Newton City Council - December 15, 2025

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Now we are. Well, that was my last gavel bang, so I'm going to miss that part of the job, and I hope I don't have to use it any further this evening. With that, I'm going to turn to Councilor Oliver to lead us in the Pledge of Allegiance. to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Good evening, colleagues. We are being both audio taped and video taped. I don't believe we have anybody who's participating remotely tonight.

Is Councilor Gentile?

We have nobody participating remotely. Can I entertain a motion to allow our councilors elect inside the rail? Councilor Kalis, seconded by Councilor Leary. All in favor, please say aye. Those councilors elect who have been dutifully following the rules, you can come on in. Those who are a little more presumptuous and took their seats, just stay where you are. And of course, we're very glad to have all of the counselors elect here. So this is our last formal meeting of the term. and we're going to proceed a little bit differently than we do on other nights. No, this is not Passover. But we are going to proceed a little bit differently.

So on first call, I'm going to invite up the retiring councillors to speak, to preside over an item one committee report. and then to present the remarks. I think the clerk has quite rightly suggested that folks keep the three or five to five minutes. but it's an opportunity for retiring counselors not only to speak to us, but to speak to the community as a reflection on their service I will speak thereafter. We are going to switch up the order a little bit. I'm going to go in order of seniority with the least senior councilor going first. That's Councilor Lobovits. followed in order by Councilors Humphrey, Downs, Danberg, Lipof, and then Councilor Gentile is not here, and then myself.

So with that, I'm going to recognize Councilor Lobovits to take the podium, please.

Thank you, President Laredo. Had to put on my glasses. It's an honor to address my fellow city councilors this evening. My brief remarks will touch on some of my experiences as a councilor and some recommendations. My tenure on the Land Use Committee, so ably chaired by Councilor Kelley, required a steep learning curve, having had no experience whatsoever in this area. I've been appropriately reminded on several occasions that land use is a quasi judicial committee. We are required to be diligent about limiting our determinations to the rules and regulations that directly bear on the waivers requested.

Nonetheless, the more general context of each individual petition often affects the way we view our positions on a specific permit. the perceived need for more housing, the concerns about stormwater and permeable surfaces, about affordability and accessibility about traffic and parking, about the need for more commercial space, about the desirability of preservation of natural spaces, about property that has been empty or structures that have been dilapidated for years, and lastly, setting precedent. In theory, these broader concerns should not impinge on our decisions, but I believe that they inevitably do, whether consciously or subconsciously.

The special permitting process is often criticized for being too complicated and too long, resulting in a waste of time and increasing the cost to developers. and homeowners. My experience on land use leads me to believe that the process is generally fair to applicants and often works to the benefit of the residents and a better quality project. However, I do have a few recommendations to expedite the process, make it more respectful, and align it more closely with the overall interests of the city as best we can define them. First, the council should continue to prioritize changes in ordinances and finances that address the broader issues outlined above

so that we minimize the influence of these concerns on land use discussions and decisions. This is the right thing to do to ensure fair treatment of those who seek a special permit. Second, the council should continue to seek ways of eliminating the need for special permits for de minimis changes to a homeowner's property. and third, the council should more clearly define how and when abutters of special permit properties are engaged in the discussions about a proposed development. No hearing should be held until the applicant has complied with those requirements. Finally, I want to make a plea for continuing to build on a culture of respect for each other and for our residents.

We can strongly disagree, and believe me, we do, without personal attacks or questioning the integrity of fellow Councilors. I will not forget the leadership that President Laredo demonstrated in promoting that culture when he commented on the respectful nature of the discussions at some of our meetings. My brief tenure as a counselor has been one of the most enriching experiences of my life. And I thank you all and the dedicated residents of our city for giving me that gift. And now I call on Chair Albright to give the, oh, I'm sorry, Chair Kelley, of course. My order was changed to give the land use report. Thank you.

Thank you, Councillor Lobovits. The land use report begins on page 288. We met twice in December as we are just so dedicated. Our first meeting was on December 2nd and we took up item number 216-25 which was a request to rezone two parcels to MR1. We approved their request to withdraw without prejudice. That's the Dudley Road project. we took up item 217-25 which was another approval of a request to withdraw without prejudice that was also Dudley Road that that's in two parts both the zone change and the construction of the housing Item 264-25, which was a request to exceed FIR at 11 Richfield Road was also a request to withdraw without prejudice that was approved.

Then we went on to item 306-25, which was a request to rezone 41 Farwell Street. And that was approved, 7 to nothing. Number 307-25, a request to allow a three-unit multi-family dwelling and zone change from Limited Manufacturing to MR2 at 41 Farwell Street. That was also in two different parts, that address. And that was also approved six to nothing. Item 348-25, which was request to extend a nonconforming four-unit multifamily dwelling with outdoor decks at 51-53 Eddy Street. That was approved six to zero to one. Then we had a bunch of approvals for class for auto dealer licenses. First is 350-25, a Class 1 auto dealer license for MAG Retail Holdings. That was approved six to nothing.

Number 351-25, a Class 2 auto dealer license for Reagan Inc. That was approved six to nothing. number 352-25 class 2 auto dealer license at Newton Center Shell approved six to nothing number 353-25 The Class II Auto Dealer License had Velocity Motors approve 6 to nothing, number 354-25. You see how exciting land use sometimes is. 354-25, a Class II auto dealer license for luxury motors, approved 6-0. 355-25, a Class II auto dealer license for Yes Auto Sales Group, approved 6-0. 356-25, Class II Auto Dealer License from MAP Development. Guess what? Approve six to nothing. and number 361-25 class two auto dealer license for Newton Trade Center. Associates also approve six to nothing.

We then met again on December 9th. The first item is on second call, so we will talk about that one later. The next is... number 219-25, which was a request for a special permit to allow four single family dwellings and to waive side and rear setback requirements at 11 parsons. they have since requested to withdraw without prejudice which was approved eight to nothing actually they requested it that night we approved it that night And finally, for us on that night, number 304-25, which was a request to allow ground floor residential. four stories and exceeding height and associated parking waivers at 1100-1102 Beacon Street. We approve their request to withdraw without prejudice. And that concludes my report. Thank you, Councilor Lobovits.

Next, we're going to have Councilor Humphrey, who's going to preside over the zoning and planning report.

I'll just start with the report first. Is that from Councilor Oliver or from Councilor Baker? From Zoning and Planning, Councilor Baker.

Thank you, Mr. Presiding Officer, and it's my privilege to present the last zoning and planning report of this term. It begins on page 291. And I'll just give you an indication that all the items are no action necessary. not because they do not require some action but because some of them will be dealt with best at the beginning of the next term and also we did discuss a number of them as the committee report indicated. So these are items 2, 36, 24, discussion of climate resiliency to hear updates and plans. And I'm not going to go through all the votes, but just indicate that they are NAN. 258.24, discussion and possible amendments to zoning ordinances concerning manufacturing district in Nonantum. 26.25, discussion and possible ordinance amendments to remove the minimum parking requirement from multi-residence

Transit Zones 2725 request to amend the definition of two-family detached. 295.24, discussion on parking in village centers. 302.24, aligning zoning to proposed use in new development. 4124, amend the setbacks in MR zones to encourage preservation of existing buildings. 6324, requesting an update on the implementation of the climate action plan. to an 80-25 requesting discussion on the current state of Newton's commercial office space, 85-24 requesting discussion and possible amendments to enhance the preservation of existing homes. Those all items passed. any end and I would just remind those who docketed them who wish to have them discussed again in the new term to please make sure that you take care of the docketing process when the time is right. In the meantime, I move the report. Thank you, Mr. Acting. Thank you, Councilor.

