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City Council

Regular Meeting

Waltham, MA · March 10, 2025

AgendaMinutes

Minutes

Waltham City Council Minutes of the Meeting of March 10, 2025 President McLaughlin called the meeting to order at 7:30 p.m. Present: Bradley-MacArthur, Brasco, Dunn, Durkee, Hanley, Harris, Katz, LaCava, LaFauci, LeBlanc, Logan, McMenimen, Stanley, Vidal and President McLaughlin. Absent: None. Christian Maitre of the Waltham Times was recognized as recording the meeting. City Clerk Vizard recited the Council Prayer followed by President McLaughlin leading all present in the Pledge of Allegiance. Councillor Durkee asked for a moment of silence for all the military that have served past and present. Councillor LaFauci asked for a moment of silence for Ryan Shread. President McLaughlin offered congratulations to Councillor Durkee on his promotion to Chief Warrant Officer 4 in the Massachusetts Army National Guard on February 27, 2025 at the Joint Forces Headquarters on Hanson Air Force Base. Councillor LaCava moved approval of the regular meeting minutes of 2/24/25. The motion was adopted by a voice vote and the matter was approved. Clerk Vizard read Rule 86. First Public Hearing: Special Permit application for BP Third Avenue LLC at 180 Third Avenue Clerk Vizard read the public hearing notice. With no one else in favor, no one in opposition and no one in a neutral position of the petition President McLaughlin closed that part of the public hearing and opened the hearing up to questions from Councillors. Councillor Harris made a motion that was approved by a voice vote to have the public hearing be continued to a date and time certain of March 24, 2025 at 7:30 p.m. Second Public Hearing: Special Permit application for McDonalds Real Estate Company at 789 Main Street Clerk Vizard read the public hearing notice. Attorney Joseph Connors representing the petitioner spoke in favor of the petition. With no one else in favor, no one in opposition and no one in a neutral position of the petition President McLaughlin closed that part of the public hearing and opened the hearing up to questions from Councillors. Councillor Harris spoke on the matter. Councillor Harris made a motion to close the public hearing. The motion was approved by a voice vote. Councillor Harris moved to suspend Rule 8 to take the matter out of order. The motion was approved by a voice vote. Councillor Harris moved for approval of the matter. Roll call required. In favor: Councillors Bradley-MacArthur, Brasco, Dunn, Durkee, Hanley, Harris, Katz, LaCava, LaFauci, LeBlanc, Logan, McMenimen, Stanley and Vidal. Opposed: None. Absent: None. Presiding: McLaughlin. The special permit application for McDonalds Real Estate Company at 789 Main Street was approved 14-0-0-1. 1 Communications from the Mayor 1. The Mayor respectfully requested approval of the Year 51 Community Development Block Grant Program. Referred to the Economic and Community Development Committee. 2. The Mayor respectfully requested that the City Council transfer the care, custody and control of the Field Station Building at 240 Beaver Street to the Recreation Department. Referred to the Committee of the Whole. 3. The Mayor respectfully requested an appropriation in the amount of $34,167 to purchase a vehicle for the Building Inspection Department. The Current Vehicle is a 2007 and requires constant maintenance and repair. Referred to the Finance Committee. 4. The Mayor respectfully requested an appropriation in the amount of $34,167 to purchase a vehicle for the Building Inspection Department. The Current Vehicle is a 2012 and requires constant maintenance and repair. Referred to the Finance Committee. 5. The Mayor respectfully requested acceptance of the Green Communities Competitive Grant in the amount of $152,275. Referred to the Finance Committee. 6. The Mayor respectfully requested an appropriation in the amount of $61,301 from the Unreserved Fund Balance to purchase a new passenger vehicle for the Recreation Department. Referred to the Finance Committee. 7. The Mayor respectfully submitted information from the MWRA regarding its Tunnel Project off Waverley Oaks Road. Referred to the Committee of the Whole. Applications and Licenses All Applications and Licenses referred to the Licenses and Franchises Committee. 