OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Environmental Affairs Committee Special Meeting - June 9, 2026

Default ViewTuesday, June 9, 2026
BodyNew Bedford, Massachusetts
SessionDefault View
DateTuesday, June 9, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:41

Colleagues, are you ready?

0:42

Seven o'clock.

0:43

All right, let's do this.

0:46

Good evening, ladies and gentlemen.

0:48

It is seven o'clock P.M.

0:49

on Tuesday, June 9th, 2026.

0:52

I'd like to call to order the special committee meeting of the Environmental Affairs Committee.

0:57

Note this meeting is being live streamed and recorded.

1:10

I am joined by my colleagues this evening in the New Bedford City Council Chambers.

1:15

We have Ward 1 Councilor Leo Choquette, Councilor of Ward 6 and City Council President for 2026, Ryan Pereira, and myself, New Bedford City Councillor at large, Ian Abrew, and Chairman of this committee.

1:28

I'll ask Clerk Lawrence Clerk, is there anything to be read into the record at this time?

1:31

There is nothing.

1:32

All right, item one is now before us.

1:33

Item number one is a written motion, Councillor Choquette requesting that the special committee on environmental affairs meet with attorney Eric Jakes, City Solicitor, along with the owner of A1 Asphalt, located at 1861 Shaman 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 materials through the Shaman Avenue neighborhood behind the New Bedford Airport.

2:03

On the on the question.

2:08

Made by Councillor Choquette, seconded by Ryan Per Counselor Pereira.

2:11

Anyone on the question?

2:12

All in favor say aye.

2:14

Oppose the ayes have it.

2:15

Counselor Choquette.

2:17

Thank you, Mr.

2:17

Chairman.

2:18

Um thank you for everyone here tonight.

2:20

Uh I just want to stress that this is not any kind of adversarial meeting.

2:25

This is more of like a confab.

2:26

Like 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.

2:36

And again, thank you to the solicitor for coming tonight.

2:39

Um I've just I've received complaints and you know I I'm just now learning some of the side of the story uh uh of the gentleman here.

2:50

So this is I hope this is productive.

2:52

And again, by no means is this an adversarial thing.

2:55

We're just trying to get some uh discussion going.

2:58

I agree with you from the chair.

2:59

I agree with you, counselor.

3:00

Um let's keep this uh tonight, let's keep this non-adversarial without rumor, conjecture, slander, innuendo.

3:07

We 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.

3:13

The chair would like to recognize Councilor Roy and Vice Chairman, Counselor at large has joined us.

3:18

Thank you, sir.

3:19

So with that being said, uh Councilor Choquett, this is your motion, but you and I discussed prior.

3:24

There's no really correct rhyme or reason to do this, but I think we agreed we will let members of the community come up first.

3:30

We'd give them three minutes apiece.

3:32

They 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, then we can get our legal counsel up and so forth.

3:47

Does that work for you, colleagues?

3:48

Does that work?

3:49

That works.

3:49

Is that working, Mr.

3:50

Slisser?

3:51

Oh okay.

3:52

So through you, uh the Ward One Counselor, uh if members of the community would like to come up and speak at the podium about their concerns, yes, come right up.

4:03

Yes.

4:11

Thank you, sir.

4:13

All right, sir.

4:13

Uh your name and address for the record, please.

4:16

Uh my first name is Greg Green, my last name is Sarroy.

4:18

S-I-R-O-I-S.

4:20

Would you mind just bringing your uh mic up a little bit, Greg?

4:22

Thank you.

4:23

Uh 1930 Shaman Avenue in New Bedford Mass.

4:27

Um basically the agreement uh that I had read and then I saw indicated that Pico Stone was supposed to cease uh operation of the cleanup of the property at uh 1861 Shaman Avenue on 124 of 26.

4:45

And at that time uh that property was supposed to cease operation as a contractor's yard.

4:50

Uh yet we have additional contractors that have moved in since then, and Pico Stone is uh still moving material out of the property.

5:06

Um I had met with uh Ryan Pavale in the solicitor's office relative to this, and uh we had some discussion on it.

5:13

Um and I felt that my uh my next option was to uh speak with uh counselor Joquet.

5:19

Um I did go to uh Superior Court, did get a copy of the of the agreement, and uh I'm looking for a status on that, whether or not the agreement's been extended.

5:28

Um I understood from uh Mr.

5:30

Paveo that if uh Pico Stone or the owners of the property at 1861 Shaman Avenue had requested an extension that the city would oppose that.

5:41

And that's basically my reason for being here tonight.

5:44

Thank you.

5:45

Thank you, sir.

5:46

The chair would like to recognize that we have been joined by counselor at large Naomi Carney.

5:51

She is not a member of this committee, but thank you for coming nonetheless.

