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 24, 2023 The regular meeting of the City Council was held on Monday, July 24, 2023, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Perlman & Robey. Absent: Wagner. Meeting adjourned at 9:50 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, June 26, 2023, FILE; adopted. That the PUBLIC HEARING on the Petition from Lightpath, to install underground cable in conduit and other equipment within the public way on Cedar Hill Street near D’Angelo Drive, Order No. 23-1008925, all were heard who wish to be heard, hearing closed at 8:08 PM, adopted. Councilors Present: Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Councilors Absent: Wagner. That the PUBLIC HEARING on the Application for Special Permit from Rick Marino, Trustee on behalf of Marco Realty Trust, to expand a pre-existing nonconforming use pursuant to City Code Chapter 650 “Zoning” §12(B) at 13-15 Mechanic Street, Order No. 23-1008926, all were heard who wish to be heard, hearing closed at 9:08 PM, adopted. a) Communication from Robert Cucchi, 107 Westminster Drive in support of the project. b) Communication from RMA Management, 40 Mechanic Street in opposition of the project. Councilors Present: Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Councilors Absent: Wagner. President Ossing called a recess at 9:10 PM and returned to open meeting at 9:12 PM. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from Councilors Ossing & Wagner, re: Municipal Aggregation – June 2023 Update, FILE; adopted. IN CITY COUNCIL 2 JULY 24, 2023 Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Certification from Ward 4 Councilor Teona Brown as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Application for a Wireless Special Permit from Kristen LeDuc on behalf of Dish Wireless to install three (3) Wireless Antennas and related equipment on the rooftop at 2 Mount Royal Avenue, Order No. 23-1008913, FILE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Certification from Ward 4 Councilor Teona Brown as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Application for Modification of Special Permit from Ralph Aronov on behalf of Green Gold Group, Inc., to amend the hours of operation, type of use, and to allow for internally illuminated signage at the adult use marijuana retail establishment located at 910 Boston Post Road East within the Wayside District, Order No. 20/23-1008062 (X 21-1008326 & 21-1008371), FILE; 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 from Undesignated Stabilization to a new Homeless/Immigrant Population Account for emergency related expenditures along with the proposed resolution, referred to FINANCE COMMITTEE; 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 $199,964.00 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. IN CITY COUNCIL 3 JULY 24, 2023 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 $37,864.18 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 $36,187.36 from the Executive Office of Public Safety & Security, State 911 Department, awarded to the Police Department to be used to offset personnel training costs in the Public Safety Dispatching Center; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the sum of $4,925,000.00 (four million nine hundred twenty-five thousand dollars) be and is hereby appropriated for emergency communication systems and public safety equipment. That to meet said appropriations, the Finance Director/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $4,925,000.00 under and pursuant to the provisions of Chapter 44, Section 7(1) of the Massachusetts General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City of Marlborough (the “City”) therefor; that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the Massachusetts General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Referred to the FINANCE COMMITTEE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Streets Acceptance information, referred to PUBLIC SERVICES COMMITTEE and the PLANNING BOARD; adopted. Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That the Proposed Acceptance of Deed -In-Liew of Foreclosure concerning parcels of land located off Mosher Lane identified as Map 10, Parcel 41, Map 10, Parcel 82, Map 11, Parcels 3 & 40, referred to the LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; adopted. 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” and a Proposed Job Description pursuant to Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” to create a new position of Special Traffic Constable within the Police Department, referred to the FINANCE COMMITTEE & ADVERTISE; adopted. IN CITY COUNCIL 4 JULY 24, 2023 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendments to the City Code, Chapter 125 “Personnel”, §6 “Salary Schedule” and Proposed Job Descriptions pursuant to Chapter 125, “Personnel”, §5 “Preparation of Classification Descriptions relative to positions for the Public Library, Assessors Office, and Public Facilities, 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: Petition from Andrew Delli Carpini on behalf of Colbea Enterprises, LLC, for hours of operation of a gas station (Shell Station) at 342 Boston Post Road East pursuant to Chapter 342 of the Code, in proper legal form, Order No. 23-1008870, MOVED TO REPORTS OF COMMITTEE & FILE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Application for a Wireless Special Permit from Kristen LeDuc on behalf of Dish Wireless to install three (3) Wireless Antennas and related equipment on the rooftop at 2 Mount Royal Avenue, in proper legal form, Order No. 23-1008913, MOVED TO REPORTS OF COMMITTEE & FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Sem Aykanian on behalf of SUCIU LLC d/b/a Exela Storage, re: Request to Extend Time Limitations until 10:00 PM on December 31, 2023, on the Application for a Special Permit to add additional storage units to a nonconforming storage facility located at 846 Boston Post Road East within the Wayside District, APPROVED; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY AUGUST 21, 2023, as the DATE FOR PUBLIC HEARING, on the Application for Special Permit from George Voyiatzis, to convert an existing structure into a multi-family residential building consisting of 17 units in the Neighborhood Business District at 358 Lincoln Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY AUGUST 21, 2023, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install two new joint owned Poles (Pole 22-25 & 22-26) on Forest Street approximately 1500’ east of the centerline of the intersection