City Council

Waltham City Council Minutes of the Meeting of March 24, 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 LaCava moved approval of the regular meeting minutes of 3/10/25. 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. Attorney Philip McCourt, 272 Bacon Street representing the petitioner spoke on the matter. 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 Suspend Rule 39 to act on the matter without committee reference. 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 BP Third Avenue LLC at 180 Third Avenue was approved 14-0-0-1. Second Public Hearing: Special Permit application for Ferris Development Group LLC at 1432 Main Street Clerk Vizard read the public hearing notice. Attorney Michael Connors, 689 Main Street 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 that was approved by a voice vote to have the public hearing be continued to a date and time certain of April 28, 2025 at 7:30 p.m. Third Public Hearing: Special Permit application for ALP PHOP Manager LLC at 460 Totten Pond Road 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 spoke on the 1 matter. 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 April 28, 2025 at 7:30 p.m. Communications from the Mayor 1. The Mayor respectfully requested pursuant to the City Ordinance Section 17-19 (c) that the room known as Large Group Instruction Room at Waltham High School be renamed The Waltham Room. Referred to the Licenses and Franchises Committee. 2. The Mayor respectfully requested a recommendation for an affordable housing proposal at 183-241 Crescent Street, Waltham Watch Factory. Referred to the Ordinances and Rules Committee. 3. The Mayor respectfully requested a small black and gold plaque be placed on of the benches at 200 Trapelo Road in the field facing the pond for George A. Darcy III, former Ward 3 City Councillor and Conservation Commission Member. Referred to the License and Franchises Committee. 4. The Mayor respectfully requested acceptance of memorabilia from the 100th Anniversary of Supreme Court Justice, Louis Dembitz Brandeis appointment to the United States Supreme Court from Kathleen B. McMenimen. Referred to the Finance Committee. 5. The Mayor respectfully requested acceptance of the donation of a Handbook for Commissioners and Code Book from Kathleen B. McMenimen for the City Hall Museum. Referred to the Finance Committee. 6. The Mayor respectfully requested acceptance of the donation of a Waltham Trivia Game for the City Hall Museum from Therese Ricci. Referred to the Finance Committee. 7. The Mayor respectfully requested an amendment to Section 2-187 of the General Ordinances concerning building permit fees. Referred to the Ordinances and Rules Committee. 8. The Mayor respectfully requested an increase to gas and plumbing permit fees. Referred to the Ordinances and Rules Committee. 9. The Mayor respectfully requested an increase to annual inspection fees. Referred to the Ordinances and Rules Committee. 10. The Mayor respectfully requested an appropriation of $15,500 for the Disability Services Commission. Referred to the Finance Committee. 11. The Mayor respectfully requested an approval of an application for an SOI for a replacement roof at the Northeast Elementary School. Clerk Vizard read a letter to the Massachusetts School Building Authority. Councillor LaCava moved to suspend Rule 9 to hear from off committee members. The motion was approved by a voice vote. Assistant Superintendent for Finance and Operations for the Waltham Public Schools Chad Mazza and Facilities Coordinator at Waltham Public School Stephen Jelloe spoke on the matter. Councillors LaCava, LaFauci, Hanley, McMenimen, LeBlanc, Bradley-MacArthur and Logan asked questions with Mr. Mazza and Mr. Jelloe providing answers. Councillor 2  LaFauci moved for approval of the matter. The motion was approved by a voice vote and the matter was approved Applications and Licenses All Applications and Licenses referred to the Licenses and Franchises Committee. 1. Tables & Chairs Application – 458-470 Moody Street – CDR, LLC, DBA RASSA 2. Tables & Chairs Application – 419 Moody Street – Common Good Co. 3. Tables & Chairs Application – 265 Moody Street – Inspired Concepts, LLC DBA In A Pickle Restaurant Resolutions, Orders and Ordinances • Traffic Safety and Technology Resolution Clerk Vizard read the Resolution. Councillor Katz spoke on the matter. The matter was referred to the Economic and Community Development Committee. • Earth Day and Arbor Day Resolution 2025 Councillor Harris spoke on the matter. Councillor Harris moved to table the matter on the Council floor. The motion was approved by a voice vote and the matter was tabled. Committee Reports Committee of the Whole 1. The Committee of the Whole recommended that the City Council transfer the care, custody and control of the Field Station Building at 240 Beaver Street to the Recreation Department be approved. Councillor LeBlanc recused himself. 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, Logan, McMenimen, Stanley and Vidal. Opposed: None. Absent: None. Recused: LeBlanc. Presiding: McLaughlin. The matter was approved 14-0-0-1-1. Ordinances and Rules 1. The Ordinances and Rules Committee recommended that the Special Permit Ordinance Amendment be approved for a 1st reading. Councillor Harris moved that the action of the Committee be the action of the Council. 