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, JULY 25, 2022 The regular meeting of the City Council was held on Monday, July 25, 2022, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Wagner, Doucette, Dumais, Brown, Irish, Navin, Oram, Perlman & Robey. Councilors Absent: Landers. Meeting adjourned at 8:51 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, June 27, 2022, FILE; adopted. That the PUBLIC HEARING on the Petition from Massachusetts Electric and Verizon New England, to install new Pole 3 and anchor, needed for height clearance on Allen Court, Order No. 22-1008636, all were heard who wish to be heard, hearing closed at 8:03 PM, adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Oram, Ossing, Perlman & Robey. Councilors Absent: Landers. Suspension of the Rules requested – Motion by Councilor Irish, seconded by the Chair to remove from the Public Services Committee Order No. 22-1008636 – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric and Verizon New England, to install new Pole 3 and anchor, needed for height clearance on Allen Court, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The new pole and anchor shall be located such that they do not extend out of the roadway right-of-way and into the property at 7 Allen Court. 2. The Engineering Division will issue a road opening permit for this work, which will include review and approval of exact pole and anchor locations prior to start of work. 3. Any necessary easements are to be obtained from affected property owners. 4. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 5. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. IN CITY COUNCIL 2 JULY 25, 2022 6. A proper staging area is to be located/acquired before work commences – material and equipment is not to be parked/stockpiled within the city right of way and or private property unless permission is granted in writing by the property owner. 7. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 8. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 9. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 10. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 11. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 12. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non- compliance with current ADA standards. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from Councilor Donald Landers, Chair of Public Services Committee, re: Petition of MA Electric, to replace three (3) sections of direct buried cable and replace with new primary cable in conduit on Stone Hill Road, Order No. 22- 1008596A, FILE; adopted. Suspension of the Rules requested – Motion by Councilor Irish, seconded by the Chair to remove from the Public Services Committee Order No. 22-1008596 – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric, to replace three (3) sections of direct buried cable and replace with new primary cable in conduit on Stone Hill Road, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The plans included in the petition show work locations on Turner Ridge Road as well as Stone Hill Road. 2. The next phase of the city’s sewer and water project will include these roadways, so the Engineering Division is in favor of this project being completed soon. 3. The Engineering Division will issue a road opening permit for this work, which will include review and approval of exact conduit locations, pavement repair requirements, etc. 4. Any necessary easements are to be obtained from affected property owners. 5. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 6. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 7. A proper staging area is to be located/acquired before work commences – material and equipment is not to be parked/stockpiled within the city right of way and or private property unless permission is granted in writing by the property owner. 8. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). IN CITY COUNCIL 3 JULY 25, 2022 9. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 10. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 11. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 12. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 13. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non-compliance with current ADA standards. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Update on Summer Public Service Internship Program and Youthworks, FILE; adopted. Motion by Councilor Dumais, seconded by the Councilor Robey to adopt the following: ORDERED: That the Communication from the Mayor, re: Appointments to the Marlborough Cable Trust Board of Directors, FILE; adopted. Councilor Ossing Recused. 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 $34,530.25 from the Executive Office of Public Safety & Security, State 911 Department, awarded to the Police Department to be used for equipment, quality assurance reviews of dispatch personnel and an offset of overtime costs; 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 $154,964.00 from the Executive Office of Public Safety & Security, State 911 Department, awarded to the Police Department to be used to offset personnel overtime costs in the Public Safety Dispatching Center; 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 $2,500.00 from the Office of the Attorney General’s Healthy Summer Youth Jobs Program awarded to the City of Marlborough to be used for temporary summer help promoting activities that contribute to the improvement of water quality in our swimming areas; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Mary Jo Nawrocki to the License Board for a 6-year term to expire on June 5, 2028, APPROVED; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Lindsey Jaworek to the Disabilities Commission for a 3- year term to expire