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The New Bedford City Council's Special Committee on Environmental Affairs met on June 9, 2026, to discuss the status of an agreement concerning the A1 Asphalt property at 1861 Shawmut Avenue. The primary issue was a four-year agreement, which expired in January 2026, that allowed Pico Stone to remove aggregate material from the site. Residents Gregory Sirois and Tom Welch voiced complaints about the operation continuing past the deadline, citing ongoing issues with truck traffic, dust, and mud on the streets. Attorney Sean Hurley, representing the property owner, stated that approximately 93% of the material (40,000 yards) had been removed, with only 3,000 yards remaining. He requested a six-month extension to complete the work, attributing delays to economic factors. Paul Matos, representing the owner, expressed a desire to work with neighbors. City Solicitor Eric Jakes clarified that the expired agreement was a stipulation of dismissal, not a court order, and could be amended by the Zoning Board of Appeals, but no formal request for an extension had been received. Building Commissioner Danny Romanowicz noted that a tenant, Fernandez Masonry, was using the site as a contractor's yard without a proper permit. After hearing from all parties, the committee decided to gather more information. An agreement was made for the Building Commissioner, Ward 1 Councillor Leo Choquette, and property representative Paul Matos to conduct a site visit. The committee then voted to table the matter until a future meeting, likely after the city's budget process is complete, at which point they will review the findings from the site visit and further discuss a potential resolution.
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Council
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Colleagues, you ready?
0:427 o'clock.
0:43All right, let's do this.
0:46Good evening, ladies and gentlemen.
0:48It is 7 o'clock PM on Tuesday, June 9th, 2026.
0:53I'd like to call to order this special committee meeting of the Environmental Affairs Committee.
0:57Note, this meeting is being live streamed and recorded.
1:02City Council and committee meetings can be viewed on the City of New Bedford's homepage under Quick Links, then Meetings.
1:11I am joined by my colleagues this evening in the New Bedford City Council Chambers.
1:15We have Ward 1 Councilor Leo Choquette, Councilor of Ward 6 and City Council President for 2026 Ryan Pereira, and myself New Bedford City Councilor at Large Ian Abreu and chairman of this committee.
1:28I'll ask Clerk Lawrence— Clerk, is there anything to be read into the record at this time?
1:31There is nothing.
1:32All right, item 1 is now before us.
1:33Item number 1 is a written motion, Councilor Choquette, requesting that the Special Committee on Environmental Affairs meet with Attorney Eric Jake, city solicitor, along with the owner of A1 Asphalt located at 1861 Shawmut Avenue, New Bedford, Mass., and the owner of Pico Stone located at 104 River Road, New Bedford, in order to discuss the status of the trucking shipping agreement related to the transportation of the through the Chalmers Avenue neighborhood behind the New Bedford Airport.
1:59It was referred here on May 12th, 2026.
2:021A is now before you.
2:04On the, on the question, I need a motion to receive and place on file.
2:06Councilor, motion to receive and place on file, made by Councilor Choquette, seconded by Ryan, Councilor Pereira.
2:11Anyone on the question?
2:12All those in favor say aye.
2:14Opposed?
2:14The ayes have it.
2:15Councilor Choquette.
2:17Thank you, Mr. Chairman, um, and thank you for everyone here tonight.
2:20Uh, I just want to stress that this is not any kind of adversarial meeting.
2:25This is more of like a confab.
2:26Like, I just want to get everybody in a room and get the story out of what's going on with, with, you know, the shipping and, and the status of the lease.
2:36And again, thank you to the solicitor for, for coming tonight.
2:39Um, I've just— I've received complaints, and, you know, I, I'm just now learning some of the side of the story, uh, of the, the gentleman here.
2:50So This is— I hope this is productive.
2:53And again, by no means is this an adversarial thing.
2:55We're just trying to get some, uh, discussion going.
2:58I agree with you.
2:59From the chair, I agree with you, Councilor.
3:00Um, let's keep this, uh, tonight— let's keep this non-adversarial, without rumor, conjecture, slander, innuendo.
