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, JULY 21, 2025 The regular meeting of the City Council was held on Monday, July 21, 2025, at 8:00 PM in City Council Chambers, City Hall. City Councilors Present: Ossing, Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram & Robey. Meeting adjourned at 9:30 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, JUNE 23, 2025, FILE; adopted. President Ossing declared the vote of 7 – 0. That the CONTINUED 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, all were heard who wish to be heard, hearing closed at 8:02 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram & Ossing. Councilors Absent: Robey. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on 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, 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. IN CITY COUNCIL 2 JULY 21, 2025 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 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, Order No. 25-1009497 (X 20/23-1008062H), all were heard who wish to be heard, hearing closed at 8:11 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. That the PUBLIC HEARING on the Application for Special Permit from Attorney Brian Falk on behalf of FD 130 Lizotte, LLC, for the Glenford at Lake Williams Condominium Community to be located in the Lizotte Drive Overlay District, Order No. 25-1009483, all were heard who wish to be heard, hearing closed at 8:39 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. President Ossing asked Vice-President Robey to take the podium at this time. That the PUBLIC HEARING on the Proposed Amendment to Chapter 650 “Zoning to amend Section 17 “Table of Uses”, Order No. 25-1009477, all were heard who wish to be heard, hearing closed at 8:43 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Vice-President Robey returned the podium to President Ossing at this time. IN CITY COUNCIL 3 JULY 21, 2025 Suspension of the Rules requested – Motion by Councilor Navin to allow the Mayor, Comptroller/Treasurer Brian Doheny and Principal Assessor candidate Patrick Greenhalgh to speak – granted. (President Ossing declared the vote of 10-0). Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Patrick Y. Greenhalgh as Principal Assessor for a 3-year term effective from date of City Council confirmation (July 21, 2028). In addition, pursuant to Chapter 125 “Personnel”, start Mr. Greenhalgh at Step 5 of the Assessor salary schedule and grant one additional week of vacation, APPROVED; adopted. President Ossing declared the vote of 10 – 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 Gift Acceptance in the amount of $7,000.00 from the Friends of the Marlborough Public Library awarded to the Public Library, which will be used to fund the 2025 Summer Reading Program; adopted. President Ossing declared the vote of 10 – 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 $7,708.00 from the Massachusetts Councils on Aging awarded to the Senior Center, which will be used to fund a part-time position for the DayBreak Program; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $20,750.00 (Twenty thousand seven hundred fifty dollars and no cents) from Reserved for Salaries to various accounts as outlined to fund the Educational Incentive portion of the recently ratified MMEA contract, referred to FINANCE COMMITTEE; adopted. President Ossing declared the vote of 10 – 0. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Various FISCAL YEAR: 2026 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $842,517.00 $20,750.00 11990006 57820 Res erve for Salaries $250.00 61090003 51440 Water-Education Incentive $16,500.00 Reason: To fund educational incentive per recently ratified MMEA contract $1,250.00 11330003 51440 Treas urer-Education Incentive $0.00 $9,250.00 16100003 51440 Library-Education Incentive $2,500.00 $2,250.00 12100003 51440 Police-Education Incentive $799,520.68 $750.00 11440003 51440 Collector-Education Incentive $0.00 $750.00 14001003 51440 DPW Adm -Education Incentive $0.00 $3,000.00 12410003 51440 Bldg-Education Incentive $0.00 $2,500.00 15120003 51440 BOH-Education Incentive $0.00 $750.00 11410003 51440 As s es s or-Education Incentive $0.00 $20,750.00 Total $20,750.00 Total IN CITY COUNCIL 4 JULY 21, 2025 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $240,733.22 (Two hundred forty thousand, seven hundred thirty-three dollars and twenty-two cents) from Reserve for Salaries to various accounts to fund the recently ratified collective bargaining agreement with the International Association of Firefighters, AFL-CIO, CLC, Local 1714, referred to FINANCE COMMITTEE; adopted. President Ossing declared the vote of 10 – 0. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Fire FISCAL YEAR: 2026 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $842,517.00 $240,733.22 11990006 57820 Reserve for Salaries $12,280.18 12200001 50334 Battalion Chief $378,551.88 Reason: Reason: Contractual Obligation $119,392.90 12200001 50450 Firefighter $3,799,983.87 Reason: Contractual Obligation $10,683.34 12200001 50800 Fire Captains $345,378.93 Reason: Contractual Obligation $2,676.59 12200001 50805 Fire Inspector $83,431.94 Reason: Contractual Obligation $21,184.53 12200001 50810 Fire Lieutenants $635,569.00 Reason: Contractual Obligation $3,323.63 12200003 51226 Fire Depart/First Respon $81,304.55 Reason: Contractual Obligation $17,737.25 12200003 51300 Additional Gross O.T. $586,718.47 Reason: Contractual Obligation $1,607.88 12200003 51324 O.T. Vehicle Maint $56,704.39 Reason: Contractual Obligation $1,810.49 12200003 51328 Call Fire O.T. $106,433.75 Reason: Contractual Obligation $3,967.26 12200003 51430 Longevity $127,930.64 IN CITY COUNCIL 5 JULY 21, 2025 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Fire FISCAL YEAR: 2026 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance Reason: Contractual Obligation $12,819.11 12200003 51440 Educational Incentive $420,177.04 Reason: Contractual Obligation $4,777.21 12200003 51450 Night Shift Differential $119,235.86 Reason: Contractual Obligation $7,398.62 12200003 51480 Emergency Med Training $257,185.29 Reason: Contractual Obligation $294.10 12200003 51481 O.T. Special Services $10,000.00 Reason: Contractual Obligation $15,886.32 12200003 51490 Holiday $510,824.36 Reason: Contractual Obligation $4,893.81 12200003 51920 Sick Leave Buy Back $205,000.00 Reason: Contractual Obligation $240,733.22 $240,733.22 Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the That the Reappointment of John W. Usinas to the Commission on Disabilities for a 3-year term to expire on April 21, 2028, APPROVED; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the That the Reappointment of Catherine A. Usinas to the Commission on Disabilities for a 3-year term to expire on April 21, 2028, APPROVED; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Temporary Reappointment pursuant to MGL Chapter 41 §61A of Brian Doheny as Interim City Collector effective July 23, 2025, for a 60-day term to expire September 21, 2025, FILE; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 6 JULY 21, 2025 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Edward J. Collins, Jr. Center for Public Management, final report on the Classification and Compensation Study, FILE; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Home Rule Petition regarding procedure for Layout and Acceptance of Subdivision Roads, in proper legal form, MOVED TO #21 & FILE; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Application for Junk Dealer/Secondhand Dealer License by Gena Hunt d/b/a/ GE Gold Jewelry Atelier, 221 Boston Post Road East, Suite #270, referred to PUBLIC SERVICES COMMITTEE; adopted. President Ossing declared the vote of 10 – 0. 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 July 2025, FILE; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, AUGUST 18, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Special Permit from Attorney Brian Falk, on behalf of Farm Road Realty Trust and Evangelous Roofing to operate a contractor’s yard in a preexisting non-conforming building in the Airport Industrial Park, at 17 Airport Boulevard, Unit 20, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, AUGUST 18, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Special Permit from Attorney Brian Falk, on behalf of 1st Choice Auto Services & Sales, Inc., to modify the preexisting non-conforming auto repair use by adding automobile sales as an accessory use at the property located at 299 Maple Street referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 7 JULY 21, 2025 Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted. a) School Committee, May 2, 2022 (amended), May 2, 2025, May 27, 2025 & June 10, 2025. b) Board of Assessors, May 2, 2025. c) Commission on Disabilities, September 9, 2024 & October 7, 2024. d) Historical Commission, May 15, 2025. e) Municipal Aggregation Committee, June 25, 2025 & June 30, 2025. f) Planning Board, May 19, 2025. g) Richer School Building Committee, May 27, 2025, June 17, 2025 & June 23, 2025. President Ossing declared the vote of 10 – 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) Ricardo Contrucci, 53 Azalea Lane, pothole or other road defect. b) Alex Keane, 21 Newsome Road, Berlin, pothole or other road defect. c) Patricia Laier, 562 Elm Street, residential mailbox claim (2a). President Ossing declared the vote of 10 – 0. Councilor Navin reported the following out of the Personnel Committee: City Council Personnel Committee June 30, 2025 Minutes and Report This meeting convened at 6:45 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 using the link under the Meeting Videos tab on the city’s website, home page (www.marlborough-ma.gov). The meeting adjourned at 7:17 PM Voting members present: Chair Navin and Doucette. Voting