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, NOVEMBER 7, 2022 The regular meeting of the City Council was held on Monday, November 7, 2022, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Wagner, Dumais, Brown, Irish, Navin, Oram, Perlman & Robey. City Councilors Absent: Doucette & Landers. 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, October 17, 2022, FILE; 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 $2,000,000.00 from the Executive Office of Housing and Economic Development, Department of Housing and Community Development and Massachusetts Development Finance Agency through the FY23 Community One Stop for Growth program awarded to the Department of Public Works to be used to reconstruct a one-mile section of Cedar Hill Street; 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 $250,000.00 from MA Development’s Taxi & Livery Partnership Program awarded to the Marlborough Economic Development Corporation (MEDC) to be used to continue funding of the commuter shuttle service; adopted. IN CITY COUNCIL 2 NOVEMBER 7, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $1,574.75 which moves funds from the Firefighter account to the Meal Allowance account to cover a deficit due to numerous emergency situations, APPROVED; adopted. Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: WHEREAS, in the opinion of the City Council of the City of Marlborough, the common convenience and necessity require that the permanent access and utility easement described below be accepted as a municipal easement: DESCRIPTION The access and utility easement shown as “Proposed Access & Utility Easement”, on a plan of land entitled “Easement Plan of Land in Marlborough, MA”, Prepared by: City of Marlborough Department of Public Works, Engineering Division, 135 Neil Street, Marlborough, MA 01752, Date: March 21, 2022 (the “Plan”), said Plan to be recorded herewith. Easement containing 4,042.26+/- square feet (0.09 acres, more or less), according to the Plan. Being a portion of the property owned in Marlborough by the Grantor and described in a deed recorded in the Middlesex South District Registry of Deeds in Book 12312, Page 157 and Book 12312, Page 159. IT IS THEREFORE ORDERED THAT: The access and utility easement shown as “Proposed Access & Utility Easement” on the Plan constituting a portion of land located at 22 Mechanic Street, containing 4,042.26 square feet+/- (0.09 acres, more or less), being a portion of the property owned by First Baptist Church of Marlborough, MA 01752 and described in a deed recorded in the Middlesex South District Registry of Deeds in Book 12312, Page 157 and Book 12312, Page 159, be accepted as a municipal easement in the City of Marlborough. APPROVED; adopted. IN CITY COUNCIL 3 NOVEMBER 7, 2022 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: Communication from City Solicitor, Jason Grossfield on behalf of Councilor Robey, re: Proposed Amendments to Chapter 650 “Zoning”, relative to certain provisions concerning mixed-use and affordable housing, referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, DECEMBER 19, 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. By amending Chapter 650 (Zoning), Section 650-5 (Definitions; word usage), Subsection B, “Mixed Use” definition, by deleting the definition in its entirety and replacing it with the following: MIXED USE (1) A combination of permitted (Y) or special permit (SP) residential/business uses as listed in § 650-17, Table of Use Regulations, for a particular zoning district, located on the same lot and arranged vertically in multiple stories of a structure or horizontally adjacent to one another in one or more buildings. (2) To achieve a mix of residential to business uses, such as retail or restaurant, that is balanced and compatible, ground floors of buildings fronting streets or public accessways shall be restricted to nonresidential uses, except as specified below: (a) Dwelling units shall be allowed on ground floors of a building that is set behind a mixed-use building that has business uses on the ground floor and residential on other floors so long as the building set behind does not face a public way. II. By amending Chapter 650 (Zoning), Section 650-26 (Affordable Housing), to read as follows: (new text shown as underlined, deleted text shown as strikethrough): § 650-26. Affordable housing. A. All site plan approvals granted for multifamily dwellings as part of a mixed-use development, and all special permits granted to applicants to construct multifamily dwellings thereby increasing the number or density of residential dwellings to a number or level greater than that allowable as a matter of right under the zoning classification for the subject parcel shall require the following. (1) Developments of 20 or more units. (a) Number of