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, OCTOBER 7, 2024 The regular meeting of the City Council was held on Monday, October 7, 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 8:35 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, SEPTEMBER 23, 2024, FILE; adopted. That the PUBLIC HEARING on the Application for Special Permit from Attorney Brian Falk, on behalf of BMB Health & Nutrition, LLC, for a new fitness, wellness, and nutrition center, with a gym, cafeteria-style food service, locker rooms, and accessory wellness facilities located on the first floor of an existing multi-tenant commercial building at 397 Williams Street, Order No. 24-1009253, all were heard who wish to be heard, hearing closed at 8:16 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Ossing, Oram & Robey. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from Councilors Ossing & Navin, re: Municipal Aggregation – September 2024 Update, 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” to add a new section the “Multi-Family MBTA Housing Overlay District” relative to Multi-Family Zoning Requirements for MBTA Communities, in proper legal form, Order No. 23/24-1008909C, MOVED TO REPORT OF COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor, Jeremy McManus, re: Application from ViewPoint Sign and Awning on behalf of Best Western Royal Plaza Hotel for replacement of a Free-Standing EMC Sign at 181 Boston Post Road West, in proper legal form, Order No. 23-1009035A, MOVED TO REPORT OF COMMITTEE; adopted. IN CITY COUNCIL 2 OCTOBER 7, 2024 Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Clerk Steven Kerrigan, re: State 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: Election Information – 2024 State Election, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Planning Board, re: Favorable Recommendation on the Proposed Zoning Amendment to Chapter 650 to add a new section to create the Multi-Family MBTA Housing Overlay District (MFMHOD), FILE; adopted. Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY OCTOBER 21, 2024, as the DATE FOR PUBLIC HEARING, on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Broad Street. Beginning at a point approximately 200’ Northwest of the centerline of the intersection of West Main Street. National Grid to install a 45’ class 2 mid span pole (P 3-75) to support a 900 kVAR advanced cap bank; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Albert Costa, re: Changes to Site Plan, 28 South Bolton Street, referred to URBAN AFFAIRS COMMITTEE; 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, September 5, 2024. Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs & Housing Committee Tuesday, September 24, 2024 Minutes & Report Urban Affairs & Housing Committee voting members present were Chairman Katie Robey, Councilor Navin, Councilor Doucette, Councilor Landers, and Councilor Preciado. Also present were Councilors, Fuccillo, Oram, and Ossing. Those present for the applicants are listed with the Orders below. The meeting was broadcast live via WMCT-TV (Comcast Channel 8 or Verizon/Fios Channel 34) and is available for viewing using the link under the Meeting videos tab on the homepage of the city's website (www.marlborough-ma.gov). Order No. 23-1009035 Communication from ViewPoint Sign and Awning on behalf of Best Western Royal Plaza Hotel for replacement of freestanding EMC Sign at 181 Boston Post Road West IN CITY COUNCIL 3 OCTOBER 7, 2024 Reports of Committee Continued: Present for the applicant was Mr. Arthur Correa, Best Western General Manager. The chair went through the history of this application for the EMC Sign and the need for the variance from the Planning Board that was approved on July 22, 2024. She then read through the Special Permit language where the following were suggested to be amended: Finding #8 agreed to amend to include specific language from the Planning Board variance. On July 9, 2024, the City of Marlborough Planning Board received an application for a Variance. After a Public Hearing held on July 22, 2024, the Planning Board granted a specific waiver on allowable square footage under §526-13b(3) electronic message center signs; digital display signs, allowing a total of 40 square feet, with the understanding that the sign will meet the requirements of the ordinance and that the entire sign will be brought into compliance with the ordinance then in effect no longer than 10 years from July 23, 2024. Finding #10 agreed to amend to reflect details on the Urban Affairs meeting on Sept. 24. The Urban Affairs and Housing Committee held