So first, thank you, of course, to the city staff and the clerks who make all of our work as on behalf of the residents as city councilors possible. So my reflections, I think, start with where my term started. It has been, I would say, a challenging and unpredictable six years From the pandemic right at the beginning to a labor strike to global conflict and tragedies with local dimensions to growing instability and repression at the federal level of our nation. Our city is also of course experiencing its sharpest structural fiscal pinch point in quite some time, which will continue to be difficult to manage over the coming two to four years while keeping residents happy.

Local government is where the rubber meets the road and that's on people's daily lives and we have been tasked with carrying on every day despite all these challenges and uncertainties. I am satisfied that we have done many good things together in my time in office, even in just six years. Especially, I'm satisfied with the work that I did to help constituents at the beginning of the pandemic. the additional housing that we approved, the reforms we passed to try to strengthen and clarify policies on leaf blowers and private tree protection, landmarking the historic strong block of Waban Square, updating Newton City seal, passing key street design improvements for safety, and this year organizing a letter from every councilor against the Trump administration's false claims

I predict that Newton's elected officials will be called upon to show courage on great issues of right and wrong again and again in the near future. I'm happy to recount a few other things in which I played some part. One of my top priorities before running for council was to get a mandate passed against natural gas hookups. and I was proud to help secure a strong pilot ordinance on electrification earlier this term. And I am glad that we passed significant reforms to the council rules throughout my time here. At a smaller scale, we also got a lot of Ward 5 potholes patched and sidewalk breaks ground down. I was gratified to help revive the council scholarship for political science and government students from Newton's graduating seniors after having received it myself many years ago.

Public service is what I always knew I wanted to do by that point in my life, and public service is what I'm good at. The scholarship is our small way of signaling to young people in our community that it is worthwhile to pursue this career path in its own right because constituents deserve to have thoughtful and committed representation. I'm sure I wouldn't even have considered stepping down if this were a full time job to help our residents. I am most proud of ensuring that in meetings and deliberations there was a voice to represent people who felt they were otherwise going unheard from residents to public employees. I feel that I have been as much of a listener as a strongly opinionated speaker. I am excited to be already underway with my master's degree studies at UMass Boston's public history program, pursuing my other great passion in life.

and earlier this year, I finished receiving a certificate in graphic design and web design from UMass Lowell to continue building my service options. It is nice to be taking a break from serving in elected office for now, giving myself the opportunity to continue listening and weighing in on local matters from a different vantage point. And I look forward to returning to government when the time is right. It has been an honor and a privilege to serve on this city council. Thank you.

Thank you, Councilor Humphrey. Councilor Downs.

Thank you, President Laredo. I'm going to borrow from Councilor Humphrey's book and start by having the Let's see, it'll be the Public Safety and Transportation Committee.

Thank you, Madam Acting President. The report begins on page 295, and the committee met on December 3rd. The first item, 329-25, requesting renewal of public auto license by Tom Mountain, was approved 6-0. Item 330-25, requesting renewal of a public auto license by Michael Gimmelfarb, was approved 6-0. Item 331-25, requesting the renewal of a public auto license by Lisanne Belouchet, was approved six to zero. Item 332-25, requesting renewal of a public auto license by Rajiv Kumar was approved six to zero. Item 333-25, requesting renewal of a public auto license by Abdurrahmane Fela was approved six to zero. Mr. Clerk. Am I asking for a suspension of the rules on first call or are we taking up our two unusual items on second call? Second call. Okay. With that, I move the report.

Thank you.

Thank you. So I'm going to quote our incoming council president. I'm going to be brief. I'm going to be very brief. I'm going to be very, very brief. and since Councillor Humphrey has already thanked our really dedicated staff for their quality work, their dedication and all that they do for the citizens of Newton and as well as making our jobs easier. I won't, I'll skip that. Humphrey. Like Councilor Humphrey, I found this position very enjoyable in part because, like Councilor Humphrey, I like policy. I like politics. I also want to thank Mayor Fuller,

in part for breaking down some of the internal staff silos to make it possible for our staff to work better together on shared goals that the city has so that everybody's pulling in the same direction and sharing information. There are a lot of other things she did, but I'm particularly thankful that she piloted and then started to do testing before investing. We need to try things out before we throw big money at it. This is a good way to try things out first and particularly on road safety. Rubber hits the road. I like that. I also want to thank you my colleagues. This is not an easy position. They're hard decisions. There's hard compromises. I know it can be a lot of hard work.

It can take longer than the 40 hours that you might put into your day job. and of course we all do it for extremely high wages. And there are some hard words. but that's why skeletons don't run for office in the city of Newton. They don't have any guts. Overall this has been a fun job as I said. We've passed a number of good ordinances. I think we're on the right path with energy. I think we've put some good projects and some smart locations and past zoning to make more of that possible. I think we're on the right path with parking reform, although we could do more. And I was really kind of inspired when we started working on legal marijuana sales in the city, how the usual

groupings of votes kind of switched, became really interesting. So you could say we had joint support for selling joints. I do have a little advice, which I'll keep brief. Very, very brief. Have courage. Lead with empathy. and listen to the experts, especially the engineers.

Thank you, Councilor Downs. Councilor Danberg, and you're going to preside over the Programs and Services Report. Come on up.

Thank you Mr. President. So we will now hear from the Chair of Programs and Services, Councilor Krintzman.

Thank you very much, Madam Acting President. Because I want to get right to your remarks, there is no report this evening.

That was good and quick. Thank you very much. Very much in your style and much appreciated. So time flies when you're having fun. First, I want to thank Ben Alderman, George Mansfield, and Ken Parker. for approaching me in 2004 to run for a special election. There was an open seat. I decided that that it was a good time in my life to do that. I had just sold my medical Supply Manufacturing Business, and my youngest child was going off to college. And I thought, what a great time to do this. It was something that I had always thought in my life that would

and that I would hopefully be good at. I ran to help create positive change that was needed and also to preserve the things that are good about this city that we want to preserve, things that make this city a great place to live. and no one can do this alone. Government is not a solo job. Government is a... is a team effort. And I think that this body has done a great job, as have past boards of aldermen and city councils. to make sure that working together is something that we make happen.

