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 – VACANT Council President Council Vice-President Michael H. Ossing Kathleen D. Robey CITY OF MARLBOROUGH CITY COUNCIL MEETING MINUTES MONDAY, APRIL 14, 2025 The regular meeting of the City Council was held on Monday, April 14, 2025, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram (arrived at 8:33 PM), & Robey. Meeting adjourned at 8:59 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, MARCH 24, 2025, FILE; adopted. That the CONTINUED 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. 24/25-1009330C, all were heard who wish to be heard, hearing closed at 8:26 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Ossing & Robey. Councilors Absent: Oram. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $5,907.13 (five thousand nine-hundred seven dollars and thirteen cents) from the Executive Office of Public Safety & Security and the Department of Fire Services awarded to the Fire Department to be used for the purchase of fire safety equipment, including protective gear for firefighters, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $12,000.00 (twelve thousand dollars) from the National Environment Health Association and the US Food and Drug Administration awarded to the Board of Health to be used to invest and upgrade food safety inspection equipment and fund internal staff development programs, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $450,000.00 (four hundred fifty thousand dollars) awarded to the City of Marlborough for various projects as outlined in the Mayor’s letter as part of the Fiscal Year 2025 state budget earmark funding, referred to the FINANCE COMMITTEE; adopted. IN CITY COUNCIL 2 APRIL 14, 2025 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $63,600.00 (sixty-three thousand, six hundred dollars), from Reserve for Salaries to various accounts to cover salary accounts and sick leave buyback for the Mayor’s Office and the Police Department, referred to the FINANCE COMMITTEE; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $147,581.95 (one hundred forty-seven thousand, five hundred eighty-one dollars and ninety-five cents), from Reserve for Salaries to various accounts to fund the collective bargaining agreement with the Police Command Officers Association, Local 366, referred to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Police FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $872,925.00 $147,581.95 11990006 57820 Reserve for Salaries $11,497.46 12100001 50500 Police Captains $81,158.52 Reason: Reason: Contractual Obligation $28,403.40 12100001 50510 Police Lieutenants $100,716.42 Reason: Contractual Obligation $50,552.18 12100001 50820 Sergeants $181,729.48 Reason: Contractual Obligation $85.23 12100003 51319 Overtime Cell Watch $3,102.56 Reason: Contractual Obligation $1,829.09 12100003 51320 Overtime Court Time $59,628.40 Reason: Contractual Obligation $4,013.57 12100003 51342 Longevity $25,654.15 Reason: Contractual Obligation $647.26 12100003 51360 Overtime Training $352.95 Reason: Contractual Obligation $459.56 12100003 51370 Overtime Celebrations $185.10 Reason: Contractual Obligation $273.54 12100003 51410 First Responder $25,592.89 IN CITY COUNCIL 3 APRIL 14, 2025 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Police FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance Reason: Contractual Obligation $15,666.82 12100003 51440 Educational Incentive $193,490.17 Reason: Contractual Obligation $1,827.70 12100003 51450 Night Shift Differential $58,491.44 Reason: Contractual Obligation $6,837.52 12100003 51490 Holiday $75,742.80 Reason: Contractual Obligation $552.70 12100003 51505 K-9 Unit $4,219.36 Reason: Contractual Obligation $5,920.75 12100003 51920 Sick Leave Buy Back $44,752.68 Reason: Contractual Obligation $74.00 12100003 51940 Clothing Allowance $56,193.13 Reason: Contractual Obligation $18,941.17 12100003 51310 Overtime Regular $60,194.00 Reason: Contractual Obligation $147,581.95 $147,581.95 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $167,302.32 (one hundred sixty-seven thousand, three hundred and two dollars and thirty-two cents), from Reserve for Salaries to various accounts to fund a cost-of-living adjustment (COLA) and stipend for all non- union employees, referred to FINANCE COMMITTEE; adopted. 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 $872,925.00 $167,302.32 11990006 57820 Reserve for Salaries $2,571.90 11110002 50350 City Council Sect $18,112.72 Reason: Reason: Contractual Obligation $144.93 11110002 50401 Part Time Admin $23,881.87 Reason: Contractual Obligation $3,697.93 11110003 50070 City Councilors $30,816.82 Reason: Contractual Obligation $3,447.96 11210001 50010 Mayor $25,860.00 Reason: Contractual Obligation $4,352.72 11210001 50321 Chief of Staff $6,794.68 Reason: Contractual Obligation $2,861.25 11330001 50015 Comptroller/Treasurer $64,193.85 Reason: Contractual Obligation $3,718.23 11350001 50020 Auditor $27,887.16 Reason: Contractual Obligation $2,923.43 11350001 50174 Procurement Officer $22,331.37 Reason: Contractual Obligation $3,400.04 11410001 50160 Principal Assessor $25,585.88 Reason: Contractual Obligation $2,948.41 11440001 50042 Collector/Asst Fin Dir $19,124.76 Reason: Contractual Obligation IN CITY