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, JUNE 23, 2025 The regular meeting of the City Council was held on Monday, June 23, 2025, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Vital, Doucette, Brown, Irish, Fuccillo, Navin, Oram & Robey. Absent: Preciado. Meeting adjourned at 8:45 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, JUNE 9, 2025, FILE; adopted. President Ossing declared the vote of 9 – 0. That the PUBLIC HEARING on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Bigelow Street beginning at a point approximately 150’ Northwest of the centerline of the intersection of Robin Hill Street. Install one (1) new Pole 69-5, Order No. 25-1009479, CONTINUED UNTIL JULY 21, 2025, AT 8:00 PM; adopted. Councilors Present: Vital, Doucette, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Councilors Absent: Preciado. That the PUBLIC HEARING on the Petition of MA Electric, to install one Single Owned Pole #34-25 on Boston Post Road East beginning at a point approximately 160’ Northwest of the centerline of the intersection of Village Drive and continuing approximately 500 feet in a northwest direction. New pole to service buildings at 339 Boston Post Road East, Order No. 25-1009480, all were heard who wish to be heard, hearing closed at 8:06 PM; adopted. a) Communication from City Engineer Thomas DiPersio, re: Recommended conditions for Petition of MA Electric, Boston Post Road East, Pole #34-25. Councilors Present: Vital, Doucette, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Councilors Absent: Preciado. IN CITY COUNCIL 2 JUNE 23, 2025 Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric, to install one Single Owned Pole #34-25 on Boston Post Road East beginning at a point approximately 160’ Northwest of the centerline of the intersection of Village Drive and continuing approximately 500 feet in a northwest direction. New pole to service buildings at 339 Boston Post Road East, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. A permit shall be applied for from the Department of Public Works/Engineering Division and the proposed location shall be marked out in the field for final approval prior to installation. 2. Any necessary easements are to be obtained from affected property owners. 3. A street opening permit must be applied for by the proposed contractor performing the work. 4. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 5. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 6. A proper staging area is to be located/acquired before work commences – material and equipment is not to be parked/stockpiled within the city right of way and or private property unless permission is granted in writing by the property owner. 7. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 8. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 9. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 10. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 11. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 12. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non- compliance with current ADA standards. President Ossing declared the vote of 9 – 0. That the PUBLIC HEARING on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole #37-5 on Boston Post Road East beginning at a point approximately 160’ Northwest of the centerline of the intersection of Village Drive and continuing approximately 500 feet in a northwest direction. New pole to service buildings at 339 Boston Post Road East, Order No. 25-1009481, all were heard who wish to be heard, hearing closed at 8:09 PM; adopted. a) Communication from City Engineer Thomas DiPersio, re: Recommended conditions for Petition of MA Electric and Verizon New England, Boston Post Road East, Pole #37-5. Councilors Present: Vital, Doucette, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Councilors Absent: Preciado. IN CITY COUNCIL 3 JUNE 23, 2025 Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole #37-5 on Boston Post Road East beginning at a point approximately 160’ Northwest of the centerline of the intersection of Village Drive and continuing approximately 500 feet in a northwest direction. New pole to service buildings at 339 Boston Post Road East, be and is herewith APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. A permit shall be applied for from the Department of Public Works/Engineering Division and the proposed location shall be marked out in the field for final approval prior to installation. 2. Any necessary easements are to be obtained from affected property owners. 3. A street opening permit must be applied for by the proposed contractor performing the work. 4. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 5. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 6. A proper staging area is to be located/acquired before work commences – material and equipment is not to be parked/stockpiled within the city right of way and or private property unless permission is granted in writing by the property owner. 7. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 8. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 9. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 10. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 11. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 12. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non- compliance with current ADA standards. President Ossing declared the vote of 9 – 0. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from Councilors Ossing & Navin, re: Municipal Aggregation – June 2025 Update, FILE; adopted. President Ossing declared the vote of 9 – 0. IN CITY COUNCIL 4 JUNE 23, 2025 Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Certification from Councilor-At-Large Sean Navin as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Application for a Wireless Special Permit from Gerry Squires on behalf of Dish Wireless, to install, operate and maintain a Wireless Communication Facility, consisting of nine (9) antennas, twelve (12) RRU’s, twelve (12) fiber cables and ground equipment within a 100 square foot lease area on and next to the water tank at 115 Onamog Street, Order No. 25-1009432A, FILE; adopted. President Ossing declared the vote of 9 – 0. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Certification from Councilor-At-Large Sean Navin as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Application for a Special Permit from Attorney Gemma Cashman, on behalf of TV Marlborough, LLC and Green Armory Laboratories, Inc., for the purpose of operating an independent Marijuana Testing Laboratory to be located at 260 Cedar Hill Street, Order No. 25-1009433A, FILE; adopted. President Ossing declared the vote of 9 – 0. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Certification from Councilor-At-Large Sean Navin as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Application for a Special Permit from Attorney Gemma Cashman, on behalf of Royal 401 Elm Street, LLC, for the purpose of operating an approximate 203,500 square foot warehousing and distribution facility to be located at 415 Elm Street, Order No. 25-1009434A, FILE; adopted. President Ossing declared the vote of 9 – 0. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Certification from Councilor-At-Large Sean Navin as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Application for a Special Permit from 27 Curtis Ave LLC, for the Proposed Renovation and Reconstruction of a pre-existing non- conforming Car Wash located at 27 Curtis Avenue, Order No. 25-1009397C, FILE; adopted. President Ossing declared the vote of 9 – 0. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of R. John Skarin to the Conservation Commission for a 3- year term to expire on March 10, 2028, APPROVED; adopted. President Ossing declared the vote of 9 – 0. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Brendan J. Downey to the Historical Commission for a 3- year term to expire February 29, 2028, APPROVED; adopted. President Ossing declared the vote of 9 – 0. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Peter B. Welsh to the Historical Commission for a 3-year term to expire on June 19, 2028, referred to PERSONNEL COMMITTEE; adopted. President Ossing declared the vote of 9 – 0. IN CITY COUNCIL 5 JUNE 23, 2025 Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Deborah Jakubowski Russ to the Library Board of Trustees for a 3-year term to expire on February 1, 2028, referred to PERSONNEL COMMITTEE; adopted. President Ossing declared the vote of 9 – 0. 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 $1,900.00 from the Sudbury, Assabet, and Concord Rivers Cooperative Invasive Species Management Area (SuAsCo CISMA) awarded to the Conservation Commission to support local efforts to manage and reduce invasive plant species within the community; adopted. President Ossing declared the vote of 9 – 0. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the sum of $800,000.00 (eight hundred thousand dollars) be and is hereby appropriated for building renovations. That to meet said appropriations, the Comptroller/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $800,000.00 under and pursuant to the provisions of Chapter 44, Section 7(1) 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; that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is 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 Massachusetts General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount, referred to the FINANCE COMMITTEE & ORDERED ADVERTISED; adopted. President Ossing declared the vote of 9 – 0. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough hereby authorizes the Mayor to execute an agreement of the July 1, 2013 – June 30, 2038 lease of Bigelow School to Assabet Valley Collaborative (“AVC”), previously authorized by City Council Order 12- 1005076, in substantially the form attached hereto including any necessary adjustments to the repayment schedule based upon the actual bond sale, referred to the FINANCE COMMITTEE; adopted. President Ossing declared the vote of 9 – 0. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Richer Elementary School Feasibility Study Update, referred to URBAN AFFAIRS COMMITTEE; adopted. President Ossing declared the vote of 9 – 0. IN CITY COUNCIL 6 JUNE 23, 2025 Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: 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, in proper legal form, Order No. 25-1009418C, MOVED TO ITEM #26 & FILE; adopted. Councilor Robey Recused. President Ossing declared the vote of 8 – 0 – 1. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council authorizes the Legal Department to draft and file a court complaint on behalf of the City Council, to appeal the constructive approval filed by Attorney Brian Falk for GR Development LLC, d/b/a Washville Car Wash, APPROVED; adopted. President Ossing declared the vote of 8 – 1. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for Approval of a Master Sign Plan for various signs pursuant to Chapter 650-37 I(1)(a) of the Code for the McDonald’s restaurant to be located at 735 Boston Post Road East within the Wayside District, referred to URBAN AFFAIRS COMMITTEE; adopted. Councilor Doucette Recused. President Ossing declared the vote of 8 – 0 – 1. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JULY 21, 2025, as the DATE FOR PUBLIC HEARING, on the Application for Modification of Special Permit from Rafael Aronov on behalf of Green Gold Group, Inc., to amend the hours of operation, at the marijuana retail establishment located at 910 Boston Post Road East within the Wayside District, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. President Ossing declared the vote of 9 – 0. 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) Conservation Commission, May 15, 2025. b) Council on Aging, May 13, 2025. c) Historical Commission, April 17, 2025. d) Planning Board, April 14, 2025. & April 28, 2025. President Ossing declared the vote of 9 – 0. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Donna Barberio, 14 Cross Street, Southborough, pothole or other road defect. b) Augusto Silva, 10 Belleview Avenue, other property damage and/or personal injury. President Ossing declared the vote of 9 – 0. IN CITY COUNCIL 7 JUNE 23, 2025 Councilor Fuccillo reported the following out of the Urban Affairs Committee: City Council Public Services Committee June 16, 2025 Minutes and Report This meeting convened at 6:30 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. Voting members present were Chair Fuccillo, Councilor Irish and Councilor Doucette. Non-voting members present were Council President Ossing, Councilor Robey, Councilor Brown, and Councilor Vital. Councilor Oram arrived at 6:43 PM. Order No. 25-1009478: Communication from the Planning Board re: Request for Mayor and City Council to support a Home Rule Petition relating to Unaccepted “Private” Ways in the City of Marlborough. Chair Fuccillo opened the meeting by reading into the record a letter from the Planning Board dated June 3, 2025. City Engineer Tom DiPersio gave a brief overview of the Home Rule Petition. He emphasized that the Petition is intended to address roughly fifty (50) unaccepted subdivision roads and would give the City Council a procedure to accept these roads. Councilor Doucette noted that many of the roads will likely be in poor condition upon acquiring them. Engineer DiPersio explained that the Department of Public Works already makes repairs on unaccepted private ways that pose a public safety risk. Councilor Irish asked if matching up easements would be an issue for engineering. Engineer DiPersio explained that because these roads already went through the subdivision process, there will be plans approved that show the easements. Chair Fuccillo asked if the city has maintained these unaccepted roads with snow and ice removal. Engineer DiPersio stated that the city has and is expected to do so for public safety. The committee noted that the Planning Board sent a communication requesting the Home Rule Petition be amended to give the state legislature the ability to make minor changes to the petition without it coming back before the City Council. Engineer DiPersio expressed that the Legal Department prefers the city retain a final look at the language. President Ossing encouraged the committee to send the petition to the Legal Department to be put in proper legal form, along with the Planning Boards comments for review by the City Solicitor. Councilor Oram asked what the cost is to the city for maintaining these unaccepted private ways. Engineer DiPersio responded that these roads were completed by the developer. The condition of the roads now would be the same regardless of their status as an accepted or unaccepted way. On a motion by Councilor Doucette, seconded by the Chair, the committee recommends the Home Rule Petition be referred to the City Solicitor to be put in proper legal form. Vote 3-0. IN CITY COUNCIL 8 JUNE 23, 2025 Reports of Committee Continued: On a motion by Councilor Irish, seconded by the Chair, the meeting adjourned at 7:00 PM. Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee June 16, 2025 Minutes and Report This meeting convened at 7:01PM 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 Doucette, Robey and Ossing. Also Present: Mayor Dumais, Comptroller Brian Doheny, Auditor Diane Smith, DPW Commissioner Ted Scott, City Engineer, Tom DiPersio, DPW Capital Projects Manager Mark Dascoli. Order No. 25-1009473: Communication from the Mayor with a transfer request in the amount of $226,882.36 which moves funds from Reserve for Salaries and Free Cash to various accounts to fund the recently ratified agreement with the Marlborough Municipal Employees Association (MMEA). Chair Irish read the communication from Mayor Dumais. On a motion by Councilor Oram, seconded by the chair, the Finance Committee recommends approval of the transfer of $130,388.80 from Reserve for Salaries and $96,493.56 from Free Cash to fund the recently ratified agreement with the Marlborough Municipal Employees Association (MMEA). Vote 5-0. Order No. 25-1009428: Communication from Mayor