1. Second Hand Dealers Renewal – 1250 Main Street – Clean Out Your House, Inc. 2. Second Hand Dealers Renewal – 108 C River Street – Mint Condition Sports, LLC. 3. Massport License– Ali Ihsan Yildiz – ALVE, LLC - 5514 Stearns Hill Road Clerk Vizard spoke about Table and Chairs permit applications and the process for the 2025 season. Resolutions, Orders and Ordinances • Web-Based Reporting System Resolution Clerk Vizard read the Resolution. Councillors Logan spoke on the matter. The matter was referred to the Economic and Community Development Committee. • An Ordinance Amending Chapter 1 of the General Ordinances of the City of Waltham Entitled “General Provisions” – Enforcement of Noise Pollution Ordinance Amendment. Councillors Logan, LaFauci and LeBlanc spoke on the matter. The matter was referred to the Ordinances and Rules Committee. • Chapter 10 of the General Ordinances of the City of Waltham Entitled “Offenses – Miscellaneous” Noise Pollution Ordinance Amendment, 2 Councillor Logan spoke on the matter. This ordinance amendment is in conjunction with the “Chapter 10” Resolution The matter was referred to the Ordinances and Rules Committee. Committee Reports Committee of the Whole 1. The Committee of the Whole recommended the confirmation of the appointment of John Everett White as a member of the Waltham Biosafety Committee to fill a vacancy for a three-year term expiring 12/31/2028 be approved. Councillor LaCava moved that the action of the Committee be the action of the Council. Roll call required. In favor: Councillors Bradley-MacArthur, Brasco, Dunn, Durkee, Hanley, Harris, Katz, LaCava, LaFauci, LeBlanc, Logan, McMenimen, Stanley and Vidal. Opposed: None. Absent: None. Presiding: McLaughlin. The matter was approved 14-0-0-1. Ordinances and Rules 1. The Ordinances and Rules Committee recommended that the Special Permit application for McDonalds Real Estate Company at 789 Main Street be approved. This matter was handled earlier in the meeting. 2. The Ordinances and Rules Committee recommended that the zoning amendment for marijuana retail hours and to allow ownership to be transferrable be scheduled for a Joint Public Hearing with the Board of Survey and Planning. Councillor Harris moved that the action of the Committee be the action of the Council. The motion was approved by a voice vote and the matter was approved. Councillor Harris moved to table the matter on the Council floor. The motion was approved by a voice vote and the matter was tabled. 3. The Ordinances and Rules Committee recommended amending Chapter 7 of the General Ordinances of the City of Waltham, entitled “Garbage, Trash and Refuse” be approved for a first reading. Councillor Harris moved that the action of the Committee be the action of the Council. The motion was approved by a voice vote and the matter was approved for a first reading. Councillor Harris made a motion to table the matter. The motion was approved by a voice vote and the Chapter 7 of the General Ordinances of the City of Waltham, entitled “Garbage, Trash and Refuse” amendment was tabled. 4. The Ordinances and Rules Committee recommended that the Chapter 1 of the General Ordinances of the City of Waltham, entitled “GENERAL PROVISIONS,” Section 1-13 entitled “Enforcement of municipal ordinances, by-laws and regulations,” as most recently amended, is hereby amended by adding the following after the provisions for Sec. 7-18 be approved for a first reading. Councillor Harris moved that the action of the Committee be the action of the Council. The motion was approved by a voice vote and the matter was approved for a first reading. Councillor Harris made a motion to table the matter. The motion was approved by a voice vote and the Chapter 1 of the General Ordinances of the City of Waltham, entitled “GENERAL PROVISIONS,” Section 1-13 entitled “Enforcement of municipal ordinances, by-laws and regulations,” amendment was tabled. 