City Council

CITY OF MARLBOROUGH OFFICE OF CITY CLERK Steven W. Kerrigan 140 Main St. Marlborough, MA 01752 (508) 460-3775 FAX (508) 460-3723 DECEMBER 7, 2020 Regular meeting of the City Council was held on Monday, December 7, 2020 at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Doucette, Dumais, Tunnera, Irish, Navin & Landers. Councilors Participating Remotely: Wagner, Oram, Perlman & Robey. Meeting adjourned at 9:31 PM. Council President Ossing explained that this meeting is being held under the Emergency Order of the Governor allowing relief from the Open Meeting Law (MGL c. 30A §20). The Emergency Order allows for remote participation by public bodies. President Ossing further stated that all votes of the City Council will be taken by roll call vote pursuant to 940 CMR 29.10. The City Council President asked for a roll call to confirm attendance of all City Councilors. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Minutes of the City Council meeting, November 16, 2020, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the JOINT TAX CLASSIFICATION PUBLIC HEARING with Board of Assessors to determine the percentage of the local tax levy to be borne by each class of property for Fiscal Year 2021, all were heard who wish to be heard, hearing closed at 8:37 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Assessor’s Present: Silverstein. Assessor’s Absent: Arruda & Manzello. IN CITY COUNCIL 2 DECEMBER 7, 2020 ORDERED: That the Transfer of $49,725.00 (forty-nine thousand, seven hundred twenty-five dollars) from Sale of Graves to Reduce the FY 2021 Tax Levy, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Transfer of $1,163,659.01 (one million, one hundred sixty-three thousand, six hundred fifty-nine dollars & one cent) from Overlay Reserve to reduce the FY 2021 Tax Levy, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor's Office FISCAL YEAR: 2021 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $1,163,659.01 $1,163,659.01 10000 32200 Overlay Reserve $1,163,659.01 To reduce FY21 Tax Levy $0.00 Reason: Excess overlay from FY17 to reduce FY21 tax levy $1,163,659.01 Total $1,163,659.01 Total Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 3 DECEMBER 7, 2020 ORDERED: That the Marlborough City Council votes in accordance with MGL, Chapter 40, §56, as amended, the percentage of local tax levy which will be borne by each class of real and personal property, relative to setting the Fiscal Year 2021 tax rates and set the Residential Factor at 0.8063 with a corresponding CIP shift of 1.43 pending approval of the City’s annual tax recap by the Massachusetts Department of Revenue, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Suspension of the Rules requested to allow Mayor Vigeant to make a presentation to outgoing Assessor Anthony Arruda – granted Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. President Ossing called a recess at 8:48 PM and returned to open meeting at 8:50 PM. Suspension of the Rules requested to allow Assistant DPW Commissioner Ted Scott to speak– granted Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $21,600.00 from the Department of Environmental Protection awarded to the Department of Public Works to offset the rising costs of processing recyclable materials, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Gift Acceptance in the amount of $7,500.00 from Digital Federal Credit Union (DCU) donated to the Police Department to support the departments youth programming efforts and the Christmas Heroes for Helpers program, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Proposed Ordinance Amendment to Chapter 270 Building and Site Development §9 “Fees” as recommended by the Mayor and Building Commissioner, in proper legal form, Order No. 20-1008134, MOVED TO AGENDA ITEM 19; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 4 DECEMBER 7, 2020 ORDERED: That the Communication from Assistant City Solicitor Jason Piques, re: Application for LED Sign Special Permit, from ViewPoint Sign & Awning on behalf of Dunkin Donuts, 269 East Main Street, in proper legal form, Order No. 20-1008085B, MOVED TO AGENDA ITEM 20; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Communication from Assistant City Solicitor Jason Piques, re: Application for Modification of Special Permit from Attorney Brian Falk, on behalf of Garden Remedies, Inc., to amend condition #8 relative to the hours of operation for the medical and adult use marijuana retail establishment located at 416 Boston Post Road East, in proper legal form, Order No. 18/20-1007318H, MOVED TO REPORTS OF COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Request for Approval of a Flat Wall Sign, Emporium Brasil, 581 Boston Post Road East, within the Wayside District, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Communication