City Council

Ward Councilors Councilors-at-Large Ward 1 – Mark A. Vital Sean A. Navin Ward 2 – David Doucette Mark A. Oram Ward 3 – Robert Preciado Michael H. Ossing Ward 4 – Teona C. Brown Kathleen D. Robey Ward 5 – John J. Irish Ward 6 – A. Trey Fuccillo 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 19, 2024 The regular meeting of the City Council was held on Monday, August 19, 2024, at 8:00 PM in City Council Chambers, City Hall. Councilors Present: Ossing, Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Oram & Robey. Meeting adjourned at 9:17 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, JULY 22, 2024, FILE; adopted. That the PUBLIC HEARING on the Petition of MA Electric and Verizon New England, to relocate one Joint Owned Pole on Devens Street. Beginning at a point approximately 8’ West of the centerline of the intersection of Pole 4. Moving Pole #4 Devens Street to the West 8’ to move away from a cliff, Order No. 24-1009225, all were heard who wish to be heard, hearing closed at 8:03 PM; adopted. a) Communication from City Engineer Thomas DiPersio, re: Recommended conditions for Petition from MA Electric and Verizon New England, Devens Street. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Ossing, Oram & Robey. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric and Verizon New England, to relocate one Joint Owned Pole on Devens Street. Beginning at a point approximately 8’ West of the centerline of the intersection of Pole 4. Moving Pole #4 Devens Street to the West 8’ to move away from a cliff, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The location shall be marked out for approval by the Engineering Division prior to the work, to ensure that it will not restrict passage on the sidewalk. 2. Any necessary easements are to be obtained from affected property owners. 3. A street opening permit must be applied for by the proposed contractor performing the work. 4. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 5. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 6. 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. IN CITY COUNCIL 2 AUGUST 19, 2024 7. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 8. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 9. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 10. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 11. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 12. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non-compliance with current ADA standards. That the PUBLIC HEARING on the Petition of MA Electric, to install underground facilities and cable from P24 to hand hole 1 across the street on Lakeshore Drive, Order No. 24-1009226, all were heard who wish to be heard, hearing closed at 8:06 PM; adopted. a) Communication from City Engineer Thomas DiPersio, re: Recommended conditions for Petition from MA Electric and Verizon New England, Devens Street. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Ossing, Oram & Robey. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric, to install underground facilities and cable from P24 to hand hole 1 across the street on Lakeshore Drive, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The location shall be marked out for approval by the Engineering Division prior to the work. 2. This appears to be a proposed secondary service cable. National Grid should confirm that this underground cable will be marked out in the future if a Dig-Safe request is made at this location. 3. Any necessary easements are to be obtained from affected property owners. 4. A street opening permit must be applied for by the proposed contractor performing the work. 5. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 6. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 7. 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. 8. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 9. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. IN CITY COUNCIL 3 AUGUST 19, 2024 10. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 11. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 12. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 13. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non-compliance with current ADA standards. That the PUBLIC HEARING on the the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole at 215 Simarano Drive. Beginning at a point approximately 378 feet South of the centerline of the intersection of Forest Street. Install 45’ C1.2 midspan between Poles 20 and 21. Install feeder monitor on the midspan, Order No. 24-1009227, all were heard who wish to be heard, hearing closed at 8:08 PM; adopted. b) Communication from City Engineer Thomas DiPersio, re: Recommended conditions for Petition from MA Electric and Verizon New England, Devens Street. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Ossing, Oram & Robey. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole at 215 Simarano Drive. Beginning at a point approximately 378 feet South of the centerline of the intersection of Forest Street. Install 45’ C1.2 midspan between Poles 20 and 21. Install feeder monitor on the midspan, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The location shall be marked out for approval by the Engineering Division prior to the work. 2. Any necessary easements are to be obtained from affected property owners. 