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, AUGUST 21, 2023 The regular meeting of the City Council was held on Monday, August 21, 2023, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Wagner, Doucette, Dumais, Irish, Navin, Landers, Oram, Perlman & Robey. Absent: Brown. Meeting adjourned at 9:06 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, July 24, 2023, FILE; adopted. That the 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, Order No. 23-1008940, all were heard who wish to be heard, hearing closed at 8:03 PM, adopted. Councilors Present: Wagner, Doucette, Dumais, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Councilors Absent: Brown. That the PUBLIC HEARING on the Application for Special Permit from George Voyiatzis, to convert an existing building into a multi-family residential building consisting of 17 residential units in the Neighborhood Business District at 358 Lincoln Street, Order No. 23-1008939, all were heard who wish to be heard, hearing closed at 8:30 PM, adopted. Councilors Present: Wagner, Doucette, Dumais, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Councilors Absent: Brown. Motion by Councilor Wagner, seconded by the Chair to adopt the following: ORDERED: That the Certification from Ward 1 Councilor Laura Wagner as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding 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, FILE; adopted. IN CITY COUNCIL 2 AUGUST 21, 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 $10,000.00 from the National Council on Aging awarded to Council on Aging to be used to purchase and administer COVID-19 Booster vaccine and/or Influenza vaccine to at least 100 seniors; adopted. Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That the Proposed Acceptance of Easement for a small portion of land at the corner of Hayes Memorial Drive and Boston Post Road West (Route 20) for the “Welcome to Marlborough” sign, referred to the LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; adopted. Motion by Councilor Robey, 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 JW Capital Partners, LLC and Marlborough TOTG LLC v. City of Marlborough (Land Court No. 23 MISC 000199), MOVED TO THE END OF AGENDA & FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” of the Code relative to Definitions, Affordable Housing, and the Marlborough Village District (MV), in proper legal form, Order No. 22/23-1008721G, MOVED TO #20 & FILE; 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 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, in proper legal form, Order No. 23-1008889B (X 20-1007948H), be and is herewith MOVED TO #21 & FILE; 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 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 at 189 Boston Post Road West, in proper legal form, Order No. 23-1008890B, MOVED TO #22 & FILE; 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 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, in proper legal form, Order No. 20/23-1008062G, MOVED TO REPORTS OF COMMITTEE & FILE; adopted. IN CITY COUNCIL 3 AUGUST 21, 2023 Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY SEPTEMBER 11, 2023, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install a new joint owned Pole (Pole 3-5) on High Street approximately 300’ east of the centerline of the intersection of High Street and Bolton Street and to install a new Man Hole (1) and underground conduit from Pole 3-5 to new Man Hole (1) and to existing Transformer 1-2 on Exchange 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 Attorney Brian Falk on behalf of the Red Spring Road Homeowners Association, Inc., re: Proposed Zoning Amendment to Chapter 650 “Zoning” of the Code to add a new section to create the “Red Spring Road Overlay District” (RSR), referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, OCTOBER 2, 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: §650-50 – RED SPRING ROAD OVERLAY DISTRICT Purpose and Objectives. The Red Spring Road Overlay District (“RSR”) allows the application of supplemental land use controls within the boundaries of a certain overlay district as an alternative to land use controls that exist in the underlying districts. The establishment goals of the RSR are to encourage improvements to existing structures and regulate modifications to a unique lakeside residential community. Location of RSR; Underlying Zoning. For the purposes of this Section (§650-50 et. seq.), the RSR is located on the southerly side of Fort Meadow Reservoir along Red Spring Road between Reservoir Street and Cullinane Drive containing approximately 50 acres as indicated on the City Zoning Map and more particularly described in Exhibit “A” annexed hereto and incorporated by reference herein. Except as specifically provided herein, the provisions of the Zoning Ordinance relating to the underlying zoning districts not otherwise impacted by this Section (§650-50 et. seq.) shall continue to remain in full force and effect. In the event of any conflict between the provisions of this Section (§650-50 et. seq.) and any other provision of the Zoning Ordinance, the provisions of this Section (§650-50 et. seq.) shall govern and control. Authority of Permit Granting Authority. The City Council shall be the special permit granting authority in the RSR. At the request of an applicant, the City Council may elect to vary the dimensional, parking, design, and landscaping requirements applicable to a use or structure by special permit upon finding that such change shall result in an improved design and will not nullify or substantially derogate from the intent or purpose of this Section (§650-50 et. seq.). IN CITY COUNCIL 4 AUGUST 21, 2023 Use Regulations. The following uses are permitted as of right in the RSR: • Single-family dwellings. • Up to one (1) boat club. • Uses allowed as of right in the underlying zoning district, as set forth in the Table of Use Regulations. • Accessory buildings and accessory uses. • Uses allowed by special permit in the underlying zoning district may be allowed by special permit in the RSR. • All uses not specified in Subsection D.1 and Subsection D.2 above shall be deemed prohibited in the RSR. Dimensional Regulations. Notwithstanding any provisions of the Zoning Ordinance to the contrary, development in the RSR shall be subject to the following dimensional standards: • Minimum Lot Area: 18,000 square feet. • Minimum Lot Frontage: none. • Minimum