a meeting on the Application on Tuesday, September 24, 2024. During discussion of the conditions, Councilor Doucette questioned whether company logos qualified as a picture. The chair stated she would refer this to solicitor to check but will note as information, that 526-13 does state in #8 Effects, "The message shall be limited to alphanumeric characters, one color per message. Displaying videos or simulated images is prohibited on a digital display sign or EMC sign." Councilor Doucette moved to recommend approval of the Decision on an LED Sign Special Permit for Viewpoint Sign & Awning for Royal Plaza Marlborough as amended, it was seconded, and vote carried 5-0. The chair stated she will ask Solicitor to see if this can be in proper form for the October 7th agenda and if so, will ask for Suspension to vote on it at that meeting. Order No. 24-1009228: Application for Special Permit from Attorney Pamela Brown on behalf of Ambidextrous Ventures, LLC for a proposed pickleball facility with six (6) indoor courts, a small practice court, pro shop, and restroom facilities along with an outdoor court, picnic area and seventy-six (76) parking spaces to be constructed at 119 Airport Blvd. Unit 11. Present for this application were Attorney Brown and Elaine Chin and Steve Soares, owners Ambidextrous Ventures, LLC. Attorney Brown handed out copies of revised plans. The chair read through the comments of the city department heads and then began reviewing the draft Special Permit with amendments as listed: 1.) In the Finding of Facts, there are duplicate #4, so the numbering needs to be adjusted. 2.) In the first #4, amend "referenced in Paragraph 4 below to read Paragraph 5 below. In the second #4, check dates and add in to Proposed Site Plan "revised September 10, 2024" and check on the Architectural Plans to see if they are dated June 19, 2024. Also correct typo “Proposed Landscape Plan of Use Area #1 119. 3.) Finding of Facts #10, correct MGL Chapter 401A to be 40A and add in date of Monday, September 19, 2024, for when hearing was closed. 4.) Conditions #7, add in the number 5 before inches and the number 24 before hours. 5.) Conditions #8, per city engineer's comments add in "and Infiltration Systems" with solicitor determining if it should just be title or also in the sentence. IN CITY COUNCIL 4 OCTOBER 7, 2024 Reports of Committee Continued: 6.) Conditions #9 Snow Storage-strike "primarily" before the words "on impervious surfaces" and in (a) insert "winter months" after peak and delete "periods (November 1 through January 1). 7.) Conditions #11 in third sentence strike "except for vehicles belonging to employees who are working." Add in a new (f) to correct the lettering sequence that reads, "No person using the Pickleball Facility shall park in the cul-de-sac or anywhere on Airport Blvd." or something similar per the solicitor. 8.) Conditions #12. There was discussion on what "sport and recreation activities" meant with concern this could be turned into some other type of facility. The applicants want to allow corn hole, darts, and/or ping pong onsite and the committee was ok with letting solicitor come up with wording that allows those as ancillary, but not main activity. 9.) Conditions #13. Agreed after much discussion to put in hours of operation; change title to Hours of Operation and insert "The hours of operation for the Indoor Facility shall be 5:30 am to 12 midnight. The hours of operation for the Outdoor court shall be between dawn, or no earlier than 7 am, and dusk, or no later than 9 pm." It was agreed to let solicitor decide if it was necessary to have both between dawn and dusk and specific hours. and if we need to keep any of the current language re terms of operation in the special permit. 10.) Conditions #15-Correct typo-"are made a part of an incorporated herein" to read ".and incorporated." 11.) Conditions # 18-Serving of Alcoholic Beverages. There was much discussion on this both on if we should limit hours and where it should be served. Committee agreed to insert in (d) hours from 11 am to midnight. It was agreed that (a) would be amended to allow alcohol to be served within the building adding in per the License Board approval and deleting (b) with the sentence letters reconfigured. Nothing was changed per food, but the applicants were advised they need to go to Board of Health for a permit. Although no amendments were made to the language, when discussing Condition #6 Screening for Abutters, Councilor Oram asked about the wording "infill vegetated landscaping" and was told it just meant they