from date of Council confirmation, APPROVED; adopted. IN CITY COUNCIL 4 JULY 25, 2022 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: WP Marlborough MA Owner, LLC v. Marlborough City Council (Land Court No. 21 MISC 000451), Revised Special Permit Application on Remand Order, Order No. 20/22-1007995, FILE; adopted. Suspension of the Rules requested – Motion by Councilor Robey, seconded by the Chair to have the letter from the Solicitor read into the record – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY AUGUST 22, 2022, as the DATE FOR PUBLIC HEARING, on the Revised Application for a Special Permit from WP Marlborough MA Owner, LLC, to build a multifamily residential project in the Business District, consisting of 140 units in 3 buildings to be located at 339 Boston Post Road East, (McGee Farm), relative to the Court Remand Order, and ORDERED ADVERTISED; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Special Permit of Alta Marlborough, LLC (Wood Partners) to build a mixed-use project in the neighborhood business district consisting of 10,074 square feet of ground floor retail and commercial space, 276 dwelling units in addition to an on-site parking garage with 448 spaces to be located at the corner of Lincoln and Mechanic Streets, in proper legal form, Order No. 22-1008572D, MOVED TO AGENDA ITEM #23; adopted. Councilor Dumais Recused. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Clerk, Steven Kerrigan, re: State Primary Election Call, FILE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Clerk, Steven Kerrigan, re: Update on Votes Act, FILE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Retirement Board re: MGL Chapter 32, §103(j) Cost of Living increase (COLA), FILE; adopted. Councilors Navin and Perlman Opposed. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY AUGUST 22, 2022, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install new Pole 78 to relieve the distance of new overhead lines from Pole 75 to Pole 79 on Farm Road, referred to the PUBLIC SERVICES COMMITTEE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Request by the Sudbury Companies of Minute and Militia for a Temporary Sign at the corner of Route 20 and Hagar Road from September 17, 2022, to September 25, 2022, for the 2022 Colonial Faire and Muster at the Wayside Inn, APPROVED; adopted. IN CITY COUNCIL 5 JULY 25, 2022 Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from Central MA Mosquito Control Project, re: Personnel will be in the community responding to residents’ concerns about mosquitos on various dates in July 2022, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Brian Falk on behalf of Alta Marlborough, re: Proposed Modification to Condition #15 of the Special Permit, Order No. 22- 1008572D, MOVED TO AGENDA ITEM #23; adopted. Councilor Dumais Recused. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY AUGUST 22, 2022, as the DATE FOR PUBLIC HEARING, on the Application for Modification of Special Permit from Attorney Brian Falk on behalf of Levon Gulbankian, to amend the Special Permit for the Gulbankian Mobile Home Village to authorize a new building lot and replace one mobile home with a single-family home, 270 Broadmeadow Street (X 89-2851C), referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Dennis McKenna on behalf of Wayside Residential, re: Proposed Revised Application for Special Permit to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms, relative to the Court Ordered Remand, 339 Boston Post Road East (McGee Farm), 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, June 14, 2022. b) Conservation Commission, June 16, 2022. c) Fort Meadow Commission, September 16, 2021, April 14, 2022 & May 5, 2022. d) Planning Board, May 23, 2022. e) Traffic Commission, May 2, 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) Edith Blute, 18 Kenny Lane, residential mailbox claim (2a). b) Frank Urbani, Jr., 116 Donahue Drive, pothole or other road defect. c) Ronald Williams, 34 Davis Street, other property damage and/or personal injury. IN CITY COUNCIL 6 JULY 25, 2022 Reports of Committees: Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee June 1, 2022 Minutes and Report This meeting convened at 7:30 PM and was held in the City Council Chamber and open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8 or Verizon/Fios Channel 34) and was available for viewing using the link under the Meeting Videos tab on the city’s website, home page (www.marlborough-ma.gov). Voting Members: Chair Irish, Councilors Dumais, Oram, Perlman, and Brown. Non-Voting Members: Councilors Wagner, Doucette, and Navin. Others Present: City Clerk Steven Kerrigan. Order No. 22-1008634 – Amend Board of Registrars and Assistant Registrar Stipends. The Finance Committee reviewed the City Clerk’s letter dated June 23, 2022, requesting an amendment to Chapter 125 Section 6 Salary Schedule for the Board of Registrars and Assistant Registrar Stipends. The City Council approved the funding for these stipends in the FY23 budget. On a motion by Councilor Perlman, seconded by Chair Irish, the Finance Committee voted (5 – 0) to recommend approval of the amendment to Chapter 125 Section 6 for the following stipends and to suspend the rules to approve at the City Council July 25, 2022, meeting. • Registrar of Voters, Chair: $500.00 • Registrar of Voters: $500.00 • Assistant Registrar of Voters: $750.00 On a motion by Councilor Perlman, seconded by the Chair, the meeting adjourned at 7:39 PM. IN CITY COUNCIL 7 JULY 25, 2022 Suspension of the Rules requested – granted. Motion by Councilor Irish, 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,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: Position Rate Registrar of Voters, Chair $500.00 Registrar of Voters $500.00 Assistant Registrar of Voters $750.00 II. This ordinance shall supersede and replace any existing rate for said position(s) in the current salary schedule. APPROVED. 