I want to thank my colleagues past and present for working with me to make this a better place and I also want to thank all of the people in the past who have run for my seat either against me or for an open seat in Ward 6 at large because it really has helped uh, to forward the democratic process. And it allowed me to get my signs out there. And I think that really helps for recognition and to grease the way for the next election. getting those signs out there. First and foremost, I want to thank my family. And I have one member of my family in the audience tonight, my beloved husband, John Ficcarelli,

John, thank you for managing to avoid most meeting nights when you're picking the season. Thank you. Thank you. Thank you. Thank you. and are making those important gains. I also want to thank my children for the unconditional support that the whole family has given me. and for my family and the dogs for the comic relief that they have given me on so many occasions throughout these 20 years.

I want to thank Ruth Dane and my campaign committee for keeping me on the straight and narrow when I was campaigning the many times that I've campaigned. and Again, I want to thank everybody who has run not only against me but against all of my colleagues because I think it's kept us all honest and made us better candidates and better city councillors. Thank you also to the mayors. I have had the pleasure of working under Mayor Cohen, Mayor Ceddie Warren, whom we just tragically lost, and Mayor Fuller and Mayor-elect Laredo for how hard you've worked and how deeply you have all cared for the city.

And thank you Mayor Fuller for your extraordinary support of arts and culture. And thank you for always showing up. Every time I have been to an affair, an event, something for arts and culture, KCON is always there. Amy Sangiolo is always there and Mayor Fuller is always there. I don't know where they got the time, but they found it and they did a spectacular job. I also want to thank our very talented staff that people have thanked before me. I don't think we can say enough thank yous to them. They have tremendous talent. They have tremendous dedication. And we're very, very fortunate that they make running this city look easy. and thank you to all the department heads for their very capable leadership.

the DPW for keeping the streets and the sidewalks and the stormwater and the trash and the snow clearing and everything else working in this city. Everything that means living a day-to-day life in this city the DPW is to be thanked for. and to inspectional services for so skillfully overseeing our built environment, to the law department for defending us against all the lawsuits, that we have had over the years. I can't count the number that I have been notified of over the years. It's dozens. and to assessing and treasury, executive office, public buildings. Josh, thank you for everything that you've done. Thank you for

for what you're going to be doing in the city for the next term under Mayor Laredo to the comptroller's office. And a special thank you to the parking control officers. for the very tough job that they do. It's thankless and tough and they really make our city, the built environment and the parking situation livable for all of us. and thank you to my colleagues for picking up the kiddie toys at the MMA for our children's dental health program that my husband and I do in Mexico every year. And I hope when you go to MMA this year, look for the kiddie toys and anything that a little kid would like to play with, throw it in your bag and I will come and collect them. at the end.

These little kids love these little toys. Even the DPW stuff, the little mini Trash barrels and things that you wouldn't think that a child would have fun with, but it's always the box that the kid has the most fun with anyway. So what have we done together over these past 11 terms? Here's a short list. More diverse housing, some 3000 more units built or under having been permitted. We've passed the expanded stretch code requiring among the strongest building and energy standards in the Commonwealth. Austin Street, Trio, Dunstanese, Northland, Riverside, and significant affordable housing components with them and many, many smaller projects.

We have physically safer streets and sidewalks with all the puck lights and the extended curbs. This is a much safer city for pedestrians and bikes. And speaking of bikes, bike paths, we now have wonderful bike paths all over the city. And I'm very proud to say that the first bike path that was so controversial back in, I don't know, 15 years ago or so, I championed along with my ward six, my then ward six colleagues, and Councilor Baker and the ward seven. It ran from Hammond Street, all the way into Newton Center. That was the first one. We had tremendous opposition against it. We did it anyway, and it led the way for a much Friendlier environment for pedestrians and for bikes.

We have a comprehensive plan. We have a bike and pedestrian plan. We have a climate action plan. No commercial parking. Thank you very much, Councilor Krintzman, for championing that. along with all the other counselors who voted for that. I think it has done a tremendous amount to making our village environments way more pleasant. We rewrote our zoning code and we passed VCOD. We tightened our building and engineering standards. We are 12 years into a 20-year infrastructure plan replacement. Previously, we were on a 200-year replacement uh plan uh for the city and uh we we thought that that might extend actually to 300 years um before setting warren came up with the first plan and and we're

We're doing very, very well on that. We purchased the West Newton Armory. It's now being renovated to 40 plus. deeply affordable units for veterans, many of whom are formerly homeless. and under Mayor Fuller, we purchased and kept Webster Woods. Councilor Baker, thank you very much for all the work that you did on that. Our other illustrious Ward 7 colleagues also worked very hard on that. And we're very, very proud that we have an urban wood that is so rare in certainly in the Boston area. and we will always have it. So thank you, Madam Mayor for that. You led the way. Unforgettable moments.

passing VCOD, finally passing Riverside, acquiring the armory, passing the sidewalk snow ordinance, putting in the first bike path, finally passing Riverside. Riverside passed 23 in favor, two against, but I think that everyone wants to see that built. I know I have followed it from, I think it goes back to something like 2007 so I can't wait until that shovel goes in the ground. Lessons learned. Government is not a one-man show. I can only, it can only work as a team effort. How hard our public servants work. I've gathered tremendous and gained tremendous respect for our city staff.

I've learned how fragile and vulnerable public health is. We learned this during COVID. We lost a lot of wonderful friends. How important it is for government to step up to the plate in a crisis. and be prepared. Boldness has genius power. If you can dream it, you can do it. And my advice Go electric! Support all types of housing and public transit. Think bold. Make no small plans. Expand composting. Give blood. support vaccinations and keep Newton's water supply fluoridated. It's the best way to safeguard our children's health.

Support inclusion, no matter what Washington says. Keep working on gathering, on getting rid of double polls. President-elect, Mayor-elect Laredo has worked on this for years, as has Councilor Albright. And I know she will, and he will continue to work on this. We got to get rid of these double poles. get us off fossil fuels, plant trees, and pass the volunteer poet laureate position. I've been hoping for this for many years and I have no doubt that in the next term it will happen. So in the interest of time, I've taken more than my share. I'll leave it here. Have a great holiday. And I will see you in the new year just from the other side of the rail. Thank you.

Thank you, Councilor Danberg. Councilor Lipof, I'm going to invite you to preside over the public facilities report.

Thank you for public facilities, Councilor Albright.

Thank you, Mr. Acting President. Public facilities report begins on page 296. And the first item 103-24, which is Councilor Albright on behalf of the Public Facilities Committee requesting update on planning and construction of the Bullows Pond Dam That was voted no action necessary, 6-0. And that goes along with 418-24. Her Honor, the mayor requesting a discussion of the Bullos Pond Dam Rehabilitation Project and the preferred safety design. Public facilities voted no action necessary 6-0. I hope that you all read the sense of the committee report. that went along with these two items they were these items were both discussion items but we did send the sense of the committee page couple of pages to Mayor Fuller and Mayor-elect

Laredo expressing the committee's consensus on that matter. So I hope you all had a chance to read that. 358-25, Her Honor the Mayor requesting the appropriation of $2,304,983.75. from account 6135.99 sewer fund surplus available for appropriation to fund phase two of the pump station rehabilitation CIP project that was approved by Public Facilities 5-0. and the last item which is 5625 is on second call.

