know that there's private inspectors that go that we can. It's just a it's a clumsy Speaker 3 (Kyrouz Auditorium): In addition, I think that we could, we could make this a condition without An annual inspection, I think.

Patti-Ann Page Okay, well, I do know that the Village of West Gloucester, that's over 20 years old. that is one of the conditions of the special permits there, that they're required to have, stormwater drainage, I'm not sure I'm getting this exactly right, and they're to provide inspection report to, I believe, the health department. Or maybe ConCom, I may have forgotten that, each year. So, these conditions have been done in the past. I was just hoping to protect the neighbors in that way. I know perpetuity… I just didn't want to leave this to… again, it becomes a civil matter, then you've got to complain to the building inspector, and then he has no teeth. So I was just trying to put a little bit of bite on this that wasn't onerous for the… maybe we make it every

Patti-Ann Page Third year, or… I don't know, I… That's.

Speaker 6 (Kyrouz Auditorium): If I may, Councillor Page, just like, what is the objective here? I'm just trying to understand.

Patti-Ann Page It.

Speaker 6 (Kyrouz Auditorium): I can understand what you're trying to do, and I think protecting the neighbors is the reason I second in your amendment, or sorry, your. Speaker 8 (Kyrouz Auditorium): condition to one of the amendments, the amendment to the condition, sorry. I'm just wondering like what are we trying to gauge here? 'Cause I think as Councilor. Speaker 8 (Kyrouz Auditorium): Grow says this, like, it's onerous, and then I'm thinking, too, is what you just said, is that who is going to be responsible? Like, we could be putting this on the onerous of the Speaker 8 (Kyrouz Auditorium): eventually, this applicant will no longer own it, it will be owned by… they're going to be sold off, and each person is going to have a stake in the property. So I'm just… I'm just trying to wrap my head around it. I'm… because I think that there is a fair… you have a fair point here, but I just… do you think there could be some tightening here?

Patti-Ann Page It will… there'll be an HOA, would clearly be my assumption in this kind of, or, you know, organized build-out, and.

Speaker 8 (Kyrouz Auditorium): And we'll have a stake in the ownership of the of.

Patti-Ann Page Yeah, but the HOA has conditions, and that's written in the conditions of the HOA. When each unit is sold, that's, again. the model at Village of West Gloucester, and Margaret Howard's communication did mention that, and again, if over time these things get compromised. The neighbors pay, because if it gets compromised in that, you know, drainage area where all the leaves and everything come, and then they start to get damage on their properties, particularly in their basements, or in their, you know, dwellings. It becomes… it becomes a very serious problem, and to ask for some kind of routine, maybe yearly's too much.

Patti-Ann Page but routine maintenance and inspection with a report to the appropriate department. Again, I believe there is precedent Village of West Gloucester, which is a bigger build-out, but again, it doesn't seem to be make or break the project kind of, issue.

Speaker 8 (Kyrouz Auditorium): And then my follow up, if I may just quickly, who do you propose is gonna do the inspection? It's gonna be someone that the owners of now the condos, they're gonna hire someone to do the inspection and then that report's gonna be sent to the building inspector and to other applicable departments. Is that what you're saying?

Patti-Ann Page Correct. They have these companies that come out and do this. Again, at Village of West Gloucester, they have to take all this, you know, maintenance and care and expense to do this. That was the agreement when it was permitted, and they go forward. Actually, truth be told, these conditions have been fallen aside, and they haven't been kept to these Conditions but. Nonetheless, they are written in, and they can be done, and they can. In other words, if they even had that, you know, slight amendment to the condition, and the neighbors were, you know, to claim… the neighbors have more teeth there, that they may not have been complying with their maintenance schedule. The And… And the chair, Bayard.

Speaker 6 (Kyrouz Auditorium): I respond to this proposal? Yes, please.

Patti-Ann Page Please, please.