would be adding additional planting to what is already there. Councilor Preciado did also suggest that more trees be planted around the building to help with screening, and he would offer suggestions for native trees. Councilor Doucette moved to recommend approval of the Decision to Grant a Special Permit as amended, it was seconded and carried 5-0. The chair stated she would get this to solicitor for his review in hopes it can be in proper form for our October 7th Council meeting. If it is, she will ask for a Suspension to vote on that evening. Councilor Doucette moved to adjourn, the motion was seconded, and the vote carried 5-0. The meeting adjourned at 9:00 PM. IN CITY COUNCIL 5 OCTOBER 7, 2024 Reports of Committee Continued: City Council Urban Affairs & Housing Committee Monday, September 30, 2024 – 7:30 PM Minutes & Report Urban Affairs & Housing Committee voting members present were Chairman Katie Robey, Councilor Navin, Councilor Doucette, Councilor Landers, and Councilor Preciado. Also present were Councilors Fuccillo, Irish, and Ossing. The meeting was broadcast live via WMCT-TV (Comcast Channel 8 or Verizon/Fios Channel 34) and is available for viewing using the link under the Meeting videos tab on the homepage of the city's website (www.marlborough-ma.gov). Order No. 23/24 1008909B: Proposed Zoning amendment to Chapter 650 "Zoning" to add a new §37A "Multi-family MBTA Housing Overlay District" relative to Multi-family Zoning Requirements for MBTA Communities. The chair stated that members received an updated copy of the draft language and District Map along with July 18, 2024, letter from solicitor, the Council’s August 19, 2024, public hearing minutes, and the Planning Board's favorable recommendation on the draft language. She then began reading through the language stating after reading the Purpose that she wouldn't read verbatim the whole document as everyone had copies. She did offer a few minor changes to the document: 1. In E Site Plan Authority/Special Permit Granting Authority #2, strike "Department of Housing and Community Development's" and insert "Executive Office of Housing and Livable Communities'" 2. In K Storm Water Management System- insert "MA" in front of the word "Department" 3. In L (2) Subsidized Housing Inventory-strike "DHCD's" and insert "state's." The committee members approved these minor changes via unanimous consent. Councilor Navin moved to recommend approval of the draft language as amended for Order 23-24 1008909B to add in a new Section 37A Multifamily MBTA Housing Overlay District; it was seconded, and vote carried 5-0. Councilor Doucette moved to adjourn, the motion was seconded, and the vote carried 5-0. The meeting adjourned at 7:59 PM. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor, Jeremy McManus, re: Application from ViewPoint Sign and Awning on behalf of Best Western Royal Plaza Hotel for replacement of a Free-Standing EMC Sign at 181 Boston Post Road West, in proper legal form, Order No. 23-1009035A, FILE; adopted. IN CITY COUNCIL 6 OCTOBER 7, 2024 Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: DECISION ON A LED SIGN SPECIAL PERMIT ROYAL PLAZA MARLBOROUGH LLC ORDER NO. 23/24-1009035B Application of: Royal Plaza Marlborough LLC Locus: 261 Boston Post Rd. West Parcel 78 on Assessors Map 1 The City Council of the City of Marlborough hereby GRANTS the application for a LED Sign Special Permit to Royal Plaza Marlborough LLC (the “Applicant”) for the property located at 261 Boston Post Road West, Marlborough, Massachusetts, as provided in this Decision and subject to the following Procedural Findings, Findings of Facts and Conditions. PROCEDURAL FINDINGS 1. The Applicant is the owner of the property located at 261 Boston Post Road West in Marlborough, Massachusetts, as shown on the Marlborough Assessors Maps as Map 78, Parcel 1 (the “Site”). The Applicant operates the Best Western Royal Plaza Hotel and Trade Center at the Site. 2. By application dated January 10, 2024, the Applicant submitted a LED Sign Special Permit Application, pursuant to Section 526-13 of the Code of the City of Marlborough entitled, “Electronic Message Center Signs; Digital Display Signs” (the “EMC and Digital Display Sign Ordinance”), to replace the existing electronic message center sign and operate a new one of the same size (the “Sign”) at the Site (the “Application”). 3. In connection with the Application, the Applicant submitted a photograph of the Site depicting the sign as presently installed on the Site, as well as sign specifications of the proposed Sign attached hereto as “Attachment A”. 