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, JANUARY 27, 2025 The regular meeting of the City Council was held on Monday, January 27, 2025, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, & Robey. Absent: Landers. Meeting adjourned at 8:45 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, JANUARY 6, 2025, FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council Regular Meeting Schedule and City Council Committee Assignments for the 2025 Legislative Year, FILE; adopted. That the PUBLIC HEARING on the Application for Special Permit from Marlboro Maple Real Estate Trust, for a Drive-Thru Window in an existing building to add at café at 420 Maple Street, Order No. 24-1009317, all were heard who wish to be heard, hearing closed at 8:21 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Councilors Absent: Landers. Motion by Councilor Robey, seconded by the Chair to adopt the following: That the PUBLIC HEARING on the Proposed Zoning Map Amendment from Raimundo Neto, Owner of 36 Jefferson Street, to rezone 36 Jefferson Street, identified as Map 56, Parcel 153 from “Residence B (RB)” to “Neighborhood Business District (NB)”, Order No. 24-1009330, be RESCHEDULED TO FEBRUARY 24, 2025, AND ORDERED READVERTISED; 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 at 36 Jefferson Street owned by Raimundo Neto, shown on Assessor’s Map 56 as Parcel 153, presently zoned “Residence B (RB)”, be rezoned as “Neighborhood Business District (NB)”. IN CITY COUNCIL 2 JANUARY 27, 2025 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 Michaela J. Spagone as Interim City Comptroller/Treasurer for an additional 60-day term effective January 14, 2025, FILE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Mid-Year Transfer Requests totaling $928,828.00 (Nine hundred twenty- eight thousand, eight hundred twenty-eight dollars) from various departments for FY25, which moves funds from and to accounts as outlined in the transfer sheets, referred to the FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $38,251.00 $6,153.00 11930006 57410 Property Liability Insurance $6,153.00 11210003 51250 Summer Employment $4,657.50 Reason: Available credits to offset premium Funds needed through year-end $6,153.00 Total $6,153.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: FIRE FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $198,929.69 $10,000.00 12200003 51920 Sick Leave Buy-Back $10,000.00 12200006 52560 Vehicle Repair & Maint. $165,467.53 Reason: Balance available after paying department buy-back Emergency purchase of used Fire Engine $10,000.00 Total $10,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Assessors FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $54,001.57 $17,000.00 11410001 50171 Senior Assessor $12,000.00 11410004 53180 Professional & Technical $14,098.50 Reason: Position was vacant Appraisal services for ATB appeal $5,000.00 11410006 53114 Legal/Appeal/Tax $3,771.75 Legal services regarding ongoing ATB case $17,000.00 Total $17,000.00 Total IN CITY COUNCIL 3 JANUARY 27, 2025 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Various FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $900,000.00 $27,075.00 11990006 57820 Reserve for Salaries $27,075.00 14001303 51920 Streets Sick Leave Buy Back $2,925.21 Reason: Retirement $38,251.00 $600.00 11930006 57410 Property Liability Insurance $600.00 11650002 51050 Board Sec License Comm $169.83 Available credits to offset premium Funds need through year-end $27,675.00 Total $27,675.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Legal FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $31,540.74 $8,500.00 11510001 50175 Paralegal $37,000.00 11510004 53110 Legal Services $5,550.00 Reason: Position was vacant Funds needed through year-end $1,153.12 $1,000.00 11620003 51460 Constables No further elections through year-end $18,209.50 $18,000.00 11620004 53932 Election Programming Reason: Some programming covered by State $6,000.00 $6,000.00 11940006 51860 Widows Pensions Reason: No one remaining for payment $38,251.00 $3,500.00 11930006 57410 Property Liability Insurance Reason: Available credits to offset premium $37,000.00 Total $37,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: INSPECTIONAL SERVICES FISCAL YEAR: FY25 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $75,000.00 $35,000.00 12410004 53140 CONTRACT SERVICES $35,000.00 12410001 50970 ASST. WIRING INSPECTOR $7,725.00 Reason: $75,000.00 $5,000.00 12410004 53140 CINTRACT SERVICES $5,000.00 12410001 50960 ASST.PLUMBING/GAS INSP $6,500.00 Reason: DUE TO INCREAE CONSTRUCTION ACTIVITY ADDITIONAL INSPECTIONS ARE REQUIRED FROM SUPPLEMENTAL STAFF. $40,000.00 Total $40,000.00 Total IN CITY COUNCIL 4 JANUARY 27, 2025 CITY OF MARLBOROUGH BUDGET TRANSFERS DEPT: DPW - Building Maintenance - Water FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $429,675.28 $110,100.00 61090001 50740 Equipment Operator $110,100.00 11920006 52120 Electricity $1,198,072.75 Reason: Escess due to Vacancy Underfunded $95,942.93 $20,000.00 11920001 50292 Building Maint. Craftsman $20,000.00 11920006 52120 Electricity $1,198,072.75 Reason: Excess due to Vancancy Underfunded $188,973.29 $57,000.00 11920003 50560 Houseworker $57,000.00 11920006 52120 Electricity $1,198,072.75 Reason: Excess due to