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City Council 36 Court Street

Springfield, MA 01103
Hearings Meeting http://www.springfieldcityhall.com

~ Draft ~ Anthony I. Wilson


413-787-6096

Monday, November 27, 2017 7:00 PM City Hall--Room 220

Hearings
7:00 PM Meeting called to order on November 27, 2017 at City Hall--Room 220, 36 Court
Street, Springfield, MA.

Attendee Name Title Status Arrived


Melvin A. Edwards Ward 3 Councilor Present
Timothy C. Allen Ward 7 Councilor Present
Timothy J. Rooke At-Large Councilor Present
Adam Gomez Ward 1 Councilor Present
Kateri B. Walsh At-Large Councilor Present
Marcus J Williams Ward 5 Councilor Present
Thomas M. Ashe At-Large Councilor Present
E. Henry Twiggs Ward 4 Councilor Present
Kenneth E. Shea Ward 6 Councilor Present
Michael A. Fenton Ward 2 Councilor Present
Justin Hurst Vice-President Absent
Bud L. Williams At-Large Councilor Present
Orlando Ramos President- Ward 8 Councilor Present

Moment of Silence - Pledge of Allegiance

Petitions

1. Petition (ID # 4321)


75 Chestnut Street - COMCAST

ATTACHMENTS:
Petition 75 Chestnut (PDF)
Plan 75 Chestnut (PDF)
08-10-2017 Minute 75 Chestnut- COMCAST (DOC)
COMCAST REPORT - 75 Chestnut 11-8-2017 (PDF)
11-8-2017 Chestnut St. Comcast (PDF)

RESULT: PASSED BY VOICE VOTE

2. Petition (ID # 4323)


Petroleum Storage at 1830 Wilbraham Road

ATTACHMENTS:
2017_11_22_11_48_31 (PDF)

City Council Page 1 Printed 11/28/2017


Hearings Meeting Minutes November 27, 2017

RESULT: PASSED BY VOICE VOTE

Zone Changes

3. Zoning Ordinance (ID # 3964)


To Change the Zoning of the Properties Known as SS Boston Road (01655-0693), WS
Lamont Street (07470-0003) and ES Morton Street (08860-0134) from Business a to
Residence C.

PETITIONER: Nicholas L. Graham

ADDRESS: SS Boston Road, WS Lamont Street


and ES Morton Street

CHANGE REQUESTED: Bus A to Res C

HISTORY:
05/01/17 City Council RECEIVED 1ST STEP
Next: 06/26/17
05/03/17 Planning Board MOTION TO CONTINUE
Next: 06/21/17
06/21/17 Planning Board APPROVED
06/26/17 City Council

Layed on the table.


08/21/17 City Council MEETING CANCELED
Next: 11/27/17

Attorney Ellen Freyman, representing the petitioner, stated that they would like to have the
matter continued to the November meeting.
Motion to continue by Councilor Edwards and Seconded by Councilor Walsh. Councilor
Fenton abstained from the vote.

COMMENTS - Current Meeting:

Prior to opening the hearing, the council was informed that counsel for the petitioner
requested that the matter be continued until February.

Councilor Edwards made a motion to continue. Seconded by Councilor Williams. Motion


passed unanimously.
ATTACHMENTS:
3188_Boston_Rd_461_2017_CC (PDF)
Request for continuance (PDF)

Special Permits

4. Petition (ID # 3928)

City Council Page 2 Printed 11/28/2017


Hearings Meeting Minutes November 27, 2017

For a Special Permit to Allow for the Construction of a New Fourteen (14) Unit Residential
(Townhouse) Development at the Properties Known as SS Boston Road (01655-0693), WS
Lamont Street (07470-0003) and ES Morton Street (08860-0134), as Allowed by the
Springfield Zoning Ordinance, Article 4, Table 4-2 and Table 4-4, Section 2.3(1) and M.G.L.
Request: See Above
Owner: Nicholas L. Graham
By: Nicholas L. Graham
Petitioner: Nicholas L. Graham
By: Nicholas L. Graham

HISTORY:
06/26/17 City Council LAY ON TABLE
Next: 08/21/17

Councilor Marcus Williams moved to tabled the item. Seconded by Councilor Walsh
08/21/17 City Council CONTINUE
Next: 11/27/17

Attorney Ellen Freyman, representing the petitioner, stated that they would like to have the
matter continued to the November meeting.
Motion to continue by Councilor Edwards and Seconded by Councilor Walsh. Councilor
Fenton abstained from the vote.

COMMENTS - Current Meeting:

Prior to opening the hearing, the council was informed that counsel for the petitioner
requested that the matter be continued until February.

Councilor Edwards made a motion to continue. Seconded by Councilor Williams. Motion


passed unanimously.
ATTACHMENTS:
SS_Boston_Rd_Tax_Formal (PDF)
Boston_Rd_461_2017 (PDF)
Request for continuance (PDF)

RESULT: CONTINUE

5. Petition (ID # 4068)


For a Special Permit Involving Exterior Renovation and New Construction Totaling More
Than One Thousand (1,000) Square Feet at the Property Known as 600 Belmont Avenue
(01235-0110) in Accordance with the Springfield Zoning Ordinance, Article 8.1, Section
8.1.31(A) (Neighborhood Commercial Design Overlay District) and M.G.L.
Request: See Above
Owner: Cui Qing Zhang
By: Cui Qing Zhang
Petitioner: Cui Qing Zhang
By: Cui Qing Zhang

HISTORY:
08/21/17 City Council CONTINUE
Next: 11/27/17

City Council Page 3 Printed 11/28/2017


Hearings Meeting Minutes November 27, 2017

Motion to continue by Councilor Shea and Seconded by Councilor Walsh.

COMMENTS - Current Meeting:

The hearing was opened.

Johnny Hatchet, the Contractor, spoke in favor of the special permit. He stated that the
owner wants to make exterior renovations to the property.

Jane Hetzel, representing the Forest Park Civic Association, spoke in favor of the petition.

No one spoke in opposition.