5:53

Appreciate it.

5:54

Anyone else in 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.

6:11

Name and address for the record too, please, sir.

6:13

Tom Welch, uh 1878 Sharman Ev.

6:18

Tom, what's your last name again?

6:19

Welsh Welch.

6:20

Welch.

6:21

Thank you.

6:22

My concern is that um that this thing goes back to being a aggregate recycling facility.

6:34

Uh it kind of morphed into that.

6:37

A1 asphalt did.

6:40

And then he tried to get it legally done, but it was denied by the building department, and he kept appealing that.

6:52

And he kept appealing that, and they kept upholding it.

6:57

And um, in the meantime, his lawyer told him he could keep running the place as an aggregate recycling facility for two or three years.

7:07

We were inundated with uh dust and dirt and traffic and trucks, and it was a horror over there with with the with what was happening.

7:22

Uh he had uh uh 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, and there was there was trucks every two minutes.

7:40

I took a week of vacation to paint my house, and every two minutes there was a giant dump truck coming through there.

7:48

In fact, the airport gave him all of the material from the uh runway uh expansion or the runway remodel or whatever they were doing over there.

8:02

It it really was a horrible place to be over there with the we couldn't we couldn't open our windows.

8:09

Uh on a day like this, we we couldn't open our windows.

8:14

And I just I just hope that that it just doesn't turn back into that.

8:20

Uh uh, you know, it wasn't an allowed use then, and that's why it was denied.

8:28

But he kept appealing and appealing, and and finally the clock ran out on him, and I think now the environmental people got involved in this thing.

8:37

And who knows what happened then.

8:39

I mean, this thing just kind of just I don't know what happened.

8:45

Kind of lost track of it, but anyhow, that that's uh I appreciate you letting me speak.

8:51

Thank you.

8:51

I appreciate that, Mr.

8:52

Welsh.

8:53

Thank you.

8:54

Anyone else in the neighborhood who wishes to speak on this?

8:57

Mr.

8:57

Saroy, you yes, sir.

8:59

Yeah, you you didn't use up your entire three, so you can come back up again for another minute, no problem.

9:09

Another minute good for you, Greg.

9:11

Oh, that's fine.

9:12

Okay, we'll run the clock for a minute for you.

9:14

Thank you.

9:15

So uh and and uh just one other question I forgot to mention, sir.

9:19

I'm sorry.

9:19

Um during my uh my meeting with Ms.

9:23

Mr.

9:23

Pavale, it indicated that they had tried to sell the property and they couldn't sell the property.

9:28

And I was just curious why that may be, and I'll explain why.

9:32

Um if it was because of environmental issues, um, I think it's uh I think it's appropriate to address and too, then 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.

9:44

Um, and also uh the time frame that Mr.

9:48

Welsh spoke of.

9:49

I know the uh the last environmental study um was uh was confirmed on 227, 2009 for that airport project when uh when the vehicles uh when they moved all that material from there.

10:01

And uh just as a side note, sir.

10:03

I had spoken to uh Matt Dacas from DEP, and Mr.

10:07

Degas 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 uh recycled on the airport property, and that's why it had to be moved off property to be recycled.

10:23

Thank you.

10:24

Great timing, Greg.

10:25

Thank you.

10:26

All right, so um Councillor Choquette, uh, who would you like to hear from next?

10:31

I mean, there were some concerns and some points raised of a legal matter, which we have our solicitor here, but there are also some questions asked of the A1 folks, so we could go either way at your motion.

10:42

Who would you like to hear from next?

10:44

Yeah, I I think uh thank you, Mr.

10:46

Chairman.

10:46

I think the best course of action would be to hear from uh Mr.

10:49

Mathos's attorney.

10:50

Okay, so we have Mr.

10:51

Sean Hurley, uh their legal representative.

10:54

If you want to take the podium, sir.

10:56

If you wouldn't mind please providing the committee with your name and address for the record, sir.

11:01

Uh my name is Sean Hurley.

11:02

My office at 432 County Street in New Bedford, Massachusetts.

11:06

Thank you.

11:06

I saw you taking copious notes, so maybe you can address some of the concerns or points that were raised.

11:11

Sean, before you begin, are you S H or S E?

11:13

S E.

11:14

Okay, thank you.

11:17

That's what it's what they tell me.

11:18

Go ahead, Sean.

11:19

You're all set.

11:20

Um I would just like to so this all stems from sort of a zoning uh action that was in court, you know, eight or so years ago.

11:30

Um while that zoning matter was ongoing, uh Mr.

11:34

DeCosta passed away.

11:36

Um I represented the estate.

11:38

Miss Modus Matos inherited the property and the business.

11:42

Inherited it all.