4. The Marlborough City Council held a public hearing for the Application on Monday, February 12, 2024. The Applicant, through its representatives, presented testimony at the public hearing detailing the Sign. No individual in attendance at the public hearing spoke in opposition to the Sign. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with all the rules and regulations promulgated by the Marlborough City Council as they pertain to an application for a LED sign special permit under Section 526-13 of the Sign Ordinance. B. The Applicant received a sign variance dated July 22, 2024, from the Marlborough Planning Board to approve the Sign’s display area of 40 square feet (the “Variance”). The Variance expires on July 23, 2034. C. The City Council finds that the Sign, with the Variance applied, complies with the standards set forth in Section 526-13.B of the Sign Ordinance. IN CITY COUNCIL 7 OCTOBER 7, 2024 D. The City Council finds, pursuant to Section 526-13.B(16) of the Sign Ordinance, that: all other signage on the Site is in compliance with zoning requirements; the Sign does not create unnecessary visual clutter or constitute signage overload for the lot or surrounding neighborhood or street; the Sign does not substantially block visibility of signs on abutting lots; the Sign does not substantially block solar access of, or view from, windows of residential dwellings on abutting lots; the proposed illumination is appropriate to the Site and is appropriately located with respect to the character of the surrounding neighborhood; the scale and/or location of the Sign is appropriate; and the Variance allows the dimensions of the Sign. E. The City Council, pursuant to its authority under Section 526-13 of the Sign Ordinance, hereby GRANTS the Applicant a LED Sign Special Permit for the Sign, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. The Sign shall be operated in accordance with the Sign Ordinance of the City of Marlborough, including that the Sign shall at no time show or depict any picture, whether moving or static pursuant to Section 526-13.B(8) of 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/hearing process before the City Council and/or the City Council’s Urban Affairs Committee, are incorporated into and become part of this LED Sign Special Permit, and become conditions and requirements of the same, unless otherwise altered by the City Council. Yea: 11– Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Oram, Ossing & Robey. 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” to add a new section the “Multi-Family MBTA Housing Overlay District” relative to Multi-Family Zoning Requirements for MBTA Communities, in proper legal form, Order No. 23/24-1008909C, FILE; adopted. IN CITY COUNCIL 8 OCTOBER 7, 2024 Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: THAT, PURSUANT TO SECTION 5 OF CHAPTER 40A OF THE GENERAL LAWS, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT CHAPTER 650 OF THE CODE OF THE CITY OF MARLBOROUGH, AS MOST RECENTLY AMENDED, BE FURTHER AMENDED AS FOLLOWS: I. Chapter 650 is hereby amended by inserting a new Section 650-37A, as follows: MULTI-FAMILY MBTA HOUSING OVERLAY DISTRICT A. Purpose. The purpose of the Multi-Family MBTA Housing Overlay District ("MFMHOD") is to provide for multi-family housing by right and to comply with MGL c. 40A, s. 3A relative to MBTA Communities. This section shall be applied to encourage the development of multi- family housing while supporting vibrant neighborhoods and proximity to the downtown and other areas of commercial activity. The goals of the MFMHOD include enhancing land use development and encouraging desired residential growth patterns for the benefit of the public health, safety and welfare and to allow for the development of higher density housing in close proximity to commercial uses consistent with the stated economic development objectives of the City. B. Establishment and Applicability (1) The MFMHOD allows the application of supplemental land use controls within the boundaries of a certain overlay district, subject to City Council approval as provided herein, as an alternative to land use controls that exist in the underlying zoning district(s). The MFMHOD shall be superimposed on the other zoning districts existing at the time that any land in any said underlying district is also included in the MFMHOD. The provisions of this section apply only to developments located entirely within the MFMHOD where the property owner has elected to comply with the requirements of the MFMHOD, rather than complying