Front, Side, and Rear Yards: none (See Section 650-50.E.2). • Maximum Building Height: 2 ½ stories. • Maximum Lot Coverage: 30%, over the entire RSR. • Maximum Gross Floor Area of a Single-Family Dwelling: 3,000 square feet. With the exception of structures erected prior to July 1, 2023, all structures shall be set back a minimum of 15 feet from the RSR district boundary line, excluding the boundary line adjacent to the Fort Meadow Reservoir. Within the RSR, multiple principal and accessory buildings and uses may be located on the same lot under a condominium form of ownership with each principal building located within an exclusive use area of at least 8,000 square feet, and there shall be no yard setbacks or landscaped strips required as to exclusive use areas or minimum distances between structures, provided that any building permit application for a new structure or expansion of an existing structure shall be accompanied by evidence that such work is authorized by the governing condominium organization. Parking Requirements. Parking for single-family dwellings and boat clubs shall be provided as feasible. Parking for other uses within the RSR shall conform with the provisions of §650-48.A of the Zoning Ordinance. Driveways and Roadways. Driveways and roadways located within the RSR shall be maintained to provide safe access and egress for vehicular and pedestrian traffic and emergency services but shall not be subject to the design standards set forth in §650-49 of the Zoning Ordinance or subdivision standards. EXHIBIT A The Red Spring Road Overlay District shall include the following parcels of land (herein identified by the Assessors’ Map and Parcel Number): • Assessors Map 30, Parcel 10 IN CITY COUNCIL 5 AUGUST 21, 2023 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY SEPTEMBER 18, 2023, as the DATE FOR PUBLIC HEARING, on the Application for Special Permit from Attorney Brian Falk on behalf of Post Road Realty, LLC to construct a mixed-use, multi-family residential and commercial (retail/restaurant/other commercial use) project in the Executive Residential Overlay District (EROD) which will consist of 475 residential units at the corner of Simarano Drive and Cedar Hill Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from Central MA Mosquito Control Project, re: Personnel will be in the community responding to residents’ concerns about mosquitos on various dates in August 2023, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communications from residents, re: Support of 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, 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) Commission on Disabilities, March 6, 2023. b) Conservation Commission, July 20, 2023. c) Cultural Council, May 17, 2023. d) Planning Board, June 5, 2023. e) Traffic Commission, May 31, 2023. f) Zoning Board of Appeals, May 2, 2023, May 23, 2023 & June 20, 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) Christopher Castillo, 22 Maple Street, pothole or other road defect. b) Alessandro De Oliveira, 40 Harvard Street, #2, pothole or other road defect. c) Maryanne DeProspo, 16 McIntyre Court, pothole or other road defect. d) Rishikesh Desai, 13 Country Candle Lane, Northborough, pothole or other road defect. e) Kelliann Parker, 6 Stevens Street, #2, other property damage and/or personal injury. f) Linda Pakus, 17 Red Spring Road, other property damage and/or personal injury. g) Navid Sharifi, 31 Winter Lane, Framingham, pothole or other road defect. h) James Smith, 92 Silver Leaf Way, pothole or other road defect. i) Stanley Webster, 425 Pleasant Street, other property damage and/or personal injury. IN CITY COUNCIL 6 AUGUST 21, 2023 Councilor Landers reported the following out of the Public Services Committee: City Council Public Services Committee July 31, 2023 Minutes and Report This meeting convened at 6:30 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). Voting members: Chair Landers, Councilor Irish and Councilor Brown. Non-Voting Members Present: Councilors Ossing, Robey, Perlman, Dumais and Wagner. Keenan Brinn and Jeff Harrington addressed the petition for a grant on location on behalf of Lightpath. Order No. 23-1008925: Petition of LIGHTPATH to install underground cable in conduit and other equipment within the public way on Cedar Hill Street near D’Angelo Drive. Public Hearing held on July 24, 2023. Chair Landers read the comment from City Engineer DiPersio as follows: To the Public Services Committee: Regarding the Petition of Lightpath for a grant of location for underground cable in conduit and other equipment within the public way on Cedar Hill Street and D’Angelo Drive, I offer the following for your consideration: - The Engineering Division has been working with Lightpath on this proposal. We do not have an issue with the grant of location; however, the work must be done prior to the final paving of the roadway as part of the City’s reconstruction project, which is underway at this time. - A condition of approval should be that a spare conduit be installed for future City use. - Conditions related to work in the public way, including approval of the final location of the conduit, will be covered in a future Road Opening Permit from my office. I have no other issues with the proposal from an engineering standpoint. On motion by Councilor Irish, seconded by Chair, by a 3-0 vote, the committee recommends approval of the petition of Lightpath for a grant of location on Cedar Hill Street subject to the following conditions by the City Engineer: 1) the work must be done prior to the final paving of the roadway as part of the City’s reconstruction project, which is underway at this time; 2) A spare conduit shall be installed for future City use; 3) Additional conditions shall be covered in the Engineering Road Opening Permit. On a motion made, seconded, and approved, the meeting adjourned at 6:41 PM. IN CITY COUNCIL 7 AUGUST 21, 2023 Reports of Committee Continued: Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee Monday, July 31, 2023 Minutes and Report This meeting convened at 6:45 PM in the Council Chamber and was open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8/Verizon/Fios Channel 34) and available for viewing using the link under the Meeting Videos tab on the city’s home page, www.marlborough-ma.gov. Voting Members: Chair Irish, Councilors Dumais, Perlman, and Brown (Councilor Oram absent). Non-Voting Members Present: Councilors