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, AUGUST 18, 2025 The regular meeting of the City Council was held on Monday, August 18, 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 9:21 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, JULY 21, 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 agenda item’s #2 and #3 (Public Hearings) be postponed until later in the agenda to accommodate Attorney Falk who is at the Planning Board meeting, 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 $10,000.00 from the Estate of Ms. Donna J. Colacchio awarded to the Police Department for the purchase of bulletproof vests for the K-9 unit; 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 $199,964.00 from the Executive Office of Public Safety & Security awarded to the Police Department to be used to offset personnel overtime costs in the Public Safety Dispatch Center; 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 $66,229.27 from the Executive Office of Public Safety & Security awarded to the Police Department to be used to offset personnel training costs in the Public Safety Dispatch Center; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 2 AUGUST 18, 2025 Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $33,825.00 from the Executive Office of Public Safety & Security awarded to the Police Department to be used for equipment, quality assurance reviews of dispatch personnel and an offset of overtime costs; 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 $158,406.42 (One hundred fifty-eight thousand, four hundred six dollars and forty-two cents) which moves funds from Reserved for Salaries to various accounts to fund the recently ratified agreement with the Marlborough Public Works Equipment Operators Association, 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 $158,406.42 11990006 57820 Reserve for Salaries $23,943.74 14001303 50740 Equipment Operators $859,295.05 Reason: Reason: Contractual Obligation $2,748.60 14001303 51310 Overtime-Regular $61,600.48 Reason: Contractual Obligation $259.11 14001303 51430 Longevity $27,242.00 Reason: Contractual Obligation $195.66 14001303 51470 Interim Foreman $12,058.96 Reason: Contractual Obligation $335.93 14001303 51920 Sick Leave Buy Back $25,864.00 Reason: Contractual Obligation $6,062.33 14001403 50745 Motor Equip Repairman $191,121.35 Reason: Contractual Obligation $124.64 14001403 51310 Overtime-Regular $6,360.00 Reason: Contractual Obligation $101.04 14001403 51430 Longevity $15,158.00 Reason: Contractual Obligation $331.78 14001403 51470 Interim Foreman $8,170.72 Reason: Contractual Obligation $25,141.39 14001503 50740 Equipment Operators $910,058.76 Reason: Contractual Obligation $3,395.80 14001503 51310 Overtime-Regular $88,803.50 Reason: Contractual Obligation IN CITY COUNCIL 3 AUGUST 18, 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 $101.04 14001503 51430 Longevity $16,960.00 Reason: Contractual Obligation $1,124.34 14001503 51470 Interim Foreman $29,207.81 Reason: Contractual Obligation $2,020.78 60085001 50750 Equipment Operators $59,727.79 Reason: Contractual Obligation $19.87 60085003 51310 Overtime-Regular $72,832.18 Reason: Contractual Obligation $20.21 60085003 51430 Longevity $1,484.00 Reason: Contractual Obligation $19,414.72 61090001 50740 Equipment Operators $736,698.11 Reason: Contractual Obligation $4,156.70 61090003 51310 Overtime-Regular $221,632.94 Reason: Contractual Obligation $145.25 61090003 51430 Longevity $12,773.00 Reason: Contractual Obligation $294.26 61090003 51470 Interim Foreman $9,175.64 Reason: Contractual Obligation $84.40 61090003 51920 Sick Leave Buy Back $10,494.00 Reason: Contractual Obligation $24,382.11 11990006 51500 Fringes $0.00 Reason: Contractual Obligation $44,002.72 14001203 51390 Overtime-Snow & Ice $125,094.82 Reason: Contractual Obligation $158,406.42 $158,406.42 President Ossing declared the vote of 10 – 0. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That pursuant to MGL Chapter 40, §4A, the City Council of the City of Marlborough hereby authorizes the Mayor to enter into an inter-municipal agreement (‘IMA”) with the Town of Shrewsbury relative to participation in the Central Massachusetts Regional Stormwater Coalition for Fiscal Year 2026 through Fiscal Year 2030, 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 Reappointment of David A. Giorgi as Police Chief for a four (4) year term, effective August 21, 2025, to expire on August 21, 2029, APPROVED; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 4 AUGUST 18, 2025 Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Retirement of Fire Chief Kevin J. Breen, effective January 30, 2026, FILE; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the City Council for the City of Marlborough hereby accepts from 272 Lincoln LLC, a Massachusetts limited liability company, with a usual place of business at 11 Placid Road, Newton, Massachusetts (the “Grantor”), a permanent sidewalk easement on a certain portion of the Grantor’s land located at 272 Lincoln Street, Marlborough, Massachusetts, in the Grant of Sidewalk Easement. DESCRIPTION The “Easement Area” is shown as “SIDEWALK EASEMENT” on a plan entitled “Easement Exhibit 272 Lincoln Street Marlborough, Massachusetts,” dated July 28, 2025, prepared by Engineering Alliance, Inc. APPROVED; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough hereby authorizes the Mayor, on behalf of the City of Marlborough, to enter into and execute a Local Initiative Program (LIP) Regulatory Agreement and Declaration of Restrictive Covenants for Rental Project (Local Action Units), with the Commonwealth Massachusetts Executive Office of Housing and Livable Communities and 339 Boston Post Road Owner, LLC. Said Regulatory Agreement is relative to the “Vesa” development at 339 Boston Post Road East, as required by Condition No. 7 (Affordable Units) of the special permit decision of the City Council (Order No. 21/22-1007995T), APPROVED; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Grant of Conservation Restriction from 339 Boston Post Road Owner, LLC is approved, pursuant to Section 32 of Chapter 184 and Section 8C of Chapter 40 of the Massachusetts General Laws and in the public interest, APPROVED; 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: Application for a 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, in proper legal form, Order No. 25-1009432C, MOVED TO ITEM #27 & FILE; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 5 AUGUST 18, 2025 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Application for 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, in proper legal form, Order No. 25- 1009434C, be and is herewith MOVED TO ITEM #31 & FILE; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Application for a Special Permit from 27 Curtis Ave RE LLC for the proposed renovation and reconstruction of a pre-existing, non-conforming car wash located at 27 Curtis Avenue, in proper legal form, Order No. 25-1009397E, MOVED TO ITEM #29 & FILE; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Application for a Special Permit from 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, in proper legal form, Order No. 25-1009433C, MOVED TO ITEM #30 & FILE; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Planning Board, re: Favorable Recommendation on the Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” to amend Section 17 “Table of Uses”, FILE; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Planning Board, re: Favorable Recommendation on Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” to create the “Ames Village Overlay District” (AOD), FILE; 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 August 2025, FILE; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY SEPTEMBER 8, 2025, as the DATE FOR PUBLIC HEARING, on Petition of MA Electric and Verizon, to install one Joint Owned Pole on Williams Street beginning at a point approximately 70’ Southeast of the centerline of the intersection of Williams Street and Morrissey Road. Install new Pole #51-50 on Williams Street. Install EMR at P51-50 on Williams Street; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 6 AUGUST 18, 2025 Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Saul Eduardo Carvajal on behalf of Chapa Paisa Restaurant, 203-205 Main Street for use of city property for outside seating, referred to the LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; adopted. President Ossing declared the vote of 10 – 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) Board of Assessors, June 18, 2025. b) Commission on Disabilities, November 4, 2024 & March 3, 2025. c) Conservation Commission, June 5, 2025. d) Council on Aging Board, June 10, 2025. e) Traffic Commission, April 30, 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) Kevin Boyle, 106 Preston Street, other property damage and/or personal injury. b) Kayla Lefevra, 232 Prospect Street, other property damage and/or personal injury. c) Dean Vittum, 52 Fitzgerald Road, pothole or other road defect. d) Luke Wetherall, 13935 Bishops Drive, Brookfield, WI, other property damage and/or personal injury. President Ossing declared the vote of 10 – 0. Councilor Fuccillo reported the following out of the Public Services Committee: City Council Public Services Committee August 4, 2025 Minutes and Report This meeting convened at 7:30 PM in the City Council Chamber and was open to the public. The meeting was televised on WMCT-TV (Comcast Channel 8 or Verizon/Fios Channel 34) and available for viewing on their website, https://www.wmct-tv.com. Voting members present were Chair Fuccillo, Councilor Irish, and Councilor Doucette. Non-voting members present were Council President Ossing, Councilor Robey, Councilor Preciado, and Councilor Vital. Order No.25-1009510: Application for a Second Hand/Junk Dealer License by Geni Hunt, d/b/a GE Gold Jewelry Atelier, 221 Boston Post Road East, Suite 270. Chair Fuccillo opened the meeting by reading an email from Police Chief David Giorgi dated July 17, 2025. Chief Giorgi’s email stated that he has no issues with the application. Present to answer questions was the applicant, Geni Hunt. Councilor Doucette asked the applicant what kind of business she was operating. Ms. Hunt responded that she is a private jeweler and has opened an office at 221 Boston Post Road East. This is not a retail establishment. Ms. Hunt says she has been a part of the Marlborough business community for over twenty-five (25) years. IN CITY COUNCIL 7 AUGUST 18, 2025 Reports of Committee Continued: Councilor Irish asked if the applicant would be making and designing the jewelry at the office. Ms. Hunt stated that she is not a designer and only helps her customers decide what they want. Councilor Irish reviewed the site and online reviews. He feels that there are adequate parking spaces and has no problem with the application. On a motion by Councilor Doucette, seconded by the Chair, the committee recommends approval of the application for a Second Hand/Junk Dealer License by Geni Hunt, d/b/a GE Gold Jewelry Atelier, 221 Boston Post Road East, Suite 270. Vote 3-0. On a motion by Councilor Irish, seconded by the Chair, the meeting adjourned at 7:33 PM. Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee August 4, 2025 Minutes and Report This meeting convened at 7:45 PM and was held in the City Council Chamber and open to the public. The meeting was televised live on WMCT-TV (Comcast Channel 8 or Verizon/Fios Channel 34) and available for viewing on their website, https://www.wmct-tv.com. Voting Members: Chair Irish, Councilors Fuccillo, Brown and Vital. (Councilor Oram absent). Also present were Councilors Doucette, Preciado, Navin, Robey and Ossing Order No.1009505: Transfer in the amount of $20,750.00 from Reserve for Salaries to various accounts as outlined to fund the Educational Incentive portion of the recently ratified MMEA contract. Chair Irish read the communication from Mayor Dumais. On a motion by Councilor Brown, seconded by the chair, the Finance Committee recommends approval of the transfer in the amount of $20,750.00 from Reserve for Salaries to various accounts as outlined to fund the Educational Incentive portion of the recently ratified MMEA contract. 