Speaker 6 (Kyrouz Auditorium): So, just to start, so there is currently no drainage plan on the road here. The entirety of the runoff Speaker 6 (Kyrouz Auditorium): Goes towards the neighbor's properties, currently. Speaker 6 (Kyrouz Auditorium): So we are improving that condition. Speaker 6 (Kyrouz Auditorium): In that respect. Speaker 6 (Kyrouz Auditorium): Second off, the neighbors. Speaker 6 (Kyrouz Auditorium): Whom this proposal is trying to protect. Speaker 6 (Kyrouz Auditorium): spoke multiple times at multiple… well, I guess the P&D wasn't necessarily a public hearing, however, they raised their concerns at the P&D meeting and the site visit, and are not here tonight to speak in opposition to voice

Speaker 6 (Kyrouz Auditorium): you know, any opposition to the present conditions as proposed. I think that annual inspections are overly burdensome for Speaker 6 (Kyrouz Auditorium): A 6-unit development. Speaker 6 (Kyrouz Auditorium): I think semi-annual inspections are overly burdensome. I think that Speaker 6 (Kyrouz Auditorium): the applicant would likely accept a condition for perpetual maintenance responsibility. I think that Speaker 6 (Kyrouz Auditorium): That condition's probably unnecessary. It is their responsibility to maintain this system, in the event that Speaker 6 (Kyrouz Auditorium): rain… that the system fails when rainwater does flood the basement. The… Speaker 6 (Kyrouz Auditorium): the mechanism to address that is through the building department, and then, you know, potentially through a lawsuit, like everybody else in the City of Gloucester.

Speaker 6 (Kyrouz Auditorium): That's… I just think that, you know, the neighbors had their opportunities to speak and are not here tonight to seek further conditions than what's. presently proposed. Speaker 6 (Kyrouz Auditorium): So in my opinion, the additional contingent would be unnecessary.

Patti-Ann Page Councilman Memo.

Speaker 5 (Kyrouz Auditorium): Yeah, I'm of Councillor Page's proposal, based on my personal experience of a property that was developed off. Speaker 5 (Kyrouz Auditorium): Haskell Street in Gloucester, with City Council special permit. Speaker 5 (Kyrouz Auditorium): Elaborate drainage provisions in the permit. Speaker 5 (Kyrouz Auditorium): And once it was put in place, they violated the terms of the permit, but the impact of downstream residents have no… zero recourse through the city. Their only recourse is through private. Speaker 5 (Kyrouz Auditorium): legal parties. The city engineer has done an inspection. Speaker 5 (Kyrouz Auditorium): You know, so I agree, based on my experience in Gloucester, with similar developments that impact downstream parties, that it's appropriate to have some follow-up where we grant the permit with certain terms and conditions, understanding that they'll be maintained.

And… Speaker 5 (Kyrouz Auditorium): Councillor Page's proposal is just that we have a mechanism in place to make sure that these continue. Speaker 5 (Kyrouz Auditorium): To serve their purpose.

Patti-Ann Page And could I just make a note that, again.

Speaker 1 (Kyrouz Auditorium): Grow is next.

Patti-Ann Page I'm sorry.

Speaker 3 (Kyrouz Auditorium): I appreciate both these arguments, both your arguments on this. I just feel like… I feel like imposing an annual inspection, is… sort of goes above and beyond what we really need to be worried about at this point. Again, I would… Speaker 3 (Kyrouz Auditorium): I would probably not support that, but I would support inserting the language, the applicant and its successor shall have a perpetual obligation to maintain and ensure the proper drainage is maintained in the future. Speaker 3 (Kyrouz Auditorium): Because that does give an immediate, Recourse from the, the, Speaker 3 (Kyrouz Auditorium): neighbor to the building commissioner to say, hey, they're not maintaining this, we need it maintained, and they can go in and issue that.

Speaker 3 (Kyrouz Auditorium): the… the issue that we've had with… with Haskell Court is… Haskell's… it's been a hassle. A hassle in Haskell. But I… I… every time we've talked to them about the conditions that have happened there. Speaker 3 (Kyrouz Auditorium): They're within the compliance of their engineering reports, from what I understand, and it's become intractable. Speaker 3 (Kyrouz Auditorium): But I think, I think this solves the problem that Speaker 3 (Kyrouz Auditorium): Is, is here in terms of the, the… Speaker 3 (Kyrouz Auditorium): perpetual nature of maintaining it, so I'd really like to steer us that way, if we could.

Patti-Ann Page May I have a comment, or…

Speaker 1 (Kyrouz Auditorium): I'd just like to weigh in a little bit here. Yeah. Speaker 1 (Kyrouz Auditorium): Can you repeat your amendment so that we can have it before us?

Patti-Ann Page Yeah, I'll even, fine-tune it a bit. I'd like to propose that we amend the condition of, the drainage.

Speaker 1 (Kyrouz Auditorium): Seven, number seven.