Wagner, Ossing, Landers, and Robey; Councilor Navin (arrived at 6:50 PM). Councilor Doucette (arrived at 6:57 PM). Police Lt. Dan Campbell addressed the new position. Order No.23-1008937: Communication from Mayor Vigeant with proposed amendment to the City Code, Chapter 125 §5, Preparation of Classification Descriptions, to add a new position of Special Traffic Constable within the Police Department per request from Police Chief Giorgi by letter dated May 16, 2023 – referred to Finance and ordered advertised. Police Chief Giorgi’s letter, summarized below, clarified that Special Traffic Constables are appointed annually by the Mayor, are not sworn police officers, and are not covered by any collective bargaining agreement. There are numerous road construction projects occurring in the city and although the city uses Marlborough police officers, current and retired, and out of town officers, all work details cannot be covered. The ability to utilize a former experienced police officer to fill vacant traffic detail locations would enhance the city’s ability to do so and make passage through a construction area as safe as possible for pedestrians and motorists. The creation of this position will be at no cost to the city and no expense for the Special Traffic Constable position will come from the department’s operating budget. Any expense regarding training or equipping the Special Traffic Constable will be borne by the individual officer. On a motion by Councilor Dumais, seconded by Chair, the committee voted 4 in favor; 1 (Oram) absent, to recommend approval of the proposed amendment to add a new position of Special Traffic Constable, effective date upon passage, $62.50 Per Hour. Chair will seek suspension of the Rules for approval of the ordinance on August 21, 2023. Motion made and seconded to adjourn; meeting adjourned at 6:59 PM. IN CITY COUNCIL 8 AUGUST 21, 2023 Reports of Committee Continued: Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee Tuesday, July 31, 2023 Minutes and Report This meeting convened at 6:45 PM in the Council Chamber and was open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8/Verizon/Fios Channel 34) and available for viewing using the link under the Meeting Videos tab on the city’s home page, www.marlborough-ma.gov. Urban Affairs & Housing Committee voting members present: Chairman Katie Robey, Councilor Doucette, Councilor Landers, Councilor Navin, and Councilor Wagner. Non-Voting Members Present: Councilors Brown, Dumais, Irish, Perlman, and Ossing. Also Present: Attorney James Mann for the applicant. Order No. 23-1008062E: application for Modification of a special Permit from Ralph Aronov on behalf of green gold group, Inc. to amend the hours of operation, to add Medical 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. The chair opened the meeting at 7:10 PM when the applicant arrived, who was stuck in traffic. Attorney Mann reviewed some photos he had taken of various retail establishments in Wayside district that had illuminated signs and expressed desire to have the signs at this location be illuminated. The chair explained that most of the signs he showed were there when zoning was changed, and the plan was that they would be eliminated as businesses changed hands. Councilor Wagner felt the plan was not a reality and she supported approving illuminated signs for this business while others agreed, and some didn’t. The chair read through the comments from the department heads with none having issues with the draft Decision on an Amendment to a Special Permit. She then read through the draft pointing out that the cover page dates would probably be changed to August and September. She read through the draft Decision’s Findings of Fact with #4 specifying the amendments-“to modify Find of Fact No.3 of the Original Special Permit to allow the addition of Medical Use of Marijuana operations; as well as condition No. 4 of the Original special permit in order to change the existing signage to new, internally lit signage (as shown on Exhibit A attached hereto) as well as condition No. 8 of the Original Special permit in order to change the maximum hours of operation of the Use, under the provision of MGL c. 40A §9 and the Marlborough Zoning Ordinance (the “Application”) and also suggested adding a new number to list Councilor Brown’s submittal of a letter stating she had reviewed the video of the Public Hearing held June 26, which allows her to vote on the matter. She also read through the information under the Actions, Section E which delineate the three proposed amendments. The chair suggested that Amendment #2 (which deletes Condition 4) be stricken in its entirety which would keep the original condition in place. This would cause the applicant to revert to original special permit language which states, “Prior to seeking an initial sign permit from the City, the Applicant, its successors and/or assigns, shall submit to the City Council renderings of its proposed signage, which shall comply with the City's Sign Ordinance.” The other amendments would remain as listed. IN CITY COUNCIL 9 AUGUST 21, 2023 Reports of Committee Continued: After discussion Councilor Wagner moved to amend the draft Decision by striking amendment E#2 in its entirety, striking reference to the amendment in Finding of Facts #4, and adding in reference to Council Brown’s letter, it was seconded, and the vote carried 5-0. The chair stated the solicitor would be asked to have this in proper form for our August 21st council meeting and would then ask for a suspension to vote that evening. If the amended draft decision is not placed on the agenda by the Solicitor’s Office, Chair will seek suspension to refer to the Solicitor for the September 11th agenda. Councilor Doucette moved to adjourn; it was seconded and carried 5-0. The meeting adjourned at 7:47 PM. Suspension of the Rules requested – granted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That 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, be and is herewith APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1) The work must be done prior to the final paving of the roadway as part of the City’s reconstruction project, which is underway at this time; 2) A spare conduit shall be installed for future City use; 3) Additional conditions shall be covered in the Engineering Road Opening Permit. Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Job Description pursuant to Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” of the Code, relative to the position of Special Traffic Constable within the Police Department, APPROVED; adopted. Suspension of the Rules requested – granted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: Position Effective Date Minimum Step 1 Step 2 Maximum Special Traffic $62.50 Per Constable Upon Passage Hour II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening. IN CITY COUNCIL 10 AUGUST 21, 2023 Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL DECISION ON AN AMENDMENT TO A SPECIAL PERMIT GREEN GOLD GROUP, INC. ORDER NO. 20/23-1008062H The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Green Gold Group, Inc. (the “Applicant”) to amend an existing special permit to build and operate an Adult Use Marijuana Retail Establishment at 910 Boston Post Road East, Suite 100, Marlborough, Massachusetts, 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 corporation having a business address of 60 Prospect Street, North Brookfield, MA 01535. 2. The Applicant is the tenant of a commercial retail unit located at 910 Boston Post Road East, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 62 as Parcel 21 (the “Site”). The Site’s owner is Blackcomb Associates, LLC with a business address of 1 Main Street, Whitinsville, MA 01588. 3. On November 16th, 2020, the City Council of the City of Marlborough voted to grant a special permit authorizing Local Roots NE, Inc, of which the Applicant is the successor in interest, 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 76417, Page 396 (the “Original Special Permit”). 4. On June 1, 2023, the Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough an application to modify Finding of Fact No. 3 of the Original Special Permit to allow the addition of a co-located Medical Marijuana Treatment Center, change the existing signage to new, internally lit signage, and 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”). 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and existing site plans for the Site. 6. The Application was certified as complete by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, in accordance with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 7. 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. IN CITY COUNCIL 11 AUGUST 21, 2023 8. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, June 26th, 2023. The hearing was closed on that date. 9. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 10. At the public hearing, no members of the public spoke about the Use or submitted written comments about the Use. 11. Councilor Teona C. Brown was absent from the single session of the public hearing on the Application. Prior to the vote on this decision, Councilor Brown filed a written certification as to examination of all the evidence and testimony received at the hearing session, made as part of the record of the hearing, in accordance with Massachusetts General Laws Chapter 39, Section 23D. 12. 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 addition of a medical marijuana treatment center and modified operating hours as 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. C. The City Council incorporates by reference Finding C in the Original Special Permit, provided that as to the addition of a medical marijuana treatment center, said Finding C is also made in accordance with § 650-18(45)(a) and (b) of the Zoning Ordinance and the Site’s location is also in accordance with § 650-32.F. D. The City Council incorporates by reference Finding D in the Original Special Permit. To the extent the Application seeks to modify existing signage, the Applicant shall adhere to Finding D(16) in the Original Special Permit and submit proposed rendering of the signage to the City Council, and apply for a sign permit, in accordance with City’s Sign Ordinance and the Zoning Ordinance. This Decision does not constitute approval of any change to the existing signage, which shall be reviewed upon a submittal by the Applicant as set forth herein. E. 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 the Original Special Permit, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: IN CITY COUNCIL 12 AUGUST 21, 2023 1. By deleting Finding of Fact No. 3 in its entirety and inserting in its place the following: In accordance with Article VI, § 650-17, § 650-18(45), § 650-18(46), and § 650-32 of the Zoning Ordinance of the City of Marlborough, the Applicant proposes to operate a co-located Medical Marijuana Treatment Center and Adult Use Marijuana Retail Establishment at the Site (the “Use”). 2. By amending Condition No. 5 by: (a) inserting after the words “§ 650-18(46)(c)” the following: “and § 650-18(45)(c)”; and (b) inserting after the words “Adult Use Marijuana Retail Establishment” the following: “and a Medical Marijuana Treatment Center”. 3. 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. 4. By inserting the following new Condition as Condition No. 16: 16. Partial Use: The Applicant, its successors and/or assigns, is not required to operate all portions of the Use simultaneously. The Applicant, its successors and/or assigns, may commence the Medical Marijuana Treatment Center portion of the Use upon receipt of all local and state permits and licenses for that portion of the Use, while continuing the current Adult Use Marijuana Retail Establishment portion of the Use. If either the Medical Marijuana Treatment Center portion of the Use or the Adult Use Marijuana Retail Establishment portion of the Use ceases, either temporarily or permanently, the Applicant, its successors and/or assigns, may operate the other portion of the Use. 5. 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. 6. Recording of Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, § 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex County South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit has elapsed with no appeal having been filed, and before the Applicant has applied to the Building Commissioner for a building permit. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit to the City Council's office, the Building Department, and the City Solicitor’s office. Yea: 10 – Nay: 0 – Absent: 1 Yea: Wagner, Doucette, Dumais, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Absent: Brown. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the 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, APPROVED; adopted. IN CITY COUNCIL 13 AUGUST 21, 2023 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” of the Code relative to Definitions, Affordable Housing, and the Marlborough Village District (MV), referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, SEPTEMBER 18, 2023; 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, by inserting a new definition for “Area Median Income (AMI)” and “Eligible Household”, and amending the existing definition for “Mixed Use”, to read as follows: (new text shown as underlined, deleted text shown as strikethrough): AREA MEDIAN INCOME (AMI) The Housing Area Median Family Income set forth in or calculated from regulations promulgated by the United States Department of Housing and Urban Development pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974, determined annually for the Metropolitan Statistical Area that includes the City of Marlborough and adjusted for family size. ELIGIBLE HOUSEHOLD A household whose gross household income does not exceed the corresponding percentage of AMI specified in Section 650-26. 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) The To achieve a mix of residential to business uses, such as retail or restaurant,- uses shall be that is balanced and compatible, and shall contribute to a vibrant downtown atmosphere, including a combination of ground floor street front uses, such as retail or restaurant. (3) Gground floors of buildings fronting streets or public accessways shall be reserved for restricted to nonresidential public business/commercial uses, except as specified below: Dwelling units shall be allowed on ground floors of a buildings if: (a) The building that is set behind another a mixed-use building that has business commercial uses on the ground floor and residential on other floors so long as the building set behind does not face a public way.: or (b)The residential portion of the ground floor of a building is set behind street front nonresidential uses within the same building. II. By amending Chapter 650 (Zoning), Section 650-17 (Table of Uses), by striking “Y” and replacing it with “SP” for the following specific uses, in the MV zoning district, to read as follows: (new text shown as underlined, deleted text shown as strikethrough): IN CITY COUNCIL 14 AUGUST 21, 2023 Zoning District Abbreviations Business Use RR A-1 A-2 A-3 RB RC RCR NB B CA LI I MV Wayside Hotels (41) N N N N N N N SP SP SP SP SP Y N SP Hotels with N N N N N N N N SP SP SP SP Y N conference SP facilities and commercial uses (21) Mixed-Use N N N N N N N SP SP N N N Y SP Development SP (42) III. By amending Chapter 650 (Zoning), Section 650-18 (Conditions for uses), Subsection A, paragraphs 41 and 42, as follows: (new text shown as underlined, deleted text shown as strikethrough): (41) Hotels within the Marlborough Village District are by rightspecial permit, and subject to site plan approval by the City Council with input from department staff who participate in administrative site plan review as provided under § 270-2. See in § 650- 34B special provisions for site plan review by City Council of hotels in the Marlborough Village District. (42) Mixed-use development, including multifamily residential uses, shall not be subject to special permit provisions for multifamily uses. In the Wayside District, multifamily dwelling shall be allowed only as part of a mixed-use development. Mixed-use development may include vertically mixed uses in a single building or horizontally mixed uses in which multiple buildings create the mix of uses on a single parcel. Each individual building may include a single use with multiple uses occurring next to each other and within multiple buildings on the single parcel. III. 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. The purpose of this section is to provide that multifamily uses include an affordable component to ensure the city remains above the state’s required inventory of affordable units. A. This section 650-26 shall apply to all developments that result in or contain eight (8) or more dwelling units, in all zoning districts, for the following types of uses: multifamily dwelling(s) or mixed-use development containing multifamily dwelling(s). This section shall apply as set forth above unless an exception is otherwise stated in this section 650- 26. Compliance with this section shall be made a condition of any special permit that is required for the development. All special permits granted to applicants to construct multifamily dwellings, or mixed-use development containing multifamily dwelling(s), 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. IN CITY COUNCIL 15 AUGUST 21, 2023 (1) Developments of 20 8 or more units. (a) Number of on-site affordable units. The A development subject to this section 650-26 shall i) provide that at least 125% of the dwelling units to be constructed for homeownership or rental purposes will be made available at affordable prices to eligible 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. If when applying the specified percentage to the total number of units to determine the required number of affordable units, the resulting number of affordable units includes a fraction of a unit, this fraction, if equal to or over one-half, shall be rounded up to the next whole number. . (b) Eligibility for affordable units. All affordable units must be eligible for inclusion on the state’s Subsidized Housing Inventory (SHI). The affordable units shall be available to households at no more than eighty percent (80%) of AMI in accordance with SHI requirements. After initial occupancy, the gross household income of an eligible household shall be verified annually to determine continued eligibility and rent. (bc) 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. (dc) 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. (ed) 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. (fe) 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. (gf) 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. (hg) 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. (ih) 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. IN CITY COUNCIL 16 AUGUST 21, 2023 (i) Alternate site. The City Council may allow the developer to build some or all of the affordable housing required by Subsection A(l)(a) on an alternate site 1.