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 City Solicitor Jason Grossfield, re: Special Permit of Alta Marlborough, LLC (Wood Partners) to build a mixed-use project in the neighborhood business district consisting of 10,074 square feet of ground floor retail and commercial space, 276 dwelling units in addition to an on-site parking garage with 448 spaces to be located at the corner of Lincoln and Mechanic Streets, in proper legal form, Order No. 22-1008572D, FILE; adopted. Councilor Dumais Recused. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Brian Falk on behalf of Alta Marlborough, re: Proposed Modification to Condition #15 of the Special Permit, Order No. 22- 1008572D, FILE; adopted. Councilor Dumais Recused. Motion by Councilor Robey, seconded by the Chair to amend condition #15 as submitted by Solicitor Grossfield to read “The residential units shall have all-electric utilities, including heat, air conditioning, and hot water, and the Applicant shall use best efforts to provide all-electric utilities in the retail, commercial, and amenity portions of the Use. The Use shall have a green roof, substantially as shown on the Plans”, APPROVED; adopted. Councilor Dumais Recused. Motion by Councilor Perlman, seconded by the Chair to amend condition #11 (j) to change the word “may” to “shall”, APPROVED; adopted. Councilor Dumais Recused. IN CITY COUNCIL 8 JULY 25, 2022 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: DECISION ON A SPECIAL PERMIT ALTA MARLBOROUGH, LLC DECISION ON A SPECIAL PERMIT ORDER NO. 22-1008572E The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Alta Marlborough, LLC (the “Applicant”) for a mixed-use development on various parcels at Lincoln Street and Mechanic Street in the Neighborhood Business Zoning District, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, Alta Marlborough, LLC, is a Delaware limited liability company with an address of 91 Hartwell Avenue, Lexington, MA 02421. 2. The Applicant is the prospective owner of the property located on or about Lincoln Street and Mechanic Street in Marlborough, MA, being shown on Assessors Map 56 as Parcel 85, and on Assessors Map 69 as Parcels 337, 338, 338A, 339, 339A, 340, 341, 342, 343, 345, and including a portion of the rail spur land shown as “Parcel A – N/F City of Marlborough” on the Plans referenced in paragraph 5 below (the “Site”). 3. In accordance with Section 650-17, Section 650-18(A)(42), and Section 650-39 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Applicant proposes a mixed-use development at the Site (the “Use”). As shown on the Plans referenced in paragraph 5 below, the Use consists of 276 residential units – 10% of which shall be restricted as affordable – in two attached buildings, 10,074 square feet of ground level retail and commercial space, a parking garage with 448 spaces, an open-air parking lot with 8 spaces, 25 parking spaces parallel to Lincoln Street and Mechanic Street located partially on the Site and partially within the City right of way, landscaped areas, and amenity areas. As shown on the Plans referenced in paragraph 5 below, the Applicant also proposes a parking lot with 22 spaces and a public amenity / restroom building on a parcel to be conveyed in accordance with the Land Swap Agreement referenced in condition #17 below. 4. The Applicant, by and through its counsel, filed with the 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, and a site plan entitled “Alta Marlborough, 283-325 Lincoln Street, Marlborough, MA” by Allen & Major Associates, Inc., with the last revision date of April 1, 2022 (the “Plans”) attached hereto as “Attachment A.” 6. In connection with the Application, the Applicant also submitted a Fiscal Impact Analysis dated May 5, 2022, by Fougere Planning & Development, Inc., and a Transportation Impact Assessment dated May 2022 by Vanasse & Associates, Inc. 7. 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. IN CITY COUNCIL 9 JULY 25, 2022 8. The Site is located in the Neighborhood Business Zoning District. 9. The Site has an area of 211,972 square feet +/- (4.87 acres) as shown on the Plans. 10. 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 advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 11. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, May 9, 2022. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on May 9, 2022. 12. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 13. At the public hearing, three members of the public spoke in favor of the Use and one member of the public spoke in opposition to the Use. 14. The Applicant, through its representatives, conducted a balloon test on May 18, 2022, to demonstrate the height of the proposed buildings, with notices of the balloon tests being mailed to property owners listed on the certified list of abutters and being posted on the City website. 15. Pursuant to Massachusetts General Laws Chapter 40A, Section 9, a special permit for the Use requires a simple majority vote because the Applicant proposes a mixed-use development in a center of commercial activity in Marlborough that will restrict 10% of its residential units as affordable. 16. Councilor Donald Landers was absent from the single session of the public hearing on the Application. Prior to the vote on this decision, Councilor Landers filed a written certification as to examination of all the evidence and testimony received at the hearing session as set forth in “Attachment B” hereto, made as part of the record of the hearing, in accordance with Massachusetts General Laws Chapter 39, Section 23D. 