2026-10-15 - Urban Affairs Committee

0:01Good evening, everybody. I'm going to

0:02call the City Council Urban Affairs

0:04Committee meeting to order. It is

0:06Thursday, October 15th. We have one item

0:08on our agenda.

0:10Order number 26 19819,

0:14a continued review of the application

0:16for a special permit from attorney

0:17Christopher Flood on behalf of Boston

0:19Brewins LLC to construct, own, and

0:22operate a drive-thru only coffee shop in

0:25an existing building at 2 Mount Royal

0:27Avenue.

0:28Uh attorney Flood is here. Uh Mr.

0:31Solomonson is here again, the design

0:33engineer. And you have two new people if

0:35you would like to introduce them and

0:47You make sure that there's a red light

0:49on on those, please.

0:51>> All right, we're live. Uh

0:53Josh Klein, again with Stonefield

0:55Engineering Design. I'm the traffic

0:57engineer on the project. Um I'm also a

0:59licensed engineer in the state of

1:01Massachusetts as well as eight other

1:03states.

1:04>> Thank you, Mr. Klein. And you are?

1:07>> Peter Belceto. I'm a a partner in Boston

1:09Brewins LLC.

1:14>> All right. Um we are as I said, we're

1:17reviewing what we started with at our

1:19last meeting. Everybody received from

1:21attorney Flood a revised decision that

1:24incorporated everything that we had

1:26discussed at the last meeting, some

1:28language. And then we were sent a

1:32document from the solicitor where he had

1:34taken the language from attorney Flood

1:37and sort of done his own iteration. So,

1:39we have um

1:41that document in

1:43redline

1:45uh as well with a new document that

1:48incorporates those into the final

1:51document. So, I will see if attorney

1:53Flood wants to make any opening remarks

1:55or anybody else does, and then we can go

1:57through this.

1:58>> Just to make you aware, so we did adopt

2:00all of the recommendations that this

2:03board had at the last meeting with one

2:05exception. So, initially we had a one

2:09paragraph traffic plan and um

2:13the city solicitor sent it back revising

2:16it slightly and then just today he and I

2:19had a both a conversation and email

2:21exchange and we came back with some

2:23further revisions looking to sort of see

2:25if we can work out some language that is

2:28comfortable for both your board as well

2:30as as the clients who are going to open

2:32this facility. So, I think that um

2:36attorney sent you the redline version so

2:39you can see what it is that we did.

2:41>> I believe so and you

2:42>> and have you approved

2:43>> either you sent or he sent a

2:47clean copy.

2:48>> I did. I sent it.

2:49>> It has the redline incorporated cuz I

2:51went through them and

2:53>> Correct. Yes, his has the redline in it

2:55and mine cleaned it up and just copy and

2:56paste it onto um

2:58>> Okay, so we'll go through all of that

3:00and then if people have questions

3:02especially on the traffic management

3:04which will get incorporated into this, I

3:06will just quickly go through. I'm not

3:09going to go through and reread all of

3:11this. I will just note that the typo on

3:14page two um

3:16with the typo on page one is the coffee

3:19shop was corrected. Brew was added onto

3:22page two and number seven and then on

3:25page

3:27three

3:29we have the landscaping that was

3:31suggested by Priscilla Rider. They've

3:33incorporated that.

3:35Also seven and eight are the storm water

3:38and erosion control management and the

3:40long-term storm water management

3:42suggested by Tom DePersia from city

3:44engineer

3:46and those have been incorporated.

3:49We had discussed at our last meeting and

3:52the petitioner had agreed to the

3:54operating hours, which is now

3:56incorporated. They will be from 5:30

3:59[snorts] a.m. to 10:00 p.m. Sunday

4:00through Thursday and 5:30 a.m. to 11:00

4:03p.m. Saturday Friday and Saturday. And

4:06then noise, the applicant shall abide by

4:09all applicable noise ordinances in the

4:11city of Marlborough.

4:13Signs, the locations and design of

4:16signage shall be reviewed and approved

4:18by the city of Marlborough in accordance

4:20with the sign ordinance of the city of

4:21Marlborough.

4:23Trash, the applicant its successors and

4:25or assigns agreed to keep dumpsters

4:28covered and to screen the trash. No

4:30trash pickup shall occur before 7:00

4:32a.m. or after 7:00 p.m.

4:35And then new to this is traffic

4:37management plan.

4:39Prior to the commencement of operations,

4:42the applicant its successors and or

4:44assigns shall develop a traffic

4:46management plan for the use at the site,

4:49which shall be reviewed and further

4:51conditioned during the site plan review

4:53process.