Vancancy Underfunded $48,082.94 $11,000.00 13032001 50690 Foreman $11,000.00 11920006 52120 Electricity $1,198,072.75 Reason: Excess due to Vacancy Underfunded $61,166.47 $1,900.00 13032001 50386 HVAC $1,900.00 11920006 52120 Electricity $1,198,072.75 Reason: Excess due to Vacancy Underfunded $200,000.00 Total $200,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS DEPT: DPW - Administration - Building Maint - Engineering FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $159,000.00 $90,500.00 14001001 50600 DPW Comissioner $90,500.00 11920006 52200 Natural Gas $234,805.40 Reason: Excess due to Vacancy Increased Usage $61,166.47 $1,100.00 13032001 50386 HVAC $1,100.00 11920006 52200 Natural Gas $234,805.40 Reason: Excess due to Vacancy Increased Usage $58,733.10 $2,000.00 14001101 50640 City Engineer $2,000.00 11920006 52200 Natural Gas $234,805.40 Reason: Increased Usage $32,956.84 $6,400.00 14001101 50700 Grade 2 Engineering Aide $6,400.00 11920006 52200 Natural Gas $234,805.40 Reason: Increased Usage $100,000.00 Total $100,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS DEPT: DPW - Streets - Administration FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $441,705.00 $77,000.00 14001303 50740 Equipment Operator $77,000.00 13032006 52120 Electricity $986,223.67 Reason: Excess due to Vacancy Underfunded $44,568.29 $9,000.00 14001001 50630 Asst. Comm. Op. $9,000.00 13032006 52120 Electricity $986,223.67 Reason: Excess due to Vacancy Underfunded $62,289.51 $6,000.00 14001001 50650 Capital Projects Manager $6,000.00 13032006 52120 Electricity $986,223.67 Reason: Excess due to Vacancy Underfunded $30,665.89 $1,900.00 14001002 50062 Financial Analyst $1,900.00 13032006 52120 Electricity $986,223.67 Reason: Excess due to Vacancy Underfunded $12,860.00 $6,100.00 14001103 51240 Temporary P/T $6,100.00 13032006 52120 Electricity $986,223.67 Reason: Excess due to Vacancy Underfunded $100,000.00 Total $100,000.00 Total IN CITY COUNCIL 5 JANUARY 27, 2025 CITY OF MARLBOROUGH BUDGET TRANSFERS DEPT: DPW - Engineering - Building Maintenance FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $32,956.84 $600.00 14001101 50700 Grade 2 Engineering Aide $600.00 13032006 52200 Natural Gas $372,931.13 Reason: Excess due to Vacancy Increased Usage $185,263.74 $46,000.00 14001101 50710 Jr Civil Engineer $46,000.00 13032006 52200 Natural Gas $372,931.13 Reason: Excess due to Vacancy Increased Usage $12,860.00 $1,900.00 14001103 51240 Temp. Part Time $1,900.00 13032006 52200 Natural Gas $372,931.13 Reason: Excess due to Vacancy Increased Usage $67,400.00 $51,500.00 14003001 50750 Equipment Operator $51,500.00 13032006 52200 Natural Gas $372,931.13 Reason: Excess due to Vacancy Increased Usage $100,000.00 Total $100,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS DEPT: DPW - Engineering - Fleet FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $110,681.37 $1,000.00 14001301 50690 Foreman $1,000.00 14001401 50690 Foreman $28,627.10 Reason: Excess due to vacancy Underfunded $6,000.00 $2,500.00 14001303 51240 Temp. Part Time $2,500.00 14001401 50690 Foreman $28,627.10 Reason: Excess due to vacancy Underfunded $67,400.00 $6,500.00 14003001 50750 Equipment Operator $6,500.00 14001401 50690 Foreman $28,627.10 Reason: Excess due to vacancy Underfunded $10,000.00 Total $10,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS DEPT: DPW - Strteets - FPC - E. Plant FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $6,000.00 $3,500.00 14001303 51240 Temporary Part Time $3,500.00 60081003 51310 Overtime Regular $16,554.27 Reason: Excess due to Vacancy Underfunded $103,800.00 $20,500.00 14001501 50680 General Foreman $20,500.00 60081003 51310 Overtime Regular $16,554.27 Reason: Excess due to Vacancy Underfunded $24,000.00 Total $24,000.00 Total IN CITY COUNCIL 6 JANUARY 27, 2025 CITY OF MARLBOROUGH BUDGET TRANSFERS DEPT: DPW - West Plant - Solid Waste & Recycling - Forest Parks & Cementary FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $103,800.00 $48,000.00 14001501 50680 General Foreman $48,000.00 60085004 52570 Service Contract $70,797.67 Reason: Excess due to Vacancy PLC Generator Replacement $159,354.24 $64,000.00 14001501 50690 Foreman $64,000.00 60085004 52570 Service Contract $70,797.67 Reason: Excess due to Vacancy PLC Generator Replacement $110,234.27 $37,000.00 14003003 51240 Attendant $37,000.00 60085004 52570 Service Contract $70,797.67 Reason: Excess due to Vacancy PLC Generator Replacement $149,000.00 Total $149,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS DEPT: DPW - West Plant - RDF FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $110,234.27 $14,000.00 14003003 51240 Attendant $14,000.00 60085003 51310 Overtime Regular $18,615.08 Reason: Excess due to Vacancy Underfunded $14,000.00 Total $14,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS DEPT: DPW - FPC - RDF - Water FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $481,627.22 $80,000.00 14001503 50740 Equipment Operator $80,000.00 60080006 55660 Pumping Station $213,160.57 Reason: Excess due to vacancy Undefunded $110,234.27 $14,000.00 14003003 51240 Attendant $14,000.00 60080006 55660 Pumping Station $213,160.57 Reason: Excess due to vacancy Undefunded $94,000.00 Total $94,000.00 Total IN CITY COUNCIL 7 JANUARY 27, 2025 