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. 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. IN CITY COUNCIL 10 JULY 25, 2022 C. In accordance with Section 650-39.F, the City Council finds that modifications to the dimensional, parking, design, and landscaping requirements applicable to the Use, as shown on the Plans, shall result in an improved design and will not nullify or substantially derogate from the intent or purpose of Section 650-39 of the Zoning Ordinance, because the design integrates the buildings with the existing neighborhood and nearby rail trail, and accommodates convenient parking for members of the public using the Site’s retail and commercial spaces. D. 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 mixed-use development at the Site 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 Review 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 Site Plan Review Committee may approve minor amendments to the Plan’s, so long as said changes do not materially increase the impervious area of the Use, alter traffic flow, increase the size of the buildings, increase the number of residential units, or increase the total number of bedrooms above 440, 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 11 JULY 25, 2022 5. Storm Water and Erosion Control Management. The Applicant 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 shall grant this individual(s) complete authority of the Site as it relates to stormwater and erosion controls. 6. Affordable Units. Ten percent (10%) of the residential dwelling units at the Site shall be made available as rental units at affordable prices to renters (whose annual income does not exceed eighty percent (80%) of the Area median income adjusted for family size as determined by the U.S. Department of Housing and Urban Development) in perpetuity or the longest period allowed by law (the “Affordable Housing Units”). The Affordable Housing Units shall comply with all requirements for inclusion in the Subsidized Housing Inventory (“SHI”) of the Commonwealth of Massachusetts Department of Housing and Community Development (“DHCD”). Prior to obtaining a final certificate of occupancy for any unit within the Use, the Applicant, in coordination with the City and its Community Development Authority, shall file all required submissions to DHCD for inclusion of the Affordable Housing Units on the SHI and shall diligently take all actions necessary to include the Affordable Housing Units on the SHI, including without limitation, preparing and executing a regulatory agreement and declaration of restrictive covenants and/or any other restrictive instrument necessary to ensure compliance with this condition, a marketing plan, and all other required documentation. All costs associated with complying with this condition, including but not limited to, the DHCD process, recording of all documents with the registry of deeds, and the marketing plan for the Affordable Units shall be borne by the Applicant. 7. Rail Trail Lot and Public Amenity/Restroom Building. Not later than the issuance of a final certificate of occupancy for the Use or 26 months following the issuance of a building permit for the buildings associated with the Use, whichever is sooner, and in accordance with the Land Swap Agreement referenced in condition #17 below, the Applicant shall have both caused the conveyance to the Marlborough Economic Development Corporation of the land shown on the Plans as “Lot 2” and completed the parking lot and public amenity/restroom building as shown on the Plans, retaining an access easement over Lot 2 for the benefit of the Use to be further defined through the Site Plan Review process; provided, however, that the Site Plan Review Committee through the Site Plan Review process may authorize the construction of the public amenity/restroom building at another site in the City, or payment to the City in lieu of such construction. The final design of the public amenity/restroom building shall be determined by the Site Plan Review Committee through the Site Plan Review process and shall be architecturally interesting and have railroad-related design elements. IN CITY COUNCIL 12 JULY 25, 2022 8. Parallel Parking Spaces and Sidewalks. Prior to the issuance of a final certificate of occupancy for the Use, the Applicant (at no cost to the City) shall grant to the City and record any easements deemed necessary by the City Engineer in a form acceptable to the City, for the parallel parking spaces and sidewalks along Lincoln Street and Mechanic Street, as shown on the Plans. If the City accepts as public ways any portions of the parallel parking spaces and sidewalks along Lincoln Street and Mechanic Street, the City Council hereby finds that any resulting change in the Site’s boundaries and setbacks meet the provisions of Section 650-39.F of the Zoning Ordinance for modified dimensional, parking, design, and landscaping requirements for the reasons set forth in Finding C of this Decision. 9. Jefferson Street Parking Lot. Prior to the issuance of a final certificate of occupancy for the Use or by the date set forth in the Land Swap Agreement referenced in condition #17 below (whichever is sooner), the Applicant shall complete improvements to the City- owned parking lot located at 56 Jefferson Street, which serves the Assabet River Rail Trail, in accordance with said Land Swap Agreement. 10. Neighboring Properties at 91, 103, and 103A Mechanic Street. The Applicant shall install and maintain along the boundary line of the Site adjacent to 91 Mechanic Street a privacy fence with a height of six feet, where permissible under the City Code, and vegetated screening to help minimize the view of the Site from 91 Mechanic Street. The Applicant shall install and maintain along the boundary line of the Site adjacent to 103 and 103A Mechanic Street fencing and vegetated screening to help minimize the view of the Site from 103 and 103A Mechanic Street. Wherever possible, the Applicant shall preserve and maintain existing trees to screen the Site from neighboring properties. 