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, SEPTEMBER 8, 2025 The regular meeting of the City Council was held on Monday, September 8, 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 8:45 PM. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, AUGUST 18, 2025, FILE; adopted. President Ossing declared the vote of 10 – 0. That the PUBLIC HEARING on the 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, Order No. 25-1009528, all were heard who wish to be heard, hearing closed at 8:02 PM; adopted. a) Communication from City Engineer Thomas DiPersio, re: Recommended conditions for Petition of MA Electric and Verizon New England, Williams Street. Councilors Present: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the 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, 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 SEPTEMBER 8, 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 10 – 0. Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of intention to convene Joint Convention of City Council and School Committee pursuant to MGL Chapter 43, §36 for the purpose of filling the unexpired term of former School Committee member Heidi A. Matthews, FILE; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Request for Executive Session to consider the purchase or value of real property, MOVED TO END OF THE AGENDA; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Mayor is authorized on behalf of the City of Marlborough to enter into a Memorandum of Agreement with the Commonwealth of Massachusetts Department of Conservation and Recreation for trail maintenance in Marlborough, APPROVED; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notice of payments of Opioid Settlement Funds to local community groups, FILE; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 3 SEPTEMBER 8, 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, with additional amendments approved by City Council, Order No. 25-1009434D, MOVED TO ITEM #21 & 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 Attorney William Pezzoni on behalf of Royal 401 Elm Street, LLC, re: Submission of Memorandums relative to proposed project at 415 Elm Street, 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: Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” to amend Section 17 “Table of Uses, in proper legal form, Order No. 25-1009477C, MOVED TO ITEM #19 & 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: Proposed Zoning Ordinance Amendment to Chapter 650 "Zoning" to add a new section to create the "Ames Village Overlay District (AOD), in proper legal form, Order No. 25- 1009458C, be and is herewith MOVED TO ITEM #20 & 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: Notification of residential request spray program ending after Labor Day, FILE; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Cost of Living (COLA) Base be increased from $14,000.00 to $15,000.00 pursuant to MGL Chapter 32 §103(j) effective July 1, 2025, APPROVED; 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, OCTOBER 6, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Special Permit from Attorney Gemma Cashman, on behalf of JC Residential and Light Commercial LLC, for outdoor storage as an accessory use for the warehouse located at 1000 Nickerson Road, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 4 SEPTEMBER 8, 2025 Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Brian Falk on behalf of FD 130 Lizotte LLC, re: Request to Extend Time Limitations, on the Application for Special Permit for the Glenford at Lake Williams Condominium Community to be located in the Lizotte Drive Overlay District, until 10:00 PM on November 3, 2025, 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 Communication from Attorney Brian Falk on behalf of Farm Road Realty Trust and Evangelous Roofing, re: Request to Extend Time Limitations, on the Application for Special Permit to operate a contractor’s yard in a preexisting non-conforming building in the Airport Industrial Park, at 17 Airport Boulevard, Unit 20, until 10:00 PM on December 17, 2025, 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 Communication from Attorney Brian Falk on behalf of 1st Choice Auto Services & Sales, Inc., re: Request to Extend Time Limitations, on the Application 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, until 10:00 PM on December 17, 2025, APPROVED; 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) Commission on Disabilities, April 7, 2025 & May 5, 2025. b) Conservation Commission, July 2, 2025, July 17, 2025 & August 7, 2025. c) Cultural Council, June 4, 2025. d) Historical Commission, June 26, 2025. e) Planning Board, June 9, 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) Joseph Joyce, 85 Graham Path, pothole or other road defect. President Ossing declared the vote of 10 – 0. IN CITY COUNCIL 5 SEPTEMBER 8, 2025 Councilor Irish reported the following out of the Finance Committee: City Council Finance Committee August 25, 2025 Minutes