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 21, 2024 The regular meeting of the City Council was held on Monday, October 21, 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 8:28 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, OCTOBER 7, 2024, FILE; adopted. That the 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, Order No. 24-1009279, all were heard who wish to be heard, hearing closed at 8:02 PM; adopted. 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 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, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The location must be marked out and inspected by the Engineering Division prior to the work, and final road opening permit approval will be granted by the Engineering Division only if sufficient accessibility clearance will be provided between the new pole location and the existing retaining wall at the back of 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. IN CITY COUNCIL 2 OCTOBER 21, 2024 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. 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. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Tax Increment Financing (TIF) Agreement with Global Life Sciences USA. LLC (Cytiva) and Atlantic-Marlborough Realty IV, LLC, a global science, and technology company who plans to expand their operation in Marlborough at 100 Results Way, referred to FINANCE COMMITTEE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Extension of Temporary Appointment pursuant to MGL Chapter 41 §61A of Theodore L. Scott as Interim Commissioner of the Department of Public Works for an additional 60-day term to expire December 16, 2024, FILE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Extension of Temporary Appointment pursuant to MGL Chapter 41 §61A of David Williams as Interim Comptroller/Treasurer effective September 30, 2024, to expire on November 15, 2024, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor, Jason Grossfield, re: Application for Special Permit from 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 Boulevard, Unit 11, in proper legal form, Order No. 24-1009228A, FILE & MOVE TO ITEM 11; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from MEDC Executive Director Meredith Harris, re: EDIP/TIF Compliance Report CY23/FY24, FILE; adopted. IN CITY COUNCIL 3 OCTOBER 21, 2024 Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted. a) School Committee, June 25, 2024, July 24, 2024, August 27, 2024, September 10, 2024 & September 24, 2024. b) Conservation Commission, September 19, 2024. c) Council on Aging, September 10, 2024. d) Historical Commission, June 20, 2024. e) Planning Board, July 22, 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) Joyce Lyman, 212 Elm Street, pothole or other road defect. Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs & Housing Committee Wednesday, October 16, 2024 – 7:30 PM Minutes & Report 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). Urban Affairs & Housing Committee voting members present were Chairman Katie Robey, Councilor Navin, Councilor Doucette, and Councilor Landers. Councilor Preciado was absent. Also present were Councilors Brown, Fuccillo, Irish, and Ossing. Order No. 24-1009280: Communication from Albert Costa re Changes to Site Plan, 28 South Bolton Street (Order 18-1007317B). Present for applicant were- Mr. Costa and Jennifer Joss from Albert Costa Architects; Srinivas DeSaneedi, property owner; Ray Busser, structural engineer; Anthony Crugnale, contractor; and Vito Colonna, Connorstone Engineering. The chair opened the meeting. Councilor Ossing stated that the building department had met with Mr. Costa in late August to go over some items that they wanted addressed and also had a list they felt needed to be discussed by the City Council. The purpose of meeting was to go over the 5 items that are considered aesthetic deviations to the plans approved in 2018 and make sure the Council agrees to the changes. The chair read through the items and the response that was received in a letter from Mr. Costa dated September 10, 2024: IN CITY COUNCIL 4 OCTOBER 21, 2024 Reports of Committee Continued: 1. "Insulated Metal Panel System" specified in the plans has been changed to James Hardie Clapboard siding. • The insulated metal panel system as called out on the original drawings of 03-21-18, has not been incorporated into the new design. The only reference to the system is called out as "insulated metal panel system" with no specified reference to detail, R-value of the system, thickness of the panel or fire rating. Research into various companies have the metal panel thickness of 1/2", 3/4", l" or thicker depending on the R-value of the specified panels, which must be a minimum of R-50 including the complete assembly this was never specified. The Fire rating of the metal panels is also very important for Life safety and code compliance, and they are varied from 30 minutes to 40+ minutes. As we understand it one of the main reasons for the change along with the exterior fire ratings that had to be a minimum of 1 hour was the availability with accurate shop drawings and accurate sizes of