affordable units. The development shall i) provide that at least 15% of the dwelling units to be constructed for homeownership or rental purposes will be made available at affordable prices to home buyers or renters, or ii) if authorized by a majority of the City Council, provide a sum not less than $50,000 per affordable dwelling unit that would have been required in Item i) above to be deposited as directed by the City Council into the fund for economic development created by Chapter 126 of the Acts of 2011 or into another fund designated by the City Council. (b) Local preference. The development plan shall provide that all legally permissible efforts shall be made to provide 70% of the affordable dwelling units to eligible residents of the City of Marlborough. IN CITY COUNCIL 4 NOVEMBER 7, 2022 (c) Distribution of affordable units. Dwelling units to be sold or rented at affordable prices shall be integrated into the overall development to prevent physical segregation of such units. (d) Appearance. The exterior of the affordable units shall be designed to be compatible with and as nearly indistinguishable from the market rate units as possible. (e) Minimum and maximum floor areas. Affordable housing units shall have a gross floor area not less than the minimum required by the State Department of Housing and Community Development under the regulations created under the authority of MGL Chapter 40B. (f) Period of affordability. Limitations and safeguards shall be imposed to ensure the continued availability of the designated affordable units for a minimum of 99 years or in perpetuity. Such limitations and safeguards may be in the form of deed restrictions, resale monitoring, requirements for income verification of purchasers and/or tenants, rent level controls and the like. (g) Limitation on change in affordability. In no event shall any change in affordability occur if the minimum percentage of affordable units required in the entire City under MGL Chapter 40B has either not been met at that time or such change in affordability would cause the City to fall below that percentage. (h) Staging of affordable and market-rate units. No more than 50% of the building permits for the market-rate units shall be issued until construction has commenced on 30% of the affordable units. No more than 50% of the occupancy permits for the market-rate units shall be issued until 30% of the occupancy permits for the affordable units have been issued. The City Council may modify this provision for developments under 50 units. (i) Alternate site. The City Council may allow the developer to build some or all of the affordable housing required by Subsection A(1)(a) on an alternate site within the City, provided that the City Council determines that this is in the best interest of the City and orders that this specific condition be attached to the special permit. The location of the alternate site shall either be specified at the time of approval for the special permit or selected within six months of said application and shall then be subject to approval by the Housing Partnership Committee or its successor, by the City Council if otherwise required by this Zoning Ordinance and by any other proper authority as may be required by law. The development of the alternate site shall comply with Subsection A(1)(b), (e), (f), (g), (h) and (j) of this section, and the staging of development on the alternate site shall be governed by Subsection A(1)(h) applied to all units on both the main and alternate sites. (j) Guaranty of performance. The City Council shall require security in a form satisfactory to the City Council and City Solicitor to guarantee performance, including preservation of affordability, under this subsection, and no building permit shall be issued until and unless said security has been provided. (2) Developments of 19 or fewer units. All provisions of Subsection A(1) above applicable to 20 or more units may also be applied to developments of 19 or fewer units as the City Council finds practical. IN CITY COUNCIL 5 NOVEMBER 7, 2022 (3) The provisions of this section shall not apply to a special permit for an existing retirement community or the expansion of an existing retirement community as governed by §§ 650-21 and 650-22, but shall apply to any new retirement community or expansion of an existing retirement community. This subsection will be effective pursuant to the applicable provisions of Chapter 40A of the General Laws. (4) The provisions of this section shall not apply to projects which are granted special permits within the Marlborough Village District. III. By amending Chapter 650 (Zoning), Section 650-37 (Special Provisions Applicable to the Wayside Zoning District), Subsection H(4)(A), entitled “Mixed Uses”, by inserting the following sentence at the end of the existing subsection: Floor usage in a mixed- use development shall conform to subsection (2) of the definition of “Mixed Use” set forth in Section 650-5(B). IV. The effective date of these amendments shall be the date of passage. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Proposed Salary Ordinance and Job Description for the Substance Use Prevention Coordinator and Intervention Specialist, within the Health Department, in proper legal form, Order No. 22- 1008678, FILE AND MOVED TO AGENDA ITEM #17; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Application for Modification of Special Permit from Attorney Brian Falk on behalf of Vedi Naturals, LLC, d/b/a/ Kosa Dispensary, to amend condition #8 relative to the hours of operation for the adult use retail marijuana establishment located at 505 Boston Post Road West, in proper legal form, Order No. 19/22-1007881, FILE AND MOVED TO AGENDA ITEM #16; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Application for Modification of Special Permit from Attorney Brian Falk, on behalf of Aubuchon Realty Company, Inc., to allow for a stand-alone Chipotle Restaurant with a drive-thru and eliminate the proposed bank and retail addition to the plaza located at 661 Boston Post Road East, in proper legal form, Order No 21/22-1008395, FILE AND MOVED TO REPORTS OF COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Application for Modification of Site Plan Approval from Aubuchon Realty Company, Inc., related to the retail plaza within the Wayside District, at 661 Boston Post Road East, in proper legal form, Order No. 21/22-1008418, FILE AND MOVED TO REPORTS OF COMMITTEE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY NOVEMBER 21, 2022, as the DATE FOR PUBLIC HEARING, on the Petition of Verizon New England to lay and maintain underground conduits, with wires and cables to be placed therein under the public way, Desimone Drive, referred to the PUBLIC SERVICES COMMITTEE; adopted. IN CITY COUNCIL 6 NOVEMBER 7, 2022 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY DECEMBER 5, 2022, as the DATE FOR PUBLIC HEARING, on the Application for Special Permit from Application for Special Permit from Marquel Frink and Divino Oliveira on behalf of All Fur Love, to operate a dog grooming business to be located at 75 Lincoln Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That pursuant to Chapter 650-37 I(1)(a) of the Code a Master Sign Plan for the Wayside Crossing Plaza at 661 Boston Post Road East, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY NOVEMBER 21, 2022, as the DATE FOR PUBLIC HEARING, on the Application for a Sign Special Permit from Attorney Brian Falk, on behalf of Wayside Crossing, for a proposed EMC sign that will serve as an ordering board for the Starbucks drive-thru at 661 Boston Post Road East, ADVERTISED; adopted. Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted. a) School Committee, October 11, 2022. b) Planning Board, August 22, 2022 & September 12, 2022. c) Traffic Commission, August 31, 2022. Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Jane Goring,184 Parkerville Road, Southborough, MA, pothole or other road defect. b) Lily Luong, 79 Dewey Street, Worcester, MA, pothole or other road defect. c) Guadalupe Quito, 87 Gaye Street, #1, Worcester, MA, pothole or other road defect. d) David Wills, 124 Desimone Drive, pothole or other road defect. IN CITY COUNCIL 7 NOVEMBER 7, 2022 Reports of Committees: Councilor Irish reported the following out of the Public Services Committee: City Council Public Services Committee Thursday, October 26, 2022 Minutes and Report This meeting convened at 7:00 PM in the City Council Chamber and was open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8 or Verizon/Fios Channel 34) and 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 Landers and Councilor Irish; Councilor Brown was absent. Also present were Councilors Ossing, Navin, Wagner, Doucette, and Robey. Order No. 22-1008711: Application for Renewal of license to operate a Livery Service with one vehicle by Eduard Zholudev, d/b/a Easy Airport Limo Services at 15 Indian Lane. Applicant confirmed the business will operate with one (1) vehicle only and there have been no issues regarding parking. Ward Two Councilor Doucette stated for the record that he has not received any complaints regarding the operation of this business. On a motion by Councilor Irish, seconded by Chair, the committee voted to recommend approval of the renewal of the license to operate a Livery Service with one vehicle to Eduard Zholudev, d/b/a Easy Airport Limo Services at 15 Indian Lane. Vote 2-0 (Brown absent) Order No. 22-1008669: Application for Renewal of Junk Dealer/Secondhand Dealer License by Best Buy Stores, LP #820, 769 Donald J. Lynch Boulevard. Councilor Irish read the following