4:54The traffic management plan shall

4:56address any offsite traffic conditions

4:58associated with the use

5:01including the grand opening and any

5:02subsequent promotional events such as

5:06monthly promotional events

5:08>> [snorts]

5:09>> at the site that may generate or cause

5:10increased traffic. At the end of a

5:1360-day period following the commencement

5:16of operations,

5:18the applicant may seek to review

5:21the traffic management plan to determine

5:23whether any updates are needed. Any

5:25further modifications or updates to the

5:28traffic management plan will be reviewed

5:30with the city of Marlborough police. A

5:33copy of the approved traffic management

5:35plan and any updates to it shall be

5:38provided to the city council.

5:40And then number 14, police details is

5:43broken down into two parts by the

5:46solicitor. A, the initial opening

5:48period.

5:50The applicant, its successors and or

5:52assigns, shall employ a City of

5:54Marlborough police detail at the site

5:57during all operating hours for the first

5:59two weeks after the commencement of

6:02operations. Notwithstanding the above,

6:05the chief of police

6:09may determine that a police detail is

6:11not necessary for any portion of the

6:13initial opening period in a letter filed

6:16with the City Council.

6:18B, promotional events. The applicant,

6:21its successors and or assigns, shall

6:23employ a City of Marlborough police

6:25detail at the site during the hours of

6:27the first promotional event associated

6:30with the use that may generate or cause

6:33off-site traffic, including an event

6:36such as 7 Brew Jackpot Day.

6:38The applicant shall provide reasonable

6:40advance notice of such promotional

6:43events to the chief of police

6:45as may be required by the chief of

6:47police. Notwithstanding the above, the

6:50chief of police may determine that a

6:52police detail is not necessary for the

6:55promotional event or in a letter filed

6:58with the City Council.

7:01I think that sentence needs some fixing.

7:04Um, C, in the event a City of

7:06Marlborough police detail is not

7:08available when required by this special

7:11permit, the applicant, its successors

7:12and or assigns, shall obtain a private

7:14detail. And then a new 13 is

7:19Actually, that needs to be changed to be

7:2115. I knew I needed to make a note. Um,

7:24the recording of the decision.

7:27So, I guess that I'll go back to the

7:29last sentence in the B part.

7:31Notwithstanding the above, may determine

7:34that a police detail is not necessary

7:36for the promotional event in a letter

7:38filed with the City Council. Not the or

7:41Do we need the or? We just want him to

7:43let us know in a letter?

7:46>> Probably we don't need the or.

7:48>> Oh, you're you're okay with just having

7:50the chief of police send us a letter?

7:53Okay.

7:55All right, anybody else with questions,

7:58comments? Do we want to discuss the

8:01traffic management plan, which we were

8:03given the

8:05details of?

8:07Which I may have left. There it is.

8:10Or are you having read it, or is

8:13everybody comfortable? Um

8:15I know when I talked to the solicitor,

8:19he indicated that this would be

8:23discussed in site plan as part of that.

8:26It doesn't say that in here. Oh, it

8:28does, during the site plan review

8:30process.

8:31Um so, is everybody okay with letting

8:33site plan finalize this?

8:36Uh any concerns we want to send to them

8:40regarding it, or we okay with

8:43the um

8:47information that's in here? Counselor

8:48Austin?

8:49>> Thank you, Madam Chair. So, I'm okay

8:51with going to site plan cuz the chief of

8:53police is on there. I did have a

8:54discussion with the chief, and he

8:57you know,

8:59my words, overthinking this a little

9:01bit. Um so, he wants the out to say, you

9:03know, if if there's no issues, he can

9:06say we don't need details, which I think

9:08it's adequately captured here

9:11uh with the revised wording that yes,

9:13we'll have them, but if the chief sits

9:15there and says that day one there's

9:16nothing going on,

9:17we're not going to wait and there's no

9:19different than what we did for the later

9:21marijuana facilities. We just said,

9:23"Hey, we had it in the language, and if

9:24the chief says it's not an issue, then

9:27they don't need any details."

9:29>> Right. And and I think the concern, I

9:31know you weren't at our original

9:33meeting, but the concern was that this

9:35is a new establishment. There aren't

9:38I think the only other one is in

9:40Springfield.

9:41>> That's correct.