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor, Jason Grossfield, re: Application for Amendment to Special Permit from Attorney Brian Falk, on behalf of Garden Remedies, Inc., to allow for the relocation of the establishment from 416 Boston Post Road East to 423 Lakeside Avenue, in proper legal form, Order No. 24-1009306B, MOVED TO REPORTS OF COMMITTEE & FILE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus on behalf of Councilor Ossing, re: Proposed Zoning Amendment relative to Medical and Adult Use Marijuana, referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, FEBRUARY 24, 2025; adopted. THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING SUBMITTED FOR ITS OWN 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 AS FOLLOWS: I. Section 650-18(A)(47)(b) is hereby amended as follows (new text shown as underlined, deleted text shown as strikethrough): (b) Shall be limited in number to one of each type (cultivator, independent testing laboratory, product manufacturer, craft marijuana cooperative, marijuana microbusiness, marijuana courier, marijuana delivery operator, marijuana research facility, or transporter), except that the independent testing laboratory type shall be limited in number to four, but in no event fewer than the number of medical marijuana treatment centers registered to engage in the same type of activity in the City of Marlborough; Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Justin Maillett, Trustee of 1 Maple Terrace, re: Information on the Proposed Zoning Map, to include 1 Maple Terrace, identified as Map 70, Parcel 274 in the Marlborough Village District (MV), FILE; adopted. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of a Taxi/Livery License from Nathan Sebuliba d/b/a Indelible Homecare, Inc., to operate a Livery Service with one vehicle, 97 Neil Street, APPROVED; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, FEBRUARY 24, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Special Permit from McDonald’s USA, LLC, for a Proposed Restaurant with a Drive-Thru Facility use within the Wayside District at 735 Boston Post Road East, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. Councilor Doucette Recused. IN CITY COUNCIL 8 JANUARY 27, 2025 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, FEBRUARY 24, 2025, as the DATE FOR PUBLIC HEARING, on the Application for Amendment to a Special Permit from 339 Boston Post Road Owner, LLC, to modify a condition of an existing Special Permit to alter the language relative to certain traffic calming improvements for the project being built at 339 Boston Post Road East, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; 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, December 10, 2024. b) Conservation Commission, December 19, 2024. c) Council on Aging, December 10, 2024. d) Historical Commission, November 21, 2024. e) Library Trustees, December 3, 2024. f) Zoning Board of Appeals, January 7, 2025. Councilor Navin reported the following out of the Veterans Affairs Committee: City Council Veterans Affairs Committee January 13, 2025 Minutes and Report This meeting convened at 7:00 PM and was held in the City Council Chamber and open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8) or Verizon/Fios Channel 34) and was available for viewing using the link under the Meeting Videos tab on the city’s website, home page (www.marlborough-ma.gov). Voting Members: Chair Navin, Councilor Brown and Councilor Vital Non-Voting Members: Councilors Ossing, Fuccillo, Irish, Robey, Oram, Doucette and Preciado (arrived at 7:30 PM). Present to discuss the Order: Acting DPW Commissioner Ted Scott and Veterans Director Michael Hennessy. Order No. 25-1009345: That the Mayor shall submit to the City Council, an annual report from the Commissioner of Public Works regarding the state of the city’s public cemeteries. Specifically, the report will provide a general update on city owned cemeteries detailing current conditions, current and future needs, staffing plan, and outline regular maintenance and repair priorities for the upcoming fiscal year. The report shall provide a specific update on the state of good repair for all veterans’ gravestones in city owned cemeteries, including the number of graves in need of repair, work completed in the prior fiscal year, work to be completed in the upcoming fiscal year and plan for how the Department of Public Works will accomplish this work. The report will provide critical financial information related to all of this work including but not limited to, a review of cemetery finances, amount of money spent in the previous fiscal year, projected expenditures for work to be completed in the upcoming fiscal year, balance of the Perpetual Care Trust Fund, and plans to use funds generated by the interest in the Perpetual Care Trust Fund in the upcoming fiscal year. IN CITY COUNCIL 9 JANUARY 27, 2025 Reports of Committee Continued: The report shall be submitted annually to the City Council by April 1st each year. Submitted by Councilor Navin Chair Navin read the Order. Commissioner Scott and Director Hennessy reviewed the issues with the committee and other councilors present. Commissioner Scott explained the make up of the DPW Division of Forestry, Parks and Recreation and Cemeteries. There are