and Report This meeting convened at 7:09 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 Oram, Brown and Vital; Councilor Fuccillo absent. Also present were Councilors Robey and Ossing Order No. 25-1009520: Transfer in the amount of $158,406.42 from Reserve for Salaries to various accounts to fund the recently ratified agreement with the Marlborough Public Works Equipment Operators Association. Chair Irish read the communication from Mayor Dumais. On a motion by Councilor Vital, seconded by the chair, the Finance Committee recommends approval of the transfer in the amount of $158,406.42 to fund the recently ratified agreement with the Marlborough Public Works Equipment Operators Association. Vote 4 in favor 1 (Fuccillo) absent Chair Irish will ask for a suspension of the rules at the September 8, 2025, regular City Council meeting to vote on the above transfer request. On a motion to adjourn by Councilor Vital, seconded by the chair, the Finance Committee adjourned at 7:12 PM. Councilor Brown reported the following out of the Legislative & Legal Affairs Committee: Minutes and Report City Council Legislative & Legal Affairs Committee August 25, 2025 This meeting convened at 6:52 PM in the City Council Chamber, City Hall. Public attendance was permitted. The meeting was televised on WMCT-TV (Comcast Channel 8 and Verizon/Fios Channel 34) and available for viewing live at https://www.wmct-tv.com/watch Committee Members Present: Chair Brown, and Councilor Robey; Councilor Fuccillo absent. Other Councilors Present: Councilors Vital, Oram, Irish and Ossing. Order No. 25-1009529: Communication from Saul Carvajal on behalf of Chapa Paisa Restaurant, 203-205 Main Street for use of city property for outside seating. Mr. Carvajal addressed his request. Chair Brown and Councilor Robey questioned Mr. Carvajal regarding his proposal, including the number of tables, hours of operation, music and lighting. Mr. Carvajal proposes to place four tables with three chairs each and less if he finds it is too crowded. The hours of operation will be 11 AM to 8:30 PM. Mr. Carvajal will not be seeking approval from the License Board to serve alcohol outside at this time. Councilor Robey suggested that the proposed license to encroach be submitted to the City Solicitor for review, specifically in regard to the indemnification clause. IN CITY COUNCIL 6 SEPTEMBER 8, 2025 Reports of Committee Continued: Councilor Ossing stated that the Solicitor should be asked to create a decision for the license to encroach similar to those granted to Lost Shoe and Flying Dreams. On a motion to approve by Councilor Robey, seconded by Chair Brown, the committee recommends approval of the request by Chapa Paisa Restaurant, 203-205 Main Street, to use city property for outside seating and to refer the matter to the City Solicitor for proper form. Vote 2-0 Fuccillo absent. On a motion by Councilor Robey, seconded by Chair Brown, to adjourn, the meeting adjourned at 7:08 PM. 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, 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, 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 $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 7 SEPTEMBER 8, 2025 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 Brown, seconded by the Chair to adopt the following: ORDERED: That the Request 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 LEGAL DEPARTMENT TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 22, 2025, COUNCIL MEETING; adopted. President Ossing declared the vote of 10 – 0. Motion by Councilor Fuccillo, to move the recommendation of the Public Services Committee, 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, APPROVED; adopted. President Ossing declared the vote of 10 – 0.  IN CITY COUNCIL 8 SEPTEMBER 8, 2025 Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee, seconded by the Chair to adopt the following: ORDERED: THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING SUBMITTED FOR ITS OWN CONSIDERATION CHANGES IN THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH AS AMENDED, TO FURTHER AMEND CHAPTER 650, NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED BE FURTHER AMENDED BY ADDING THERETO AS FOLLOWS I. Section 650-17, entitled “Table of Uses” is hereby amended as follows (new text shown as bold and underlined): RR A-1 A-2 A-3 RB RC RCR NB B CA LI I MV WAYSIDE DLB Hotels < 100 rooms N N N N N N N SP SP SP SP SP SP SP SP Narcotic detoxification and/or N N N N N N N N N SP SP SP N N SP maintenance facility Medical marijuana N N N N N N N N SP N SP N N SP SP treatment center (45) Adult use marijuana retail, marijuana N N N N N N N N SP N SP N N SP SP accessories retail (46) Winery, brewery, or distillery with tasting N N N N N N N Y Y Y Y Y Y Y Y room Data storage/ telecommunications N N N N N N N N N N Y Y N N N facilities Self-service storage N N N N N N N N SP SP N N N N N facility Coffee roastery N N N N N N N SP SP N SP SP SP SP SP APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening. President Ossing declared all votes to be 10 – 0. IN CITY COUNCIL 9 SEPTEMBER 8, 2025 Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee, seconded by the Chair to adopt the following: ORDERED: THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING RECEIVED A PETITION TO AMEND THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED AS FOLLOWS: I. Chapter 650, Article VI, entitled “Special Districts, Overlays and Special Requirements” is hereby amended by inserting a new Section 650-39.2, entitled “Ames Village Overlay District”, which shall read as follows: § 650-39.2_ – AMES VILLAGE OVERLAY DISTRICT A. Purpose and Objectives. The Ames Village Overlay District (the “AOD”) allows the application of supplemental land use controls within the boundaries of a certain overlay district as an alternative to land use controls that exist in the underlying district. The establishment of the AOD is to enhance land use development, promote housing by allowing the construction of market-rate and affordable-rate multifamily condominiums, and to maximize open space and vegetated buffers for existing residential neighborhoods. B. Location; Underlying Zoning. (1) For the purposes of this section, the AOD is located at the northeast corner of the intersection of Ames Street and Forest Street, containing approximately 11 acres, as indicated on the City Zoning Map and more particularly depicted in Exhibit “A” attached hereto and incorporated herein by this reference. (2) Except as specifically provided herein, the provisions of the Zoning Ordinance relating to the underlying zoning districts not otherwise impacted by this section (§ 650-39.2, et seq.) shall continue to remain in full force and effect. In the event of any conflict between the provisions of this section (§ 650-39.2, et seq.) and any other provision of the Zoning Ordinance, the provisions of this section (§ 650-39.2, et seq.) shall govern and control. C. Authority of Permit Granting Authority. (1) The City Council shall be the special permit granting authority in the AOD. (2) Site Plan Review in the AOD shall be conducted administratively in accordance with § 270-2 of the Code of the City of Marlborough. (3) The City Council may elect to vary the dimensional, parking, design, and landscaping requirements applicable to a use or structure by special permit upon finding that such change shall result in an improved design and will not nullify or substantially derogate from the intent of purpose of this Section. D. Use Regulations. (1) The following uses are permitted in the AOD: i. Uses allowed by right in the underlying zoning district, as set forth in the Table of Use Regulations, § 650- 17, are permitted by right; ii. Uses allowed by special permit in the underlying zoning district, as set forth in the Table of Use Regulations, § 650- 17, may be permitted by special permit; IN CITY COUNCIL 10 SEPTEMBER 8, 2025 iii. By special permit: Multifamily dwellings, as defined in § 650- 5(B), including multiple buildings on a single lot, provided that the total number of multifamily dwelling units in the AOD shall not exceed 90. E. Affordable Housing. Notwithstanding any provisions in the Zoning Ordinance to the contrary, multifamily dwellings in the AOD shall be subject to the affordable housing standards of § 650-26. F. Dimensional Standards. (1) Notwithstanding any provisions in the Zoning Ordinance to the contrary, multifamily dwellings in the AOD shall be subject to the following dimensional standards: i. Minimum lot area: 100,000 square feet. ii. Minimum lot frontage: 100 feet. iii. Minimum front yard or setback from a public way: 20 feet. iv. Minimum side and rear yard: 50 feet. v. Maximum building height: 4 stories, exclusive of parking level. vi. Maximum lot coverage: 50%, over the entire AOD. (2) Notwithstanding anything contained herein or in the Zoning Ordinance to the contrary, there shall be a vegetated buffer with a minimum width of 50 feet and a total minimum area of 4 acres located along the exterior boundary of the AOD, excluding boundaries along public ways, for multifamily dwellings. The vegetated buffer shall remain in its natural state free from structures and impervious surfaces, but may be used for stormwater management and underground installations. To the maximum extent practical, existing mature vegetation within the vegetated buffer shall be maintained. Special permits and site plan approvals for multifamily dwellings within the AOD may require additional screening within the vegetated buffer deemed necessary to minimize the visual impacts of such development on neighboring properties. (3) Notwithstanding anything contained herein or in the Zoning Ordinance to the contrary, there shall be no yard or setback requirements, planting strips, or vegetated buffers required as to any internal lot lines for multifamily dwellings within the AOD. G. Environmental/Soil Regulations. All developed areas in the AOD shall be subject