from Attorney Brian Falk on behalf of WP Marlborough MA Owner, LLC (Waypoint Residential), re: Request to Extend Time Limitations to February 28, 2021 at 11:00 PM, on the Application for Special Permit to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms, consisting of 188 units in 4 buildings at 339 Boston Post Road East (McGee Farm), FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Communication from the Public Employee Retirement Administration Commission (PERAC) re: Required FY22 Appropriation in the amount of $9,524,575.00, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Communication from Central MA Mosquito Control Project, re: Notice of 2021 Commission meeting dates, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. IN CITY COUNCIL 5 DECEMBER 7, 2020 ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted. a) School Committee, October 13, 2020, October 27, 2020 & November 10, 2020. b) Commission on Disabilities, October 6, 2020. c) Conservation Commission, October 15, 2020 & November 5, 2020. d) Council on Aging Board, October 13, 2020. e) Marlborough Historical Commission, August 20, 2020 & October 15, 2020. f) Library Board of Trustees, October 6, 2020. g) Parks & Recreation Commission, October 7, 2020. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the following CLAIM, refer to the LEGAL DEPARTMENT; adopted. a) Flavia Sousa, 15 Hunter Avenue, #6A, residential mailbox claim (2b). Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Reports of Committees: Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee Monday, November 23, 2020; 7:05 PM In Council Chambers and via Microsoft Teams Finance members in Chamber: Chair Irish; Councilors Tunnera and Dumais Finance members participating remotely: Councilors Oram and Perlman Other members in Chamber: Councilors Landers, Ossing, Navin, Doucette Other members participating remotely: Councilor Wagner Also present in Chamber: Mayor Vigeant Also present remotely: IT Director Gibbs, City Auditor Diane Smith, Finance Director Patrick Jones Chair Irish called the meeting to order at 7:05 p.m. calling the roll – Councilors Dumais, Tunnera, Oram, Perlman and Irish in attendance. 11-16-20 – Order No. 20-1008140: Communication from Mayor Vigeant with Transfer request in the amount of $80,000.00 which moves funds from PEG Fund to IT Equipment to fund upgrades for Accela for various departments. IT Director Gibbs addressed the transfer. Councilor Oram asked if paying permit fees online when making application could be investigated. IN CITY COUNCIL 6 DECEMBER 7, 2020 On motion by Councilor Oram, seconded by Chair, the committee recommends approval of the transfer in the amount of $80,000.00 from PEG Fund to IT Equipment to fund upgrades for Accela for various departments. Vote 5-0 Roll Call – all in favor: Irish, Dumais, Tunnera, Oram, Perlman Motion made and seconded to adjourn; Roll Call – all in favor: Irish, Dumais, Tunnera, Oram, Perlman Meeting adjourned at 7:21PM Councilor Landers reported the following out of the Public Services Committee: City Council Public Services Committee Monday November 23, 2020; 6:15 PM In Council Chambers and via Microsoft Teams Public Services members in Chamber: Chair Landers and Councilor Irish Other members in Chamber: Councilors Dumais, Ossing and Navin Public Services member participating remotely: Councilor Perlman Chair Landers called the meeting to order at 6:15 PM calling the roll – Councilors Irish, Perlman and Landers in attendance. 11-16-20 – Order No. 20-1008143: Application for renewal of Junk Dealer/Secondhand Dealer License from ecoATM, LLC, 601 Donald J. Lynch Boulevard By email dated November 12, 2020, Police Chief Giorgi informed the committee he received the CORI report for ecoATM and is without objection to the renewal of the license. By email dated November 19, 2020, Karen Wang, Regulatory Affairs Coordinator, ecoATM submitted the annual report for the kiosk inside the Solomon Pond Mall indicating so far in 2020 they have collected/recycled 280 devices, paying members of the community close to $9,000.00. On motion by Councilor Irish, seconded by Chair, the committee recommends approval of the renewal of the Junk Dealer/Secondhand Dealer License to ecoATM, LLC, 601 Donald Lynch Boulevard. Vote 3-0 Roll Call – all in favor: Perlman, Irish, Landers 11-02-20 – Order No. 20-1008136: Petition from Eversource Energy to install approximately 465’ of 8” Intermediate Pressure Gas Main as part of a system improvement on South Street between 417 South Street and Maple Street. By email dated November 13, 2020, City Engineer DiPersio submitted the following for consideration: ✓ A field visit with Eversource and Engineering shall be conducted prior to the start of work so that the