9:42>> Which is far enough away that people in

9:44Marlborough or in surrounding close

9:46surrounding communities may not have

9:48heard of you, may want to come, may not

9:51come the first couple of weeks and then

9:53may start trickling in so that it could

9:56be fine for the first two weeks and then

9:58it could be crazy for

10:02afterwards. So I think it's important to

10:04have the distinction between the initial

10:06opening and then the promotional events

10:08where in those cases the chief of police

10:12is on notice that

10:15the potential is there. I'm okay with

10:17this language. I'm glad that you

10:20were able to

10:22Tune Smith and I know when I saw your

10:24draft I called the solicitor and and he

10:27had suggested he was going to

10:29sort of separate it into a couple

10:32different pieces and then have a

10:33conversation. So if you're good with it,

10:37if counselor Naben.

10:38>> Thank you Madam Chair. I agree with the

10:40comments you made and

10:41the comments by the president as well. I

10:44think the

10:46issue that we were concerned about, you

10:47know, was addressed here

10:49in the document and the back and forth

10:51with the solicitor has been helpful.

10:53If the president and the chief,

10:55if we may be so bold to put words in his

10:57mouth,

10:59you know, suggesting that we may be

11:00overthinking it, I think is true right

11:02and there's a little bit of concern

11:03here. I'm comfortable with this because

11:05as I read it and someone please correct

11:07me if it's a misinterpretation,

11:10but by providing a two-week period it's

11:12certainly less of a burden on the

11:13applicant. A 60-day period when you have

11:16such extensive hours and four-hour

11:17minimums for details is going to be, you

11:19know, is going to be a challenge

11:20especially as you're getting off the

11:21ground. So

11:22>> Frankly that scared us.

11:23>> Sure

11:24and and as it should. So I'm sympathetic

11:27to that cause for concern and also

11:30comforted by the fact that the city

11:32through the language in the special

11:33permit, could require another look at

11:35the traffic management plan, which then

11:36could tweak the need.

11:38If it is, you know, and I hope you are

11:40that successful, but if there are

11:41concerns that we could then look at the

11:43management plan and the our site

11:45professionals could look at that. Um and

11:47understand that there's a need and go

11:49back at it. So, I am comfortable with

11:51this.

11:51>> Thank you.

11:51>> And I think the plan itself has the

11:54language that the vehicle queues would

11:56be kept internal to the site and

11:58wouldn't allow to be overflowed, which

12:01means to me that you would be sending

12:03cars

12:04home.

12:05Go somewhere else, but you can't stay

12:07here.

12:07>> We were hoping to come up with a

12:08compromise that would, you know, keep

12:10this board satisfied, but not be

12:13over-over burdensome to the applicant,

12:15cost them a an inordinate amount of

12:17money for a police detail for 12 hours a

12:20day for 60 days. Uh we don't even we

12:23haven't even calculated that cost, but

12:25um

12:26and allow us some ability to show you a

12:28traffic plan that we think is

12:29reasonable. They do have a number of

12:31other locations, so they are familiar

12:32with how it works at the beginning, how

12:35long their opening period is, how it

12:38works during the promotion giveaways.

12:40So, that's why we kind of brought a

12:41little more of the team tonight. We

12:43weren't certain response or to answer

12:45the questions, but seems like we have,

12:47so I'm happy about that.

12:48>> And Counselor Prosciutto, I saw your

12:50hand.

12:50>> Thank you, Madam Chair. Um

12:52I

12:53I do like [clears throat] the traffic

12:54management plan. It's good. I think it's

12:56fair. Um I know, you know, our main

12:58concerns are the residents of of the

13:00city and I think, you know, with these

13:02precautions set in place, it gives you

13:04guys an opportunity to, you know, pivot

13:07wherever you guys need to and still, you

13:09know, keep in mind with with what we

13:11want to see um in terms of traffic and

13:13in terms of flow and of course keeping

13:15your business afloat or you know,

13:17running.

13:19I [clears throat] do have a question

13:20about um very small detail about the

13:22traffic flow um in terms of signage. Um

13:28and

13:29um

13:30my concern my only concern right now

13:32with this flow is that there might be

13:34cars coming into

13:36this extra driveway off of Mount Royal

13:39Avenue that goes into the businesses

13:40that already exist. I don't know if the

13:43landlord there could add signage that

13:45says, you know,

13:46this is not an entrance for the coffee

13:48shop. I would hate for traffic to be

13:50crossing in this way. You know, and

13:51trying to get into the queue. That's

13:54Um but that's my only concern.

13:55>> would not be able to turn from where

13:57Mount Royal?