member absent: Councilor Brown. Other councilors: Councilors Vital, Oram, Robey, Irish, Fuccillo, Ossing, Preciado arrived at 6:55 PM Order No. 24-1009327: Reappointments to the Zoning Board of Appeals, with terms to expire as follows: Ralph Loftin, term to expire February 24, 2027; Thomas Golden, term to expire February 24, 2027; Robert Levine, term to expire February 24, 2028; Thomas Pope, term to expire September 12, 2026. The chair read the letter from Mayor Dumais. Board members suggested the city appoint alternate members to ensure there are always five members to sit on a petition. On a motion by Councilor Doucette, seconded by chair, the committee recommends approval of the following with terms as follows: Ralph Loftin, term to expire February 24, 2027; Thomas Golden, term to expire February 24, 2027; Robert Levine, term to expire February 24, 2028; Thomas Pope, term to expire September 12, 2026. Vote 2-0. IN CITY COUNCIL 8 JULY 21, 2025 Reports of Committee Continued: Order No. 25-1009465: Appointment of Rob McCabe Jr. to the Conservation Commission for a 3-year term to expire on April 28, 2028. The chair read the letter from Mayor Dumais. On a motion by Councilor Doucette, seconded by chair, the committee recommends approval of the appointment of Rob McCabe Jr. to the Conservation Commission for a 3-year term to expire on April 28, 2028. Vote 2-0, with suspension to approve on July 21, 2025. Order No. 25-1009491: Appointment of Peter B. Welsh to the Historical Commission for a 3-year term to expire June 19, 2028. The chair read the letter from Mayor Dumais. On a motion by Doucette, seconded by chair, the committee recommends approval of the appointment of Peter B. Welsh to the Historical Commission for a 3-year term to expire on June 19, 2028. Vote 2-0. Order No. 25-1009492: Appointment of Deborah Jakubowski Russ to the Library Board of Trustees for a 3-year term to expire on Feb. 1, 2028. The chair read the letter from Mayor Dumais. On a motion by Councilor Doucette, seconded by chair, the committee recommends the approval of the appointment of Deborah Jakubowski Russ to the Library Board of Trustees for a 3-year term to expire on Feb. 1, 2028. Vote 2-0. Councilor Fuccillo reported the following out of the Public Services Committee: City Council Public Services Committee July 14, 2025 Minutes and Report This meeting convened at 7:00 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 Navin, and Councilor Vital. Order No. 25-1009432: Application for Wireless Special Permit from Gerry Squires on behalf of Dish Wireless to install, operate, and maintain a Wireless Communications 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. Public Hearing held on June 9, 2025. Chair Fuccillo opened the meeting. Gerry Squires of Dish Wireless provided a brief presentation. He noted that the water tank consulting firm requested Dish Wireless remove the band where Sprint Wireless previously operated equipment. Dish will weld their antennas to the tank. Councilor Doucette asked the applicant for a timeline on the installation of the antennas. Mr. Squires explained that the antennas will be installed one per sector initially. He could not speak to the installation timeline after the initial three (3). IN CITY COUNCIL 9 JULY 21, 2025 Reports of Committee Continued: The Chair then read through the draft Special Permit decision, highlighting two changes recommended by DPW Assistant Commissioner of Utilities Chris LaFreniere. These changes have been reflected in the draft decision. Councilor Doucette noted that Item J should be revised to strike the term “existing monopole” as the site is a water tank. On a motion by Councilor Doucette, seconded by the Chair, the committee recommends approval of the Special Permit as amended. Vote 3-0. Order No. 25-1009452B: Petition of Comcast to install a new underground conduit starting at Pole #55 excavating to place one 3” PVC conduit 158’ +- and a proposed x’ x 3’ vault to provide service to 630 Forest Street. Yeugene Barokha spoke on behalf of Comcast. Councilor Doucette asked if Comcast and City Engineer Tom DiPersio have come up with a revised plan. Mr. Barokha stated that they have. The revised plan was electronically sent to the City Council on July 7, 2025. Comcast has agreed to move the underground conduit to an existing electrical crossing along the road. Councilor Irish stated he supports the alternate plan from Engineer DiPersio. On a motion by Councilor Doucette, seconded by the Chair, the committee recommends approval of the amended plan. Vote 3-0. On a motion by Councilor Irish, seconded by the Chair, the meeting adjourned at 7:20 PM. Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee June 30, 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: Chair Irish, Councilors Fuccillo, Oram and Vital; Councilor Brown absent. Also present were Councilors Navin, Robey and Ossing. Mayor Dumais addressed the Order. Order No. 25-1009494: Communication from the Mayor Dumais with request for a Bond in the amount of $800,000.00 for the repair of the Bigelow School roof and an Order to Authorize an amendment to the Lease Agreement with the Assabet Valley Collaborative. Chair Irish read the communication from Mayor Dumais. On motion by Councilor Fuccillo, seconded chair, the Finance Committee recommends the approval of the Bond in the amount of $800,000.00 for the repair of the Bigelow School roof and the Order to authorize an amendment to the Lease Agreement with the Assabet Valley Collaborative. Vote 3 in favor; 1 opposed (Vital), 1 absent (Brown). Mayor Dumais requested a suspension of the rules to approve the Orders on July 21, 2025. On a motion to adjourn by Councilor Fuccillo, seconded by the chair, the Finance Committee adjourned at 6:40 PM. IN CITY COUNCIL 10 JULY 21, 2025 Reports of Committee Continued: Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs & Housing Committee Monday, June 30, 2025 Minutes and Report This meeting convened at 7:18 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 Katie Robey, Councilor Navin, Councilor Doucette, Councilor Fuccillo and Councilor Preciado. Also present: Councilors Irish, Oram, Ossing and Vital. Order No. 25-1009397B: Special Permit application from 27 Curtis Ave LLC for the proposed renovation and reconstruction of a pre-existing, non-conforming car wash located at 27 Curtis Avenue. The chair read the comments from Department Managers. There was a question from petitioner regarding comments from Building Commissioner Htway on the left turn onto Rt. 20 and maybe he was thinking of the application for car wash on Rt. 20. The chair read through the draft Decision. After discussion, Councilor Doucette moved to recommend approval of the decision on a Special Permit for 27 Curtis Avenue for a car wash with the following amendments to insert language from department heads and comment from Councilor Ossing as follows: • Specify the Plans in Condition #2 as 27 Curtis Ave Survey Plan submitted by Spruhan Engineering, Inc., dated 3/4/25 and 27 Curtis Avenue Proposed Floor Plan, submitted by RAV & Associates, Inc., dated 1/24/25. Insert new conditions • 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. The site superintendent’s credentials shall be acceptable to the Engineering Division of the City's Department of Public Works and the City's Conservation Commission. The site superintendent shall be responsible for checking the site before, during, and after storm events including weekends and evenings when storms are predicted. The site individual shall ensure that no untreated stormwater leaves the site consistent with State and City stormwater regulations. The site superintendent shall ensure compliance with the approved sequence of construction plan and the approved erosion control plan. The Applicant shall grant the site superintendent complete authority of the site as it relates to stormwater and erosion controls. • Water and Sewer Connections. The Applicant shall install and maintain a water reclamation and recycling system to be approved during Site Plan Review and shall obtain and maintain a sewer discharge permit from the Department of Public Works. • Landscaping. A detailed landscaping plan for the site shall be reviewed and further conditioned during the Site Plan Review process. The landscaping plan shall be more robust than is required by the Zoning Ordinance and shall improve aesthetics along Curtis Avenue to provide a buffer to adjacent properties, provide shade canopy, and use native plants to improve habitat. The Applicant, its successors and/or assigns, shall maintain the landscaping at the site for the duration of the Use. • Signage. Signage at the site shall comply with the city's sign ordinance. IN CITY COUNCIL 11 JULY 21, 2025 Reports of Committee Continued: The motion by Councilor Doucette to approve the Special Permit as amended, seconded chair carried 5-0. The chair will request a suspension of the rules to refer the amended draft decision to the solicitor to place on the agenda in proper legal form for a vote at the August 18, 2025, meeting. Order No. 25-1009434: Special Permit Application from Attorney Gemma Cashman on behalf of Royal 401 Elm Street LLC, for the purpose of operating an approximate 203,500 sq ft warehousing and distribution facility to be located at 415 Elm Street. Present for the petitioner were Attorney Pezzoni, Day Pitney LLP; Mr. Scott Faber, Senior VP Lincoln Property Co.; Mr. J D. Kucich from Bohler Engineering; and Mr. Scott Thornton, PE. Vanasse & Associates, Transportation Engineers & Planners. Attorney Pezzoni introduced the members of the team who went through the history of Lincoln Property, the site and the traffic study. The chair read through the comments from the department heads and then the draft decision for Special Permit for a