location of the new main within the roadway can be approved. ✓ Final trench paving conditions shall be set forth in the Road Opening Permit. ✓ This work shall not be permitted to start until the Spring of 2021. On motion by Councilor Irish, seconded by Chair, the committee recommends approval of the petition from Eversource Energy to install 465’ of 8” Intermediate Pressure Gas Main as part of a system improvement on South Street between 417 South Street and Maple Street, subject to the following three conditions from the City Engineer: IN CITY COUNCIL 7 DECEMBER 7, 2020 1. A field visit with Eversource and Engineering shall be conducted prior to the start of work so that the location of the new main within the roadway can be approved; 2. Final trench paving conditions shall be set forth in the Road Opening Permit; 3. This work shall not be permitted to start until the Spring of 2021. Vote 3-0 Roll Call – all in favor: Perlman, Irish, Landers Motion made and seconded to adjourn; All in favor by Roll Call vote – Meeting adjourned: 6:26PM Councilor Dumais reported the following out of the Personnel Committee: City Council Personnel Committee Monday November 23, 2020 In Council Chambers and via Microsoft Teams Personnel members in Chamber: Chair Dumais; Councilors Doucette and Landers; Other members in Chamber: Councilors Ossing, Irish, Navin and Tunnera/arrived at 6:50PM Members participating remotely: Councilor Perlman; Councilor Oram/arrived at 6:48PM Also present in Chamber: Mayor Vigeant 10-5-20 – Order No. 20-1008108: Communication from Mayor Vigeant with proposed amendments to the City Code, Chapter 125, PERSONNEL: Section 125-10 Starting Minimum Rate, by inserting a new section 125-10 (C) Notwithstanding anything contrary in this chapter, for all other employees (non-union) in order to reflect an employee’s prior experience or performance, the Mayor is authorized to waive any (2) two steps on a salary schedule established under this chapter, at time of hiring or during employment; and also to add Section 125-18 Vacations, by inserting a new section 125-18 (A) (4) Notwithstanding anything contrary in this chapter, for all other employees (non-union) in order to credit an employee’s experience in prior public or private employment, the Mayor is authorized to grant an increase of up to one (1) additional week of annual vacation time which may be made effective at any time of employment, pro-rated per completed month in that calendar year and thereafter received annually. Any increase in annual vacation time above one week shall require City Council approval. Chair Dumais called the meeting to order at 6:30PM. Councilor Doucette supported the proposal with an amendment that would authorize the Mayor to waive two steps on the salary schedule but only at the time of hiring and to strike the words, ‘or during employment’ and to authorize the Mayor to grant an increase of up to one additional week of vacation but only at the time of hiring and not at any time of employment and any additional waiving of steps and vacation time would require City Council approval. Councilor Landers supported the Mayor’s proposal re steps but did not support adding vacation time except during initial employment or when the appointment is being renewed. Councilor Irish supported the Mayor’s proposal with sunset clause. IN CITY COUNCIL 8 DECEMBER 7, 2020 Councilor Ossing supported granting authorization to the Mayor to waive two steps and to grant a week of vacation but only at the time of hiring given the potential for abuse. Councilor Navin agreed with granting the Mayor some flexibility at the time of hiring, agreeing with President Ossing. Councilor Perlman stated she is less concerned about the timing than the transparency— because taxpayer dollars are involved there should be a reporting mechanism to the City Council, not necessarily when negotiations are ongoing but when the Mayor uses this authorization so that councilors know when the steps are waived or vacation time is granted. Councilor Oram agreed with Councilor Perlman regarding the reporting mechanism as councilors should be aware when inequities exist as it might be necessary to have salary surveys on a more regular basis to ensure equity between new hires and longstanding employees. On a motion by Councilor Doucette, seconded by Chair, the committee recommends approval of Section 125-10C as amended by deleting the words, ‘or during employment’ which would authorize the Mayor to waive two steps but only at the time of initial hiring and to remove the word ‘any’ in new section 125-18 (A)(4)Vacations which will authorize the Mayor to grant an increase of up to one (1) additional week of annual vacation time which may be effective at (strike out the word ‘any’) time of employment. Vote 