of Forest Street and Sandini Road to serve a new building at 201 Forest Street, referred to the PUBLIC SERVICES COMMITTEE; adopted. IN CITY COUNCIL 5 JULY 24, 2023 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Gemma Cashman on behalf of Trammell Crow Company, re: Proposed Amendment to City Code, Chapter 650 “Zoning” by adding a new section to create the “Sasseville Way Residential Overlay District”, referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, SEPTEMBER 11, 2023; adopted. THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING RECEIVED FOR ITS CONSIDERATION CHANGES IN THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, TO FURTHER AMEND CHAPTER 650, NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING AND ADDING THERETO AS FOLLOWS: 1. Article VI, entitled “Special Districts, Overlays and Special Requirements” is hereby amended to add a new Section 650-39A, or such other numbering as deemed appropriate and adopted by the City of Marlborough, entitled “Sasseville Way Residential Overlay District” which shall read as follows: A. Purpose and objectives. (1) The purpose of the Sasseville Way Residential Overlay District (herein, also SWR Overlay District) shall be to encourage and enhance land development and desired growth patterns for the advancement of the public health, safety and welfare by providing for the development of mixed use multi-family housing developments on sites which are otherwise zoned for other purposes but which, because of the size of the parcel being developed and its proximity to other residential neighborhoods and/or residential amenities, will provide an appropriate environment for a mixed use multi-family housing development consistent with the stated economic development objectives of the City. (2) For purposes of this zoning district, a mixed-use development shall include a mix of multi-family residential uses and any eligible use set forth in Subsection D, which may be commingled into a single structure or multiple structures with other eligible uses on the same property. Accordingly, mixed-use developments shall benefit the public health, safety and welfare, through the sharing of parking lots and driveway curb cuts, to minimize the amount of impervious paved parking area and driveway curb cuts, reduce automobile trips and traffic congestion, improve walkability within the property, and thereby improve air quality. (3) For purposes of this section, the SWR Overlay District shall be superimposed on the other districts existing at the time that any land in said underlying district is also included in the SWR Overlay District. The SWR Overlay District is located adjacent to Sasseville Way as indicated on the City Zoning Map. B. Authority of permit granting authority. (1) The City Council shall be the permit granting authority for special permit and site plan approval in the SWR Overlay District. In all instances, a development which proceeds under the SWR Overlay District is subject to site plan approval in accordance with § 270-2 of the Marlborough City Code, with the exception that the City Council shall be the permit granting authority for special permit and site plan approval in the SWR Overlay District and the voting threshold shall be a simple majority. IN CITY COUNCIL 6 JULY 24, 2023 (2) The City Council may elect to waive or modify any of the dimensional and parking requirements set forth in this section during Site Plan Review if, it makes a finding that to do so will enhance the overall design of the SWR Overlay District. This authority continues subsequent to occupancy of any structure within the SWR Overlay District. C. Exclusivity/control. This section (§ 650-39A) of the Zoning Ordinance exclusively controls any mixed-use development in the SWR Overlay District and supersedes any other provision of the Zoning Ordinance with respect to all matters described in this section. In the event of any conflict between the provisions of this section (§ 650- 39A et seq.) and any other provision of the Zoning Ordinance, the provisions of this section shall govern and control. D. Eligible uses. Except as specifically set forth to the contrary below, all uses permitted in the Residential A-2 and Limited Industrial Districts, either as of right or by special permit in accordance with § 650-17 of the Zoning Ordinance, are permitted to the same extent in the SWR Overlay District. (1) The following uses are permitted by right in the SWR Overlay District: (a) Multifamily dwelling, up to 300 dwelling units. (b) Car parking lots, garages accessory to any principal uses at the property: a structure or a group of structures that facilitate the parking of vehicles at ground level, above or below grade and shall include area for the parking of vehicles at, above and/or below grade under a building or otherwise integrated into another structure. (c) Consumer service establishments complementary to the other principal uses at the property, provided that said facilities are less than 10,000 square feet of floor area. (d) Restaurant, restaurants serving food outdoors, cafe with or without table service (including outside seating and service), brew pub provided that said facilities are less than 10,000 square feet of floor area. (e) Health, sports and fitness clubs (indoor and/or outdoor) and related facilities accessory to a multifamily dwelling use, provided that said facilities if enclosed in a building(s) are less than 10,000 square feet of floor area. For the avoidance of doubt, any outdoor areas shall not be subject to said floor area restriction. (2) The following uses are permitted by special permit in the SWR Overlay District: (a) Consumer service establishments complementary to the other principal uses at the property and said facilities are 10,000 square feet of floor area or greater. (b) Restaurant, restaurants serving food outdoors, cafe with or without table service (including outside seating and service), brew pub and said facilities if enclosed in a building(s) are 10,000 square feet of floor area or greater. (c) Health, sports and fitness clubs (indoor and/or outdoor) and related facilities accessory to a multifamily dwelling use and said facilities if enclosed in a building(s) are 10,000 square feet of floor area or greater. For the avoidance of doubt, any outdoor areas shall not be subject to said floor area restriction. IN CITY COUNCIL 7 JULY 24, 2023 (d) Accessory solar energy installations, including but not limited to rooftop systems and solar parking canopies, and accessory telecommunications facilities and wireless communications