4-0 Oram absent. Order No.1009506: Transfer in the amount of $240,733.22 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. Chair Irish read the communication from Mayor Dumais. On a motion by Councilor Brown, seconded by the chair, the Finance Committee recommends approval of the transfer in the amount of $240,733.22 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. Vote 4-0 Oram absent. Chair Irish will ask for a suspension of the rules at the August 18, 2025 regular City Council meeting to vote on the above transfer requests. On a motion to adjourn by Councilor Vital, seconded by the chair, the Finance Committee adjourned at 7:51 PM. IN CITY COUNCIL 8 AUGUST 18, 2025 Reports of Committee Continued: Councilor Robey reported the following out of the Urban Affairs Committee: City Council Urban Affairs & Housing Committee August 4, 2025 Minutes and Report This meeting convened at 7:45 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 Brown, Irish, and Ossing. The chair called the meeting to order and stated she was taking items out of order so the Zoning applicants wouldn't have to wait for discussion on filling blanks. Order No. 25-1009458: Communication from Attorney Brian Falk on behalf of the Guitierrez Company and the Marlborough/Northborough Realty Trust re: Proposed Zoning Amendment to Chapter 650 "Zoning" to create the "Ames Village Overlay." Present for applicant were Attorney Brian Falk and Scott Weiss from Gutierrez Company. The chair read the letter from the Planning Board with its favorable recommendation for the Zoning Overlay noting that their suggestions listed in the letter would be taken up if Zoning Overlay was approved and a special permit was applied for. The chair read through the language of the proposed amendment. Councilor Doucette questioned if we can amend the affordable numbers during the special permit process; the chair said the number is in the code and can't be amended. The chair questioned the statement in Dimensional standards #3 that there shall be no yard or setback requirements when they are specified in #1. Attorney Falk responded that #3 is referring to internal lot lines and as this site has been divided into housing lots through a separate subdivision, this just clarifies that the requirements in #1 don't apply to each of the lots. The chair asked for an explanation in H Landscaping and mention of code that does not apply. Attorney Falk explained—the provision 650-40 F(8) is essentially having apartment buildings having roughly level landscaped lawns equivalent to their largest floor area or the footprint of the building. It doesn't accommodate natural vegetated space; it's essentially recreational area or a landscaped area. Under this overlay district we have to set aside at a minimum 4 acres in its natural vegetated state along the perimeter of the property the minimum width of 50 feet, so if we also had to include landscaped area equal to our floor area it would seem to be unnecessary maintenance of the landscape area when we're already providing 4 acres of vegetated natural space. The floor area of our buildings combined is likely going to be a little over an acre so with the minimum 4 acres that we have to provide in its natural vegetated state we're already well above what that minimum requirement would be that we're asking for not apply here. 650-18 A9 is an additional requirement for landscaped and recreational area for multifamily properties where we have to provide a 25 foot landscape strip all along the frontage of Ames and Forest St and then a 50 foot natural vegetated strip all along the side and rear lot lines and four acres in total. Our view was we're already providing a lot of green space in a natural vegetative state and so to have these additional requirements for landscaped areas and recreational areas we didn't think it was needed. IN CITY COUNCIL 9 AUGUST 18, 2025 Reports of Committee Continued: There was discussion on parking requirement in Section I of minimum of 1.5 spaces per unit with agreement this could be looked at during the special permit to see if more spaces were needed. Councilor Fucillo moved to approve the proposed zoning amendment to C 650 to create the Ames Village Overlay District, seconded by chair. The motion carried 4-1 (Navin). The chair will ask for suspension of rules at the August 25th meeting to refer to Solicitor for full Council vote on September 8, 2025. Order No. 25-1009477: Communication from Assistant Solicitor Jeremy McManus on behalf of President Ossing re Proposed Amendment to filling blanks in Section 650-17, Table of Uses This was brought to us due to discovery of multiple zoning blank spaces in listings in the code. President Ossing worked with the solicitor to fill in the blanks. The chair read the letter from the Planning Board with its favorable recommendation and suggestion that we change the classification for coffee roastery in the Neighborhood Business District from N, not allowed, to SP, special permit. Councilor Doucette moved to approve the Proposed Amendment to Section 17 Table of Uses with an amendment to the listing of coffee roastery in NB from current N to SP, the chair seconded. The motion carried 5-0. The chair will ask for suspension of rules at the August 25th meeting to refer to Solicitor for full Council vote on September 8, 2025. Councilor Doucette moved to adjourn, it was seconded and carried 4-0. The meeting adjourned at 8:45 PM. IN CITY COUNCIL 10 AUGUST 18, 2025 Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0). Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following as amended, 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, APPROVED; adopted. 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 Reserve 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 Treasurer-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 Assessor-Education Incentive $0.00 $20,750.00 Total $20,750.00 Total President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 11 AUGUST 18, 2025 Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0). Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following as amended, 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, APPROVED; adopted. 