11:43

Um the substance of the zoning matter was whether or not the aggregate business was grandfathered in or not.

11:51

Um since Ms.

11:52

Mattis inherited the property, she decided she didn't want to fight that in court anymore.

11:57

So they came to an agreement with the city to dismiss the um dismiss the action so long as no new materials were brought into the property, but they were permitted to sort, crush, and remove the remaining materials on the property for a period of four years from the execution of that settlement agreement.

12:18

Um in particular, uh will note that as part of that agreement, the town uh the city agreed that a contractor's yard is still is a permitted use, and that's consistent with zoning um industrial B.

12:35

So it can be used as a contractor's yard.

12:38

Um so stepping back to the four-year period, that would have expired um uh a little bit into January.

12:48

So PICOS, the my client uh as part of the estate had to start selling the equipment in the business, uh all the business assets to pay debts of the estate and pay off uh some of the other um beneficiaries of the estate.

13:06

So Pico Stone stepped in, they bought some of the equipment, and we had an agreement with them where they would remove the remaining materials.

13:14

We had an agreement with them.

13:17

Um as of today, they've removed I spoke with their attorney this morning, uh Kevin Medeiros, who couldn't be here tonight.

13:25

But according to Kevin, um as of today they've they've removed four that uh 40,000 yards of material from the property, and there's approximately only three thousand left.

13:39

Um so I know it was mentioned that some one of the uh speakers had spoken to the city and they would be you know opposed to an extension, but uh Kevin asked me to, you know, he he he would like to speak with the town about getting an extension of that just to get what essentially amounts to the last seven percent of the aggregate uh material out of there.

14:03

Out of what's left, about 90 percent of it's already been processed.

14:08

So it's just sitting there waiting to get out.

14:11

No, to my knowledge, no new material has been brought in recently, you know, any time recently, you know, although my clients haven't been babysitting the property.

14:23

Um, so I don't really know what's left for PICO 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.

14:37

It's trucks going in and out.

14:39

Those same style of trucks could be going in and out if it's a contractor's use, uh contractor's yard.

14:45

There's they're only looking for the I think they I think attorney Mendaro said suggested six months to get the remaining three thousand yards of material out, then it ceases to be used as uh as a you know an aggregate processing yard processing yard um and then can only be used for whatever other permitted uses are allowed under the zoning bylaws.

15:08

Um I know some issues of environmental uh were brought up.

15:17

There was uh there was uh some uh there was a matter before conservation at one point because Mr.

15:23

DeCosta I think had filled some of the wetlands, that's been remediated.

15:28

Uh no other environmental due diligence has been done on the property, the property during the last I've been representing Ms.

15:35

Mattis since 2018, I believe.

15:39

And at no point during my representation has the property been listed for sale, offered for sale, or anything to that matter.

15:46

So that would just be uh rumors.

15:49

Um despite numerous offers, the unsolicited offers for people to uh uh from people who have wanted to purchase it.

15:57

So long story short is there was an agreement that materials were to be remaining materials were to be removed by January that hasn't been done for a variety of factors.

16:07

Obviously, PICO processes it and sells it.

16:11

There's been slowdowns in the economy and all those types of things.

16:14

Um but a very small amount in terms of the the total amount that was there is left to be removed.

16:22

And of that amount, most of it is has already been processed.

16:26

Um that's just like that's what we would like to convey to uh to this committee.

16:32

Okay.

16:33

Thank you, sir.

16:34

Um counselor or anyone from the floor have questions for attorney Hurley.

16:37

Don't go away just yet, sir.

16:38

Hold on.

16:39

Yeah, thank you, attorney.

16:40

Uh so I guess two questions would come to mind.

16:43

Um would be so you're saying uh roughly seven percent of the total is is left uh to remove.

16:54

What would be, in your estimate, the amount of time required for that to be removed?

17:02

I am not I have no I am not, nor have I ever been in the aggregate industry.

17:07

So I can't I can't uh you know confidently answer that.

17:10

All I can say is that the uh you know that their council uh I most likely at their request had suggested six months.

17:19

I mean, there's as I mentioned, there's stuff, there's there's material there that's been processed, so if they were removed, if there was a market for it, it would be gone.

17:28

Um so I think a lot of it has to do with not time for processing it, but for demand demand for it, essentially.

17:37

Okay.

17:38

And um so once that material is removed, then obviously PICO is not going to be required to drive in there and do anything on the site, right?

17:50

I mean, like the traffic will cease.

17:53

As uh their traffic for PICO will cease.

17:56

Yeah.

17:56

Um and then the last question, and it maybe Mr.

18:03

Matos knows this better than you, but what will be the future use at that site?

18:10

Is there anything planned?

18:12

That's still to be determined.

