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 21, 2022 The regular meeting of the City Council was held on Monday, November 21, 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 9:49 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, November 7, 2022, FILE; adopted. At this time Chief Breen introduced the new members and recently promoted members of the Fire Department for the City of Marlborough, they are: James J. Cacciapaglia Gus H. Franchi Jesus A. Murillo Captain Michael Peckham Lieutenant Danny Martins That the 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, Order No. 22-1008722, CONTINUED UNTIL DECEMBER 5, 2022, AT 8:00 PM, adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. That the PUBLIC HEARING on the Application for Modification of Special Permit from Brian Martinelli on behalf of Dish Wireless, to install three (3) new antennas on the existing cell tower along with a 5x7 platform, at 860 Boston Post Road East, Order No. 22-1008710, all were heard who wish to be heard, hearing closed at 8:13 PM, adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. That the That the 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, Order No. 22- 1008724, all were heard who wish to be heard, hearing closed at 8:16 PM, adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. IN CITY COUNCIL 2 NOVEMBER 21, 2022 That the PUBLIC HEARING on the Application for Special Permit from Attorney Terrence Morris, on behalf of 272 Lincoln LLC, to build a 12-unit multi-family dwelling with accessory parking to be located at 272 Lincoln Street, Order No. 22-1008709, all were heard who wish to be heard, hearing closed at 9:15 PM, adopted. Councilors Present: Wagner, Doucette, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Councilor Dumais 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 $10,000.00 from the Massachusetts Interlocal Insurance Agency (MIIA) awarded to the Public Facilities to be used to evaluate the HVAC systems in three Fire Stations, the Police Station and the Whitcomb School and to provide the city with an analysis report and recommendations; 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 $42,300.00 from Department of Housing and Community Development (EOHED) and the Massachusetts Development Finance Agency (MassDevelopment) awarded to the Marlborough Economic Development Corporation (MEDC) to be used to secure technical assistance in drafting zoning ordinances, mapping build-out analysis, community outreach, preliminary compliance review assistance, and implementation efforts in compliance with Section 3A MBTA Communities guidelines; 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 $60,205.00 from the Massachusetts Executive Office of Public Safety awarded to the Police Department to be used to support additional traffic safety equipment, and increased enforcement efforts; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $100,000.00 which moves funds from the Undesignated Fund to Unemployment Payment for city and schools to fund mandated unemployment costs, referred to the FINANCE COMMITTEE; adopted. IN CITY COUNCIL 3 NOVEMBER 21, 2022 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $1,154,893.76 which moves funds from Meals Tax Revenue account to fund FY23 bond payments associated with Parks & Recreation improvements, APPROVED; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Richard Tomanek to the Board of Health for a 3-year term to expire on February 5, 2024, referred to the PERSONNEL COMMITTEE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Tax Increment Financing (TIF) Agreement with PI (Physik Instrumente), LP who anticipate moving their operations from Auburn, MA to 130 Lizotte Drive (Map 90, Parcel 2A), referred to the FINANCE COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Application for Sign Special Permit from Wayside Crossing, for an EMC Sign that will serve as the ordering board for Starbucks drive-thru at 661 Boston Post Road East, in proper legal form, Order No. 22-1008724, FILE AND MOVED TO AGENDA ITEM #27; adopted. Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Request for Executive Session to discuss litigation strategy relative to City of Marlborough v. Town of Northborough (Worcester Superior Court No. 1685CV01772), FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Planning Board, re: Favorable Recommendation on the Proposed Zoning Amendment to Chapter 650 “Zoning” §40 “Location and Height of Buildings” relative to Attached Roofs and Entryway/Porches, FILE; adopted. Motion by Councilor Landers, 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 Petition from MA Electric to install a hand hole and run conduit from Pole #14 to hand hole at 157 Cook Lane, referred to the PUBLIC SERVICES COMMITTEE; adopted. IN CITY COUNCIL 4 NOVEMBER 21, 2022 Motion by Councilor Landers, 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 Petition from MA Electric to install a Pushbrace off Pole #18 on Mechanic Street which is needed to support pole with wires going down Manning Street, referred to the PUBLIC SERVICES COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from