facilities. E. Affordable Housing. All site plan review approvals granted to applicants to construct multi-family dwellings shall be subject to the provisions of § 650-26 of the Zoning Ordinance; provided, however, the percentage of dwelling units to be constructed for homeownership or rental purposes to be made available at affordable prices to home buyers or renters shall be 10% with respect to developments of 20 or more units. F. Dimensional requirements. The SWR Overlay District shall be subject to the dimensional standards in accordance with Article VII of the Zoning Ordinance with the following exceptions: (1) The SWR Overlay District shall consist of one or more lots. The minimum acreage requirement for contiguous parcels/lots to be developed as a SWR Overlay District is twenty (20) acres. (2) Minimum lot frontage measurement shall be no less than 200 feet for any lot wholly located within the boundaries of the SWR Overlay District. (3) Minimum side yard measurement shall be no less than 50 feet and minimum front yard measurement shall be no less than 50 feet for any lot wholly located within boundaries of a SWR Overlay District. (4) Maximum building height in SWR Overlay District shall not exceed 70 feet, provided that: (a) For the purposes of measuring height in SWR Overlay District, the “front” of each building shall be measured on the side facing Sasseville Way; (b) No non-residential structure or building shall be more than 2 stories or 45 feet in height: and (c) For the avoidance of doubt, roof structures that are not occupiable shall not be included in the overall height measurement. (5) Maximum combined lot coverage, including any permitted accessory structures, shall not exceed 50% of the tract or contiguous parcels. (6) The total number of dwelling units within the SWR Overlay District shall be limited to 15 units per acre of gross land area. (7) The SWR Overlay District may contain studio, one (1), two (2) and three (3) bedroom units. G. Parking and curb cut requirements. Except as otherwise provided in this section, parking and circulation requirements shall conform to the provisions of §§ 650-48 and 650- 49 of the Zoning Ordinance. IN CITY COUNCIL 8 JULY 24, 2023 (1) General. In the SWR Overlay District, adequate off-street parking shall be provided. The City Council and the applicant shall have as a goal, for the purposes of defining adequate off-street parking, making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. In implementing this goal, the City Council shall consider complementary or shared use of parking areas by activities having different peak demand times, and the applicant shall locate adjacent uses in such a manner as will facilitate the complementary use of such parking areas. Implementation of such complementary use of parking areas may result in permitted reductions in the parking requirements. (2) Parking locations. Parking may be provided at ground level, underground or in a parking garage. Parking garages can be freestanding or as part of buildings dedicated to other permitted uses. (3) Parking spaces for each dwelling unit. There shall be a minimum parking ratio of 1.5 parking spaces for each dwelling unit. (4) Granting of relief from parking regulations. The City Council may waive any of the foregoing requirements or the requirements of § 650-48 during Site Plan Review if it makes a finding that to do so will enhance the overall design of the SWR Overlay District. H. Landscaping and screening requirements. The SWR Overlay District shall be subject to the landscaping and screening standards in accordance with Article VII of the Zoning Ordinance with the following exceptions: (1) In the SWR Overlay District, there shall be provided with each multifamily building a landscaped area equal to the greatest single floor area of the building, provided that such landscaped area may include undisturbed natural areas such as vegetated areas, woodlands, wetlands and floodpain areas. (2) The City Council may waive any of the requirements of § 650-47 during Site Plan Review during Site Plan Review if it makes a finding that to do so will enhance the overall design of the SWR Overlay District. I. Signage. (1) Except as otherwise provided in this section, signage shall conform to the provisions of Chapter 526 of the Marlborough City Code, the Sign Ordinance. (2) The City Council may waive any of the requirements of the Sign Ordinance during Site Plan Review if it makes a finding that to do so will enhance the overall design of the SWR Overlay District. J. Application. (1) An application for a special permit for a use in the SWR Overlay District shall comply with the requirements of § 650-57 et seq. of the Zoning Ordinance. In the matter of a site plan approval, the application shall comply with the requirements of the City Code, Chapter 270, Article II, Permits and Approvals, § 270-2 et seq. IN CITY COUNCIL 9 JULY 24, 2023 (2) The City Council in connection with a special permit and/or site plan application shall review such applications with respect to the following design criteria: (a) Compliance of sidewalks with Americans with Disabilities Act (ADA) design standards; (b) Street facade and exterior walls visible from public ways; (c) Public space; (d) Scale of buildings; and (e) External lighting. (3) Concurrent with any public hearing/meeting associated with a special permit and/or site plan filing, the applicant shall make a presentation to the City Council to present the proposed architectural design and shall consider the comments and input from the City Council. A final building elevation shall be submitted prior to the close of the public hearing/meeting. K. Amendments. After approval, an owner/developer may seek amendments to the approved permits. Minor amendments to a special permit and major or minor amendments to a site plan approval may be made by a majority vote of the City Council. It shall be a finding of the City Council, not subject to dispute by the applicant, whether a requested amendment is deemed to be a major amendment or a minor one. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce more than a material increase in impact on City services, the environment or the neighborhood. If it is determined that revisions to a special permit are not minor, per § 650- 59 of the Zoning Ordinance, an application for a revised special permit shall be filed, and a public hearing shall be held in the same manner as required for a new application, subject to the fee schedule under Subsection C(3)(f) of § 650-59. 