Patti-Ann Page Thank you. Number 7, to include… maybe we could… Negotiate, not annual, but maybe every other year? Maintenance and inspection report. delivered to the appropriate department. I'll… I would assume the… I think it's actually, I… for some reason, They do. over there, again, either the health department or the building inspector. I'll accept either one of those, in order for the protection of, the neighbors at Holman's Court, and again, based upon, Margaret Howard's concern. I…

Patti-Ann Page end of amendment, what I was going to report… respond to Mr. Church's comment.

Speaker 1 (Kyrouz Auditorium): Concisely, give it a great.

Patti-Ann Page system.

Speaker 1 (Kyrouz Auditorium): I'm trying to write the amendment down.

Patti-Ann Page Sorry, I'm sorry.

Speaker 1 (Kyrouz Auditorium): So without any editorial, it'll be really helpful.

Patti-Ann Page All right, I apologize, Tony, I'm… I'm green. Okay. I'd like to, propose an amendment.

Speaker 4 (Kyrouz Auditorium): Hold on just a moment while I get my screen share up.

Patti-Ann Page Of course. Thank you, that was really helpful, Grace. Include a… maybe a bi-annual. Maintenance and Inspection Report. On the proposed drainage? Delivery system. Item 7, I think it was Condition 7, yes. Delivered to, we could say, the… Building inspector, because he's Inspectional Services, and the Health Department.

Patti-Ann Page And I so move.

Speaker 6 (Kyrouz Auditorium): Second.

Patti-Ann Page And then if I could make,

Speaker 1 (Kyrouz Auditorium): It's my turn.

Patti-Ann Page Yep, that's fine. Thank you, Joni.

Speaker 1 (Kyrouz Auditorium): Health department, absolutely not involved. They were probably involved in the other one because there was septic involved over there, but they, they would not be.

Patti-Ann Page the All right, might have been ConCom, whatever. I accept the inspectional services department.

Speaker 1 (Kyrouz Auditorium): And this is an improvement now. Speaker 1 (Kyrouz Auditorium): I totally agree with the, that. Speaker 1 (Kyrouz Auditorium): This, the idea of this, But the remedy, whether it says, you know. Speaker 1 (Kyrouz Auditorium): Drainage in perpetual… in perpetual… perpetuity.

Patti-Ann Page Richard.

Speaker 1 (Kyrouz Auditorium): much Choking on that one. Speaker 1 (Kyrouz Auditorium): Or it says, a maintenance plan, the remedy is exactly the same. Speaker 1 (Kyrouz Auditorium): If it fails, They go to the building inspector. Speaker 1 (Kyrouz Auditorium): So, the remedy will not change. Speaker 1 (Kyrouz Auditorium): And, you know, this is probably different than Haskell Court, which was… Pasco Street, which was… Speaker 1 (Kyrouz Auditorium): Probably just they had a drainage plan that was done, the city engineer approved, correct? Speaker 1 (Kyrouz Auditorium): They didn't have an order of conditions on it. Fortunately. Speaker 5 (Kyrouz Auditorium): So that's different. This is a much.

Speaker 1 (Kyrouz Auditorium): More tailored and, you know. Speaker 1 (Kyrouz Auditorium): Number 7 is totally different than what happened on Haskell Street, because that was just your run-of-the-mill, where we have problems with that all over the city. Speaker 1 (Kyrouz Auditorium): And, you know, where the drainage plan was approved, but it's… Speaker 1 (Kyrouz Auditorium): Basically about the construction of the building, not a drainage ditch that's been put in to improve the property. Speaker 5 (Kyrouz Auditorium): In that case, it was a retaining pond that has been. Allowed to sealed up and fill, no longer. Speaker 5 (Kyrouz Auditorium): functions. didn't. Speaker 5 (Kyrouz Auditorium): increased by an irrigation system for new lawns. Right, so they didn't put any, they didn't put.

Speaker 1 (Kyrouz Auditorium): Any condition that it had to be maintained. Speaker 1 (Kyrouz Auditorium): And this one has that. Speaker 1 (Kyrouz Auditorium): But I… the remedy I see. Speaker 1 (Kyrouz Auditorium): Dependent upon the language that's there. Speaker 1 (Kyrouz Auditorium): is the same. Speaker 1 (Kyrouz Auditorium): That they have to go to the building inspector and complain whether… because they're not going to be getting this, this report. Speaker 1 (Kyrouz Auditorium): Now, part of it does concern me, it's going to be driven over, which will pack it. Speaker 1 (Kyrouz Auditorium): Compact it more over time. Speaker 1 (Kyrouz Auditorium): Particularly if you have oil trucks.