18:13

Fernandez Masonry is currently renting a little bit of it again as a as a contractor's yard.

18:20

They store leftover materials for their you know, leftover materials from their projects until they require similar similar materials for another project.

18:31

Okay.

18:32

Uh they have several yards.

18:34

This is just kind of like an overflow.

18:38

Okay.

18:39

Um I think I'm almost sad, Mr.

18:42

Just hang right there.

18:42

Thank you.

18:43

Uh Council Shoquett, Mr.

18:44

Maddows, was there anything you would like to add to that?

18:46

Yes, please.

18:49

Name and address for the record, Paul.

18:51

Go ahead.

18:51

Go right ahead.

18:53

My name is Paul Maddows.

18:54

I'm Nina's brother.

18:55

And I take care of that property for.

18:58

So like he said, he's not in that arrogant uh business, neither am I.

19:03

So I don't know how much time he needs left.

19:05

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.

19:12

Many did a fabulous job.

19:14

As far as them saying the material come in a route, I it's probably my fault.

19:19

I should have watched a little better.

19:20

I don't know if if the neighbors say that they're bringing stuff in.

19:24

I've asked Manny numerous times he said he's not bringing stuff in.

19:28

And so right up till two or three days ago I asked him again, and he said he's not.

19:33

He's almost done.

19:34

He's having trouble selling what he's processed, but there's uh a very small amount left for him to finish.

19:41

And then he's done.

19:42

But and as far as uh the stuff coming in from all over the state that hasn't been since Tony's pass, I don't know what went on before that.

19:51

But you know, none of that's going on.

19:54

Nobody's bringing anything in.

19:55

We're trying to get rid of stuff, not bring stuff in.

19:58

And that's it.

20:00

And I mean, if there's something we can do to to help satisfy these people, let us know.

20:04

You know what I mean?

20:05

I I want to have happy neighbors.

20:08

So if they could come up with an idea for us, we'll work with them.

20:12

Okay.

20:12

And that's it.

20:13

I mean, I don't want to argue with anybody.

20:15

I want everybody to get along nice.

20:17

Oh, as do I, sir.

20:18

Right?

20:18

Yeah, right.

20:19

So I mean, let's have a conversation.

20:21

Let's talk.

20:22

Tell tell us, tell us what you want us to do.

20:24

Okay.

20:25

Paul, can you just give your address for the record?

20:26

You gave your name and I ran.

20:28

My address is 8 Burke Street Accusion at Mass.

20:31

02743.

20:33

Thank you, sir.

20:34

Thank you.

20:34

Anyone else from Mr.

20:35

Mattles while he's here off his attorney, uh, Mr.

20:38

Hurley.

20:41

Uh Counselor Choquett, um, and uh it is allowable.

20:44

I spoke to the clerk.

20:45

Uh Mr.

20:46

Saroy just had a point.

20:47

He wanted I I really don't want to get into a back and forth, but there's something you wanted to count.

20:51

If you don't mind, if that's okay with you, if you want to go on up, Greg, you're trying to question.

20:55

So let's go.

20:57

So, Paul, if you want to just take a seat.

20:58

Yeah.

20:59

Thank you.

21:12

Thank you, sir.

21:13

I appreciate it.

21:14

No, no problem, sir.

21:15

Uh Councillor Toquett.

21:16

Um, just a point.

21:19

The uh the agreement was made in Superior Court, not in City Council changes, no offense to the city council.

21:26

I think that any extension to that agreement would have to be done at Superior Court.

21:32

Um, and just a note that there are other businesses being uh conducted there.

21:38

There's a cold storage business, boats and campus are being stored there.

21:42

Um, and also uh the agreement did expire on uh January 24th of uh of this year, four years after the uh Superior Court case was settled with that agreement.

21:55

Um they've already gone over uh five 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, and I just like to make that note, sir, that uh this uh council um and uh the uh uh solicitor's office take that into account.

22:17

Thank you.

22:17

Uh if the matter does uh go forward.

22:19

Thank you.

22:19

Thank you, Greg.

22:22

Okay.

22:22

I I would assume Eric Jakes would be next, right on your docket, Counselor.

22:26

Yes, Mr.

22:26

Chairman.

22:26

Could you bring up uh Mr.

22:28

Solicitor?

22:28

Mr.

22:29

Solicitor Jakes.

22:45

Mr.

22:45

Chairman, members of the council.

22:48

Much pleasure.

22:49

My pleasure.

22:50

Um, I just had a question.

22:52

So again, bringing us up to speed on all this, um it appears that there was an agreement, but it has expired.

23:00

So would that extension have to be filed in Superior Court?

23:05

No.

23:06

It wouldn't.

23:07

No.

23:08

Okay.

23:09

It was not an agreement for judgment.