with those of the underlying zoning district. (2) Boundaries/Sub-Districts. The MFMHOD boundaries are depicted on the Zoning Map and more particularly described in Exhibit A, annexed hereto and incorporated by reference herein. The MFMHOD is further divided into the following three (3) separate subdistricts as depicted on the City Zoning Map and described in Exhibit A hereto: (a) MFMHOD – Royal Crest/Briarwood; (b) MFMHOD - Lincoln/Mechanic; and (c) MFMHOD – Simarano. (3) Exclusivity/Control. Except as specifically provided herein, uses and provisions of Article V of Chapter 650 (Zoning) relating to the underlying zoning district not otherwise impacted by this section shall continue to remain in full force and effect; provided, however, that the City Council shall be the special permit granting authority and the site plan approval authority, if applicable. This section of the Zoning Ordinance exclusively controls the establishment, development, and design of any development undertaken in the MFMHOD and supersedes any other provision of the Zoning Ordinance (except the provisions of the Water Supply Protection District, if applicable). In the event of any conflict between the provisions of this section and any other provision of the Zoning Ordinance, the provisions of this section shall govern and control. IN CITY COUNCIL 9 OCTOBER 7, 2024 C. Definitions. The following definitions shall apply solely in the MFMHOD. (1) ''Multi-family housing'': Shall have the meaning set forth in MGL c. 40A, s. 1A, as amended, which currently defines it as follows, a building with 3 or more residential dwelling units or 2 or more buildings on the same lot with more than 1 residential dwelling unit in each building. (2) “MFMHOD Affordable Unit”: A multi-family housing unit that is subject to a use restriction in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both. D. Eligible uses. (1) Uses Permitted As of Right. In the MFMHOD, the following uses shall be permitted by right, subject to site plan review in accordance with this section: (a) Multi-Family Housing; and (b) Accessory residential uses are permitted to the same extent they are permitted in the underlying zoning district. (2) All developments under this section shall include multi-family housing. All residential uses under this section shall be multi-family housing. (3) Developments may also include nonresidential uses permitted in an underlying zoning district either as of right or by special permit in accordance with §650-17 of the Zoning Ordinance. If a nonresidential use requires a special permit under §650- 17, Table of Use Regulations, such use shall continue to require a special permit under this section. E. Site Plan Authority / Special Permit Granting Authority (1) In all instances, a development which proceeds under the MFMHOD is subject to site plan approval in accordance with §270-2 of the Marlborough City Code, with the exception that the City Council shall be the permit granting authority for site plan approval. The City Council shall also be the special permit granting authority for any special permits (if applicable) under the MFMHOD. (2) All site plan review standards applicable to developments under this section shall be consistent with the purposes of this section and the Commonwealth of Massachusetts Executive Office of Housing and Livable Communities’ Compliance Guidelines for Multi-family Zoning Districts Under Section 3A of the Zoning Act as amended. (3) In performing site plan review, the City Council may employ the services of qualified professional consultants as provided under MGL c. 44, §53G, as amended, entitled "Employment of outside consultants." These services may include those of an urban designer, architect and/or landscape architect. IN CITY COUNCIL 10 OCTOBER 7, 2024 F. Dimensional Requirements Notwithstanding anything to the contrary in this Chapter, the dimensional requirements applicable in the MFMHOD are as follows: Minimum Lot Area 5,000 square feet Minimum Lot Frontage 50 feet Minimum Side Yard 25 feet Minimum Front Yard 30 feet Minimum Rear Yard 25 feet Height 4 Stories; 52 feet maximum Maximum Lot Coverage 80% (% of Lot) Minimum Open Space (% 20% (including areas within front, side and rear of Lot) yard setbacks) Maximum Dwelling Units MFMHOD – Royal Crest/Briarwood: 15 units per per Acre By Sub-District acre MFMHOD -- Lincoln/Mechanic: 15 units per acre MFMHOD – Simarano: 19 units per acre. G. Parking requirements. Except as otherwise provided in this section, parking and circulation requirements shall conform with the provisions