William Camuso on behalf of Camuso Enterprises, LLC, re: Request pursuant to Chapter 342 “Gasoline Stations and Car Washes” for permission to continue operation at the hours granted at 431 Lincoln Street, referred to the URBAN AFFAIRS COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY DECEMBER 19, 2022, as the DATE FOR PUBLIC HEARING, on the Application for a Special Permit from Attorney Brian Falk, on behalf of Octo48, LLC d/b/a Action Precision Machining to convert a preexisting nonconforming warehouse use to a machine shop at 269 Mechanic Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; 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, October 25, 2022. b) Conservation Commission, October 6, 2022 & October 20, 2022. c) Historical Commission, July 22, 2022. d) Planning Board, October 3, 2022 & October 17, 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) Christina Dones,115 Broadmeadow Street, #5, pothole or other road defect. b) Dillon Handy, 31 Roosevelt Street, pothole or other road defect. c) John Kelly, 37 Chilton Hill Drive North, Worcester, MA, pothole or other road defect. d) Marilyn Miller, 7 Tyler Road, #3208, Berlin, MA, pothole or other road defect. e) Loi Tran, 14 Tremont Street, Oxford, MA, pothole or other road defect. IN CITY COUNCIL 5 NOVEMBER 21, 2022 Reports of Committees: Councilor Dumais reported the following out of the Personnel Committee: City Council Personnel Committee Monday, November 14, 2022 Minutes and Report This meeting convened at 6:00 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 Present: Chair Dumais, Councilors Navin and Doucette. Non-Voting members Present: Councilors Ossing, Wagner, Perlman, Irish, and Robey. Councilor Oram (arrived at 6:12 PM). Councilors Landers and Brown were absent. Order No. 22-1008663A: Reappointment of Cheryl Soucy to the Disabilities Commission for a 3-year term to expire October 21, 2024. On a motion by Councilor Navin, seconded by Chair Dumais, the committee voted to recommend approval of the reappointment of Cheryl Soucy to the Disabilities Commission for a 3-year term to expire October 21, 2024. Vote 3-0 Order No. 22-1008664B: Appointment of Adrian Gilbert to the Historical Commission for a term expiring three years from City Council confirmation. On a motion by Councilor Doucette, seconded by Chair Dumais, the committee voted to recommend approval of the appointment of Adrian Gilbert to the Historical Commission for term expiring three years from the date of City Council confirmation. Vote 3-0 Order No. 22-1008690: Appointment of N. Paul Tonthat to the Community Development Authority (CDA) for a three-year term to expire on March 25, 2025, to fill the position vacated by Josh Daigle who moved to the state appointed seat; and the REAPPOINTMENTS of Rene Perdicaro for a term to expire on March 9, 2024, and Paul Sliney for a term to expire on March 9, 2025. On a motion by Councilor Doucette, seconded by Chair Dumais, the committee voted to recommend approval of the appointment of N. Paul Tonthat to the CDA for a three-year term to expire on March 25, 2025, and to reappoint Paul Sliney for a term to expire March 9, 2025. Vote 3-0 Rene Perdicaro was unable to attend; the reappointment remains in committee. Motion made and seconded to adjourn; meeting adjourned at 6:13 PM. IN CITY COUNCIL 6 NOVEMBER 21, 2022 Reports of Committee Continued: Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee Monday, November 14, 2022 Minutes and Report This meeting convened at 7:00 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 Present: Chair Irish, Councilors Dumais, Perlman, and Oram (Councilor Brown was absent). Non-Voting Members Present: Councilors Navin, Wagner, Ossing, Landers, Robey and Doucette. Others Present: Mayor Vigeant and Finance Director Jones were present to address the following Order. Order No. 22-1008701: Communication from Mayor Vigeant with Proposed amendment to City Code, Chapter 125, ‘Personnel’ §6. Salary Schedule and Proposed Job Description pursuant to Chapter 125 ‘Personnel’ §5 Preparation of Classification Descriptions to create a new position entitled Treasury/Payroll Manager within the Finance Department. Chair Irish read the order into the record. Director Jones and the Mayor explained the administration’s reasons for the new managerial position in the Finance Department to provide payroll services. On a motion by Councilor Oram, seconded by Chair Irish, the committee voted to recommend approval of the Salary Schedule and Job Description for the new position, Treasury/Payroll Manager, as requested by the Mayor. Vote 4 in favor; 1 absent (Brown). Motion made and seconded to adjourn; meeting adjourned at 7:32 PM. Councilor Landers reported the following out of the Public Services Committee: City Council Public Services Committee Monday, November 14, 2022 Minutes and Report This meeting convened at 6:15 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 Present: Chair Landers and Councilor Irish; Councilor Brown was absent. Other Councilors Present: Councilors Navin, Robey, Oram, Perlman, Dumais, Doucette, Wagner