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Ordinances & Rules Committee

Regular Meeting

Waltham, MA · April 22, 2025

AgendaMinutes

Minutes

Ordinances & Rules Committee Meeting Minutes April 22, 2025 The Chair called the meeting to order at 8:11 p.m. Present: Councillors Dunn, Harris, Logan, LeBlanc, McLaughlin. Absent: None. President McLaughlin moved approval of the minutes from 47/2025. The motion was approved by a voice vote. Vivian Ainomugisha, 164 Lexington Road, Billerica, of the Waltham Times, was recording the meeting. First agenda item: Resolution to Formally Opt-In to Municipal Opt-In Specialized Energy Code Councillor Bradley-MacArthur, maker of Resolution spoke on the energy code. Councillor Hanley asked about other towns around us. There are 48 municipalities that are involved at this time. Off Committee Councillor Katz spoke on the topic and stated that it costs approximately thousands of additional dollars and if we want housing to be built this will stifle it. He asked the Committee to look into costs. Off Committee Councillor Durkee spoke on the cost being a huge factor with this matter. Councillor Logan moved to send a request to the Law Department to review. Councillor Logan moved to table the Resolution. The motion was approved by a voice vote. Second agenda item: Time Extension for Order #31842 Winter St LLC at 850, 910, 920, -940 Winter St Attorney Michael Connors, of Connors & Connors, LLC asked for the one-year extension for Winter St LLC to pull a building permit from May 5, 2025 to May 5, 2026. Building A is complete but Building B is/has been delayed. With this extension the construction completion date would be two years from May 5, 2026. Councillor Logan asked about the third permit extension act. He submitted language he would like put on the Order. Councillor Logan moved to approve the extension with the amended language. The motion was approved by a voice vote. Third agenda item: Time extension for Order #36287 King First West Owner, LLC at 55 First Ave Attorney Phil McCourt, representing the petitioner, Attorney Tim Sullivan, Andrew Castraverti were present. The end of phase one was to commence June 18, 2025 through June 2026. The petitioner is asking for a one-year extension to June 18, 2026 and end by June 18, 2026. Councillor Logan made a request that was approved by a voice vote to have the Law Department opine on the content of their request letter. Councillor Logan moved to table the matter. The motion was approved by a voice vote. Councillor Logan moved to take the special permit application at 1265 Main Street off of the table. The motion was approved by a voice vote. Attorney Phil McCourt, representing the petitioner, Attorney Jim Ward, Nick Skoli and Rob Nagi from VHP were all present to discuss application. Councillor Logan made a request that was approved by a voice vote to have the Law Department review the latest materials and to have the Law Department attend the next meeting on May 5, 2025 to discuss. The motion was approved by a voice vote. Councillor Dunn asked about the part 4 mitigation and work with the Department of Transportation. Rob Nagi, VHP spoke and stated the state as part of the review in (2017) Sect. 61 finding outlined of the commitments with MassDot. Councillor Logan asked about the building height saying 73 feet. Plans say 1000 square feet and wanted to know the height from Border Rd. The Councillor used 2 gps altimeters and found different calculations. Nick Skoli, from VHP answered the height questions. President McLaughlin asked for the petitioner to submit professional calculations scale of height from Prospect Hill Park, Buttrick Trail (the east/west section). The motion was approved by a voice vote. Councillor Logan moved to request the next public hearing be held to a date certain of May 27, 2025. The motion was approved by a voice vote. Councillor Logan made a request that was approved by a voice vote to have the Law Department attend the next Committee meeting on 5/5/25 to discuss application. Councillor Logan moved to table the matter. The motion was approved by a voice vote. Councillor Logan moved to take the special permit application at 460 Totten Pond Road off of the table. The motion was approved by a voice vote. Attorney Jack Mula, Attorney Joe Connors, Paul Finger, of Finger & Associates, and Andrew Maher, the petitioner all were present for the discussion. Attorney Mula spoke on the legal review number 5 with the subsequent review of opinion 3. He stated there would be approx. 22% lab space with 78% office space. He answered the Law Department’s questions and Councillor Logan asked to amend the decision to include unobstructed view on the driveway and the office/lab space percentages be adjusted. Councillor Hanley asked about driveway maintenance. Councillor Dunn asked about parking spaces in opinion five – the parking spaces; 1,156 and 1,161. The difference is they were surface spaces not in the garage. Councilor Logan moved to forward any materials received by either the Law Department or the petitioner to the Law Dept. or the petitioner once reviewed by Clerk and Chair. The motion was approved by a voice vote. Councillor Logan made a request and moved to continue the public hearing to a date certain of May 27, 2025. The motion was approved by a voice vote. Councillor Logan made a request that was approved by a voice vote to have the Law Department attend the next Committee meeting on 5/5/25 to discuss application. Councillor Logan moved to table the matter. The motion was approved by a voice vote. Councillor Logan moved to take special permit application at 1432 Main Street off of the table. The motion was approved by a voice vote. Attorney Michael Connors, representing the petitioner spoke on the latest filing. Councilor Logan moved to forward any materials received by either the Law Department or the petitioner to the Law Dept. or the petitioner once reviewed by Clerk and Chair and to continue the public hearing to a date certain of May 27, 2025. The motion was approved by a voice vote. Councillor Logan made a request that was approved by a voice vote to have the Law Department attend the next Committee meeting on 5/5/25 to discuss application. Councillor Logan moved to table the matter. The motion was approved by a voice vote. President McLaughlin moved to adjourn. The motion was approved on a voice vote and Chairwoman Harris declared the meeting adjourned at 9:21 p.m. Respectfully submitted, Kara Wilson, Assistant City Clerk April 29, 2025

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