2. The Zoning Map described in § 650-8 is amended as shown on the accompanying Map (Exhibit “A”). The newly established “Sasseville Way Residential Overlay District” shall include all or portions of the properties shown on the Map existing at the passage of this Ordinance, which properties include the following parcel of land (herein identified by the Assessors’ Map and Parcel Number): 29-23. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from MA Department of Public Utilities, re: Petition of MA Electric and Nantucket Electric d/b/a National Grid for Approval of a mid-term modification to its 2022-2024 Three-Year Energy Efficiency Plan, 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 13, 2023. b) Board of Assessors, July 1, 2022 & November 4, 2022. c) Conservation Commission, June 1, 2023 & June 15, 2023. d) Historical Commission, April 27, 2023 & May 18, 2023. e) Planning Board, May 22, 2023. f) Traffic Commission, April 26, 2023. IN CITY COUNCIL 10 JULY 24, 2023 Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Jessica Culkin, 9 Johansen Drive, other property damage and/or personal injury. b) Robert Gilliam, 18 Sandini Road, other property damage and/or personal injury. c) Peter Johnson, 29 Morrissey Road, pothole or other road defect. d) Stephanie & Brian Ramirez, 15 Greenwood Street, other property damage and/or personal injury. Reports of Committees: Councilor Landers reported the following out of the Public Services Committee: City Council Public Services Committee July 17, 2023 Minutes and Report This meeting convened at 6:45 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). Committee members present: Chair Landers, Councilor Irish and Councilor Brown. Other Councilors present: Councilors Ossing, Robey and Dumais. Others Present: Tim Ending of Platinum Care Plus and Dan Gagne of Dish Wireless. Order No.23-1008842: Application for Renewal of Junk Dealer License, Best Buy Stores, LP #840, d/b/a Best Buy, 769 Donald Lynch Boulevard. This renewal is postponed in committee as applicant was not present. Order No.23-1008924: Application for Taxi/Livery License from Tim Ending, d/b/a Platinum Care Plus to operate a Livery service with one vehicle from 67 Forest Street, #267. The application for a Taxi/Livery license for Platinum Care Plus was reviewed by the committee. The Chair noted the CORI check was completed with no issues. On a motion by Councilor Irish, seconded by the Chair, the Platinum Care Plus taxi/livery license was approved. Vote 3-0. Order 23-1008913: Application for Special Permit by Kristen LeDuc on behalf of Dish Wireless to install three (3) wireless antennas and related equipment on the rooftop at 2 Mt. Royal Avenue. The Committee reviewed the special permit application for the installation of 3 wireless antennas and related equipment at 2 Mt. Royal Avenue. Councilor Brown informed the committee that she reviewed the information related to the order and completed the required documentation to participate. The Chair reviewed the conditions in the special permit. Motion by Councilor Irish, seconded by Councilor Brown, to approve the special permit. Vote 3-0. The Committee agreed to have the Solicitor place the special permit in proper format for the July 24, 2023, City Council meeting and ask for a suspension of the rules to approve. IN CITY COUNCIL 11 JULY 24, 2023 Reports of Committee Continued: Meeting adjourned at 7:00 PM. Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee Monday, July 10, 2023 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). Urban Affairs & Housing Committee members present: Chairman Katie Robey, Councilor Doucette, Councilor Landers, Councilor Navin, and Councilor Wagner. Other Councilors present: Councilors Brown, Dumais, Irish, and Ossing. Councilor Oram (arrived at 7:10 PM.). Councilor Perlman was absent. Present for the Shell Station application was Attorney James Hall. Present for discussion of amending Chapter 650 was City Solicitor Jason Grossfield. Order No. 23-1008870: Petition of Delli Carpini on behalf of Colbea Enterprises LLC, to operate a gas station/convenience store (Shell Station) at 342 Boston Post Road East on a 24- hour basis pursuant to Chapter 342 of the Code of the City of Marlborough. The applicant reminded the committee that the standard is whether or not the proposal tends to provide a convenience without a degradation to the community. He also discussed the increase in customers at this location. The chair reviewed the fact that we had given another gas station requesting 24-hour operation but had given them permission to operate 5 AM to 11 PM daily for a period of one year with renewal for up to 5 years. Committee members did not support 24-hour operation but was supportive of approving 5 AM to 11 PM operating hours. Councilor Doucette moved to approve allowing the gas station to operate 5 AM to 11 PM for one year. The chair read through the conditions of Order 22-1008740, Shell Station at 431 Lincoln St. Attorney Hall had no issues with any of them. Councilor Doucette amended the motion to include the conditions in this order, the motion was seconded and carried 5-0. The chair will ask that this be on the July 24th agenda in proper form and will ask for suspension to approve at that meeting. Order No. 23-1008721F: Proposed Ordinance amendments to Chapter 650 “Zoning” relative to certain provisions concerning mixed use and affordable housing. The chair reminded the committee this was continued discussion from our June 14th meeting. Everyone had received a 6-page document along with an additional 2 page document from the chair and a 2 page document from Councilor Ossing. IN CITY COUNCIL 12 JULY 24, 2023 Reports of Committee Continued: The chair began reviewing the document amending many sections of Chapter 650. 1. adding a new definition for Area Median Income (AMI) with concern on how the information was found. It was agreed that the definition be changed to state whatever statistical area Marlborough was in rather than listing Boston-Cambridge-Quincy, MA- NH Metropolitan statistical Area. 2. Amending definition of Mixed-Use. After a lengthy discussion, it was agreed to strike the new language of #3- “During the site plan/special permit process, the city council will consider the ratio to business use to ensure it fits the site” and leave the remaining amendments in place. 3. Amending the Table of Use Regulation, 650-17. Councilor Doucette moved to change both hotels to N in MV, it was not seconded and it was agreed to change in the MV column, both hotels from Y to SP and to change Mixed-Use Developments (42) from Y to SP. There would be further developments to MV to specify that hotels would be by special permit. 