report from Best Buy dated October 26, 2022, into the record: The Trade In Program is going really well and is super beneficial to the store, company and the city, not just for the value (gift card amount) from customers but the store runs trade-in promos where you switch out an old printer and get 10-15 percent off a new one. The program encourages customers to continue to expand their knowledge with the evolution of technology and how it impacts areas of their homes. Clients have traded in old products they no longer see a value in to afford things they now need. On a motion by Councilor Irish, seconded by Chair, the committee voted to recommend approval of the renewal of the Junk Dealer/Secondhand Dealer License to Best Buy at 769 Donald J. Lynch Blvd. Vote 2-0 (Brown absent) Order No. 22-1008587: Application for Taxi/Livery License from Nathan Sebuliba d/b/a Indelible Homecare, Inc., to operate a Livery Service with one vehicle at 97 Neil Street. Applicant confirmed he has a garage and space in the driveway. He will operate only one (1) vehicle, and it will always be parked off the street in the garage or in the driveway. On a motion by Councilor Irish, seconded by Chair, the committee voted to recommend approval of the application for Taxi/Livery License from Nathan Sebuliba d/b/a Indelible Homecare, Inc., to operate a Livery Service with one vehicle at 97 Neil Street. Vote 2-0 Brown absent. On a motion by Irish, seconded by the Chair, all in favor, the meeting adjourned at 7:12 PM. IN CITY COUNCIL 8 NOVEMBER 7, 2022 Reports of Committee Continued: Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee Thursday, October 26, 2022 Minutes and Report Urban Affairs & Housing Committee voting members present were Chairman Katie Robey, Councilor Doucette, Councilor Landers, Councilor Navin, and Councilor Wagner. Other Councilors present were Irish and Ossing. Representing the petitioner were Attorney Falk; Bobby Trickett, Aubuchon Realty Company; and Matt Bombacci from Bohler Engineering. Order No. 21/22-1008395F X 21-1008418C Application for Modification of Special Permit and Site Plan from Attorney Falk on behalf of Aubuchon Realty Company, Inc, to allow for a stand- alone Chipolte Restaurant with a drive thru facility and to eliminate the proposed bank and retail addition to the plaza located at 661 Boston Post Road East. The chair stated that the committee would start with reviewing the Decision on an Amendment to the Special Permit. The original special permit was approved on November 8, 2021, to build and operate a drive-thru facility for a bank, a drive-thru facility for a coffee shop restaurant, and a walk-up window for a coffee shop. The amendment replaces the approved drive-thru bank with a drive-thru restaurant. The restaurant would have no order board onsite, orders for pick-up at the drive-thru would be via phone or customers could park and go inside to order and eat food. Councilor Doucette moved to approve the Decision on the Amendment to the Special Permit. Motion was seconded and approved 5-0. The chair then took up the Amended Site Plan Approval with Conditions. As this project is in the Wayside district, the City Council is the Site Plan authority. However, this was reviewed by the Site Plan Review Committee. The chair read the email from Priscilla Ryder stating they approve of the two conditions in the amended document. The conditions are (1) that a temporary certificate of occupancy may be issued for either the new coffee shop structure or the new restaurant structure while site work required for the Special Permit remains incomplete, subject to a phasing plan approved the Site Plan Committee and (2) that all other conditions of the original Site Plan continue in full force and effect. Councilor Doucette moved to approve the Amended Site Plan with Conditions. Motion was seconded and approved 5-0. The chair reminded everyone that sign permits for this site would be on an upcoming agenda with a sign special permit for the Starbucks’ order board. The chair asked if anyone had an issue with the Solicitor being asked to have the Amended Special Permit and Site Plan in proper legal form for the November 7 agenda for vote of full council. This would allow the applicant to apply for permits to start work as soon as possible. No one had any objection. Councilor Doucette moved to adjourn; it was seconded and carried 5-0. The meeting was adjourned at 7:45 pm. IN CITY COUNCIL 9 NOVEMBER 7, 2022 Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: IN CITY COUNCIL DECISION ON AN AMENDMENT TO A SPECIAL PERMIT AUBUCHON REALTY COMPANY, INC. DECISION ON AN AMENDMENT TO A SPECIAL PERMIT ORDER NO. 21/22-1008395H The City Council of the City of Marlborough hereby GRANTS the Application for an Amendment to an existing Special Permit to Aubuchon Realty Company, Inc. (the “Applicant”) to build and operate a drive-thru facility for a restaurant, a drive-thru facility for a coffee shop restaurant, and a walk up window for a coffee shop restaurant, and to modify a preexisting nonconforming use as a dry cleaner by adding said uses (the “Use”) at 661 Boston Post Road East, in the Wayside Zoning District, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, Aubuchon Realty Company, Inc., is a Massachusetts corporation with an address of 73 Junction Square Drive, Concord, MA 01742. 