COUNCIL 4 APRIL 14, 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 $4,134.67 11510001 50030 City Solicitor $31,010.29 Reason: Contractual Obligation $3,291.11 11510001 50172 Asst City Solicitor $25,099.27 Reason: Contractual Obligation $1,418.31 11510001 50175 Paralegal $12,694.29 Reason: Contractual Obligation $3,211.34 11520001 50530 HR Director $25,185.58 Reason: Contractual Obligation $2,020.64 11520001 50532 HR Assistant $15,155.00 Reason: Contractual Obligation $1,479.87 11520002 50775 Admin Assistant $11,290.21 Reason: Contractual Obligation $1,967.08 11550001 50014 Director IT $14,752.97 Reason: Contractual Obligation $3,219.92 11610001 50050 City Clerk $24,151.96 Reason: Contractual Obligation $2,364.35 11610002 50290 Assist City Clerk $17,811.22 Reason: Contractual Obligation $6,506.62 12100001 50140 Police Chief $46,316.60 Reason: Contractual Obligation 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 $2,743.20 15410001 50190 Director Elderly Affairs $20,575.00 Reason: Contractual Obligation $573.94 15410001 50996 Social Services Coord $4,304.59 Reason: Contractual Obligation $2,289.14 15430001 50080 Veterans Director $17,459.47 Reason: Contractual Obligation $3,363.96 16100001 50230 Library Director $25,709.95 Reason: Contractual Obligation $2,391.46 16100001 50300 Asst Library Director $22,456.42 Reason: Contractual Obligation $1,896.44 16100001 50475 Head of Adult Services $14,599.90 Reason: Contractual Obligation $1,690.74 16100001 50478 Programming Outreach $13,063.59 Reason: Contractual Obligation $2,408.91 16100003 51259 Reference Librarian $23,950.26 Reason: Contractual Obligation $3,905.29 60080001 50630 Asst DPW Commissioner $33,367.71 Reason: Contractual Obligation $39,100.85 11990006 51500 Fringes $0.00 Reason: 1% bonus $167,302.32 $167,302.32 IN CITY COUNCIL 5 APRIL 14, 2025 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $784,320.00 (seven hundred eighty-four thousand, three hundred twenty dollars) from Economic Development to MEDC funding for the FY 2026 Operating Budget of MEDC, referred to 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 $2,036,808.21 $784,320.00 27000099 42440 Economic Development $784,320.00 11740006 53950 MEDC Funding $0.00 Reason: To allow the MEDC to continue it's work in promoting the economic development of the City for FY26 $784,320.00 Total $784,320.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $150,000.00 (one hundred fifty thousand dollars) from Economic Development to MEDC funding for the Economic Development Toolbox, referred to 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 $2,036,808.21 $150,000.00 27000099 42440 Economic Development $150,000.00 11740006 53950 MEDC Funding $0.00 Reason: To replenish the Economic Development Toolbox for FY26 $150,000.00 Total $150,000.00 Total IN CITY COUNCIL 6 APRIL 14, 2025 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: At the Regular Meeting of the Marlborough City Council on April 14, 2025, the following bond, referred to the FINANCE COMMITTEE & ORDERED ADVERTISED: Councilor Navin Recused. WATER SERVICE LINE REPLACEMENT BOND That the sum of $750,000 (seven hundred fifty thousand dollars) be and is hereby appropriated for financing the engineering and construction of the replacement of water service lines containing lead piping through the Massachusetts Water Resources Authority (MWRA) Lead Service Line Replacement Loan Program. That to meet said appropriations the Comptroller/Treasurer, with the approval of the Mayor, is hereby authorized to borrow all or a portion of the $750,000.00 under and pursuant to the provisions of Chapter 44, Section 8(3) of the Massachusetts General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City of Marlborough (the “City”) therefor. Further that the Comptroller/Treasurer, with the approval of the Mayor, is authorized to borrow all or a portion of the foregoing amount from the MWRA and in connection therewith, to enter into a loan agreement and/or security agreement with the MWRA relative to such loan, and the Commissioner of Public Works, with the approval of the Mayor, is authorized to contract for and expend any Federal, State or other aide available for the project, including any grant related to such program from the MWRA, and the Mayor and/or the Comptroller/Treasurer, with the approval of the Mayor, are authorized to take any other action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Tax Increment Financing (TIF) Agreement with BH GRP TCAM OWNER II LLC (Greatland Realty Partners) and the Commonwealth of Massachusetts for the proposed construction and leasing of a new Crime Laboratory for the Massachusetts State Police at 100 Martinangelo Drive, referred to the FINANCE COMMITTEE; adopted. IN CITY COUNCIL 7 APRIL 14, 2025 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Ordinance Amendment to the City Code, Chapter 125 “Personnel” §6 “Salary Schedule” relative to the positions of Part-Time Assistant Electrical and Plumbing Inspectors, referred to the FINANCE COMMITTEE and ORDERED ADVERTISED; adopted. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: Effective Position Date Maximum Assistant Plumbing Not to exceed Inspector Upon Passage $40 per inspection Assistant Wiring Not to exceed Inspector Upon Passage $40 per inspection. II. This ordinance shall supersede and replace any existing rate for said position(s) in the current salary schedule. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Ordinance Amendment to the City Code, Chapter 125 “Personnel” §6 “Salary Schedule” relative to various leadership positions within the Department of Public Works, referred to the FINANCE COMMITTEE and ORDERED ADVERTISED; adopted. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: Position Step 0 Step 1 Step 2 Step 3 Head Treatment Plant Operator $112,000.00 $114,500.00 $117,000.00 $119,500.00 General Foreman $112,000.00 $114,500.00 $117,000.00 $119,500.00 Head Mechanic $112,000.00 $114,500.00 $117,000.00 $119,500.00 Assistant City Engineer $112,000.00 $114,500.00 $117,000.00 $119,500.00 II. This ordinance shall supersede and replace any existing rate for said position(s) in the current salary schedule. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Theodore L. Scott as DPW Commissioner for a 5-year term effective from the date of Council confirmation (April 14, 2030), APPROVED; adopted. IN CITY COUNCIL 8 APRIL 14, 2025 Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Procedure to Fill Vacant Ward 7 Councilor Position, referred to the LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Council President Ossing, re: Proposed Change to Marlborough City Charter relative to Section 59A for filling vacancies in the office of Mayor and City Council, referred to the LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Application 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, in proper legal form, Order No. 25-1009353B, MOVED TO ITEM #24 & FILE; adopted. Councilor Doucette Recused. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Fort Meadow Commission, re: 2024 Calendar Year Annual Report, FILE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Melynda Gallagher on behalf of Lost Shoe Brewing and Roasting Company, re: Request to extended use of outdoor seating to utilize additional space to include the plaza behind City Hall, referred to the LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, MAY 5, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Special Permit from Attorney Brian Falk, on behalf of Marlborough Hospital and UMASS Memorial Realty, Inc., to allow for a proposed 8,000 square foot expansion of the Emergency Department in addition to other state-of-the art improvements, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. Councilor Robey Recused. 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, February 25, 2025, March 11, 2025 & March 25, 2025. b) Conservation Commission, March 6, 2025 & March 20, 2025. c) Commission on Disabilities, March 4, 2024. d) Council on Aging, March 11, 2025. e) Planning Board, February 24, 2025. f) Traffic Commission, January 29, 2025. g) Zoning Board of Appeals, March 14, 2025 & March 25, 2025. IN CITY COUNCIL 9 APRIL 14, 2025 Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Greg Mitrakas, 39 Varley Road, pothole or other road defect. b) Louis-Philippe Monestime, 475 Northboro Road West, #3, pothole or other road defect. c) Dennys Morales, 15 Snowy Owl Lane, Worcester, pothole or other road defect. d) Dinali Pallie, 59 Newton Street, Northborough, pothole or other road defect. e) Carol Westerman, 46 Pioneer Trail, other property damage and/or personal injury. Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee Monday, March 31, 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 live on WMCT-TV (Comcast Channel 8 or Verizon/Fios Channel 34) and available for viewing on their website, https://www.wmct-tv.com. Voting Members: Chair Irish, Councilors Fuccillo, Brown, Oram and Vital. Non-Voting Members: Councilors Ossing, Robey, and Doucette. Also Present: Mayor Dumais, Recreation Director Thebado, City Auditor Smith, Comptroller Doheny, DPW Temporary Commissioner Scott, Chief of Staff Gutierrez. Order No. 25-1009392: Communication from Mayor Dumais together with a Transfer request in the amount of $41,533.50 for the Recreation Department moving funds from: Senior Clerk to: Equipment & Supplies/Youth Activities to fund equipment and field upgrades. Chair Irish read the letter from Mayor Dumais. Director Thebado addressed the transfer. On a motion by Councilor Brown, seconded by the chair, the committee recommended approval of the transfer in the amount of $41,533.50 for the Recreation Department moving funds from Senior Clerk to Equipment & Supplies/Youth Activities to fund equipment and field upgrades. Vote 5-0 with suspension. Order No. 25-1009393: Communication from Mayor Dumais together with a Transfer request in the amount of $346,051.93 from Reserve for Salaries to various accounts to fund the collective bargaining agreements with the Engineers, Foreman and Patrol unions. The Chair read the letter from Mayor Dumais. On a motion by Councilor Oram, seconded by the chair, the committee recommended approval of the transfer in the amount of $346,051.93 from Reserve for Salaries to various accounts to fund the collective bargaining agreements with the Engineers, Foreman and Patrol unions. Vote 5-0 with suspension. Motion made by Councilor Brown and seconded to adjourn; the meeting adjourned at 7:18 PM. IN CITY COUNCIL 10 APRIL 