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 12 AUGUST 18, 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 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 Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” to add a new section to create the “Ames Village Overlay District” (AOD), referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 8, 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 Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” to amend Section 17 “Table of Uses”, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 8, 2025, COUNCIL MEETING; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 13 AUGUST 18, 2025 Motion by Councilor Navin, to move the recommendation of the Personnel Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Ralph D. Loftin to the Zoning Board of Appeals for a 5-year term to expire on February 24, 2027, APPROVED; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Navin, to move the recommendation of the Personnel Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Thomas H. Golden to the Zoning Board of Appeals for a 5-year term to expire on February 24, 2027, APPROVED; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Navin, to move the recommendation of the Personnel Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Robert A. Levine to the Zoning Board of Appeals for a 5-year term to expire on February 24, 2028, APPROVED; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Navin, to move the recommendation of the Personnel Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Thomas C. Pope to the Zoning Board of Appeals for a 5-year term to expire on September 12, 2026, APPROVED; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Navin, to move the recommendation of the Personnel Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Peter B. Welsh to the Historical Commission for a 3- year term to expire on June 19, 2028, APPROVED; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Navin, to move the recommendation of the Personnel Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Deborah Jakubowski Russ to the Library Board of Trustees for a 3-year term to expire on February 1, 2028, APPROVED; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 14 AUGUST 18, 2025 Motion by Councilor Fuccillo, to move the recommendation of the Public Services Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009432D Special Permit Application of: Dish Wireless L.L.C. Order No. 25-1009432D Locus: 115 Onamog Street Marlborough, MA 01752 Assessors Map 81, Parcel (s) 238 DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009432D The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Dish Wireless L.L.C. (the “Applicant”), to allow for the co-location of a new Wireless Communications Facility (9 antennas and associated equipment) on an existing water tank, pursuant to the submitted plans, as provided in the DECISION and subject to the Findings of Fact and Conditions therein. FINDINGS OF FACT 1. The Applicant is a duly organized and existing limited liability company and FCC Licensee having a principal office located at 9601 S. Meridian Blvd., Englewood, CO 80112 c/o Jlee Associates 420 Northboro Road Central, Marlborough, MA 01752. 2. The Applicant is a prospective lessee of a portion of the property located at 115 Onamog Street (Assessor’s Map 81, Parcel(s) 238), Marlborough, Massachusetts (the “Site”) owned by the City of Marlborough. 3. On April 16, 2025, the Applicant filed with the City Clerk of the City of Marlborough an application (hereinafter referred to as the “Application”) for a Special Permit under Chapter 650 (Zoning) of the Code of the City of Marlborough (hereinafter referred to as the “Zoning Ordinance”), Section 650-25 entitled Wireless Communications Facilities. 4. In accordance with Article V, Section 650-18(A)(20) and Section 650-25 of the Zoning Ordinance, the Applicant proposes the co-location of a new Wireless Communications Facility (9 antennas and associated equipment) on an existing water tank) (the “Use”) at the Site, as shown in the plans submitted with the Application and referenced in paragraph 5 below. 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and plans entitled Site Number: BOBOS01099D, 115 Onamog Street, Marlborough, MA 01752 prepared by Advanced Engineering Group, P.C., with the last revision date of February 28, 2025, (the “Plans”), attached hereto as “ATTACHMENT A.” IN CITY COUNCIL 15 AUGUST 18, 2025 6. Pursuant to the Application, the Applicant is licensed by the FCC to provide personal wireless services in the City of Marlborough and surrounding areas and currently has a problem with significant gaps in coverage and capacity issues with coverage that could be alleviated by installing the Use on the subject location as shown on the Plans. 7. The Site is located in the Residence A-3 Zoning District which allows a Special Permit to be issued for a Wireless Communication Facility (“WCF”). 8. Pursuant to the Rules and Regulations of the City Council of the City of Marlborough and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application, and the City Clerk for the City of Marlborough caused notice of the same to be advertised and determined that notice of the same was provided to abutters and the planning boards of all surrounding towns entitled thereto in accordance with applicable regulations and law. 9. The subject water tank located at the Site (Fairmount Hill Tank) is currently under a long- term, 15-year maintenance, inspection, and capital improvement contract between the City of Marlborough and Utility Service Co., Inc., as authorized under Massachusetts General Laws Chapter 40, Sections 61-69 (the “City USC Contract”). Any co-location or equipment installation must comply with the terms and conditions of the City USC Contract. 10. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on June 9, 2025. The public hearing was held in the City Council Chamber, at the Marlborough City Hall, 140 Main Street. The public hearing was closed on June 9, 2025. 11. The Applicant presented oral testimony and demonstrative evidence at the public hearing, demonstrating that the Use meets all the applicable Special Permit criteria of Article VI, Section 650-25 and Article VIII, Section 650-59. 