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, DECEMBER 4, 2023 The regular meeting of the City Council was held on Monday, December 4, 2023, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Perlman & Robey. Meeting adjourned at 9:31 PM. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, NOVEMBER 27, 2023, FILE; adopted. That the PUBLIC HEARING on the Petition from Massachusetts Electric and Verizon New England, to install one Joint Owned Pole (25-25) on Hayes Memorial Drive beginning at a point approximately 350’ north/northwest of the centerline of the intersection of Nickerson Road for new commercial service at 1000 Nickerson Road, Order No. 23- 1009015, all were heard who wish to be heard, hearing closed at 8:03 PM., all were heard who wish to be heard, hearing closed at 8:10 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Suspension of the Rules requested – Motion by Councilor Landers to remove from the Public Services Committee, Order No. 23-1009015 – granted. Suspension of the Rules requested – granted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric and Verizon New England, to install one Joint Owned Pole (25-25) on Hayes Memorial Drive beginning at a point approximately 350’ north/northwest of the centerline of the intersection of Nickerson Road for new commercial service at 1000 Nickerson Road, be and is herewith APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The location shall be marked out for approval by the Engineering Division prior to the work. STANDARD CONDITIONS 1. Any necessary easements are to be obtained from affected property owners. 2. A street opening permit must be applied for by the proposed contractor performing the work. IN CITY COUNCIL 2 DECEMBER 4, 2023 3. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 4. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 5. A proper staging area is to be located/acquired before work commences – material and equipment is not to be parked/stockpiled within the city right of way and or private property unless permission is granted in writing by the property owner. 6. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 7. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 8. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 9. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 10. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. That the PUBLIC HEARING on the Petition from Massachusetts Electric and Verizon New England, to install one Joint Owned Pole on Simarano Drive beginning at a point approximately 50’ southeast of the centerline of the intersection of Simarano Drive and Bay Drive installing a midspan pole between pole 10 and pole 8-50 and install a 900 KVAR on it, Order No. 23-1009016, all were heard who wish to be heard, hearing closed at 8:06 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Suspension of the Rules requested – Motion by Councilor Landers to remove from the Public Services Committee, Order No. 23-1009016 – granted. Suspension of the Rules requested – granted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric and Verizon New England, to install one Joint Owned Pole on Simarano Drive beginning at a point approximately 50’ southeast of the centerline of the intersection of Simarano Drive and Bay Drive installing a midspan pole between pole 10 and pole 8-50 and install a 900 KVAR on it, be and is herewith APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The location shall be marked out for approval by the Engineering Division prior to the work. STANDARD CONDITIONS 1. Any necessary easements are to be obtained from affected property owners. 2. A street opening permit must be applied for by the proposed contractor performing the work. IN CITY COUNCIL 3 DECEMBER 4, 2023 3. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 4. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 5. A proper staging area is to be located/acquired before work commences – material and equipment is not to be parked/stockpiled within the city right of way and or private property unless permission is granted in writing by the property owner. 6. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 7. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 8. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 9. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 10. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. That the TAX CLASSIFICATION PUBLIC HEARING with the Board of Assessors to determine the percentage of the local tax levy to be borne by each class of property for Fiscal Year 2023, all were heard who wish to be heard, hearing closed at 9:08 PM; adopted. Councilors Present: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Assessors Present: Silverstein, Steinberg & Valade. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $51,600.00 (Fifty-one thousand, six hundred dollars) which moves funds from Sale of Graves to Reduce the FY 2024 Tax Levy, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor's Office FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $51,600.00 $51,600.00 27000 33020 Sale of Graves $51,600.00 To reduce FY24 Tax Levy $0.00 Reason: Sale of Graves revenue from FY23 to reduce FY24 tax levy $51,600.00 Total $51,600.00 Total IN CITY COUNCIL 4 DECEMBER 4, 2023 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $564,579.15 (Five hundred sixty-four thousand, five hundred seventy-nine dollars & fifteen cents) which moves funds from Overlay Reserve to Reduce the FY 2024 Tax Levy, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor's Office FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $564,579.15 $564,579.15 10000 32200 Overlay Reserve $564,579.15 To reduce FY24 Tax Levy $0.00 Reason: Excess overlay from FY20 to reduce FY24 tax levy $564,579.15 Total $564,579.15 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Marlborough City Council votes in accordance with MGL Chapter 40, §56, as amended, the percentage of local tax levy which will be borne by each class of real and personal property, relative to setting the Fiscal Year 2024 tax rates and set the Residential Factor at 0.8346 with a corresponding CIP shift of 1.44 pending approval of the City’s annual tax recap by the Massachusetts Department of Revenue, APPROVED; 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 Gift Acceptance in the amount of $2,000.00 