14, 2025 Reports of Committee Continued: Councilor Brown reported the following out of the Legislative & Legal Affairs Committee: City Council Legislative & Legal Affairs Committee Monday, March 31, 2025 Minutes and Report This meeting convened at 7:30 PM in the City Council Chamber, second floor, City Hall. Public attendance was permitted. The meeting was televised on WMCT-TV (Comcast Channel 8 and Verizon/Fios Channel 34) and available for viewing live on the WMCT-TV website, https://www.wmct-tv.com/watch Committee Members Present: Chair Brown, Councilors Robey and Fuccillo. Other Councilors Present: Councilors Preciado, Vital, Doucette, Oram, Irish and Ossing. Order No. 25-1009383: Communication from Councilor Preciado re: Proposed Ordinance to add to Chapter 250 “Animals” a new section relating to “Rodents”. The Chair read the letter from Councilor Preciado regarding the proposed ordinance. The Chair stated that the BOH Director sent an email in support of the proposed ordinance and recommending the deletion of Part B. The Chair stated that Conservation Officer Priscilla Ryder is also in support of the ordinance. Sponsoring Councilor Preciado stated that Mass Audubon has provided a letter to the Mayor and City Council in support of the ordinance. The Chair introduced Alyssa Giaquinto of the Giaquinto Wildlife Rehab Center who presented a slide show explaining the deadly effects of secondary rodenticide poisoning on wildlife and alternatives like rodent birth control. Alyssa brought Bella, a female barn owl to the meeting, explaining that she eats 1000 rodents a year. She stated that our wildlife is our silent partner in this crisis and although resilient we need to do our part to keep them healthy. Motion by Councilor Robey, seconded by the Chair, to recommend approval of the ordinance with amendment recommended from the Board of Health to strike Part B. “Emergency waivers for the use of SGARs on City owned property” and to suspend the rules to refer the ordinance to the City Solicitor to place in proper legal form. Vote 3-0. Motion made and seconded to adjourn; the meeting adjourned at 8:01 PM. Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs & Housing Committee Monday, April 7, 2025 Minutes and Report This meeting convened at 7:30 PM in the City Council Chamber and was open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8 or Verizon/Fios Channel 34) and available for viewing on their website, https://www.wmct-tv.com. The meeting may be viewed on the city’s website, www.marlborough-ma.gov. Voting members present were Chairman Katie Robey, Councilor Navin, Councilor Doucette, Councilor Fuccillo and Councilor Preciado. Also present were Councilors Brown, Irish, Ossing and Vital. Order No.25-1009354: Special Permit Modification to amend an existing special permit to build and operate a multifamily residential development at 339 Boston Post Road East. IN CITY COUNCIL 11 APRIL 14, 2025 Reports of Committee Continued: The chair read the comments from Department Managers and read through the draft Decision on an amendment to a Special Permit and noted the following typos that need to be corrected: • Finding of Facts #3 the date of the council approved the original Special Permit is September 12, 2022. • Finding of Facts #6 (iii) Rectangular rapid flashing beacons on the... should be at the • In Item C. Grants the applicant an amendment to delete condition No. 89(c) and insert the following-c. "In addition...flashing beacons on the" should be flashing beacons at the. The chair also suggested the following amendment to the draft: • In C., second ¶ "In addition, the city...add to end the following new sentence: The $25,000 will be deposited into the Mcgee Farm Mitigation Stabilization Account # 83600-32728, established by City Council November 4, 2024. Councilor Navin moved to approve the draft Special Permit to amend an existing special permit to build and operate a multifamily residential development at 339 Boston Post Road East as amended; it was seconded and carried 5-0. The chair will ask for suspension at the April 14 Council meeting to refer to Solicitor. Councilor Doucette moved to adjourn, it was seconded and carried 5-0. the meeting adjourned at 7:46 PM. Councilor Robey reported the following out of the Open Space Committee: City Council Open Space Committee Monday, April 7, 2025 Minutes and Report This meeting convened at 7:50 PM in the City Council Chamber and was open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8 or Verizon/Fios Channel 34) and available for viewing on their website, https://www.wmct-tv.com. The meeting may be viewed on the city’s website, www.marlborough-ma.gov. Voting members present were Chairman Katie Robey, Councilor Navin, and Councilor Preciado. Also present were Councilors Brown, Doucette, Fuccillo, Irish, Ossing and Vital. Order No. 25-1009394: Communication from Mayor Dumais with letter from Priscilla Ryder, Conservation Officer/Sustainability Officer, presenting the Draft Open Space Plan for public review and comment on behalf of the Open Space and Recreation Committee. The chair read the letter from the mayor and introduced Priscilla Ryder who gave her presentation of the Draft Open Space Plan taking pieces of the full document to provide