In response to a question from Councilor Shea, Mr. Hatchet stated that he was not sure who
would occupy the building at this time.

In response to a question from Councilor Walsh, Phil Dromey from the office of planning and
economic development, explained that the because the property is in the overlay district the
owner needs a special permit for exterior renovations.

Public hearing closed.

The Council unanimously voted to approve the permit for the following reasons:

1. The specific site is an appropriate location for such a use, structure, or condition.

2. The use as developed will not adversely affect the neighborhood.

3. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.

4. To incorporate the Planning Staff analysis into the decision at the basis of the findings.
ATTACHMENTS:
Belmont_Ave_600_Tax_Formal (PDF)
Belmont_Ave_600_Nov_2017 (PDF)

RESULT: APPROVED [12 TO 0]


AYES: Edwards, Allen, Rooke, Gomez, Walsh, Williams, Ashe, Twiggs, Shea,
Fenton, Williams, Ramos
ABSENT: Justin Hurst

6. Petition (ID # 4191)

City Council Page 4 Printed 11/28/2017


Hearings Meeting Minutes November 27, 2017

For a Special Permit Motor Vehicle Rentals at the Property Known as 12 Odessa Street
(A.K.A. 265 Pasco Road) (09235-0004), as Allowed by M.G.L. and the Springfield Zoning
Ordinance, Article 4, Table 4-4, Section 12.2 and M.G.L.
Request: See Above
Owner: Sharma Realty, Inc.
By: Ricky Sharma
Petitioner: Pasco Road Convenience & Smoke
Shop
By: Ricky Sharma

HISTORY:
10/23/17 City Council CONTINUE
Next: 11/27/17

Councilor Fenton made a motion to continue. Seconded by councilor Edwards.

COMMENTS - Current Meeting:

Prior to opening the hearing Councilor Walsh made a motion to continue. Seconded by
Councilor Fenton.
ATTACHMENTS:
Odessa_St_12_Tax_Formal (PDF)
Odessa_St_12_2017 (PDF)

RESULT: CONTINUE Next: 12/11/2017 7:00 PM

7. Petition (ID # 4279)


For a Special Permit for the Alteration of a Non-Conforming Structure (Additional Housing
Units), at the Property Known as 122 Chestnut Street (02750-0038) as Authorized by
M.G.L. and the Springfield Zoning Ordinance, Article 10, Section 10.1.30.
Request: See Above
Owner: 122 Chestnut Street, LLC
By: Leon Charkoudian
Petitioner: Silverbrick Group, LLC
By: Aaron J. Papowitz

COMMENTS - Current Meeting:

Council conducted a joint hearing on items 7 and 8.

Joseph Matty, the Architect for the Petitioner, spoke in favor of the petition. He explained
that they would renovate the property to add 15 residential units.

Tom Grecko, a Director of the Petitioner, stated that the signage would be same as some of
the Petitioner's other properties.

No one spoke in opposition.

City Council Page 5 Printed 11/28/2017


Hearings Meeting Minutes November 27, 2017

Councilor Fenton made a motion to add condition #9 to the special permit that states: "all
units be sold as market rate units." Seconded by Councilor Ashe.

The Council unanimously approved the motion.

Councilor Fenton made a motion to remove condition #9. Seconded by Councilor Gomez.
Unanimously approved by the Council.

Public hearing closed.

The Council unanimously voted to approve the permit for the following reasons:

1. The specific site is an appropriate location for such a use, structure, or condition.

2. The use as developed will not adversely affect the neighborhood.

3. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.

4. To incorporate the Planning Staff analysis into the decision at the basis of the findings.
ATTACHMENTS:
Chestnut_St_122_Tax_Formal (PDF)
Chesnut_St_122_Residential_Nov_2017 (PDF)

RESULT: APPROVED [12 TO 0]


AYES: Edwards, Allen, Rooke, Gomez, Walsh, Williams, Ashe, Twiggs, Shea,
Fenton, Williams, Ramos
ABSENT: Justin Hurst

8. Petition (ID # 4284)


For a Special Permit for the Installation of Wall Sign(S), to be Located Above the First Floor,
at the Property Known as 122 Chestnut Street (02750-0038), as Authorized by M.G.L. and
the Springfield Zoning Ordinance, Article 9, Section 9.8.17.
Request: See Above
Owner: 122 Chestnut Street, LLC
By: Leon Charkoudian
Petitioner: Silverbrick Group, LLC
By: Aaron J. Papowitz

COMMENTS - Current Meeting:

Council conducted a joint hearing on items 7 and 8.

Joseph Matty, the Architect for the Petitioner, spoke in favor of the petition. He explained
that they would renovate the property to add 15 residential units.

City Council Page 6 Printed 11/28/2017


Hearings Meeting Minutes November 27, 2017

Tom Grecko, a Director of the Petitioner, stated that the signage would be same as some of
the Petitioner's other properties.

No one spoke in opposition.

Councilor Fenton made a motion to add condition #9 to the special permit that states: "all
units be sold as market rate units." Seconded by Councilor Ashe.

The Council unanimously approved the motion.

Councilor Fenton made a motion to remove condition none from the special permit.
Seconded by councilor Gomez. Unanimously approved by the Council.

Public hearing closed.

The Council unanimously voted to approve the permit for the following reasons:

1. The specific site is an appropriate location for such a use, structure, or condition.

2. The use as developed will not adversely affect the neighborhood.

3. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.