of Section §650-48 of the Zoning Ordinance. (1) General. In the MFMHOD, adequate off-street parking shall be provided. The City Council and the applicant shall have as a goal for the purposes of defining adequate off-street parking, making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. (2) Parking Locations. Parking may be provided at ground level, underground or in a parking garage. Parking garages can be free standing or as part of buildings dedicated to permitted uses. (3) Parking Spaces for Each Dwelling Unit. There shall be a minimum of one (1) parking space for each dwelling unit. Where feasible, sharing of parking shall be encouraged among the various uses in the MFMHOD. (4) Granting of Relief from Parking Regulations. The City Council may waive any of the foregoing requirements or the requirements of §650-48 if it makes a finding that to do so will enhance the overall design of the MFMHOD. H. Open Space. Acceptable activities within the minimum required Open Space include natural areas (including wetlands and surface waters), wildlife and native plant habitat, landscape plantings, agricultural activities, low-impact design stormwater management, non-motorized trails, and other low-impact activities. Open Space shall not contain habitable structures. Any requirement in Chapter 650 requiring landscaped areas for multi-family uses shall not increase the amount of minimum open space required in the MFMHOD as set forth above. I. Signage. (1) Except as otherwise provided in this section, signage shall conform with the provisions of Chapter 526 of the Marlborough City Code - the Sign Ordinance. IN CITY COUNCIL 11 OCTOBER 7, 2024 (2) Granting of relief from signage regulations. The City Council may waive any of the requirements of the Sign Ordinance if it makes a finding that to do so will enhance the overall design of the MFMHOD. J. Roadways. Internal MFMHOD roadways shall be private ways and shall be maintained by the owners/developers of the MFMHOD and portions thereof. Private ways within the MFMHOD, to the extent feasible, shall be constructed using the methods and materials prescribed in the Rules and Regulations for the Subdivision of Land in the City, but shall not be required to conform to the dimensional or material requirements thereof, provided that those private roadways shall be adequate for the intended vehicular and pedestrian traffic and shall be maintained by the owner/developer or an association of owners. K. Storm Water Management System. The MFMHOD shall have a stormwater management system designed in accordance with the Rules and Regulations for the Subdivision of Land in the City and the Commonwealth of Massachusetts Department of Environmental Protection's Storm Water Management Guidelines, as amended. This system shall be privately maintained. L. MFMHOD Affordability Requirements. (1) In the MFMHOD, notwithstanding anything to the contrary in this chapter (including section 650-26), the following requirements shall apply to all multi- family housing with eight (8) or more dwelling units (including, if otherwise allowed by this section, any multi-family housing that is part of a mixed-use development or combined with any other nonresidential use), whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion. No development may be divided or phased to avoid the requirements of this section. Compliance with this section shall be made a condition of any special permit or site plan approval that is required for the development. (2) Subsidized Housing Inventory. All MFMHOD Affordable Units must be eligible for listing on the Commonwealth of Massachusetts’ Subsidized Housing Inventory. The MFMHOD Affordable Units shall be available to households earning income up to 80% of the area median income for the metropolitan statistical region that includes the city of Marlborough, as defined by the U.S. Department of Housing and Urban Development. MFMHOD Affordable Units shall remain affordable as set forth herein in perpetuity. (3) Provision of Affordable Units. For all developments set forth in subsection (L)(1) above, no less than ten percent (10%) of housing units constructed shall be MFMHOD Affordable Units. For purposes of calculating the number of MFMHOD Affordable Units required, 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. (4) Local preference. The development plan shall provide that all legally permissible efforts shall be made to provide 70% of the MFMHOD Affordable Units to eligible residents of the city of Marlborough. IN CITY COUNCIL 12 OCTOBER 7, 2024 (5) Development