13:58>> Um so there are two two driveways off of

14:00Mount Royal. One is for the for the

14:02business

14:04um and then the other is for would be

14:06for the coffee shop, right? Um

14:08>> I think there's only one access road on

14:11Mount Royal.

14:12>> I

14:12>> Correct?

14:13>> Yeah, I think about answering it's the

14:14the two drive There's one drive alone

14:16drive aisle in front of the daycare and

14:18then the other

14:18>> the one over there.

14:20>> I know in our initial part of site plan

14:22review we discussed um with the engineer

14:24at the time like directional signage.

14:25>> Okay.

14:26>> Um which would be something we I know we

14:28would we'd like to have and we've

14:29already kind of worked with the the

14:31greater property owner on having that

14:33throughout the site.

14:34>> Yeah, it'd be great to have some kind of

14:36warning there for for, you know, your

14:37customers and um just

14:39>> That's responsible.

14:40>> Yeah, yeah, just be sure that you know,

14:41this is not the entrance. The entrance

14:43is actually over here. I'd hate for

14:44people to be cutting

14:45>> with PBE. They're they're open to that.

14:47>> Okay, great. Thank you.

14:48>> Thank you.

14:48>> Um other than that, I'm I'm good with

14:51>> All right. And to go along those lines,

14:52I know I had suggested um and I would

14:55assume that you'll have wayfaring signs,

14:57but there'd be a sign

14:58at the

15:00turn back onto Mount Royal where if you

15:03want to go east

15:05you would take a right, but if you want

15:08to go west

15:11um or I guess at the exit of the the

15:15site um

15:17if you want to go west, you've got to

15:18make a left and go on Mount Royal back

15:20down to Glenn and come out at the lights

15:24to go. Cuz you can't turn left on

15:27Lakeside at that spot. So just for

15:30people who may not know the area and may

15:32be driving down Lakeside and going, "Oh,

15:35there's a coffee shop. I'm just going to

15:37go in and check it out." And then how do

15:38I get out of here and go back? Man,

15:41maybe they're really going east, so it's

15:43not an issue, but um if you can keep

15:46that in mind when you go to site plan,

15:49um

15:49>> Thank you.

15:51>> Otherwise, my assumption is if

15:52somebody's coming, regardless whether

15:54they're coming off a 20 or coming up

15:56from Mount Royal, once they make that

15:58turn onto that driveway,

16:00you're going to have signs to go left,

16:02not right, because that's where

16:04>> Right.

16:05>> the building will be.

16:08All right. Um Council Duset, I I know

16:10you were late with the issues that you

16:13had with your family, so I don't know if

16:15you had a chance to review the documents

16:17that came.

16:18>> I did review the documents. I appreciate

16:20the questions, but basically because I

16:22lost the dialogue, I couldn't listen to

16:24this on the way in, so

16:26I'm not sure what's been covered or not,

16:27so I don't want to start anything that's

16:29already been covered or

16:30>> Uh I read through all all of the new um

16:34number 14

16:37>> Yep.

16:37>> um with the police detail, and we were

16:40really just talking about the traffic

16:42management plan, which will be

16:44>> issue.

16:44>> finalized at site plan, but is in here

16:47as um

16:49a document.

16:50>> Yeah. I I thought it was a reasonable

16:52first stab as far as traffic plan. You

16:54know, you've gotten feedback already,

16:56you'll get more in site plan.

16:58Uh but I think the changes were very

17:00appropriate so far.

17:02So, um

17:04if you're looking for someone to

17:05approve, motion to approve.

17:07>> All right. It has been moved and

17:09seconded to recommend approval of the

17:12updated

17:14uh special permit. Is there a

17:16discussion?

17:17Sorry, Council Pertillo.

17:19>> Thank you, Madam Chair. I'm tucked away

17:20over here. No, I just wanted to really

17:22quick, not reiterate, but completely

17:24agree with a lot of my colleagues on all

17:26of these points. I know that I brought

17:27up some concerns based on the first

17:29traffic study that we saw.

17:31And my other main concern was just the

17:33businesses existing in the office park.

17:35And I can see here in the management

17:36plan you guys are going kind of above

17:38and beyond, it seems like, to to make

17:39sure that those businesses are aware of

17:41what's going on. I appreciate the note

17:43the notices being sent out. I assume

17:45those will be paper notices sent.

17:47It seems like you'll also have a point

17:49of contact, right? For them to reach out

17:50to on a regular basis.