4. To incorporate the Planning Staff analysis into the decision at the basis of the findings.
ATTACHMENTS:
122_Chestnut_St_Sign_Tax_Formal (PDF)
Chestnut_St_122_Signs-Nov_2017 (PDF)

RESULT: APPROVED [12 TO 0]


AYES: Edwards, Allen, Rooke, Gomez, Walsh, Williams, Ashe, Twiggs, Shea,
Fenton, Williams, Ramos
ABSENT: Justin Hurst

9. Petition (ID # 4285)


For a Special Permit to Operate an Indoor Place of Amusement at the Property Known as
380 Cooley Street (A.K.A. 362) (03170-0053), as Allowed by M.G.L. and the Springfield
Zoning Ordinance, Article 4, Table 4-4, Section 17.2(1).
Request: See Above
Owner: Five Town Station, LLC
By: Nina Regan, Manager
Petitioner: Luv2Play

City Council Page 7 Printed 11/28/2017


Hearings Meeting Minutes November 27, 2017

By: Earl Stallings

COMMENTS - Current Meeting:

Earl Starlings and Roka Starlings, the Petitioners, spoke in favor of the petition. They will
operate an indoor playground with a small cafe.

Walter Gould, president of outerbelt civic association, spoke in favor of the petition.

No one spoke in opposition.

Councilor Gomez made a motion that a condition be added that the facility be under video
surveillance. Seconded by Walsh. Passed by voice vote.

Public hearing closed.

The Council unanimously voted to approve the permit for the following reasons:

1. The specific site is an appropriate location for such a use, structure, or condition.

2. The use as developed will not adversely affect the neighborhood.

3. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.

4. To incorporate the Planning Staff analysis into the decision at the basis of the findings.
ATTACHMENTS:
380_Cooley_St_Tax_Formal (PDF)
Cooley_St_380_Nov_2017 (PDF)

RESULT: APPROVED [12 TO 0]


AYES: Edwards, Allen, Rooke, Gomez, Walsh, Williams, Ashe, Twiggs, Shea,
Fenton, Williams, Ramos
ABSENT: Justin Hurst

10. Petition (ID # 4159)


For a Special Permit to Allow the Installation of a Wireless Telecommunications Facility
(Tower) on a Portion of the Properties Known as Rear 375 Pasco Road (09540-0160) and
ES Pasco Road (09540-0165) as Allowed by M.G.L. and the Springfield Zoning Ordinance
Article 6, Section 6.1 and Article 4, Table 4-4, Section 15.2.
Request: See Above
Owner: Recor Investments, LLC
By: Raymond A. Recor
Petitioner: T-Mobile Northeast, LLC
By: Simon J. Brighenti, Esquire

City Council Page 8 Printed 11/28/2017


Hearings Meeting Minutes November 27, 2017

HISTORY:
10/23/17 City Council CONTINUE
Next: 11/27/17

Councilor Fenton recused himself.


Councilor Edwards made a motion to continue. Seconded by councilor Ashe.

COMMENTS - Current Meeting:

Hearing opened.

Phil Dromey, Representing the Office of Planning and Economic Development, spoke in
opposition to the special permit. He stated that he was concerned about the visual impact
of the design on the neighborhood.

Attorney Simon Brighenti, representing the Petitioner, spoke in favor of the special permit.
He stated that there is a need for the tower because of a lack of coverage in this area of the
city.

David Walsh, Real Estate Specialist for the Petitioner, stated that the looked at a number of
potential sites in the area. However, there were a number of land owners who did not
respond to inquiries and several of the locations did allow for cellular signal propagation.

Attorney Brighenti stated that this location would connect several adjacent cellular towers,
improving service to customer. He also stated that the Federal Aviation Association
approved the tower, meaning that there is no need aviation lighting

Ryan Ramos, RF engineer for the Petitioner, stated that this is the best location to
propagate cellular signal.

No one spoke in opposition.

The petitioner stated that they would be willing to accept a condition that a building permit
will not issue unless the Planning Department approves the design/

Councilor Rooke moved to add a condition that: "the planning department approve the
stealth pole designs prior to the issuance of a building permit". Seconded by Councilor
Walsh.

Mr. Dromey stated that he felt the current conditions already cover that scenario. However,
if the council approved the special permit he would have no recourse if the petitioner and
the office of planning can not come to an agreement.

Motion to continue from Councilor Allen. Seconded by Councilor Marcus Williams.

City Council Page 9 Printed 11/28/2017


Hearings Meeting Minutes November 27, 2017

Councilor Rooke spoke in opposition to the motion.

The motion failed by the following vote:

Edwards N
Allen Y
Rooke N
Gomez N
Walsh N
M. Williams Y
Ashe N
Twiggs N
Shea Y
Fenton A
Hurst A
B. Williams Y
Ramos Y

Councilor Rooke withdrew his motion to add a condition.

Hearing closed.
ATTACHMENTS:
Pasco_Rd_375_Tax_Formal (PDF)
Pasco_Rd_375_2017 (PDF)
Pasco_Rd_375_TMobile_Supplimental_Nov_2017 (PDF)

RESULT: FAILED [7 TO 4]
AYES: Edwards, Rooke, Gomez, Walsh, Ashe, Twiggs, Ramos
NAYS: Timothy C. Allen, Marcus J Williams, Kenneth E. Shea, Bud L. Williams
ABSENT: Michael A. Fenton, Justin Hurst

City Council Page 10 Printed 11/28/2017


1
City Council Meeting: 11/27/17 07:00 PM
36 Court Street Department: Department of Public Works
Springfield, MA 01103 Category: General
Prepared By: Hector Velez
ADOPTED Initiator: Hector Velez
Sponsors: Mayor Domenic J. Sarno
PETITION (ID # 4321) DOC ID: 4321 A

75 Chestnut Street - COMCAST


ORDER FOR LOCATION OF UNDERGROUND CONDUIT WITH FIBER
OPTIC AND COAX CABLE.

WHEREAS, The Board of Public Works, to which was referred the petition of Comcast
of Massachusetts LL to install one hundred and five (105) feet of 1-3 PVC conduit with
fiber optic and coax cable on Chestnut Street.

WHEREAS, said petition #75 Chestnut Street was referred to the Board of Public Works
on October 19, 2017; and

WHEREAS, On October 24, 2017 a Notice of a Public Hearing on petition #75 Chestnut
Street, to be held November 8, 2017, was sent by mail, to all property owners abutting
an affected road, various Departments, Utility Companies, etc before the day of the
hearing and posted on two public bulletin board a copy of which is attached a hearing of
the Board of Public Works was held as scheduled on site with the petitioner and
interested parties.