currently four vacancies, one in Cemeteries. Commissioner Scott explained that employees are being cross trained to maintain flexibility among the three units and the ability to cover events such as Memorial Day as needed. Commissioner Scott stated that stones are repaired on a case-by-case basis after reviewing reasons for the damage. If the stone is historic, the city tries to make repairs as there is no family remaining to do so. Director Hennessy explained the role of the federal government is repairing historic gravestones. He has been working with longtime volunteer Matt Sargent and the Historical Society. The replacement stones would be delivered to any location requested by the city. There has been ongoing work to complete an audit of veteran headstones and grave markers although Commissioner Scott would like to include all stones, not just veteran stones. Chair Navin asked the best way for interested people to help. Commissioner Scott replied the best way is to call the DPW and his well-trained team will follow through. He added that there are ongoing volunteer efforts including Eagle Scouts and others. Chair Navin called on Committee member Teona Brown who asked about sinking stones. Director Hennessy stated that Mr. Sargent has looked into this issue, and some are being re-set; however historic stones are handled differently due to their size and weight, and we were lucky to receive a piece of equipment from the Italian American Veterans Club to assist this work. Councilor Vital, also a member of the Veterans Committee, explained his concerns and asked why there is no longer a Cemetery Commission. Commissioner Scott was not aware of the reasons but explained the duties were placed in the hands of the DPW Commissioner by an ordinance change enacted by the City Council. Councilor Vital stated he would like to see a program for the tracking of repairs to stones and plaques. Councilor Oram inquired about the cemetery owned by the Catholic Archdiocese in disrepair for many years, including very old, sunken burial lots. Chair Navin asked if the city could help facilitate the VA replacement gravestones at cemeteries not owned and operated by the city. Director Hennessy will make inquiries as there is a local representative to contact regarding maintenance at the Diocese cemeteries. Councilor Robey inquired why the date of April 1st of each year was chosen for the submittal of a report to the City Council. Chair Navin replied that it was chosen due to timeline of the capital and operating budgets as well as the beginning of the cemetery maintenance season. Councilor Ossing expressed concern that there are no available rules for expending funds. Commissioner Scott stated he had the same question earlier on and was told he could only spend the interest. Councilor Ossing stated there should be written guidelines indicating how the funds can be spent. IN CITY COUNCIL 10 JANUARY 27, 2025 Reports of Committee Continued: On a motion by Councilor Brown, seconded by Chair Navin, the committee recommends approval of the Order with the following conditions: 1) The establishment of written guidelines indicating how the funds can be expended. 2) The establishment of a program for the tracking of repairs to stones and plaques. On a motion by Councilor Brown, the committee adjourned at 7:47 PM. Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs Committee January 13, 2025 – 7:53 PM Minutes and 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: Chairman Katie Robey, Councilor Navin, Councilor Doucette, and Councilor Preciado. Councilor Landers was absent. Also present: Councilors Brown, Fuccillo, Irish, Oram, Ossing and Vital. Order No. 24-1009306: Application for Amended 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. Present for applicant were Attorney Falk and Jeff Herold, Garden Remedies Chief Executive Officer. The chair read through the comments that were received from Managers and began review of the draft Notice of Decision/Grant of Amended Special Permit. Councilor Doucette pointed out the need to clarify East on the address on Boston Post Road; Chair Robey clarified this special permit would increase the hours of operation; Councilor Ossing asked that the number of members who submitted letters in favor be specified, the dates for Attachment A & B be included and pointed out that there would be no onsite consumption or use of marijuana at the New Site Councilor Doucette moved to recommend the Council approve the draft Notice of Decision/Grant of Amended Special Permit with the following amendments: Finding of Facts #2 add "East" to addressees; Findings of Fact #8 add in date of the Plans described as Attachment A; Finding of Facts #13, add in number of members who submitted letters in favor of the Use; add in date of Attachment B in Findings D 16 & 17. The motion was seconded, and the vote carried 3-1 (Navin opposed) (Councilor Landers was absent). After discussion with the committee, the applicant will make these changes to the draft and send to the council secretary. The solicitor will be asked to have this in proper form for inclusion on our January 27th Council meeting where a request to suspend the rules will be requested to vote at that meeting. IN CITY COUNCIL 11 JANUARY 27, 2025 Reports of Committee Continued: Order No. 24-1009298: Application for Special Permit from Attorney Christopher Flood, on behalf of Anibal E. Guillermo Sacor, to convert an existing two-family residential property located at 30 MAPLE STREET to a three-family residential property. Present for applicant were Attorney Flood and Mr. Guillermo Sacor. The chair reminded members they had a copy of the report of the Public Hearing held on December 2nd. The chair read through the Decision on a Special Permit. Councilor Ossing suggested adding in information on who spoke at the public hearing and noted that the mayor doesn't sign special permits so that can be deleted from the final copy, and that details on the plans be included in the Conditions. Chair Robey requested that there be an additional condition that clarified how the owner would surrender and convert to storage Unit D, (as noted on the plans). After discussion, it was agreed that the condition would include removing the plumbing in the bathroom and capping it. Chair Robey also suggested that having arborvitaes planted along the fence will help the concern of noise that a neighbor brought up at the public hearing. Councilor Doucette moved to recommend approval of the draft Decision on a Special Permit with the following amendments: Include details of who spoke at the public hearing; add in details of the plans in D3; add in condition that Unit D would be surrendered and converted to storage and the fixtures in the bathroom would be removed and plumbing capped; add in condition that arborvitaes will be planted along with fence line to screen the neighbors behind the property; and that the last page with signatures be changed to include appropriate information. The motion was seconded and the vote carried 4-0 (Councilor Landers was absent). Attorney Flood will make the necessary changes and send a revised copy. The chair will report this out on January 27th and ask for a suspension of rules to refer the draft decision to solicitor to be placed in proper form for a vote at the Council's February 10th meeting. Councilor Doucette moved to adjourn, the motion was seconded, and the vote carried 4-0. The meeting adjourned at 9:07 PM. IN CITY COUNCIL 12 JANUARY 27, 2025 Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION GRANT OF AMENDMENT TO A SPECIAL PERMIT ORDER NO. 24/25-1009306C X 18/20-1007318, 21-1008417 Application of: Garden Remedies, Inc. 697 Washington Street Newton, MA 02458 Locus: 423 Lakeside Avenue 416 Boston Post Road East Marlborough, MA 01752 Marlborough, MA 01752 Assessors Map 79, Parcel(s) 6 Assessors Map 73, Parcel(s) 30 DECISION ON AN AMENDMENT TO A SPECIAL PERMIT The City Council of the City of Marlborough hereby GRANTS the Application to Amend a Special Permit to Garden Remedies, Inc. (the “Applicant”) to authorize the relocation of an existing Medical Marijuana Treatment Center and an Adult Use Marijuana Retail Establishment from 416 Boston Post Road East, Marlborough, Massachusetts, to 423 Lakeside Avenue, Marlborough, Massachusetts, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant is a duly organized and existing corporation having a business address of 697 Washington Street, Newton, MA 02458. 2. The Applicant is the tenant of a commercial retail unit located at 416 Boston Post Road East, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 73 as Parcel 30 (the “Original Site”). The Original Site’s owner is Marlboro Square, LLC with a business address of 449 Boston Post Road East, Marlborough, MA 01752. 3. The Applicant is the prospective tenant of a commercial retail unit located at 423 Lakeside Avenue, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 79 as Parcel 6 (the “New Site”). The New Site’s owner is EMAX LLC with a business address of 429 Lakeside Avenue, Marlborough, MA 01752. 4. On November 5, 2018, the City Council of the City of Marlborough voted to grant a special permit authorizing the Applicant to build and operate a Medical Marijuana Treatment Center and an Adult Use Marijuana Retail Establishment at the Original Site (the “Use”) in accordance with Article VI, Section 650-17, Section 650-18(45), Section 650-18(46), and Section 650-32 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), recorded at the Middlesex South District Registry of Deeds in Book 71986, Page 90 (the “Original Special Permit”). IN CITY COUNCIL 13 JANUARY 27, 2025 5. On December 7, 2020, the City Council of the City of Marlborough voted to grant an amended special permit authorizing expanded operating hours for the Use at the Original Site in accordance with Article VI, Section 650-17, Section 650-18(45), Section 650- 18(46), and Section 650-32 of the Zoning Ordinance, recorded at the Middlesex South District Registry of Deeds in Book 76747, Page 587 (the “First Amended Special Permit”). 6. On November 22, 2021, the City Council of the City of Marlborough voted to grant an amended special permit to update the signage for the Use at the Original Site in accordance with Article VI, Section 650-17, Section 650-18(45), Section 650-18(46), and Section 650- 32 of the Zoning Ordinance, recorded at the Middlesex South District Registry of Deeds in Book 79353, Page 422 (the “Second Amended Special Permit”). 