23:11

Okay.

23:11

It was a stipulation of dismissal in which the agreement of the parties was appended to the stipulation of dismissal.

23:20

Okay.

23:21

So in plain case for the other individuals.

23:29

The agreement can be amended by the parties who are involved, which would be now, I guess uh Mr.

23:40

DeCost is a state, I assume acting through Ms.

23:43

Matos, assuming she's the personal representative.

23:47

And the City of New Bedford Planning Board.

23:50

I'm sorry, zoning board of appeals, who were the defendants in the action brought by Mr.

23:57

DeCosta in A1.

24:00

This matter goes back to 2016.

24:03

And I have to apologize for some lack of knowledge on my part.

24:07

Attorney Craig Espinola, who is no longer with our office, handled the matter in Superior Court.

24:13

Uh there's been references to conversations with Ryan Praveo, my first assistant.

24:19

Ryan is out on leave until the end of this month.

24:24

And so I have not been able to talk to him.

24:26

What I did do was I pulled the Superior Court docket.

24:30

I read the complaint, I read the answer, I read the pretrial memo, I read the stipulation dismissal and the agreement.

24:40

I have a little bit of knowledge because way back 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.

25:00

DeCosta's contractor to come on to airport and land to create and remove the fence and do the necessary work to satisfy CONCOM and DEP.

25:13

So from that idea, I have some sense of what was going on.

25:19

But I have read the agreement of the parties.

25:23

And the agreement clearly states that it was a four-year agreement.

25:27

It's dated the STIP is dated January 22nd of 2022.

25:34

I am sorry, I say four years?

25:36

January 22nd of 2022.

25:40

So it's expired in January of this year.

25:43

I can say that no one from PICO or anyone has contacted the city at any time to ask to amend the agreement to allow them to finish up the work.

25:58

Okay.

25:59

I haven't been to the site.

26:00

I have no idea what's there, nor how much time it would take to clean it up.

26:08

Okay.

26:11

No, you still have the floor, Counselor.

26:12

Okay.

26:13

He's up next.

26:14

So in your professional opinion as a member of the bar, I would like to know.

26:21

Um, do you believe that the best course of action here would be to have the attorneys for both PICO 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 for the ZBA?

26:39

Uh what would be proper protocol?

26:40

The 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.

26:50

Absent that we would take an enforcement action against the owner and operator of the real estate, because they are in violation of the agreement.

27:00

There is a contract between the parties.

27:02

They appear to be in violation best based upon the evidence that Attorney Hurley gave us this evening.

27:10

He's saying there's still material on the property, et cetera, et cetera.

27:15

I can't tell you what operations are occurring there.

27:19

I mean, they can use it as a contractor's yard, which means trucks can come and go.

27:25

Yep.

27:26

Uh they're not supposed to bring in any material except for construction work to be done or improvements on the premises itself.

27:35

They're not to be operating a retail contractor's yard business under the exact terms of this agreement.

27:42

And they're certainly not supposed to be crushing anything.

27:46

Correct.

27:47

My concern is we have no idea what's there, how long it will take to remove.

27:55

Technically, we could go back to PICO, who I assume is profiting from this potentially, and say, get it the heck out of there.

28:06

I don't care where you find a place to put it, take it somewhere else, but get it the heck out of there.

28:12

Uh the question is, is that a reasonable response if they are acting in good faith?

28:17

And my sole concern about acting in good faith is they didn't come see us.

28:23

They are talking to us now because you asked them to appear before the City Council as a result of neighbors' complaints.

28:33

Okay.

28:33

Um go ahead, Mr.

28:36

Chairman.

28:37

No, no, no.

28:37

I no, you have the floor, sir.

28:39

Um, I I know the other uh Councilor Pereira, I think.

28:42

No, no, don't worry about him.

28:43

He is he is for Danny, so we have got Eric here now, so he's for Danny, so do you think Okay, uh, I think I'm I'm all set at this time.

28:51

Thank you, Mr.

28:51

Solicitor.

28:52

Thank you for coming in tonight.

28:53

Thank you, Counselor.

28:54

Stay right there, solicitor Jakes.

28:55

Anyone for solicitor Jakes while he is here?

28:58

All right, my friend, thank you.

29:00

Chair recognize Councillor Pereira, you would like Commissioner Romanowitz.

29:03

All right, Danny.

29:19

Good evening, Danny.

29:20

Good evening.

29:21

Have you or someone from your office been able to visit the site recently?

29:25

Not recently.

29:26

Okay.

29:27

Um could we maybe check out what is going on there as far as other uses to make sure they are in compliance with being used as a construction yard?

29:34

Yes, sir.