3. A street opening permit must be applied for by the proposed contractor performing the work. 4. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 5. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 6. 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. 7. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 8. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 9. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 10. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. IN CITY COUNCIL 4 AUGUST 19, 2024 11. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 12. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non-compliance with current ADA standards. That the PUBLIC HEARING on the Application for Special Permit from Attorney Pamela Brown on behalf of Ambidextrous Ventures, LLC for a proposed new pickleball facility with 6 indoor courts, a small practice court, pro shop, and restroom facilities along with an outdoor court, picnic area and 76 parking spaces to be constructed at 119 Airport Boulevard, Unit 11, Order No. 24-1009228, all were heard who wish to be heard, hearing closed at 8:44 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Ossing Oram & Robey. That the PUBLIC HEARING on the Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” to add a new section the “Multi-Family MBTA Housing Overlay District” relative to Multi-Family Zoning Requirements for MBTA Communities, Order No. 23/24-1008909B, all were heard who wish to be heard, hearing closed at 8:59 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Ossing Oram & Robey. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from Council President Ossing, re: Amendment to Fire Chief Contract, FILE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $199,964.00 from the Executive Office of Public Safety & Security and State 911 Department awarded to the Police Department to be used to offset costs in the Public Safety Dispatch Center; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $57,655.73 from the Executive Office of Public Safety & Security and State 911 Department awarded to the Police Department to be used to offset personnel training costs in the Public Safety Dispatch Center; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $37,289.39 from the Executive Office of Public Safety & Security and State 911 Department awarded to the Police Department to be used to purchase any needed equipment, conduct quality assurance review of dispatch personnel, and offset any overtime costs for personnel; 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 Amendment to Chapter 650 “Zoning” to create the Donald Lynch Boulevard District (DLB), in proper legal form, Order No. 24-1009147, MOVED TO ITEM #22 & FILE; adopted. IN CITY COUNCIL 5 AUGUST 19, 2024 Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Clerk, Steven Kerrigan, re: State Primary Election Call, FILE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Clerk Steven Kerrigan, re: Early Voting Hours for State Primary, FILE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from Dillon LaForce of the Planning Board, re: Notification of Resignation effective July 18, 2024, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, SEPTEMBER 23, 2024, as the DATE FOR PUBLIC HEARING, on the Application for Modification of Special Permit from Garden Remedies, Inc. to amend condition #8 relative to the hours of operation for the medical and adult use marijuana retail establishment located at 416 Boston Post Road East, 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 2024, FILE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Department of Public Utilities, re: Petition of Boston Gas Company d/b/a National Grid for Approval of a Mid-Term Modification to its 2022- 2024 Three-Year Energy Efficiency Plan, FILE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Department of Public Utilities, re: Petition of MA Electric and Nantucket Electric d/b/a National Grid for Approval of a Mid-Term Modification to its 2022-2024 Three-Year Energy Efficiency Plan, FILE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Department of Public Utilities, re: Filing by NSTAR Electric Company d/b/a Eversource Energy for approval of its Eversource Community Solar Access Program in compliance with Revisions to Model Solar Massachusetts Renewable Target Provision, D.P.U. 20-145-D, 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) Conservation Commission, June 20, 2024 & July 18, 2024. b) Council on Aging, April 9, 2024, May 14, 2024 & June 11, 2024. c) Planning Board, May 20, 2024 & June 3, 2024. d) Traffic Commission, June 26, 2024. IN CITY COUNCIL 6 AUGUST 19, 2024 Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Terry Espie, 16 Seneca Drive, Hudson, other property damage and/or personal injury. b) Janet Smith, 117 Upland Road, residential mailbox claim (2b). Councilor Navin left the Chamber at 9:10 PM and returned to the Chamber at 9:12PM. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: 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: I. Section 650-7, entitled “Districts Enumerated,” is hereby amended as follows: (1) By deleting from the first sentence the number “14” and inserting in place thereof the number “15.” (2) By inserting at the end of the list of District types, the following: Donald Lynch Boulevard District DLB. I. Chapter 650 is hereby amended in 650 Attachment 1 (§ 650-17), entitled “Table of Uses,” by inserting the highlighted portions and text of Exhibit “A” attached to this order, inserting under the heading entitled “Zoning District Abbreviations” a new zoning district abbreviation as follows: “DLB”, and beneath the new district abbreviation DLB column the text as shown on said Exhibit “A”. II. Chapter 650 is hereby amended by inserting into 650 Attachment 2 (§ 650-41), entitled “Table of Lot Area, Yards, and Height of Structures,” for the DLB, the text as shown in the highlighted portions of Exhibit “B” attached to this order. III. Chapter 650, Article VI, entitled “Special Districts, Overlays and Special Requirements” is hereby amended by inserting a new Section 650-39.2, entitled “Donald Lynch Boulevard District (DLB).”, which shall read as follows: § 650-39.2. Donald Lynch Boulevard District (DLB). A. Purpose and objectives. (1) The purpose and objectives of the Donald Lynch Boulevard district are to enhance land use development and encourage desired growth patterns for the benefit of the public health, safety, and welfare and the economic development objectives of the City. (2) The vision for the Donald Lynch Boulevard District is to strengthen the vitality of the district by encouraging uses, activities, and improvements that will complement the existing assets. Each new investment should be viewed as an opportunity to complement existing uses, add new destinations and attractions, and strengthen a district that provides a variety of compelling reasons to visit, whether it be to work, shop, play, or live. IN CITY COUNCIL 7 AUGUST 19, 2024 (3) The vision shall be achieved through the mix of uses defined by the Donald Lynch Boulevard district and the composition of each new investment, including the site design and building design, and the relationship of the investment to the surrounding context. Each new investment shall enhance the sense of place that helps to define a recognizable district identity and create an attractive and comfortable environment where people feel invited to visit again. (4) The site design, building design, and design of the circulation system shall strengthen the walkability of the district by defining distinct nodes and compact centers of activity in the district. This may include using buildings to define shared outdoor spaces, creating safe and convenient pedestrian and bicycle paths that connect to abutting properties and amenities, creating new outdoor spaces and seating areas, and adding new investments in the landscape of the district. (5) The site design, building design, and design of site infrastructure shall enhance the natural assets and sustainability of the district through enhanced landscape with an emphasis on adding shade trees, an investment in green infrastructure and low impact development techniques, and strengthened connections to natural assets such as the Assabet River and a connected network of open spaces. B. Site plan review. Projects within the Donald Lynch Boulevard District shall be subject to site plan review as provided in § 270-2, of the City Code. (1) Applicability. (a) Site plan review applies to both as of right and uses available by grant of a special permit within the Donald Lynch Boulevard District. Site plan review applicability includes, but is not limited to, new construction of any building or structure; addition to an existing building or structure; and increase in area of on-site parking or loading areas. (b) Site plan review shall be conducted administratively, as provided in § 270-2, except for those projects over 10,000 square feet, which projects shall undergo administrative site plan review with final review and approval by the City Council. (c) The City Council may elect to vary the dimensional and parking requirements of this section by special permit or site plan approval if, in its opinion, such change shall result in an improved project and will not nullify or substantially derogate from the intent or purpose of this section. This authority continues subsequent to occupancy. C. Special permit granting authority. The City Council shall be the special permit granting authority within the Donald Lynch Boulevard District. D. Dimensional requirements. The Donald Lynch Boulevard District shall be subject to the dimensional standards in accordance with Article VII of the Zoning Ordinance as specified in the Table of Lot Area, Yards and Height of Structures for the Donald Lynch Boulevard (DLB) District. The dimensional requirements shall not apply to interior lot lines or municipal boundary lines within a Development Lot in the Donald Lynch Boulevard District. The following exceptions may be granted by special permit by the City Council: IN CITY COUNCIL 8 AUGUST 19, 2024 (1) No minimum lot area, reduced minimum lot frontage of 50 feet, reduced minimum side yard of 10 feet, reduced minimum front yard of 30 feet, reduced minimum rear yard of 15 feet and increased maximum lot coverage of 80% shall be allowed and applicable to a new parcel subdivided from an existing parcel. The property subject to subdivision shall retain the minimum lot area of 2 acres and the minimum lot frontage of at least 200 feet with the removal of the subdivided lot. The subdivided lot will not impact setbacks or lot coverage of the property subject to subdivision. Access to the subdivided lot shall be coordinated with other site circulation to limit