City Council

Ward Councilors Councilors-at-Large Ward 1 – Laura J. Wagner Mark A. Oram Ward 2 – David Doucette Michael H. Ossing Ward 3 – J. Christian Dumais Samantha Perlman Ward 4 – Teona C. Brown Kathleen D. Robey Ward 5 – John J. Irish Ward 6 – Sean A. Navin Ward 7 – Donald R. Landers, Sr. Council President Council Vice-President Michael H. Ossing Kathleen D. Robey CITY OF MARLBOROUGH CITY COUNCIL MEETING MINUTES MONDAY, MARCH 14, 2022 The regular meeting of the City Council was held on Monday, March 14, 2022, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Perlman & Robey. Meeting adjourned at 8:29 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, February 28, 2022, FILE; adopted. Mayor Vigeant provided the City Council with an update on COVID-19 and city events. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $19,500.00 from the Massachusetts Cultural Council awarded to the City of Marlborough to be awarded by the Cultural Council in support of worthy arts, humanities, music, and youth-based initiatives in our community; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $13,350.00 from the Federal Emergency Management Agency (FEMA) awarded to the City of Marlborough for the Building Resilient Infrastructure & Communities (BRIC) program for the Hazard Mitigation Plan Update project; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $80,436.00 from the Executive Office of Elder Affairs (EOEA) awarded to the Council on Aging to be used to fund administration, transportation, and programing services offered by the Senior Center; adopted. IN CITY COUNCIL 2 MARCH 14, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City of Marlborough, Massachusetts (“the City”) appropriate the amount of $500,000.00 (five hundred thousand dollars) for the purpose of paying the cost of reconstruction or making extraordinary repairs to the Sligo Hill Water Tank. That to meet this appropriation, the Comptroller/Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to MGL Chapter 44, Section 8 (4), as amended and supplemented, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor; and that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with MGL Chapter 44, Section 20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount, referred to the FINANCE COMMITTEE & ORDERED ADVERTISED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City of Marlborough, Massachusetts (“the City”) appropriate the amount of $1,000,000.00 (one million dollars) for the purpose of paying the cost of water main construction or reconstruction. That to meet this appropriation, the Comptroller/Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to MGL Chapter 44, Section 8 (5), as amended and supplemented, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor; and that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with MGL Chapter 44, Section 20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount, referred to the FINANCE COMMITTEE & ORDERED ADVERTISED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City of Marlborough, Massachusetts (“the City”) appropriate the amount of $5,175,000.00 (five million one hundred seventy-five thousand dollars) for the purpose of paying the cost of street construction. That to meet this appropriation, the Comptroller/Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to MGL Chapter 44, Section 7 (1), as amended and supplemented, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor; and that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with MGL Chapter 44, Section 20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount, referred to the FINANCE COMMITTEE & ORDERED ADVERTISED; adopted. IN CITY COUNCIL 3 MARCH 14, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $1,448,100.00 which moves funds from Undesignated Fund (Free Cash) to various departments for their Capital Requests as outlined in the transfer sheet, referred to the FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Various FISCAL YEAR: 2022 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $11,233,713.00 $1,448,100.00 10000 35900 Undesignated Fund $243,100.00 19300006 58512 Capital Outlay-Fire $0.00 Reason: To fund various capital requests Fire Squad Truck $455,000.00 19300006 58467 Capital Outlay-Public Facilities $0.00 Pools, Cemetery, Schools and Reservoir $750,000.00 19300006 58731 Capital Outlay-DPW Equipment $0.00 Reason: DPW Equipment $1,448,100.00 Total $1,448,100.00 Total Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendment to Code of the City of Marlborough, Chapter 510 “Sewers” §2(D) “Use of Public Sewers” as submitted by the Mayor, referred to the PUBLIC SERVICES COMMITTEE AND ORDERED ADVERTISED; adopted. 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 BY AMENDING CHAPTER 510, ENTITLED "SEWERS," AS FOLLOWS: I. Chapter 510, entitled “Sewers”, Section 510-2, entitled "Use of Public Sewers.”, subsection (D), is hereby amended as follows (new text shown as underlined, deleted text shown as strikethrough): The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated with the City and abutting on any street, alley or right-of-way in which there is now or may in the future be located a public sanitary sewer of the City, are hereby required, at their expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within the following time limits: IN CITY COUNCIL 4 MARCH 14, 2022 (1) Where said public sewer now exists at the time of the effective date of this clause, or is constructed and/or located after said effective date with official notice by the Commissioner that the public sewer is available for connection, the connection shall be completed: (a) prior to transfer of the property, (b) prior to change in use of a structure as set forth in Chapter 650, Zoning, (c) prior