7. On November 13, 2024, the Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough an application to amend a special permit to authorize the relocation of the Use from the Original Site to the New Site, under the provisions of Massachusetts General Laws Chapter 40A, Section 9, and the Zoning Ordinance (the “Application”). 8. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and existing site landscaping plan for the New Site dated February 8, 2007 (the “Site Plan”), attached as “Attachment A.”. 9. 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. 10. 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. 11. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, December 16, 2024. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on December 16, 2024. 12. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use at the New Site, describing its impact upon municipal services, the neighborhood, and traffic. 13. At the public hearing, two members of the public spoke in favor of the Use at the New Site and four members of the public spoke in opposition to the Use at the New Site. 24 members of the public submitted letters in favor of the Use at the New Site and three members of the public submitted emails in opposition to the Use at the New Site. 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. IN CITY COUNCIL 14 JANUARY 27, 2025 B. The City Council finds that the proposed Use at the New 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 in this Decision, in the Original Special Permit, the First Amended Special Permit, and the Second Amended Special Permit. 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 in this Decision, in the Original Special Permit, the First Amended Special Permit, and the Second Amended Special Permit, as further specified below. C. The City Council finds that the New Site is located in the portion of the Business District along Massachusetts State Highway 20 from the Northborough town line to Interstate Highway Route 495 with frontage on Route 20, in accordance with Section 650-18(45)(a) and (b) and Section 650-18(46)(a) and (b) of the Zoning Ordinance, and that the New Site is not located within 500 feet of a school or daycare center, in accordance with Section 650-32.F of the Zoning Ordinance. D. In accordance with Section 650-32.C of the Zoning Ordinance, the City Council hereby determines that any adverse effects of the Use at the New Site will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the New Site, and of the proposal in relation to the New Site, based upon consideration of the following: 1. Social, economic, or community needs which are served by the proposal: Finding: The Use at the New Site will provide a safe and convenient location for patients and adults to obtain medication and marijuana products. 2. Traffic flow and safety, including parking and loading: Finding: The New Site will safely accommodate expected traffic flow from the Use and provide adequate parking and loading capacity. 3. Adequacy of utilities and other public services: Finding: The New Site provides adequate utilities and public services for the Use. 4. Neighborhood character and social structures: Finding: The Use is consistent with the established retail area in the vicinity of the New Site. 5. Impacts on the natural environment: Finding: The Use will have no greater impact than the established retail uses in the area of the New Site. 6. Potential fiscal impact, including impact on City services, tax base, and employment: Finding: The Use at the New Site will be revenue positive, with additional revenues coming from a local sales tax. 7. Hours of operation: Finding: The hours of operation of the Use at the New Site are specifically conditioned below. IN CITY COUNCIL 15 JANUARY 27, 2025 8. Requiring that contact information be provided to the Chief of Police, the Building Commissioner, and the Special Permit Granting Authority: Finding: The provision of contact information is specifically conditioned below. 9. To the extent permitted by law, requiring payment of a community impact fee: Finding: The city has waived the host community agreement and community impact fee requirement for the Use at the New Site, as permitted by law. 10. Requiring the submission to the Special Permit Granting Authority of the same annual reports that must be provided to the Massachusetts Cannabis Control Commission: Finding: This requirement is specially conditioned below. 11. Requiring regular inspections by City officials or their agents, and access to the same records which are available for inspection to the Massachusetts Cannabis Control Commission: Finding: This requirement is specially conditioned below. 12. Requiring employees to undergo a criminal background check, including but not limited to CORI and an additional background check, by the Chief of Police who shall have the authority to disapprove the employment of any person(s) as a result of said background check: Finding: This requirement is specially conditioned below. 13. Requiring surveillance cameras, capable of 24-hour video recording, archiving recordings and ability to immediately produce images, in, on, around or at the premises: Finding: This requirement is specially conditioned below. 14. Prohibiting the sale of any materials or items unrelated to the purposes of registration by the Massachusetts Cannabis Control Commission including, without limitation, tobacco products, clove cigarettes, or e-cigarettes: Finding: This requirement is specially conditioned below. 