WHEREAS, on November 8, 2017 the Board of Public Works reported thereon that,
after careful consideration of petition #75 Chestnut Street, install one hundred and five
(105) feet of 1-3 PVC conduit with fiber optic and coax cable is necessary in order that
the company can provide service to building located on #75 Chestnut Street.

as shown on plan entitled:

COMCAST, By Joe Chafer 10/19/2017

consisting of one (1) sheet, which plan is incorporated herein by reference and is on file
in the office of the Engineering Division of the Department of Public Works, Springfield,
Massachusetts.

WHEREAS, petition #75 Chestnut Street came before the City Council for a Public
Hearing on this date,

NOW THEREFORE, BE IT ORDERED:

1. That due care for public safety is exercised during construction including but
not limited to the use of a police officer(s) for traffic control if necessary.

Updated: 11/22/2017 12:59 PM by Hector Velez A Page 1


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Petition (ID # 4321) Meeting of November 27, 2017

2. That said construction would not unnecessarily interfere with the movement of
vehicular or pedestrian traffic in the area.

3. That care be taken during said construction not to damage any underground
services.

4. That the construction site be returned to the same condition as found or


better.

5. Said company shall indemnify and save harmless against all damages, costs
and expenses whatsoever to which the City may be subjected in
consequence of the acts or neglect of said Company, its agents or servants,
or in any manner arising from the rights and privileges granted it by the City.

6. In addition said company shall, before a public way is disturbed for the laying
of its wire or conduit, execute its bond in the penal sum of Ten Thousand
Dollars ($10,000) conditioned for faithful performance of its duties under this
permit.

7. Said company shall comply with the requirements of existing Ordinances and
orders and comply with any changes in Ordinances and orders as may
hereafter be adopted by the Mayor and Council governing the construction
and maintenance of buried cable, conduits and wires.

8. That any sidewalks that are damaged or removed will be replaced in kind and
in accordance with the City of Springfield's Standard Specifications.

9. That ramps for the handicapped will be provided if and where required by law
and in conformance with the Rules and Regulations of the Massachusetts
Architectural Barrier Board.

10. That any curbing that is disturbed during construction will be reset to the
established street grade using proper construction procedures.

11. That all proposed silo, manhole and hexhole covers will conform to and be
compatible with established street, treebelt or sidewalk grades with suitable
non-skid covers when in the sidewalk area.

12. That the Springfield Water and Sewer Commission be notified before
construction begins. All installations of adjacent utilities must be a minimum
of 4 feet from the existing water and/or sewer main, edge to edge of pipe.

13. That asphalt trench restoration be done in accordance with the City of
Springfield DPW requirements.

Updated: 11/22/2017 12:59 PM by Hector Velez A Page 2


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Petition (ID # 4321) Meeting of November 27, 2017

14. That all conditions set forth in the respective order are complied with.

RESULT: PASSED BY VOICE VOTE

Updated: 11/22/2017 12:59 PM by Hector Velez A Page 3


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Attachment: Petition 75 Chestnut (4321 : 75 Chestnut Street - COMCAST)
1.b

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Attachment: Plan 75 Chestnut (4321 : 75 Chestnut Street - COMCAST)
1.c

Wednesday, November 8, 2017

The Board met at the corner of Chestnut Street and Edwards Street in Springfield, MA at
4:00 P.M. Board members John Fitzgerald, Michael Triggs were present. Also present
Hector Velez from DPW and Chris Thompson from Comcast and Joseph Chafer from JC
Fielding & Mapping Inc.

At around 4:00 PM John Fitzgerald began the meeting.

Attachment: 08-10-2017 Minute 75 Chestnut- COMCAST (4321 : 75 Chestnut Street - COMCAST)


Mr. Fitzgerald read the petition from Comcast to install 105 feet of 1-3 inches
underground conduit with fiber optic across Chestnut Street to building located on
75 Chestnut St.

Mr. Fitzgerald turned the meeting over to Mr. Chafer.

Mr. Chafer explained that this new 105 feet underground fiber optic line is to serve the
Law Office building on 75 Chestnut Street; we are going to work from the existing vault
on the other side of the street located on the sidewalk and continue across Chestnut Street
to the side of the building located on 75 Chestnut Street.

Mr. Triggs said that is a lot of traffic in this area.

Mr. Velez asked if is going to take more than one day to do the work.

Mr. Chafer said the work will be competed the same day.

Mr. Fitzgerald asked there were any other questions.

A vote of interested parties indicated that two (2) was in favor of the petitions and no one
(0) was opposed.

The Board unanimously voted to recommend that the petition be approved.

Board of Public Works Wednesday, November 8, 2017

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1.d

CITY OF SPRINGFIELD, MASSACHUSETTS

Date: November 8, 2017


TO THE MAYOR AND CITY COUNCIL OF THE CITY OF SPRINGFIELD:

The Board of Public Works, to which was referred the petition of Comcast of Massachusetts LL

Attachment: COMCAST REPORT - 75 Chestnut 11-8-2017 [Revision 1] (4321 : 75 Chestnut Street - COMCAST)
dated October 19, 2017, to install one hundred and five (105) feet of 1-3 PVC conduit with fiber optic
and coax cable on Chestnut Street, beginning at existing Comcast vault located on the sidewalk in front of
#70 Chestnut Street running approximately forty (40 ) feet on the westerly side of Chestnut Street and
continue easterly direction across the street to the edge of the sidewalk and continue with 1-3 conduit to
the north side of building 75 Chestnut Street to a proposed Comcast vault, all as substantially shown on a
plan attached, dated 10/19//2017, which is incorporated herein by reference and to lay and maintain
underground cables and Fiber Optic lines in public ways for the purpose of provide service to the area,
reports thereon as follows:.
By virtue of Chapter 708 of the Acts of 1977 the Board of Public Works held the hearing on the
above matter provided for in Section 22 of Chapter 166 of the General Laws. The hearing was held on
November 8, 2017 at 4:00 P.M. at the corner of Chestnut Street and Eduard Street Springfield, MA. after
due notice from the office of the City Clerk. Two (2) members of the Board and two (2) person interested
in the matter were present. Of the latter, two (2) voted in favor of and no-one (0) voted against.