with FY2026 Capital Bond Requests totaling $15,550,000.00 as outlined in this year’s Capital Improvement Plan. The proposed borrowing will fund a range of facility, utility, and street improvement projects undertaken by the Department of Public Works. Chair Irish read the April 24, 2025, communications from Mayor Dumais, supplemented by the May 30, 2025, letter from the Mayor, detailing the requests and addressed the bonds with DPW Commissioner Scott and City Engineer DiPersio. On motion by Councilor Vital, seconded chair, the Finance Committee recommends the approval of the bond in the amount of $9,650,000.00 for the projects below. Vote 5-0. o $2,000,000 Garage Repairs o $900,000 School Generator o $500,000 School Building HVAC o $5250,000 Street Construction and/or Reconstruction o $1,000,000 Parking Lot Construction and/or Reconstruction IN CITY COUNCIL 9 JUNE 23, 2025 Reports of Committee Continued: On motion by Councilor Fuccillo, seconded chair, the Finance Committee recommends the approval of the bond in the amount of $3,500,000.00 as follows by Vote 5-0 o $750,000.00 for Lakeshore Drive Pumping Station Replacement with Low Pressure System. o $1,750,000.00 for Birch Road Pumping Station Reconstruction. o $1,000,000.00 for Matheson Drive Pumping Station Rehabilitation. On motion by Councilor Vital, seconded by chair, the Finance Committee recommends the approval of the bond in the amount of $1,400,000.00 for the following sewer and sewage system construction and/or reconstruction projects. Vote 5-0. o $1,000,000.00 Sewer Main Construction for Turner Ridge Road (portion) and Stone Hill roads. o $400,000.00 for Sewer I &I Mitigation various streets. On motion by Councilor Brown, seconded by chair, the Finance Committee recommends approval of the bond in the amount of $1,000,000.00 for Water Main Replacement Berlin Road (portion) Vote 5-0. Chair Irish will seek a suspension of the rules to vote on the MMEA contract and to advertise the Bonds. On a motion to adjourn by Councilor Fuccillo, seconded by the chair, the Finance Committee adjourned at 7:41PM. IN CITY COUNCIL 10 JUNE 23, 2025 Suspension of the Rules requested – granted. (President Ossing declared the vote of 9-0). Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Request for Mayor and City Council to support a Home Rule Petition relating to Unaccepted “Private” Ways in the City of Marlborough, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE JULY 21, 2025, COUNCIL MEETING; adopted. President Ossing declared the vote of 9 – 0. Suspension of the Rules requested – granted. (President Ossing declared the vote of 9-0). Motion by 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 $226,882.36 which moves funds from Reserved for Salaries and Free Cash to various accounts to fund the recently ratified agreement with the Marlborough Municipal Employees Association (MMEA), APPROVED; adopted. President Ossing declared the vote of 9 – 0. 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 $130,388.80 $130,388.80 11990006 57820 Reserve for Salaries $4,271.76 11330002 50062 Finance Assistant $10,954.17 Reason: Reason: Contractual Obligation $8,406,745.40 $96,493.56 10000 35900 Undesignated Fund $2,135.88 11350002 50062 Finance Assistant $5,477.54 Reason: Reason: Contractual Obligation $1,731.14 11350002 50520 Principal Clerk $4,439.16 Reason: Contractual Obligation $1,547.75 11410001 50171 Senior Assessor $12,243.86 Reason: Contractual Obligation $1,947.84 11410002 50550 Head Clerk $4,995.37 Reason: Contractual Obligation $1,464.09 11410002 50770 Senior Clerk $3,803.30 Reason: Contractual Obligation $2,878.09 11440002 50770 Senior Clerk $7,462.61 Reason: Contractual Obligation $2,317.17 11550001 50210 Senior System Analyst $5,941.56 Reason: Contractual Obligation $2,975.60 11550001 50213 Network Engineer $7,630.12 Reason: Contractual Obligation $2,241.47 11550001 50385 Telecom Manager $5,747.65 Reason: Contractual Obligation $1,664.58 11550002 50520 Principal Clerk $5,011.05 Reason: Contractual Obligation IN CITY COUNCIL 11 JUNE 23, 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 $1,483.42 11610002 50770 Senior Clerk $3,804.38 Reason: Contractual Obligation $1,650.11 11620002 50520 Principal Clerk $4,288.87 Reason: Contractual Obligation $4,767.09 11920001 50292 Building Maint Craftsman $14,618.23 Reason: Contractual Obligation $2,143.13 11920001 50375 Plumber $5,557.59 Reason: Contractual Obligation $2,143.13 11920001 50385 Electrician $5,557.59 Reason: Contractual Obligation $2,538.07 11920001 50690 Foreman $5,705.69 Reason: Contractual Obligation $7,616.45 11920003 50560 Houseworker $25,662.49 Reason: Contractual Obligation $3,348.79 12100002 50520 Principal Clerk $10,100.12 Reason: Contractual Obligation $29,780.62 12100003 51213 Public Safety Dispatchers $56,382.23 Reason: Contractual Obligation $2,063.64 12100003 51214 Public Safety Assistant $5,293.27 Reason: Contractual Obligation IN CITY COUNCIL 12 JUNE 23, 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 $14,463.21 12100003 51310 Overtime Regular $75,334.10 Reason: Contractual Obligation $2,171.70 12200002 50062 Finance Assistant $5,476.54 Reason: Contractual Obligation $6,013.78 12410001 50260 Local Inspector $59,645.63 Reason: Contractual Obligation $185.73 11330003 51920 Sick Leave Buy Back $0.38 Reason: Contractual Obligation $112.93 11550003 51920 Sick Leave Buy Back $2,514.06 Reason: Contractual Obligation $64.50 11610003 51920 Sick Leave Buy Back $153.18 Reason: Contractual Obligation $297.47 11920003 51920 Sick Leave Buy Back $3,288.16 Reason: Contractual Obligation $738.58 12100003 51450 Night Shift Differential $33,708.14 Reason: Contractual Obligation $97.37 12100003 51920 Sick Leave Buy Back $20,201.33 Reason: Contractual Obligation $92.86 12200003 51920 Sick Leave Buy Back $1,802.57 Reason: Contractual Obligation IN CITY COUNCIL 13 JUNE 23, 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 $1,699.40 13032001 50690 Foreman $18,535.57 Reason: Contractual Obligation $3,462.28 14001002 50520 Principal Clerk $9,068.28 Reason: Contractual Obligation $1,947.85 14001002 50550 Head Clerk $5,166.24 Reason: Contractual Obligation $1,433.26 14003003 51240 Attendant $27,766.83 Reason: Contractual Obligation $1,705.09 14920001 50166 Recreation Programs $10,317.75 Reason: Contractual Obligation $3,402.74 15120001 50611 Asst Sanitarians $9,112.11 Reason: Contractual Obligation $1,731.14 15120002 50520 Principal Clerk $4,439.15 Reason: Contractual Obligation $1,591.43 15410001 50312 Outreach Worker $4,080.03 Reason: Contractual Obligation $1,792.97 16100001 50470 Childrens Librarian $4,597.66 Reason: Contractual Obligation $1,731.14 16100001 50471 Young Adult Librarian $4,438.10 Reason: Contractual Obligation IN CITY COUNCIL 14 JUNE 23, 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 $1,825.07 16100001 50480 Cataloguer $3,888.06 Reason: Contractual Obligation $1,822.36 16100001 50656 Head of Circulation $4,870.44 Reason: Contractual Obligation $1,708.57 16100002 50520 Principal Clerk $5,103.68 Reason: Contractual Obligation $1,483.42 16100003 50490 Library Staff $3,803.29 Reason: Contractual Obligation $2,114.34 16100003 50860 Full Time Librarians $5,971.33 Reason: Contractual Obligation $5,732.31 16100003 51261 Part Time Librarians $27,805.08 Reason: Contractual Obligation $1,231.98 29000001 50584 Clerk Typist $5,192.56 Reason: Contractual Obligation $1,483.42 29000001 50770 Senior Clerk $3,803.35 Reason: Contractual Obligation $1,742.43 61090002 50520 Principal Clerk $4,734.08 Reason: Contractual Obligation $774.11 88000001 50471 Workers Comp $30,703.47 Reason: Contractual Obligation IN CITY COUNCIL 15 JUNE 23, 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 $30.24 11650002 51050 Board Secretary $460.69 Reason: Contractual Obligation $1,026.68 11920003 51300 Additional Gross Overtime $1,799.27 Reason: Contractual Obligation $1,962.04 12100003 51490 Holiday $52,243.65 Reason: Contractual Obligation $13.01 12410002 51050 Board Secretary $666.42 Reason: Contractual Obligation $594.49 13032003 51300 Additional Gross Overtime $4,580.50 Reason: Contractual Obligation $41.94 14001102 51050 Board Secretary $1,263.44 Reason: Contractual Obligation $651.05 14001203 51390 Overtime-Snow & Ice $0.00 Reason: Contractual Obligation $104.75 14001303 51310 Overtime Regular $36.93 Reason: Contractual Obligation $403.42 14003003 51310 Overtime Regular $0.00 Reason: Contractual Obligation $3,176.82 12100003 51360 Overtime Training $1,689.93 Reason: Contractual Obligation IN CITY COUNCIL 16 JUNE 23, 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 $2,233.45 12410001 50370 Plumbing Inspector $5,954.07 Reason: Contractual Obligation $2,321.96 12410001 50380 Electrical Inspector $5,954.05 Reason: Contractual Obligation $1,715.80 12410002 50520 Principal Clerk $4,439.39 Reason: Contractual Obligation $3,841.94 12410002 50770 Senior Clerk $22,312.07 Reason: Contractual Obligation $5,569.83 13032001 50292 Building Maint Craftsman $14,608.86 Reason: Contractual Obligation $2,487.29 13032001 50385 Head Electrician $6,468.07 Reason: Contractual Obligation $4,109.74 13032001 50386 HVAC $10,746.35 Reason: Contractual Obligation $154.07 12410003 51920 Sick Leave Buy Back $567.89 Reason: Contractual Obligation $211.78 13032003 51920 Sick Leave Buy Back $73.17 Reason: Contractual Obligation $75.27 15120003 51920 Sick Leave Buy Back $0.59 Reason: Contractual Obligation IN CITY COUNCIL 17 JUNE 23, 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 $64.50 29000001 51920 Sick Leave Buy Back $0.00 Reason: Contractual Obligation $200.00 11330003 51430 Longevity $0.19 Reason: Contractual Obligation $400.00 11550003 51430 Longevity $0.00 Reason: Contractual Obligation $200.00 11610003 51430 Longevity $0.00 Reason: Contractual Obligation $800.00 11920003 51430 Longevity $1,114.24 Reason: Contractual Obligation $600.00 12100003 51342 Longevity $21,394.47 Reason: Contractual Obligation $200.00 12200003 51430 Longevity $8,562.95 Reason: Contractual Obligation $400.00 12410003 51430 Longevity $0.00 Reason: Contractual Obligation $1,200.00 13032003 51430 Longevity $0.00 Reason: Contractual Obligation $200.00 15120003 51430 Longevity $0.00 Reason: Contractual Obligation IN CITY COUNCIL 18 JUNE 23, 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 $400.00 12410003 51430 Longevity $0.00 Reason: Contractual Obligation $1,200.00 13032003 51430 Longevity $0.00 Reason: Contractual Obligation $200.00 15120003 51430 Longevity $0.00 Reason: Contractual Obligation $400.00 29000001 51430 Longevity $0.00 Reason: Contractual Obligation $200.00 16100003 51430 Longevity $0.00 Reason: Contractual Obligation $200.00 61090003 51430 Longevity $124.13 Reason: Contractual Obligation $43,729.03 11990006 51500 Fringes $39,115.92 Reason: Contractual Obligation $0.00 $226,882.36 IN CITY COUNCIL 19 JUNE 23, 2025 Suspension of the Rules requested – granted. (President Ossing declared the vote of 9-0). Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: At the Regular Meeting of the Marlborough City Council on June 23, 2025, the following bond, ORDERED ADVERTISED; adopted. President Ossing declared the vote of 9 – 0. That the sum of $3,500,000.00 (three million five hundred thousand dollars) be and is hereby appropriated for construction and/or reconstruction of pumping stations and pumping station equipment. That to meet said appropriations, the Comptroller/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $3,500,000.00 under and pursuant to the provisions of Chapter 44, Section 8(4) 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; that the Comptroller/Treasurer with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Clean Water Trust (the “Trust”) established under Chapter 29C of the Massachusetts General Laws, and in connection therewith to enter into a financing agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection (“DEP”) with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is 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 Massachusetts General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Suspension of the Rules requested – granted. (President Ossing declared the vote of 9-0). Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: At the Regular Meeting of the Marlborough City Council on June 23, 2025, the following bond, ORDERED ADVERTISED; adopted. President Ossing declared the vote of 9 – 0. That the sum of $1,000,000.00 (one million dollars) be and is hereby appropriated for water main construction and/or reconstructing. That to meet said appropriations, the Comptroller/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $1,000,000.00 under and pursuant to the provisions of Chapter 44, Section 8(5) 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; that the Comptroller/Treasurer with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Clean Water Trust (the “Trust”) established under Chapter 29C of the Massachusetts General Laws, and in connection therewith to enter into a financing agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection (“DEP”) with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project. IN CITY COUNCIL 20 JUNE 23, 2025 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 Massachusetts General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Suspension of the Rules requested – granted. (President Ossing declared the vote of 9-0). Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: At the Regular Meeting of the Marlborough City Council on June 23, 2025, the following bond, ORDERED ADVERTISED; adopted. President Ossing declared the vote of 9 – 0. That the sum of $1,400,000.00 (one million four hundred thousand dollars) be and is hereby appropriated for sewer and sewage system construction and/or reconstruction. That to meet said appropriations, the Comptroller/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $1,400,000.00 under and pursuant to the provisions of Chapter 44, Section 8(14) 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; that the Comptroller/Treasurer with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Clean Water Trust (the “Trust”) established under Chapter 29C of the Massachusetts General Laws, and in connection therewith to enter into a financing agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection (“DEP”) with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is 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 Massachusetts General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Suspension of the Rules requested – granted. (President Ossing declared the vote of 9-0). Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: At the Regular Meeting of the Marlborough City Council on June 23, 2025, the following bond, ORDERED ADVERTISED; adopted. President Ossing declared the vote of 9 – 0. That the sum of $9,650,000.00 (nine million six hundred fifty thousand dollars) be and is hereby appropriated to fund capital improvement projects in accordance with the following: That to meet said appropriations, the Comptroller/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $9,650,000.00 under and pursuant to the provisions of Chapter 44, Section 7(1) 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; that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project.  IN CITY COUNCIL 21 JUNE 23, 2025 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 Massachusetts General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. The capital improvement projects to be funded by this borrowing are as follows: No. Project Cost 1 Garage Repairs $2,000,000 2 School Generator $900,000 3 School Building HVAC $500,000 4 Street Construction and/or Reconstruction $5,250,000 5 Parking Lot Construction and/or Reconstruction $1,000,000 Suspension of the Rules requested Motion by Councilor Navin to remove from the Personnel Committee, Order No. 25-1009463, relative to the Proposed Job Description for the Assistant Commissioner of Public Works, Operations – APPROVED; adopted. President Ossing declared the vote of 9 – 0. Suspension of the Rules requested – granted. (President Ossing declared the vote of 9-0). Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Job Description pursuant to Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” relative to the position of Assistant Commissioner of Public Works, APPROVED; adopted. President Ossing declared the vote of 9 – 0. Motion by Councilor Irish, to move the recommendation of the Finance 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 BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: Annual Salary Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Start 6 months of 1 year of 2 years of 3 years of 4 years of 5 years of service service service service service service Deputy $165,000.00 $168,300.00 $172,000.00 $175,500.00 $179,100.00 $183,000.00 $186,700.00 Chief of Police II. The effective date for the above salary schedule shall be July 1, 2025. III. The above position is 40 hours per week. IV. This ordinance shall supersede and replace any existing rate for said position(s) (if applicable) in the current salary schedule. IN CITY COUNCIL 22 JUNE 23, 2025 APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening. President Ossing declared all votes 9 – 0. Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Job Description pursuant to Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” relative to the position of Deputy Police Chief, APPROVED; adopted. President Ossing declared the vote of 9 – 0. Motion by Councilor Fuccillo, to move the recommendation of the Public Services Committee to approve the following, seconded by the Chair: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Roman Kimyagarov, d/b/a Arthur & Sons Shoe Repair, 107 Main Street, APPROVED; adopted. President Ossing declared the vote of 9 – 0. Motion by Councilor Fuccillo, seconded by the Chair to approve the Junk Dealer/Secondhand Dealer License for Gerald Dumais, d/b/a Dumais & Sons Secondhand Store: Motion by Councilor Oram, seconded by Councilor Doucette to table the Junk Dealer/Secondhand Dealer License for Gerald Dumais, d/b/a Dumais & Sons Secondhand Store – DOES NOT CARRY; adopted. President Ossing declared the vote of 3 – 6. ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Gerald Dumais, d/b/a Dumais & Sons Secondhand Store, 65 Mechanic Street, APPROVED; adopted. President Ossing declared the vote of 6 – 3. IN CITY COUNCIL 23 JUNE 23, 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 A SPECIAL PERMIT ORDER NO. 25-1009418D Special Permit Application of: Marlborough Hospital & UMASS Memorial Realty, Inc. Order No. 25-1009418D Locus: 157 & 209 Union Street Marlborough, MA 01752 Assessors Map 43, Parcel (s) 56 & Map 56, Parcel(s) 192 DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009418 The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Marlborough Hospital and UMASS Memorial Realty, Inc. (together, including their successors and assigns, the “Applicant”), to expand a preexisting nonconforming hospital at 157 and 209 Union Street, Massachusetts, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. Marlborough Hospital is a Massachusetts hospital corporation with an address of 306 Belmont Street, Worcester, MA. UMASS Memorial Realty, Inc., is a Massachusetts nonprofit corporation with an address of 306 Belmont Street, Worcester, MA. 2. The Applicant is the owner of the property located at 157 and 209 Union Street, Marlborough, Massachusetts, being shown as Parcel 56 on Assessors Map 43 and Parcel 192 on Assessors Map 56 (the “Site”). 3. In accordance with Article IV, Section 650-12.B, and Article V, Section 650-17, of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Applicant proposes to expand a preexisting nonconforming hospital to add an expanded emergency department and multidisciplinary clinic and add a proton therapy center to the existing cancer treatment center at the Site (the “Use”). 4. The Applicant, by and through its counsel, filed with City Clerk of the City of Marlborough an Application for a Special Permit (“Application”) for the Use. 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, a site plan entitled “Marlborough Compilation Plan” by Haley Ward dated April 8, 2025 (the “Site Plan”) attached hereto as “Attachment A.”. 6. The Application was certified as complete by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, in accordance with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 7. The Site has an area of 848,677 square feet +/- as shown on the Site Plan. IN CITY COUNCIL 24 JUNE 23, 2025 8. The Site is located in the A-3 Residential Zoning District. 9. Section 650-17 of the Zoning Ordinance provides that a hospital use is allowed by special permit in the A-3 Zoning District. 10. The Site’s current hospital use is preexisting nonconforming, commencing prior to the adoption of the Marlborough Zoning Ordinance. 11. The Site is preexisting nonconforming with respect to the side setback and lot coverage, having total impervious areas of 48.6% (the A-3 District has a maximum lot coverage of 30%). The Site Plan shows that the lot coverage associated with the Use would be 49.2%. Expanded areas of the building on the site would comply with all setback requirements. 12. 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 advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 13. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, May 5, 2025. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on May 5, 2025. 14. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 15. At the public hearing, two members of the public spoke in favor of the Use and no members of the public spoke in opposition to the Use. 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 expansion of the preexisting nonconforming hospital use and structures with an increase in lot coverage of less than 1%, to 49.2%, would not be substantially more detrimental to the neighborhood than the existing nonconforming use and structures. C. The City Council finds that the preexisting nonconforming hospital use and structures have not been abandoned for a period of two years or more. D. The City Council finds that the proposed Use is not enlarged to more than 25% of the floor and ground area of the preexisting nonconforming hospital use and structures at the Site. E. The City Council finds that the proposed Use of the Site is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance of the City of Marlborough when subject to the appropriate terms and conditions as provided herein. The City Council makes these findings subject to the completion and adherence by the Applicant to the conditions more fully set forth herein. IN CITY COUNCIL 25 JUNE 23, 2025 F. 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 expand the preexisting nonconforming hospital use and structures at the Site as shown on the Site Plan filed, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1.Construction in Accordance with Applicable Laws. Construction of all structures on the Site is to be in accordance with all applicable Building Codes and Zoning Regulations in effect in the City of Marlborough and the Commonwealth of Massachusetts and shall be built according to the Site Plan as may be amended during Site Plan Review. 2.Site Plan Review. The issuance of the Special Permit is further subject to detailed Site Plan Review by the Site Plan Review Committee, in accordance with the City of Marlborough Site Plan Review Ordinance prior to the issuance of the building permit. Any additional changes, alterations, modifications or amendments, as required during the process of Site Plan Review, shall be further conditions attached to the building permit, and no final occupancy permit shall be issued until the Applicant has complied with all conditions, provided, however, that subsequent to the issuance of this Special Permit and Site Plan Approval, the Site Plan Review Committee may authorize the phasing of site and building work depending upon weather conditions and other factors. Subsequent Site Plan Review shall be consistent with the conditions of this Special Permit and the Site Plan submitted, reviewed and approved by the City Council as the Special Permit Granting Authority. 3.Modification of Plans. Notwithstanding conditions #1 and #2 above, the City Council or the Site Plan Review Committee may approve engineering changes to the Site Plan so long as said changes do not change the Use as approved herein, or materially increase the impervious area of the Use, reduce the green area, alter traffic flow, or increase the size of the building, all as shown on the Site Plan. 4.Incorporation of Submissions. All plans, photo renderings, site evaluations, briefs and other documentation provided by the Applicant as part of the Application, and as amended or revised during the application/hearing process before the City Council and/or the City Council’s Urban Affairs Committee, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. 5.Storm Water and Erosion Control Management. The Applicant 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 shall grant this individual(s) complete authority of the Site as it relates to stormwater and erosion controls. 6.Lighting. Exterior lighting at the Site shall be downward facing and shielded to minimize impacts on neighboring properties, with a lighting plan for the Site to be reviewed and further conditioned during the Site Plan Review process. Exterior lighting at the Site shall be shut off outside of operating hours, except for lighting necessary for security and emergency access. IN CITY COUNCIL 26 JUNE 23, 2025 7.Landscaping. As part of formal Site Plan Review, the Applicant shall provide detailed landscaping plans showing additional landscaping to improve the cooling of the parking areas and grass areas at the Site. 8.Gravel Parking Area. As part of formal Site Plan Review, the Applicant shall evaluate options for the gravel parking area near the main entrance of the Site. 9.Compliance with Applicable Laws. The Applicant agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of the Use. 10. Recording of Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 11, the Applicant, at its expense, shall record this Special Permit in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty- day period for appealing this Special Permit has elapsed with no appeal having been filed, and before the Applicant has applied to the Building Commissioner for a building permit. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit to the City Council’s office, the Building Department, and the City Solicitor’s office. Yea: 8 – Nay: 0 – Absent: 1 – Abstain: 1 Yea: Vital, Doucette, Brown, Irish, Fuccillo, Navin, Oram, & Ossing. Absent: Preciado. Abstain: Robey. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 8:45 PM; adopted. President Ossing declared the vote of 9 – 0.