3:07We all have the First Amendment right to free speech, but let's be respectful and sure, let's, uh, let's do all that good stuff.
3:13The chair would like to recognize Councilor Roy and Vice Chairman.
3:16Councilor at Large has joined us.
3:18Thank you, sir.
3:19So with that being said, uh, Councilor Choquette, this is your motion, but you and I discussed prior there's no really correct rhyme or reason to do this.
3:27But I think we agreed we will let members of the community come up first, would give them 3 minutes apiece.
3:33They could discuss what their concerns are, they could take a seat, and then we could allow the gentleman from, uh, and the representatives of A1 to come up and their legal counsel and discuss some of their concerns and take that in.
3:44Then we can get our legal counsel up and so forth.
3:47Does that work for you, colleagues?
3:48Does that work?
3:49That works.
3:49Does that work, Mr. Slusser?
3:51Oh, okay.
3:52So through you, uh, the Ward 1 councilor, uh, if members of the community would like to come up and speak at the podium about their concerns, yes, come right up.
4:03Yes, sure.
4:07I'd like to recognize we've been joined by Councilor-at-Large Brian Gomes.
4:12Thank you, sir.
4:13All right, sir, uh, your name and address for the record, please.
4:16Uh, my first name is Gregory.
4:17My last name's Sirois, S-I-R-O-I-S. Would you mind just bringing your mic up a little bit, Greg?
4:22Thank you.
4:23Uh, 1930 Shawmut Avenue in New Bedford, Mass.
4:27Um, basically the agreement that I had read and then I saw indicated that Pico Stone was supposed to cease operation of the cleanup of the property at 1861 Shawmut Avenue on 1/24/26, and at that time that property was supposed to cease operation as a contractor's yard.
4:51Yet we have additional contractors that have moved in since then, and Pico Stone is, uh, still moving material out of the property and, um, for a good period amount of time was bringing in other material that they were processing there.
5:06I had met with Ryan Pavail from the solicitor's office relative to this And we had some discussion on it, and I felt that my, uh, my next option was to speak with Councillor Choquette.
5:19I did go to Superior Court, did get a copy of the agreement, and I'm looking for a status on that, whether or not the agreement's been extended.
5:29I understood from Mr. Paveo that if Pico Stone or the owners of the property at 1861 Shawman Avenue had requested an extension, that the city would oppose that.
5:41And that's basically my reason for being here tonight.
5:44Thank you.
5:45Thank you, sir.
5:47The chair would like to recognize that we have been joined by Councilor-at-Large Naomi Carney.
5:51She is not a member of this committee, but thank you for coming nonetheless.
5:53Appreciate it.
5:54Anyone else from the community in the neighborhood that would wish to speak about this matter, or at least be recorded, uh, in opposition, or any concerns you may have, step right up.
6:11Name and address for the record too, please, sir.
6:14Tom Welch, uh, 1878 Sherman Ave. Tom, what's your last name again?
6:19Welch.
6:20Welch.
6:22Thank you.
6:22My concern is that, um, that this thing goes back to being a aggregate recycling facility.
6:35It kind of morphed into that, A1 Asphalt did.
6:40And, and then he tried to get it legally done, but it was denied by the building department.
6:49And he kept appealing that, and he kept appealing that, and they kept upholding it.
6:57And in the meantime, his lawyer told him he could keep running the place as an aggregate recycling facility for 2 or 3 years.
7:07We were inundated with dust and dirt and traffic and trucks, and it was a horror over there with the— with what was happening.
7:22Uh, he had— he has since passed away, the owner of A1 Asphalt, but he had all the material from all over the state coming into this place.
7:36And there was, there was trucks every 2 minutes.
7:40I took a week of vacation to paint my house, and every 2 minutes there was a giant dump truck coming through there.
7:48In fact, The airport gave him all of the material from the runway expansion, or the runway remodel, or whatever they were doing over there.
8:02It really was a horrible place to be over there with the— we couldn't open our windows.
8:10On a day like this, we couldn't open our windows.