12. At the Public Hearing, there were no members of the public speaking in opposition to the Use. 13. The Council, in reviewing the Application, considered the Review Standard and Development Requirements, as enumerated in Article VI, Section 650-25 and Article VII, Section 650-59 of the City of Marlborough Zoning Ordinance, applicable 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 the Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds the proposed Use of the Site is in harmony with the intent and general purpose of the Zoning Ordinance of the City of Marlborough when subject to appropriate terms and conditions as provided in this Decision. The City Council makes these findings subject to the completion and adherence by the Applicant, its successors and/or assigns to the conditions more fully set forth herein. C. The City Council finds that the proposed Use is consistent with the purposes of Section 650- 25 governing WCFs in the City. D. The proposed WCF and location are consistent with both the applicable review standards in Section 650-25(D) and the development requirements in Section 650-25(E). E. The City Council recognizes the Applicant is a federal licensee afforded certain protection under federal telecommunications law, to the extent provided by law. IN CITY COUNCIL 16 AUGUST 18, 2025 F. The City Council confirms the Applicant has demonstrated the need to construct the proposed facility to solve certain wireless coverage and capacity issues that currently exist in its network in the vicinity. G. The City Council finds that there are adequate, ample parking spaces on the host parcel. H. The City Council finds the proposed Use, which consists of an unmanned and unoccupied facility, will have no impact on traffic and pedestrian safety in the area. I. The City Council finds the proposed Use will not be contrary to the public health, safety, convenience and welfare and will not be offensive or detrimental. J. The City Council, pursuant to its authority under MGL Chapter 40A and the City of Marlborough Zoning Ordinance GRANTS to the Applicant a Special Permit for construction of the Use, a wireless communications facility on the existing water tank at the Site, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. Construction in Accordance with Applicable Laws. Construction of all structures on the Site shall be in accordance with all applicable Building Codes and Zoning Regulations in effect in the City of Marlborough and the Commonwealth of Massachusetts, and the Use shall be built according to the Plans 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 occupancy permit shall be issued until the Applicant has complied with all conditions. Subsequent Site Plan Review shall be consistent with the conditions of this Special Permit and the Plans submitted, reviewed and approved by the City Council as the Special Permit Granting Authority. 3. 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 Public Services 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. 4. Compliance with Applicable Laws. The Applicant, its successors and/or assigns 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. 5. All work performed on the Site shall comply with this Decision. No other building or construction or activity (including but not limited to any other communications device, WCF, tower, etc.) shall occur without further modification of this Special Permit. This condition shall be interpreted consistent with federal law governing WCF’s. 6. No signage or advertising of any sort shall be permitted as part of the Use. 7. The Applicant shall comply with all applicable conditions for WCFs as set forth in Section 650-25(F), each of which shall constitute conditions of this special permit. IN CITY COUNCIL 17 AUGUST 18, 2025 8. Any installation, modification, or maintenance of antenna equipment on the tank shall be coordinated with Utility Service Co., Inc., the City's contracted water tank maintenance vendor, to ensure no interference with the City's maintenance obligations or tank integrity. All antenna installations shall be subject to prior review and approval by Utility Service Co., Inc., pursuant to the City USC Contract referenced in Finding of Fact Number 9 above. Any co-location or equipment installation must comply with the terms and conditions of the City USC Contract as amended. The Applicant shall be responsible for the temporary removal and reinstallation of its antennas and associated equipment if such removal is necessary to accommodate required maintenance, inspection, or renovation of the water tank, as determined by the City or its tank maintenance contractor. Costs associated with such removal shall be borne by the Applicant. 9. In accordance with the provisions of Massachusetts General Laws Chapter 40A, Section 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit has elapsed with no appeal having been filed, and before the Applicant has applied to the Building Commissioner for a building permit. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit to the City Council Office, the Building Department and the City Solicitor’s Office. Yea: 10 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Master Sign Plan to include the smaller 6’x5’ monument sign in addition to various other signs as shown in the drawings, 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, APPROVED; adopted. Councilor Doucette Recused. President Ossing declared the vote of 9 – 0 – 1. IN CITY COUNCIL 18 AUGUST 18, 2025 Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009397F Special Permit Application of: 27 Curtis Ave RE LLC Order No. 25-1009397F Locus: 27 Curtis Avenue Marlborough, MA 01752 Assessors Map 58 Parcel(s) 87A DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009397F The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to 27 Curtis Ave RE LLC (the “Applicant,” including its successors and assigns), for the complete and total demolition and reconstruction of the existing car wash at 27 Curtis Avenue in the Business Zoning District, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1.The Applicant, 27 Curtis Ave RE LLC, is a Massachusetts limited liability company with an address of 2 Christina Drive, North Easton, MA 02356. 2.The Applicant is the current owner of the property located at 27 Curtis Avenue, Marlborough, being shown as Parcel 58-87A (the “Site”). 3.In accordance with Article IV, Section 650-12(B), and Article V, Sections 650-17 and 650- 18(A)(28), of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Applicant proposes a car wash at the Site, replacing an existing car wash at the Site (the “Use”). As shown on the Plans referenced in paragraph 5 below, the Use consists of a building, accessory parking, improved drive aisles, drainage systems and landscaped areas. 4.The Applicant filed with the 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 “27 Curtis Avenue, Marlborough, Massachusetts Survey Plan” by Spruhan Engineering dated March 4, 2025, and architectural plans by RAV & Associates, Inc. entitled “27 Curtis Avenue Proposed Floor Plan” dated January 21, 2025, (the “Plans”), 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. IN CITY COUNCIL 19 AUGUST 18, 2025 7.The Site is located in the Business Zoning District. 8.The Site has an area of 14,218 square feet +/- as shown on the Plans. 