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, MAY 19, 2025 The regular meeting of the City Council was held on Monday, May 19, 2025, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin & Oram. Absent: Robey. Meeting adjourned at 9:58 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, MAY 5, 2025, FILE; adopted. That the PUBLIC HEARING on the Proposed Fiscal Year 2026 Operating Budget in the amount of $215,302,846.00 which represents a 9.91% increase over the Fiscal Year 2025 appropriation, Order No. 25-1009439, all were heard who wish to be heard, hearing closed at 9:00 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram & Ossing. Councilors Absent: Robey. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: Whereas Steven W. Kerrigan having received nine (9) votes for the position of City Clerk, and six (6) votes being necessary for election, Steven W. Kerrigan be and is herewith REELECTED as City Clerk of the City of Marlborough effective immediately for a three (3) year term to expire on May 20, 2028; adopted. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Certification from Ward 6 Councilor Trey Fuccillo as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding 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, a new Multidisciplinary Clinic and a Proton Therapy Center, FILE; adopted. IN CITY COUNCIL 2 MAY 19, 2025 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Year-End Transfer Request in the amount of $393,500.00 (Three hundred ninety-three thousand five hundred dollars) which moves funds from and to various accounts as noted on the spreadsheets for the Department of Public Works, Public Facilities and the Legal Department, referred to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS DEPT: DPW - WWTP FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $42,095.68 $5,000.00 60085001 50850 Treat. Plant Oper. $5,000.00 60085006 55980 West Waste Water $33,411.80 Reason: Excess due to previous vacancy Emergency Generator Enclosure $23,659.58 $4,000.00 14001001 50600 DPW Comm. $4,000.00 60085006 55980 West Waste Water $33,411.80 Reason: Excess due to previous vacancy Emergency Generator Enclosure $35,568.29 $30,000.00 14001001 50630 Asst. Comm. Ops. $30,000.00 60085006 55980 West Waste Water $33,411.80 Reason: Excess due to vacancy Emergency Generator Enclosure $20,000.00 $11,000.00 60080003 51380 OT Water/Sewer $11,000.00 60085006 55980 West Waste Water $33,411.80 Reason: Excess due to usage Emergency Generator Enclosure $50,000.00 Total $50,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS DEPT: DPW - ENG - Fleet - Streets - RDF - EWTP FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $59,752.62 $30,000.00 14001101 50710 Junior Civil Eng. $30,000.00 14001104 53180 Prof. & Tech Serv. $50,416.38 Excess due to vacancy Culvert Design Services $19,811.45 $4,000.00 14001101 50640 City Engineer $4,000.00 14001104 53180 Prof. & Tech Serv. $50,416.38 Excess due to step Culvert Design Services $116,947.62 $32,000.00 14001303 50740 Equip. Operator $32,000.00 14001104 53180 Prof. & Tech Serv. $50,416.38 Excess due to vacancy Culvert Design Services $29,737.14 $22,000.00 14003003 51240 Attendant $22,000.00 14001104 53180 Prof. & Tech Serv. $50,416.38 Reason: Excess due to vacancy Culvert Design Services $88,000.00 Total $88,000.00 Total IN CITY COUNCIL 3 MAY 19, 2025 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - FAC - RDF - FPC FISCAL YEAR: FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $21,789.50 $12,000.00 13032001 50690 Foreman $12,000.00 13032006 52469 Repairs & Maint $85,874.20 Reason: Excess due to workers comp. Various Facility School Projects $35,300.00 $10,000.00 14001501 50680 General Foreman $10,000.00 13032006 52469 Repairs & Maint $85,874.20 Reason: Excess due to vacancy Various Facility School Projects $43,060.00 $22,000.00 14001501 50690 Foreman $22,000.00 13032006 52469 Repairs & Maint $85,874.20 Reason: Excess due to vacancy Various Facility School Projects $145,343.53 $44,000.00 14001503 50740 Equip. Operator $44,000.00 13032006 52469 Repairs & Maint $85,874.20 Reason: Excess due to vacancy Various Facility School Projects $9,400.00 $9,000.00 14003001 50750 Equip. Operator $9,000.00 13032006 52469 Repairs & Maint $85,874.20 Reason: Excess due to vacancy Various Facility School Projects $97,000.00 Total $97,000.00 Total CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW - Water - EWWTP - SEW - FAC FISCAL YEAR: FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $36,124.08 $2,000.00 11920003 50560 Houseworker $2,000.00 11920006 52469 Repairs & Maint $54,037.32 Reason: Excess due to vacancy Various City Facility Projects $120,772.62 $85,000.00 61090001 50740 Equip. Operator $85,000.00 11920006 52469 Repairs & Maint $54,037.32 Reason: Excess due to vacancy Various City Facility Projects $48,829.23 $4,000.00 60081001 50850 Treat. Plant Oper. $4,000.00 11920006 52469 Repairs & Maint $54,037.32 Reason: Excess due to previous vacancy Various City Facility Projects $21,811.45 $5,000.00 60080001 50630 Asst. Comm, Util. $5,000.00 11920006 52469 Repairs & Maint $54,037.32 Reason: Excess due to step Various City Facility Projects $20,000.00 $9,000.00 60080003 51380 OT Water/Sewer $9,000.00 11920006 52469 Repairs & Maint $54,037.32 Reason: Excess due to usage Various City Facility Projects $105,000.00 Total $105,000.00 Total IN CITY COUNCIL 4 MAY 19, 2025 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 $53,770.18 $6,500.00 11520004 53140 Contract Services $53,500.00 11510004 53110 Legal Services $142.30 Reason: Costs lower than expected Funds needed through year-end $55,836.82 $47,000.00 15430006 57710 Veterans Benefits Lower veterans benefits for FY25 $53,500.00 Total $53,500.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $19,500.00 (Nineteen thousand five hundred dollars) from Undesignated Fund (Free Cash) to Open Space Stabilization, 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 $8,406,745.40 $19,500.00 10000 35900 Undesignated Fund $19,500.00 83600 32918 Stabilization-Open Space $665,905.93 Reason: To transfer annual wireless antennae payments received by the City in fiscal year 2024 to Open Space Stabilization $19,500.00 Total $19,500.00 Total IN CITY COUNCIL 5 MAY 19, 2025 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $1,321,219.00 (One million three hundred twenty-one thousand two hundred nineteen dollars) which moves funds from Undesignated Fund (Free Cash) to Overtime-Snow & Ice ($220,000.00), Snow Removal ($533,100.00) and Operating Expenses ($568,119.00) respectively to fund FY 2025 deficit, referred to FINANCE COMMITTEE; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: DPW FISCAL YEAR: 2025 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $8,406,745.00 $1,321,219.00 10000 35900 Undesignated Fund $220,000.00 14001203 51390 Overtime-Snow & Ice -$219,569.99 Reason: To fund the snow & ice deficit for FY25 $533,100.00 14001206 52960 Snow Removal -$533,042.38 $568,119.00 14001206 57040 Operating Expenses -$567,183.11 $1,321,219.00 Total $1,321,219.00 Total Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than five hundred thousand dollars ($500,000.00) shall be expended from the Water and Sewer Revolving Fund during fiscal year 2026, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than three hundred fifty thousand dollars ($350,000.00) shall be expended from the Parks and Recreation Revolving Fund during fiscal year 2026, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than one hundred fifty thousand dollars ($150,000.00) shall be expended from the Council on Aging Revolving Fund during fiscal year 2026, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than one hundred forty-three thousand five hundred twenty dollars ($143,520.00) shall be expended from the Public Safety Revolving Fund during fiscal year 2026, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $130,410.00 (One hundred thirty thousand four hundred ten dollars) from the Executive Office of Elder Affairs (EOEA) awarded to the Council on Aging for Fiscal Year 2024, to be used for senior programming; adopted. IN CITY COUNCIL 6 MAY 19, 2025 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $139,725.00 (One hundred thirty- nine thousand seven hundred twenty-five dollars) from the Executive Office of Elder Affairs (EOEA) awarded to the Council on Aging for Fiscal Year 2025, to be used for senior programming; adopted. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Ordinance Amendments the City Code, Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” and to Chapter 125 “Personnel” §6 “Salary Schedule” relative to creating the position of Deputy Chief for the Police Department, referred to FINANCE COMMITTEE & ADVERTISE; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Police Chief David Giorgi as Keeper of the Lock-Up for a term of 1-year pursuant to MGL Chapter 40, §35, APPROVED; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Application for Amendment to a Special Permit from Green Meadows Farms, LLC, to allow for Medical Marijuana sales in addition to Adult Use Marijuana sales at a facility to be located at 239 Boston Post Road West, in proper legal form, Order No. 25-1009378A (X 21-1008214C), MOVED TO ITEM #23 & FILE; adopted. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY JUNE 9, 2025, as the DATE FOR PUBLIC HEARING, on the Petition of Comcast, to install new underground conduit starting at Pole #55 excavating to place one 3” PVC conduit 158’ +/- and a proposed 2’ x 3’ vault to provide service to 630 Forest Street; adopted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Request of 272 Lincoln Street LLC, for Approval of a change of building color pursuant to condition number 3 “Modification of Plans” and condition number 4 “Modification of Plans” of the original Special Permit granted February 27, 2024 (Order No. 22/23-1008709D) the City Council hereby approves the changes as depicted on the photos attached hereto for the property at 272 Lincoln Street, APPROVED; adopted. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Antoine Bitar, d/b/a Hannoush Jewelers, 601 Donald J. Lynch Boulevard, APPROVED; adopted. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer license and associated waivers by TVI, Inc., d/b/a Savers, 222A East Main Street, be and is herewith APPROVED WITH THE FOLLOWING CONDITIONS AND WAIVERS, APPROVED; adopted. Conditions 1. The license shall not be transferred without prior review and approval of the City Council. 2. The license hereby granted is issued to TVI, Inc. d/b/a Savers only and is applicable only to the 222A East Main Street location. IN CITY COUNCIL 7 MAY 19, 2025 3. There will be no exterior storage, display or sales of merchandise, other than a recycle trailer, a cloth delivery trailer with items waiting to be processed, and a local trailer from one of Savers' charitable partners delivering merchandise to the store. No more than three such trailers and trucks shall be parked at the loading dock area in the rear of the building at any one time, and no such trailers or trucks shall be parked on any other side of the building at any time. 4. Donations shall take place only during the hours of operation which shall be 9:00 A.M to 9:30 P.M. Monday through Saturday and 10:00 A.M. to 7:00 P.M. on Sundays, and during the month of October from 9:00 A.M. to 10:00 P.M. Monday through Saturday and 10:00 A.M. to 10:00 P.M. on Sundays. 5. No Savers' donation boxes shall be permitted outside of the building. 6. No scrolling or rotating message signs shall be permitted as part of Savers' signage plans. 7. Glue boards shall be installed at locations within the business premises satisfactory to the Marlborough Board of Health and Savers, and a monthly monitoring program shall be implemented consisting of a logbook for said glue boards satisfactory to the Board of Health. 8. This license shall be subject to revocation or suspension for noncompliance of the above conditions or other applicable local ordinances or state laws. 9. The waivers granted as part of this license shall no longer be applicable should Savers commence paying the general public for merchandise delivered without first obtaining the review and approval of the City Council. Waivers 1. The waiver of Section 377-4 of the Ordinance as requested by Savers is not granted because Section 377-4 is not applicable to Savers' operations. 2. The waiver of Section 377-5 of the Ordinance is granted with respect to the last sentence thereof requiring the City Clerk to keep a list of persons employed by Savers. All other provisions of Section 377-5, other than the duty of the City Clerk to keep a record of the name and residence of each dealer, are not applicable to Savers. 3. The provisions of Sections 377-6, 377-7 and 377-9 of the Ordinance are waived in their entirety Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Department of Public Utilities, re: Notice of Public Hearing and Request for Comments on the 2025 Climate Compliance Plan of Eversource Gas Company d/b/a Eversource Energy and NSTAR Gas Company d/b/a Eversource Energy, FILE; adopted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Department of Public Utilities, re: Notice of Filing and Request for Comments on the Petition of NSTAR Electric Company d/b/a Eversource Energy for Approval of its revised 2025 Energy Efficiency Reconciling Factors for effect July 1, 2025, FILE; adopted. Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from Central MA Mosquito Control Project, re: Personnel will be in the community responding to residents’ concerns about mosquitos on various dates in June 2025, FILE; adopted. IN CITY COUNCIL 8 MAY 19, 2025 Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Brian Falk on behalf of the Gutierrez Company and the Marlborough/Northborough Realty Trust, re: Proposed Zoning Amendment to Chapter 650 “Zoning” to create the “Ames Village Overlay District” (AOD), referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, JUNE 9, 2025; 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) Board of Assessors, March 28, 2025. b) Council on Aging, April 8, 2025. c) Historical Commission, March 20, 2025. d) Traffic Commission, March 28, 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) Kathleen Connors, 49 Karopulios Drive, other property damage and/or personal injury. Councilor Navin reported the following out of the Urban Affairs Committee: Urban Affairs & Housing Committee May 13, 2025 Minutes and Report This meeting convened at 6:30 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 present: Chairman Robey, Councilor Navin, Councilor Doucette, Councilor Fuccillo and Councilor Preciado. Also present were Councilors Irish, Ossing, Councilor Oram arrived at 6:40 PM. Order No.25-1009369: Application for Special Permit from Attorney Brian Falk, on behalf of GR Development LLC, d/b/a Washvile Car Wash, for a proposed state of the art Car Wash to be located at 223 East Main Street (former Bank of America location). The chair opened the meeting and Attorney Falk introduced Jim Waterman, Executive Vice- President of GR Development, LLC dba Washvile Car Wash and Bob Michaud from MDM Transportation Consultants. Attorney Falk reviewed the comments from the public hearing and their response discussing Washville's Drying Process that will prevent most cars from leaving the site with dripping water due to the system and its chamois system for drying the cars. Attorney Falk provided a salt log from another venue showing that salting and shoveling is done to remove snow/ice that might cause a dangerous situation. These items are listed in the special permit as conditions and enforceable by the city. Attorney Falk provided information on the parking spots on the site which are equipped with vacuums and provided documents from another venue showing low use of vacuums and are comfortable there is sufficient parking for employees and for customers to use the vacuums. There was a discussion regarding site access and exit onto Rt. 20. Petitioner has met with MADOT and the city engineer. IN CITY COUNCIL 9 MAY 19, 2025 Reports of Committee Continued: There was discussion regarding queuing at the light at Curtis Avenue and MADOT's opinion that there is sufficient space for cars with the end result that MADOT will not allow a no left turn restriction at this site. Therefore, they will only encourage people to turn right with signage to then turn onto Curtis Avenue and then a right onto Hildreth Street to lead back to downtown area. Petitioner stated the trip use for a car wash is very similar to that of a bank use. Attorney Falk reviewed the department head comments stating none of them objected to the decision, but there were requests for amendments to the decision. Attorney Falk reviewed those comments and incorporated into a revised redlined draft decision that has been provided to councilors. Petitioner responded to Councilor Doucette’s inquiry that it takes up to about 2 minutes for a car to go through the wash, depending on seasonality and at high point they can send 120 cars an hour but normally it's about 1 minute per car. The chair read the comments from Department Managers and read through the draft Decision on a Special Permit for a proposed state of the art Car Wash to be located at 23 East Main Street. The chair suggested that #13 Finding of Facts be amended to add "Five letters were received by the City Clerk in opposition" and no one had an objection. The chair questioned #3 in the Conditions Modification of Plans which states that Site Plan Review Committee may approve engineering changes to the Plans as long as they do not ...alter traffic flow... The chair is concerned that the Plans show the exit from site being angled so as to force a right-hand turn and there is signage for right turn only but now MADOT says they can't restrict left turns. The chair suggests the Plans should be altered to remove those items. Attorney Falk suggested that the wording of "alter traffic flow" in Condition #3 be deleted and that Condition #8 can then be used to adjust signage to only encourage right hand turns.The committee agreed to this amendment. In Condition #13, the chair suggested amending to add in the last sentence the missing words from Priscilla Ryder’s language- after Applicant add "its successors and assigns"; the committee agreed to this change. The chair then opened the meeting for further discussion. Councilor Navin: I appreciate the splitting of hairs we just went through on the traffic patterns whether it's right turn or not, either way people are going to be making a considerably dangerous left run whether it's a directed right so that they can pull a U-turn on E Main St. or they take a left turn like people used to try to do out of the bank. I appreciate the info the applicant has provided us; it is helpful as always. This just doesn't feel like a good traffic issue that we would be creating. I have seen a couple of accidents recently when people are trying to take lefts, they're a little bit further down people try to take lefts out of DCU all the time, out of Dunkin' Donuts all the time. I am on this road in the morning. I was driving this morning thinking about this meeting and thinking about my speed and saying do not say how fast you drive down East Main Street but here we are, and I am not the worst driver on East Main Street but people are trying to get through that. It is really challenging to get from where East Main St. turns all the way through the light at Hosmer and people move very quickly. That is five lanes of traffic that people are going to be trying to cut across or four I guess if you're going to go all the way to the right and you're going to be in the 5th lane. I'm concerned about this. I appreciate all the work that the applicant has done to try to minimize the concerns that were heard at the public hearing, you know the water runoff is obviously a huge issue when it comes to wintertime. I appreciate that it seems like you guys have done a lot of work to try to minimize these concerns. I can't personally get past the fact that this is going to be a traffic issue and if it's not it means your business isn't doing well and I'm not looking for that, but you know what I mean – you guys should be busting cars through and so I’m uncomfortable with this as it currently stands. IN CITY COUNCIL 10 MAY 19, 2025 Reports of Committee Continued: Councilor Preciado: I also share the same exact concerns as Councilor Navin in that I would rather not put the residents at risk for potential accidents that may happen along that intersection. It is a very busy intersection, it's very dangerous intersection. Councilor Navin is right, the DCU left coming out of there is just not ideal and this is just going to add another business that's going to allow that to happen at that particular spot. Like I mentioned before, it is on that part of the hill, it's in the middle of the hill; you can't see as you're going up left anyway depending on what time of the day it is. As I had mentioned at the last meeting that whole area is always under construction historically has been not