29:35

Just to make sure that other issues aren't being there because I I uh concern uh 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 are obviously allowed to still use the property for approved uses in that zone, which I believe was IB.

30:00

Yes.

30:00

So if we heard maybe some boat storage or uh uh some leftover material uh like construction material finished product like from Fernandez Masonry, et cetera, seems like it's an acceptable use in a construction yard.

30:13

Just wanted to confirm that with your department.

30:15

Yeah, as long as Fernandes gets a permit to be there.

30:18

There's no permits from Fernandes at the present time.

30:22

Okay.

30:23

To store stuff, they need a permit, is what you're saying.

30:26

It's a different use of um the land and what the court allowed.

30:33

Okay.

30:34

Say that again, I'm sorry.

30:36

The court allowed them to get rid of the the uh debris that's inside there on four years, and it was January of this year.

30:45

Right.

30:46

Okay.

30:46

We still have some debris there.

30:48

We don't know what we're gonna do with it, but I don't know what Fernandes is doing on the property.

30:54

The property was the it was never brought to our attention except when we got the complaints that Fernandes was coming in and out of there.

31:04

But now that you're saying that they are storing stuff, they don't have a permit to store anything there.

31:09

Equipment or or any type of gravel.

31:14

Okay.

31:15

But so but I think I mean f uh with the zoning, my my con my main concern is all the aggregate.

31:22

Yeah.

31:22

And I understand that they're under court order uh uh from what I just learned tonight was with further stipulations than the current zoning bylaws.

31:31

Is that correct?

31:32

That's correct.

31:33

Okay.

31:33

So what what my I guess my opinion would be to figure out what's going on there.

31:42

As 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.

31:50

And then on the other hand, uh uh solicitor jakes uh to solicitor jakes' point about the aggregate crushed or uncrushed should just be removed at this point.

32:00

So uh at some point if you could just get a report to the council about what's currently on the site.

32:06

So are we gonna have permission to go to the site?

32:09

Yeah, I would like to meet you, and I would like to meet Mr.

32:11

Joe Geth there.

32:12

Okay.

32:16

Next Monday if possible might be up at the restroom.

32:24

Okay.

32:24

Mr.

32:25

Mattos.

32:29

Uh Council Purer, would you just repeating what he next Monday he is his day off and you would like to meet Danny and and and the water one council there just to kind of take them on a block of the property.

32:39

We just have to get that for the record, okay, Mr.

32:41

Maddow, so people know.

32:42

Thank you.

32:42

Uh later.

32:46

Well, we figured we'll figure this out to the meeting.

32:47

Yeah, we'll work on the work the timeout after the meeting.

32:50

Yeah.

32:51

Yeah.

32:51

Um, you come down to the meeting.

32:54

All right.

32:55

So that time he'll be there perfect.

32:57

Good.

32:57

Okay.

32:58

Thank you, Danny.

32:58

You're welcome.

32:59

I don't know if you're going to be able to do that.

32:59

You're all set, Counselor.

33:01

Anyone for the commissioner while he is up here at the podium?

33:04

All right, Danny, you could take a seat.

33:06

Uh I believe Mr.

33:07

Hurley, you wanted to make a point.

33:09

Yeah, just to agree one.

33:12

All right, to the podium, please, thank you.

33:16

I j I 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 I think there was a little confusion between Fernandez and Pico.

33:26

Um the agreement explicitly states and the zoning bylaws also state it that it can be used as a contractor's yard, which is what Fernandez is using it for.

33:37

PICO is involved in the aggregate and cleaning up the aggregate.

33:40

Right.

33:41

Um Fernandez has nothing to do with aggregate or any non-permitted use on the property.

33:48

So I just wanted to make that clear.

33:50

Thank you.

33:51

That's right.

33:52

All right, Council.

33:54

Yes, Mr.

33:54

Maddows, please.

33:55

By all means.

33:59

So the only thing Fernandez is doing there is they're storing some of their material and a few of their trucks.

34:06

They're not doing anything else.

34:08

Right.

34:09

That's all they're doing.

34:10

Yeah.

34:11

And that's it.

34:12

That's all I've got to do.

34:12

That's what I figured.

34:13

Yeah.

34:19

Uh colleagues, I was just handed from our solicitor the stipulations that was enacted by the court as regards this matter on January 24th, 2022.

34:30

Uh can I have the motion of receiving places on file for the record?

34:33

Motion to receive and place on file.

34:34

Second.

34:34

Made by Council Pereira, seconded by Councillor Choquet.

34:37

Anyone on the question?

34:38

All the favor say aye.

34:39

Aye.

34:40

Oppose the ayes have it.

34:42

Colleagues, any other questions for any of the invited guests that are here from the community, from A1, from our building commissioner, from our solicitor.

34:52

Any questions, any points to be made?