from the Mobile Home Village Association, awarded to the Council on Aging to be used to purchase new equipment and games for the card room at the Senior Center; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $2,000,000.00 (two million dollars) which moves funds from Undesignated Fund (Free Cash) to Richer School Feasibility Study Fund to be used for the feasibility study phase of the MA School Building Authority’s (MSBA) process, referred to the FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2024 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $9,602,846.40 $2,000,000.00 10000 35900 Undesignated Fund $2,000,000.00 19300006 52690 Feasibility Study-Richer $0.00 Reason: Feasibility study for Richer School $2,000,000.00 Total $2,000,000.00 Total IN CITY COUNCIL 5 DECEMBER 4, 2023 Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Christopher J. Firicano as City Collector/Assistant Finance Director for a two-year term to expire on November 23, 2025, APPROVED, 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. 22/23-1008721K, MOVED TO ITEM #16 & FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Planning Board, re: Negative Recommendation on the Proposed Zoning Amendment to Chapter 650 “Zoning” to amend §22 “Retirement Community Overlay Districts” to include Map 39, Parcels 5 and 26B located on Robin Hill Street, Order No. 23-1008964, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from property owner, re: Opposition to the Proposed Zoning Amendment to Chapter 650 “Zoning” to amend §22 “Retirement Community Overlay Districts”, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from residents, re: Opposition to Proposed Amendment to City Code, Chapter 650 “Zoning” by adding a new section to create the “Sasseville Way Residential Overlay District”, 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) Planning Board, October 2, 2023 & October 23, 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) Estate of Anna Gleason, 6 Gleason Street Ext., other property damage and/or personal injury. Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Marlborough Regional Chamber of Commerce (MRCC), re: Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” of the Code relative to Definitions, Affordable Housing, and the Marlborough Village District (MV), Order No. 22/23-1008721, FILE; adopted. IN CITY COUNCIL 6 DECEMBER 4, 2023 Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Brian Falk on behalf of Pulte Homes of New England LLC and on behalf of property owner Denali Belle LLC, re: Request to Withdraw Without Prejudice, the Proposed Zoning Amendment to Chapter 650 “Zoning” to amend §22 “Retirement Community Overlay Districts”, Order No. 23-1008964, APPROVED; adopted. Suspension of the Rules requested – granted. 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 and on behalf of property owner Boston Scientific, re: Request to Withdraw Without Prejudice, the Proposed Amendment to City Code, Chapter 650 “Zoning” by adding a new section to create the “Sasseville Way Residential Overlay District”, Order No. 23-1008941, APPROVED; adopted. Yea: 6 – Nay: 5 Yea: Wagner, Dumais, Brown, Irish, Landers, Ossing. Nay: Doucette, Navin, Oram, Perlman, Robey. Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor, Jason Grossfield, re: Proposed Amendment to City Code, Chapter 650 “Zoning” by adding a new section to create the “Sasseville Way Residential Overlay District”, in proper legal form, Order No. 23- 1008941, FILE; adopted. Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee November 30, 2023 Minutes and Report This meeting convened at 7:00 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 were Chairman Katie Robey, Councilor Doucette, Councilor Landers, Councilor Navin, and Councilor Wagner. Also present were Councilors Brown, Dumais, Irish and Ossing & Perlman. Councilors Oram arrived at 7:52 PM. Presenters are listed with the appropriate order. The chair took the items out of order from the agenda. IN CITY COUNCIL 7 DECEMBER 4, 2023 Order No. 23-1008941: Proposed Amendment to City Code, Chapter 650 Zoning by adding a new section to create the “Sasseville Way Residential Zoning Overlay District.” This meeting is continued from November 15, 2023. Present for petitioner were Attorney William Pezzoni, Day Pitney; Attorney Michael Flannery, Goulston & Storrs; Mark Shraiberg, VP Development Management, Trammell Crow Co.; and Patrick Sullivan, Senior Associate, Trammell Crow Co. The chair read through item for this order including a response from Solicitor Grossfield on question of validity of the zoning amendment and if they met the definition in MGL c40A, §5. His opinion is the petition is presented by both the individual owner of land that would be affected by the zoning change and the prospective purchaser, and the initiation of the zoning amendment complies with requirements. The chair read the letter from Boston Scientific, owner, stating they had a contract with Trammell Crow co. to purchase the property. Members had received a red-lined copy of document showing changes from the Nov. 15 meeting as well as additional edits. The chair began to go through the document to highlight items- E. Affordable Housing was amended by solicitor to simply state "...dwellings shall be subject to provisions of §650-26 of Zoning ordinance as adopted and in effect as of November 30, 2023." Consensus of committee was to keep this language. F. Dimensional requirements language in (3) was cleaned up by solicitor including language in (ii) no portion of any multifamiy building shall be located less than 150 feet from any portion of a single family dwelling located outside the SWRO district..." Members had no issue with 150 feet, but Councilor Doucette suggested replacing the word "any" before portion be replaced with "the closest" so it would read "150 feet from the closest portion..." Consensus was to make this change. F (6) Listed the total number of dwelling units to 13 units per acre. The chair said she had questioned the math taking F (1) which stated the minimum acreage requirements were 23 acres X the 13 units per acre to total 299 units when D(1)(a) states the total number of dwelling units shall not exceed 286. Rather than using the solicitor’s suggestion to amend, the petitioner agreed to strike F(6) in its entirety. This order received a neutral recommendation from the Planning