transportation terminal and freight depot located at 415 Elm Street. Councilor Doucette asked if the building would be designed so that solar panels could be added, and the response was yes. There was discussion on the 24-hr. operation and the need to have it so that a truck doesn't have to wait to make a delivery as well as the noise the truck traffic will create. Councilor Preciado asked if there was any mitigation for the change to site and removal of trees and was told no. Councilor Doucette moved to approve; it was seconded. The chair reminded everyone that Site Plan has approved this property for a 203,500 +/- sq ft warehouse which under our city code limits them in its use so they are asking for a special permit for a distribution center and language specifying it is not limited to the uses for warehousing in the code so they can rent to anyone with their only concession it can't be an Amazon or similar direct to consumer fulfillment center use. The chair suggested we add in the language regarding signs as suggested by Commissioner Htway- Signage. Signage at the site shall comply with the city's sign ordinance. Councilor Fucillo moved to add in language regarding air quality and noise- Noise and Air Quality. The Applicant shall comply with the City's Noise Ordinance and shall comply with all state and federal requirements governing air quality and emissions. Both of those amendments were agreed to by the committee. The motion to recommend approval of the Special Permit for a transportation and freight terminal as amended carried 3-2 (Preciado/Robey). The chair will request a suspension of the rules to refer the amended draft decision to the solicitor to place on the agenda in proper legal form for a vote at the August 18, 2025, meeting. Councilor Doucette moved to adjourn, it was seconded and carried 5-0. The meeting adjourned at 8:52 PM. IN CITY COUNCIL 12 JULY 21, 2025 Reports of Committee Continued: Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs & Housing Committee Monday, July 14, 2025 Minutes and Report This meeting convened at 7:00 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: Chairman Katie Robey, Councilor Navin, Councilor Doucette, Councilor Fuccillo and Councilor Preciado. Also present: Councilors Irish, Oram, Ossing and Vital. Order No. 25-1009433: 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. Present for the applicant was Paul White, VP Green Armory. The chair read the comments from Department Managers, none offered any amendments, and then read through the draft Decision. There was consensus of committee to amend the following Conditions: • Add a new 1. Construction in Accordance with Applicable Laws. Construction 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. • Re-number the remaining conditions • Current #5. Add in "The applicant shall provide a written Security Plan to be approved and signed by the Marlborough Police Chief or his designee." • Current #8 Contact Information Add "Fire Chief "after Chief of Police There was consensus to ask Legal Dept. to check the following: • Current #3. Incorporation of Submission-check list of Plans in Finding of Facts #5 and detail what plans are to be "Attachment A" • Current #12 Unrelated Materials-this is not a marijuana establishment licensed to sell anything, can this be restated in simpler language? Councilor Doucette moved to recommend approval of the decision on a Special Permit on behalf of TV Marlborough LLC and Green Armory Laboratories to be located at 260 Cedar Hill Street; it was seconded by chair and the vote was 5-0. The chair will report this out at the July 21, 2025, Council meeting and ask for a suspension to be referred to solicitor to be put in proper form for a vote at the August 18, 2025 meeting. Order No. 25-1009496: Request for the approval of a Master Sign Plan for various signs pursuant to Chapter 50-37 I (1)(a) of the City Code for the McDonald's restaurant to be located at 735 Boston Post Road East in the Wayside Zoning District. Councilor Doucette left the meeting as he was recusing himself from this matter. Present for the applicant was Ann M. Sobolewski, Esq. IN CITY COUNCIL 13 JULY 21, 2025 Reports of Committee Continued: The chair read the letter from Ms. Sobolewski which stated that the applicant offers two monument sign options, and their preference is for the taller sign (30 ft.) Councilor Navin stated his preference for this site was for the smaller monument sign, which is 6 ft tall X 5 ft across, and other councilors stated that was their preference. The chair went over the site plan drawing reviewing the symbols for each of the red dots on the site. Councilor Oram asked about the 3 pick-up windows and it was explained that after ordering the driver would be told to go to a specific window depending on what was ordered to help with the flow of traffic. He asked if there were any issues when leaving a window and was told there have been none at any sites where this is used. Ms. Sobolewski stated that none of the signs on building or the monument sign would be internally illuminated. Councilor Navin moved to approve the Master Sign Plan with the smaller, 6 ft X 5 ft, monument sign; it was seconded by the chair and the vote carried 4-0. The chair will report this out at the July 21, 2025, Council meeting and as there is no hurry on this, it can lay on the table for a vote at the August 18, 2025, meeting. Councilor Navin moved to adjourn, it was seconded and carried 4-0. The meeting adjourned at 8:21 PM. Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0). Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Robert L. McCabe, Jr. to the Conservation Commission for a 3-year term to expire on April 28, 2028, APPROVED; adopted. President Ossing declared the vote of 10 – 0. Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0). Motion by Councilor Fuccillo, seconded by the Chair to adopt the following:: ORDERED: That 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, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 18, 2025, COUNCIL MEETING; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 14 JULY 21, 2025 Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0). Motion by Motion by Councilor Fuccillo, to move the recommendation of the Public Services Committee to approve the following as amended, seconded by the Chair to adopt the following: ORDERED: That 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, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The proposed conduit shall cross the road at the location shown on the approved plan provided by Comcast on July 7, 2025. 2. The location must be marked out and inspected by the Engineering Division prior to the work, and final road opening permit approval will be granted by the Engineering Division. The road opening permit will specify final trench repaving limits. 3. Any necessary easements are to be obtained from affected property owners. 4. A street opening permit must be applied for by the proposed contractor performing the work. 5. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 6. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 7. 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. 8. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 9. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 10. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 11. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 12. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 13. 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 10 – 0. IN CITY COUNCIL 15 JULY 21, 2025 Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0). Motion by Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: BUILDING RENOVATION BOND 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. APPROVED; adopted. Yea: 9 – Nay: 1 Yea: Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing, & Robey. Nay: Vital. Motion by Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, 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 amendment to the July 1, 2013 – June 30, 2038 lease of the Bigelow School to Assabet Valley Collaborative (“AVC”), previously authorized by City Council Order No. 12-1005076, including any necessary adjustments to the repayment schedule based upon the actual bond sale, APPROVED; adopted. President Ossing declared the vote of 10 – 0. Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0). Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That 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, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 18, 2025, COUNCIL MEETING; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 16 JULY 21, 2025 Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0). Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That 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, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 18, 2025, COUNCIL MEETING; adopted. President Ossing declared the vote of 10 – 0. Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0). Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That 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, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 18, 2025, COUNCIL MEETING; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 17 JULY 21, 2025 Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That a petition to the General Court, accompanied by a bill for a special law relating to the city of Marlborough to be filed with an attested copy of this order, be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for clerical or editorial changes of form only: AN ACT PROVIDING A SIMPLIFIED PROCEDURE FOR THE LAYOUT AND ACCEPTANCE OF SUBDIVISION ROADS IN THE CITY OF MARLBOROUGH Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. (a) Notwithstanding the provisions of chapters 79 and 82 of