3 Economic and Committee Development 1. The Economic and Community Development Committee recommended approval of a request be sent to the Traffic Commission to come up with the best solution for removing the granite curbing and stopping the train horns at the Elm and Moody Street crossings. This was matter mistakenly placed on the docket and currently remains in Committee. 2. The Economic and Community Development Committee recommended the approval of the updated Bike Rack Plan and to have it sent to the Mayor and Director Chiasson for a funding request. Councillor Brasco moved that the action of the Committee be the action of the Council. The motion was approved by a voice vote and the matter was approved Finance 1. The Finance Committee recommended the acceptance of a Waltham Public Schools Manual from 1999-2000 from Sue Kavaleski for the City Hall Museum be approved. Councillor LaFauci moved that the action of the Committee be the action of the Council. The motion was approved by a voice vote and the matter was approved. 2. The Finance Committee recommended the acceptance of a donation in the amount of $1,500 from the Waltham Lions Charitable Foundation for the Council on Aging be approved. Councillor LaFauci moved that the action of the Committee be the action of the Council. The motion was approved by a voice vote and the matter was approved. 3. The Finance Committee recommended the acceptance of a shovel from the Leland House Groundbreaking from Jeannette A. McCarthy for the City Hall Museum Room be approved. Councillor LaFauci moved that the action of the Committee be the action of the Council. The motion was approved by a voice vote and the matter was approved. 4. The Finance Committee recommended the approval of a transfer in the amount of $1,458,378 for the projected deficit in the snow overtime and snow general expenses accounts be approved. Councillor LaFauci moved that the action of the Committee be the action of the Council. The motion was approved by a voice vote and the matter was approved. 5. The Finance Committee recommended the approval of an appropriation in the amount of $257,825 from Unreserved Fund Balance, for design services for improvements to 200 Trapelo Road. – Phase 2 be approved. Councillor McMenimen recused herself. Councillor LaFauci moved that the action of the Committee be the action of the Council. The motion was approved by a voice vote and the matter was approved. Tabled Items • WCAC reimbursement for PEG Salary/Expenses/Equipment for a total of $134,273.68. Referred to the Cable Access Committee. Councillor Katz made a motion that was approved by a voice vote to take the Resolution to Improve Traffic & Safety Technology in Waltham off the table. Councillor Katz moved to file the matter without prejudice. The motion was approved by voice vote and the Resolution to Improve Traffic & Safety Technology in Waltham was filed without prejudice. 4 Tabled Items • 995 Main Street • Dumpster Ordinance • Outside Dining Ordinance Amendment (2nd reading 2/24/25) Councillor LaCava recused himself. Councillor Harris made a motion that was approved by a voice vote to take the matter off the table. Councillor Harris made a motion for a third and final reading of the matter. Roll call required. In favor: Councillors Bradley-MacArthur, Brasco, Dunn, Durkee, Hanley, Harris, Katz, LaFauci, LeBlanc, Logan, McMenimen, Stanley and Vidal. Opposed: None. Absent: None. Recused: LaCava. Presiding: McLaughlin. The Outside Dining Ordinance Amendment was approved 13-0-0-1-1. • Executive Meeting minutes of February 10, 2025 Councillor LaCava made a motion that was approved by a voice vote to take the matter off the table. Councillor LaCava made a motion for approval. Roll call requested. In favor: Councillors Bradley-MacArthur, Brasco, Dunn, Durkee, Hanley, Harris, Katz, LaCava, LaFauci, LeBlanc, Logan, McMenimen, Stanley and Vidal. Opposed: None. Absent: None. Presiding: McLaughlin. The matter was approved 14-0-0-1. Councillor LaCava made a motion that was approved by a voice vote to send the minutes to the Law Department for review. With no further matters Councillor Brasco made a motion to adjourn. The motion was approved by a voice vote. President McLaughlin declared the meeting adjourned at 8:06 p.m. Respectfully submitted by: Cathy Magliarditi Executive Assistant to the City Clerk March 17, 2025 5