Speaker 1 (Kyrouz Auditorium): you know. other, Speaker 1 (Kyrouz Auditorium): heavy vehicles going up there. So that does, that adds another layer of whether or not this should have some. Speaker 1 (Kyrouz Auditorium): Some type of a, a mechanism to keep it Speaker 1 (Kyrouz Auditorium): To make sure that it actually continues to work. Speaker 1 (Kyrouz Auditorium): So, I think, but the remedy is the same no matter what we put in there.

Patti-Ann Page I understand what you're saying, Tony, the remedy is the same, the inspection service is the same. However, it also… It tightens the language up a little, rather than vague perpetuity, and it gives a building inspector something to rely upon. That… it just strengthens the language. And I understand what, Mr. Church said, that, of course, there was one communication, the residents aren't here tonight, and basically, I think they've done a good job with satisfying the neighbors. However, at the City Council. at the City Council, at these junctures, when these permits are being… basically, the language is being crafted, it is my job and our job to make sure that the residents are protected.

Patti-Ann Page They sometimes don't understand these processes, and just because, quote, they didn't show up tonight, doesn't mean that we shouldn't give them full protection. This isn't… in my opinion, overly expensive. It's about getting A company that comes in that looks at drainage systems and typically either pumps them Lack of a better.

Speaker 1 (Kyrouz Auditorium): This doesn't have that type of a… this is a very passive system. It's a very passive system, there is no pump out, there's just.

Patti-Ann Page Okay.

Speaker 1 (Kyrouz Auditorium): in a ditch.

Patti-Ann Page Just gravel. And then you mentioned.

Speaker 6 (Kyrouz Auditorium): One final comment on this proposed condition?

Patti-Ann Page Well, can I just finish that thought, Aiden, if you don't mind? Driving over it. I missed that detail. So the compaction of… we've got a narrow road, it's going to be driven over. that brings more of a concern to me, and I can't imagine, again, that this is a make-or-break kind of, clause I'm trying to add in there, just to protect everyone. So, I'll leave it at that, and please, Aiden, I'd like your thought.

Speaker 6 (Kyrouz Auditorium): I would just say that the intention is not for this trench to be driven over. That's more of a fail-safe for, you know, given the width of the… Speaker 6 (Kyrouz Auditorium): day court in places if need be it can be utilized for vehicular you know Speaker 6 (Kyrouz Auditorium): Travel. But it's not the intention. Speaker 6 (Kyrouz Auditorium): My final comment is, you know, I would understand the… the annual inspection if we were, in fact, creating this condition. However, again, this is… these are existing conditions that we are mitigating and improving. Speaker 6 (Kyrouz Auditorium): The stormwater currently runs off. Speaker 6 (Kyrouz Auditorium): towards these adjacent properties, we're attempting to capture that stormwater that presently exists. We didn't create Day Court, we're not creating the paved layout of Day Court.

are. Speaker 6 (Kyrouz Auditorium): Marginally expanding it, however, that should not. Speaker 6 (Kyrouz Auditorium): Caused such a, an extreme increase in runoff. Speaker 6 (Kyrouz Auditorium): As to, you know, overwhelm these adjacent properties. the. Speaker 6 (Kyrouz Auditorium): The engineer has… Has determined that this system is adequate. Speaker 6 (Kyrouz Auditorium): For its intended purpose, but again, that intended purpose is Speaker 6 (Kyrouz Auditorium): To mitigate the existing condition and improve the existing condition. Condition that we are creating.

Patti-Ann Page Could I ask a question, Aiden? And I know you're not the.

Speaker 1 (Kyrouz Auditorium): Am I, can I just, I'd just like to say something.

Patti-Ann Page Of course, Tony.

Speaker 1 (Kyrouz Auditorium): This is, this is, like I said, it's a passive system. It's really nothing to inspect. Speaker 1 (Kyrouz Auditorium): If there's not… standing water on top of it. You don't know if it's not functioning. Speaker 1 (Kyrouz Auditorium): Other than digging… re-digging it up, there's no… real… Speaker 1 (Kyrouz Auditorium): Way to, to have an inspection on it. Speaker 1 (Kyrouz Auditorium): It'd be very difficult to inspect the system, because it is just a ditch with gravel in it. Speaker 1 (Kyrouz Auditorium): So I'm not quite certain, while I agree, you know, in theory, with… Speaker 1 (Kyrouz Auditorium): With an idea, but it's not like there is a, You know, in other…

Speaker 1 (Kyrouz Auditorium): Developments that we've looked at, where you have your stormwater pits that, you know, have actual you know. Speaker 1 (Kyrouz Auditorium): Non-mechanical, but they do have mechanisms in there that will continue to… that need to be inspected, and need to be pumped out to make sure that it collects the solids that don't go into the sewer. Speaker 1 (Kyrouz Auditorium): So, this is… this is… Really, just a ditch with gravel in it, so there's not… Speaker 1 (Kyrouz Auditorium): A whole lot to inspect.