11. Site Access and Safety. a. The Site driveway, access easement across the rail trail parking lot, and the vehicle turnaround driveway shall be a minimum of 24 feet in width and designed to accommodate the turning and maneuvering requirements of emergency vehicles. b. For all perpendicular parking spaces, the drive aisle behind the parking should be a minimum of 23 feet in order to facilitate parking maneuvers. c. Vehicles exiting the Site should be placed under stop sign control with a marked stop line. d. All signs and pavement markings to be installed within the Site shall conform to the applicable standards of the Manual on Uniform Traffic Control Devices. e. Sidewalks shall be provided to link the building entrances to the sidewalks along Lincoln Street and Mechanic Street, as shown on the Plans. f. Americans with Disabilities Act (ADA) compliant wheelchair ramps shall be provided for crossing the Site driveway and rail trail parking lot entrance, or the driveway and entrance shall be designed such that the sidewalks along Lincoln Street and Mechanic Street are flush with the driveway and entrance. g. Signs and landscaping installed in the vicinity of the Site driveway and rail trail parking lot entrance shall be designed and maintained so as not to restrict lines of sight. h. Snow accumulations in the vicinity of the Site driveway and rail trail parking lot entrance shall be promptly removed where such accumulations would impede sight lines. IN CITY COUNCIL 13 JULY 25, 2022 i. Accommodations for future Electronic Vehicle (EV) charging stations shall be installed in at least 10% of the parking spaces in the parking garage with at least 20 parking spaces having EV charging stations installed upon occupancy of the parking garage. j. At the Applicant’s expense, the Site Plan Review Committee shall engage the services of an outside transportation engineer to provide a peer review of the Applicant’s Transportation Impact Assessment dated May 2022 by Vanasse & Associates, Inc., and shall implement the recommendations of such engineer through the Site Plan Review process. The need for additional safety improvements at the Site’s driveways or nearby intersections, such as additional signage, crosswalk markings, traffic calming devices, etc., shall be reviewed as part of the Site Plan Review process. 12. Transportation Alternatives. a. The Applicant shall assign a transportation coordinator to coordinate a Transportation Demand Management (TDM) program for the Site. b. Information regarding public transportation services, maps, schedules, and fare information shall be posted in a central location and/or otherwise made available to residents and employees at the Site. c. A welcome packet shall be provided to residents and employees detailing available public transportation services, bicycle and walking alternatives, and commuter options available. d. Commercial tenants shall be encouraged to offer specific amenities to discourage off-site trips, including providing a breakroom equipped with a microwave and refrigerator, offering direct deposit of paychecks, and similar measures to reduce overall traffic volumes and travel during peak-traffic-volume periods. e. Work-at-home workspaces shall be provided to support telecommuting by residents of the Site. f. Pedestrian accommodations shall be incorporated within the Site and consist of walkways that connect to the existing sidewalks along Lincoln Street and Mechanic Street. g. A central maildrop shall be provided within the building for residents. h. Secure bicycle parking shall be provided for residents, visitors/patrons and commercial tenants, including weather protected bicycle parking in a bike room located within the garage. 13. 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 associated with the retail and commercial spaces at the Site shall be shut off outside of operating hours, except for lighting necessary for security and emergency access. 14. Landscaping. A detailed landscaping plan for the Site shall be reviewed and further conditioned during the Site Plan Review process and may contain more extensive screening of the Site than is required by the Zoning Ordinance. 15. Green Design. The residential units shall have all-electric utilities, including heat, air conditioning, and hot water, and the Applicant shall use best efforts to provide all-electric utilities in the retail, commercial, and amenity portions of the Use. The Use shall have a green roof, substantially as shown on the Plans. IN CITY COUNCIL 14 JULY 25, 2022 16. Compliance with Applicable Laws. The Applicant shall comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of the Use. 17. Land Swap Agreement. The Applicant shall exercise all rights authorized (subject to all conditions herein) by this special permit in a manner that is consistent with that certain Land Swap Agreement dated March 2, 2022, by and between WP East Acquisitions, L.L.C. and the Marlborough Economic Development Corporation, as may be amended by the parties to said agreement (“Land Swap Agreement”). 18. Recording of Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 11, the Applicant, 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: 8 – Nay: 1 – Absent – 1 – Abstain: 1 Yea: Wagner, Doucette, Brown, Irish, Navin, Ossing, Perlman, & Robey. Nay: Oram Absent: Landers Abstain: Dumais. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 8:51 PM; adopted.