Thank you very much. Listening to speakers before you, you start to think of other things, including the long list of votes and accomplishments and things you worked on. Mine goes back 30 years, and I didn't want to bore you all with those things. Not that anybody else has. It's wonderful to do. And I thank you, Councilor Danberg, for recognizing all of those great things that we've done. 30 years ago, I ran for an open seat that was being vacated by Cindy Cream. and reflecting back on my 24 years of serving Newton, I couldn't help but think even further back as a six-year-old stuffing envelopes for my mother who managed Ted Man's campaigns for mayor. I remember in the 90s when I was fortunate to spend some days driving around this city with Ted Mann, pressing the flesh and watching him take note of potholes needing filling or citizens needing support.

I was raised with the simple value that you don't just go to work, go home and take care of your family, but you have an obligation to be involved in your community to make a difference. Over the years, I was fortunate to work with so many amazing people that are no longer here with us today. I actually served with Wendell Bauchman, who started in the 30s and ended in the 90s, and I served with Wendell and Dick McGrath and Carlton Merrill and Terry O'Halloran and Sidra Schnipper and Sal Salvucci, George Mansfield, Alan and Jay Ciccone. and yes, my father Mike Lipof. As the first father and son to serve together, we knew how lucky we were. Late night meals at South Pacific after long meetings were highlights of our time together. Just special. I want to thank all of my colleagues here tonight and all who I've served with for stepping up and working together in guiding our great city.

I would be remiss not to mention and honor a great mayor and a friend, Mayor Setty Warren. We met in 2007 and I quickly realized he was what Newton needed. A compassionate thoughtful leader with vision and the ability to bring back trust in government. He asked me to co-chair his committee which led to taking part in the most exciting campaign I have ever been a part of. in the end said he won over the electorate and beat Ruth Balzer to become the state's first elected black mayor. I think of Seti often and I miss him every day. Years later, supporting our friend and colleague Jake Auchincloss created the same excitement and thrill of working hard for the one that you know could make a difference. I want to give a special thanks to Jake, Congressman Auchincloss for his service to Newton and for his leadership in Washington.

And as for me, to thank him for his keen advice and friendship over the years. A quick thank you to honor the service of a past president of this council, Scott Lennon. I was honored to serve with Scott, whose example of leadership should be studied by all who take this gavel. and to Mayor Fuller. While vice president to the council, President Albright and I spent the COVID years working with Mayor Fuller and her staff navigating territory that none of us had ever seen before. I watched Mayor Fuller literally work seven days a week, 17 hours a day, and it was truly an inspiring display of love and dedication to this city. None of us would be in public service if it was not for the support of our families. What I will say next is going to elicit a response of my daughters.

They would say, TMI, Dad, too much information. Well, here it goes. Just two hours ago, I was on a table getting a colonoscopy. That's where I was. And the upside of getting this colonoscopy is that I was not allowed to drive tonight. So my ride is my wife, Jan. So I get the opportunity to publicly thank you, Jan. Your encouragement, wise advice, full support and unconditional love have been my foundation that has allowed me to be in public service. I love you, and I think we should all give you an ovation representative of all of our family support. As I take my leave, I also think about where this council is heading and what lies ahead for our city.

It will be challenged with new developments, additional school and public buildings renovations, and fiscal constraints that will most likely call for an override. There is so much that this body can do with a common goal. My advice is twofold. First, you may have been elected as an activist with one goal in mind, supported by one group of like-minded citizens. But once here, you now advocate for 88,000 people on a whole host of issues, which means working with those that you may not agree with will be crucial to the process. transitioning from an activist to an advocate is what makes you a representative to all. And second, Call your colleagues and go to coffee. Spend time getting to know who they are, their histories, about their families, their human things that break the walls down. Find commonality. and maybe even friendship.

This all leads to working collaboratively for the best of Newton. You'll also find that the journey along the way will be more fruitful and enjoyable take this step with all your colleagues and you will be putting city over self and all good things will follow. My goal has always been to help Newton retain its history while evolving into the future. I tried to see both sides of every issue and find a middle ground to move things forward, always listening with an eye to collaborate for a positive outcome. I'm going nowhere. I'm here for you all. Reach out to me anytime. While I'm not on the council, I will still be working for whatever is best for Newton in any way that I can. Thank you.

Thank you, Councilor Lipof. We're going to finish the committee reports with finance and then real property reuse. And then I'm going to offer just a few short remarks of my own. So I don't have Councilor Gentile with us, but I do have Vice Chair Malakie. Would you please provide the Finance Committee report?

Okay, the Finance Committee met on December 8th. First, we had number 357-25, request to accept and expend a $5 million MassWorks Grant, that was to support the Craft Street Culvert Replacement Project, approved 7-0. Number 358-25. requesting appropriation of $2,304,983.75 for phase two of the pump station rehabilitation CIP project, approved seven to zero. 359-25, requesting authorization to transfer $425,000 for funding the settlement of the FY25 to FY27 Teamsters Collective Bargaining Agreement, approved 8-0. Number 360-25, requesting authorization to transfer $45,000 for vacation special leave disbursements.

That was for the mayor and COO. due to there not being the usual number of vacancies year-end from which to allocate funds. that was approved eight to zero. And number 362-25 requesting information regarding mayor elect Laredo's plan to staff the executive department. Finance voted no action necessary eight to zero. And with that, I submit the report.

Thank you, Vice Chair Malakie. Councilor, Chair Danberg for real property reuse, please.

Thank you, Mr. President. The Real Property Reuse Committee met briefly this evening. We took up Item number 36-24, the reuse of parcel of land on Grove Street and Hancock Street. Do I need a suspension of the rules?

You need a suspension of the rules to report out that item. All in favor of suspending the rules to allow Councilor Danberg to report out the item, please say aye. Aye. Opposed? Go ahead, please.

Thank you very much. The committee moved that they refer the item to the term, the 26-27 term. There were eight present, seven present. The vote was seven to nothing. So the item has been referred to the 26-27 term. And that concludes the report.

Thank you, Chair Danberg. So colleagues, before we call, The roll on first call and proceed to second call. I just want to take a moment to thank all of you and reflect just a little bit, and I promise I'll be short. on my 14-year tenure on the council. But first, I really want to take a moment to thank the colleagues who are retiring tonight. and in order to get this right, I'm gonna go in order of ward from ward four to eight so I don't miss anybody. You know, Councilor Gentile's not here this evening, but as all of you know, He has served both the school committee for eight years, now on the city council for decades as a true advocate for the city. And when I think of Councilor Gentile, I think of someone who always, always, always had the best interests of the city at heart.