to an increase in the sewage design flow applicable to a structure for purposes of Title 5, 310 CMR 15.000, of the State Environmental Code, or (d) upon failure of any system under said Title 5, 310 CMR 15.000, whichever shall occur first. (2) Where said public sewer is constructed and/or located after the effective date of this subsection, the connection shall be completed within 180 days after date of official notice by the Commissioner that the public sewer is available for connection. For purposes of this subsection, the term "transfer" shall mean the conveyance of any interest in real property, with or without consideration, including by deed, lease, or assignment, but excluding: (a) taking a security interest in a property, including but not limited to issuance of a mortgage; (b) refinancing a mortgage or similar instrument, whether or not the identity of the lender remains the same; (c) a change in the form of ownership among the same owners, such as placing the property within a family trust of which the owners are the beneficiaries, or changing the proportionate interests among a group of owners or beneficiaries; (d) adding or deleting a spouse as an owner or beneficiary; or a transfer between spouses during life, outright or in trust; or the death of a spouse; and (e) the appointment of or a change in a guardian, conservator, or trustee. An exemption from the connection requirement in this section may only be granted upon application to the Board of Health, and with the recommendation of the City Engineer for reasons of either: (a) extraordinary site conditions that prohibit or severely limit the feasibility of connection to such public sewer, due to which the land cannot be drained into such sewer, or due to weather conditions limiting the ability to connect, provided that the exemption shall apply only until such incapacity is removed and subject to a private disposal system meeting all applicable requirements and any other conditions imposed by the board; (b) an escrow or other acceptable agreement is in place requiring the connection be completed within six (6) months after a property transfer; or (bc) for a period of five years from the date of installation of a new or replacement private disposal system which fully complies with Title 5, provided that the exemption shall expire upon the failure of any such system under said Title 5. IN CITY COUNCIL 5 MARCH 14, 2022 Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $100,000.00 which moves funds from Undesignated Fund (Free Cash) to Sewer Service Betterment to provide for low interest loans to eligible property owners to cover the costs associated with connecting to public sewer, referred to the PUBLIC SERVICES COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS - DEPT: Mayor FISCAL YEAR: 2022 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $11,233,713.00 $100,000.00 10000 35900 Undesignated Fund $100,000.00 11990006 55640 Sewer Service Bet erment $0.00 Reason: To fund property connections to City sewer $100,000.00 Total $100,000.00 Total Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Catherine Usinas to the Commission on Disabilities for 3- year term from date of Council confirmation, referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Mayoral reappointments to the OPEB Trust and the Cultural Council, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Notice of Dismissal of the matter McDonald’s Corp. v Raising Cane’s Restaurants, LLC, Marlborough City Council, et al, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Application for Special Permit from Attorney Brian Falk, on behalf of J&D Landscape Contractors, to construct and operate both a contractor’s yard and a landscape contractor’s yard at the Airport Industrial Park, 101 Airport Boulevard, Unit 12, in proper legal form, Order No. 21/22- 1008441D, MOVED TO AGENDA ITEM #19; adopted. IN CITY COUNCIL 6 MARCH 14, 2022 Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY MARCH 28, 2022, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric, to replace direct buried cable for Woodland Estates with 5457’of 1-2” cable in conduit install 85’ of 2-3” conduit from riser poles to pullboxes, 10 pullboxes, 1 heavy duty handhole, 1 junction box, replace 3 submersible transformers with pad mounted transformers and replace 4 risers to install 1-2” cable in conduit via directional drilling on Vega Road, referred to the PUBLIC SERVICES COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, APRIL 11, 2022, as DATE FOR PUBLIC HEARING, on the Application for Modification of Special Permit from 587 Bolton Street, Inc., to allow for outdoor seating, a gazebo and bar area at 587 Bolton Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from National Grid, re: Notice of upcoming sideline vegetation maintenance within the electric transmission right-of-way easement, FILE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from Executive Office of Energy and Environmental Affairs, re: Public comment period on the Yearly Operational Plan submitted by the City of Marlborough, FILE; adopted. Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted. a) School Committee, February 1, 2022 & February 8, 2022. b) Conservation Commission, February 3, 2022. c) Library Trustees, February 1, 2022. d) Planning Board, January 24, 2022. Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Alyssa Adams, 1 Andrews Way, Southborough, pothole or other road defect. b) Karen Brummel, 56 Simmons Street, pothole or other road defect. c) Danny Chaves, 3 Grove Street, Hudson, MA, pothole or other road defect. d) Gregory Gowaski, 126 Langelier Lane, residential mailbox claim (2b). e) Rebekah Honer, 41 Naugler Avenue, pothole or other road defect. f) Dipali Patel, 1205 Applebriar Lane, pothole or other road defect. g) Vicki Pineda, 105 Hildreth Street, pothole or other road defect. h) Jenna Schlehuber, 419 Stearns Road, pothole or other road defect. i) John Viggiano, 84 Emer Road, pothole or other road defect. Reports of Committees: THERE WERE NO REPORTS OF COMMITTEE. IN CITY COUNCIL 7 MARCH 14, 2022 Motion by Councilor Irsih, seconded by the Chair to adopt the following: ORDERED: 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 BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” §6 “SALARY SCHEDULE” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: Position Rate Parking Enforcement Officer Not to Exceed $25 Per Hour. II. This ordinance shall supersede and replace any existing rate for said position(s) in the current salary schedule. APPROVED; adopted. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Application for Special Permit from Attorney Brian Falk, on behalf of J&D Landscape Contractors, to construct and operate both a contractor’s yard and a landscape contractor’s yard at the Airport Industrial Park, 101 Airport Boulevard, Unit 12, in proper legal form, Order No. 21/22-1008441D, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED IN CITY COUNCIL DECISION ON A SPECIAL PERMIT J&D LAND HOLDINGS LLC DECISION ON A SPECIAL PERMIT ORDER NO. 21/22-1008441E The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to J&D Land Holdings LLC (the “Applicant”) for a contractor’s yard and a landscape contractor’s yard at 101 Airport Boulevard (Unit 12), in the Limited Industrial Zoning District, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, J&D Land Holdings LLC, is a Massachusetts limited liability company with an address of 804 Boston Post Road, Sudbury, MA 01776. 2. The Applicant is the owner of the property located at 101 Airport Boulevard (Unit 12), Marlborough, MA, being shown as Parcel 52-1-12 on Assessors Map 73 (the “Site”). IN CITY COUNCIL 8 MARCH 14, 2022 3. In accordance with Article V, Section 650-17 and Section 650-18(A)(48), of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Applicant proposes a contractor’s yard and a landscape contractor’s yard at the Site (the “Use”). As shown on the Plans referenced in paragraph 5 below, the Use consists of a building, accessory parking, outdoor storage areas, and landscaped areas. 4. The Applicant, by and through its counsel, filed with City Clerk of the City of Marlborough an Application for a Special Permit (“Application”) for the Use. 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, a site plan entitled “Proposed Site Plan of Use Area #12 101 Airport Boulevard in Marlborough, MA” by Connorstone Engineering, with the last revision date of October 12, 2021, and a landscaping plan entitled “Proposed Landscape Plan of Use Area #12 in Marlborough, MA” by Connorstone Engineering, with the last revision date of October 12, 2021 (collectively the “Plans”) attached hereto as “Attachment A.” 6. The Application was certified as complete by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, in accordance with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 7. The Site is located in the Limited Industrial Zoning District. 8. The Site has an area of 46,543 square feet +/- as shown on the Plans. 9. Pursuant to the Rules and Regulations of the City Council for the City of Marlborough 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 be advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 10. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, December 6, 2021. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on December 6, 2021. 11. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 12. At the public hearing, no members of the public spoke in opposition to the Use. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. IN CITY COUNCIL 9 MARCH 14, 2022 B. The City Council finds that the proposed Use of the Site 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 herein. 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 herein. C. 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 a Special Permit for a contractor’s yard and a landscape contractor’s yard at 101 Airport Boulevard (Unit 12) as shown on the Plans filed, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. Construction in Accordance with Applicable Laws. Construction of all structures on the Site is to be in accordance with all applicable Building Codes and Zoning Regulations in effect in the City of Marlborough and the Commonwealth of Massachusetts and shall be built according to the Plans as may be amended during Site Plan Review. 2. Site Plan Review. The issuance of the Special Permit is further subject to detailed Site Plan Review by the Site Plan Review Committee, in accordance with the City of Marlborough Site Plan Review Ordinance prior to the issuance of the building permit. Any additional changes, alterations, modifications, or amendments, as required during the process of Site Plan Review, shall be further conditions attached to the building permit, and a final certificate of occupancy shall not be issued until the Applicant has complied with all conditions, provided that the Site Plan Committee may authorize the phasing of site work depending upon weather conditions and other factors. Subsequent Site Plan Review shall be consistent with the conditions of this Special Permit and the Plans submitted, reviewed and approved by the City Council as the Special Permit Granting Authority. 3. Modification of Plans. Notwithstanding conditions #1 and #2 above, the City Council or the Site Plan Review Committee may approve engineering changes to the Plan’s, so long as said changes do not change the Use as approved herein, or materially increase the impervious area of the Use, reduce the green area, alter traffic flow, or increase the size of the building, all as shown on the Plans. 