4. After much discussion it was agreed that the amendment to strike the last sentence of Chapter 650-18 Conditions for uses-Multifamily dwelling was in error and this would remove this section from the next version of the amendments. 5. Next was discussion of Chapter 650-26 Affordable Housing. It was agreed to strike the definition proposed and insert “To ensure future housing projects have an affordable component to ensure the city stays above the state’s minimum required inventory of affordable housing.” 6. Because we have made mixed-use in MV by special permit, it was agreed to amend part A to read, “All special permits approved for multifamily dwellings as part of a mixed use development, and all special permits granted…” The solicitor did suggest that language from the original order be included but upon review, the chair believes it is included in 1a. 7. When the original order that was vetoed by the mayor was discussed by committee, it was agreed to amend the number that would be impacted by affordable housing would change from 20 to 8, and it was agreed to strike the ability to buy-out building affordable housing. After discussion at this meeting, it was agreed to amend the proposed language of 1a and strike 1b completely (language that split the 12% into categories for different AMI’s) and use the following language: The 12% of the dwelling units constructed for homeownership or rent shall be available to households at no more than eighty percent (80%) of AMI. It was agreed a new c would be added that income shall be verified annually. Local preference was kept at 70% and period of affordability would be in perpetuity. The language regarding alternate site was deleted. Language was added that “no final certificate of occupancy shall be issued for any unit within a development until all actions necessary to preserve the affordable units are met. No change would be made to special permit for retirement communities. It was agreed to strike “The provisions of this section shall not apply to projects which are granted special permits within the Marlborough Village District.” and to add new language regarding a proviso for projects which have a special permit or site plan submitted/approved before the date these amendments were submitted to the City Council. IN CITY COUNCIL 13 JULY 24, 2023 Reports of Committee Continued: 8. It was agreed to strike the proposed adding in new language regarding site plan review. 9. It was agreed to go back to “The guidelines “will” complement the design standards…” The solicitor brought up concern that if guidelines are mandatory that they might need to be reviewed or anything specific we want should be added into the ordinance. It was agreed to add “special permit” to applications for projects in MV that are subject to design standards. is applied Councilors were asked to check the guidelines for discussion on Tuesday. It was agreed to stop discussion for the night and continue with parking and heights on Tuesday with councilors bringing their calendars to set up another meeting to finalize amendments. Councilor Wagner moved to adjourn; it was seconded and carried 5-0. The meeting adjourned at 9:04 pm. Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee Tuesday, July 11, 2023 Minutes and Report This meeting convened at 7:30 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 members present: Chairman Katie Robey, Councilor Doucette, Councilor Landers, Councilor Navin, and Councilor Wagner. Other Councilors present: Councilors Brown, Dumais, Irish, Oram and Ossing. Councilor Perlman was absent. Those present for each order are specified below. Order No. 23-1008890: Application for Special Permit from Andy Fitz, on behalf of JP Morgan Chase Bank to install a drive-thru ATM for the Chase Bank branch to be located a 189 Boston Post Road West. Present for this applicant was Joshua Kline, Stonefield Engineering. The chair called the meeting to order at 7:30 PM. Committee members had received a draft decision. The chair read through the comments from department heads, most had no concerns but Mr. DiPersio had an amendment to condition 8. She then started review of the draft decision stating she though there were some items in this that did not pertain to this site but would let the solicitor go through it as he checks it over—Condition 2. Is the council the site plan review for this site? Condition 2-Is it city council who would approve engineering changes to the Plans or is it Site Plan Review committee? Condition 5-is Storm Water and Erosion control Management needed for this site? Condition 8-Amend language to strike the direction of west and insert east. Add a new sentence to read-Other, on-site directional signs and pavement markings shall be installed to ensure proper traffic flow, to the satisfaction of the Site Plan Review Committee. Councilor Doucette moved to recommend approval of the decision on a special permit with amendment to condition 8 and solicitor reviewing other conditions, the motion was seconded and carried 5-0. IN CITY COUNCIL 14 JULY 24, 2023 Reports of Committee Continued: The chair will report this out at the July 24th meeting and ask for suspension to refer to solicitor to be placed on our August 21 meeting for vote. Order No. 23-1008889 X20-1007948H: Communication from Attorney Falk with application to amend an Electronic Sign Permit to add non-EMC panels to the existing free-standing sign at 431 Lincoln St. the sign panels, on both faces of the existing sign will advertise food options within the Shell station convenience store. Present for this application were Attorney Falk and station owner William Camuso. Councilors were sent a draft decision on the amended LED special permit. If approved the additional sign would be a static sign that was backlit only when the station was open. The chair reviewed the Building Commissioner’s denial to approve a modification stating it needed to come to the city council. The chair stated she felt as the council had approved an LED sign special permit specifically to show gasoline prices that she wasn’t in favor of adding something that was not related to gasoline prices as specified in Section 526-13. Other councilors were supportive of letting a small business owner advertise something they offered was acceptable. Councilor Doucette moved to approve the amended decision on an LED sign special permit with Attachment A showing the current digital display sign and Attachment B showing the image of Karine’s Pizza