3-0 Motion made and seconded to adjourn; Meeting adjourned at 7:03PM Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee Thursday, November 19, 2020; 7:00 PM In Council Chambers and via Microsoft Teams The chair called meeting to order and stated that with some in chambers and some virtual, all votes would be by Roll Call. The chair took Roll Call of voting members to confirm attendance: present via Microsoft Teams- Chairman Katie Robey, Councilor Wagner; present in Chambers-Councilor Landers, Councilor Doucette, and Councilor Navin. Also attending in Chambers: Councilor Ossing. Councilor Oram and Councilor Perlman joined via Teams later in the meeting. Others attending via Microsoft Teams: Tom DiPersio, City Engineer; Attorney Brian Falk for both items; for Garden Remedies Dr. Karen Munkacy, Jeffrey Herold and Mark Curtin; for WP Marlborough MA Tom Moran, Carlton Quinn, Dennis Hargis and Bob Buckley. Order No. 18/20-1007318G: Application for Modification of special permit from Attorney Brian Falk on behalf of Garden Remedies, Inc to amend condition #8 relative to the hours of operation for the medical and adult use marijuana retail establishment located at 416 Boston Post Road East. IN CITY COUNCIL 9 DECEMBER 7, 2020 Applicant reminded all that the public hearing was just held and reminded the committee this is to modify the hours of operation. The chair read into record all comments from the department heads with none having an issue with the change, but the Board of Health reminded them that they must meet the governor’s regulations to close at 9:30 PM. Councilor Doucette moved to add another condition to read: The dispensary shall provide addiction related material to the public; the motion was seconded by Councilor Landers. Roll call vote: Councilor Landers-no, Councilor Navin-no, Councilor Wagner-no, Councilor Doucette-yes, Councilor Robey-no. The vote was 4-1; the motion did not carry. Councilor Navin moved to recommend approval of the modification of special permit to amend the hours of operation; it was seconded by chair. Roll Call vote: Councilor Doucette-yes, Councilor Navin-yes, Councilor Landers-yes, Councilor Wagner-yes, Councilor Robey-yes. The motion carries 5-0. The chair called for a recess. Order No. 20-1001007995B: Application for Special Permit by WP Marlborough MA Owner LLC, 339 Boston Post Road East to construct a multifamily dwelling residential project. Applicant began the meeting with a PowerPoint highlighting the changes to the plans which include a 25% reduction of the project, eliminates one of the four buildings, reduces the unit count from 188 to 140, adjusts the setback on Rt.20 from 50 feet to 120 feet, and removes the satellite parking lot. In addition, this amended plan will leave 70% of site as greenspace-the riding ring will become a walking trail for residents with interior maintained under a meadow management plan monitored by the Conservation commission and the southeastern parcel will be restricted open space. The chair then read thru the amended Special Permit decision submitted by applicant and highlighted the changes: adding language to make it clear the applicant would hire an independent Erosion Control Expert as specified in the Conservation Commission conditions; adding in the final design of the site’s access driveways would incorporate designs planned by MADOT and approved by both MADOT and the City Engineer; the applicant would conduct a traffic signal warrant analysis; the applicant would provide payment not to exceed $35,000 to be used for installation of an in-line sewage grinder at the Boston Post Road pump station near site; and that on-site storage of snow would be removed from site if it created a shortage of parking spots for residents. After discussion by voting committee members and others, it was decided that the next steps would be to have formal plans submitted to Site Plan with comments from department heads to come to this committee and then set up meeting to continue discussion. Conservation Officer Ryder, as a member of Site Plan discussion, will determine if this also needs to go back to Conservation Commission for review. Applicant did not speak in opposition to this procedure. Councilor Doucette moved to extend the time limit to February 28, 2021; the motion was seconded. Roll Call vote: Councilor Landers-yes, Councilor Doucette-yes, Councilor Wagner-yes, Councilor Navin-yes, Councilor Robey-yes. Councilor Doucette moved to adjourn; it was seconded. Roll Call: Councilor Navin-yes, Councilor Landers-yes, Councilor Wagner-yes, Councilor Doucette-yes, Councilor Robey-yes. The meeting adjourned at 8:27 PM. IN CITY COUNCIL 10 DECEMBER 7, 2020 ORDERED: That the Communication from Assistant City Solicitor Jason Piques, re: Application for Modification