great in terms of always needing repairs because of the water lines down there and I don't know what else is in there. I've decided this would not be a good fit plus we've had quite a few constituents reach out to us and saying kind of similar stories as well and that's all thank you. Councilor Fuccillo: Thank you guys for being here. I think the reality is something is going to go into the site; someday there's going to be some traffic at this parcel of land. Something is going to go in there, personally I don't know if a car wash is what's supposed to go there but I don't want to bank my vote on my personal feeling about you know kind of the idea of this business being there. My major concern is Conditions 9 through 11 and the fact that they have to be there in the first place. I think that's really telling that we have to have this idea of the police detail, the monitoring the car wash and the police enforcement. I appreciate your willingness to go to those lengths, but I think the fact that we have to go to those lengths to begin with is concerning when it comes to the traffic, so I share my fellow councilors’ concerns. The reality is though something is going to go in there at some point and we're going to have to bridge these same kind of traffic issues which is why I hesitate to say that I'm not in favor of this because I do recognize the fact that this is a parcel that is someday going to become something and I don't take it lightly that I'm holding this traffic issue against you guys at this moment. But it's, I think, it's a little bit too much for me at this moment. Councilor Doucette: So, a couple of things were thrown out but I just want to say as a city councilor I never feel that I should judge a business decision of you guys doing business in Marlborough or not. You guys want to come to Marlboro, I'm not here to judge that decision. You guys want to do a business here that's fine, we can support it, as long as you fit within the framework. Now as far as traffic goes, understanding how bad the traffic could be OK but what Councilor Robey talked about as far as taking a left out of Target on Route 20 is probably worse than almost any other part of Route 20 and it's happening all the time. You do have blind spots because of the hills in that section. I don't think this this facility is going to have the same traffic as the original bank so I don't see why we should penalize them for about the same traffic as a bank. Now granted there's going to be some swings and extremes like early spring. I'm not thinking that this is going to be that much of an issue. As far as police detail goes, we had police details set up for all the dispensaries; I think they were called twice OK. So, we put that out as a contingency in case something might happen. I mean if it does you make the call, and they show up and they clean the mess. That should be the exception not the rule when things like that happen and we put the flags in there to catch the stuff like that. So overall I think this is a fair special permit. I will be supporting it. I think that the traffic, while I agree completely it's an issue, it shouldn't block this. It's not that serious of an issue because it used to be a bank, and bank would have different traffic cycles. So, you know, if they want to bring in business, I'm not going to stop that as long as they fit within the rules and that seems to be what they're trying to do. IN CITY COUNCIL 11 MAY 19, 2025 Reports of Committee Continued: Councilor Ossing: I did receive a letter which I thought was good. Councilor Ossing read a portion of the letter supporting the proposed car wash "that will strengthen our economic and social fabric of the community a brand-new car wash at 223 E Main St. would complement the retail establishments in that vicinity and vice versa which would raise the value of the city's real estate." So, as I'm here listening to my fellow Urban Affair Committee members, it's traffic from Councilor Navin, traffic from Councilor Preciado, traffic from Councilor Fuccillo. How did we do in McGee Farm? Traffic is not a winner; you're not going to win with traffic. In McGee Farm there was no traffic, this place has a bank that has traffic going in and out of it. We're going to walk down the same path. I'll remind you; we approved a $213M+ budget that we have to find revenue sources for. Hanging your hat on traffic, we're going to lose, it’s not a winner. The conditions that are in there for police, spot on. Councilor Doucette, you're right on target, there is a catch all in case something happens. We've got other car washes in town; they work just fine. I strongly encourage you to reconsider because you're walking us down another lawsuit that you've got to come up with reasons to deny that'll pass court challenges. I haven't heard them here tonight and you can't make them up once this leaves here and goes up to the solicitor. You've got to have some concrete evidence as to why you're not supporting it; so, I ask you to reconsider because if it's just traffic it's not going to win. Councilor Oram: I would just like to add to the traffic discussions that have been happening here. This traffic is a little different from traffic at the McGee Farm that is now going to be apartments. It's different with respect to the bank—this is an operation that gets very busy during times when it's very cold to remove the salt from your vehicles. I know you're trying to keep the cars as dry as possible but that's the difference here, this is traffic that may impede the roads and the sidewalk. I received an e-mail from a concerned resident about the sidewalk. I heard you before I got here, because I was listening in, about how you're going to try to control that with your salt plan. The problem is that is not your property. You mentioned your property, that is a city sidewalk, or a state sidewalk, but the major concern here is that there is the possibility, and I've seen in every car wash I've been, that in the winter this business could possibly have water that could freeze on the sidewalk and the street which is going downhill to a traffic signal. So, this is different than just regular traffic and I would stand firm with the councilors who have mentioned traffic is a concern based of the fact this is a business that could put water that could freeze onto the street and sidewalk. Councilor Ossing: I would also draw the attention of the councilors all the input from our department heads. None opposed to it. Traffic signage, landscaping, all meet code. What do you want to go there that's not going to generate traffic? You don't have an answer so we're going to look at a vacant lot. OK great. Again, I urge you to reconsider. Councilor Robey: I certainly hear the concerns of Councilor Ossing if this is denied but I am also not in support of this probably because of the same reasons that have already been brought up. I think it's the traffic, it's the issue of the water coming off of the site even with what you have proposed. I will caution that Site