8:15I just, I just hope that, that it just doesn't turn back into, into that.
8:20Uh, uh, you know, it wasn't an allowed use then, and that's why it was denied.
8:28But he kept appealing and appealing, and, and finally the clock ran out on him.
8:33And I think now the environmental people got involved in this thing, and who knows what happened then.
8:39I mean, this thing just kind of Just, I don't know what happened, kind of lost track of it.
8:46But anyhow, that, that's— I appreciate you letting me speak.
8:51Thank you.
8:51I appreciate that, Mr. Welsh.
8:53Thank you.
8:54Anyone else in the neighborhood who wishes to speak on this?
8:57Mr. Saroy, yes sir.
8:59Yeah, you, you didn't use up your entire 3, so you can come back up again for another minute, no problem.
9:10Another minute good for you, Greg?
9:12Okay, we'll run the clock for a minute for you.
9:13Thank you.
9:16So, uh, and, and, uh, just one other question I forgot to mention, sir.
9:19I'm sorry.
9:20Um, during my, uh, my meeting with Mr. Pavel, he indicated that they had tried to sell the property and they couldn't sell the property.
9:29And I was just curious why that may be, and I'll explain why.
9:32Um, if it was because of environmental issues.
9:35I think it's, uh, I think it's appropriate to address and to— and that we should, we should know that as neighbors of the property, if there's an issue with the property that we should be aware of.
9:44Um, and also, uh, the time frame that Mr. Welsh spoke of, I know the, uh, the last environmental study, um, was, uh, was confirmed on 2/27/2009 for that airport project when, uh, when the vehicles, uh, when they moved all that material from there.
10:01And just as a side note, sir, I had spoken to Mark Dakers from DEP, and Mr. Dakers told me that the airport runway asphalt is a different animal, and they would not allow it to be— because of its contamination level, they would not allow it to be recycled on the airport property, and that's why it had to be moved off property to be recycled.
10:23Thank you.
10:24Great timing, Greg.
10:25Thank you.
10:27All right, so, um, Councilor Choquette, uh, who would you like to hear from next?
10:30I mean, There were some concerns and some points raised of a legal matter, which we have our solicitor here.
10:37But there were also some questions asked of the A1 folks, so we could go either way.
10:42It's your motion.
10:42Who would you like to hear from next?
10:44Yeah, I think— thank you, Mr. Chairman.
10:46I think the best course of action would be to hear from Mr. Matos's attorney.
10:50Okay, so we have Mr. Sean Hurley, their legal representative.
10:54If you want to take the podium, sir.
10:57If you wouldn't mind please providing the committee with your name and address for the record, sir.
11:01Uh, my name is Sean Hurley.
11:02My office at 432 County Street in New Bedford, Massachusetts.
11:06Thank you.
11:06I saw you taking copious notes, so maybe you can address some of the concerns or points that were raised.
11:11Sean, before you begin, are you S-H or S-E?
11:13S-E.
11:14Okay, thank you.
11:16All right, that's what— it's what they tell me.
11:18Go ahead, Sean, you're all set.
11:20Um, I would just like to— so this all stems from sort of a zoning, uh, action that was in court you know, 8 or so years ago.
11:31While that zoning matter was ongoing, Mr. DaCosta passed away.
11:36I represented the estate.
11:38Ms. Matos inherited the property and the business, inherited it all.
11:44The substance of the zoning matter was whether or not the aggregate business was, was grandfathered in or not.
11:51Since Ms. Matos inherited the property, she decided she didn't want to fight that in court anymore.
11:57So they came to an agreement with the city to dismiss the, dismiss the action so long as no new materials were brought into the property.
12:09But they were permitted to sort, crush, and remove the remaining materials on the property for a period of 4 years from the execution of that settlement agreement.
12:19In particular, I will note that as part of that agreement, the town— the city agreed that a contractor's yard is still— is a permitted use, and that's consistent with zoning Industrial B.
12:35So it can be used as a contractor's yard.
12:39So stepping back to the 4-year period, that would have expired a little bit into January.