of Special Permit from Attorney Brian Falk, on behalf of Garden Remedies, Inc., to amend condition #8 relative to the hours of operation for the medical and adult use marijuana retail establishment located at 416 Boston Post Road East, in proper legal form, Order No. 18/20-1007318H, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Suspension of the Rules requested – granted Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: IN CITY COUNCIL DECISION ON AMENDMENT TO SPECIAL PERMIT GARDEN REMEDIES, INC. ORDER NO. 18/20-1007318I The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Garden Remedies, Inc. (the “Applicant”) to amend an existing special permit to build and operate a Medical Marijuana Treatment Center and an Adult Use Marijuana Retail Establishment at 416 Boston Post Road, Marlborough, Massachusetts, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant is a duly organized and existing corporation having a business address of 307 Airport Road, Fitchburg, MA 01420. 2. The Applicant is the tenant of a commercial retail unit located at 416 Boston Post Road East, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 73 as Parcel 30 (the “Site”). The Site's owner is Marlboro Square, LLC with a business address of 449 Boston Post Road East, Suite 6, Marlborough, MA 01752. 3. On November 5, 2018, the City Council of the City of Marlborough voted to grant a special permit authorizing the Applicant to build and operate a Medical Marijuana Treatment Center and an Adult Use Marijuana Retail Establishment at the Site (the “Use”) in accordance with Article VI, § 650-17, § 650-18(45), § 650-18(46), and § 650- 32 of the Zoning Ordinance of the City of Marlborough, as further described in a document recorded at the Middlesex South District Registry of Deeds in Book 71986, Page 90 (the “Original Special Permit”). 4. On October 1, 2020, the Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough an application to modify Condition No. 8 of the Original Special Permit in order to change the maximum hours of operation of the Use, under the provisions of MGL c. 40A, § 9 and the Marlborough Zoning Ordinance (the “Application”). IN CITY COUNCIL 11 DECEMBER 7, 2020 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, a copy of the existing special permit dated November 5, 2018, and existing site plans for the Site in accordance the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit attached hereto as “Attachment A.” 6. The Application was certified by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, as having complied with Rule 7, of the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 7. Pursuant to the Rules and Regulations of the City Council and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application and the City Clerk for the City of Marlborough caused notice of the same to advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 8. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, November 16, 2020. The public hearing was held at the Marlborough City Hall, 140 Main Street, and by remote access in accordance with Section 17(d) of Chapter 53 of the Acts of 2020 and “An Order Suspending Certain Provisions of the Open Meeting Law, MGL c. 30A, § 20” issued by Governor Charles D. Baker on March 12, 2020. The public hearing was conducted by remote participation, allowing the City Council, members of the public, and the Applicant to participate in the hearing through real-time audio and video conferencing, telephone access, and live internet streaming. The hearing was closed on November 16, 2020. 9. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 10. At the public hearing, no members of the public spoke about the Use or submitted written comments about the Use. 11. The Procedural Findings of Fact specified above supplement those made in the Original Special Permit, which are expressly incorporated in this Decision by reference. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. B. The City Council finds that the proposed Use of the Site, with the modified operating hours set forth in the conditions below, is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance of the City of Marlborough when subject to the appropriate terms and conditions as provided in this Decision and in the Original Special Permit. The City Council makes these findings subject to the completion and adherence by the Applicant, its successors and/or assigns to the conditions more fully set forth in this Decision and in the Original Special Permit. C. The City Council incorporates by reference Finding C in the Original Special Permit. IN CITY COUNCIL 12 DECEMBER 7, 2020 D. The City Council incorporates by reference Finding D in the Original Special Permit. E. The City Council, pursuant to its authority under Massachusetts