The Board finds the request necessary in order that the company can provide service to building located on
#75 Chestnut Street.

After careful consideration, the Board recommends the petition be granted provided:

That due care for public safety is exercised during construction including but not limited to
the use of a police officer(s) for traffic control if necessary.

That said construction would not unnecessarily interfere with the movement of vehicular or
pedestrian traffic in the area.

That care be taken during said construction not to damage any underground services.

That the construction site be returned to the same condition as found or better.
Said company shall indemnify and save harmless against all damages, costs and expenses
whatsoever to which the City may be subjected in consequence of the acts or neglect of said
Company, its agents or servants, or in any manner arising from the rights and privileges
granted it by the City.

Packet Pg. 17
1.d

In addition said company shall, before a public way is disturbed for the laying of its wire or
conduit, execute its bond in the penal sum of Ten Thousand Dollars ($10,000) conditioned
for faithful performance of its duties under this permit.

Said company shall comply with the requirements of existing Ordinances and orders and
comply with any changes in Ordinances and orders as may hereafter be adopted by the
Mayor and Council governing the construction and maintenance of buried cable, conduits

Attachment: COMCAST REPORT - 75 Chestnut 11-8-2017 [Revision 1] (4321 : 75 Chestnut Street - COMCAST)
and wires.

That any sidewalks that are damaged or removed will be replaced in kind and in accordance
with the City of Springfield's Standard Specifications.

That ramps for the handicapped will be provided if and where required by law and in
conformance with the Rules and Regulations of the Massachusetts Architectural Barrier
Board.

That any curbing that is disturbed during construction will be reset to the established street
grade using proper construction procedures.

That all proposed silo, manhole and hexhole covers will conform to and be compatible with
established street, treebelt or sidewalk grades with suitable non-skid covers when in the
sidewalk area.

That the Springfield Water and Sewer Commission be notified before construction begins.
All installations of adjacent utilities must be a minimum of 4 feet from the existing water
and/or sewer main, edge to edge of pipe.

That asphalt trench restoration be done in accordance with the City of Springfield DPW
requirements.

That all conditions set forth in the respective order are complied with.

___________________________ )
___________________________ ) BOARD OF PUBLIC WORKS
___________________________ )

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1.e

DEPARTMENTAL AND INTERDEPARTMENTAL CORRESPONDENCES


CITY OF SPRINGFIELD
MASSACHUSETTS

DATE: October 24, 2017

TO: Anthony I Wilson, Esq. FROM: Hector Velez, DPW Engineer


City Clerk on behalf of BPW

Boards agenda for:

Attachment: 11-8-2017 Chestnut St. Comcast (4321 : 75 Chestnut Street - COMCAST)


DEPARTMENT: City Clerk Office SUBJECT:
November 8, 2017

NOTICE OF MEETING

Wednesday, November 8, 2017

At the corner of Chestnut Street and Edwards Street in Springfield, MA. at 4:00 P.M.

Minutes of Previous Meeting


Communications
Old Business

New Business
COMCAST 75 Chestnut Street.

HEARING RE: To install 105 feet of 1-3 inches underground conduit with fiber optic across
Chestnut Street to building located on 75 Chestnut St.

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City Council Meeting: 11/27/17 07:00 PM
36 Court Street Department: City Clerk
Springfield, MA 01103 Category: License
Prepared By: Anthony I. Wilson
ADOPTED Initiator: Anthony I. Wilson
Sponsors:
PETITION (ID # 4323) DOC ID: 4323

Petroleum Storage at 1830 Wilbraham Road


This is to certify that Cross America Partners in accordance with the provisions of Chapter 148,
Section 13, of the General Laws, filed with me a petitioner for the lawful use of the building(s) or other
structure(s) situated at 1830 WILBRAHAM ROAD.

As related to the KEEPING, STORAGE, MANUFACTURE OR SALE OF FLAMMABLES OR


EXPLOSIVES.

RESULT: PASSED BY VOICE VOTE

Updated: 11/22/2017 12:11 PM by Anthony I. Wilson Page 1


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2.a

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Attachment: 2017_11_22_11_48_31 (4323 : Petroleum Storage at 1830 Wilbraham Road)
2.a

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Attachment: 2017_11_22_11_48_31 (4323 : Petroleum Storage at 1830 Wilbraham Road)
2.a

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Attachment: 2017_11_22_11_48_31 (4323 : Petroleum Storage at 1830 Wilbraham Road)
2.a

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Attachment: 2017_11_22_11_48_31 (4323 : Petroleum Storage at 1830 Wilbraham Road)
2.a

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Attachment: 2017_11_22_11_48_31 (4323 : Petroleum Storage at 1830 Wilbraham Road)
2.a

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Attachment: 2017_11_22_11_48_31 (4323 : Petroleum Storage at 1830 Wilbraham Road)
3.a

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Attachment: 3188_Boston_Rd_461_2017_CC (3964 : SS Boston Road)
3.a

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Attachment: 3188_Boston_Rd_461_2017_CC (3964 : SS Boston Road)
3.a

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Attachment: 3188_Boston_Rd_461_2017_CC (3964 : SS Boston Road)
3.a

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Attachment: 3188_Boston_Rd_461_2017_CC (3964 : SS Boston Road)
3.a

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3.b

From: Freyman, Ellen


To: Wilson, Anthony I.
Subject: Request for continuance
Date: Wednesday, November 22, 2017 1:04:05 PM

Anthony,
On behalf of my client, Nicholas L. Graham, I am writing to request a further continuance of
the hearings scheduled for Monday, November 27th, on his pending special permit
application and zone change request with regard to the properties located at SS Boston
Road, WS Lamont Street and ES Morton St., to the February 2018 hearing date. My
clients wife is expecting a baby shortly and he is unable to travel. Additionally, he is
intending to attend an upcoming neighborhood council meeting and arrange for a site visit
prior to the City Council hearings.