12:48So PECO, my client, as part of the estate, had to start selling the equipment and the business, all the business assets, to pay debts of the estate and pay off some of the other beneficiaries of the estate.
13:06So Pico Stone stepped in, they bought some of the equipment, and we had an agreement with them where they would remove the remaining materials.
13:14We had an agreement with them.
13:17Um, as of today, they've— I spoke with their attorney this morning, uh, Kevin Medeiros, who couldn't be here tonight.
13:25But according to Kevin, um, as of today, they've, they've removed 40,000 yards of material from the property, and there's approximately only 3,000 left.
13:39Um, so I know it was mentioned that Some— one of the speakers had spoken to the city and they would be, you know, opposed to an extension.
13:49But Kevin asked me to, you know, he, he would like to speak with the town about getting an extension of that just to get what essentially amounts to the last 7% of the aggregate material out of there.
14:04Out of what's left, about 90% of it's already been processed.
14:08So it's just sitting there waiting to get out.
14:11No, to my knowledge, no new material has been brought in recently, anytime recently, you know, although my clients haven't been babysitting the property.
14:26You know, so I don't really know what's left for PECO to do, how those day-to-day activities are any different than it being allowed, being allowed to be used as a contractor's yard.
14:37It's trucks going in and out.
14:39Those same style of trucks could be going in and out if it's a contractor's use, a contractor's yard.
14:45There's— they're only looking for the— I think they— I think Attorney Medeiros had suggested 6 months to get the remaining 3,000 yards of material out, then it ceases to be used as a, as a you know, an aggregate processing yard, and then can only be used for whatever other permitted uses are allowed under the zoning bylaws.
15:08Um, I know some issues of environmental, uh, were brought up.
15:17There was, there was some, uh, there was a matter before conservation at one point because Mr. DaCosta, I think had filled some of the wetlands.
15:26That's been remediated.
15:28No other environmental due diligence has been done at the property.
15:31The property, during the last— I've been representing Ms. Matas since 2018, I believe, and at no point during my representation has the property been listed for sale, offered for sale, or anything to that matter.
15:46So that would just be rumors.
15:49Despite numerous offers unsolicited offers for people to— from people who have wanted to purchase it.
15:57So long story short is there was an agreement that materials were to be— remaining materials were to be removed by January.
16:05That hasn't been done for a variety of factors.
16:07Obviously, PECO processes it and sells it.
16:11There's been slowdowns in the economy and all those types of things.
16:15But a very small amount in in terms of the, the total amount that was there is left to be removed.
16:22And of that amount, most of it is— has already been processed.
16:26Um, so that's just like— that's what we would like to convey to, uh, to this committee.
16:32Okay, thank you, sir.
16:35Um, Councilor Chouquette, anyone from the floor have questions for Attorney Hurley?
16:37Don't go away just yet, sir.
16:38Hold on.
16:39Yep, thank you, Attorney.
16:41So I guess 2 questions would, would come to mind.
16:43Um, Question number one would be, so you're saying roughly 7% of the total is left to remove.
16:55What would be, in your estimate, the amount of time required for that to be removed?
17:02I am not— I am not, nor have I ever been in the aggregate industry, so I can't, you know, confidently answer that.
17:10All I can say is that the, you know, that their counsel, most likely at their request, had suggested 6 months.
17:19I mean, there's, as I mentioned, there's stuff, there's material there that's been processed.
17:24So if they were removed, if there was a market for it, it would be gone.
17:29So I think a lot of it has to do with not time for processing it, but for demand for it, essentially.
17:37Okay, and, um, so once that material is removed, then obviously PECO is not going to be required to drive in there and do anything on the site, right?
17:50I mean, like, the traffic will cease as their traffic for PECO will cease.
17:56Yeah.
17:56Um, yes.
17:58Okay.
17:59Um, and then the last question, and it Maybe Mr. Matos knows this better than you, but what will be the future use at that site?
18:10Is there anything planned?
18:11That's still to be determined.
18:13Fernandez Masonry is currently renting a little bit of it, um, again as a, as a contractor's yard.