Agenda

City Council Docket March 10, 2025 The Waltham City Council will meet in the Council Chamber at City Hall, 610 Main Street, Waltham, MA on Monday, March 10, 2025 at 7:30 p.m. The following matters and others may be considered. Approval of Minutes Regular Meeting of February 27, 2025 Public Hearing Special Permit (Recessed 2/24/25) BP Third Avenue LLC c/o Boston Properties, 800 Boylston Street, Suite #1900, Boston, MA 02199-8103, the Petitioner and Owner of 180 Third Avenue, hereby petitions the City Council to modify a previously granted special permit that permitted the construction of the existing building with an increased Floor Area Ration (FAR) of 1.18 pursuant to § 3.511 and § 3.521 of the Zoning Ordinance of the City of Waltham. The proposed modification will permit the Petitioner to install one pad and delineate a “reserve area” for a general location area for pads that would support subsequently installed, exterior, “on grade” generators and to install bollards or fencing, if needed, as shown on the Project Plans. Neither the existing footprint nor height of the building will change as a result of the project. The subject premises are the parcels of land known and numbered as 180 Third Avenue, shown in the “Atlas City of Waltham, Massachusetts” as follows: • Map 039, Block 003, Lot 0002 180 Third Avenue The above property is located entirely in a Commercial Zoning District. Public Hearing Special Permit (Recessed 2/24/25) McDonald’s Real Estate Company, 110 N. Carpenter Street, Chicago, IL 60607, as Petitioner, hereby petitions the City Council for a Special Permit pursuant to §3.5 and Article III, § 3.620 and 3.635 of the Zoning Ordinance, to operate a fast-food establishment as defined by § 3.229 of the Zoning Ordinance and further to provide drive-in customer services as defined at § 3.225. The Petitioner is also requesting an amendment to the existing special permit granted in Order No. 27124 to reflect the proposed site plan changes herein and further to amend condition S which limited the hours of operation to 6:00 AM to 11:00 PM. The Petitioner is seeking to amend the existing special permit to allow for extended hours of operation and/or 24 hour services. The locus is known and numbered as 789 Main Street and is shown in the “Atlas, City of Waltham, Massachusetts 1988”, as Map 59 Block 8 Lots 8, 9, 10 and 12. The property is situated in a Business B and Residence C Zoning District. The Legal Owner of the locus is McDonald’s Real Estate Company, 110 N. Carpenter Street, Chicago, IL 60607. Communications from the Mayor 1. The Mayor respectfully requests approval of the Year 51 Community Development Block Grant Program. 2. The Mayor respectfully requests that the City Council transfer the care, custody and control of the Field Station Building at 240 Beaver Street to the Recreation Department. 1 City Council Docket March 10, 2025 3. The Mayor respectfully requests an appropriation in the amount of $34,167 to purchase a vehicle for the Building Inspection Department. The Current Vehicle is a 2007 and requires constant maintenance and repair. 4. The Mayor respectfully requests an appropriation in the amount of $34,167 to purchase a vehicle for the Building Inspection Department. The Current Vehicle is a 2012 and requires constant maintenance and repair. 5. The Mayor respectfully requests acceptance of the Green Communities Competitive Grant in the amount of $152,275. 6. The Mayor respectfully requests an appropriation in the amount of $61,301 from the Unreserved Fund Balance to purchase a new passenger vehicle for the Recreation Department. 7. The Mayor respectfully submits information from the MWRA regarding its Tunnel Project off Waverley Oaks Road. Applications and Licenses 1. Second Hand Dealers Renewal – 1250 Main Street – Clean Out Your House, Inc. 2. Second Hand Dealers Renewal – 108 C River Street – Mint Condition Sports, LLC. 3. Massport License– Ali Ihsan Yildiz – ALVE, LLC - 5514 Stearns Hill Road Resolutions, Orders and Ordinances • Web-Based Reporting System Resolution Committee Reports Committee of the Whole 1. The Committee of the Whole recommends the confirmation of the appointment of John Everett White as a member of the Waltham Biosafety Committee to fill a vacancy for a three- year term expiring 12/31/2028 be approved. Ordinances and Rules 1. The Ordinances and Rules Committee recommends that the Special Permit application for McDonalds Real Estate Company at 789 Main Street be approved. 2. The Ordinances and Rules Committee recommends that the zoning amendment for marijuana retail hours and to allow ownership to be transferrable be scheduled for a Joint Public Hearing with the Board of Survey and Planning. 3. The Ordinances and Rules Committee recommends amending Chapter 7 of the General Ordinances of the City of Waltham, entitled “Garbage, Trash and Refuse” be approved for a first reading. 4. The Ordinances and Rules Committee recommends that the Chapter 1 of the General Ordinances of the City of Waltham, entitled “GENERAL PROVISIONS,” Section 1-13 2 City Council Docket March 10, 2025 entitled “Enforcement of municipal ordinances, by-laws and regulations,” as most recently amended, is hereby amended by adding the following after the provisions for Sec. 7-18 be approved for a first reading. Economic and Community Development 1. The Economic and Community Development Committee recommends approval of a request be sent to the Traffic Commission to come up with the best solution for removing the granite curbing and stopping the train horns at the Elm and Moody Street crossings. 2. The Economic and Community Development Committee recommends the approval of the updated Bike Rack Plan and to have it sent to the Mayor and Director Chiasson for a funding request. Finance 1. The Finance Committee recommends the acceptance of a Waltham Public Schools Manual from 1999-2000 from Sue Kavaleski for the City Hall Museum be approved. 2. The Finance Committee recommends the acceptance of a donation in the amount of $1,500 from the Waltham Lions Charitable Foundation for the Council on Aging be approved. 3. The Finance Committee recommends the acceptance of a shovel from the Leland House Groundbreaking from Jeannette A. McCarthy for the City Hall Museum Room be approved. 4. The Finance Committee recommends the approval of a transfer in the amount of $1,458,378 for the projected deficit in the snow overtime and snow general expenses accounts be approved. 5. The Finance Committee recommends the approval of an appropriation in the amount of $257,825 from Unreserved Fund Balance, for design services for improvements to 200 Trapelo Road. – Phase 2 be approved. Unfinished Business & Other Business • WCAC reimbursement for PEG Salary/Expenses/Equipment for a total of $134,273.68 Tabled Items • 995 Main Street • Dumpster Ordinance • Outside Dining Ordinance Amendment (2nd reading 2/24/25) • Executive Meeting minutes of February 10, 2025 Rule 58 Recessed Public Hearings • SP Application 1432 Main Street to be continued date certain of 3/24/25 at 7:30 p.m. (2/24/25) • SP Application at 1265 Main Street to be continued date certain of 4/28/25 at 7:30 p.m. (2/24/25) • SP Application 460 Totten Pond Road to be continued date certain of 3/24/25 at 7:30 p.m. (2/24/25) 3

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