and Deli; the motion was seconded and approved 4-1 (Robey). The chair stated this would be reported out at the July 24th council meeting with request to suspend rules to refer to solicitor for vote of council on August 21 agenda. Order No. 23-100872F: Proposed Ordinance amendments to Chapter 650 “Zoning” relative to certain provision concerning mixed use and affordable housing. All councilors were given print copies of the Multifamily Development Review Criteria and Design Guidelines as well as Design Review Guidelines for The Marlborough Village District. The chair also read through comments from the solicitor as he wasn’t able to attend this meeting. Discussion resumed on the draft copy. Councilor Doucette brought up issue on page 16 of the Design Review Guidelines for MV where it mentions the predominant material would be red brick. This is quoting from 650.33 D (2) (d) which is part of the code so it would need to be added to our list of amendments. It was agreed to add a new section 650.33 with amendments offered by the city engineer. A discussion began on parking--what parking can be counted with thought it should only be overnight parking. It was agreed to: 1. Amend Section E of Parking requirements for the MV District, (1) General parking requirements (a) Residential projects. [2] “Spaces in city-owned garages…” to public garages and to keep “and lot within 1,000 feet of the development.” 2. Amend (b) Retail, restaurant, and other business uses [1] to add “…unless the use is part of a mixed-use development where off-street parking would be determined during the site plan review process.” We went back and forth on parking in lieu, what the payment should be, what payment is used for, one-time vs yearly payment, how much building a garage costs, and where to put a new garage finally agreeing to: IN CITY COUNCIL 15 JULY 24, 2023 Reports of Committee Continued: 1. amend E.(2) Payment in lieu of parking-any new commercial or mixed use structure that is required to provide parking may “request to” make a payment to the City in lieu of providing for “part” of the on-site required parking. Add in a new sentence to read: “The City Council may allow the developer to buy out up to 20% of their required spaces in the special permit process.” 2. Section (a) would be amended to read “Payment made to the City of Marlborough in lieu of providing “some” of the required…”may” be “granted in the special permit in spaces designated for overnight parking and listed as a condition of the Special Permit.” 3. Amend (b) to have the fee to be paid be “$25,000” per parking space. 4. Strike (3) Additional reduction in parking requirements in its entirety. Another meeting was set for Monday, July 17th to continue discussion on F. Heights of structures and a final review of the changes. Councilor Doucette moved to adjourn; it was seconded and carried 5-0. The meeting adjourned at 9:17 PM. Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee Monday, July 17, 2023 Minutes and Report This meeting convened at 7:30 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 members present: Chairman Katie Robey, Councilor Doucette, Councilor Landers, Councilor Navin, and Councilor Wagner. Other Councilors present: Councilors Brown, Dumais, Irish, Oram and Ossing. Councilor Perlman was absent. City solicitor Jason Grossfield was also present. Order No. 23-100872F: Proposed Ordinance amendments to Chapter 650 “Zoning” relative to certain provision concerning mixed use and affordable housing. All councilors were given clean copies of the draft amendments with changes made during the prior 2 meetings incorporated in the document. They also received comments on the new addition of 650-34 Design standards, (d) External materials and appearance provided by Mr. Larry Reeves, a local architect involved in drafting these regulations. The chair began discussion with a change to Section 650-17 Table of Use regulations to have hotels and hotels with conference facilities have a N in the MV and striking (41) Hotels in 650-18 conditions for uses. IN CITY COUNCIL 16 JULY 24, 2023 Reports of Committee Continued: 1. It was agreed to change both hotels back to SP in MV and keep the definition in 650- 18. 2. It was agreed to amend (42) Mixed-use development in 650- by striking “not” to read “…shall be subject to special permit provisions for multifamily uses…” 3. Councilor Ossing pointed out the word “final” that needed to be added to 650-26 (1)(k) to make it read “No final certificate of occupancy shall be issued…” Discussion was held on suggested changes to (d) external materials and appearance. It was agreed to amend the following: 1. (d) [1] To strike the current language and insert new language to read, “Predominant wall materials for all ground floors shall be brick in traditional New England colors and character and stone. Wood siding may be used where the structures are adjacent to residential districts where the intent is to blend the structure more into the existing neighborhood. Thin brick veneer, precast concrete panel finished to look like brick or stone, masonry brick panels, and Flexbrick can be used on upper floors. Glass Fiber reinforced Concrete (GFRC) panels can be used for a curtain wall (non-load-bearing) exterior wall cladding. If painted, or coated, a nonmetallic finish is to be used. Cladding materials should be consistent on all facades with the exception of special design elements, such as turrets. Materials designed to imitate brick, e.g., faux brick, are not permitted. 2. (d) [2] The standards for all acceptable masonry construction are as follows: [a] Acceptable masonry construction for bricks will be standard, fired clay, brick units bonded together with mortar. Acceptable applications include building components, such as walls, stairs, columns, arches, planter beds, etc. Bricks should be sound, hard, well-burnt with uniform color, shape and size. The bricks should be compact, homogeneous, free from holes, cracks, flaws, air-bubbles, spawls and stone lumps. Frogged bricks shall be laid with the frogs pointing upwards. [b] Mortar specifications shall comply with relative ASTM International standards. [c] The properties of all other masonry units shall comply with the requirements of relevant ASTM International standards. These include concrete masonry, stone masonry and composite masonry. Discussion began on F. Heights of structures. It was agreed to amend as follows: 1. In (1) amend 2nd sentence by striking current language and inserting new language to read, “Minimum height shall be 35 feet or 2.5 stories with a maximum height of 60 feet or 4 stories.” Strike in its entirety, “By grant of a special permit, maximum building height; including building areas within 50 feet of a residential district boundary, may be increased to seven stories and up to 85 feet.” 2. In (2) amend the last sentence by striking “as” and inserting “but” so it reads “The portions of a building designed as a roof deck shall be subject to maximum height restrictions but may be increased by special permit.” 