18:20They store leftover materials for their, you know, leftover materials from their projects until they require similar, similar materials for another project.
18:32Okay, they have several yards.
18:34This is just kind of like an overflow.
18:36Okay, um, I think I'm almost set, Mr.— Just hang right there.
18:42Thank you, uh, Councillor Choquette.
18:44Mr. Matos, was there anything you'd like to add to that?
18:46Yes, please.
18:49Name and address for the record, Paul.
18:51Go right ahead.
18:53My name is Paul Matos.
18:54I'm Nina's brother.
18:55And I take care of that property for her.
18:58So like he said, he's not in that arrogant, uh, business.
19:03Neither am I.
19:03So I don't know how much time he needs left, but I want you to know he did a fabulous job at what he— at what we agreed, you know, with the city for him to do.
19:12Manny did a fabulous job.
19:14As far as them saying the material coming in or out, I— it's probably my fault.
19:19I should have watched a little better.
19:20I don't know if, if the neighbors say that they're bringing stuff in I've asked Manny numerous times.
19:26He said he's not bringing stuff in.
19:28And so right up till 2 or 3 days ago, I asked him again and he said he's not.
19:33He's almost done.
19:34He's having trouble selling what he's processed, but there's a very small amount left for him to finish and then he's done.
19:43But, and as far as, uh, the stuff coming in from all over the state, that hasn't been since Tony's passed.
19:49I don't know what went on before that.
19:51But, you know, none of that's going on.
19:54Nobody's bringing anything in.
19:55We're trying to get rid of stuff, not bring stuff in.
19:58And that's it.
19:59And I mean, if there's something we can do to help satisfy these people, let us know.
20:04You know what I mean?
20:05I want to have happy neighbors.
20:08So if they could come up with an idea for us, we'll work with them.
20:12Okay.
20:13And that's it.
20:13I mean, I don't want to argue with anybody.
20:15I want everybody to get along nice.
20:17Oh, as do I, sir.
20:18Right, yeah, right.
20:19So, I mean, let's have a conversation.
20:22Let's talk.
20:23Tell us what you want us to do.
20:24Okay.
20:25Paul, could you just give your address for the record?
20:27You gave your name, but not your address.
20:28My address is 8 Birch Street, Acushnet, Mass.
20:3102743.
20:33Thank you, sir.
20:35Anyone else for Mr. Matos while he's here, or for his attorney, Mr. Hurley?
20:41Councilor Choquette, and it is allowable.
20:44I spoke to the clerk.
20:46Uh, Mr. Saroy just had a point he wanted— I, I really don't want to get into a back and forth, but there's something you wanted to count, if you don't mind, if that's okay with you.
20:53If you want to go on up, Greg, you just wanted a question.
20:55So absolutely.
20:56Yeah.
20:57So Paul, if you want to just take a seat.
20:58Yeah.
20:59Thank you.
21:12Thank you, sir.
21:13I appreciate it.
21:14No, no problem, sir.
21:15Uh, Councillor Choquette, um, just a point.
21:19The, uh, the agreement was made in Superior Court, not in city council chambers.
21:24No offense to the city council.
21:26I think that any extension to that agreement would have to be done at Superior Court.
21:32Um, and just to note that there are other businesses being conducted there.
21:38There's a cold storage business, boats and campers are being stored there.
21:42And also, the agreement did expire on January 24th of, of this year, 4 years after the Superior Court case was settled with that agreement.
21:55And they've already gone over 5 months without any indication or anyone coming to the council to make an appeal that they have, they have an extension, or to Superior Court for that matter.
22:08And I'd just like to make that note, sir, that, uh, this, uh, council, um, and, uh, the, uh, solicitor's office take that into account.
22:17Thank you.
22:17If the matter does, uh, go forward.
22:19Thank you.
22:19Thank you, Greg.
22:22I, I would assume Eric Jakes would be next, right on your docket, Councillor?
22:26Yes, Mr. Chairman.
22:27Could you bring up, uh, Mr.
22:28Solicitor?