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(l)(b), (e), (f), (g), (h) and (i) 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. No final certificate of occupancy shall be issued for any unit within a development subject to this section until all actions necessary to preserve the affordability of the affordable units in compliance with this section and include the affordable units on the subsidized housing inventory, including without limitation, a deed restriction, regulatory agreement and declaration of restrictive covenants, and/or any other restrictive instrument necessary, and all other required documentation, have been executed and registered or recorded by the developer, in a form satisfactory to the City Solicitor. 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. (32) 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. 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. V. By amending Chapter 650 (Zoning), Section 650-34(D)(1), to read as follows: (new text shown as underlined, deleted text shown as strikethrough): D. Design standards. (1) The purpose of the following design standards is to promote quality development emphasizing the City's sense of history and desire for contextual, pedestrian-scaled projects. Supporting streamlined development review, design standards are integral to the Marlborough Village District regulations and must be met as part of any special permit and/or site plan review and approval. (a) Nonmandatory In addition to the design standards, in connection with a special permit and/or site plan application in the Marlborough Village District, such applications shall be reviewed with respect to the Ddesign Review gGuidelines for the Marlborough Village District. which The guidelines will complement the design standards of this section and which will provide a guide to the desired appearance and quality of design in the Marlborough Village District. The guidelines are will be available at the Building Department and/or on the official website of the City. IN CITY COUNCIL 17 AUGUST 21, 2023 VI. By amending Chapter 650 (Zoning), Section 650-34(D)(2), to read as follows: (new text shown as underlined, deleted text shown as strikethrough): (2) All special permit and/or site plan review and approval applications in the Marlborough Village District shall be subject to the following design standards: VII. By amending Chapter 650 (Zoning), Section 650-34(D)(2)(d), to read as follows: (new text shown as underlined, deleted text shown as strikethrough): (d) External materials and appearance. [1] Predominant wall materials for all ground floors shall be brick in traditional New England colors and character, and stone. shall be red brick, stone, or precast concrete panels; wWood 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 (or a similar product) can be used on upper floors. Glass Fiber Reinforced Concrete (GFRC) panels (or something similar) 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] The standards for all acceptable masonry construction are as follows: [a] Acceptable masonry construction for bricks will be of standard, fired clay, brick units bonded together with mortar. Acceptable applications include building components, such as walls, stairs, columns, arches, planter beds, etc. [b] Utilize bBricks which areshould be sound, hard, well-burnt with uniform color, shape and size. [c] The bricks should be compact, homogeneous, free from holes, cracks, flaws, air- bubbles, spawls and stone lumps. [d] Frogged bricks shall be laid with the frogs pointing upwards. [e] Mortar specifications shall comply with relative ASTM International standards. [f] 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.Masonry units are classified into the following types: solid, hollow unit, cellular, perforated and frogged. VII. By amending Chapter 650 (Zoning), Section 650-34(E)(1)(a)[2], to read as follows: (new text shown as underlined, deleted text shown as strikethrough): [2] Spaces in city-owned public garages and lots within 1,000 feet of the development can be counted to fulfill the required spaces, with payment-in-lieu required. VIII. By amending Chapter 650 (Zoning), Section 650-34(E)(1)(b)[1], to read as follows: (new text shown as underlined, deleted text shown as strikethrough): [1] Eliminate parking minimums per the existing off-street parking (§650-48) unless the use is part of a mixed-use development where off-street parking would be determined during the special permit and/or site plan review process. IX. By amending Chapter 650 (Zoning), Section 650-34(E)(2), to read as follows: (new text shown as underlined, deleted text shown as strikethrough): IN CITY COUNCIL 18 AUGUST 21, 2023 (2) Payment in lieu of parking. In the Marlborough Village District, any new commercial or mixed-use structure that is required to provide parking spaces may request to make payments to the City of Marlborough in lieu of providing for all or part of the on-site required parking, not to exceed twenty percent (20%) of the required on-site parking spaces. If when applying the specified percentage to determine the maximum number of on-site parking spaces which may be subject to payment-in-lieu, the resulting number includes a fraction of a unit, this fraction, if equal to or over one-half, shall be rounded up to the next whole number. . (a) Payment made to the City of Marlborough in lieu of providing some or all of the required off-street parking spaces for a project in the Marlborough Village District (MV) shall may only be allowed by right, subject to site plan and design reviewauthorized by special permit, in parking spaces designated for overnight parking, and subject to conditions set forth by special permit. (b) A one-time fee to be paid shall be $2510,000 (twenty-five thousand dollars) per parking space, which shall be paid prior to the receipt of an occupancy permit. X. By deleting Chapter 650 (Zoning), Section 650-34(E)(3), (Additional reduction in parking requirements). XI. By amending Chapter 650 (Zoning), Section 650-34(F), to read as follows: (new text shown as underlined, deleted text shown as strikethrough): F. Heights of structures. (1) To encourage redevelopment and reuse of parcels within the Marlborough Village District, minimum and maximum heights are established. Minimum heights shall be 35 feet or 2.5 stories; maximum height is 60 feet or 4 stories. six stories and up to 70 feet except for where a proposed structure is within 50 feet of a residential district boundary, where the height limit shall be 52 feet. 