to any applicable municipal, state, and federal laws, rules, regulations, and ordinances as they may apply to properties with historic orchard operations, including soil management protocols. H. Landscaping Regulations. Notwithstanding any provisions in the Zoning Ordinance to the contrary, development in the AOD shall be subject to the landscaping regulations of § 650-47; provided, however, that § 650-40.F(8) and § 650-18(A)(9) shall not apply to multifamily dwellings in the AOD. I. Parking Regulations. Notwithstanding any provisions in the Zoning Ordinance to the contrary, the minimum parking requirement for multifamily dwellings in the AOD shall be one and one half (1.5) spaces per unit. IN CITY COUNCIL 11 SEPTEMBER 8, 2025 J. Modifications. (1) After approval, applicants may seek modifications to any approved Special Permits or Site Plan Approvals. (2) Special Permits – Major modifications to a Special Permit may be granted by a vote of the City Council, and minor modifications to a Special Permit may be granted by the Building Commissioner. The Building Commissioner shall have jurisdiction to determine whether a requested modification to a Special Permit is major or minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment, or the neighborhood. Where the effect of a modification to a Special Permit is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten percent (10%) or greater variation from the applicable approval, provided however, that said modification would not result in a violation of any provision of this Section. If it is determined that a modification to a Special Permit is not minor, per § 650-59 of the Zoning Ordinance, an application for a revised Special Permit shall be filed, and a public hearing shall be held in the same manner as required for a new application. (3) Site Plan Approvals – Major or minor modifications to a Site Plan Approval shall be subject to the provisions of § 270-2 of the Code of the City of Marlborough. II. The Zoning Map described in § 650-8 is amended as stated herein and in Exhibit “A” annexed hereto. The newly established “Ames Village Overlay District” shall include portions of the property shown on the Assessors Map as existing at the passage of this Ordinance, which property includes the following parcels of land (herein identified by the Assessors’ Map and Parcel Number): Assessors Map 89, Parcels 80 through 88; Assessors Map 89, Parcels 90 through 99; Assessors Map 100, Parcel 15; Assessors Map 100, Parcel 24; Assessors Map 100, Parcel 25; and Assessors Map 100, Parcel 26. III. The City Clerk is authorized to assign other numbering for the new section 650-39.2 as deemed appropriate for sequential ordering in the Zoning Ordinance. IV. The effective date of these amendments shall be the date of their passage. First Reading, suspended; Second Reading, adopted; President Ossing declared the vote of 7 – 3 announcing the Ordinance DOES NOT PASS. IN CITY COUNCIL 12 SEPTEMBER 8, 2025 Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee to approve the Special Permit with the two (2) additional conditions approved at the August 18, 2025, meeting, seconded by the Chair. Motion by Councilor Vital, to amend the draft special permit decision submitted by the City Solicitor to incorporate all of the amendments as indicated below to conditions #7, #8, #11, and #16, seconded by the Chair. a. Condition #7 (Hours of Operation) to read as follows: 7. Hours of Operation. The maximum hours of operation of the Use at the Site shall be twenty-four (24) hours a day, seven (7) days a week, subject to the following limitations: a. Loading or unloading of trucks at the Site is prohibited between the hours of 9:00 PM on Fridays to 7:00 AM on Saturdays and 9:00 PM on Saturdays to 7:00 AM on Sundays. b. Forklift operations in the truck court area are prohibited between the hours of 9:00 PM to 7:00 AM, seven (7) days a week; and c. Operation and emptying of trash containers are prohibited between the hours of 9:00 PM to 7:00 AM, seven (7) days a week. b. Condition #8 (Lighting) to read as follows: 8. Lighting. Applicant shall install lighting in accordance with the Plans, to prevent unreasonable light trespass from the Site onto neighboring properties. If, after the issuance of the occupancy permit and during the first year of operation of the Use, the Building Commissioner determines there is unreasonable light trespass emanating from the Use onto any adjacent property (such as direct light from a light source which is not confined within the Site, or light overspilling onto adjacent property or into the night sky), the Applicant shall take steps to address any such light trespass, subject to administrative site plan review of changes to lighting. c. Condition #11 (Noise and Air Quality) to read as follows: 11. 