17:52All of this really kind of meets what

17:54what I brought up at the last meeting

17:56and and wanted to see addressed. So,

17:58you know, I appreciate you guys taking

17:59that time and and definitely looking

18:01forward to supporting this and giving

18:03you folks an opportunity, right, to to

18:04have this business be successful, while

18:06also making sure the neighbors

18:08right the existing businesses are taken

18:09care of and that we're all able to have

18:11a a good good environment down there.

18:13So, it seems like we're on the right

18:14track and

18:15>> Thank you for saying something. Thank

18:17you.

18:17>> And you will have a building site at

18:19Richer School, which is down the hill

18:21from where you will be. So, you may have

18:25some potential new customers from all of

18:27the

18:28construction workers coming to the site.

18:31So, you can

18:32use that as a way to promote your

18:34business, too. So, it's been moved and

18:37seconded. Is there further discussion?

18:41All those in favor.

18:431 2 3 4 5. All those opposed. All right.

18:47So, we are a subcommittee. Uh we do have

18:50a couple of members here that aren't

18:51voting. So, if you wondered why people

18:53didn't raise their hands.

18:54>> Madam Chair.

18:55>> They're here.

18:56>> Uh does this need to get an exception to

18:58get it passed?

18:59>> I believe it is on the agenda as reports

19:03of committees. Did I notice that?

19:06>> You are correct, Madam Chair. You just

19:08have to make a motion to suspend the

19:09rules, refer to the solicitor, put in

19:10proper format, and then as Council

19:12Dusette said, we'd be able to vote at it

19:14on our

19:15November

19:1716th, 19th, what is it? 19th meeting?

19:20>> I don't have a calendar in front of me,

19:22but whatever our next meeting is.

19:25>> 16th?

19:26>> Thank you. So, I will ask to suspend at

19:29a meeting on Monday where the full

19:31council meets to refer it back to the

19:33solicitor. He'll just go over

19:34everything.

19:36I think the only thing that needs to be

19:37fixed is changing 13 to 15, but he'll

19:40>> And and removing a

19:42stray word in

19:44a

19:4514b.

19:47>> Yes, and remove Sorry. Thank you for

19:48reminding me that. Yes, the stray word.

19:51>> I'll make those two corrections and send

19:52it back to the city solicitor.

19:53>> And then he'll have it on the next

19:55council agenda in proper form. We'll be

19:57able to have the full council vote on it

19:59then.

19:59>> So, at your next meeting you suspend the

20:02rules and move it to the meeting in

20:04November, just so I understand.

20:05>> Yes, it'll go to the solicitor for final

20:07form. It'll be back on the agenda in

20:10November in final form from the

20:12solicitor with a letter saying it's

20:13ready to be voted on and it will take

20:16eight votes of hopefully 11 members.

20:21>> Maybe two members are absent.

20:21>> We have a missing member that is in the

20:24reserves and got called back and he's

20:26alluding to the fact that he's

20:29around, so

20:30>> comes out of this committee with a

20:31positive recommendation.

20:33>> out with a recommendation of five to

20:36zero, so that's

20:37>> The next meeting is on on either the

20:39next meeting or second any kind of

20:41representation anything on in November

20:44the meeting.

20:44>> need anything? No. Once this is approved

20:48by us, it goes to the mayor for

20:49signature.

20:51There's a

20:5321-day period and then the Council

20:56O'sings

20:56>> So, it's a special permit, so the mayor

20:58has nothing to do with it. I would sign

20:59the special permit if the council

21:01approves it and then there's a 20-day

21:03day appeal whatever the appeal period

21:05is. So, if it gets suspended on our

21:09Monday meeting it goes to solicit will

21:11be on a November 2nd agenda we vote

21:13November 2nd

21:15if everybody's happy and it passes I

21:17then sign it and then the appeal period

21:19the city clerk will give you the details

21:21on the appeal period and that will run I

21:22think it's 21 days.

21:25>> I think it comes back to me and I record

21:26it at the register.

21:27>> Then you record it and then you're off

21:28and running.

21:29>> Yep.

21:29>> And then you go back to site plan for

21:30final for site plan and then a building

21:33permit.

21:33>> Very good.

21:34>> So you are on

21:36track to be

21:40moving along in early December which is

21:42not the best time but

21:44if you're just plopping something down

21:46on a

21:47on a concrete path it may make it a

21:50whole lot easier.

21:52All right is there any further

21:55discussion?

21:56>> Move to adjourn.

21:57>> It's been moved and seconded to adjourn.

22:00All those in favor?

22:02>> Thank you all.

22:02>> We are adjourned. It is

22:077:22.