9.Pursuant to the Rules and Regulations of the City Council for the City of Marlborough and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application and the City Clerk for the City of Marlborough caused notice of the same to be advertised twice and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 10. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, June 9, 2025. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on June 9, 2025. 11. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its improvements regarding, but not limited to, the following: municipal services, safety, curb appeal for the neighborhood, energy efficiency, noise mitigation and traffic flow. 12. At the public hearing, no members of the public spoke in opposition to the Use and one member of the public spoke in favor of 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 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. C. The City Council, pursuant to its authority under Massachusetts General Laws Chapter 40A and the Zoning Ordinance of the City of Marlborough hereby GRANTS the Applicant a Special Permit for a car wash at 27 Curtis Avenue, as shown on the Plans filed, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant: 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 Plans as may be amended during Site Plan Review. IN CITY COUNCIL 20 AUGUST 18, 2025 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 Plans 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 Plans 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, or increase the size of the building, all as shown on the Plans. 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 storm water 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. Hours. The maximum hours of operation of the Use at the Site shall be 24 hours per day, 7 days per week. 7. 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. 8. 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 East Main Street, 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. IN CITY COUNCIL 21 AUGUST 18, 2025 9. 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. 10. Lighting. Exterior lighting at the Site shall be downward facing, shielded to minimize impacts on neighboring properties, and shall comply with applicable laws. 11. Signs. Signage at the Site shall comply with the City’s sign ordinance. 12. 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. 13. 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: 9 – Nay: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Ossing & Robey. Nay: Oram. IN CITY COUNCIL 22 AUGUST 18, 2025 Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009433D Special Permit Application of: TV Marlborough, LLC & Green Armory Laboratories, Inc. Order No. 25-1009433D Locus: 260 Cedar Hill Street Marlborough, MA 01752 Assessors Map 115, Parcel(s) 7A DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009433D The City Council of the City of Marlborough (“City Council”) hereby GRANTS the Application for a Special Permit to TV Marlborough, LLC, having a usual place of business at 42 Monument Street, Concord, Massachusetts 01742, and Green Armory Laboratories, Inc., having a usual place of business at 260 Cedar Hill Street, Marlborough, Massachusetts 01752, as provided in this Decision and subject to the following Findings of Fact and Conditions: FINDINGS OF FACT 1. TV Marlborough, LLC is a limited liability company organized, existing and in good standing under the laws of the State of Delaware and existing and in good standing under the laws of the Commonwealth of Massachusetts having a usual place of business at 42 Monument Street, Concord, Massachusetts 01742, hereinafter referred to as “TV Marlborough.” 2. Green Armory Laboratories, Inc. is a corporation organized, existing and in good standing under the laws of the Commonwealth of Massachusetts having a usual place of business at 260 Cedar Hill Street, Marlborough, Massachusetts 01752, hereinafter referred to as “Green Armory” and together with TV Marlborough, collectively the “Applicant.” 3. Green Armory is a prospective tenant of a commercial unit located at 260 Cedar Hill Street, Marlborough, Massachusetts 01752, as shown on Marlborough Assessor’s Map 115, Parcel 7A (the “Site”). The owner of the Site is TV Marlborough. The Site is located in the Industrial “I” Zoning District. 4. On April 17, 2025, the Applicant filed with the City Clerk of the City of Marlborough, an Application to City Council for Issuance of Special Permit (hereinafter referred to as the “Application”) under Article V, Section 650-17, Section 650-18(A)(47), and Article VI, Section 650-32 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), to permit the Applicant to conduct a business with the purpose of operating a Marijuana Independent Testing Laboratory (the “Use”). IN CITY COUNCIL 23 AUGUST 18, 2025 5. In connection with the Application, the Applicant submitted: (a) Application to City Council for Issuance of Special Permit, (b) Filing Fee check in the amount of $500.00, (c) Abutters List, (d) Special Permit – Summary Impact Statement, (e) Special Permit Application Certification by Planning Department, (d) Tax Payment Certification, and (e) A site plan set, consisting of 1 plan sheet, prepared by Truax Engineering Group, Inc. dated March 18, 2025 and an architectural plan set, consisting of 6 plan sheets, prepared by Alok Dhanda Architecture, LLC dated November 25, 2024 (the “Plans”), 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 Use at the Site will occupy an area of 2,917 +/- square feet. 8. In accordance with 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 June 9, 2025 as the date for a public hearing on the Application, caused to be advertised notice of said hearing and the date thereof in the MetroWest/Milford Daily News and mailed said notice to those entitled thereto, all in accordance with Massachusetts General Laws Chapter 40A. 9. The City Council held a public hearing on the Application on June 9, 2025, in accordance with the published notice (the “Public Hearing”). The hearing was opened at the time provided for in the notice and following the completion of testimony the hearing was closed on said date. 10. The Applicant presented testimony at the Public Hearing detailing the business operational plans for facility, especially as it pertained to security, waste disposal, hiring practices, community and economic impact, and such issues as the City Council and members of the public deemed appropriate. Members of the public had the opportunity to testify at the Public Hearing. At the Public Hearing, no members of the public spoke in favor of the Use as the Site and no members of the public spoke in opposition to the Use at the Site. 11. The Applicant provided written and oral documentation and testimony to the City Council and the City Council’s Urban Affairs and Housing Committee (“Urban Affairs”) regarding the facility, operations, security and waste disposal. 