We respectfully request the granting of the continuances by the City Council. If you need

Attachment: Request for continuance (3964 : SS Boston Road)


anything further, please let me know.

I hope you have a great Thanksgiving.

Thanks,

Ellen

Ellen W. Freyman
Shatz, Schwartz and Fentin, P.C.
1441 Main Street, Ste. 1100
Springfield, MA 01103
Tel: 413-737-1131
Fax: 413-736-0375
Cell: 413-575-8655
efreyman@ssfpc.com
www.ssfpc.com

Although this written communication may address certain tax issues, it is not a reliance
opinion as described in IRS Circular 230 and, therefore, it cannot be relied upon by itself to
avoid any tax penalties. If you would like a reliance opinion letter, please contact us and we
will discuss our procedures for preparing one. Thank you.

This electronic mail transmission contains confidential information intended only for the
person(s) named. Any use, distribution, copying or disclosure by any other person is strictly
prohibited. If you have received this transmission in error, please notify the sender by
telephone at (413) 737-1131 or send an electronic mail message to the original sender.

Packet Pg. 43
4
City Council Meeting: 11/27/17 07:00 PM
36 Court Street Department: Economic Development
Springfield, MA 01103 Category: Special Permit
Prepared By: Phil Dromey
TABLED Initiator: Phil Dromey
Sponsors:
PETITION (ID # 3928) DOC ID: 3928

For a Special Permit to Allow for the Construction of a New


Fourteen (14) Unit Residential (Townhouse) Development at
the Properties Known as SS Boston Road (01655-0693), WS
Lamont Street (07470-0003) and ES Morton Street (08860-
0134), as Allowed by the Springfield Zoning Ordinance,
Article 4, Table 4-2 and Table 4-4, Section 2.3(1) and M.G.L.

Request: See Above


Owner: Nicholas L. Graham
By: Nicholas L. Graham
Petitioner: Nicholas L. Graham
By: Nicholas L. Graham

HISTORY:
06/26/17 City Council LAY ON TABLE Next: 08/21/17

Councilor Marcus Williams moved to tabled the item. Seconded by Councilor Walsh
08/21/17 City Council CONTINUE Next: 11/27/17

Attorney Ellen Freyman, representing the petitioner, stated that they would like to have the
matter continued to the November meeting.
Motion to continue by Councilor Edwards and Seconded by Councilor Walsh. Councilor
Fenton abstained from the vote.

COMMENTS - Current Meeting:

Prior to opening the hearing, the council was informed that counsel for the petitioner
requested that the matter be continued until February.

Councilor Edwards made a motion to continue. Seconded by Councilor Williams. Motion


passed unanimously.

RESULT: CONTINUE

Updated: 5/3/2017 8:42 AM by Anthony I. Wilson Page 1


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4.c

From: Freyman, Ellen


To: Wilson, Anthony I.
Subject: Request for continuance
Date: Wednesday, November 22, 2017 1:04:05 PM

Anthony,
On behalf of my client, Nicholas L. Graham, I am writing to request a further continuance of
the hearings scheduled for Monday, November 27th, on his pending special permit
application and zone change request with regard to the properties located at SS Boston
Road, WS Lamont Street and ES Morton St., to the February 2018 hearing date. My
clients wife is expecting a baby shortly and he is unable to travel. Additionally, he is
intending to attend an upcoming neighborhood council meeting and arrange for a site visit
prior to the City Council hearings.

We respectfully request the granting of the continuances by the City Council. If you need

Attachment: Request for continuance (3928 : SS Boston Road)


anything further, please let me know.

I hope you have a great Thanksgiving.

Thanks,

Ellen

Ellen W. Freyman
Shatz, Schwartz and Fentin, P.C.
1441 Main Street, Ste. 1100
Springfield, MA 01103
Tel: 413-737-1131
Fax: 413-736-0375
Cell: 413-575-8655
efreyman@ssfpc.com
www.ssfpc.com

Although this written communication may address certain tax issues, it is not a reliance
opinion as described in IRS Circular 230 and, therefore, it cannot be relied upon by itself to
avoid any tax penalties. If you would like a reliance opinion letter, please contact us and we
will discuss our procedures for preparing one. Thank you.

This electronic mail transmission contains confidential information intended only for the
person(s) named. Any use, distribution, copying or disclosure by any other person is strictly
prohibited. If you have received this transmission in error, please notify the sender by
telephone at (413) 737-1131 or send an electronic mail message to the original sender.

Packet Pg. 63
5
City Council Meeting: 11/27/17 07:00 PM
36 Court Street Department: Economic Development
Springfield, MA 01103 Category: Special Permit
Prepared By: Phil Dromey
COMPLETED Initiator: Phil Dromey
Sponsors:
PETITION (ID # 4068) DOC ID: 4068

For a Special Permit Involving Exterior Renovation and New


Construction Totaling More Than One Thousand (1,000)
Square Feet at the Property Known as 600 Belmont Avenue
(01235-0110) in Accordance with the Springfield Zoning
Ordinance, Article 8.1, Section 8.1.31(A) (Neighborhood
Commercial Design Overlay District) and M.G.L.

Request: See Above


Owner: Cui Qing Zhang
By: Cui Qing Zhang
Petitioner: Cui Qing Zhang
By: Cui Qing Zhang

HISTORY:
08/21/17 City Council CONTINUE Next: 11/27/17

Motion to continue by Councilor Shea and Seconded by Councilor Walsh.

COMMENTS - Current Meeting:

The hearing was opened.

Johnny Hatchet, the Contractor, spoke in favor of the special permit. He stated that the
owner wants to make exterior renovations to the property.

Jane Hetzel, representing the Forest Park Civic Association, spoke in favor of the petition.

No one spoke in opposition.

In response to a question from Councilor Shea, Mr. Hatchet stated that he was not sure who
would occupy the building at this time.