the panels. The sizes are basically 2'-0" wide or even wider such as 3'-0" or 4'-0" wide and also in depth, this was a major problem at time. This design being done over 6 years ago might have been implemented then. Today we have newer contemporary exterior state of the art outer skins with higher fire ratings and a variety of colors. The outer skin was changed to the James Hardi fiber-cement panels of high quality and fire rating. This all should have been explained to the Building Department and the City Council before the actual start of the job. Not notifying the City of this revision was in error along with some exterior outer skin considerations. o The members of Urban Affairs were comfortable with the change as long it meets code. 2. Windows changed from casement windows to double hung windows. • The windows were changed to a better rated design to double hung windows. Also, the building esthetic look did not have enough of a horizontal look and the extra added mullion in the double hung gives this appearance. o The members of Urban Affairs were comfortable with this aesthetic change. 3. Round windows in gable ends along North and South Facades are not installed. • The round faux windows are not done yet, they will be done. Mr. Costa explained that what they will install will be an aluminum frame that has glass that will give the look of window from outside but there will be no opening into the wall of the apartment so they will not see the faux window from inside. o The members of Urban Affairs were comfortable with this aesthetic change. 4. Patio doors and Juliet balconies have been deleted. Patio doors replaced with double hung/casement combo units. • Patio doors were not done, Juliette balconies will be installed (color black). The sliding glass panel doors were not done. There was some confusion as to the large, big casement windows and the glass doors and how the Juliette balcony was to go. At this time with the exterior design the Juliette balcony will be placed in front of each specified window like it was intended, and that there is no sliding door. Mr. Costa further explained the windows will open, but there was concern for safety with the proposed patio doors. The Juliet balconies will sit about 4" from the outside wall and are aesthetic only. IN CITY COUNCIL 5 OCTOBER 21, 2024 Reports of Committee Continued: o The Urban Affairs members were comfortable with this change. 5. Are there any modifications planned for the brick facades or curtain wall systems as shown on the approved drawings? If so, these will be required to be addressed as well. • The brick design as originally called for was based on a steel lintel frame that would have had to be done to support and reinforce the high brick, this was not done. The brick design of a lower modular panel at the bottom of each projecting gable bay is approximately 18'- 0" high and the brick color as indicated to us previously could basically match the brick color of the bank across the street. This we have attempted to implement and the McAvoy brick as selected is a very nice brick face and certainly will add a nice feature to the building. Mr. Costa explained the bricks will be placed between the glass panels on the ground floor and go up approx. 18 feet high; there will be no other brick on the building. He brought a sample of the brick that was suggested be used when he met with Councilors Ossing and Robey as it closely matches the bank's brick. o The Urban Affairs members were comfortable with this change. Councilor Doucette moved to recommend the Council approve these five changes; it was seconded, and the vote carried 4-0 (Councilor Preciado was absent). The next step would be the applicant will send a copy of the modified plans to Site Plan Review Committee where they will then review the revised plans. The applicant will also send a copy to the Council office for our files. As this is a project on hold until the changes can be documented, the chair will ask for a suspension to approve the changes at the October 21 Council meeting so it can get sent to the Site Plan Review Committee as soon as possible. Councilor Doucette moved to adjourn, the motion was seconded, and the vote carried 4-0. The meeting adjourned at 8:08 PM. Suspension of the Rules requested – granted. Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee to approve the following, seconded by the Chair: ORDERED: That the City Council of the City of Marlborough does hereby approve the following modifications to the Site Plan Permit (Order No. 18-1007317B), granted to M & E Ventures Corporation, 28 South Bolton Street as outlined below, be and is herewith APPROVED; adopted. 1. "Insulated Metal Panel System" specified in the plans has been changed to James Hardie Clapboard siding. 2. Windows changed from casement windows to double hung windows. 3. Round windows in gable ends along North and South Facades are not installed. The round faux windows will be installed. 