22:28Mr. Mr.
22:29Solicitor Jackson.
22:45Mr. Chairman, members of the council, what's your pleasure?
22:49My pleasure, uh, oh, I just had a question.
22:53So again, bringing us up to speed on all this, It appears that there was an agreement, but it has expired.
23:01So would that extension have to be filed in Superior Court?
23:05No, it wouldn't.
23:07No, it's not.
23:09It was not an agreement for judgment.
23:11It was a stipulation of dismissal in which the agreement of the parties was appended to the stipulation of dismissal.
23:19Okay.
23:21So in plain terms for the other individuals.
23:23The case is closed, and there is no judgment to amend.
23:29The agreement can be amended by the parties who were involved, which would be now, I guess, Mr. DaCosta's estate, I assume, acting through Ms. Matos, assuming she's the personal representative.
23:47And the City of New Bedford Planning Board— I'm sorry, Zoning Board of Appeals— who were the defendants in the action brought by Mr. DaCosta in A1.
24:00This matter goes back to 2016, and I have to apologize for some lack of knowledge on my part.
24:07Attorney Craig Espanola, who's no longer with our office, handled the matter in Superior Court.
24:14Uh, there's been references to conversations with Ryan Paveo, my first assistant.
24:20Ryan is out on leave until the end of this month, and so I have not been able to talk to him.
24:26What I did do was I pulled the Superior Court docket, I read the complaint, I read the answer, I read the pre-trial memo, I read the stipulation of dismissal and the agreement.
24:40I have a little bit of knowledge because way back when, when there was the wetlands issue and DEP was involved, I was providing advice to the Airport Commission, and they had to sign off in order for that berm to be done because it was necessary for Mr. DaCosta's contractor to come on to airport land to create remove the fence and do the necessary work to satisfy ConCom and DEP.
25:13So from that idea, I have some sense of what was going on.
25:19But I have read the agreement of the parties, and the agreement clearly states that it was a 4-year agreement.
25:28It's dated— the stip is dated January 22nd, of 2022.
25:34I'm sorry, I say 4 years— January 22nd of 2022.
25:40So it's expired in January of this year.
25:43I can say that no one from PECO or A1 has contacted the city at any time to ask to amend the agreement to allow them to finish up the work.
25:58Okay, uh, I haven't been to the site.
26:00I have no idea what's there nor how much time it would take to clean it up.
26:10Okay, no, you still have the floor, Councillor.
26:12Okay, um, he's up next.
26:15So in your professional opinion as a member of the bar, I would like to know, um, do you believe that the best course of action here would be to have the attorneys for both PECO and A1 propose an extension of some kind or apply for an extension of a specific time period, and that would go in front of the— would it be in front of the ZBA?
26:39What would be proper protocol?
26:40The ZBA would either have to vote to amend the agreement or they would have to give the solicitor's office authority to amend the agreement.
26:50Absent that, we would take an enforcement action against the owner and operator of the real estate because they're in violation of the agreement.
27:00There's a contract between the parties.
27:02They appear to be in violation based upon the evidence that Attorney Hurley gave us this evening.
27:10He's saying there's still material on the property, etc., etc.
27:15I can't tell you what operations are occurring there.
27:18I mean, they can use it as a contractor's yard, which means trucks can come and go.
27:25Yep.
27:26Uh, they're not supposed to bring in any material except for construction work to be done or improvements on the premises itself.
27:35They're not to be operating a retail contractor's yard business under the exact terms of this agreement, and they're certainly not supposed to be crushing anything, correct?
27:47My concern is we have no idea what's there, how long it will take to remove.
27:55Technically, we could go back to PECO, who I assume is profiting from this potentially, and say, get it the heck out of there.
28:06I don't care where you find a place to put it.
28:08Take it somewhere else, but get the heck out of there.
28:12The question is, is that a reasonable response if they're acting in good faith?
28:17And my sole concern about acting in good faith is they didn't come see us.
28:23They're talking to us now because you asked them to appear before the city council as a result of neighbors' complaints.