Patti-Ann Page Okay, Tony, I appreciate that. And you know what?

Speaker 1 (Kyrouz Auditorium): timeframe on it to make sure that there was no standing water, that may be, but I don't know of anybody who can… any inspectional services, you know, private inspectional services that could be able to service this.

Patti-Ann Page Okay, Tony. I do remember the visual that he showed, gravel ditch, and I will withdraw my amendment, my proposed amendment. I appreciate that clarification. I now… you're correct. It's not like there's, piping underground with gravel over it, and there's… that piping would get compromised and cause a further problem. So, I appreciate that. I'm sorry if I belabored this unnecessarily. But I did want to make sure everybody was, Protect it as best we could. Thank you.

Speaker 1 (Kyrouz Auditorium): Thank you, and I think that that will lead to some strength in language. Speaker 3 (Kyrouz Auditorium): Okay. Grow. I'm perfectly willing to add the language that I suggested we add that finalized the, the, Condition.

Patti-Ann Page I'll second that if that's a motion.

Speaker 1 (Kyrouz Auditorium): Let him read his motion and then you can second it, Patty. Thank you. Speaker 3 (Kyrouz Auditorium): Amend the Condition 7. Speaker 3 (Kyrouz Auditorium): To read, the applicant shall consult the butters regarding the final drainage plan to ensure proper drainage is maintained in the future, and further, the applicant and its successors and assigns shall have a perpetual obligation to maintain the system.

Patti-Ann Page Second. So.

applicant? Speaker 1 (Kyrouz Auditorium): All right, you want to read it back to him?

Patti-Ann Page Or should it say HOA?

Speaker 3 (Kyrouz Auditorium): Pass signs. Speaker 3 (Kyrouz Auditorium): Confer to the applicant. Speaker 3 (Kyrouz Auditorium): Professors shall have a perpetual obligation. Speaker 1 (Kyrouz Auditorium): Joey is ass signs. Yeah. Speaker 3 (Kyrouz Auditorium): to maintain the drainage system.

Patti-Ann Page I appreciate that.

Speaker 1 (Kyrouz Auditorium): All right. Before we vote on that, does the second agree with the withdrawal of the original amendment? Speaker 8 (Kyrouz Auditorium): Yeah, I have no problem. I was just letting you second on the new event. Speaker 1 (Kyrouz Auditorium): So we need a second on the, oh, Patty, Patty seconded. Patty seconded. Oh, she did, okay. Yes. Speaker 1 (Kyrouz Auditorium): Okay. Any more discussion on the amendment? Oh, okay, let's read it. Speaker 3 (Kyrouz Auditorium): Or the drainage system, yeah.

Speaker 3 (Kyrouz Auditorium): Thank you, Patty.

Patti-Ann Page And thank you for helping me through that.

Speaker 1 (Kyrouz Auditorium): Seconded by Councilor Page. Speaker 1 (Kyrouz Auditorium): Yep. Speaker 1 (Kyrouz Auditorium): Okay, any more discussion? Speaker 1 (Kyrouz Auditorium): on the amendment. Speaker 4 (Kyrouz Auditorium): Okay, call the roll. Councilor Memhard. Aye. Councilor Page.

Patti-Ann Page I.

Speaker 4 (Kyrouz Auditorium): Councillor Benson. Aye. Councillor Grace. Aye. Councillor Gross. Aye. Councillor Grow. Aye. Councillor Kimberly. Aye. Councillor Majoja. Yes. The amendment passes. Speaker 4 (Kyrouz Auditorium): 8 in favor, 0 opposed, 1 absent. Speaker 1 (Kyrouz Auditorium): Okay, now back to the original motion. Discussion?

Patti-Ann Page Yes. Oh, go ahead.

Speaker 1 (Kyrouz Auditorium): Oh, Ed, your hand's up.

Patti-Ann Page Marjorie, that's fine, go ahead.