2. The Applicant is the owner of the property located at 661 Boston Post Road East, Marlborough, Massachusetts, being shown as Parcel 27A on Assessors Map 61 (the “Site”). 3. On November 8, 2021, the City Council of the City of Marlborough voted to grant a special permit authorizing the Applicant to build and operate a drive-thru facility for a bank, a drive-thru facility for a coffee shop restaurant, and a walk up window for a coffee shop restaurant, and to modify a preexisting nonconforming use as a dry cleaner by adding said uses at 661 Boston Post Road East, in accordance with Article IV, Section 650-12.B, Article V, Section 650-14.B(2), Section 650-17, Section 650-18(A)(31), and Section 650-37 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), as further described in a document recorded at the Middlesex South District Registry of Deeds in Book 79297, Page 499 (the “Original Special Permit”). 4. In accordance with Article IV, Section 650-12.B, Article V, Section 650-14.B(2), Section 650-17, Section 650-18(A)(31), and Section 650-37 of the Zoning Ordinance, the Applicant seeks approval for the Use at the Site, replacing the approved drive-thru facility for a bank with a drive-thru facility for a restaurant, as shown on the Plans referenced in paragraph 6 below. 5. The Applicant, by and through its counsel, filed with City Clerk of the City of Marlborough an Application for an Amendment to an existing Special Permit (“Application”) for the Use. 6. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and a site plan entitled “Proposed Site Plan Documents” by Bohler Engineering, with the last revision date of September 7, 2022, (the “Plans”) attached hereto as “Attachment A.” IN CITY COUNCIL 10 NOVEMBER 7, 2022 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. 8. The Site is located in the Wayside Zoning District. 9. The Site has an area of 91,824 square feet +/- 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 be 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, October 3, 2022. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on October 3, 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, no members of the public spoke in opposition to the Use. 14. 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 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, with the replacement of the approved drive-thru facility for a bank with a drive-thru facility for a restaurant, and as amended by the Plans for this purpose, 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 finds that the alteration of the Site with respect to the preexisting nonconforming dry cleaner use would not be substantially more detrimental to the neighborhood than the existing nonconforming use. 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 an Amendment to an existing Special Permit to build and operate a drive-thru facility for a restaurant, a drive-thru facility for a coffee shop restaurant, and a walk up window for a coffee shop restaurant, and to modify a preexisting nonconforming use as a dry cleaner by adding said uses at 661 Boston Post Road East, as shown on the Plans filed, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: IN CITY COUNCIL 11 NOVEMBER 7, 2022 1. Remote Ordering. The drive-thru facility for the restaurant shall not have an ordering menu and customers using the drive-thru facility for the restaurant shall be required to place orders in advance, remotely, and use the drive-thru facility only to pick up orders. This condition shall not apply to the previously approved coffee shop restaurant at the Site. 2. Signs. The Applicant shall install wayfinding signs within the Site to alert customers using the drive-thru facility for the restaurant that orders must be placed in advance, remotely, and that the drive-thru facility may only be used to pick up orders. This condition shall not apply to the previously approved coffee shop restaurant at the Site. 3. Traffic Circulation. The City’s Site Plan Committee may require modifications to the Site’s internal traffic circulation design if it is determined by the Police Chief that said design causes an excessive number of vehicular or pedestrian accidents. 4. Trash Removal. The Applicant shall ensure that any trash removal from the Site takes place between 7:00 a.m. and 7:00 p.m. and at times that do not conflict with peak customer activity. 