Standards. MFMHOD Affordable Units shall be: (a) Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots; (b) Dispersed throughout the development; (c) Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or Electric Vehicle charging stations) within the development; (d) Located such that the units have equal avoidance of any potential nuisances as market-rate units within the development; (e) Distributed proportionately among unit sizes; (f) Distributed proportionately across each phase of a phased development; and (g) Occupancy permits may be issued for market-rate units prior to the end of construction of the entire development provided that occupancy permits for MFMHOD Affordable Units are issued simultaneously on a pro rata basis. M. Application. (1) An application for site plan approval shall comply with the requirements of the City Code, Chapter 270, Article II, Permits and Approvals, §270-2 et seq. An application for a special permit for a use in the MFMHOD shall comply with the requirements of §650-59 et. seq. of the Zoning Ordinance. (2) The City Council in connection with a special permit and/or site plan application shall review such applications with respect to the following design criteria: a) Compliance of sidewalks with Americans with Disabilities Act (ADA) Design Standards; b) Street facade and exterior walls visible from public ways; c) Public space; d) Scale of buildings; and e) External lighting. Concurrent with any public hearing/meeting associated with a special permit and/or site plan filing, the applicant shall make a presentation to the City Council to present the proposed architectural design and shall consider the comments and input from the City Council. A building elevation shall be submitted prior to the close of the public hearing/meeting. N. Amendments. After approval, the owner/developer may seek amendments to the approved permits. Minor amendments to a special permit/site plan may be made with approval by the Building Commissioner. A major amendment, consisting of any changes not approved as a minor amendment, shall be approved by a majority vote of the City Council. It shall be a finding of the City Council, not subject to dispute by the applicant, whether a requested amendment is deemed to be a minor or major amendment. In general, a minor modification shall not produce more than an immaterial increase in the scale of a project nor produce more than an immaterial increase in impact on City services, the environment, or the neighborhood. If it is determined that revisions to a special permit are not minor, per § 650-59 of the Zoning Ordinance, an application for an amended special permit shall be filed, and a public hearing shall be held in the same manner as required for a new application, subject to the fee schedule under Subsection C(3)(f) of §650-59. IN CITY COUNCIL 13 OCTOBER 7, 2024 II. By amending Chapter 650 (Zoning), Section 650-26 (Affordable Housing), by inserting a new sub-section (A)(3) to read as follows: (3) This section (650-26) shall not apply to the MFMHOD or any sub-district in the MFMHOD. III. The City Clerk is authorized to assign other numbering for the new section 650-37A as deemed appropriate for sequential ordering in the Zoning Ordinance. Exhibit "A" The MFMHOD shall include all or portions of the properties shown on the Zoning 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), as designated below for each MFMHOD sub-district: MFMHOD – Royal Crest/Briarwood: 45-58 45-63A 45-52 45-63 MFMHOD - Lincoln/Mechanic: 69-334 69-336 69-340 MFMHOD – Simarano: 116-12 116-13 116-11 116-5 The accompanying map shows the MFMHOD and each sub-district therein. 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 14 OCTOBER 7, 2024 Motion by Councilor Irish, 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. DENIED; adopted. Motion by Councilor Preciado, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request from Undesignated Fund (Free Cash) to Recreation Facilities in the amount of $858,941.00 (Eight hundred fifty-eight thousand, nine hundred forty-one dollars) for the purposes of the reconstruction of the Farrell Wading Pool, be and is herewith POSTPONED TO OCTOBER 21, 2024, CITY COUNCIL MEETING; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW/Recreation FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $19,112,888.00 $858,941.00 10000 35900 Undesignated Fund $858,941.00 19300006 58718 Recreation Facilities $0.00 Reason: To fund Farrell pool project $858,941.00 Total $858,941.00 Total 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 8:35 PM; adopted.