3. The solicitor will amend 650-41 Table of Lot Areas, Yards, and Heights of Structures where there is current information on Marlborough Village District’s height to match the above and will change language of footnote 12 with language specific to roof top decks. 4. Add in a new proviso for MV specifying any project for which only a site plan was required that has an unexpired site plan granted before these amendments are submitted will not be impacted by the changes. IN CITY COUNCIL 17 JULY 24, 2023 Reports of Committee Continued: The chair stated she would like to be able to report out all meetings at the July 24th council meeting and ask for suspension to refer the final draft amendments to the solicitor to be put in proper form for the August 21st council meeting. This document would then be referred to the Planning Board, who would have to advertise/hold a public hearing, and the council would need to set a date for its public hearing and advertise the date which would probably be during the September 18th council meeting. Councilor Doucette preferred to hold another committee meeting to go over the final draft one more time. Because the committee can’t meet before July 24th, it was pointed out that holding another meeting would delay the final draft being reported out and referred to the solicitor until the August 21st meeting and the final document would not be on an agenda until the September 11th meeting delaying referring it to the Planning Board and setting the council’s public hearing. Councilor Navin moved to recommend approval of the draft as amended during the 3 committee meetings, it was seconded and carried 4-1 (Doucette opposed). The chair will send copies of the final draft along with the minutes to all councilors so they can check it and see if changes need to be made. She will report out the 3 meetings at the July 24th council meeting and ask for suspension to refer the final draft to the solicitor. Councilor Wagner moved to adjourn; it was seconded and approved 5-0. The meeting adjourned at 8:43 PM. Suspension of the Rules requested – granted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: DECISION ON A SPECIAL PERMIT DISH WIRELESS, LLC ORDER NO. 23-1008913B The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Dish Wireless LLC (the “Applicant”) to allow for the co-location of a new Wireless Communications Facility (3 antennas and associated equipment) on an existing building, pursuant to the submitted plans, as provided in the DECISION and subject to the Findings of Fact and Conditions therein. FINDINGS OF FACT 1. The Applicant is a duly organized and existing corporation and FCC Licensee having a principal office located at 9601 S. Meridian Boulevard, Englewood, CO 80112 c/o Network Building & Consulting, LLC, 100 Apollo Drive, Chelmsford, MA 01824. 2. The Applicant is a sublessee of a portion of the property located at 2 Mount Royal Avenue (Assessor’s Map 79, Parcel(s) 33) and 0 Lakeside Avenue-A (Assessor’s Map 79, Parcel(s) 33B), Marlborough, Massachusetts (the “Site”). IN CITY COUNCIL 18 JULY 24, 2023 3. On May 24, 2023, the Applicant filed with the City Clerk of the City of Marlborough an application (hereinafter referred to as the “Application”) for a Special Permit under Chapter 650 (Zoning) of the Code of the City of Marlborough (hereinafter referred to as the “Zoning Ordinance”), Section 650-25 entitled Wireless Communications Facilities. 4. In accordance with Article V, Section 650-18(A)(20) and Section 650-25 of the Zoning Ordinance, the Applicant proposes the co-location of a new Wireless Communications Facility (3 antennas and associated equipment) on an existing building) (the “Use”) at the Site, as shown in the plans submitted with the Application and referenced in paragraph 5 below. 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and plans by NB&C Engineering Services, LLC, with the last revision date of November 18, 2022, (collectively the “Plans”), attached hereto as “Attachment A.” 6. Pursuant to the Application, the Applicant is licensed by the FCC to provide personal wireless services in the City of Marlborough and surrounding areas and currently has a problem with significant gaps in coverage and capacity issues with coverage that could be alleviated by installing the Use on the subject location as shown on the Plans. 7. The Site is located in the Business (B) Zoning District which allows a Special Permit to be issued for a Wireless Communication Facility (“WCF”). 8. Pursuant to the Rules and Regulations of the City Council of 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 and the planning boards of all surrounding towns entitled thereto in accordance with applicable regulations and law. 9. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on June 26, 2023. The public hearing was held in the City Council Chamber, at the Marlborough City Hall, 140 Main Street. The public hearing was closed on June 26, 2023. 10. The Applicant presented oral testimony and demonstrative evidence at the public hearing, demonstrating that the Use meets all the applicable Special Permit criteria of Article VI, Section 650-25 and Article VIII, Section 650-59. 11. At the Public Hearing, there were no members of the public speaking in opposition to the Use. 12. The Council, in reviewing the Application, considered the Review Standard and Development Requirements, as enumerated in Article VI, Section 650-25 and Article VII, Section 650-59 of the City of Marlborough Zoning Ordinance, applicable to the Use. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS: A. The Applicant has complied with the Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. IN CITY COUNCIL 19 JULY 24, 2023 B. The City Council finds the proposed Use of the Site is in harmony with the intent and general purpose of the Zoning Ordinance of the City of Marlborough when subject to appropriate terms and conditions as provided in this Decision. 