He chaired the finance committee very ably for a number of years. Gentile also did two things that I think were really admirable. He was always willing to stick to his guns when he thought on a particular position, he was right and he was not afraid to speak and speak quite eloquently about a particular issue. but I also observe Councilor Gentile on numerous occasions build compromise, build consensus and no greater opportunity than our debate over the Village VCOD Act where together with Albright, they succeeded in bridging some pretty large gaps. So we are successfully able to get something resolved. And I would say to all of us, those leaving and those returning, the ability to forge compromise in a legislative body is exceptionally important. I would all urge all of us to take

Lessons from that. Turning toward five, I'll start with our ward councilor, Councilor Humphrey. who I think has been the epitome of wonderful ward counselor service. Councilor Humphrey is the type of person, Bill, you're out there, you go talk to the residents, you solve problems, you are passionate about the work that you do you brought that passion to everything we did here you also have an encyclopedia knowledge of the rules and procedure all of which added immeasurably to our work and for that I for one am very grateful Councilor Downs, Andrea, you're the person probably the most knowledgeable about transportation and biking and parking issues on this council. You two are very passionate about that work. I always appreciate it. but I always appreciate as well that you did this in a very calm, factual way.

You conveyed your views, your information to us We all have benefited from that tremendously. We're going to miss that a great deal. Lobovits, you have the shortest tenure of the retirees, but I had the pleasure of working with you on the land use committee where I thought you brought an exceptionally calm, deliberative, thoughtful approach to our work, which I think in many ways is the hardest work that we do on this council because it We are in a quasi-judicial capacity. We have to balance so many competing interests. And I think you did that diligently. Thoroughly and with great respect for the residents. And for those who don't know, we're not letting Councilor Lobovits retire completely. Because he is going to be working with Councilor Bixby on the working group for the Newton Highlands Task Force.

Perhaps an unenviable task, but a very important one, and we're grateful for that. Danberg, you've accomplished so much during your tenure on the council. I wouldn't even know where to begin. but you have been a passionate advocate for the arts and culture in this city. We are far, far better as a community because of that work. I hope I can follow in those footsteps in my term as the mayor of the city. And I have to say, when the snow falls and I shovel my sidewalk and I do so diligently, I always think of you, Councilor Danberg, and we'll continue to do so. Last but not least, Councilor Lipof, we are gonna be faced, I think for how many decades now for the first time without a Lipof or Lappin, in this chamber. And that is a remarkable record.

The fact that you managed, were able to serve with your dad who was truly a wonderful person. and your sister, who I am so proud is going to be working with me. So we're not entirely losing the Lipof family. But Rick, I think you brought a tremendous, measured, thoughtful approach to your work. You always honed into the issue. You always tried to do the right thing, particularly on difficult We are very grateful and I know you have other things you're going to be doing both in the city and outside. And for everyone retiring, I really hope that this is just a different, you're going to all come back and help us in a different way. So some final reflections on my tenure. 14 years in this council. I could not get off the land use committee, by the way, no matter how hard I tried. I thank my predecessors. I have to start with this.

I have been extraordinarily fortunate on the city council to have ward colleagues who were collegial, helpful, friendly, and pitched in. And that was when now Mayor Fuller and Councilor Baker was there, and then Councilor Grossman, who stepped up in exactly the same way. For those of you who are new, and there are a number of you, I'm going to urge you to try to form those same kinds of bonds. They are so important. They will help the local residents. And if we solve their little problems, and they're not little to them. They may seem little to us, but they're not little to them. You're gonna make this a far better community and you do that as a team. And in Ward 7, I like to think we truly were a terrific team. That's going to be immeasurably helpful. I also have to just say this. You know, this is a large body. Some might say too large.

And I'm not going to debate that one way or the other this evening. but while what I will say is from each and every one of you whether it's in a committee meeting or in the full chamber I have been influenced and changed my mind on a particular issue because of your perspective and advocacy. And that really is amazing when you think about it. I may have come into a meeting having read the materials with a preconceived notion of how I was going to vote. and then I listened to 2, 3, 4, 5, 6, 8, 10, 12, however many colleagues felt like speaking that evening and I changed my mind. and I therefore would ask all of you to keep an open mind as you come into committee meetings, as you come into the full council. Yes, there'll be occasions when you'll have made up your mind, you'll decide, clearly passionate about an issue.

But take the time to listen to what your colleagues have to say. And don't be afraid to change your mind. And don't be afraid to compromise to get to a final result. compromise is not a bad word. Compromise is how legislative bodies and governments effectively function. So finally, obviously, I'm not going very far away. I'll be right across the hall, although I can tell you at 10 o'clock at night, I will not be watching a land use meeting. But I am truly grateful for each and every member of this council. Obviously grateful to our clerk's office, to the many department heads and our city employees who tirelessly work day in and day out on our behalf. And I think everyone in this room especially knows that. So thank you all very much. And with that, Mr. Clerk, will you call the roll please?

Allbright, Baker, Bixby, Block, Danberg, Downs, Farrell, Gentile. Councilor Getz. Aye. Councilor Greenberg. Aye. Grossman, Aye. Councilor Humphrey, Aye. Councilor Kalis, Aye. Councilor Kelley, Aye. Councilor Krintzman, Aye. Councilor Leary, Aye. Councilor Lipof, Aye. Councilor Lobovits. Aye. Councilor Lucas.

Aye.

Councilor Malakie. Aye. Councilor Micley. Aye. Councilor Oliver. Aye. Councilor Wright.

Aye. I, with the exception of 362-25, for which I'm recused.

On this vote, the ayes are 23, the nays are zero, one abstention, and one recusal on item 362-25. On that vote, the vote is 22 to 1 to 1.

Thank you, Mr. Clerk. We're now going to proceed to second call. I am going to recognize Chair Albright of the Public Facilities Committee on item 56-25.

Okay, 5625, Betsy Harper, 19, Fairmont Ave, petitioning for a main drain extension that begins at the end of the line drain manhole near 1617 Chapin Road and extends approximately 482 feet easterly to the end of Chapin Road. This will provide a means of overflow connections to the proposed on-site infiltration system that was designed for the new dwellings. the overflow connections will be provided to the dwelling along the proposed main drain extension petitioner to pay the entire cost. The public facilities committee voted to deny this petition with four in favor of denial and three against. Should I give a brief report and then ask for a substitute?

There is a request to withdraw, correct? Yes. I think you can keep your report very brief and just go to the request.

Fine, that's good. So at this meeting, we had a report from Weston and Sampson, who did a third party review. at the committee's request. And they did report that the main drain extension met standards, but that the lots themselves, which were just they weren't actual designs and construction designs for the lots for the houses on the lots. But some of the standards were met. and others were not met and could not be told whether they'd be met until actual designs were developed. After that meeting, Betsy Harper wrote to the council asking to withdraw her petition without prejudice. And so I would like to move that we substitute this withdrawal without prejudice for the denial.

So is there a second to the request? Councilor Leary is second to that. All in favor of allowing the request to withdraw to be substituted for the denial, please say aye. Aye. opposed. The ayes have it. Now we'll just take a quick motion. We need to do this in roll call, Mr. Clerk, for the withdrawal, formal withdrawal. Okay, we'll try to do this in a voice vote as well. I'm going to accept a motion by Councilor Albright to approve the withdrawal, seconded by Councilor Danberg. If you're in favor of approving the withdrawal, you say yes or aye. If you're against it, you vote no or nay. We'll do this in voice vote. All in favor of allowing the motion to withdraw, please say aye. Aye. Opposed, the ayes have it, it passes, thank you. All right, next, we are going to turn to the Public Safety and Transportation Committee, Chair Grossman.