the General Laws or any other general or special law to the contrary, the city of Marlborough may employ the procedure set out in this act for municipal layout and acceptance of roads constructed within a subdivision in accordance with a definitive subdivision plan that has been approved by the planning board of the city of Marlborough pursuant to the subdivision control law, as designated in section 81K of chapter 41 of the General Laws. (b) The planning board, upon request of either the mayor, city council, or upon its own initiative, shall hold a public hearing on the issue of the laying out and acceptance of a specific road(s), at which time interested persons shall be given an opportunity to be heard. At least 7 days prior to any such hearing, written notice of the hearing shall be (i) sent by first-class mail, postage prepaid, to the owner of record of each property abutting the road as appears from records kept by the city of Marlborough assessors which shall be conclusive evidence of ownership for purposes of this act, and (ii) either given by publication in a newspaper of local circulation or posting on the bulletin board of the city clerk’s office. Within 21 days after the public hearing, the planning board shall prepare a written certification that said subdivision road has been laid out and constructed in accordance with a plan referenced and described in the certification, if the planning board so determines. The certification shall identify all municipal easements, including but not limited to, utility, drainage, access and other easements, shown on said plan. Such plan, including but not limited to, an existing approved and recorded definitive subdivision plan, shall show the boundaries and measurements of the road and show all municipal easements. The planning board shall submit the planning board’s certification to the city council. (c) Within 45 days of the receipt of the planning board’s certification, the city council or a standing committee of the city council shall hold a meeting for the sole purpose of considering whether it is in the public interest to layout and accept the certified road(s) as a public way. (d) After the meeting, if the city council determines, upon a majority vote, that it is in the public interest to layout and accept the road as a public way, the city council shall vote to adopt for recording at the registry of deeds an order of acceptance containing the city council’s vote and attaching the planning board’s certification. Said order shall be presented to the mayor in accordance with section 55 of chapter 43 of the General Laws. IN CITY COUNCIL 18 JULY 21, 2025 (e) The order of acceptance shall be recorded within ninety (90) days after the date upon which the order is in force, and, upon recordation, shall vest in the city of Marlborough, with no additional notice or other action required, the ownership in fee to the road(s), together with the ownership of all municipal easements identified in the certification, including but not limited to utility, drainage, flowage, access and other easements shown on the plan, for all municipal purposes including but not limited to access, repair, improvement, reconstruction, removal and replacement, as well as all pipes, structures, and other improvements located within the road and municipal easements unless excluded by the order of acceptance. No owner of, or holder of any interest in, land comprising the road, land abutting the road so accepted, or land subject to an easement shown on the plan shall have any claim for compensation against the city on account of such acceptance. SECTION 2. This act shall take effect upon its passage. APPROVED; adopted. President Ossing declared all votes 10 – 0. Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: CAPITAL IMPROVEMENT BOND 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. 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 APPROVED. Yea: 10 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing, & Robey. IN CITY COUNCIL 19 JULY 21, 2025 Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: PUMPING STATIONS BOND 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. APPROVED. Yea: 10 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing, & Robey. IN CITY COUNCIL 20 JULY 21, 2025 Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: SEWER BOND 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. APPROVED. Yea: 10 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing, & Robey. IN CITY COUNCIL 21 JULY 21, 2025 Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: WATER MAIN BOND 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. 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. Be and is herewith APPROVED. Yea: 10 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing, & 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 9:30 PM; adopted. President Ossing declared the vote of 10 – 0.