12. The facility has 24-hour monitoring of security cameras, as well as multi-tiered levels of security clearance within the building. The applicant commits to work with City officials and the Marlborough Police Department to address any and all reasonable security concerns. 13. All staff of Green Armory comply with all Cannabis Control Commission hiring requirements, including, but not limited to, any background and CORI check requirements. 14. The Applicant commits to considering local applicants for employment and independent contract purposes. Applicant residency will be one positive consideration among many considerations such as experience and educational background. BASED UPON 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 City Council as they pertain to special permit applications. IN CITY COUNCIL 24 AUGUST 18, 2025 B. The City Council finds that the proposed Use at the Site is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance when subject to the appropriate terms and conditions as provided in this Decision. The City Council makes these findings subject to the completion and adherence by the Applicant to the conditions more fully set forth in this Decision, as further specified below. C. The City Council finds that the Site is located in the portion of the Industrial Zoning District located west of Interstate Highway Route 495, in accordance with Section 650-18(47)(a) of the Zoning Ordinance, and that the Site is not located within 500 feet of a school or daycare center, in accordance with Article VI, Section 650-32(F) of the Zoning Ordinance. D. In accordance with Article VI, Section 650-32(C) of the Zoning Ordinance, the City Council hereby determines that any adverse effects of the Use at the Site will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the Site, and of the proposal in relation to the Site, based upon consideration of the following: 1. Social, economic, or community needs which are served by the proposal: Finding: The Use at the Site will provide a safe and convenient location for an independent testing laboratory. 2. Traffic flow and safety, including parking and loading: Finding: The Site will safely accommodate expected traffic flow from the Use and provide adequate parking and loading capacity. 3. Adequacy of utilities and other public services: Finding: The Site provides adequate utilities and public services for the Use. 4. Neighborhood character and social structures: Finding: The Use is consistent with the established commercial area in the vicinity of the Site. 5. Impacts on the natural environment: Finding: The Use will have no greater impact than the established commercial uses in the area of the Site. 6. Potential fiscal impact, including impact on City services, tax base, and employment: Finding: The Use at the Site will be revenue positive. 7. Hours of operation: Finding: The hours of operation of the Use will be 8:00 a.m. to 5:00 p.m. 8. Requiring that contact information be provided to the Chief of Police, the Building Commissioner, and the Special Permit Granting Authority: Finding: The provision of contact information is specifically conditioned below. 9. To the extent permitted by law, requiring payment of a community impact fee: Finding: The City has executed a host community agreement with Green Armory Laboratories, Inc., which addresses this requirement. IN CITY COUNCIL 25 AUGUST 18, 2025 10. Requiring the submission to the Special Permit Granting Authority of the same annual reports that must be provided to the Commonwealth of Massachusetts Department of Public Health and/or the Massachusetts Cannabis Control Commission: Finding: This requirement is specially conditioned below. 11. Requiring regular inspections by City officials or their agents, and access to the same records which are available for inspection to the Commonwealth of Massachusetts Department of Public Health and/or the Massachusetts Cannabis Control Commission: Finding: This requirement is specially conditioned below. 12. Requiring employees to undergo a criminal background check, including but not limited to CORI and an additional background check, by the Police Chief who shall have the authority to disapprove the employment of any person(s) as a result of said background check: Finding: This requirement is specially conditioned below. 13. Requiring surveillance cameras, capable of 24-hour video recording, archiving recordings and ability to immediately produce images, in, on, around or at the premises: Finding: This requirement is specially conditioned below. 14. Prohibiting the sale of any materials or items unrelated to the purposes of registration by the Commonwealth of Massachusetts Department of Public Health and/or the Massachusetts Cannabis Control Commission including, without limitation, tobacco products, clove cigarettes, or e-cigarettes: Finding: This requirement is specially conditioned below. 15. The ability for the business to: a. Provide a secure indoor waiting area for clients; b. Provide an adequate and secure pick-up/drop-off area for clients, customers and products; c. Provide adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals; d. Adequately address issues of traffic demand, parking, and queuing, especially at peak periods at the business, and its impact on neighboring uses; and e. provide opaque exterior windows. Finding: These requirements are specially conditioned below, to the extent applicable to the Use. 16. Signs and signage: Finding: The Applicant is not proposing new exterior signage at the Site, other than a 2’ x 2’ identification sign over the outside entrance. 