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 Special Permit Ordinance Amendment was approved 14-0-0-1. Councillor Harris moved to table the matter on the Council floor. The motion was approved by a voice vote and the matter was tabled. 2. The Ordinances and Rules Committee recommended that the amended ADU Ordinance be approved for a 1st reading. Councillor Harris moved that the action of the Committee be the action of the Council. Roll Call requested. 3  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 amended ADU Ordinance was approved 14-0-0-1. Councillor Harris moved to recommit the matter to the Ordinances and Rules Committee. 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 approved 14-0-0-1 and the amended ADU Ordinance was recommitted to the Ordinances and Rule Committee. 3. The Ordinances and Rules Committee recommended that the special permit application for BP Third Ave, LLC at 180 Third Avenue be approved. This matter was handles earlier in the evening. Economic and Committee Development 1. The Economic and Community Development Committee recommended of the Year 51 Community Development Block Grant be approved. This matter was broken into two different votes, an order and a Resolution. Councillor Brasco moved that the action of the Committee be the action of the Council on the CDBG Order. The motion was approved by a voice vote and the CDBG order was approved. Councillor Brasco moved that the action of the Committee be the action of the Council on the CDBG Resolution. The motion was approved by a voice vote and the CDBG Resolution was approved. Finance 1. The Finance Committee recommended the appropriation in the amount of $34,167 to purchase a vehicle for the Building Inspection Department be approved. The Current Vehicle is a 2007 and requires constant maintenance and repair 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 appropriation in the amount of $34,167 to purchase a vehicle for the Building Inspection Department be approved. The Current Vehicle is a 2012 and requires constant maintenance and repair 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 the Green Communities Competitive Grant in the amount of $152,275 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 4. The Finance Committee recommended the appropriation in the amount of $61,301 from the Unreserved Fund Balance to purchase a new passenger vehicle for the Recreation Department 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. Licenses and Franchises 1. The Licenses and Franchises Committee recommended the second hand dealers license renewal at 1250 Main Street for Clean Out Your House, Inc be approved. Councillor Vidal 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 Licenses and Franchises Committee recommended the second hand dealers license renewal at 108 C River Street for Mint Condition Sports, LLC be approved. Councillor Vidal 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 Licenses and Franchises Committee recommended the Massport License application for Ali Ihsan Yildiz – ALVE, LLC at 5514 Stearns Hill Road for be approved. Councillor Vidal 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 • 995 Main Street • Dumpster Ordinance • 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 • Chapter 7 of the General Ordinances of the City of Waltham, entitled “Garbage, Trash and Refuse” amendment 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 second reading of the matter. Roll call requested. In favor: Councillors Bradley-MacArthur, Dunn, Durkee, Hanley, Harris, Katz, LaFauci, LeBlanc, Logan, McMenimen, Stanley and Vidal. Opposed: Brasco, LaCava. Absent: None. Presiding: McLaughlin. The Chapter 7 of the General Ordinances of the City of Waltham, entitled “Garbage, Trash and Refuse” amendment was approved for a second reading 12-2-0-1. Councillor Harris moved to table the matter on the Council Floor. The motion was approved and the matter was tabled. • Amending the fines section of the Ordinances related to trash violations (Chapter 1 of the General Ordinances) 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 second reading of the matter. The motion was approved by a voice vote. Councillor Harris moved to table the matter on the Council 5  floor. The motion was approved by a voice vote and the matter was tabled on the Council floor. • Councillor Dunn moved to suspend Rule 43 to accept a late filed Committee report from the Cable Access Committee for WCAC reimbursement for PEG Salary/Expenses/Equipment for a total of $134,273.68. The motion was approved by a voice vote. Councillor Dunn moved to approve the reimbursement. The motion was approved by a voice vote and the reimbursement for $134,273.68 was approved. With no further matters Councillor Harris made a motion to adjourn. The motion was approved by a voice vote. President McLaughlin declared the meeting adjourned at 8:18 p.m. Respectfully submitted by: Cathy Magliarditi Executive Assistant to the City Clerk April 7, 2025 6