the number of curb cuts to the main roadway and establish shared secondary access roads where feasible. (2) Maximum building height in the Donald Lynch Boulevard District of up to 60 feet (provided that, a maximum building height greater than 60 feet may be granted for the following uses: recreation center, recreation establishments) and elimination of the distance from a residential zone requirement in determining maximum height. Note: Mechanical and elevator equipment, chimneys, or other utilities are not limited to the maximum building height. Mechanicals shall be screened to the maximum extent feasible from view from street level and integrated with the architectural style and materials of the building. Screening of mechanicals are not limited to the maximum building height. E. Parking, curb cut and landscaping requirements. Except as otherwise provided in this section, parking, circulation and landscape requirements shall conform with the provisions of § 650-47, § 650-48 and § 650-49 of the Zoning Ordinance. On a Development Lot, the requirements below shall only apply to that portion of the Development Lot which is proposed to be redeveloped. (1) General. In the Donald Lynch Boulevard District, adequate off-street parking shall be provided. The parking facilities provided should be used efficiently to minimize the area of land to be paved for this purpose. The City Council may consider, at its discretion, permitted reductions in the parking requirements for complementary or shared use of parking areas serving activities that have different peak demand times. It is the applicant’s responsibility to determine and request a shared parking reduction for review by the City Council. The visual and environmental impact of large parking areas shall be reduced by breaking the total required parking into smaller parking areas that are integrated with the site design and landscape plan for any new or redeveloped parking areas. Low impact development techniques and green infrastructure shall be integrated within new or redeveloped parking areas. (2) Parking locations. Parking shall be located to the side and/or rear of all building structures unless on a Development Lot. Existing parking that is redeveloped, as part of a redevelopment of a portion of a Development Lot or otherwise, which is located between a building and Donald Lynch Boulevard shall integrate enhanced landscaping into the parking area to reduce the visual impact of the parking through the addition of landscape islands and shade trees. Parking may be provided at ground level, underground, or in a parking garage. Parking garages can be freestanding or as part of a building that is dedicated to other permitted uses, but must be integrated with the surrounding site plan and oriented so as to minimize visual impact of the parking garage on surrounding uses. (3) Parking requirements. Parking in the Donald Lynch Boulevard District shall be provided at a minimum of 1 parking space per 250 square feet of net floor area for retail and restaurant uses. Parking for other commercial uses shall be provided at a minimum of 1 parking space per 350 square feet of net floor area. Parking for residential units shall be provided at a minimum of 1 parking space per unit. IN CITY COUNCIL 9 AUGUST 19, 2024 (4) Pedestrian and bicycle friendly. Vehicle, pedestrian and bicycle features shall be designed to promote connectivity. Curb cuts shall be minimized and shared between multiple parking areas and uses. Bicycle parking shall be provided for all new development and shall be located as close as possible to the building entrance(s). (5) Location of landscaped islands in parking areas. Landscaped islands with shade trees shall be contained within or project into a parking lot and be so located that some part of every parking space is not more than 90 feet from a landscaped area on the perimeter or interior of the parking lot. F. Design standards. The following design standards apply to all developments within the Donald Lynch Boulevard District, except where a development is proposed on a Development Lot, in which case the design standards shall only apply to that portion of the Development Lot which is proposed for redevelopment: (1) Site layout (a) Site and building layout. Buildings shall be located to define shared outdoor spaces in coordination with adjacent buildings located on the same property or an abutting property and the design of the surrounding landscape. (b) Site and parking layout. Parking shall not be the dominant feature of a site plan. Parking shall be one of the components integrated into a cohesive site and landscape design. Large parking lots shall be broken into smaller separated parking areas or through the use of islands and landscape. Landscape features such as plantings and berms shall be used to reduce the visual impact of parking and define shared outdoor spaces that are integrated with other features of the site. Pedestrian circulation shall be integrated into the design of the parking. (c) Sustainability and green infrastructure. Sustainability and green infrastructure shall be integrated into the site layout and features in a meaningful way. Approaches may include protecting and retaining existing vegetation, supporting biodiversity, integrating low-impact stormwater management techniques, reducing impervious surfaces, reducing water use for irrigation, and