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. Prior to issuance of a building permit, the Applicant shall conduct a noise study to determine baseline, current noise levels at the Site property lines. The Applicant shall conduct the same noise study when the Project reaches a seventy-five percent (75%) occupancy level, as determined by the Building Commissioner. The Applicant shall provide occupancy level status and submit a copy of completed noise testing to the Building Commissioner. If noise from the Use exceeds municipal, state, or federal law, ordinance, or other requirements, the Applicant shall take steps to reduce the noise generated by the Use in order to comply with said requirements. In addition, loading bay doors shall be closed when the bays are not in operation (active loading or unloading) to prevent noise transmitting from interior operations. d. Condition #16(b) (Open Space) to read as follows: b. Prior to the issuance of a building permit, the Applicant shall provide a payment to the City in the amount of $25,000 to be used by the City for the maintenance and stewardship of conservation land in accordance with City of Marlborough Conservation Commission guidelines (Conservation Maintenance Trust Fund, Account No. 84500005 54000). APPROVED; adopted. President Ossing declared the vote of 7 – 3. IN CITY COUNCIL 13 SEPTEMBER 8, 2025 Suspension of the Rules requested – granted. (President Ossing declared the vote of 8-2). Motion by Councilor Vital, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Gemma Cashman, on behalf of Royal 401 Elm Street, LLC, re: Request to Extend Time Limitations, on the Application for Special Permit for the purpose of operating an approximate 203,500 square foot warehousing and distribution facility to be located at 415 Elm Street as amended, until 10:00 PM on September 22, 2025, APPROVED; adopted. President Ossing declared the vote of 6 – 4. President Ossing called a recess at 8:40 PM and returned to open meeting at 8:41 PM. At this time President Ossing indicated that in the letter from the Assistant Solicitor the Proposed Zoning Amendment for the Ames Village Overlay District, only requires six (6) votes to pass and not eight (8), so the matter will be taken up again at this time. Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee, seconded by the Chair to adopt the following: ORDERED: THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING RECEIVED A PETITION TO AMEND THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED AS FOLLOWS: I. Chapter 650, Article VI, entitled “Special Districts, Overlays and Special Requirements” is hereby amended by inserting a new Section 650-39.2, entitled “Ames Village Overlay District”, which shall read as follows: § 650-39.2_ – AMES VILLAGE OVERLAY DISTRICT K. Purpose and Objectives. The Ames Village Overlay District (the “AOD”) allows the application of supplemental land use controls within the boundaries of a certain overlay district as an alternative to land use controls that exist in the underlying district. The establishment of the AOD is to enhance land use development, promote housing by allowing the construction of market-rate and affordable-rate multifamily condominiums, and to maximize open space and vegetated buffers for existing residential neighborhoods. L. Location; Underlying Zoning. (1) For the purposes of this section, the AOD is located at the northeast corner of the intersection of Ames Street and Forest Street, containing approximately 11 acres, as indicated on the City Zoning Map and more particularly depicted in Exhibit “A” attached hereto and incorporated herein by this reference. (2) Except as specifically provided herein, the provisions of the Zoning Ordinance relating to the underlying zoning districts not otherwise impacted by this section (§ 650-39.2, et seq.) shall continue to remain in full force and effect. In the event of any conflict between the provisions of this section (§ 650-39.2, et seq.) and any other provision of the Zoning Ordinance, the provisions of this section (§ 650-39.2, et seq.) shall govern and control. IN CITY COUNCIL 14 SEPTEMBER 8, 2025 M. Authority of Permit Granting Authority. (1) The City Council shall be the special permit granting authority in the AOD. (2) Site Plan Review in the AOD shall be conducted administratively in accordance with § 270-2 of the Code of the City of Marlborough. (3) The City Council may elect to vary the dimensional, parking, design, and landscaping requirements applicable to a use or structure by special permit upon finding that such change shall result in an improved design and will not nullify or substantially derogate from the intent of purpose of this Section. N. Use Regulations. (1) The following uses are permitted in the AOD: i. Uses allowed by right in the underlying zoning district, as set forth in the Table of Use Regulations, § 650- 17, are permitted by right; ii. Uses allowed by special permit in the underlying zoning district, as set forth in the Table of Use Regulations, § 650- 17, may be permitted by special permit; iii. By special permit: Multifamily dwellings, as defined in § 650- 5(B), including multiple