Speaker 7 (Kyrouz Auditorium): I just wanted to say that I think this is a very thoughtful development. And, you know, given what the land was like there for many, many, many years, this is a huge improvement. There's nothing that's going to be built there that's even going to be visible from the road. Speaker 7 (Kyrouz Auditorium): And as far as any, concerns about the width of the road as it enters Essex Ave, as has been pointed out, it's no different than most of the other roads in the whole of the downtown Gloucester, so… Speaker 7 (Kyrouz Auditorium): I don't think that that's a problem, and I would hope that the people that live there would develop, you know, kind of a rapport that they, if they see someone coming, they kind of pull over and let them go.

Speaker 7 (Kyrouz Auditorium): You know, and… Speaker 7 (Kyrouz Auditorium): you know, I just think it's gonna be a great improvement, and again, it's adding to our housing stock and to our affordable trust, and I think, all the way around, it's a great use of this property. Speaker 1 (Kyrouz Auditorium): Councillor Page.

Patti-Ann Page Thank you, and I do, agree with your comment there, Marjorie. I… again, I… Said it was a well-thought-out, plan, and good use of the property. The 150 feet, 12 foot wide is. A very generous condition to, grant this. I'm not gonna say I'm against it, I'm not the expert there. However, I would hope that this, may set a precedent. For future, going forward for future developments, that they're not. turned down and turned away because of lack of access. Because if we're going to accept this

Patti-Ann Page You know, very minimal, condition. then we need to look at that going forward. I will say I'm a bit disappointed that, and maybe it wasn't within Mr. Church's purview, to kind of step up where they have to run a potable water line to actually add 300 feet or so of a 6-inch line for a hydrant. He didn't really acquiesce to that, but hopefully our fire department will take, you know, a maximum look at this and not a minimal look. But in that vein, I will be supporting this project, and thank you for allowing me this comment.

Speaker 1 (Kyrouz Auditorium): Thank you. Speaker 1 (Kyrouz Auditorium): More discussion? Speaker 1 (Kyrouz Auditorium): Seeing none, you want to call the roll, Madam Clerk? Speaker 1 (Kyrouz Auditorium): Councilor Memhi. Speaker 3 (Kyrouz Auditorium): Aye. Councilor Page.

Patti-Ann Page I.

Speaker 4 (Kyrouz Auditorium): Councilor Benson. Aye. Councilor Grace. Aye. Councilor Gross. Aye. Councilor Grow. Aye. Councilor Kimberley. Aye. Councilor Mijota. Aye. The vote is eight in favor, zero opposed, one absent. The motion passes.

Patti-Ann Page Apologies for making that a murder case.

Speaker 1 (Kyrouz Auditorium): Good night. No, it was a good addition. Good to have discussion. Speaker 1 (Kyrouz Auditorium): Yep. Next order of business, Madam Clerk. Speaker 4 (Kyrouz Auditorium): For council vote, the warrant for the November 3rd, 2026 state election. Speaker 4 (Kyrouz Auditorium): I'd like to make a motion to move to adopt the warrant for the November 3rd, 2026 state election.

Patti-Ann Page Second.

Speaker 1 (Kyrouz Auditorium): Motion made by Councillor Kimberley, seconded by Councillor Page. Discussion? Speaker 1 (Kyrouz Auditorium): Seeing none… Call the roll, Madam Clerk. Speaker 3 (Kyrouz Auditorium): Councilor Memhard. Aye, I vote for that. Speaker 4 (Kyrouz Auditorium): Councillor Page.

Patti-Ann Page I…

Speaker 4 (Kyrouz Auditorium): Councilor Benson. Aye. Councilor Grace. Aye. Councilor Gross. Aye. Councilor Grow. Aye. Councilor Kimberly. Aye. Councilor Mijota. Yes. Speaker 4 (Kyrouz Auditorium): The vote is 8 in favor, 0 opposed, 1 absent. The motion passes. Also, a memo, this is a budgetary item. Make the motion. Speaker 5 (Kyrouz Auditorium): Yeah. Speaker 1 (Kyrouz Auditorium): I guess you want me to read the item first? Speaker 1 (Kyrouz Auditorium): Or would you like to handle it all? Read the item and then… Speaker 5 (Kyrouz Auditorium): So we have a city council vote to amend a motion previously voted on June 16th, 2026, which are a certificate of vote. Speaker 5 (Kyrouz Auditorium): 2026-149 to amend the funding source from Capital Stabilization Fund.