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. Height limits do not include roof-mounted mechanical appurtenances; however, said appurtenances, and the screening required for them in § 650-34D(2)(b), shall be subject to site plan review and design standards. Rooftop mechanical equipment, including wireless communications equipment, shall be located and screened to minimize impacts on abutters and the general public. No interior space shall be occupied for any purpose above these height limits. This shall not preclude the use of a flat roof for purposes allowed in this section. (2) Roof decks, providing recreation and amenity areas for residents and businesses on the roof above the top story of a building, shall be encouraged in the Marlborough Village District. Roof decks may include open space areas for sitting and gardens; open air areas covered by permanent roofs (flat or sloped); indoor areas for social gathering, meetings, common kitchens, restrooms, and storage; spaces for mechanical equipment; and enclosures for elevators and stairs. The portions of a building designed as a roof deck shall be subject to maximum height restrictions, as but may be increased by special permit. IN CITY COUNCIL 19 AUGUST 21, 2023 XII. By amending Chapter 650 (Zoning), Section 650-41 (Table of Lot Area, Yards, and Height of Structures), District: Marlborough Village District MV, Height, and Notes #12 (as referenced therein) to read as follows: (new text shown as underlined, deleted text shown as strikethrough): District Height Marlborough Village District MV Minimum: 35 feet or 2.5 stories; Maximum: 64 stories: not to exceed a maximum of 6070 feet12 NOTES: 12 Within the Marlborough Village District, special permits may allow for an increase in height for a roof deck to 7 stories and up to 85 feet; also, provided that the height of any development within 50 feet of a residential district boundary, shall be stepped down and shall not exceed 52 feet except where allowed by special permit. [See § 650-34F(1).] XIII. 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). XIV. Effective Date. The effective date of these amendments shall be the date of passage. These amendments do not apply to any special permit or site plan approval, for which an application was submitted and/or a special permit or site plan approval was issued before the date of the first publication of notice of the public hearing pursuant to MGL c. 40A, s. 5 on these amendments. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: DECISION ON AN AMENDMENT TO A LED SIGN SPECIAL PERMIT LINCOLN STREET 431, LLC ORDER NO. 23-1008889C Application of: Lincoln Street 431, LLC Locus: 431 Lincoln Street, Marlborough, MA Parcel 96 on Assessors Map 69 The City Council of the City of Marlborough hereby GRANTS the Application for an Amendment to a LED Sign Special Permit to Lincoln Street 431, LLC (the “Applicant”) for the property located at 431 Lincoln Street, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant is the owner of the property located at 431 Lincoln Street, Marlborough, Massachusetts, being shown as Parcel 96 on Assessors Map 69 (the “Site”). 2. The Applicant operates a filling station with a convenience store at the Site. IN CITY COUNCIL 20 AUGUST 21, 2023 3. On September 14, 2020, the City Council of the City of Marlborough voted to grant a LED sign special permit (the “Original Sign Special Permit”, Order No. 20-1007948H) authorizing the Applicant to operate a digital display sign (the “Sign”) at the Site, as shown on the sign specifications attached as “Attachment A.” 4. The Applicant, by and through its counsel, filed with City Clerk of the City of Marlborough an Application for an Amended Sign Special Permit (the “Application”) to change non-digital panels on both faces of the Sign in order to advertise food options within the Site’s convenience store instead of non-digital panels advertising fuel, as shown on the sign specifications attached as “Attachment B.” 5. The City Council held a public hearing on the Application on Monday, May 22, 2023. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on May 22, 2023. 6. The Applicant, through its representatives, presented testimony at the public hearing detailing the proposed changes to the Sign. 7. At the public hearing, no members of the public spoke in opposition to the proposed changes to the 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 a digital display sign under the Sign Ordinance. B. The City Council finds that the proposed changes to the Sign comply with the standards set forth in Section 526-13 of the Code of the City of Marlborough (the “Sign Ordinance”). 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 amendment to the Original Sign Special Permit to change non-digital panels on both faces of the Sign in order to advertise food options within the Site’s convenience store instead of non-digital panels advertising fuel, as shown on “Attachment B,” 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. 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 Amended Sign Special Permit, and become conditions and requirements of the same, unless otherwise altered by the City Council. IN CITY COUNCIL 21 AUGUST 21, 2023 3. All other conditions of the Original Sign Special Permit shall continue in full force and effect and are incorporated by reference as part of this Decision. Yea: 9 – Nay: 1 – Absent: 1 Yea: Wagner, Doucette, Dumais, Irish, Navin, Landers, Oram, Ossing & Perlman. Nay: Robey. Absent: Brown. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL DECISION ON A SPECIAL PERMIT JP MORGAN CHASE BANK, NATIONAL ASSOCIATION ORDER NO. 23-1008890C The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to JPMorgan Chase Bank, National Association (the “Applicant”) to install, operate, and maintain a drive-thru facility for a twenty-four (24) hour per-day drive-up automated teller machine for banking purposes (the “Use”) at 189 Boston Post Road West, in the Business B Zoning District, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, JPMorgan Chase Bank, National Association, is a national banking association with an address of 1111 Polaris Parkway, Mail Code OH1-0274, Columbus, Ohio 43240. 2. The Applicant leases the property located at 189 Boston Post Road West, Marlborough, Massachusetts, being shown as Parcel 16 on Assessors Map 78 (the “Site”). 3. In accordance with Article V, Section 650-14.B(2) and 650-17, of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Applicant seeks approval for the Use at the Site, as shown on the Plans referenced in paragraph 5 below. 