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, NOVEMBER 18, 2024 The regular meeting of the City Council was held on Monday, November 18, 2024, at 8:00 PM in City Council Chambers, City Hall. Councilors Present: Ossing, Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram & Robey. Councilors Absent: Landers. Meeting adjourned at 8:14 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, NOVEMBER 4, 2024, FILE; adopted. That the PUBLIC HEARING on the Petition of MA Electric, to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public way or ways hereinafter named. Bigelow Street & Robin Hill Street, beginning at a point approximately 0 feet at the centerline of the intersection of Bigelow Street & Robin Hill Street and continuing approximately 228 feet in a North direction. Install underground facilities on Robin Hill Street & Bigelow Street. Installing 229’ of conduit on Bigelow Street and Robin Hill Street, Order No. 24-1009295, all were heard who wish to be heard, hearing closed at 8:02 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Ossing, Oram & Robey. Councilors Absent: Landers. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric, to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public way or ways hereinafter named. Bigelow Street & Robin Hill Street, beginning at a point approximately 0 feet at the centerline of the intersection of Bigelow Street & Robin Hill Street and continuing approximately 228 feet in a North direction. Install underground facilities on Robin Hill Street & Bigelow Street. Installing 229’ of conduit on Bigelow Street and Robin Hill Street, Order No. 24-1009295, POSTPONED TO DECEMBER 2, 2024; adopted. IN CITY COUNCIL 2 NOVEMBER 18, 2024 That the PUBLIC HEARING on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on High Street. Beginning at a point approximately 125’ East of the centerline of the intersection of Bolton Street. Install new Pole 1-5 and anchor to serve new customer at 57 Main Street, Order No. 24-1009296, all were heard who wish to be heard, hearing closed at 8:05 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Ossing, Oram & Robey. Councilors Absent: Landers. Motion by Councilor Fuccillo, 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 High Street. Beginning at a point approximately 125’ East of the centerline of the intersection of Bolton Street. Install new Pole 1-5 and anchor to serve new customer at 57 Main Street, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The new pole must be BEHIND the proposed new sidewalk on High Street (not within the sidewalk), at the location shown on the approved site plans for the project at 57 Main Street. The location shall 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. 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. 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. IN CITY COUNCIL 3 NOVEMBER 18, 2024 That the PUBLIC HEARING on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Boston Post Road East. Beginning at a point approximately 350’ East of the centerline of the intersection of Old Boston Road. Install new Pole 92-5 for a new EV charging station at 910 Boston Post Road East, Order No. 24-1009297, all were heard who wish to be heard, hearing closed at 8:09 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Ossing, Oram & Robey. Councilors Absent: Landers. Motion by Councilor Fuccillo, 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 Boston Post Road East. Beginning at a point approximately 350’ East of the centerline of the intersection of Old Boston Road. Install new Pole 92-5 for a new EV charging station at 910 Boston Post Road East, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The roadway is state-owned and a permit from Mass DOT will be required. 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. 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 Grant Acceptance in the amount of $60,000.00 from the Massachusetts Executive Office of Public Safety and Security, awarded to the Police Department to be used for enhanced traffic enforcement measures, APPROVED; adopted. IN CITY COUNCIL 4 NOVEMBER 18, 2024 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $1,075,694.00 (One million, seventy-five thousand, six hundred ninety-four dollars) which moves funds from Meals Tax Revenue account to fund FY25 bond payments associated with Parks & Recreation improvements, APPROVED; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Temporary Appointment pursuant to MGL Chapter 41 §61A of Michaela Spagone as the Temporary Comptroller/Treasurer effective Friday, November 15, 2024, for a 60-day term to expire on January 14, 2025, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Justin Maillet, Trustee on behalf of 1 Maple Terrace Real Estate Trust, re: Proposed Zoning Map Amendment to include 1 Maple Terrace, identified as Map 70, Parcel 274 in the Marlborough Village District (MV), referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, DECEMBER 16, 2024; adopted. THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH HEREBY ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING THE ZONING MAP, SECTION 650-8, AS FOLLOWS: That the land on Maple Terrace owned by 1 Maple Terrace Real Estate Trust, shown on Assessor’s Map 70 as Parcel 274, presently zoned “Business (B)”, be rezoned as “Marlborough Village District (MV)”. IN CITY COUNCIL 5 NOVEMBER 18, 2024 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, DECEMBER 16, 2024, as the DATE FOR PUBLIC HEARING, on the Application for Amendment to Special Permit from Attorney Brian Falk, on behalf of Garden Remedies, Inc., to allow for the relocation of the Adult Use Retail and Medical Marijuana establishment from the current location at 416 Boston Post Road East to 423 Lakeside Avenue, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communications from the Department of Public Utilities, re: Petitions pursuant to MGL Chapter 25, §21 for approval of Three-Year Energy Efficiency Plans for 2025 to 2027 for National Grid, and Eversource Energy, 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) School Committee, October 22, 2024. b) Conservation Commission, October 17, 2024. c) Council on Aging, October 15, 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) Tara Shea, 65 Daniels Road, residential mailbox claim (2b). b) Union Realty Trust, 270 Main Street, other property damage and/or personal injury. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City Clerk is directed to advertise the Tax Classification Public Hearing scheduled for Monday, December 2, 2024, APPROVED; 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 8:14 PM; adopted.