Speaker 5 (Kyrouz Auditorium): to General Stabilization Fund, and the motion is to amend the vote taken on June 16th, 2026, pertaining to the fiscal year 2026 General Stabilization Fund appropriation for the fiscal year 2027 budget, trash contract as follows. Speaker 5 (Kyrouz Auditorium): Delete Capital Project Stabilization Fund and add. Speaker 5 (Kyrouz Auditorium): General Stabilization Fund, and I so move.

Patti-Ann Page Okay.

Speaker 1 (Kyrouz Auditorium): Motion made by Councillor Memard, seconded by Councillor Page. Discussion? Speaker 3 (Kyrouz Auditorium): Yeah, since we have Kenny. Speaker 3 (Kyrouz Auditorium): Can we just have a quick explanation, so that. you. Speaker 3 (Kyrouz Auditorium): Someone says, why'd you do that? I can say, this is why. Speaker 3 (Kyrouz Auditorium): these others. Good evening, counselors. Speaker 3 (Kyrouz Auditorium): Evening. So as far as explanation, as Councillor Memhard said, this was originally part of the fiscal year 27 budget. I think originally, it was thought that the city would own or would purchase the trash bins, so that would be considered as a capital purchase. However, as we went through the

contract negotiations, and when the contract was signed, it appears the Consello contract does not actually include, a capital purchase for the bins. So the, contract is purely… it's an operating, it's for trash. You know, remove trash clean, removal, so. With that being said, since it's an operating expense, the capital stabilization plan, stabilization fund does not apply, so we do need to change that from capital to General stabilization, and that's the reason for the amended motion. Speaker 3 (Kyrouz Auditorium): Appreciate that. Thank you. Speaker 1 (Kyrouz Auditorium): Any more discussion?

Patti-Ann Page I do have a question, Tony, if I might.

Speaker 1 (Kyrouz Auditorium): ahead.

Patti-Ann Page If I remember correctly, there was a million dollars set aside for what I thought was, quote, to buy the bins. My wish list, are we going to save that million? Or how is that… Are we just at the same $4.79 million for a contract, and now we've realized we don't own the bins? Can Kenny clarify that for me?

So, we're still utilizing the million dollars. Okay. It's just the million dollars is now being used as part of the, contract. Okay. So we're not actually purchasing… it's not a capital purchase, and we're not purchasing the trash bins. So this is strictly… this is a operating, expense. Since it's an operating expense, we need to match the funding source, which would be the general stabilization fund. So the million dollars, it's not… it's not, it's not going back, it's not going to be used for something else. It's… it's going to be used for… oh, we still need the million dollars to balance the budget, and now it's being used for the, just the general, fiscal year 27 budget. So general stabilization would be the more, the more appropriate account.

For the transfer. Versus capital stabilization.

Patti-Ann Page Correct, I agree with that, because we're not purchasing the bins. So maybe there was some… misunderstanding, even on my part, that this million dollars was going to purchase the bins, and somewhere along the line, we realized the price of the contract's not changing, but the ownership of the bins is with Casella.

Correct.

Patti-Ann Page Thank you.

Speaker 8 (Kyrouz Auditorium): Just to clarify. Speaker 8 (Kyrouz Auditorium): There's… there was a lot of questions, just to clarify. Speaker 8 (Kyrouz Auditorium): the contractor will own these bins. We will not be owning these bins, correct? Correct. Speaker 1 (Kyrouz Auditorium): Contract price go up by a million dollars because of this? Any? Speaker 1 (Kyrouz Auditorium): You know? I'm sorry, repeat that again. Speaker 1 (Kyrouz Auditorium): price go up by a million dollars. That I don't know.

Patti-Ann Page Excuse me? Can we get that? somehow researched… if we're at 4.7, I'd like to know if we're at 5.7 now. What you're saying is, you don't know if this…

see.

Patti-Ann Page floating million… Is… You know, we're not capped at 4.7, there's a floating million that might increase the price of the contract to 5.7 million.

No, I'm not saying that. All I'm saying is that, the… Sorry.

Patti-Ann Page No, sorry, go ahead.

I was gonna say the amount that was budgeted as part of. Speaker 1 (Kyrouz Auditorium): Get that information. Speaker 3 (Kyrouz Auditorium): Just a different bucket. Speaker 1 (Kyrouz Auditorium): Yeah, we can get that information.

Patti-Ann Page Okay, I… I would request that we… Can he research that and get that to us at the next BNF meeting, or as soon as reasonably possible?

Speaker 1 (Kyrouz Auditorium): Find out before that.