Thank you, Mr. President. So we have two items on second call, I think found on page 299 and 300. This is items 364-25 and 365, excuse me, 364-25 on page 299, 363-25 on page 300. These are appeals of Traffic Council decisions and need to be referred to the Public Safety and Transportation Committee of the next term.

in order to properly consider discuss and dispose of them and that is why they're on second so let me let me just explain the process to everyone so we're all clear each of these items will require a three-quarter a three quarters vote in order to accept the item late and then it will be referred to the new council in the next term. Is everyone clear on that? Any questions on procedure, process? Councilor Albright.

Are these actually late filed items or were they actually discussed in public safety?

They were not discussed in public safety. They were heard in traffic council.

There was no public safety committee meeting in which to hear them. And so therefore, we're referring them to the new council. But we need to accept them here now.

So the appeals were late filed.

I don't think the appeals were actually late filed. I think they were filed in a timely way. It's just that the timing of the items and the appeals was such that they just came in. prior to this meeting. And so there's no opportunity not only to have a Public Safety and Transportation Committee meeting, but in order to have appeals, there's quite a lot of notice. that needs to go out in a timely way and no way to accomplish that without another council meeting through the end of the term.

All right. We're going to take each of these items separately. I'm going to try to do this on a voice vote. all in favor of approving, excuse me, approving a suspension of the rules on 364.25, which is an appeal of a traffic council decision. regarding the Beacon Street parking lot. All in favor of allowing the suspension, please say aye.

Aye.

The same with 363-25, that's an appeal regarding the Langley Road Triangle. um also the same um all in favor please say aye aye I oppose the eyes have it that two is referred to the next council and then uh We're going to deal with the real property reuse item, Councilor Danberg. And you're just going to report this out even though there's no report.

Thank you, Mr. President. This evening the Real Property Reuse Committee met very briefly before this meeting to... You know what, Councillor Danberg, I err.

This is Grove and Hancock Street, forgive me. Oh. My fault. Grove, and Hancock.

Yes, this is item number 36-24. Grove and Hancock Street. The committee met very briefly before this meeting.

No, Grove and Hancock, we met a bunch of times in this one, Councilor Danberg. I'm sorry.

And what we're looking for is to refer this to the next committee, to the 26-27 committee. Yes, Mr. President, I was under the impression that I had reported this out and that we had referred it, made the request to refer it to the new committee. This procedure is to take a vote on a formal vote on that.

What we're going to do now is just refer this to the new committee. And so if we just report out Grove and Hancock, refer to the next council.

Fine. the vote that was taken to not a motion was made to refer item number 36-24 to the 26-27 City Council. That's correct. And that's the request. And on that request,

So all in favor of referring this to the 2627 Council, please say aye. Aye. Opposed? The ayes have it. This item also is referred. Thank you very much, Chair Danberg. Thank you. And next, I have the following item was put on second call, 143. dash 25, which is the Chapel Street item. I'm going to recognize Chair Kelley to report out that item. And then I'm going to recognize Councilor Oliver, who's placed us on second call. Go ahead, please, Chair Kelley.

Thank you, President Laredo. When the Land Use Committee met on December 9, we took up item 143-25, a request to allow non-accessory parking associated dimensional waivers relative to surface parking lots and to allow retaining while exceeding four feet in height at 56 Chapel Street in Nonantum. This was the third time this item was before us. There is a current special permit that was granted for three units of housing on this site. The request is to allow a parking facility associated with manufacturing use in a residential district. The petitioner asked to put surface parking there instead of the approved housing. That docket item was held in May and they came back in November when it was held again. The Land Use Committee preferred, if not the housing already granted, then a public green open space as there was more than enough parking in this area which is unused and creates a large heat island.

Rebuilding the 9 feet 8 inch high retaining wall at the rear, which by all counts is falling apart, a concern to neighbors, is part of this offer as well. At the December 9th meeting, the request was changed to make a quote horse deal, as they called it. They'd trade the space at this location they want for 20 parking spaces and provide a small private open space at another nearby location. technically 85 Bridge Street, Where is it? 65. 85. That's what I wrote. But it physically is at the corner of Silver Lake and Adams. So it's called 85 Bridge Street. The vote in committee was five in favor and two opposed. Thank you.

Thank you, Chair Kelley. Councilor Oliver, you placed us on second call.

Thank you, Mr. President. I did indeed. So I I'm kind of surprised that I'm the guy who's standing up. speaking on this item on second call. What we're talking about here is a very large property owner in Nonantum who by all means has done very well by the neighborhood. up to this point. They purchased a property that is zoned for residential. There's a special permit, like we just heard, that this body granted about a year and a half ago, I think. for a three-family housing project. The existing house was knocked down. It's a level, empty lot right now.

They purchased it to turn a residential lot into a parking lot in front of their front door. They currently have over 660 parking spaces directly behind their building. It is too massive, and I think massive is probably an understatement, parking lots. It's an ocean of asphalt. I've been walking my dog, Lucy, past this property since I saw this item come along, and I've been taking pictures of the utilization of that lot. or I should say the lack of utilization of that lot. They don't need this parking. They want parking in front of their front door. And I'm shocked

that land use approved a project to allow parking that is not an allowed use in a residential zoned property to increase parking, surface parking, by the way, to get to somewhere closer to 700, or sorry, 675 parking spaces that are dramatically underutilized already. and we approved it. I'm just gonna say, that's not the Newton that I came to know and love in this chamber. I'm shocked by that. I really want to send this message that no, turning a residential lot into a parking lot is not something we approve of. Thank you.

Thank you, Councilor Oliver. Others who wish to speak? Councilor Leary and then Councilor Greenberg.

Thank you, Mr. President. Everything that Councilor Oliver just said is accurate. It took me a long time to come to a decision here and just a few minutes ago President Laredo spoke about compromise. That's what we're doing here. It's right. This area does not need more parking. It's a huge heat island. No question about it. I was very disappointed when the housing went away and the proposal for surface parking went up. We were admirably opposed to it. However, there was an issue with the retaining wall as well. And while this project sat, as no one really wanted to See this parking come along.

As a matter of fact, Attorney Schlesinger would call me and we'd talk about how much I enjoyed talking about 56 Chapel Street. And it was a very frustrating project for me. However, I'm compromising on this because I don't want that, you know, fenced area to last for many, many more, who knows how long it's gonna last. and stay there. And the issue with the retaining wall, the neighbors, the abutters are very much in support of this. and I also want to say that the Ward 1 counselors, particularly myself and Maria Greenberg, work to get some compromise here and that is the green space at the corner of Silver Lake and Adams Street. which removes 20 parking spaces and greens them up. In addition, the parking of 56 Chapel will include

Pervious Surfaces, Light Colored Materials, a Pollinator Garden, more green space, and they put in additional, a budding parking. There's 10 new EV stations there as well. along with also more trees. So there has been an effort to green this up to somewhat mitigate the parking issues. If we leave this alone, it's going to remain as it is for I don't know how long. and we have the neighborhood support for this and we made a compromise that I think at least mitigates some of the heat impacts and I also believe that this is ripe for change. And I don't think we'll be looking at a lot of parking lots necessarily well into the future. I think we have to keep an open mind about it. That's how I came to my determination and you know I am not, I'm always cautious about any new parking and in fact like to reduce parking in our business districts.