Plan doesn't really have a whole lot of ability to say no so long as a plan meets site plan and so even though in their minds they may be saying "oh my goodness this just doesn't belong there", they're not going to say that. They're going to say it meets what they need to get site plan approval. So I'm OK that site plan hasn't said no but they have done their due diligence and made recommendations to us and I certainly appreciate those, especially the landscaping that if for some reason this does go through will help beautify Route 20 because it looks kind of sad there right now. IN CITY COUNCIL 12 MAY 19, 2025 Reports of Committee Continued: Attorney Falk responded to some of the comments that were raised saying that Site plan review doesn't have authority to say no; you're not wrong. Formal site plan review is ministerial and essentially has to be granted. That's the benefit of the special permit decision that further guides what site plan review may do here. Attorney Falk wanted to make sure folks are aware of the uses that would not come before this Council or site plan review and could go in tomorrow with nothing more than an internal building permit (and read through the list from the code). Every one of those uses would be able to turn left or right out of the site with the adjacent businesses near it that have no restrictions and every one of those uses could operate within 30 days of filing a building permit and getting a certificate of occupancy with no review by the City Council and no site plan approval. This isn't a vacant spot with woods on it, this is a built commercial spot with a building and it's actually in fairly good repair and could have a retail business there tomorrow with none of the conditions that we just went through and no further site plan review. Councilor Robey: I understand that but will comment that it would retain the building that's there not knock it down and add a car wash on Route 20 that I do not see or have any desire to ever see on that area of Route 20. I know there is one on Rt. 20 W and one around the corner but that's not what I want to see on this site. Councilor Navin: I appreciate that point Attorney Falk. I appreciate your comments; I think you know how I feel about the argument that has been brought here before of a by-right versus what is being suggested by a special permit. It's just not a way to negotiate; we don't know what's going to be there and trying to prove a negative does not work in my regard. The things you mentioned I think would have a positive impact on traffic that could go in tomorrow and I would like to echo Councilor Robey's comments about that they could be in the building that is currently there instead of razing it and putting it in another one. I appreciate the president's points—we do focus a lot on new growth and we're constantly looking for it and this budget is tough. Not going to change my mind. So, I counted just like everybody else, and I'm not going to sit here and keep rehashing the points. Councilor Navin moved to recommend denying the Application for Special Permit GR Development LLC, d/b/a Washville Car Wash, for a proposed state of the art Car Wash to be located at 223 East Main Street amended, it was seconded. There was no further discussion and the motion to deny carried 4-1 (Doucette). The chair announced that vice chair Navin would submit her report at the May 19, 2025 meeting in her absence and will request a suspension of the rules to forward the special permit to the City Solicitor for placement on the June 9, 2025 agenda. Councilor Doucette moved to adjourn; it was seconded; meeting adjourned at 7:24 PM. IN CITY COUNCIL 13 MAY 19, 2025 Reports of Committee Continued: Councilor Irish reported the following out of the Finance Committee: Finance Committee Budget Hearing May 12, 2025 Minutes and Report The meeting convened at 6:00 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 available for viewing on their website, https://www.wmct-tv.com. The meeting adjourned at 10:18 PM. Voting members present: Voting: Chair Irish, Councilors Brown, Oram, Fuccillo and Vital. Non-Voting: Councilors Ossing, Navin, Robey, Preciado; Doucette arrived at 6:04 PM. Order No.25-1009439: Proposed Fiscal Year 2026 Operating Budget from Mayor Dumais in the amount of $215,302,846.00. Chair Irish read the May 1, 2025, letter from the Mayor submitting the budget for review and approval in the amount of $215,302,846.00 representing a 9.91% increase over FY25. The significant increase is primarily due to increased funding for the Marlborough Public Schools, Assabet Valley Regional School, funding for city union/non-union personnel, funding the Health Insurance Trust, long term debt service and reserve for salaries. The Mayor indicated the projected tax impact of this budget would increase the taxes on the average single-family house by $769.00. The Finance Committee reviewed each department budget with the Mayor and municipal department heads and proposed adjusting the Mayor’s budget by $1,481,005.00. On a motion by Councilor Brown, seconded by Chair Irish, the Finance Committee voted 4- 1 (Councilor Oram opposed) to reduce the FY 2026 budget by $1,481,005.00 as listed in the below table and resulting in an amended Fiscal Year 2026 Municipal Operating Budget in the amount of $213,821,841. This represents an increase of $17,928,687.00 or a 9.15% increase. These adjustments are anticipated to reduce the Mayor’s projected increase to the average single family house tax bill by approximately $90.00. Fiscal Year 2026 Budget – Finance Committee Adjustments Department Account # Adjustment FINCOM Comments Description Vote 1410 50160 Assessor Principal -$14,557 5-0 Assessor 1620 57840 Elections Inauguration -$1,000 5-0 Expense 1920 52120 -$100,000 5-0 Pub Fac Electricity 1920 52200 -$50,000 5-0 Pub Fac Natural Gas 1920 52469 -$25,000 5-0 Pub Fac Repairs & Mnt Buildings IN CITY COUNCIL 14 MAY 19, 2025 Reports of Committee Continued: Department Account # Adjustment FINCOM Comments Description Vote 1920 53999 -$20,000 5-0 Pub Fac Other Services 1990 57820 -700,000 5-0 Other Govt Reserve 2100 51320 -$20,000 5-0 Police OT Court 2200 51328 -$21,600 5-0 Fire Dept Call OT 3000 57000 -$250,000 4-1 (MO) School Other Charges 3032 52120 -$100,000 5-0 Mnt School Electricity 3032 52200 -$50,000 5-0 Mnt School Natural Gas 3032 52469 Mnt School Repairs & -$25,000 5-0 Mnt Buildings 5410 50770 Council on Senior Clerk -$49,448 5-0 Aging 6920 53652 4-1 (TB) Celebrations Labor Day -$10,000 Parade 8000 51380 Sewer Service OT Police -$10,000 5-0 Fund 8000 55660 Sewer Service Pumping -$20,000 5-0 Fund Station Mnt 9000 51310 Water Service OT Regular -$14,400 5-0 (MV) Fund TOTAL $1,481,005 IN CITY COUNCIL 15 MAY 19, 2025 Reports of Committee Continued: Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee May 14, 2025 Minutes and Report This meeting convened at 6:53 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. Also present were Councilors Ossing, Doucette, Preciado, and Robey. Also Present: Kevin Sheehan, Greatland