4. The Applicant, by and through its counsel, filed with City Clerk of the City of Marlborough an Application for a Special Permit (“Application”) for the Use. 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, a site plan entitled “Site Improvement Plan” by Stonefield Engineering and Design Limited Liability Company, with the last revision date of May 17, 2023, (the “Plans”) attached hereto as “Attachment A.” 6. The Application was certified as complete by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, in accordance with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 7. The Site is located in the Business B Zoning District. 8. The Site has an area of 32,576 square feet +/- as shown on the Plans. IN CITY COUNCIL 22 AUGUST 21, 2023 9. Pursuant to the Rules and Regulations of the City Council for the City of Marlborough and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application and the City Clerk for the City of Marlborough caused notice of the same to advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 10. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, June 5, 2023. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on June 5, 2023. 11. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 12. At the public hearing, no members of the public spoke in opposition to the Use. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds that the proposed Use of the Site is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance of the City of Marlborough when subject to the appropriate terms and conditions as provided herein. The City Council makes these findings subject to the completion and adherence by the Applicant, its successors and/or assigns to the conditions more fully set forth herein. C. The City Council, pursuant to its authority under Massachusetts General Laws Chapter 40A and the Zoning Ordinance of the City of Marlborough hereby GRANTS the Applicant a Special Permit for the Use at 189 Boston Post Road West, as shown on the Plans filed, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. Construction in Accordance with Applicable Laws. Construction of all structures on the Site is to be in accordance with all applicable Building Codes and Zoning Regulations in effect in the City of Marlborough and the Commonwealth of Massachusetts and shall be built according to the Plans as may be amended during Site Plan Review. 2. Site Plan Review. The issuance of the Special Permit is further subject to detailed Site Plan Review 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. Modification of Plans. Notwithstanding conditions #1 and #2 above, the City Council or the Site Plan Review Committee may approve engineering changes to the Plans, so long as said changes do not change the Use as approved herein, or materially increase the impervious area of the Use, reduce the green area, alter traffic flow, or increase the size of the building, all as shown on the Plans. IN CITY COUNCIL 23 AUGUST 21, 2023 4. Incorporation of Submissions. All plans, photo renderings, site evaluations, briefs and other documentation provided by the Applicant as part of the Application, and as amended or revised during the application/hearing process before the City Council and/or the City Council’s Urban Affairs Committee, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. 5. Storm Water and Erosion Control Management. The Applicant, its successors and/or assigns, shall ensure that its site superintendent during construction of the Use is competent in stormwater and erosion control management. This individual(s)’ credentials shall be acceptable to the Engineering Division of the City’s Department of Public Works and the City’s Conservation Commission. This individual(s) shall be responsible for checking the Site before, during, and after storm events including weekends and evenings when storms are predicted. This individual(s) shall ensure that no untreated stormwater leaves the Site consistent with the State’s and the City’s stormwater regulations. The Applicant, its successors and/or assigns, shall grant this individual(s) complete authority of the Site as it relates to stormwater and erosion controls. 6. Noise. The Use shall comply with the noise ordinance of the City of Marlborough. 7. Lighting. Exterior lighting at the Site shall be downward facing and shielded to minimize impacts on neighboring properties. Exterior lighting at the Site shall be shut off outside of operating hours of the bank on the Site, except for lighting necessary for security and emergency access. 8. Traffic Flow. The Applicant, its successors and/or assigns, shall install and maintain signage that directs drivers exiting the Site to use the signalized intersection at Northboro Road East and Boston Post Road West for purposes of traveling east. 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. 9. 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. 10. Recording of Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit has elapsed with no appeal having been filed, and before the Applicant has applied to the Building Commissioner for a building permit. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit to the City Council’s office, the Building Department, and the City Solicitor’s office. Yea: 10 – Nay: 0 – Absent: 1 Yea: Wagner, Doucette, Dumais, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Absent: Brown. IN CITY COUNCIL 24 AUGUST 21, 2023 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Marlborough City Council meet in executive session under Purpose 3 of the Open Meeting Law, MGL c. 30A, s. 21(a)(3), to “discuss strategy with respect to…litigation if an open meeting may have a detrimental effect on the…litigating position of the public body” regarding the pending matter, JW Capital Partners, LLC and Marlborough TOTG LLC v. Marlborough City Council (Land Court No. 23 MISC 000199), as the chair hereby declares that discussion in an open session may have a detrimental effect on the City and the City Council’s litigating position. The City Council will not re-convene in open session after the Executive Session. APPROVED; adopted. Yea: 9 – Nay: 0 – Abstain: 1 – Absent: 1 Yea: Wagner, Doucette, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Abstain: Dumais. Absent: Brown. 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 9:06 PM; adopted.