34:54

I just Yeah.

34:55

Who is that?

34:56

Uh Chair Roger's Council Pereira.

34:58

Thank you.

35:00

I I think at this point the council, this counselor needs a lot more information.

35:04

More more uh information.

35:06

Um the the property manager has has made it apparent he's available to meet.

35:12

I would like to hear get a report back on how that goes.

35:15

In the meantime, too.

35:16

I have some further questions for Solicitor Jakes uh that I'd like to put in writing and submit to him and and get some information from Solicitor Jakes at that time.

35:24

Yes, Councilor, I agree.

35:25

I 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?

35:32

Mr.

35:33

Welsh, you wanted to make a point?

35:44

Um of the big problems is that the trucks come out of the on a on a wet, rainy day that's been raining.

35:57

They come out with the mud in their tires, and as they drive down the street, the they're like bricks that lay in the road, and the next day the sun bakes them, and then everybody is driving over them, and the dust on a windy day is blowing right into the house, or right into my house anyway.

36:18

So that's uh that's a big problem.

36:22

So uh that's all I wanted to say.

36:25

Thank you.

36:28

Thank you.

36:30

Anyone else for anyone here on the community or in the audience?

36:36

All right, the chair recognizes Councillor Choquett.

36:39

Motion to table made by Councillor Choquette.

36:41

Second.

36:42

Seconded by Councilor Pereira.

36:43

All those in favor say aye.

36:45

Aye.

36:46

Opposed, the ayes have it.

36:47

So everyone in the audience here in the chamber, um, we have tabled the item tonight.

36:52

We're gonna bring this back sometime after budget.

36:54

Okay, we'll bring this back.

36:55

In the meantime, hopefully, Mr.

36:57

Maddows, the commissioner, Mr.

37:00

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.

37:08

Sounds good?

37:09

Excellent.

37:09

Motion to adjourn.

37:10

Okay.

37:10

At this time, the chairman will entertain a motion to adjourn.

37:13

Motion to adjourn.

37:14

Made it by counselor Royce, seconded by Councillor Choquett.

37:17

Anyone on the question of adjournment?

37:19

All in favor say aye.

37:20

Aye.

37:20

Aye.

37:21

Opposed, the ayes have it.

37:22

We are adjourned at 7:36 p.m.

37:24

Have a great evening, everyone.

Discussion Breakdown — Share of Meeting
Environmental Protection█████████████████████████████████████████████47%
Legal Affairs█████████████████18%
Pending Litigation███████████████16%
Engineering And Infrastructure██████████10%
Procedural█████████9%
Summary of Proceedings

Environmental Affairs Committee Special Meeting - June 9, 2026

This special meeting of the New Bedford Environmental Affairs Committee was called to discuss the status of a trucking and shipping agreement related to the transportation of materials through the Shaman Avenue neighborhood behind the New Bedford Airport. The agreement, stemming from a 2022 Superior Court stipulation, allowed Pico Stone to remove remaining aggregate from the A1 Asphalt property at 1861 Shaman Avenue. The meeting included public testimony, statements from legal representatives, the City Solicitor, and the Building Commissioner. The committee tabled the item pending further investigation and a site visit.

Public Comments & Testimony

  • Gregory G. Sarroy (1930 Shaman Avenue) stated the agreement required Pico Stone to cease cleanup by January 24, 2026, and the property to cease as a contractor's yard, but noted additional contractors had moved in and Pico Stone was still moving material. He had been told by the city's first assistant that the city would oppose an extension. He questioned whether the property was unsellable due to environmental issues and noted that a 2009 study for the airport project found the runway asphalt was too contaminated to be recycled on airport property.
  • Tom Welsh (1878 Shaman Avenue) expressed concern that the site would revert to being an aggregate recycling facility, describing past problems with dust, dirt, traffic, and trucks coming every two minutes. He said the previous owner operated without an allowed use and the building department denied appeals, but the owner continued operating. He hoped the situation would not return to that level of disturbance.
  • Gregory G. Sarroy (returning) added that the agreement was made in Superior Court, not City Council, and any extension would need to be done there. He noted other businesses (cold storage, boat and camper storage) were operating, and the agreement had expired five months prior without any appeal to council or court for an extension.