15. The ability for the business to: a. provide a secure indoor waiting area for clients; b. provide an adequate and secure pick-up/drop-off area for clients, customers and products; c. provide adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals; d. adequately address issues of traffic demand, parking, and queuing, especially at peak periods at the Business, and its impact on neighboring uses; and e. provide opaque exterior windows. Finding: These requirements are specially conditioned below. IN CITY COUNCIL 16 JANUARY 27, 2025 16. Signs and signage: Finding: The signage shown in the diagrams dated December 13, 2024, and attached as “Attachment B” is appropriate for the Use at the New Site. 17. Names of businesses, business logos and symbols, subject to state and federal law and regulations: Finding: The name of the business, logos, and symbols associated with the Use at the New Site as shown in the diagrams dated December 13, 2024, and attached as “Attachment B” are appropriate. 18. If applicable, reduce energy and water usage, engage in energy conservation and mitigate other environmental impacts: Finding: The Use’s energy usage, water usage, and environmental impacts would be no different than other retail uses in the vicinity of the New Site. E. 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 an amendment to the Original Special Permit, the First Amended Special Permit, and the Second Amended Special Permit in order to relocate and operate a Medical Marijuana Treatment Center and an Adult Use Marijuana Retail Establishment at 423 Lakeside Avenue, 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 at the New 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. 2. Compliance with Applicable Laws. The Applicant agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of the Use at the New Site. 3. Site Plan Review. The Use at the New Site is further subject to Site Plan Review in accordance with the City of Marlborough site plan review ordinance prior to the issuance of the building permit, as required by Section 650-32.E. Any additional changes, alterations, modifications or amendments, as required during the process of Site Plan Review, shall be further conditions attached to the building permit, and no final occupancy permit shall be issued until the Applicant has complied with all conditions, provided, however, that subsequent to the issuance of this Special Permit and Site Plan Approval, the Site Plan Review Committee may authorize the phasing of site and building work depending upon weather conditions and other factors. Site Plan Review shall be consistent with the conditions of this Special Permit and the materials submitted, reviewed, and approved by the City Council as the Special Permit Granting Authority. 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. IN CITY COUNCIL 17 JANUARY 27, 2025 5 Compliance With State Requirements. In accordance with Section 650-18(45)(c) and Section 650-18(46)(c) of the Zoning Ordinance, the Use at the New Site shall comply with all statutes and regulations of the Commonwealth of Massachusetts for the licensure and operation of a Medical Marijuana Treatment Center and/or an Adult Use Marijuana Retail Establishment. 6 Transition from Original Site to New Site. a. Until such time as the Applicant commences marijuana sales at the New Site, the Original Special Permit, the First Amended Special Permit, and the Second Amended Special Permit shall continue (unmodified) to govern the Use at the Original Site. Once the Applicant commences marijuana sales at the New Site, this Decision shall exclusively govern the Use, and the Use shall not be conducted or reintroduced at the Original Site. b. The Applicant shall not commence marijuana sales at the New Site until marijuana sales at the Original Site have terminated. The Applicant shall provide written notice to the Building Commissioner as to the commencement of sales date at the New Site. c. The Applicant may obtain a building permit and other permits to build out the tenant space at the New Site, stock the New Site with equipment and inventory, conduct administrative work at the New Site, and conduct employee training at the New Site, in addition to other activities not constituting marijuana sales at the New Site, while marijuana sales at the Original Site continue. d. Consistent with the City’s Sign Ordinance, the Applicant may install signage at the New Site while marijuana sales at the Original Site continue, including temporary signage alerting customers to the relocation of the Use. Not later than 60 days following the relocation of the Use to the New Site and the termination of marijuana sales at the Original Site, all signage for the Use at the Original Site shall be removed with the exception of temporary signage alerting customers to the relocation of the Use to the New Site. 7 Partial Use. Subject to Condition 6, the Applicant is not required to operate all portions of the Use at the New Site simultaneously. The Applicant may commence either the Medical Marijuana Treatment Center portion of the Use or the Adult Use Marijuana Retail Establishment portion of the Use at the