Partners; Meredith Harris, MEDC; DPW Commissioner Scott; City Engineer DiPersio; Asst. DPW Commissioner LaFreniere and Capital Projects Manager Mark Dascoli. Order No.25-1009410: Communication from the Mayor re: 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. Chair Irish read the Mayor’s letter into the record. Keven Sheehan addressed the TIF, distributing to councilors copies of his presentation. The proposed new crime lab for the Massachusetts State Police will contain approximately 200,000 s.f. to be built on a vacant site at 100 Martinangelo Drive, with a Two Hundred Million Dollar investment, bringing 300 jobs to the city. The period of the TIF is 20 years. Councilors expressed general support of the TIF. Councilor Oram was opposed due to the 20-year term. On a motion by Councilor Vital, seconded by chair, the Finance Committee recommends approval of the Tax Increment Financing (TIF) Agreement and the City Council Resolution. Vote 4-1 Oram opposed. Order No.25-1009404: Communication from the Mayor re: Grant Acceptance for various projects outlined in Mayor’s letter as part of the Fiscal Year 2025 state budget earmark funding. DPW Commissioner Scott addressed the two earmarks that were recently tabled for more information. Pavilion at Ghiloni Park: The $35,000.00 earmark funds allocated towards the pavilion for Ghiloni Park will be used to pay for the pavilion materials excluding the concrete. The Dept. of Public Works will perform the labor involved in constructing the pavilion excluding the placing and finishing of the concrete floor slab. It is estimated that an additional $65,000.00 in funds will be needed from the Parks and Recreation Revolving Account to pay for the concrete and the contractor to place and finish the concrete. On a motion by Councilor Vital, seconded by chair, the Finance Committee recommends approval of the funds for the Pavilion at Ghiloni Park. Vote 5-0 with suspension. Mobile Town Hall: By May 7, 2025, letter to the Mayor, Representative Danielle Gregoire confirmed that the $50,000.00 earmark funding is intended to support the City of Marlborough’s efforts to increase accessibility and engagement with residents through mobile outreach. The earmark is not restricted to a single department and may be utilized by any city department, as appropriate, to fulfill the purpose of operating a mobile town hall vehicle. IN CITY COUNCIL 16 MAY 19, 2025 Reports of Committee Continued: On a motion by Councilor Oram, seconded by chair, the Finance Committee recommends approval of the funds with stipulation that the vehicle will not be limited to use by a single department. Vote 5-0 with suspension. Order No.25-1009412: Communication from the Mayor re: proposed amendment to the City Code, Chapter 125 “Personnel” §6 Salary Schedule” relative to various leadership positions in the Department of Public Works, including Head Treatment Plant Operator, General Foreman, Head Mechanic, and Assistant City Engineer. Chair Irish read the Mayor’s letter into the record. DPW Commissioner Scott addressed the proposed ordinance, explaining it is an integral part of his succession plan, noting the new salaries would be effective 7/1/25, and starting at the beginning step. On a motion by Councilor Brown, seconded by chair, the Finance Committee recommends approval of the proposed amendment to the salary schedule relative to various leadership positions in the Department of Public Works with the effective date of July 1, 2025, and starting at the beginning step. Vote 5-0. Motion made and seconded to adjourn; the meeting adjourned at 7:42 PM. Councilor Brown reported the following out of the Legislative & Legal Affairs Committee: City Council Legislative & Legal Affairs Committee May 14, 2025 Minutes and Report This meeting convened at 5:30 PM in the City Council Chamber, 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 at https://www.wmct-tv.com/watch Committee Members Present: Chair Brown, Councilors Robey and Fuccillo Other Councilors Present: Councilor Vital, Councilor Doucette arrived at 6:00 PM, Councilor Preciado, Councilor Oram arrived at 5:40 PM, Councilor Irish and Councilor Ossing. Order No. 25-1009430: Communication from Flying Dreams Brewing Co., LLC re: request to expand outdoor seating to use parking spaces on Rawlins Avenue adjacent to the existing sidewalk seating. David Richardson, Owner of Flying Dreams Brewing, addressed his request to expand outdoor seating. Four parking spaces would be impacted by the expansion. Councilors had some concerns regarding the placement of seating in the road. Police Chief Giorgi was consulted by Councilor Robey. In the Police Chief’s May 13, 2025, email to Councilor Robey, he noted: The Chief noted, “While looking at Exhibit A., if Flying Dreams were looking to add chairs to the smaller tables which currently only have two chairs or add a larger table (like the ones with 4 chairs) in order to add more seating, then I wouldn’t really be concerned. However, it is more concerning if they are moving tables/chairs into the roadway and parking spaces without adding better lighting and barricades to prevent a vehicle from driving through the set-up. I am not sure how many parking spaces they are looking to use (if that is their plan), but I would suggest that significant, stable barriers need to be in place to protect the seating which may be in the roadway spaces.” IN CITY COUNCIL 17 MAY 19, 2025 Reports of Committee Continued: After lengthy discussion and on a motion by Councilor Fuccillo, the Legislative & Legal Affairs Committee recommends approval of the request by Flying Dreams Brewing Co., LLC, to expand the existing outdoor seating on Rawlins Avenue, subject to the following three (3) conditions and to refer the request to the City Solicitor to draw the new license in proper legal form. Vote 3-0. 1) The addition of improved lighting and barricades to protect the seating which may be in the roadway spaces as recommended by the Police Chief; 2) Inclusion of language in the new License to Encroach to protect the City from liability as a result of the expanded outdoor seating; 3) Inclusion of revised plan showing existing sidewalk seating and expanded seating in parking spaces. Order No. 25-1009417: Communication from Melynda Gallagher on behalf of Lost Shoe Brewing and Roasting re: request to expand outdoor seating to include public areas including the new plaza behind City Hall. Melynda Gallagher addressed the request to expand outdoor seating for Lost Shoe Brewing and Roasting, explaining that without the expanded License to Encroach, she would need 70 one-day pouring licenses to serve beer. Under the State Alcoholic Beverage Control Commission regulations, businesses are limited to 30 one-day pouring licenses. Committee members were concerned about street closings behind City Hall during outside events and the request for exclusive control of the new plaza behind City Hall. On motion by Councilor Robey, seconded by chair, the committee recommends the approval of a License to Encroach for Lost Shoe Brewing and Roasting to use the sidewalk area next to the parking garage set up with tables and chairs and the sidewalk area in front of Lost Shoe Brewing and Roasting. Vote 2-1 Fuccillo opposed. On a motion by Councilor Fuccillo, seconded by the chair, the meeting adjourned at 6:48 PM. Suspension of the Rules requested – granted. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Application for Special Permit from Attorney Brian Falk, on behalf of GR Development LLC, d/b/a Washville Car Wash, for a proposed state of the art Car Wash to be located at 223 East Main Street (former Bank of America location), referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE JUNE 9, 2025, COUNCIL MEETING; adopted. IN CITY COUNCIL 18 MAY 19, 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: Motion by Councilor Irish, seconded by the Chair to AMEND the Finance Committee recommendation on the FY 2026 Operating Budget as follows: To restore funding to the Senior Clerk line item (50770) in the amount of $49,448.00 and reduce funding the Director of Elder Affairs line item (50190) by $49,448.00, Amendment APPROVED; adopted. (President Ossing declared the vote 9-0). Motion by Councilor Irish, seconded by the Chair to approve the FY 2026 Operating Budget as amended: ORDERED: That the Proposed Fiscal Year 2026 Operating Budget as submitted by Mayor Dumais in the amount of $215,302,846.00 which represents a 9.91% increase over the Fiscal Year 2025 appropriation be modified by REDUCING the following accounts: DEPARTMENT ACCOUNT # ADJUSTMENT DESCRIPTION 1410 50160 -$14,557 Assessor Principal Assessor 1620 57840 -$1,000 Elections Inauguration Expenses 1920 52120 -$100,000 Public Facilities Electricity 1920 52200 -$50,000 Public Facilities Natural Gas 1920 52469 -$25,000 Public Facilities Repair & Maintenance 1920 53999 -$20,000 Public Facilities Other Services 1990 57820 -$700,000 Other Government Reserve for Salaries 2100 51320 -$20,000 Police Department Court OT 2200 51328 -$21,600 Fire Department Call OT 3000 57000 -$250,000 School Department School 3032 52120 -$100,000 Maintenance School Electricity 3032 52200 -$50,000 Maintenance School Natural Gas 3032 52469 -$25,000 Maintenance School Repair & Maintenance 5410 50190 -$49,448 Council on Aging Director Elderly Affairs IN CITY COUNCIL 19 MAY 19, 2025 DEPARTMENT ACCOUNT # ADJUSTMENT DESCRIPTION 6910 53652 -$10,000 Celebrations Labor Day Parade 8000 51380 -$10,000 Sewer Service Fund Police OT 8000 55660 -$20,000 Sewer Service Fund Pumping Station Maintenance 9000 51310 -$14,400 Water Service Fund OT TOTAL -$1,481,005 Therefore, the City Council of the City of Marlborough APPROVES a Fiscal Year 2026 Operating Budget for the City of Marlborough in the amount of $213,821,841.00, which represents a 9.15% increase over the Fiscal Year 2025 appropriation or an increase of $17,928,687.00. Councilor Oram Opposed. Suspension of the Rules requested – granted. 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 LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE JUNE 9, 2025, COUNCIL MEETING; adopted. 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: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $35,000.00 (thirty-five thousand dollars) awarded to the City of Marlborough for the building and installation of a covered pavilion at Ghiloni Park, as part of the Fiscal Year 2025 state budget earmark funding; adopted. 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: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $50,000.00 (fifty thousand dollars) awarded to the City of Marlborough for procurement of a vehicle for City Hall for use by any department, as part of the Fiscal Year 2025 state budget earmark funding. IN CITY COUNCIL 20 MAY 19, 2025 Suspension of the Rules requested – granted. 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 in the Department of Public Works, including Head Treatment Plant Operator, General Foreman, Head Mechanic, and Assistant City Engineer, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE JUNE 9, 2025, COUNCIL MEETING; adopted. Suspension of the Rules requested – granted. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Request from Flying Dreams Brewing Co., LLC, to expand outdoor seating to use parking spaces on Rawlins Avenue adjacent to the existing sidewalk seating, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE JUNE 9, 2025, COUNCIL MEETING; adopted. Suspension of the Rules requested – granted. Motion by Councilor Brown, seconded by the Chair to adopt the following: Motion by Councilor Fuccillo, seconded by the Chair to AMEND Order No. 25-1009417 to include the following: 1) Expand outdoor seating area to include the plaza behind City Hall as originally submitted in Order No. 25-1009417 and Lost Shoe letter dated March 28, 2025. 2) City Hall courtyard hours are from Friday at 5:00 PM through Sunday at 8:00 PM on a weekly basis. 3) Lost Shoe acknowledges that should another venue want to use the City Hall Courtyard, Lost Show will give up that weekend with at least four weeks advance notice. Amendment DENIED; adopted. (President Ossing declared the vote 5-4). ORDERED: That the Request from Lost Shoe Brewing and Roasting for a License to Encroach to use the sidewalk area next to the parking garage (Court Street) to set up with tables and chairs and the sidewalk area in front of Lost Shoe Brewing and Roasting, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE JUNE 9, 2025, COUNCIL MEETING; adopted. Motion by Councilor Brown, to move the recommendation of the Legislative & Legal Affairs Committee to approve the following, seconded by the Chair: ORDERED: 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, AS FOLLOWS: I. Chapter 250 (Animals) is hereby amended by inserting a new “Article II” entitled “Second-Generation Anticoagulant Rodenticides” II. Chapter 250 (Animals) is hereby amended by inserting a new Section 250-11 into “Article II” to read as follows: Definitions – As used in this article, the following terms shall have the meanings indicated: IN CITY COUNCIL 21 MAY 19, 2025 RODENTICIDES – A subclass of pesticides, defined under the Massachusetts Pesticide Control Act G.L.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. III. Chapter 250 (Animals) is hereby amended by inserting a new Section 250-12 into “Article II” to read as follows: 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 article. This article applies only to all City-owned property, including buildings, grounds, parks, open spaces, and streets, and shall be adhered to by all employees of the City of Marlborough, as well as third party vendors and contractors providing services to the City at City-owned property. B. In the event of a conflict with any provisions of the Code of the City of Marlborough, as amended, the provisions of this section shall prevail. C. This article is intended as a measure to govern the City’s use of City-owned property only and does not regulate the overall use of pesticides. This article is not intended to conflict with, and shall be interpreted consistent with, state law, including the provisions of the Massachusetts Pesticide Control Act, M.G.L. c. 132B. IV. Effective Date. This Ordinance shall take effect upon its passage. APPROVED; adopted. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening. Motion by Councilor Navin, to move the recommendation of the Urban Affairs Committee to approve the following, seconded by the Chair: ORDERED That the Proposed Zoning Map Amendment to rezone 36 Jefferson Street, identified as Map 56, Parcel 153 from “Residence B (RB)” to “Neighborhood Business District (NB)”, DENIED; adopted. THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH HEREBY ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING THE ZONING MAP, SECTION 650-8, AS FOLLOWS: That the land on 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 (NB)”. IN CITY COUNCIL 22 MAY 19, 2025 Motion by Councilor Navin, to move the recommendation of the Urban Affairs Committee to approve the following, seconded by the Chair: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON AN AMENDMENT TO A SPECIAL PERMIT ORDER NO. 25-1009378C (X 21-1008214C) Special Permit Application of: Green Meadows Farm, LLC Order No. 25-1009378C (X 21-1008214C) Locus: 239 Boston Post Road West Marlborough, MA 01752 Assessors Map 78, Parcel(s) 2A 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 Green Meadows Farm, LLC (the “Applicant”) to amend an existing special permit to build and operate an Adult Use Marijuana Retail Establishment in order to authorize the addition of a co-located Medical Marijuana Treatment Center at 239 Boston Post Road West, Marlborough, Massachusetts, 01752 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 limited liability company having a business address of 64 Mill Street, Southbridge, MA 01550. 2. The Applicant is the tenant of a commercial retail unit located at 239 Boston Post Road West, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 78 as Parcel 2A (the “Site”). The Site’s owner is R.K. Marlboro West, LLC c/o RK Centers with a business address of 50 Cabot Street, Suite 200, Needham, MA 02494. 3. On June 7, 2021, the City Council of the City of Marlborough voted to grant a Special Permit authorizing Calverde Naturals LLC, of which the Applicant is the successor in interest, to build and operate an Adult Use Marijuana Retail Establishment at the Site (the “Use”) in accordance with Article VI, § 650-17, § 650-18(46), and § 650-32 of the Zoning Ordinance (the “Zoning Ordinance”) of the City of Marlborough (the “Original Special Permit”). 4. On February 11, 2025, the Applicant filed with the City Clerk of the City of Marlborough an application to amend the Original Special Permit to authorize the addition of a co- located Medical Marijuana Treatment Center as part of the Use at the Site. 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and a site development plan for the Site attached as “Attachment A”. IN CITY COUNCIL 23 MAY 19, 2025 6. The Application was certified as complete by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, in accordance with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 7. 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. 8. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, March 24, 2025. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on March 24, 2025. 9. The Applicant presented testimony at the public hearing detailing the Use at the Site, describing its impact upon municipal services, the neighborhood, and traffic. 10. At the public hearing, no members of the public spoke in favor of the Use at the Site and no members of the public spoke in opposition to the Use at the 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. B. The City Council finds that the proposed Use at the Site, with the addition of a medical marijuana treatment center, 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 and in the Original Special Permit. The City Council makes these findings subject to the completion and adherence by the Applicant to the conditions more fully set forth in this Decision and in the Original Special Permit. C. The City Council finds that the 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 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. The City Council incorporates by reference Finding D in the Original Special Permit as to the Use. 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 modify the Original Special Permit, as follows: 1. By deleting Finding of Fact No. 3 in its entirety and inserting in its place the following: In accordance with Article VI, § 650-17, § 650-18(45), § 650-18(46), and § 650-32 of the Zoning Ordinance of the City of Marlborough, the Applicant proposes to operate a co-located Medical Marijuana Treatment Center and Adult Use Marijuana Retail Establishment at the Site (the “Use”). IN CITY COUNCIL 24 MAY 19, 2025 2. By amending Finding D(16) by inserting the following sentence at the end of the existing sentence: “Further, the signage shown in “Attachment B” is appropriate for the Use, and Applicant shall comply with the Sign Ordinance without variance.” 3. By amending Condition No. 5 by: (a) inserting after the words “§ 650-18(46)(c)” the following: “and § 650-18(45)(c)”; and (b) inserting after the words “Adult Use Marijuana Retail Establishment” the following: “and a Medical Marijuana Treatment Center”. 4. By amending Condition No. 6(a) by inserting the following paragraph at the end of the existing Condition No. 6(a): At the Site, the Applicant shall maintain a secure entrance/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 and to ensure that no individuals pose a direct threat to the health or safety of others. The Applicant shall maintain a secure pick-up/drop-off area for patients and products at the Site. 5. By deleting Condition No. 8 in its entirety and inserting in its place the following: 8. Hours. The maximum hours of operation of the Use at the Site shall be Monday through Saturday, 9:00 AM to 11:00 PM, and Sunday from 10:00 AM to 9:00 PM. 6. By inserting the following new Condition as Condition No. 17: 17. Partial Use: The Applicant, its successors and/or assigns, is not required to operate all portions of the Use simultaneously. The Applicant, its successors and/or assigns, may commence the Medical Marijuana Treatment Center or Adult Use Marijuana Retail Establishment portion of the Use upon receipt of all local and state permits and licenses for that portion of the Use. 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, its successors and/or assigns, may operate the other portion of the Use. All other conditions of the Original Special Permit shall continue in full force and effect and are incorporated by reference as part of this Decision. 7. 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’s office, the Building Department, and the City Solicitor’s office. Yea: 9 – Nay: 0 – Absent: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, & Ossing. Absent: Robey. 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 9:58 PM; adopted.