28:31Okay.
28:34All right, I'm— go ahead, Mr. Chairman.
28:37No, no, I know you have the floor, sir.
28:39Um, well, I know the other— Councilor Pereira, I think.
28:42No, no, don't, don't worry about him.
28:43He's, he's for Danny.
28:44So we've got Eric here now.
28:46So, okay.
28:47Yeah, he's for Danny.
28:48So do you— okay.
28:49Uh, I think I'm, I'm all set at this time.
28:51Thank you, Mr.
28:51Solicitor.
28:52Thank you for coming in tonight.
28:53Thank you, Councilor.
28:54Stay right there, Solicitor Jakes.
28:55Anyone for Solicitor Jakes while he's here?
28:58All right, my friend.
28:59Thank you.
29:00Chair recognizes Councilor Pereira.
29:01You would like Commissioner Romanowicz.
29:03All right, Danny.
29:19Good evening, Danny.
29:20Good evening.
29:21Have you or someone from your office been able to visit the site recently?
29:25Not recently.
29:26Okay, could we maybe check out what's going on there as far as other uses to make sure they're in compliance with being used as a construction yard?
29:34Yes, sir.
29:35Just to make sure that other, other issues aren't being there, because I, I— my concern, as Solicitor Jakes pointed out, was— would be to say, hey, look, get the remaining aggregate material crushed or uncrushed out of there but they're obviously allowed to still use the property for approved uses in that zone, which I believe was IB.
30:00Yes.
30:00So if we heard maybe some boat storage or some leftover material, like construction material, finished product, like from Fernandez Masonry, etc., seems like it's an acceptable use in a construction yard.
30:13Just wanted to confirm that with your department.
30:15Yeah, as long as Fernandez gets a permit to be there.
30:18There's no permits from Fernandez at the present time.
30:22Okay, to store stuff they need a permit is what you're saying?
30:25It's a different use of, of, um, the land and what the court allowed.
30:33Okay, say that again, I'm sorry.
30:36The court allowed them to get rid of the, the debris that's inside there on 4 years And it was January of this year, right?
30:45Okay, we still have some debris there.
30:49We don't know what we're going to do with it, but I don't know what Fernandez is doing on the property.
30:54The property was— it was never brought to our attention except when we got the complaints that Fernandez was coming in and out of there.
31:04But now that you're saying that they're storing stuff, they don't have a permit to store anything there.
31:09Equipment or, or any type of gravel.
31:14Okay, but so, but I think, I mean, with the zoning, my, my main concern is all the aggregate.
31:22Yeah.
31:22And I understand that they're under court order, uh, from what I just learned tonight, was with further stipulations than the current zoning bylaws.
31:31Is that correct?
31:32That's correct.
31:33Okay, so What, what my, my, I guess my opinion would be to figure out what's going on there.
31:42As long as they're not in violation of the zoning, they should seek to pull permits for the storage of everything else, in my opinion, immediately.
31:50And then on the other hand, uh, uh, Solicitor Jake's, uh, to Solicitor Jake's point about the aggregate, crushed or uncrushed, should just be removed at this point.
32:00So, uh, at some point, if you could just get a report to the council about what's currently on the site.
32:06So are we going to have permission to go to the site?
32:12Okay.
32:17All right.
32:24Okay, Mr. Matos, if, uh, yeah, if we could, you know, just put the microphone— so it just, uh, Councilor Perry, would you mind just repeating what that next Monday, he— it's his day off, and he would like to meet Danny and the Ward 1 Council there, just kind of take him on a walk of the property.
32:39We just have to get that for the record, okay, Mr. Matto, so people know.
32:42Thank you.
32:43Well, we'll figure this out.
32:47Yeah, we'll work on that, work the time out.
32:50All right.
32:51Yeah.
32:54All right, so that time he'll be there.
32:56Perfect.
32:57Good.
32:57Okay, thank you, Danny.
32:59You're welcome.
32:59You're all set, Councilor.
33:01Anyone for the commissioner while he's up here at the podium?
33:04All right, Danny, you can take a seat.