5. Prior Conditions. Except as modified by this Decision, all conditions of the Original Special Permit shall continue in full force and effect and are incorporated by reference as part of this Decision. 6. 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: 9 – Nay: 0 – Absent – 2 Yea: Wagner, Dumais, Brown, Irish, Navin, Oram, Ossing, Perlman, & Robey. Absent: Doucette & Landers Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough does hereby approve the Site Plan Permit, which sets forth an Approval with conditions of the amended site plans submitted by Aubuchon Realty Company, Inc., to expand and upgrade the retail plaza at 661 Boston Post Road East, Marlborough, APPROVED; adopted. IN CITY COUNCIL 12 NOVEMBER 7, 2022 Motion by Councilor Robey, seconded by the Chair to adopt the following: IN CITY COUNCIL DECISION ON AN AMENDMENT TO A SPECIAL PERMIT VEDI NATURALS LLC DECISION ON AN AMENDMENT TO A SPECIAL PERMIT ORDER NO. 19/22-1007881L The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Vedi Naturals LLC (the “Applicant”) to amend an existing special permit to build and operate an Adult Use Marijuana Retail Establishment at 505 Boston Post Road West, 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 limited liability company having a business address of 505 Boston Post Road West, Marlborough, Massachusetts 01752. 2. The Applicant is the tenant of a commercial retail unit located at 505 Boston Post Road West, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 88 as Parcel 3 (the “Site”). The Site’s owner is Sparte II Realty Trust, Eleni Karalis McGrail and Christofile Tsiantoulas, co-Trustees, with a business address of 160 Edgell Road, Framingham, MA 01701. 3. On August 24, 2020, the City Council of the City of Marlborough voted to grant a special permit authorizing the Applicant to build and operate an Adult Use Marijuana Retail Establishment at the Site (the “Use”) in accordance with Article VI, § 650-17, § 650- 18(46), and § 650-32 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), as further described in a document recorded at the Middlesex South District Registry of Deeds in Book 75722, Page 351 (the “Original Special Permit”). 4. The Site is located in the Business Zoning District with frontage on Boston Post Road West (Route 20). 5. The overall Site has an area of 87,555.6 +/- square feet. 6. The Use occupies an existing retail unit at the Site with an area of 2,350 +/- square feet. 7. On September 8, 2022, 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 M.G.L. c. 40A, § 9 and the Marlborough Zoning Ordinance (the “Application”). 8. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and existing site plans for the Site. 9. 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 13 NOVEMBER 7, 2022 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 be 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, October 3, 2022. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on October 3, 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, no members of the public spoke in favor of the Use and no members of the public spoke in opposition to the Use. 14. 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 E. The Applicant has complied with all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. F. 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. G. The City Council incorporates by reference Finding C in the Original Special Permit. H. The City Council incorporates by reference Finding D in the Original Special Permit, except as modified in this Decision. I. 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: 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 CITY COUNCIL 14 NOVEMBER 7, 2022 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: 9 – Nay: 0 – Absent – 2 Yea: Wagner, Brown, Irish, Navin, Oram, Ossing, Perlman, & Robey. Absent: Doucette & Landers Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendment to the City Code, Chapter 125 “Personnel”, §6 “Salary Schedule” to create a new position of Substance Use Prevention Coordinator and Intervention Specialist within the Health Department as submitted by the Mayor, 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 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6 the following: Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Start 6-months 1-year of 2-years of 3-years of 4-years of 5-years of of service service service service service service Substance $58,000.00 $59,160.00 $60,343.20 $61,550.06 $62,781.07 $64,036.69 $65,317.42 Use Prevention Coordinator and Intervention Specialist (35 hours per week) II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. 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 8:29 PM; adopted.