New Site upon receipt of all local and state permits and licenses for the respective portion of the Use and commence the other portion of the Use at the New Site at a later date. Similarly, if either the Medical Marijuana Treatment Center portion of the Use or the Adult Use Marijuana Retail Establishment portion of the Use ceases, either temporarily or permanently, the Applicant may operate the other portion of the Use. Once any portion of the Use commences at the New Site, that portion of the Use may not be conducted or reintroduced at the Original Site. IN CITY COUNCIL 18 JANUARY 27, 2025 8 Security. a. At the New Site, the Applicant shall maintain a secure entrance lobby/waiting area providing a physical separation between the exterior door of the unit and interior areas of the unit where marijuana and marijuana infused products are dispensed and sold, with security personnel available during operating hours to screen individuals arriving at the unit, to ensure that interior areas of the unit are only accessible to qualified patients/caregivers or persons over the age of 21 and to ensure that no individuals pose a direct threat to the health or safety of others. b. The Applicant shall maintain a secure pick-up/drop-off area for patients, customers, and products at the New Site. c. The Use at the New Site shall have opaque exterior windows. d. The Applicant shall maintain adequate staffing so that patients and customers may make purchases in an efficient manner to avoid queuing and impacts on neighboring uses at the New Site. e. The Applicant shall maintain surveillance cameras capable of 24-hour video recording, archiving recordings, and the ability to immediately produce images, in, on, around, or at the Use at the New Site. 9 Processing and Odors. There shall be no processing or manufacturing of marijuana or marijuana infused products as part of the Use at the New Site. Marijuana and marijuana products shall be pre-packaged and sealed prior to arriving at the New Site. Any odors associated with marijuana and marijuana infused products shall be limited to the interior of the unit. There shall be no onsite consumption or use of marijuana or marijuana infused products associated with the Use at the New Site. 10 Hours. The maximum hours of operation of the Use at the New Site shall be Monday through Saturday, 9:00 AM to 11:00 PM, and Sunday from 10:00 AM to 9:00 PM. 11 Contact Information. The Applicant shall provide current contact information of management and staff to the Chief of Police, the Building Commissioner, and the City Council. 12 Annual Reports. The Applicant shall submit to the City Council the same annual reports that must be provided to the Massachusetts Cannabis Control Commission. 13 Inspections and Records. The Applicant shall make the Use available for regular inspections by City officials or their agents and shall provide City officials or their agents with access to the same records which are available for inspection to the Massachusetts Cannabis Control Commission. 14 Background Checks. The Applicant shall require that employees undergo a criminal background check, including but not limited to CORI and an additional background check, by the Chief of Police, who shall have the authority to disapprove the employment of any person(s) as a result of said background check. 15 Unrelated Materials. The Applicant shall not make available for sale as part of the Use at the New Site any materials or items unrelated to the sale of marijuana including, without limitation, tobacco products, clove cigarettes, or e-cigarettes. IN CITY COUNCIL 19 JANUARY 27, 2025 16 Police Detail. The Applicant shall employ a City of Marlborough Police detail at the New Site in the event that the Chief of Police determines, in a letter filed with the City Council, that a police detail is necessary at certain times during the operation of the Use. In the event a City of Marlborough Police detail is not available when required, the Applicant shall obtain a private detail. 17 Recording of Decision In accordance with the provisions of Massachusetts General Laws Chapter 40A, Section 11, the Applicant 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 office, the Building Department, and the City Solicitor’s office. Yea: 9 – Nay: 1 – Absent: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Oram, Ossing & Robey. Nay: Navin. Absent: Landers. Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the draft decision of the Urban Affairs Committee regarding the Application for Special Permit from Attorney Christopher Flood on behalf of Anibal E. Guillermo Sacor, to convert an existing two-family residential property to a three-family residential property at 30 Maple Street, be amended to add the word(s) “Six (6) foot” before the word “arborvitaes” in the draft decision approved at the Urban Affairs Committee meeting on January 13, 2024, APPROVED; adopted. Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Special Permit from Attorney Christopher Flood on behalf of Anibal E. Guillermo Sacor, to convert an existing two-family residential property to a three-family residential property at 30 Maple Street, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE FEBRUARY 10, 2025, 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 8:45 PM; adopted.