General Laws Chapter 40A and the Zoning Ordinance of the City of Marlborough hereby GRANTS the Applicant an amendment to modify Condition No. 8 of the Original Special Permit, as follows: 1. By deleting Condition No. 8 in its entirety and inserting in its place the following condition: 8. Hours. The maximum hours of operation of the Use shall be Monday through Saturday, 9:00 AM to 10:00 PM, and Sunday from 10:00 AM to 8:00 PM. All other conditions of the Original Special Permit shall continue in full force and effect and are incorporated by reference as part of this Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, § 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex County South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit has elapsed with no appeal having been filed, and before the Applicant has applied to the Building Commissioner for a building permit. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit to the City Council's office, the Building Department, and the City Solicitor’s office. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Reappointment of Eileen Bristol as City Collector, for a 2-year term effective from date of Council confirmation, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Appointment of Mary Watson Avery to the Cultural Council for a 3-year term from date of Council confirmation, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: That the Appointment of Patrick Jones as Finance Director/Treasurer, for a 3-year term effective from date of Council confirmation, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.  IN CITY COUNCIL 13 DECEMBER 7, 2020 ORDERED: That the Appointment of Barbara Pellegrini Allen to the Commission on Disabilities for a 3-year term from date of Council confirmation, APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED: Communication from City Solicitor Jason Grossfield, re: Proposed Ordinance Amendment to Chapter 270 Building and Site Development §9 “Fees” as recommended by the Mayor and Building Commissioner, in proper legal form, Order No. 20-1008134, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED At a regular meeting of the City Council held on Monday, DECEMBER 7, 2020, the following proposed amendment to the City Code, Chapter 270 Building and Site Development, section 9 “Fees” with proposed changes as recommended by the Mayor and the Building Commissioner, having been read was ORDERED ADVERTISED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED AS FOLLOWS: I. Chapter 270, Section 270-9(A), is hereby amended to read as follows: Construction costs for all new buildings and structures will be determined from values as listed in the most current ICC Building Valuation Data. ICC Building Valuation Data is updated every six months. Permit fee is based on entire "Estimate Cost of Construction". Proof of costs is a signed contract. II. Chapter 270, Section 270-9(E), entitled “Fees”, is hereby amended to read as follows: Type of Permit Fee Building Residential 1 or 2 Family Residential Construction $10 per $1,000, $50 Minimum Renewable Energy (PV, Wind, Hydro) Storage $0.03 per watt Direct Current, $50 Minimum Excluded Building Commercial All Commercial Construction $10 per $1,000, $100 Minimum Suppression, Fire Alarm, HVAC, Sheet Metal, $10 per $1,000, $100 Minimum. If Permit and/or Mechanical Application is associated with active building permit, $50 Renewable Energy (PV, Wind, Hydro) Storage $0.03 per watt Direct Current, $100 Minimum Excluded  IN CITY COUNCIL 14 DECEMBER 7, 2020 Building Miscellaneous Demolition, residential $10 per Thousand of Total Construction Cost, $50 Minimum. Accessory structures less than 200 SF, $25 Demolition, commercial $10 per Thousand of Total Construction Cost, $100 Minimum Solid Fuel/Wood/Coal Stoves/Fireplaces $50 Tents $50 Residential, $100 per year Non-residential Pools, above ground and in ground $50 Above Ground, $100 In Ground Amusements $15 per booth and/or ride, $100 Minimum Fences $25 Sign Structure $10 per Thousand, $50 Minimum Work/Jobsite Trailer $100 per trailer Occupancy Occupancy and Use Certificate to occupy $50 when no building permit is existing space required Occupancy and Use Certificate to occupy new Included in Building Permits for new buildings space Temp CO Residential $50 per 30 days, max 90 days Temp CO Commercial $200 per 30 days, max 90 days Gas Residential New Construction 1 or 2 Family $150 per unit New Construction 3+ units $100 per unit Appliance replacement or addition $40 + $15 per unit after the 1st Gas Commercial All Commercial Gas Work $10 per Thousand, $100 Minimum Plumbing Residential Residential 1 or 2 Family $150 per unit Residential 3+ units $100 per unit Residential Alterations (new or replacements) $40 + $8 per unit after the 1st