an overview. Priscilla explained the plan is our ticket to get state and federal grants for projects as many grants have a prerequisite of an approved Open Space and Recreation Plan. She is looking for comments from the public that will be incorporated into the plan and the plans can be found on the city website under the Conservation Commission web page at the link: Open Space Plan | Marlborough, MA. Councilors offered feedback including 3 places of focus to be added to Map 10, Open Space Plan. The chair noted that there is no action at this time except for the draft plan to filed. Once a final plan is completed, it will come back to the council for approval. Councilor Navin moved to adjourn, it was seconded and carried 3-0. The meeting adjourned at 9:13 PM. IN CITY COUNCIL 12 APRIL 14, 2025 Suspension of the Rules requested – granted. Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Transfer Request in the amount of $41,533.50 (Forty-one thousand five hundred thirty-three dollars and fifty cents) for the Recreation Department, which moves funds from Senior Clerk to Equipment & Supplies-Youth Activities to fund equipment and field upgrades, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Recreation Department FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $41,533.50 $41,533.50 14920002 50770 Sr. Clerk $41,533.50 14920007 53610 Equip & Supplies-Youth Activities $15,228.09 Reason: Funds available Additional funds needed for equipment & field upgrades at city facilities $41,533.50 Total $41,533.50 Total $15,228.09 Suspension of the Rules requested – granted. Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Transfer Request in the amount of $364,051.93 (Three hundred sixty-four thousand, fifty-one dollars and ninety-three cents) from Reserve for Salaries to various accounts to fund the collective bargaining agreements with the Engineers, Foreman and Patrol unions, APPROVED; adopted. 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 $872,925.00 $364,051.93 11990006 57820 Reserve for Salaries $112,273.46 12100001 50420 Police Officers $1,053,148.60 Reason: Reason: Contractual Obligation $914.34 12100001 50435 Police Specialist $30,780.20 Reason: Contractual Obligation $15,986.72 12100003 51310 Overtime Regular $54,548.48 Reason: Contractual Obligation $129.16 12100003 51319 Overtime Cell Watch $4,851.44 Reason: Contractual Obligation $1,393.57 12100003 51320 Overtime Court $86,891.85 Reason: Contractual Obligation $347.85 12100003 51329 On-Call Pay $5,648.84 Reason: Contractual Obligation $1,842.22 12100003 51360 Overtime Training $352.95 Reason: Contractual Obligation $78,336.17 12100003 51440 Educational Incentive $238,184.00 Reason: Contractual Obligation $821.44 12100003 51450 Night Shift Differential $67,464.20 Reason: Contractual Obligation $7,645.73 12100003 51490 Holiday $75,742.80 Reason: Contractual Obligation IN CITY COUNCIL 13 APRIL 14, 2025 $2,211.42 12100003 51920 Sick Leave Buy Back $44,752.68 Reason: Contractual Obligation $8,585.82 14001301 50690 General Foreman $28,140.44 Reason: Contractual Obligation $2,687.74 14001401 50690 Foreman $25,354.34 Reason: Contractual Obligation $5,375.47 14001501 50690 General Foreman $35,300.00 Reason: Contractual Obligation $2,687.73 14003001 50690 Foreman $23,454.39 Reason: Contractual Obligation $10,747.21 61090001 50690 Foreman $94,367.04 Reason: Contractual Obligation $2,687.74 61090001 50780 Chief Pumping St $23,454.34 Reason: Contractual Obligation $884.64 14001303 51310 Overtime Regular $20,055.29 Reason: Contractual Obligation $266.49 14001403 51310 Overtime Regular $4,539.57 Reason: Contractual Obligation $1,238.53 14001503 51310 Overtime Regular $22,209.41 Reason: Contractual Obligation $1,028.06 14003003 51310 Overtime Regular $6,290.68 Reason: Contractual Obligation $1,419.00 61090003 51310 Overtime Regular $110,350.23 Reason: Contractual Obligation $1,791.82 14001303 51920 Sick Leave Buy Back $136.48 Reason: Contractual Obligation $298.64 14001503 51920 Sick Leave Buy Back $8,363.62 Reason: Contractual Obligation $149.32 14003003 51920 Sick Leave Buy Back $81.81 Reason: Contractual Obligation $121.32 61090003 51920 Sick Leave Buy Back $979.58 Reason: Contractual Obligation $297.48 14001303 51430 Longevity $170.30 . Reason: Contractual Obligation $129.41 14001403 51430 Longevity $141.70 Reason: Contractual Obligation $258.82 14001503 51430 Longevity $1,004.77 Reason: Contractual Obligation $51.76 14003003 51430 Longevity $74.54 Reason: Contractual Obligation $129.41 61090003 51430 Longevity $124.12 Reason: Contractual Obligation IN CITY COUNCIL 14 APRIL 14, 2025 $74.98 14001303 51470 Interim Foreman $9,058.53 Reason: Contractual Obligation $71.71 14001403 51470 Interim Foreman $4,244.63 Reason: Contractual Obligation $529.62 14001503 51470 Interim Foreman $13,079.64 Reason: Contractual Obligation $48.46 61090003 51470 Interim Foreman $1,542.68 Reason: Contractual Obligation $100.00 14001303 51440 Educational Incentive $2,000.00 Reason: Contractual Obligation $100.00 14001403 51440 Educational Incentive $3,300.00 Reason: Contractual Obligation $400.00 14001503 51440 Educational Incentive $0.00 Reason: Contractual Obligation $700.00 14003003 51440 Educational Incentive $400.00 Reason: Contractual Obligation $28,669.23 