renewable energy systems such as solar, geothermal, etc. (2) Pedestrian and bicycle circulation (a) Pedestrian circulation. Safe, convenient, and attractive pedestrian circulation shall be incorporated into the site plan design. Where appropriate, new pedestrian and bicycle paths shall connect the site with abutting sidewalks, trails, amenities, or parks to contribute to a system of pedestrian and bicycle circulation. Where appropriate, pedestrian access should be expanded into a shared-use path to provide safe, convenient, and attractive bicycle access. (b) Pedestrian connections. Sidewalks shall provide access from internal site uses, building entries, shared outdoor spaces, parking areas, amenities adjacent to the property, connections along Donald Lynch Boulevard, and connections between adjacent properties. (c) Bicycle amenities. All developments shall include provisions for the parking of bicycles at locations that are safely separated from vehicular and pedestrian circulation and convenient to building entries. Bicycle racks shall be placed as to not obstruct pedestrian walkways or impede the parking area for automobiles. IN CITY COUNCIL 10 AUGUST 19, 2024 (3) Shared Outdoor Spaces (a) Shared Outdoor Spaces. Buildings and site features shall be arranged to create functional shared outdoor spaces, including outdoor seating areas, outdoor gathering areas, outdoor areas for eating, and outdoor activities. Landscape features, topographic changes, art, or other features may accent these shared outdoor spaces. Shared outdoor spaces shall be provided and integrated with the site plan and building design. Multiple shared outdoor spaces should be integrated within a larger property. All shared outdoor spaces should be accessible through a network of connected sidewalks and paths. Shared outdoor spaces may include nonresidential balconies and rooftop spaces. Shared outdoor spaces shall enhance visual connections between buildings, streets, open spaces, and pedestrian circulation. (b) Location of outdoor seating. Outdoor seating areas may be provided for restaurants, cafes, coffee shops, or other establishments with seating and may overlap with shared outdoor spaces. Outdoor seating areas shall be located adjacent to or near the use they are serving. Amenities and seating shall not reduce the required sidewalk widths of pedestrian circulation or negatively impact pedestrian or bicycle circulation. G. Signage. Except as otherwise provided in this section, signage shall conform to the provisions of Chapter 526 of the City Code, the Sign Ordinance. In the event of any conflict between the provisions of this section and any provision of Chapter 526 of the City Code, the provisions of this section shall govern and control. (1) Signage plan. A master sign plan for the premises shall be provided for review and approval by the City Council, setting forth the types, locations and dimensions of proposed new signs. A master sign plan shall be required for any project that involves more than two new signs. For a project that involves one or two signs, a master sign plan is not required. On a Development Lot, existing signs and signs that are modified as a result of re-tenanting are not subject to this requirement. (2) Sign Locations Permitted by Special Permit. A special permit under this section may authorize the following types of signs at specified locations. (a) I-290 Visibility Signage. In order to enhance visibility for uses within the DLB district from Interstate 290 on the north side of the interstate, a property owner may seek special permit approval for a sign that is coordinated for the entire district to project above the highest line of the roof, or to be mounted on the roof of the building, or on one freestanding pole, monument, or pylon sign designed for visibility from Interstate 290, or one off-premise sign location within the district for one freestanding pole, monument, pylon, or digital display sign when such a location has been identified and is available for such for the purpose of improving business visibility from Interstate 290. The total number not to exceed one (1) sign for the entire district. A sign under this sub-section shall be subject to the following requirements: i. Sign design shall conform with § 526-9C unless waived by the City Council; ii. Message board signs are prohibited for special permit sign locations; iii. No freestanding sign shall be located closer than five feet to any property line; IN CITY COUNCIL 11 AUGUST 19, 2024 iv. Signs, logos or cabinets should be externally illuminated where possible, otherwise with translucent or transparent faces if no reasonable alternative is possible; and v. Sign location shall be integrated with landscaping into the overall site design, should not require clearance of trees or pose a risk to roadway safety. (b) District Gateway Signage. In order to enhance visibility and wayfinding for the district at district gateways in a coordinated manner, a property owner may seek special permit approval for signs coordinated for the entire district at the principal points of entry to the district. The sign may be on one (1) freestanding pole, or a monument, ground, or pylon sign, that is coordinated for the entire district at the principal points of entry to the district. The total number not to exceed (3) signs for the entire district. A sign under this