In response to a question from Councilor Walsh, Phil Dromey from the office of planning and
economic development, explained that the because the property is in the overlay district the
owner needs a special permit for exterior renovations.

Public hearing closed.

Updated: 6/1/2017 11:23 AM by Phil Dromey Page 1


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Petition (ID # 4068) Meeting of November 27, 2017

The Council unanimously voted to approve the permit for the following reasons:

1. The specific site is an appropriate location for such a use, structure, or condition.

2. The use as developed will not adversely affect the neighborhood.

3. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.

4. To incorporate the Planning Staff analysis into the decision at the basis of the findings.

RESULT: APPROVED [12 TO 0]


AYES: Edwards, Allen, Rooke, Gomez, Walsh, Williams, Ashe, Twiggs, Shea,
Fenton, Williams, Ramos
ABSENT: Justin Hurst

Updated: 6/1/2017 11:23 AM by Phil Dromey Page 2


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5.b

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6
City Council Meeting: 11/27/17 07:00 PM
36 Court Street Department: Economic Development
Springfield, MA 01103 Category: Special Permit
Prepared By: Phil Dromey
TABLED Initiator: Phil Dromey
Sponsors:
PETITION (ID # 4191) DOC ID: 4191

For a Special Permit Motor Vehicle Rentals at the Property


Known as 12 Odessa Street (A.K.A. 265 Pasco Road) (09235-
0004), as Allowed by M.G.L. and the Springfield Zoning
Ordinance, Article 4, Table 4-4, Section 12.2 and M.G.L.

Request: See Above


Owner: Sharma Realty, Inc.
By: Ricky Sharma
Petitioner: Pasco Road Convenience & Smoke
Shop
By: Ricky Sharma

HISTORY:
10/23/17 City Council CONTINUE Next: 11/27/17

Councilor Fenton made a motion to continue. Seconded by councilor Edwards.

COMMENTS - Current Meeting:

Prior to opening the hearing Councilor Walsh made a motion to continue. Seconded by
Councilor Fenton.

RESULT: CONTINUE Next: 12/11/2017 7:00 PM

Updated: 9/14/2017 2:55 PM by Anthony I. Wilson Page 1


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7
City Council Meeting: 11/27/17 07:00 PM
36 Court Street Department: Economic Development
Springfield, MA 01103 Category: Special Permit
Prepared By: Phil Dromey
COMPLETED Initiator: Phil Dromey
Sponsors:
PETITION (ID # 4279) DOC ID: 4279 A

For a Special Permit for the Alteration of a Non-Conforming


Structure (Additional Housing Units), at the Property Known
as 122 Chestnut Street (02750-0038) as Authorized by M.G.L.
and the Springfield Zoning Ordinance, Article 10, Section
10.1.30.

Request: See Above


Owner: 122 Chestnut Street, LLC
By: Leon Charkoudian
Petitioner: Silverbrick Group, LLC
By: Aaron J. Papowitz

COMMENTS - Current Meeting:

Council conducted a joint hearing on items 7 and 8.

Joseph Matty, the Architect for the Petitioner, spoke in favor of the petition. He explained
that they would renovate the property to add 15 residential units.

Tom Grecko, a Director of the Petitioner, stated that the signage would be same as some of
the Petitioner's other properties.

No one spoke in opposition.

Councilor Fenton made a motion to add condition #9 to the special permit that states: "all
units be sold as market rate units." Seconded by Councilor Ashe.

The Council unanimously approved the motion.

Councilor Fenton made a motion to remove condition #9. Seconded by Councilor Gomez.
Unanimously approved by the Council.

Public hearing closed.

The Council unanimously voted to approve the permit for the following reasons:

Updated: 11/15/2017 3:14 PM by Phil Dromey A Page 1


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7
Petition (ID # 4279) Meeting of November 27, 2017

1. The specific site is an appropriate location for such a use, structure, or condition.

2. The use as developed will not adversely affect the neighborhood.

3. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.

4. To incorporate the Planning Staff analysis into the decision at the basis of the findings.

RESULT: APPROVED [12 TO 0]


AYES: Edwards, Allen, Rooke, Gomez, Walsh, Williams, Ashe, Twiggs, Shea,
Fenton, Williams, Ramos
ABSENT: Justin Hurst

Updated: 11/15/2017 3:14 PM by Phil Dromey A Page 2


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8
City Council Meeting: 11/27/17 07:00 PM
36 Court Street Department: Economic Development
Springfield, MA 01103 Category: Special Permit
Prepared By: Phil Dromey
COMPLETED Initiator: Phil Dromey
Sponsors:
PETITION (ID # 4284) DOC ID: 4284

For a Special Permit for the Installation of Wall Sign(S), to be


Located Above the First Floor, at the Property Known as 122
Chestnut Street (02750-0038), as Authorized by M.G.L. and
the Springfield Zoning Ordinance, Article 9, Section 9.8.17.

Request: See Above


Owner: 122 Chestnut Street, LLC
By: Leon Charkoudian
Petitioner: Silverbrick Group, LLC
By: Aaron J. Papowitz

COMMENTS - Current Meeting:

Council conducted a joint hearing on items 7 and 8.

Joseph Matty, the Architect for the Petitioner, spoke in favor of the petition. He explained
that they would renovate the property to add 15 residential units.

Tom Grecko, a Director of the Petitioner, stated that the signage would be same as some of
the Petitioner's other properties.

No one spoke in opposition.

Councilor Fenton made a motion to add condition #9 to the special permit that states: "all
units be sold as market rate units." Seconded by Councilor Ashe.

The Council unanimously approved the motion.

Councilor Fenton made a motion to remove condition none from the special permit.
Seconded by councilor Gomez. Unanimously approved by the Council.

Public hearing closed.

The Council unanimously voted to approve the permit for the following reasons:

1. The specific site is an appropriate location for such a use, structure, or condition.

Updated: 10/30/2017 9:16 AM by Phil Dromey Page 1


Packet Pg. 99
8
Petition (ID # 4284) Meeting of November 27, 2017

2. The use as developed will not adversely affect the neighborhood.

3. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.