Discussion Items

  • Attorney Sean Hurley (representing the estate of Tony DeCosta and current owner Nina Matos) explained the background: a zoning lawsuit from about eight years ago was dismissed after a settlement agreement allowing removal of materials within four years. The property can still be used as a contractor's yard (permitted in Industrial B zoning). Since the owner inherited, Pico Stone bought equipment and agreed to remove remaining material. As of the meeting, 40,000 cubic yards had been removed, with about 3,000 yards left (approximately 7% of the total). He requested a six-month extension based on attorney Kevin Medeiros's suggestion. No new material has been brought in recently. The property was never listed for sale despite unsolicited offers.
  • Paul Maddows (8 Burke Street, Acushnet, brother of owner) confirmed he manages the property. He stated Pico Stone had done a good job and was almost done but having trouble selling processed material. He acknowledged possibly not monitoring closely enough but said no new material is being brought in. He expressed willingness to work with neighbors.
  • City Solicitor Eric Jakes clarified the agreement was a stipulation of dismissal, not a court-ordered judgment, so it can be amended by the parties (Zoning Board of Appeals and the owner). He noted no one from Pico Stone or the estate had contacted the city to amend the agreement. He stated the property is technically in violation of the agreement because material remains. He emphasized the agreement prohibits bringing in material (except for construction improvements) and crushing. He suggested an enforcement action could be taken if an extension is not sought.
  • Building Commissioner Daniel Romanowitz confirmed he had not visited the site recently but agreed to inspect it. He noted that Fernandez Masonry, which is storing materials and trucks on site, does not have a permit for that use. He stated that as a contractor's yard in IB zoning, a permit would be required for storage.
  • Councilor Ryan Pereira advocated for obtaining a report on current site uses and ensuring compliance with zoning. He suggested that aggregate should be removed and other uses (like boat storage) be verified as permitted. He requested a site visit with the building commissioner, the councilor, and the property manager.
  • Attorney Hurley (returning) clarified that Fernandez Masonry is using the property as a contractor's yard (permitted) and is not involved with aggregate processing, which is solely Pico Stone's activity.
  • Paul Maddows (returning) confirmed that Fernandez is only storing material and trucks and doing nothing else.

Key Outcomes

  • The committee voted to receive and place on file the court stipulation from January 24, 2022 (motion by Councilor Pereira, seconded by Councilor Choquette).
  • Councilor Choquette made a motion to table the item, seconded by Councilor Pereira. The motion passed unanimously. The item will be brought back after the city budget process.
  • A site visit was arranged for the following Monday (June 15, 2026) with Building Commissioner Romanowitz, Councilor Choquette, and property manager Paul Maddows to assess the property and remaining material.
  • Councilor Pereira indicated he would submit written questions to Solicitor Jakes for further legal clarification.
  • The meeting adjourned at 7:36 PM.

Meeting Transcript

Colleagues, are you ready? Seven o'clock. All right, let's do this. Good evening, ladies and gentlemen. It is seven o'clock P.M. on Tuesday, June 9th, 2026. I'd like to call to order the special committee meeting of the Environmental Affairs Committee. Note this meeting is being live streamed and recorded. I am joined by my colleagues this evening in the New Bedford City Council Chambers. We have Ward 1 Councilor Leo Choquette, Councilor of Ward 6 and City Council President for 2026, Ryan Pereira, and myself, New Bedford City Councillor at large, Ian Abrew, and Chairman of this committee. I'll ask Clerk Lawrence Clerk, is there anything to be read into the record at this time? There is nothing. All right, item one is now before us. Item number one is a written motion, Councillor Choquette requesting that the special committee on environmental affairs meet with attorney Eric Jakes, City Solicitor, along with the owner of A1 Asphalt, located at 1861 Shaman 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 materials through the Shaman Avenue neighborhood behind the New Bedford Airport. On the on the question. Made by Councillor Choquette, seconded by Ryan Per Counselor Pereira. Anyone on the question? All in favor say aye. Oppose the ayes have it. Counselor Choquette. Thank you, Mr. Chairman. Um thank you for everyone here tonight. Uh I just want to stress that this is not any kind of adversarial meeting. This is more of like a confab. Like 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. And again, thank you to the solicitor for coming tonight. Um I've just I've received complaints and you know I I'm just now learning some of the side of the story uh uh of the gentleman here. So this is I hope this is productive. And again, by no means is this an adversarial thing. We're just trying to get some uh discussion going. I agree with you from the chair. I agree with you, counselor. Um let's keep this uh tonight, let's keep this non-adversarial without rumor, conjecture, slander, innuendo. We 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. The chair would like to recognize Councilor Roy and Vice Chairman, Counselor at large has joined us. Thank you, sir. So with that being said, uh Councilor Choquett, this is your motion, but you and I discussed prior. There's no really correct rhyme or reason to do this, but I think we agreed we will let members of the community come up first. We'd give them three minutes apiece. They 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, then we can get our legal counsel up and so forth. Does that work for you, colleagues? Does that work? That works. Is that working, Mr. Slisser? Oh okay. So through you, uh the Ward One Counselor, uh if members of the community would like to come up and speak at the podium about their concerns, yes, come right up. Yes. Thank you, sir.

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