4. Incorporation of Submissions. All plans, photo renderings, site evaluations, briefs and other documentation provided by the Applicant as part of the Application, and as amended or revised during the application/hearing process before the City Council and/or the City Council’s Urban Affairs Committee, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. IN CITY COUNCIL 10 MARCH 14, 2022 5. Storm Water and Erosion Control Management. The Applicant, its successors and/or assigns, shall ensure that its site superintendent during construction of the project is competent in stormwater and erosion control management. This individual(s)’ credentials shall be acceptable to the Engineering Division of the City’s Department of Public Works and the City’s Conservation Commission. This individual(s) shall be responsible for checking the Site before, during, and after storm events including weekends and evenings when storms are predicted. This individual(s) shall ensure that no untreated stormwater leaves the Site consistent with the State’s and the City’s stormwater regulations. This individual(s) shall ensure compliance with the approved sequence of construction plan and the approved erosion control plan. The Applicant, its successors and/or assigns, shall grant this individual(s) complete authority of the Site as it relates to stormwater and erosion controls. 6. Screening. In accordance with Section 650-18(A)(48) of the Zoning Ordinance, the Applicant shall install fencing, vegetated screening, or a combination of screening types, to screen areas of the Site used for the storage of vehicles, equipment, and materials from the street and adjacent properties, and shall maintain the fencing and plantings in good repair. Said screening shall comply with the requirements of all applicable City Ordinances. 7. Outdoor Storage Areas. In accordance with Section 650-18(A)(48) of the Zoning Ordinance, the outdoor storage of vehicles, equipment, and materials shall be located on impervious and otherwise dust-free surfaces. Materials shall be stored with sufficient protections to avoid damage to landscaped areas and to avoid interference with the proper functioning of stormwater infrastructure. Lawn areas shall be separated from adjacent parking/storage areas with curbing. Any storage of bark mulch at the Site shall be subject to fire safety conditions approved through the Site Plan Review process. The Site shall not be used to store grass clippings or similar landscaping debris that may generate odors. 8. Indoor Storage Areas. Building areas used to store vehicles, equipment, and materials indoors shall be equipped with floor drainage systems designed to prevent fuel, oil, and other hazardous materials from entering the stormwater or sewer systems, approved through the Site Plan Review process. 9. Vehicle Repairs and Maintenance. The Site may not be used for major repairs of vehicles and equipment, but minor maintenance of vehicles and equipment which are exclusively operated as part of the Use may be performed indoors only, subject to Condition 10. 10. Noise and Air Quality. The Applicant, its successors and/or assigns, shall comply with the City’s Noise Ordinance, and shall comply with all state and federal requirements governing air quality and emissions. 11. Lighting. Exterior lighting at the Site shall be downward facing and shielded to minimize impacts on neighboring properties, with a lighting plan for the Site to be reviewed and further conditioned during the Site Plan Review process. Exterior lighting at the Site shall be shut off outside of operating hours, except for lighting necessary for security and emergency access. 12. Compliance with Applicable Laws. The Applicant, its successors and/or assigns agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of the Use. IN CITY COUNCIL 11 MARCH 14, 2022 13. Recording of Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex 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: 10 – Nay: 0 – Abstain: 1 Yea: Wagner, Doucette, Dumais, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Abstain: Brown. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED That the Proposed Zoning Map Amendment for parcels of land located on Jefferson and a small portion of Lincoln Streets, identified as Map 56, Parcels 147, 148, 150, 151, 152, & 153 in addition to Map 56, Parcels 154, 155, 156, 157 & 158, referred to PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, APRIL 11, 2022; adopted. THAT, PURSUANT TO SECTION 5 OF CHAPTER 40A OF THE GENERAL LAWS, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT CHAPTER 650 OF THE CODE OF THE CITY OF MARLBOROUGH, AS MOST RECENTLY AMENDED, BE FURTHER AMENDED AS FOLLOWS: I. The Zoning Map established by Chapter 650, Zoning, Article III Establishment of Districts, Section 650-8 “Boundaries Established; Zoning Map” is hereby amended as follows: a. The zoning map amendments set forth herein shall be as shown on the map attached herewith entitled “Proposed Zoning Change Commercial Automotive to NB & RB”. b. The land shown on said attached map as “CA to NB” shall be included in the Neighborhood Business (NB) District. Said land includes the following: City Assessor Map 56, Parcels 147, 148, 150, 151, 152, 153, and land within the rail trail corridor including the former rail spur; and c. The land shown on said attached map as “CA to RB” shall be included in the Residence B (RB) District. Said land includes the following: City Assessor Map 56, Parcels 154, 155, 156, 157, and 158. II. The effective date of these amendments shall be the date of passage. Councilor Dumais recused. ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 8:29 PM; adopted.