4. To incorporate the Planning Staff analysis into the decision at the basis of the findings.

RESULT: APPROVED [12 TO 0]


AYES: Edwards, Allen, Rooke, Gomez, Walsh, Williams, Ashe, Twiggs, Shea,
Fenton, Williams, Ramos
ABSENT: Justin Hurst

Updated: 10/30/2017 9:16 AM by Phil Dromey Page 2


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9
City Council Meeting: 11/27/17 07:00 PM
36 Court Street Department: Economic Development
Springfield, MA 01103 Category: Special Permit
Prepared By: Phil Dromey
COMPLETED Initiator: Phil Dromey
Sponsors:
PETITION (ID # 4285) DOC ID: 4285

For a Special Permit to Operate an Indoor Place of


Amusement at the Property Known as 380 Cooley Street
(A.K.A. 362) (03170-0053), as Allowed by M.G.L. and the
Springfield Zoning Ordinance, Article 4, Table 4-4, Section
17.2(1).

Request: See Above


Owner: Five Town Station, LLC
By: Nina Regan, Manager
Petitioner: Luv2Play
By: Earl Stallings

COMMENTS - Current Meeting:

Earl Starlings and Roka Starlings, the Petitioners, spoke in favor of the petition. They will
operate an indoor playground with a small cafe.

Walter Gould, president of outerbelt civic association, spoke in favor of the petition.

No one spoke in opposition.

Councilor Gomez made a motion that a condition be added that the facility be under video
surveillance. Seconded by Walsh. Passed by voice vote.

Public hearing closed.

The Council unanimously voted to approve the permit for the following reasons:

1. The specific site is an appropriate location for such a use, structure, or condition.

2. The use as developed will not adversely affect the neighborhood.

3. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.

4. To incorporate the Planning Staff analysis into the decision at the basis of the findings.

Updated: 10/30/2017 9:30 AM by Phil Dromey Page 1


Packet Pg. 120
9
Petition (ID # 4285) Meeting of November 27, 2017

RESULT: APPROVED [12 TO 0]


AYES: Edwards, Allen, Rooke, Gomez, Walsh, Williams, Ashe, Twiggs, Shea,
Fenton, Williams, Ramos
ABSENT: Justin Hurst

Updated: 10/30/2017 9:30 AM by Phil Dromey Page 2


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9.a

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9.b

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10
City Council Meeting: 11/27/17 07:00 PM
36 Court Street Department: Economic Development
Springfield, MA 01103 Category: Special Permit
Prepared By: Phil Dromey
DEFEATED Initiator: Phil Dromey
Sponsors:
PETITION (ID # 4159) DOC ID: 4159

For a Special Permit to Allow the Installation of a Wireless


Telecommunications Facility (Tower) on a Portion of the
Properties Known as Rear 375 Pasco Road (09540-0160) and
ES Pasco Road (09540-0165) as Allowed by M.G.L. and the
Springfield Zoning Ordinance Article 6, Section 6.1 and
Article 4, Table 4-4, Section 15.2.

Request: See Above


Owner: Recor Investments, LLC
By: Raymond A. Recor
Petitioner: T-Mobile Northeast, LLC
By: Simon J. Brighenti, Esquire

HISTORY:
10/23/17 City Council CONTINUE Next: 11/27/17

Councilor Fenton recused himself.


Councilor Edwards made a motion to continue. Seconded by councilor Ashe.

COMMENTS - Current Meeting:

Hearing opened.

Phil Dromey, Representing the Office of Planning and Economic Development, spoke in
opposition to the special permit. He stated that he was concerned about the visual impact
of the design on the neighborhood.

Attorney Simon Brighenti, representing the Petitioner, spoke in favor of the special permit.
He stated that there is a need for the tower because of a lack of coverage in this area of the
city.

David Walsh, Real Estate Specialist for the Petitioner, stated that the looked at a number of
potential sites in the area. However, there were a number of land owners who did not
respond to inquiries and several of the locations did allow for cellular signal propagation.

Attorney Brighenti stated that this location would connect several adjacent cellular towers,
improving service to customer. He also stated that the Federal Aviation Association
approved the tower, meaning that there is no need aviation lighting

Updated: 9/25/2017 10:14 AM by Anthony I. Wilson Page 1


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10
Petition (ID # 4159) Meeting of November 27, 2017

Ryan Ramos, RF engineer for the Petitioner, stated that this is the best location to
propagate cellular signal.

No one spoke in opposition.

The petitioner stated that they would be willing to accept a condition that a building permit
will not issue unless the Planning Department approves the design/

Councilor Rooke moved to add a condition that: "the planning department approve the
stealth pole designs prior to the issuance of a building permit". Seconded by Councilor
Walsh.

Mr. Dromey stated that he felt the current conditions already cover that scenario. However,
if the council approved the special permit he would have no recourse if the petitioner and
the office of planning can not come to an agreement.

Motion to continue from Councilor Allen. Seconded by Councilor Marcus Williams.

Councilor Rooke spoke in opposition to the motion.

The motion failed by the following vote:

Edwards N
Allen Y
Rooke N
Gomez N
Walsh N
M. Williams Y
Ashe N
Twiggs N
Shea Y
Fenton A
Hurst A
B. Williams Y
Ramos Y

Updated: 9/25/2017 10:14 AM by Anthony I. Wilson Page 2


Packet Pg. 131
10
Petition (ID # 4159) Meeting of November 27, 2017

Councilor Rooke withdrew his motion to add a condition.

Hearing closed.

RESULT: FAILED [7 TO 4]
AYES: Edwards, Rooke, Gomez, Walsh, Ashe, Twiggs, Ramos
NAYS: Timothy C. Allen, Marcus J Williams, Kenneth E. Shea, Bud L. Williams
ABSENT: Michael A. Fenton, Justin Hurst

Updated: 9/25/2017 10:14 AM by Anthony I. Wilson Page 3


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