4. Patio doors and Juliet balconies have been deleted. Patio doors replaced with double hung/casement combo units. Juliette balconies will be installed (color black). IN CITY COUNCIL 6 OCTOBER 21, 2024 5. The brick design of a lower modular panel at the bottom of each projecting gable bay is approximately 18'-0" high and the brick color to basically match the brick color of the bank across the street, McAvoy brick as selected. Bricks will be placed between the glass panels on the ground floor and go up approx. 18 feet high; there will be no other brick on the building. Permitee shall submit updated Site Plans reflecting the above changes subject to review by the Building Commissioner and the Site Plan Review Committee. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Mayor submit a transfer request in the amount of $240,000.00 from the Undesignated Fund to establish the “McGee Farm Mitigation Stabilization Account (Order 21/22-1007995T)”, referred to THE MAYOR; adopted. (Submitted by President Ossing) Background: The applicant for the McGee Farm project submitted four checks totaling $275,000 on June 28, 2024, which were deposited in the General Fund. These funds then rolled over to the FY25 Free Cash that was certified last month in excess of $19 million. The breakdown of the mitigation funds approved by the City Council is as follows: 1) Per condition 8(d) - $200,000.00 for the “study, design and construction of a traffic signal at the intersection of Route 20, Village Drive and the Site’s main entrance”. 2) Per condition 9(a) - $20,000.00 for “to study and/or fund shared transportation options”. 3) Per condition 10(b) - $20,000.00 for “study and/or fund a recreational trail for pedestrians along the City-owned sewer land adjacent to the site”. 4) Per condition 13(a) - $35,000.00 “to be used by the City for the installation on an in- line sewage grinder at the Boston Post Road pump station”. Note that the administration sent a $35,000 transfer from the Undesignated Fund (Free Cash) for the sewer grinder that was approved by the City Council on September 23, 2024. This leaves a balance of $240,000 in mitigation payments. IN CITY COUNCIL 7 OCTOBER 21, 2024 Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee to approve the following, seconded by the Chair: ORDERED: IN CITY COUNCIL DECISION ON A SPECIAL PERMIT ORDER NO. 24-1009228B Application of: Ambidextrous Ventures LLC 2 Peabody Court Concord, MA 02142 Locus: 119 Airport Boulevard, Unit 11 Parcel: 73-52-1-11 The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Ambidextrous Ventures LLC (the “Applicant”) for a private recreation establishment consisting of a pickleball complex as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, Ambidextrous Ventures LLC, is a Massachusetts limited liability company having a principal business address of 2 Peabody Court, Concord, MA 02141. 2. The Applicant is the owner of the property located at 119 Airport Boulevard, Unit 11, Marlborough, MA, being Assessor’s Parcel 73-52-1-11 (the “Site”). 3. On June 21, 2024, the Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough, an Application for a Special Permit, herein referred to as (the “Application”). 4. In accordance with Article V, Section 650-17 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Application proposes a private recreation establishment consisting of a pickleball complex (the “Use”) at the Site. As shown on the Plans referenced in paragraph 5 below, the Use will consist of the following: one (1) single- story, 19,950 square foot building with six (6) indoor pickleball courts, one (1) pickleball practice court, a pickleball pro shop, office, restrooms, locker rooms, lounge, sale of beverages and pre-packaged snacks, viewing area, and one (1) outdoor pickleball court, seventy-six (76) parking spaces, a picnic area and other accessory uses to support the pickleball complex (including but not limited to indoor ping-pong, foosball, darts and other activities conducted during wait times). 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, a site plan entitled “Proposed Site Plan of Use Area #11 119 Airport Boulevard in Marlborough, MA” dated April 5, 2024, with revisions through September 10, 2024, prepared for Ambidextrous Ventures, LLC, by Connorstone Engineering Inc., a landscape plan entitled “Proposed Landscape Plan of Use Area #11, 119 Airport Boulevard in Marlborough, MA” dated April 23, 2024 prepared for Ambidextrous Ventures, LLC, prepared by Connorstone Engineering Inc., and Architectural Plans entitled “Marlborough Pickleball” dated September 26, 2023 with revisions through June 19, 2024, prepared by Ganek Architects Inc., (the “Plans”), attached hereto as “Attachment A”. IN CITY COUNCIL 8 OCTOBER 21, 2024 6. The Application was certified as complete by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, in accordance with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 7. The Site has an area of 85,337 +/- square feet, as shown on the Plans. 8. The Site is located in the Limited Industrial (“LI”) zoning district. 9. Pursuant to the Rules and Regulations of the City Council for the City of Marlborough and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application and the City Clerk for the City of Marlborough caused notice of the same to be advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 10. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, August 19, 2024. The public hearing was held at Marlborough City Hall, 140 Main Street. The hearing was closed on August 19, 2024. 11. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood and traffic. 12. At the public hearing, members of the public expressed concern over noise from the outdoor court and the hours of operation, impact the Pickleball Facility will have on property values, days where parking demand will be in excess of available parking, and questions regarding any expansion of the facility in the future, whether the facility is membership based, whether a member can bring a guest, and whether it would be open to the public. 13. At the public hearing, the Applicant addressed concerns and questions expressed by members of the public including noise, operation/hours of the Use, proximity to the Site and a nearby athletic club. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds that the proposed Use of the Site is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance of the City of Marlborough when subject to the appropriate terms and conditions as provided herein. The City Council makes these findings subject to the completion and adherence by the Applicant, its successors and/or assigns to the conditions more fully set forth herein. C. The City Council, pursuant to its authority under Massachusetts General Laws Chapter 40A and the Zoning Ordinance of the City of Marlborough hereby GRANTS the Applicant a Special Permit for a private recreation establishment consisting of a pickleball complex, as shown on the Plans filed, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns. 1. Construction in Accordance with Applicable Laws. Construction of all structures on the Site is to be in accordance with all applicable Building Codes and Zoning Regulations in effect in the City of Marlborough and the Commonwealth of Massachusetts and shall be built according to the Plans as may be amended during Site Plan Review. IN CITY COUNCIL 9 OCTOBER 21, 2024 2. Site Plan Review. The issuance of the Special Permit is further subject to detailed Site Plan Review by the Site Plan Review Committee, in accordance with the City of Marlborough Site Plan Review Ordinance prior to the issuance of the building permit. Any additional changes, alterations, modifications, or amendments, as required during the process of the Site Plan Review, shall be further conditions attached to the building permit and no occupancy permit shall be issued until the Applicant has complied with all conditions. Subsequent Site Plan Review shall be consistent with the conditions of this Special Permit and the Plans submitted, reviewed, and approved by the City Council as the Special Permit Granting Authority. 3. Modification of Plans. Notwithstanding conditions #1 and #2 above, the City Council or the Site Plan Review Committee may approve engineering changes to the Plans, so long as said changes do not change the Use as approved herein, or materially increase the impervious area of the Use, reduce the green area, alter traffic flow, or increase the size of the building, all as shown on the Plans. Any modification of the conditions of this special permit or the Use as approved herein shall first require modification of this special permit. 4. Incorporation of Submissions. All plans, photo renderings, site evaluations, briefs and other documentation provided by the Applicant as part of the Application, and as amended or revised during the application/hearing process before the City Council and/or the City Council’s Urban Affairs Committee, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. 5. Lighting. Exterior lighting at the Site shall be downward facing and shielded to minimize impacts on neighboring properties. There shall be no lighting of the outdoor court. 6. Screening for Abutters. The Applicant shall install infill vegetated landscaping to supplement the existing tree line along the east and south property lines to screen areas of the Site used for the outdoor pickleball court, parking and driveways from adjacent properties. 7. Stormwater and Erosion Control Management. The Applicant, its successors and/or assigns, shall ensure that its site superintendent during construction of the project is competent in stormwater and erosion control management. This individual(s)’ credentials shall be acceptable to the Engineering Division of the City’s Department of Public Works and the City’s Conservation Commission. This individual(s) shall be responsible for checking the Site before, during and after storm events (greater than 0.5 inch in 24 hours) including weekends and evenings when storms are predicted. This individual(s) shall ensure that no untreated stormwater leaves the Site, consistent with the Commonwealth’s and the City’s stormwater regulations. This individual(s) shall ensure compliance with the approved sequence of construction plan and the approved erosion control plan. The Applicant, its successors and/or assigns, shall grant this individual(s) complete authority of the Site as it relates to stormwater and erosion controls. 