sub-section shall be subject to the following requirements: i. Additional secondary directional signs may also be approved by the City Council; ii. The signs shall be coordinated in design and material and feature a reasonable number of individual tenants in a hierarchy that reinforces an identity for the district; iii. The signs shall be designed in such a way that individual tenants can be changed to keep signs relevant and up to date with uses in the district; iv. The total allowed illuminated cabinet square feet of signage shall not exceed 200 square feet per side, per freestanding sign; v. The height of any freestanding sign shall not exceed 30 feet from the ground measured directly at the sign base; vi. No freestanding sign shall be located closer than five feet to any property line; vii. Sign, logos, or cabinets may be either externally illuminated or internally illuminated with translucent or transparent faces; viii. Sign location shall be integrated with landscaping into the overall site design, should not require clearance of trees or pose a risk to roadway safety; and ix. Signage profile shall be tall and narrow. A structural frame that is engineered to site specifications and sign materials that may include stone, brick, aluminum, or other metal materials to match the district identity. H. Application. (1) Special permits. An application for a special permit for a use in a development in the Donald Lynch Boulevard District shall comply with the requirements of § 650-59 of the Zoning Ordinance. (2) Site plan approval. An application for site plan approval in the Donald Lynch Boulevard District shall comply with the requirements of Chapter 270 of the City Code, Article II, Permits and Approvals, § 270-2. IN CITY COUNCIL 12 AUGUST 19, 2024 I. Site plan; special permit approval review criteria. An application for site plan approval or special permit approval in the Donald Lynch Boulevard District under this section shall adhere to the following review criteria, in addition to those specified in § 270-2 of the Marlborough City Code: (1) Compliance of the design with the Design Standards in the above subsection F; (2) Compliance of sidewalks and paths with Americans with Disabilities Act (ADA) design standards; (3) The placement of utilities and wiring underground, to the extent practical; (4) The placement of HVAC equipment, fans, generators, and other site-related structures and items so that they are not visible on roofs or building frontage areas, or that such features are suitably screened from view wherever reasonably practicable and where elevation permits; (5) Enhanced pedestrian amenities with sidewalks providing access from internal site uses to Donald Lynch Boulevard, property adjacent sidewalks or trails, between parking areas and uses, between abutting properties, to adjacent natural assets and amenities, and to outdoor open spaces on the property or abutting the property; (6) All lighting proposed shall be sensitive to the night sky, utilizing Illuminating Engineering Society of North America (IESNA) guidance for any lighting design; (7) Submission requirements, in addition to those specified in § 270-2 of the Marlborough City Code: (a) Site plan depicting proposed development, buildings, parking, vehicular, pedestrian, and bicycle circulation, and outdoor open spaces; (b) Building elevations; (c) Landscape plan; (d) Lighting plan with photometrics; and (e) Site and building signage plan. J. Standards for roadways and drainage. (1) Roadways. Internal Donald Lynch Boulevard District roadways and site circulation shall be private ways and shall be maintained by owners/developers. New private ways within the Donald Lynch Boulevard District, to the extent feasible, shall be constructed using the methods and materials prescribed in the City of Marlborough Subdivision Regulations, but shall not be required to conform to the dimensional requirements thereof, provided that those private ways shall be adequate for the intended vehicular and pedestrian traffic and shall be maintained by the owner/developer or an association of owners. The design of private ways and parking circulation shall be as efficient as possible to reduce the overall development impact and area of impervious surfaces. IN CITY COUNCIL 13 AUGUST 19, 2024 (2) Stormwater management system. On a Development Lot, the following requirements shall only apply to that portion of the Development Lot that is proposed to be redeveloped. Developments proposed in the Donald Lynch Boulevard District shall have a stormwater management system designed in accordance with the City of Marlborough Subdivision Regulations, the Department of Environmental Protection’s Storm Water Handbook, and the Standards and the City’s Stormwater Ordinance (Chapter 271 of the City Code), as amended. The stormwater design shall infiltrate all stormwater on site and avoid run-off onto adjacent properties and is encouraged to integrate low impact development techniques and green infrastructure such as porous pavement, bioswales, rain gardens, or other surface stormwater treatment features that are integral to the function of the site’s stormwater management and highlighted as a landscape feature. IV. The Zoning Map described in § 650-8 is amended as shown in the accompanying Map (Exhibit C). The newly established Donald Lynch Boulevard District shall include all or portions of