11990006 51500 Fringes $0.00 Reason: Contractual Obligation $3,227.17 13032002 50680 General Foreman $28,007.52 Reason: Contractual Obligation $2,712.77 14001101 50108 GIS Administrator $23,567.06 Reason: Contractual Obligation $1,783.80 14001101 50700 Grade 2 Engineer $16,627.72 Reason: Contractual Obligation $2,877.98 14001101 50705 Asst Civil Engineer $24,991.76 Reason: Contractual Obligation $8,090.18 14001101 50710 Junior Civil Engineer $96,741.71 Reason: Contractual Obligation $3,225.49 14001301 50660 General Foreman $28,140.44 Reason: Contractual Obligation $3,225.49 14001401 50692 Supt of Automotive $28,140.46 Reason: Contractual Obligation $2,656.78 60080001 50570 Chemist $23,180.54 Reason: Contractual Obligation $1,997.11 60080001 50580 Asst Chemist $17,354.28 Reason: Contractual Obligation $12,071.67 60081001 50850 Sewage Tr Plt Operator $106,783.68 Reason: Contractual Obligation $3,146.98 60081001 50910 Head Treatment Plant $24,085.13 Reason: Contractual Obligation $9,548.76 60085001 50850 Sewage Tr Plt Operator $88,293.53 Reason: Contractual Obligation $3,142.84 60085001 50910 Head Treatment Plant $29,976.95 IN CITY COUNCIL 15 APRIL 14, 2025 Reason: Contractual Obligation $3,225.49 61090001 50680 General Foreman $28,140.47 Reason: Contractual Obligation $179.19 11920003 51920 Sick Leave Buy Back $3,228.43 Reason: Contractual Obligation $285.71 14001103 51920 Sick Leave Buy Back $1,050.90 Reason: Contractual Obligation $149.51 14001303 51920 Sick Leave Buy Back $136.48 Reason: Contractual Obligation $316.22 60081003 51920 Sick Leave Buy Back $1,972.80 Reason: Contractual Obligation $163.51 61090003 51920 Sick Leave Buy Back $979.58 Reason: Contractual Obligation $361.40 14001103 51310 Overtime Regular $6,888.76 Reason: Contractual Obligation $139.92 60080003 51310 Overtime Regular $890.72 Reason: Contractual Obligation $2,571.52 60081003 51310 Overtime Regular $29,134.55 Reason: Contractual Obligation $2,448.37 60085003 51310 Overtime Regular $21,456.14 Reason: Contractual Obligation $93.18 11920003 51430 Longevity $1,021.06 Reason: Contractual Obligation $186.04 14001103 51430 Longevity $5,798.58 Reason: Contractual Obligation $155.30 14001303 51430 Longevity $170.30 Reason: Contractual Obligation $155.30 14001403 51430 Longevity $141.70 Reason: Contractual Obligation $76.75 60080003 51430 Longevity $141.62 Reason: Contractual Obligation $268.09 60081003 51430 Longevity $463.59 Reason: Contractual Obligation $1,568.46 60085003 51430 Longevity $26.41 Reason: Contractual Obligation $62.12 61090003 51430 Longevity $124.12 Reason: Contractual Obligation $71.34 60080003 51470 Interim Foreman $1,371.29 Reason: Contractual Obligation $58.91 60081003 51470 Interim Foreman $4,112.47 Reason: Contractual Obligation $76.09 60085003 51470 Interim Foreman $544.32 Reason: Contractual Obligation IN CITY COUNCIL 16 APRIL 14, 2025 $100.00 14001403 51440 Educational Incentive $3,300.00 . Reason: Contractual Obligation $100.00 60081003 51440 Educational Incentive $0.00 Reason: Contractual Obligation $100.00 61090003 51440 Educational Incentive $1,200.00 Reason: Contractual Obligation $364,051.93 $364,051.93 Suspension of the Rules requested – granted. Motion by Councilor Brown, to move the recommendation of the Legislative & Legal Affairs Committee to approve the following, seconded by the Chair: ORDERED: That the Proposed Ordinance Amendment to Chapter 250 “Animals” to add a new Section relating to “Rodents”, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE APRIL 28, 2025, COUNCIL MEETING; adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, as follows: Article XI Rodents §250-11. Definitions – As used in this article, the following terms shall have the meanings indicated: RODENTICIDES – A subclass of pesticides, defined under the Massachusetts Pesticide Control Act MGL c.132B as substances or mixtures of substances intended to prevent, destroy, repel, or mitigate rodents that are declared to be pests by the Massachusetts pesticide board. SECOND-GENERATION ANTICOAGULANT RODENTICIDES (SGARs) – Rodenticides developed to control rodents that are resistant to First-Generation Anticoagulant Rodenticides and contain compounds that interfere with blood clotting and cause death from excessive bleeding, while also remaining in animal tissues for an extended period of time. These products currently include, but are not limited to, those products containing brodifacoum, bromadiolone, difenacoum, or difethialone. § 250-XII. Use of Second-Generation Anticoagulant Rodenticides. A. The use of SGARs on City-owned properties is hereby prohibited as of the effective date of this policy. This policy applies to all City-owned property, including buildings, grounds, parks, open spaces, and the public right of way, and shall be adhered to by all employees of the City of Marlborough, as well as third party vendors and contractors providing services at City-owned property. B. Emergency waivers for the use of SGARs on City-owned property may be obtained from the Board of Health Department. Emergency waivers shall be restricted in time and location and shall only be granted after a well-documented request detailing a significant rodent infestation of public health consequence that has already exhausted all viable less-toxic integrated pest and rodent management practices. IN CITY COUNCIL 17 APRIL 14, 2025 All provisions of the Code of the City of Marlborough, as amended, which are consistent with this Ordinance, shall continue in effect but all provisions of said Code inconsistent herewith are repealed. This Ordinance shall take effect upon its passage in accordance with the provisions of Chapter 43 of the General Laws of the Commonwealth of Massachusetts, as amended. Suspension of the Rules requested – granted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That 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 LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE APRIL 28, 2025, COUNCIL MEETING; adopted. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING 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; APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening. IN CITY COUNCIL 18 APRIL 14, 2025 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED IN CITY COUNCIL NOTICE OF DECISION GRANT OF SPECIAL PERMIT ORDER NO. 25-1009353C Application of: McDonald’s USA, LLC 110 N Carpenter Street Chicago, IL 60607 Locus: 735 Boston Post Road East Marlborough, MA 01752 Assessors Map 23, Parcel(s) 61 DECISION ON A SPECIAL PERMIT The City Council of the City of Marlborough hereby GRANTS the application for a Special Permit to McDonald’s USA, LLC (the “Applicant”) for one (1) drive-through service window for a restaurant located at 735 Boston Post Road East, Marlborough, Massachusetts, as provided in this Decision and subject to the following Procedural Findings and Findings of Facts and Conditions. FINDINGS OF FACT AND RULING 1. The Applicant is a duly organized and existing foreign Limited Liability Company having a business address of 110 N Carpenter Street, Chicago, IL 60607. 2. The Applicant is the prospective lessee of a portion of the property located at 735 Boston Post Road East, Marlborough, Massachusetts, as shown on the Assessors Map of the City of Marlborough as a portion of Map 61, Parcel 23 (the “Site”). The Site is owned by Route 20 Marlboro Properties LLC. 3. The Applicant proposes to raze and remove the existing building and former diner foundation on the Site and completely redevelop the Property with a new approximately 3,830 square foot McDonald’s restaurant with one (1) drive-through service window, landscaping and parking areas (the “Project”). 4. The Site is located in the Wayside Zoning District as determined by the Zoning Map of the City of Marlborough. 5. The Applicant’s use of the Site as a restaurant with a drive-through service window is allowed by special permit pursuant to Sections 650-14.B(2) and 650-17 of the Zoning Ordinance. 6. The Site has an area of approximately 74,000 square feet. IN CITY COUNCIL 19 APRIL 14, 2025 7. The Applicant filed with the City Clerk of the City of Marlborough an Application for a Special Permit (“Application”). In connection with the Application, the Applicant has submitted a certified list of abutters, filing fees, a project narrative, a Traffic Impact and Access Study dated December 12, 2024, prepared by Chappell Engineering Associates, LLC, and a Drainage Report dated October 30, 2024, prepared by Bohler Engineering. The Applicant also submitted a set of plans entitled “Proposed Site Plan Documents for Proposed McDonald’s Restaurant w/ Drive-Thru”, which include a plan of the existing site entitled “Existing Conditions/Demolition Plan,” an “Overall Site Plan,” and a detailed site plan of the proposed site entitled “Site Development Plans,” with associated “Grading & Drainage Plan,” “Utility Plan,” “Soil Erosion and Sediment Control Plan” with “Erosion and Sediment Control Notes and Details,” “Construction Details,” “Landscape Plan” with “Landscape Notes and Details,” and “Lighting Plan,” all plans prepared by Bohler Engineering, 352 Turnpike Road, 3rd Floor, Southborough, MA 01772 with a last revision date of October 25, 2024 (the “Plans”), as “ATTACHMENT A”. 8. The Application was certified 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. 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 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, held a public hearing on the application on Monday, February 24, 2025. The hearing was closed on February 24, 2025. 11. The Applicant, through its representatives, presented testimony at the public hearing detailing the Project, describing its impact upon municipal services, the neighborhood, and traffic. One member of the public spoke in opposition to the Project based on concerns of truck noise from garbage removal operations, light trespass and general noise concerns. 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, and in compliance with the requirements for drive-through windows as set forth in Section 650-18(31), 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. IN CITY COUNCIL 20 APRIL 14, 2025 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 to operate one (1) drive-through service window 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 shall 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. 2. Compliance with Applicable Laws. The Applicant, its successors and/or assigns agrees to comply with all municipal, state, and federal rules, regulations, statutes, and ordinances as they may apply to the construction, maintenance, and operation of the Project. 