8. Detention Basins and Infiltration Systems. The on-site detention basin and infiltration system shall be inspected by the Applicant not less than annually with respect to sedimentation accumulation with copies of annual reports given by the Applicant to the City Engineer. To the extent such reports indicate to the City Engineer the need for sediment removal, the same shall be removed by the Applicant. 9. Snow Storage. Snow Storage is to be provided on-Site by the Applicant on impervious surfaces, except (a) during peak winter months or (b) during exceptional storms, in either of which events the Applicant may elect to utilize off-site storage. Snow-melt runoff is to be directed toward catch basins. IN CITY COUNCIL 10 OCTOBER 21, 2024 10. Emergency Medical Services. (a) Any time an athletic event is being played on-Site, Applicant shall have an Automated External Defibrillator available, and a person trained to administer the defibrillator. (b) At all times during athletic events being played on-Site, the Applicant shall employ and have present on-Site a person who is certified through the American Red Cross for Standard First Aid. Said certification includes, but is not limited to, CPR for adults, children, and infants, first aid for bleeding, broken bones and seizures. 11. Parking Areas. (a) Seventy-six (76) parking spaces shall be provided as shown on the Plans. (b) No overnight parking of any kind of vehicle is allowed on the Site, including the parking lot. (c) Buses will not queue so as to obstruct the passageway to the main entrance from the handicap parking area in front of the main entrance. (d) Parking areas/lots shall be used for parking only. No other activities including but not limited to car washes, tailgating, festivals, picnics, or sports clinics shall take place in the parking areas/lots. (e) Parking areas will be swept, as necessary. (f) Pursuant to the provisions of Massachusetts General Laws, Chapter 90, Section 18, the Applicant shall submit a written request and grant of authority to the Marlborough Traffic Commission to promulgate legally enforceable rules and regulations for the control of on-Site traffic and parking. (g) Applicant shall be responsible for providing, installing, and maintaining all signage or markings required by the Traffic Commission. Such signage or markings shall meet the standards of the Manual of Uniform Traffic Control Devices. (h) Because of the lack of history in the parking requirements for the Use, the City Council may review said requirements within two years of the opening of the Use. If the City Council determines that there is a requirement for the Applicant to provide for overflow parking, the City Council may amend this Special Permit to add an overflow parking requirement as a condition of the Use. (i) No parking for the Use is permitted on the cul-de-sac, Airport Boulevard, or any other property off-Site. 12. Pickleball Facility Only. The Use is limited to the specific primary purpose of a complex for the sport of pickleball as further described in Findings of Fact #4. All courts shall be limited to pickleball only. Accessory uses are limited to uses that are ancillary and in support of the primary purpose of pickleball (including but not limited to indoor ping-pong, foosball, darts and other activities conducted during wait times). 13. Hours of Operation. The maximum hours of operation of the Use shall be seven days a week, 5:30 AM to 12:00 AM (midnight), provided that, usage of the outdoor pickleball court shall be limited to dawn (but no earlier than 7:00 AM) to dusk (but no later than 9:00 PM). The outdoor court shall be locked when not open for usage. 14. Screening of Trash Dumpster. Applicant shall screen the Use’s trash area by constructing a fence so as to hide the trash receptacle from sight. The dumpster on the Site will be covered. 15. Serving of Alcoholic Beverages and Food. The service of alcoholic beverages on the Site as part of the Use shall be limited as follows. Applicant may serve wine and malt beverages as an accessory use, subject to the following further conditions: (a) obtaining a wine and malt beverage, on-premises license from the City of Marlborough Licensing Board in accordance with MGL Chapter 138; (b) wine and malt beverages shall only be served and consumed inside the building within interior areas as determined by the Licensing Board (but excluding indoor courts), and not in any outdoor areas; (c) serving of wine and malt beverages shall be limited to the hours of 11:00 AM to 12:00 AM (midnight); and (d) pre- packaged snacks shall be available for purchase in the lounge area. IN CITY COUNCIL 11 OCTOBER 21, 2024 16. Recording of Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit has elapsed with no appeal having been filed, and before the Applicant has applied to the Building Commissioner for a building permit. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit to the City Council’s Office, the Building Department, and the City Solicitor’s Office. Yea: 11 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Oram, Ossing & Robey. 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, APPROVE; 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 8:28 PM; adopted.