And I don't think the city council should be taking on that role about how much parking a business needs. So I urge my colleagues to support that as it is a compromise, that it does make some benefits to the community and the neighbors want it. Thank you very much.

Thank you, Councilor Leary. Councilor Greenberg. and Councilor Albright and Councilor Lucas.

Thank you, Mr. President. I'd also like to acknowledge that it has been a difficult decision for me to support this project. It's not ideal, but is a tolerable compromise. We will, in exchange of this new parking lot, get 6,000 square feet of green space on another part of the property. and the abutters will be getting the retaining wall that they so desperately want fixed. And finally, I want to avoid another situation similar to 386 Watertown Street. where if this project is not approved, the village of Nonantum will be left with another lot surrounded by fencing for years to come. So I urge my colleagues to support this project. Thank you.

Thank you, Councilor Greenberg. Councilor Albright, then Lucas, then Block.

Thank you, Mr. President. First of all, I think my two colleagues from Ward 1 did a very good job of coming up with a compromise that was something that the neighbors wanted and getting some green space in return for turning this into a parking lot. But the most important thing that I think is at play here is that this is a council that talks about supporting business. We've talked about that a lot lately. We have to support businesses and give them what they want. and make sure that they succeed. And as I understand it, this building will be 50% empty come the summer. And the people who own this lot feel that this lot, parking lot is important to try and get some tenants in that building. and we all know that office space, it's difficult to get office space rented these days. If this business feels it needs this lot, then I think we should do it.

So I'm hoping that we'll vote for this as the Land Use Committee approved it.

Thank you, Councilor Albright. Councilor Lucas, please.

Thank you. Yeah, I was one of the people who voted against this in committee. I plan to vote against it again tonight. I don't want to repeat the words that Councilor Oliver said, but he's spot on correct. The only thing I will add is that I understand that this was a compromise. It's just that I wanted to see and I wasn't part of the discussions, but I wanted to see more green space. I mean that parking lot at 85 Bridge Street, it's 600 and something parking spaces, only a handful of them are actually occupied. We should have more green space. there's plenty of room for it. And for some reason we fell short on that. So for the reasons that Councilor Oliver stated, I'm gonna vote no, thank you.

Thank you, Councilor Lucas. I have Councilor Block, Danberg, and then Farrell. Councilor Block.

Mr. President, I find myself in an unusual position disagreeing with Oliver, and Councilor Lucas. I serve on the Land Use Committee I think that the path that this project has taken stinks. The history of this, which Councillor Oliver described, is correct. We approved a special permit for three housing units. and now under a new owner which we don't have control over the proposal is to turn it into parking and that by itself would have been turned down in my opinion unanimously by the land use committee

But the petitioner proposed another modification that they would create an offsetting park on other parking area which they control. and under the circumstances that seemed to me to be a reasonable trade. So whether you want to think about this as assisting a business If you want to think about this as a compromise, think about this as a land swap, I'm going to reluctantly vote in favor of this. Thank you.

Thank you, Councillor Block, Councillor Danberg, then Farrell, then Downs.

Thank you, Mr. President. Through Mr. President, I'd like to ask any one of the board one councillors how many Parking Spaces, this lot will produce.

I think you should ask that to the chair of the Land Use Committee, Chair Kelley, unless you'd rather refer to one of the Ward 1 Councilors.

It's fine. The original request was for 19 spaces, but with this land swap, it would be 20 in a different location.

Thank you. Do you have a further question?

They're giving up 20 spaces to create the green space at the other location. I see. It's for 19 parking spots.

For 19 parking spaces on site. OK, this is not a direction that I normally take, but I think that I agree with the position that we're in a very difficult time now for commercial real estate. in exchange for rentability or increased rentability of this space and the fact that they have done a land swap and are giving up 20 spaces and greening those 20 spaces, I will be voting yes for this.

Thank you, Councilor Danberg. Next, Councilor Farrell, then Councilor Downs, and Councilor Malakie, and Councilor Kelley.

Thank you, Mr. President. I'm one of the members of the Land Use Committee that voted in favor of this. And listening to my colleagues, I am now going to change my mind and vote against it. The land swap itself suggests that more parking isn't needed. It's a swap. And more and more, I think about the fact that we need more residentials. Thank you. Thank you. to have three residential units in this space is justified by changing it to a parking lot, even if it's a swap or some more green space. And as I understand it, there's no guarantee that the green space stays there.

It's not ad infinitum unless I'm willing to be corrected on that. And I think if things get bad enough in terms of the retaining wall, then the owner of the retaining wall has to fix it at some point. Anyway, so I don't believe it's a vote against commercial development because it's a swap in spaces. And I do think we ought to honor the notion that we need more residential space. Thank you.

Thank you, Councilor Farrell. Councilor Downs, then Malakie, then Kelley.

Thank you, Mr. President. I rise because my understanding is if you plan to vote against a land use item, you need to talk to it a little bit.

You do.

I am also a member of the Land Use Committee and have... debated this back and forth with myself but in my initial position like much of the land use committee was we do not need more parking and more asphalt in this area of Nonantum and Downs. Upon reflection, I find myself in agreement with Councilor Oliver.

Thank you, Councilor Downs. Next, Councilor Malakie, then Councilor Kelley. And then if there's no one else, we'll go. And then Councilor Wright, and then we'll call the roll. Go ahead, please, Councilor Malloy.

Yes, so I've been a little ambiguous on this all along, and I'm still listening. I'm inclined to vote against it because I don't think the so-called land swap is first it doesn't seem like it's really a land swap it's sort of like a temporary Rearrangement of Parking and considering that the what they are turning into green space on I guess it's really Adams Street is probably the least used and of their existing underused large parking lot. It just doesn't seem like a good enough swap. And it also doesn't seem permanent. It's unclear to me that if the

Have they ever changed their mind about the parking lot they want to create? The Adams Street newly created spaces would be a permanent thing. All the trees that they're proposing to plant there might just cut down in 10 years or whatever. and also I don't believe that this is analogous to the Watertown Street lot that would stay fenced for multiple years if this is not approved and they can't turn it into the parking lot they envisioned I imagine they would sell it to somebody who would then be able to exercise the already approved special permit for three units. So that's why I think I will be voting against, but I'm still listening.

Thank you, Councilor Malakie. I have Councilor Kelley, Wright, Albright again, and then Leary again. Oh, I'm sorry. Before Councilor Kelley, point of information. Go ahead, please. Councilor Leary.

This arrangement is permanent. It'll be in the deed. And they took the language out to say that they could change it later.

So did everyone hear that? To be clear, this is not a temporary arrangement. It's a permanent arrangement. If they wanted to change that permanent arrangement, they'd have to come back. and amend the special permit. Everyone clear on that? All right, Councilor Kelley. Thank you, Councilor Leary.