and Ossing. Order No. 22-1008695: Petition of Verizon Wireless for the installation of a small cell wireless facility to be located on Pole #34 within the layout of the public way near 385 Farm Road. -REFERRED TO PUBLIC SERVICES; PUBLIC HEARING ON OCTOBER17, 2022 IN CITY COUNCIL 7 NOVEMBER 21, 2022 Reports of Committee Continued: Liz Glidden and the Verizon team addressed the petition for a small cell wireless facility on Pole #34 near 385 Farm Road, stating the site will resolve coverage gaps in the neighborhood. She presented an outline of a report provided to councilors addressing other poles in the area as evidence why pole #34 was chosen and is best to fill the gaps in coverage. The team submitted the small cell site is well below the RF emissions allowed under regulations established by the FCC and explained the FCC category of small cell is under 50 feet high. There were no questions or concerns regarding the draft decision submitted by Liz Glidden. On a motion by Councilor Irish, seconded by Chair Landers, the committee recommended approval of the Petition of Verizon Wireless for the installation of a small cell wireless facility to be located on Pole #34 within the layout of the public way near 385 Farm Road, together with the conditions submitted by the City Engineer, incorporated into the draft decision from the Asst. City Solicitor. Vote 2 in favor; 1 absent (Brown). On a motion by Irish, seconded by the Chair, all in favor, the meeting adjourned at 6:52 PM. Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee Monday, November 14, 2022 Minutes and Report This meeting convened at 6:55 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). Urban Affairs & Housing Committee voting members present were Chairman Katie Robey, Councilor Doucette, Councilor Landers, Councilor Navin, and Councilor Wagner. Other Councilors present were Dumais, Irish, Perlman, Oram, and Ossing. Order No. 22-1008679-Petition for Zoning amendment, Chapter 650 §40, Location and Height of Buildings, relative to Attached Roofs and entryways/Porches in proper form from Solicitor Grossfield on behalf of Councilors Ossing and Navin. The City Council held its Public Hearing on October 3, 2022. The chair read the letter from Planning Board Chairperson Fenby stating they held a Public Hearing on November 7, 2022, and voted 5-0 to send a favorable recommendation without further guidance on the proposed Council order. Councilor Ossing gave a brief overview of the history behind the order and Councilor Navin spoke on the merits of the order. Councilor Navin moved to approve, Councilor Doucette seconded the motion and it carried 5-0. The chair stated the order was in proper form & no amendments were offered so a Suspension would be asked for at the November 21 Council meeting to vote on this ordinance. Councilor Doucette moved to adjourn; it was seconded and carried 5-0. The meeting was adjourned at 7:04 PM. IN CITY COUNCIL 8 NOVEMBER 21, 2022 Suspension of the Rules requested – granted. 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 the new position of Treasury/Payroll Manager within the Finance Department as submitted by the Mayor, 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 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 Treasury/Payroll $72,500.00 $73,950.00 $75,429.00 $76,937.58 $78,476.33 $80,045.86 $81,646.78 Manager (40 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 Irish, seconded by the Chair to adopt the following: ORDERED: That the City Clerk is directed to advertise the Tax Classification Public Hearing scheduled for Monday, December 5, 2022, APPROVED; adopted. Suspension of the Rules requested – granted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition of Verizon Wireless for the installation of a small cell wireless facility to be located on Pole #34 within the layout of the public way near 385 Farm Road, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE DECEMBER 5, 2022, COUNCIL MEETING; adopted. IN CITY COUNCIL 9 NOVEMBER 21, 2022 Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: 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 650-40 (Location and Height of Buildings), Subsection F(5) to read as follows (new text shown as underlined): (5) (a) Nothing herein shall prevent the projection of cornices or eaves not exceeding 18 inches in width or of uncovered steps, unroofed porches or windowsills into a required yard or other open space. (b) For single-family and two-family dwellings, in all zoning districts: An attached roof covering an entryway or porch may project into the required yard setback, subject to compliance with all of the following requirements: [1] Attached roof is permitted to project up to sixty (60) inches into the required yard setback; [2] Attached roof shall not exceed forty (40) square feet; [3] Attached roof shall not exceed allowable height per §650-41, Table of Lot Area, Yards and Height of Structures; [4] Entryway or porch may not be enclosed nor living space or balconies erected above, excepting required elements such as railings; [5] Space beneath the porch may not be occupied; and [6] Minimum setback from any street or way for an attached roof authorized under this subsection shall be five (5) feet. II. The effective date of these amendments shall be the date of passage. 