Patti-Ann Page Thank you, thank you.

Speaker 1 (Kyrouz Auditorium): All right, any more discussion on this? Speaker 3 (Kyrouz Auditorium): Call the roll. Councillor. Speaker 4 (Kyrouz Auditorium): Brehmhardt. Aye. Councillor Page.

Patti-Ann Page I.

Speaker 4 (Kyrouz Auditorium): Councillor Benson. Aye. Councillor Grace. Speaker 4 (Kyrouz Auditorium): Aye. Councillor Gross. Aye. Councillor Grow Aye. Councillor Kimberley. Aye. Councillor Mijota. Speaker 4 (Kyrouz Auditorium): Aye. Speaker 4 (Kyrouz Auditorium): The vote is 8 in favor, 0 opposed, 1 absent. The motion passes. Speaker 1 (Kyrouz Auditorium): Thank you. Speaker 1 (Kyrouz Auditorium): Next order of business, Madam Clerk. Speaker 4 (Kyrouz Auditorium): Counselor's request to the mayor. a. Speaker 5 (Kyrouz Auditorium): Council Nembhard. I would just like to thank Speaker 5 (Kyrouz Auditorium): Tom Balfe and the members of our Gloucester Economic Development Investment Corporation, EDIC.

Speaker 5 (Kyrouz Auditorium): Who hosted a very constructive meeting this morning at Applied Materials in Blackburn Industrial Park. Speaker 5 (Kyrouz Auditorium): Councillor Gross was present, I was present, the mayor was present. Speaker 5 (Kyrouz Auditorium): Emily Sloan was there, and then a number of. Oh. Speaker 5 (Kyrouz Auditorium): a number of the very many big employers that occupy and populate the industrial parks. Speaker 5 (Kyrouz Auditorium): And the focus on these, of this meeting this morning was understanding Speaker 5 (Kyrouz Auditorium): The job recruitment and training and employment needs of many of these Gloucester businesses moving into the future and their expansion plans. And likewise, not just jobs, but also the

Speaker 5 (Kyrouz Auditorium): Adequacy… Speaker 5 (Kyrouz Auditorium): and reliability of our electric capacity from National Grid. National Grid was very well represented and provided some very helpful, large-scale overview on the supply and conduits and contracts of expanding our electrical services on Cape Ann. Speaker 5 (Kyrouz Auditorium): It was a very valuable meeting. Speaker 5 (Kyrouz Auditorium): Thank you. Speaker 1 (Kyrouz Auditorium): Councilor Page.

Patti-Ann Page No requests. Thank you, Scott, for that, update and summary. Very important, thank you.

Speaker 1 (Kyrouz Auditorium): Councillor Benson. Speaker 8 (Kyrouz Auditorium): No, I have no requests right now. Speaker 1 (Kyrouz Auditorium): Councillor Grace. Speaker 7 (Kyrouz Auditorium): No request, but I just encourage you all to attend the Soapbox Derby this Sunday if you are able to. It is such a fun event, and the kids have put… they put so much effort into these, soapboxes, cars that they make, and watching them come down that hill, the looks on their faces is absolutely priceless, so if you can go and support these kids, please do. Speaker 7 (Kyrouz Auditorium): That's a girl. Speaker 7 (Kyrouz Auditorium): I got nothing, I'm happy. Speaker 1 (Kyrouz Auditorium): So Kimberly. Speaker 1 (Kyrouz Auditorium): I have no request at this time.

Speaker 1 (Kyrouz Auditorium): No requests. This Saturday is the City of Gloucester's Halloween event at Stage 4 Park. Oh, boy. Speaker 1 (Kyrouz Auditorium): Pretty good. So much happening. Okay. Speaker 1 (Kyrouz Auditorium): So moved. Second. Motion made by Councilor Grow and seconded by Councilor Mijoto. Please call the roll, Madam Clerk. Councilor Memhardt. Speaker 4 (Kyrouz Auditorium): Councillor Page.

Patti-Ann Page Aye.

Speaker 4 (Kyrouz Auditorium): Councillor Benson. Aye. Councillor Grace. Cheers. Speaker 4 (Kyrouz Auditorium): Yes. Speaker 4 (Kyrouz Auditorium): Councillor Gross. Aye. Councillor Grow. Aye. Councillor Kimberly. Aye. Councillor Majota. Yes. Speaker 4 (Kyrouz Auditorium): The vote is 8 in favor, 0 opposed, 1 absent. We are adjourned at 8.04.