Thank you. I did vote against this in committee, and I have been asked to reconsider that vote. So I'd like to just speak to Why I voted that way then and actually why I'm going to continue to vote that way tonight. As has been mentioned, there's much too much unused parking space in this area of town. It is a huge asphaltic heat island. with 669 underutilized parking spaces owned by this entity. Green space, as was recommended, instead of parking was not something that the petitioner wanted to do. And the housing, which we've already approved, they don't want to move forward with. Both of those, I think, would have served a better community purpose. When we look at the criteria,

for a special permit, I always look to see is there some public benefit rather than, it's not our charge to give developers a special permit when we don't find that the public good is being served. As good neighbors in this location, I would hope that these owners would fix that falling apart wall no matter how we vote tonight for both safety and goodwill of the neighborhood. The land trade for the different location constitutes a private open space, not exactly a park. I wouldn't call it a park. It is going to be a green space. that, as I gather, will be fenced and gated, not open to the public, although the gate is used by landscapers, as I understand it, so neighbors could go in and out if they chose. and the petitioner said they might consider putting a bench in there. So I wouldn't call it a park. And I'm just not seeing this as a benefit to the neighbors of the community. So I'll vote against it again tonight.

Thank you, Councillor Kelley. Councillor Wright. Go ahead, please. Sorry about that. Go ahead, please.

This is completely open and unobstructed. There is a pedestrian gate that people can go through. It will have benches. It will have green space. It will have trees. So it is a little park or a little green space. You could have luncheon. So I just want to say that.

Thank you. Councilor Wright.

Thank you, President Laredo. This one was a difficult decision, and I'm still listening to everyone. I support businesses, but what has been brought up, and when I go by here, there are So many open parking spaces. And just making this more parking doesn't seem right. I would have liked to seen even more green space elsewhere than what is there. giving for the swap. So at this point, I'm still listening, but I'm probably going to be voting no.

Thank you. Thank you, Councilor Wright. Councilor Albright, then I'm sorry, hold on. Albert, you've spoken already. I'm going to recognize Councilor Humphrey, Micley, Baker, Getz, Grossman. All right, folks, I can only write so quickly. All right, so let me just go here. Councilor Humphrey. Then Micley, Baker, Getz, Grossman. Anyone else I haven't? Oh, Greenberg again. and Albright again. All right. I think I got all of that. So with that, Councilor Humphrey, go ahead, please.

Thank you, Mr. President. I'm just associating myself with the remarks from Councilors Oliver, Downs and Kelley.

Thank you very much. Councilor Micley.

Yeah, echoing, I'll be voting the same way. And for those that haven't, I recommend taking a look at an aerial photo of this neighborhood and just seeing the abundant supply of parking in all directions, north, south, west and east. It's an ideal spot for residential Thank you. Thank you, Councilor Micley.

Councilor Baker.

Thank you. I've been hearing our colleagues, and if I vote against it, I want to associate myself with the comments of the chair of land use. I do want to ask a procedural question. If this item is denied, the prior special permit still obtains

Prior special permits still exist, but there's Of course, no obligation for the petitioner to exercise it.

No, I understand. But if this item fails, then the item can't be brought back to the council. So I just want to be clear on the impact.

That is correct, Councilor Baker. Thank you. Councilor Getz.

to Emerizing because I'm not supportive. I'm listening to my fellow councillors, but at this point, I'm not hearing anything that is convincing and I'm appreciating the amount of work that went into creating the the housing units on that site that was approved. And so at this point, I'm not supportive.

Thank you, Councilor Getz. Next, I have Councilor Grossman.

Thank you, Mr. President. I came in with an open mind on this one. I've been persuaded by my colleagues who are voting no for the reasons that they've stated to vote no, and that's why I rise.

Thank you. Thank you very much. Anyone else who's not spoken previously? Seeing none, I'm going to recognize Councilor Albright, then Councilor Greenberg, and then unless someone else has something to say, we're gonna vote it out. Go ahead, please, Councilor Albright.

Thank you. So when I first raised my hand, I wanted to make sure that people knew that the green space was permanent. So Councilor Leary had already spoken about that. I just hope that if we vote this down, we don't end up with another vacant lot in Nonantum. permanent vacant lot. And I'm a little surprised with a building that is going to be 50% empty that this council isn't willing to help out a business that thinks that needs the parking in this location. I'm wondering maybe there was a conversation in land use saying, you know trying to find out why they needed this space and I assume that there was that's the reason why it was approved in the first place.

But for a council that speaks all the time about helping businesses out, and for a business that's got an office building that's 50% empty, and we're going to vote, say, no, you can't do what that business wants. This makes no sense to me.

Thank you, Councilor Albright. Councilor Greenberg, I think you get the last word this evening.

Well, I don't think I'll change any minds, but I just want folks to be aware that this new green space is going to be in an area that's full of construction trucks right now and Heaps of landscape material. And this will be a vast improvement to the neighborhood. So it will be an amenity to the neighborhood. It will help the business. The business wants to have this parking lot directly by their front door to attract more tenants. So those are the two reasons why I will be supporting this project. Thank you.

Thank you. All right. Singh, oh, Councilor Farrell, do you want to add a, you get the final, final word this evening.

Thank you, Mr. President. I would just like to reassure my colleagues that I for one am both pro-business and pro-housing. So I don't think my vote against this particular solution is against business whatsoever. I also don't know whether anyone here knows who is going to maintain this park in perpetuity. Whether it's going to be transferred over to Parks and Recreation, whether they keep it, whether they can do whatever they want. I just don't know.

Point of order, colleagues. It stays as private property. and there are frankly are good legal reasons that a landowner would not want to say this is a public park. There's a difference between that and allowing the public access to it, which the petitioner has said they would do. Hope I answered that. Okay. With that, we're going to call the roll. If you vote yes or aye, you're in favor of this proposal. No or nay, you're against it. So majority vote. Go ahead, please. Pardon? The clerk reminded me you need 16 votes, not 12. Okay? 13. My apologies on that. So with that, we're going to call the roll, please.

Councilor Albright. Aye. Councilor Baker. No. Councilor Bixby. Aye. Councilor Block. Aye. Councilor Danberg. Aye. Downs.

No.

Councilor Farrell.

No.

Councilor Gentile. Councilor Getz.

No.

Councilor Greenberg.

Aye.

Councilor Grossman. No. Councilor Humphrey. Councilor Kalis.

Aye.

Councilor Kelley. No. Councilor Krintzman.

Aye.

Councilor Leary. Aye. Councilor Lipof. Aye. Councilor Lobovits?

Aye.

Councilor Lucas? No. Councilor Malakie? No. Councilor Micley?

No.

Councilor Oliver? Nope. Councilor Wright?

No.

President Laredo?

Aye.

On this vote, the ayes are 10, the nays are 13.

The item does not pass. That concludes our business both for this evening and for this term. Thank you all again very much and look forward to seeing many of you, if not all of you, very soon. The colleagues, as I just, as you exit colleagues, just want to remind you that for our departing counselors or citations, from our state delegation that they were kind enough to provide to all of us who are departing.

Thank you.

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