3. Site Plan Review. The issuance of the Special Permit is further subject to detailed Site Plan Review 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 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. 4. Modification of Plans. Notwithstanding conditions #1 and #3 above, the Site Plan Review Committee may make engineering changes to the Plans, so long as said changes do not change the use of the Project as approved herein, or materially increase the impervious area of the Project, reduce the green area, alter traffic flow, increase the size, shape or position of the building, or alter the fencing bordering the property, all as shown on the Plans. 5. Signs and Awnings. The locations and design of signage shall be reviewed and approved by the City of Marlborough in accordance with the Sign Ordinance of the City of Marlborough without variance therefrom except as herein provided. No posters, graphics, lettering or any other form of advertising shall be affixed to windows or hanging inside or in front of windows. 6. 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, including exhibits thereto, 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. 7. Hours of Operation. The hours of operation for the restaurant and the drive-through window shall not exceed Monday through Sunday, 5:00 AM to 2:00 AM. There will be no 24-hour operation. IN CITY COUNCIL 21 APRIL 14, 2025 8. Storm Water 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 including weekends and evenings when storms are predicted. This individual(s) shall ensure that no untreated stormwater leaves the Site consistent with the State’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. 9. Traffic Signage. The location and placement of pavement markings and traffic directional signage, as set forth in the Plans, shall be reviewed and approved by the City of Marlborough during Site Plan Review in accordance with applicable rules and regulations of the City of Marlborough. 10. Parking. Parking areas shall be swept and maintained by the Applicant, its successors and/or assigns as necessary. The Applicant, its successors and/or assigns shall be responsible for providing, installing and maintaining all signage or markings as set forth in the Plans and as may be reviewed and modified during Site Plan Review in accordance with applicable rules and regulations of the City of Marlborough. Such signage or markings shall meet the standards of the Manual on Uniform Traffic Control Devices. 11. Additional “No Loud Music” Signage. The Applicant shall include one (1) sign in each of the three parking areas instructing customers that playing loud music is not permitted on the Site. 12. No Overnight Parking. There shall be no overnight parking at the Site. 13. Drive-Through Speakers. The drive-through window shall employ a pedestal speaker system that automatically adjusts to the ambient noise so as to minimize the noise emanating from the speaker system to levels comporting with the Noise Ordinance of the City of Marlborough. The drive-through audio speakers shall not produce noise at the rear property line of the parcel on which the Site is located, shown as Map 61, Parcel 23 on the Assessors Map of the City of Marlborough, greater than that which would be allowed in a residential zone pursuant to the Noise Ordinance of the City of Marlborough. 14. Deliveries. In order to mitigate noise concerns for residential abutters, no deliveries to the Site by semi-trailers shall occur prior to 7:00 AM or after 7:00 PM. 15. Lighting. The Applicant, its successors and/or assigns shall install lighting in accordance with the requirements of the Code of the City of Marlborough and the Lighting Plan, Sheet L-201 of the Plans, to prevent light trespass from the Site onto neighboring properties. 16. Landscaping. The Applicant, its successors and/or assigns agrees to plant and maintain in good condition the Project’s landscaping substantially in conformance with the Plans as may be amended during Site Plan Review IN CITY COUNCIL 22 APRIL 14, 2025 17. Trash. The Applicant, its successors and/or assigns agrees to keep dumpsters covered and to screen the Project’s trash area by constructing the dumpster enclosure as depicted on the Plans, Sheet C-902.The Applicant, its successors and/or assigns further agrees that the dumpsters located on the Site shall be covered. No trash pickup shall occur before 7:00 AM or after 7:00 PM. 18. Snow Removal. The Applicant, its successors and/or assigns shall maintain and conduct snow storage and removal on the Site and shall store or remove snow as necessary to provide for clear and safe traffic flow on the Site. 19. Recording of Decision. In accordance with the provisions of MGL Chapter 40A, § 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 a Building Permit is issued. Applicant, its affiliates, successors and/or assigns shall also furnish proof of recording to the City Solicitor’s Office and the City Council immediately subsequent to recording. Yea: 9 – Nay: 0 – Abstain: 1 Yea: Vital, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Abstain: Doucette. 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 8:59 PM; adopted.