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 proposed Use is consistent with the purposes of Section 650- 25 governing WCFs in the City. D. The proposed WCF and location are consistent with both the applicable review standards in Section 650-25(D) and the development requirements in Section 650-25(E). E. The City Council recognizes the Applicant is a federal licensee afforded certain protection under federal telecommunications law, to the extent provided by law. F. The City Council confirms the Applicant has demonstrated the need to construct the proposed facility to solve certain wireless coverage and capacity issues that currently exist in its network in the vicinity. G. The City Council finds that there are adequate, ample parking spaces on the host parcel. H. The City Council finds the proposed Use, which consists of an unmanned and unoccupied facility, will have no impact on traffic and pedestrian safety in the area. I. The City Council finds the proposed Use will not be contrary to the public health, safety, convenience and welfare and will not be offensive or detrimental. J. The City Council, pursuant to its authority under MGL Chapter 40A and the City of Marlborough Zoning Ordinance GRANTS to the Applicant a Special Permit for construction of the Use, a wireless communications facility on the existing monopole, 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 no occupancy permit shall be issued until the Applicant has complied with all conditions. 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. 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 Public Services 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 20 JULY 24, 2023 4. Compliance with Applicable Laws. The Applicant, its successors and/or assigns agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of the Use. 5. All work performed on the Site shall comply with this Decision. No other building or construction or activity (including but not limited to any other communications device, WCF, tower, etc.) shall occur without further modification of this Special Permit. This condition shall be interpreted consistent with federal law governing WCF’s. 6. No signage or advertising of any sort shall be permitted as part of the Use. 7. The Applicant shall comply with all applicable conditions for WCFs as set forth in Section 650-25(F), each of which shall constitute conditions of this special permit. 8. 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 Office, the Building Department and the City Solicitor’s Office. Yea: 10 – Nay: 0 – Absent: 1 Yea: Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Absent: Wagner. Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the application of Andrew Delli Carpini, CEO on behalf of Colbea Enterprises, LLC (the “Petitioner” or “Holder”) to issue a permit to grant an exemption to the hours of operation under City Code Chapter 342, Article 1, Section 342-2, allowing the Shell Gas Station at 342 Boston Post Road East to be open for business for certain additional hours is hereby approved in part, in accordance with the following findings and subject to the below conditions: A. Findings The City Council hereby finds that the petition may be granted, when limited and conditioned as set forth below, so that the public convenience and welfare may be substantially served without detrimental effect upon the public health, peace or safety. B. Permit Conditions 1. This permit authorizes a partial exemption to the hours of operation set forth in City Code 342-1 which is limited to the following: The service station located at 342 Boston Post Road East, Marlborough may be open for business from 5:00 AM to 11:00 PM daily. The service station is not permitted to be open for business outside of those hours. 2. This permit is effective for a period of one (1) year from the date of approval of this permit. Thereafter, at the discretion of the City Council, it may be renewed for periods of up to five (5) years. IN CITY COUNCIL 21 JULY 24, 2023 3. In regard to both location and holder, the exemption shall be non-transferrable. 4. Petitioner shall install, maintain, and use a video surveillance and video recording system to monitor entry ways and sales attendant positions. 5. Petitioner shall install and maintain a silent robbery/panic alarm system which must be monitored by a central alarm system. Alarm activators must be installed at all sales attendant positions. 6. Petitioner shall permit the Chief of Police or the Chief’s designee to inspect, upon demand, the video surveillance, video monitoring and alarm systems. If any of the systems are found to be not in compliance with these conditions, Petitioner must limit the hours of operation of the station to between 6:00 AM and 11:00 PM until full compliance with conditions is achieved. 7. Petitioner shall not permit or suffer any automotive repair work to be performed on the premises by any person. APPROVED; adopted. Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Special Permit from Andy Fitz, on behalf of JP Morgan Chase Bank to install a drive-thru ATM for the Chase Bank branch to be located a 189 Boston Post Road West, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 21, 2023, COUNCIL MEETING; adopted. Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Modification of a Sign Special Permit from Attorney Brian Falk, on behalf of Lincoln Street 431, LLC, to amend an EMC Sign Permit to add non- EMC panels to the existing free-standing sign at 431 Lincoln Street, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 21, 2023, COUNCIL MEETING; adopted. Suspension of the Rules requested –granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Proposed Zoning Ordinance Amendments to Chapter 650 “Zoning”, to various sections relative to mixed-use, affordable housing, design standards and parking requirements, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 21, 2023, COUNCIL MEETING; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Robert Bourn, III as Plumbing and Gas Inspector for 3-year term from date of City Council confirmation pursuant to City Code Chapter 7, §79, APPROVED; adopted. IN CITY COUNCIL 22 JULY 24, 2023 Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of John Cain as Wiring Inspector for a 3-year term from the date of City Council confirmation pursuant to City Code Chapter 473 §1, APPROVED; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Patrick Hughes to the Planning Board for a 5-year term to expire on February 1, 2028, APPROVED; adopted. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Jonathon Friedman to the Commission on Disabilities for 3-year term from date of City Council confirmation, 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 9:50 PM; adopted.