17. Names of businesses, business logos and symbols, subject to state and federal law and regulations: Finding: The Applicant’s business name, business logos and symbols do not violate applicable state and federal law and regulations. IN CITY COUNCIL 26 AUGUST 18, 2025 18. If applicable, reduce energy and water usage, engage in energy conservation and mitigate other environmental impacts: Finding: The Use’s energy usage, water usage, and environmental impacts would be no different than other commercial uses in the vicinity of the Site. E. The City Council, pursuant to its authority under Massachusetts General Laws Chapter 40A and the Zoning Ordinance of the City of Marlborough hereby GRANTS the Application for a Special Permit to the Applicant, in order to authorize the operation of a Marijuana Independent Testing Laboratory at 260 Cedar Hill Street, 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 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 Plans. 2. Compliance with Applicable Laws. The Applicant agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance and operation of the Use at the Site. 3. Site Plan Review. The Use at the Site is further subject to Site Plan Review in accordance with the City of Marlborough site plan review ordinance prior to the issuance of the occupancy permit, as required by Article VI, Section 650-32(E) of the Zoning Ordinance. 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. Site Plan Review shall be consistent with the conditions of this Special Permit and the materials submitted, reviewed, and approved by the City Council as the Special Permit Granting Authority. 4. Incorporation of Submissions. All plans, photo renderings, site evaluations, briefs and other documentation provided by the Applicant as part of the Application, and as amended or revised during the application/hearing process before the City Council and/or the City Council’s Urban Affairs Committee, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. 5. Compliance With State Requirements. In accordance with Article V, Section 650- 18(47)(c) of the Zoning Ordinance, the Use at the Site shall comply with all statutes and regulations of the Commonwealth of Massachusetts for the licensure and operation of an Independent Testing Laboratory. IN CITY COUNCIL 27 AUGUST 18, 2025 6. Security. a. The Applicant shall maintain the security at the Site in accordance with the applicable Massachusetts Cannabis Control Commission requirements for an Independent Testing Laboratory. The Applicant shall provide a written Security Plan to be approved and signed by the Marlborough Police Chief or his designee. Any substantive changes to the Security Plan shall receive written approval from the Police Chief or his designee. b. The Applicant shall maintain the designated laboratory and storage area as a secured and limited access area at the Site. c. The Applicant shall maintain surveillance cameras capable of 24-hour video recording and archiving recordings. 7. Processing and Odors. There shall be no processing or manufacturing of marijuana or marijuana infused products as part of the Use at the Site. Marijuana and marijuana products shall be pre-packaged and sealed prior to arriving at the Site. Any odors associated with marijuana and marijuana infused products shall be limited to the interior of the unit. There shall be no onsite consumption or use of marijuana or marijuana infused products associated with the Use at the Site. 8. Hours. The maximum hours of operation of the Use at the Site shall be Monday through Friday, 8:00 AM to 5:00 PM 9. Contact Information. The Applicant shall provide current contact information of management and staff to the Chief of Police, the Fire Chief, the Building Commissioner, and the City Council. 10. Annual Reports. The Applicant shall submit to the City Council the same annual reports that must be provided to the Massachusetts Cannabis Control Commission. 11. Inspections and Records. The Applicant shall make the Use available for regular inspections by City officials or their agents and shall provide City officials or their agents with access to the same records which are available for inspection to the Massachusetts Cannabis Control Commission. 12. Background Checks. The Applicant shall require that employees undergo a criminal background check, including but not limited to CORI and an additional background check, by the Chief of Police, who shall have the authority to disapprove the employment of any person(s) as a result of said background check. 13. Retail Sales. There shall be no retail sales permitted at the Site. 14. 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: 10 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. IN CITY COUNCIL 28 AUGUST 18, 2025 Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee to approve the Special Permit, seconded by the Chair. Motion by Councilor Preciado, seconded by the Chair to adopt the following: ORDERED: That the Special Permit from Attorney Gemma Cashman on behalf of Royal 401 Elm Street LLC be AMENDED by adding the following two (2) conditions, APPROVED; adopted. Deed Restriction of Remainder of Property for Conservation Purposes: The remainder of the subject property, not currently developed or planned for development, shall be placed under a deed restriction in perpetuity. This deed restriction shall ensure that the undeveloped portion of the property is preserved as open space and placed into conservation. Contribution to Conservation Maintenance Trust Fund A monetary contribution in the amount of $15,000.00 will be made to the Conservation Maintenance Trust Fund Account (Account Number: 84500005 54000). This contribution will be used specifically for the maintenance and stewardship of conservation lands in accordance with the guidelines established by the City of Marlborough’s Conservation Commission. President Ossing declared the vote of 9 – 1. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the 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 as amended, referred to the LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM ADDING THE TWO CONDITIONS FOR THE SEPTEMBER 8, 2025, COUNCIL MEETING; adopted. President Ossing declared the vote of 9 – 1. That the 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, Order No. 25-1009512, all were heard who wish to be heard, hearing closed at 9:05 PM; adopted. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. That the 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, Order No. 25-1009513, all were heard who wish to be heard, hearing closed at 9:20 PM; adopted. Councilors Present: 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 9:21 PM; adopted. President Ossing declared the vote of 10 – 0.