the properties shown on the Map existing at the passage of this Ordinance, which properties include the following parcels of land (herein identified by the Assessors’ Map and Parcel Number): Map 13, Parcels 2, 3, 4, 4A, 5, 5A, 6, 7, 8, and Map 25, Parcels 1, 4, 4A, 5, 6, and Map 26, Parcels 1, 1A, 7, 8, 9, 20, 21A, 21B, 22, 23, 24, 25, 26, 29, 30, 31, 32, and Map 38, Parcels 1B, 1C, 2, 3, 4, 5, 6, 7, and Map 39, Parcels 29A, and Map 50, Parcels 1, 2, 3A, 3B, 3C, 3D, 3E, 4A, 4B, 4C, 7, 7B, 7C, 7D, 8, 9, and Map 51, Parcels 5, 6, 7, and Map 63, Parcel 900. V. The City Clerk is authorized to assign other numbering for the new section 650-39.2 as deemed appropriate for sequential ordering in the Zoning Ordinance. VI. The effective date of these amendments shall be the date of their passage. APPROVED; adopted. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening. IN CITY COUNCIL 14 AUGUST 19, 2024 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: Resident Drop-Off Station Attendant (40 hours per week) STEP HOURLY DAILY PERIOD ANNUAL RATE RATE SALARY SALARY 0 $22.16 $177.32 $1,773.16 $46,102.16 1 $22.95 $183.62 $1,836.21 $47,741.41 2 $23.78 $190.23 $1,902.28 $49,459.28 3 $24.63 $197.03 $1,970.30 $51,227.70 II. This ordinance shall supersede and replace any existing rate for said position(s) (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. 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: Junior Civil Engineer (40 hours per week) STEP HOURLY DAILY PERIOD ANNUAL RATE RATE SALARY SALARY 0 $35.63 $285.03 $2,850.26 $74,106.66 1 $36.76 $294.12 $2,941.18 $76,470.58 2 $39.03 $312.21 $3,122.08 $81,174.08 3 $41.48 $331.82 $3,318.18 $86,272.78 II. This ordinance shall supersede and replace any existing rate for said position(s) (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 15 AUGUST 19, 2024 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 City Code, relative to the position of Junior Civil Engineer, APPROVED; adopted. 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 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Start 6 months 1 year 2 years 3 years 4 years 5 years of of service of service of service of service of service service Commissioner DPW $159,000.00 $162,500.00 $166,000.00 $169,500.00 $173,000.00 $176,500.00 $180,000.00 Assistant Commissioner DPW $131,000.00 $134,000.00 $137,000.00 $140,000.00 $143,000.00 $146,000.00 $149,000.00 City Engineer $131,000.00 $134,000.00 $137,000.00 $140,000.00 $143,000.00 $146,000.00 $149,000.00 Capital Projects Manager $131,000.00 $134,000.00 $137,000.00 $140,000.00 $143,000.00 $146,000.00 $149,000.00 II. The effective date for the above salary schedule shall be September 1, 2024. All positions to start at Step 1 including incumbent position holder. III. The above positions are 40 hours per week. IV. This ordinance shall supersede and replace any existing rate for said position(s) (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. Councilor Ossing Opposed  IN CITY COUNCIL 16 AUGUST 19, 2024 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 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Start 6 months 1 year 2 years 3 years 4 years 5 years of of service of service of service of service of service service Reference Librarian (Part-Time) $25.90 $26.42 $27.48 $28.03 $28.60 $29.17 $29.75 II. The effective date for the above salary schedule shall be September 1, 2024. Starting step to be commensurate with incumbents current step. III. This ordinance shall supersede and replace any existing rate for said position(s) (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. Councilor Ossing Opposed 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 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Start 6 months 1 year 2 years 3 years 4 years 5 years of of service of service of service of service of service service Assistant Library Director $80,621.00 $82,243.00 $83,886.00 $85,571.00 $87,278.00 $89,024.00 $90,813.00 II. The effective date for the above salary schedule shall be September 1, 2024. Position to start at Step 1 including incumbent position holder. III. The above position is 40 hours per week. IV. This ordinance shall supersede and replace any existing rate for said position(s) (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. Councilor Ossing Opposed IN CITY COUNCIL 17 AUGUST 19, 2024 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 City Code, relative to the position of Capital Projects Manager, APPROVED; adopted. Motion by Councilor Preciado, seconded by the Chair to adopt the following: ORDERED: RECREATIONAL FACILITIES BOND That the sum of $1,000,000.00 (one million dollars) be and is hereby appropriated for the construction, reconstruction and/or improvement of municipal pools, splash pads and recreational facilities. That to meet said appropriations, the Comptroller/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $1,000,000.00 under and pursuant to the provisions of Chapter 44, Section 7(1) of the Massachusetts General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City of Marlborough (the “City”) therefor; that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the Massachusetts General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. POSTPONED TO SEPTEMBER 9, 2024, CITY COUNCIL MEETING; adopted. Motion by Councilor Navin, 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 9:17 PM; adopted.