Residential Trailer Water or Sewer $40  IN CITY COUNCIL 15 DECEMBER 7, 2020 Plumbing Commercial All Commercial Plumbing $10 per Thousand, $100 Minimum Wiring Residential New house construction 1 or 2 Family $150 per unit Service change $50 per 100 AMP, +$25 per additional 100 AMPS Renewable Energy Permit Fee $0.03 per watt Direct Current, $50 Minimum Minimum Permit Fee $10 per $1000 of contract cost, minimum $75 Wiring Commercial New Construction or Addition The greater of $100 OR $10 per $1000 of wiring job cost Carnivals $250 Signs and billboards $75 Temporary service $100 Renewable Energy (Not Storage) $0.03 per watt Direct Current, $100 Minimum Institutional (Maintenance Permit) $250 annually Inspections Work Beginning before obtaining a Permit DOUBLE PERMIT FEE Reinspection fee (ALL TRADES), each $50 Minimum inspector After Hours Inspection - Detail $400 Minimum Gas Test $40 Administrative Related Fees Commercial Plan Review Fee 2 cents per SF over 5,000 SF, 1st 5,000 SF included in base fee Permit Extension $50 Permit Revision with no added construction $50 costs Administrative Fee (Replacement Building $25 Card, Zoning Letter, Change of Use Letter)  IN CITY COUNCIL 16 DECEMBER 7, 2020 110 ANNUAL INSPECTIONS – Fee Schedule Use Group Use Group Use Group Minimum Maximum Fees for Descriptions Inspections Certification Maximum Period Certification Period A-1 Assembly - With Stage and Semi-Annual One Year $150 Theaters over Scenery Movie 400 Capacity Theater Movie Theater Semi-Annual One Year $150 A-1 Assembly - With Stage and Annual One Year $75 Theaters 400 Scenery Movie or less Theater Capacity Movie Theater Annual One Year $75 A-2 Restaurants, Over 400 Capacity Semi-Annual One Year $150 Assembly Night Clubs or similar uses A-3 Assembly Over 400 Capacity Semi-Annual One Year $125 Lecture Halls, Recreation Centers, 400 or Less Annual One Year $50 Termals, Capacity Locations of Worship. A-4 Assembly Low Density, Prior to Five Years $40 Recreation & Issuance of Similar Uses each new Certificate A-5 Assembly Stadiums, Prior to One Year $40+$15 per 1000 Bleachers, Places Issuance of over 5000. of outdoor each new assembly Certificate E Educational Educational Prior to One Year $50 Issuance of each new Certificate E Day Care Child Day Care Prior to One Year $50 Centers Issuance of each new Certificate I-1 Group Home Prior to One Year $50 Issuance of each new Certificate  IN CITY COUNCIL 17 DECEMBER 7, 2020 I-2 Residents incapable of self- Prior to Two Years $75 per 100 beds, preservation: hospitals, nursing Issuance of +$2 per 10 beds homes, mental hospitals, certain each new over 100. day care facilities Certificate I-3 Residents Restrained: prisons, jails, Prior to Two Years $75 per 100 beds, detention centers, etc. Issuance of +$2 per 10 beds each new over 100. Certificate I-4 Adult and/or child day care Prior to One Year $50 facilities. Issuance of each new Certificate R-1 Hotels, Motels, Boarding Houses, Prior to One Year $40 per 10 rooms, etc. Issuance of +$1 per room over each new 10 rooms, Certificate Minimum $100. R-1 Detoxification Facilities Prior to Two Years $75 Issuance of each new Certificate R-2 Multi-Family Prior to Five Years $75 per 3 dwelling Issuance of units, +$2 per each new dwelling after 3. Certificate R-2 Dormitories and R-2 Congregate Prior to One Year $40 per 10 rooms, Living Issuance of +$1 per room over each new 10 rooms, Certificate Minimum $100. R-2 Summer Camps for Children Annual One Year $15 per 100 beds, +$8 per 100 beds after the first 100 beds, +$15 for each assembly building R-3 Residential Care facilities licensed Annual One Year $75 per 100 beds, by DDS or DMH +$2 per 10 beds over 100. R-4 Residential care/assisted living Annual One Year $75 per 100 beds, facilities (≤ 16 persons) +$2 per 10 beds over 100. R-5 Residential Limited Group Annual One Year $75 per 100 beds, Special Residence +$2 per 10 beds Occupancy over 100. Any Facilities licensed by the Alcohol Annual as per One Year as $75 Beverage Control Commission M.G.L. c. 10, per M.G.L. c. where alcoholic beverages are §74 10, § 74 served and consumed.  IN CITY COUNCIL 18 DECEMBER 7, 2020 Any House Museums (as recognized by Annual One Year $50 Massachusetts Historical Commission) Any Fire Escapes, etc. per 780 CMR Five Years Five Years $50 10.00: Means of Egress III. Effective Date. These amendments shall take effect on July 1, 2021. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED That the Communication from Assistant City Solicitor Jason Piques, re: Application for LED Sign Special Permit, from ViewPoint Sign & Awning on behalf of Dunkin Donuts, 269 East Main Street, in proper legal form, Order No. 20-1008085B, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED DECISION ON AN LED SIGN SPECIAL PERMIT IN CITY COUNCIL LED Sign Special Permit Andrade/Lisa Realty LLC Dunkin’ Donuts Restaurant 269 East Main Street Order No. 20-1008085C DECISION ON AN LED SIGN SPECIAL PERMIT CITY COUNCIL ORDER NO. 20-1008085C The City Council of the City of Marlborough hereby GRANTS the application for a Sign Special Permit to Andrade/Lisa Realty LLC – Dunkin’ Donuts (the “Applicant”) for the property located at 269 East Main Street, Marlborough, Massachusetts, as provided in this Decision and subject to the following Procedural Findings, Findings of Facts and Conditions. PROCEDURAL FINDINGS 1. The Applicant is the owner of the property located at 269 East Main Street in Marlborough, Massachusetts, as shown on the Marlborough Assessors Maps as Map 58, Parcel 69A (the “Site”) and maintains a stand-alone fast food restaurant with drive-through service lanes. 2. The Applicant seeks a LED Sign Special Permit, pursuant to Section 526-13 of the Code of the City of Marlborough entitled, “Electronic Message Center Signs; Digital Display Signs” (the “EMC and Digital Display Sign Ordinance”), to operate electronic message center signs (the “Signs”) at the Site (the “Application”). IN CITY COUNCIL 19 DECEMBER 7, 2020 3. The Signs are two menu boards each of which is no larger than 29.53” by 59.06” (the product specifications are attached hereto as “Attachment A”). The Signs are to be located in the same location as the existing menu boards. 4. In connection with the Application, the Applicant submitted a picture of the existing menu board and drive thru at the Site, as well as a photo and drawing of the LED menu as proposed for the Site, attached hereto as “Attachment B.” 5. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, September 21, 2020. The public hearing was held at the Marlborough City Hall, 140 Main Street, and by remote access in accordance with Section 17(d) of Chapter 53 of the Acts of 2020 and “An Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, § 20” issued by Governor Charles D. Baker on March 12, 2020. The public hearing was conducted by remote participation, allowing the City Council, members of the public, and the Applicant to participate in the hearing through real-time audio and video conferencing, telephone access, and live internet streaming. The hearing was closed on November 16, 2020. 6. The Applicant, through its representatives, presented testimony at the public hearing detailing the proposed changes to the Signs. 7. At the public hearing, no members of the public spoke about the signs or submitted written comments about the signs. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with all the rules and regulations promulgated by the Marlborough City Council as they pertain to an application for an LED sign special permit under Section 526-13 of the Sign Ordinance. B. The City Council finds that the proposed Signs comply with the standards set forth in Section 526-13.B of the Sign Ordinance. C. The City Council finds, pursuant to Section 526-13.B(16) of the Sign Ordinance, that: all other signage on the Site is in compliance with zoning requirements; the Signs do not create unnecessary visual clutter or constitute signage overload for the lot or surrounding neighborhood or street; the Signs do not substantially block visibility of signs on abutting lots; the Signs do not substantially block solar access of, or view from, windows of residential dwellings on abutting lots; the proposed illumination is appropriate to the Site and is appropriately located with respect to the character of the surrounding neighborhood; the scale and/or location of the Signs are appropriate: and the dimensions of the Signs complies with the area limitations of the Sign Ordinance. D. The City Council, pursuant to its authority under Section 526-13 of the Sign Ordinance, hereby GRANTS the Applicant an LED Sign Special Permit for the Signs, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Owner, its successors and/or assigns: IN CITY COUNCIL 20 DECEMBER 7, 2020 1. The Signs shall be operated in accordance with the Sign Ordinance of the City of Marlborough; and in addition, the Signs shall be turned off when the restaurant is not open for business. 2. All plans and/or other documentation provided by the Applicant as part of the Application, and as amended during the Application/hearing process before the City Council, are incorporated into and become part of this LED Sign Special Permit, and become conditions and requirements of the same, unless otherwise altered by the City Council. 3. The Applicant shall install a clearance sign at the entrance of the drive thru, per attached drawing from Viewpoint Sign & Awning, shown as “Attachment C.” Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 9:31 PM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.