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 Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Taxi/Livery License from Nathan Sebuliba d/b/a Indelible Homecare, Inc., to operate a Livery Service with one vehicle, 97 Neil Street, APPROVED; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License by Best Buy Stores, LP #820, 769 Donald J. Lynch Boulevard, APPROVED; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the 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, APPROVED; adopted. IN CITY COUNCIL 10 NOVEMBER 21, 2022 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, POSTPONED UNTIL THE DECEMBER 5, 2022 CITY COUNCIL MEETING; 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 Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL DECISION ON AN ELECTRONIC MESSAGE CENTER SIGN SPECIAL PERMIT ORDER NO. 22-1008724B Application of: Aubuchon Realty Company, Inc. 73 Junction Square Drive Concord, MA 01742 Locus: 661 Boston Post Road East, Marlborough, MA Parcel 27A on Assessors Map 61 DECISION ON A LED SIGN SPECIAL PERMIT ORDER NO. 22-1008724B IN CITY COUNCIL 11 NOVEMBER 21, 2022 The City Council of the City of Marlborough hereby GRANTS the Application for an Electronic Message Center (EMC) Sign Special Permit to Aubuchon Realty Company, Inc. (the “Applicant”) for the property located at 661 Boston Post Road East, 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 coffee shop restaurant at the Site. 4. In accordance with Chapter 526 of the Code of the City of Marlborough (the “Sign Ordinance”), specifically Section 526-13 entitled “Electronic Message Center Signs; Digital Display Signs”, the Applicant seeks an EMC Sign Special Permit to operate an Electronic Message Center (EMC) Sign (the “Sign”) to serve as a menu ordering screen for the coffee shop restaurant at the Site. 5. The Applicant, by and through its counsel, filed with City Clerk of the City of Marlborough an Application for an EMC Sign Special Permit (the “Application”) for the Sign. 6. The Sign would consist of one menu ordering screen 50 inches tall and 38 inches wide, as shown on the sign’s specifications attached as “ATTACHMENT A.” 7. The Sign would be located along the drive-thru lane for the coffee shop restaurant at the Site, as shown on the site plan attached as “ATTACHMENT B.” 8. The City Council held a public hearing on the Application on Monday, November 21, 2022. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on November 21, 2022. 9. The Applicant, through its representatives, presented testimony at the public hearing detailing the proposed Sign. 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 City Council for an application for an EMC sign special permit under the Sign Ordinance. B. The City Council finds that the proposed Sign complies with the standards set forth in Section 526.13.B of the Sign Ordinance. IN CITY COUNCIL 12 NOVEMBER 21, 2022 C. The City Council, pursuant to Section 526-13.B(16) of the Sign Ordinance, finds that: (a) all other signage on the Site is in compliance with zoning requirements, (b) in addition to other signs at the Site, the Sign does not create unnecessary visual clutter or constitute signage overload for the lot or surrounding neighborhood or street, (c) the Sign does not substantially block visibility of signs on abutting lots, (d) the Sign does not substantially block solar access of, or view from, windows of residential dwellings on abutting lots, (e) the proposed illumination is appropriate to the Site and is appropriately located with respect to the character of the surrounding neighborhood, (f) the scale and/or location of the Sign is appropriate, and (g) the dimensions of the Sign comply with the area limitations of the Sign Ordinance. D. The City Council, pursuant to its authority under Section 526-13 of the Sign Ordinance, hereby GRANTS the applicant an EMC Sign Special Permit for the Sign, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. The Sign shall be operated in accordance with the Sign Ordinance. 2. The Sign shall be turned off when the coffee shop restaurant is not open for business. 3. All plans and/or other documentation provided by the Applicant as part of the Application, and as amended during the Application and hearing process before the City Council are incorporated into and become part of this EMC Sign Special Permit, and become conditions and requirements of the same, unless otherwise altered by the City Council. 4. The Applicant shall take measures necessary to ensure compliance with the City of Marlborough Noise Ordinance (Chapter 431 of the City Code) at the Site. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. 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 the Master Sign Plan for the Wayside Crossing Plaza at 661 Boston Post Road East, APPROVED; adopted. 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 9:49 PM; adopted.