Board. The chair opened this up for discussion with suggestion we begin with a motion. Councilor Navin moved to deny Order 23-1008941-Zoning amendment to create Sasseville Way Residential Zoning Overly District; seconded by Councilor Wagner. Councilors Wagner, Navin Doucette, Landers, Perlman, Oram and Ossing all offered comments. The motion to deny carried 5-0. The chair stated the solicitor will take the document used tonight and make the changes agreed to by the committee to create the final document. He will prepare a cover letter with the document and send out to councilors. The chair will ask for a suspension at the December 4 Council meeting to add to agenda for a vote. Order No. 23-1008964: Proposed Zoning amendment to Chapter 650 Zoning to amend §22 Retirement Community Overlay Districts to include Map 39, Parcels 5 and 26B located on Robin Hill Street currently located in the LI District to accommodate an over 55 community combining both townhouses and multifamily components for a new condominium ownership neighborhood. IN CITY COUNCIL 8 DECEMBER 4, 2023 Reports of Committee Continued: Present for the petitioner were Attorney Brian Falk, Mirick, O'Connell, DeMallie & Lougee, LLP; Robert Michaud, P.E. MDM Transportation Consultants; Mark Mastroianni, VP Land Planning & entitlements, Pulte Homes of New England LLC and Essek Petrie from Pulte Homes New England. The chair read through the items for this order including- • the solicitor’s reply to the Planning Board asking if the initiation of this matter complied with ML c. 40a, §5. The solicitor's opinion was that it did meet the requirements. • The Planning Board's negative recommendation • information from MDM Transportation • a red-lined copy of changes to original proposal based on comments from the Planning Board. The chair opened it up to Attorney Falk to discuss the project and the most recent amendments to the document. The chair will ask the solicitor to rule on whether a new public hearing is required with the changes made to the original document. Pending that ruling, this will remain in committee and will be added to the December 5th meeting. Order No. 23-1008951: Proposed Zoning Amendment to Chapter 650 Zoning of the code to add a new section to create the "Red Spring Overlay District." Present for this were Attorney Brian Falk and Mr. Robert Durand, President Red Spring Shores (the condo association of Red Spring Road). Also present were Tin Htway, Building Commissioner and Thomas DiPersio, City Engineer. Councilor Oram recused himself from this discussion. The chair read through the documents for this including the Planning Board's favorable recommendation and an updated, red-lined zoning amendment. Attorney Falk discussed the order and changes made. Commissioner Htway and City Engineer DiPersio briefly discussed their concerns. The chair brought up a map that she was given by Priscilla Ryder from Conservation that included the lines for each property. The petitioner was asked to provide a similar map that could be included with document and help guide the committee to decide if dimensional requirements should be added. This order will be held in committee and added to the December 5th agenda for further discussion. Councilor Doucette moved to adjourn, it was seconded and carried 5-0. Meeting adjourned at 9:27 PM. IN CITY COUNCIL 9 DECEMBER 4, 2023 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: THAT, PURSUANT TO SECTION 5 OF CHAPTER 40A OF THE GENERAL LAWS, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT CHAPTER 650 OF THE CODE OF THE CITY OF MARLBOROUGH, AS MOST RECENTLY AMENDED, BE FURTHER AMENDED AS FOLLOWS: I. By amending Chapter 650 (Zoning), Section 650-5 (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 10 DECEMBER 4, 2023 Zoning District Abbreviations Business Use RR A A A R R R N B C L I MV Ways - - - B C C B A I ide 1 2 3 R Hotels (41) N N N N N N N S S S S S Y N P P P P P SP Hotels with N N N N N N N N S S S S Y N conference P P P P SP facilities and commercial uses (21) Mixed-Use N N N N N N N S S N N N Y SP Development P P 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. IV. 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. IN CITY COUNCIL 11 DECEMBER 4, 2023 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. (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. IN CITY COUNCIL 12 DECEMBER 4, 2023 (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. (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): IN CITY COUNCIL 13 DECEMBER 4, 2023 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. 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), by inserting a new Section 650-34(D)(2)(a)[4], to read as follows: (new text shown as underlined, deleted text shown as strikethrough): [4] Facade step back. A step back in the facade of a building shall occur at the upper floor(s) for all buildings above three stories in height. For example, the fourth story of a four-story building shall be recessed from the lower three stories of the primary facade with a step back. Five feet shall be the minimum step back. VIII. 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: IN CITY COUNCIL 14 DECEMBER 4, 2023 [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. IX. 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. X. 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. XI. By amending Chapter 650 (Zoning), Section 650-34(E)(2), to read as follows: (new text shown as underlined, deleted text shown as strikethrough): (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. IN CITY COUNCIL 15 DECEMBER 4, 2023 (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. XII. By deleting Chapter 650 (Zoning), Section 650-34(E)(3), (Additional reduction in parking requirements). XIII. 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. XIV. 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).] IN CITY COUNCIL 16 DECEMBER 4, 2023 XV. 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). XVI. 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. APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening. Councilor Landers opposed. 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: 10 – Abstain: 1 Yea: Wagner, Doucette, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Abstain: Dumais. Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 9:31 PM; adopted.