33:07I believe, Mr. Hurley, you wanted to make a point.
33:11All right, to the podium, please.
33:13Thank you.
33:16I just want to make a quick point because I think there might have been a little— maybe I'm wrong in my assumption, but I think there was a little confusion between between Fernandez and Pico.
33:26Um, the agreement explicitly states, and the zoning bylaws also state it, that can be used as a contractor's yard, which is what Fernandez is using it for.
33:37Pico is involved in the aggregate and cleaning up the aggregate, right?
33:41Um, that Fernandez has nothing to do with aggregate or, or any non-permitted use on the property.
33:48So I just wanted to make that clear.
33:50Thank you.
33:52That's right.
33:52All right, Council.
33:54Yes, Mr. Matos, please, by all means.
33:59The only— so the only thing Fernandez is doing there is they're storing some of their material and a few of their trucks.
34:07They're not doing anything else there, right?
34:09That's all they're doing.
34:10Yeah.
34:11And that's it.
34:12That's all.
34:12That's what I figured.
34:13Yeah.
34:19Uh, colleagues, I was just handed from our solicitor the stipulations that was enacted by the court, um, as regards this matter on January 24th, 2022.
34:30Uh, can I have the motion to receive and place this on file for the record?
34:33Motion to receive and place on file.
34:34Second.
34:34Made by Councilor Pereira, seconded by Councilor Choquette.
34:37Anyone on the question?
34:38All those in favor say aye.
34:40Aye.
34:40Opposed?
34:41The ayes have it.
34:42Colleagues, any other questions for any of the invited guests that are here from the community, from A1, from our building commissioner, from our solicitor?
34:52Any questions, any points to be made?
34:54I just— yeah, who is that?
34:56Uh, Chair Wagner, is Councilor Pereira?
34:58Thank you.
34:59I think at this point, the council— this councilor needs a lot more information, um, more, more, uh, information, um, The, the property manager has, has made it apparent he's available to meet.
35:12I would like to hear, get a report back on how that goes.
35:15In the meantime too, I have some further questions for Solicitor Jakes that I'd like to put in writing and submit to him and, and get some information from Solicitor Jakes at that time.
35:24Yes, Councilor, I agree.
35:25I believe a motion to table would be appropriate when ready, uh, as long as— but before we do that, any other questions for anyone that's here?
35:33Mr. Welsh, you wanted to make a point?
35:45One of the big problems is that the trucks come out of that on a, on a wet, rainy day that's been raining, and they come out with the the mud in their tires.
36:00And as they drive down the street, they're like bricks that lay in the road.
36:06And the next day, the sun bakes them, and then everybody's driving over them, and the dust on a windy day is blowing right into the houses, or right into my house anyway.
36:18So that's a, that's a big problem.
36:22So That's all I wanted to say.
36:25Thank you.
36:28Thank you.
36:31Anyone else?
36:31For anyone here in the community or in the audience?
36:36All right, the chair recognizes Councilor Choquette.
36:38I'd like to make a motion to table.
36:39Motion to table made by Councilor Choquette.
36:41Second.
36:42Seconded by Councilor Pereira.
36:43All those in favor say aye.
36:45Aye.
36:46Opposed?
36:46The ayes have it.
36:47So everyone in the audience here in the chamber We have tabled the item tonight.
36:51We're going to bring this back sometime after budget.
36:54Okay, we'll bring this back.
36:55In the meantime, hopefully Mr. Matos, the commissioner, Mr. Choquette, and members of the community will get together and we'll find sort of a middle ground and we'll all be happy and we'll have something to report back at that point.
37:08Sounds good.
37:09Excellent.
37:10Okay, at this time the chairman will entertain a motion to adjourn.
37:13Motion to adjourn made by Councilor Roy, seconded by Councilor Choquette.
37:17Anyone on the question of adjournment?
37:19All those in favor say aye.
37:20Aye.
37:21Opposed?
37:21The ayes have it.
37:22We are adjourned at 7:36 PM.
37:24Have a great evening, everyone.