buildings on a single lot, provided that the total number of multifamily dwelling units in the AOD shall not exceed 90. O. Affordable Housing. Notwithstanding any provisions in the Zoning Ordinance to the contrary, multifamily dwellings in the AOD shall be subject to the affordable housing standards of § 650-26. P. Dimensional Standards. (1) Notwithstanding any provisions in the Zoning Ordinance to the contrary, multifamily dwellings in the AOD shall be subject to the following dimensional standards: i. Minimum lot area: 100,000 square feet. ii. Minimum lot frontage: 100 feet. iii. Minimum front yard or setback from a public way: 20 feet. iv. Minimum side and rear yard: 50 feet. v. Maximum building height: 4 stories, exclusive of parking level. vi. Maximum lot coverage: 50%, over the entire AOD. (2) Notwithstanding anything contained herein or in the Zoning Ordinance to the contrary, there shall be a vegetated buffer with a minimum width of 50 feet and a total minimum area of 4 acres located along the exterior boundary of the AOD, excluding boundaries along public ways, for multifamily dwellings. The vegetated buffer shall remain in its natural state free from structures and impervious surfaces, but may be used for stormwater management and underground installations. To the maximum extent practical, existing mature vegetation within the vegetated buffer shall be maintained. Special permits and site plan approvals for multifamily dwellings within the AOD may require additional screening within the vegetated buffer deemed necessary to minimize the visual impacts of such development on neighboring properties. IN CITY COUNCIL 15 SEPTEMBER 8, 2025 (3) Notwithstanding anything contained herein or in the Zoning Ordinance to the contrary, there shall be no yard or setback requirements, planting strips, or vegetated buffers required as to any internal lot lines for multifamily dwellings within the AOD. Q. Environmental/Soil Regulations. All developed areas in the AOD shall be subject to any applicable municipal, state, and federal laws, rules, regulations, and ordinances as they may apply to properties with historic orchard operations, including soil management protocols. R. Landscaping Regulations. Notwithstanding any provisions in the Zoning Ordinance to the contrary, development in the AOD shall be subject to the landscaping regulations of § 650-47; provided, however, that § 650-40.F(8) and § 650-18(A)(9) shall not apply to multifamily dwellings in the AOD. S. Parking Regulations. Notwithstanding any provisions in the Zoning Ordinance to the contrary, the minimum parking requirement for multifamily dwellings in the AOD shall be one and one half (1.5) spaces per unit. T. Modifications. (1) After approval, applicants may seek modifications to any approved Special Permits or Site Plan Approvals. (2) Special Permits – Major modifications to a Special Permit may be granted by a vote of the City Council, and minor modifications to a Special Permit may be granted by the Building Commissioner. The Building Commissioner shall have jurisdiction to determine whether a requested modification to a Special Permit is major or minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment, or the neighborhood. Where the effect of a modification to a Special Permit is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten percent (10%) or greater variation from the applicable approval, provided however, that said modification would not result in a violation of any provision of this Section. If it is determined that a modification to a Special Permit is not minor, per § 650-59 of the Zoning Ordinance, an application for a revised Special Permit shall be filed, and a public hearing shall be held in the same manner as required for a new application. (3) Site Plan Approvals – Major or minor modifications to a Site Plan Approval shall be subject to the provisions of § 270-2 of the Code of the City of Marlborough. V. The Zoning Map described in § 650-8 is amended as stated herein and in Exhibit “A” annexed hereto. The newly established “Ames Village Overlay District” shall include portions of the property shown on the Assessors Map as existing at the passage of this Ordinance, which property includes the following parcels of land (herein identified by the Assessors’ Map and Parcel Number): Assessors Map 89, Parcels 80 through 88; Assessors Map 89, Parcels 90 through 99; Assessors Map 100, Parcel 15; Assessors Map 100, Parcel 24; Assessors Map 100, Parcel 25; and Assessors Map 100, Parcel 26. VI. The City Clerk is authorized to assign other numbering for the new section 650-39.2 as deemed appropriate for sequential ordering in the Zoning Ordinance. IN CITY COUNCIL 16 SEPTEMBER 8, 2025 VII. The effective date of these amendments shall be the date of their passage. First Reading, suspended; Second Reading, adopted; President Ossing declared the vote of 7 – 3. Passage to Enroll, adopted; President Ossing declared the vote of 6 – 4. Passage to Ordain; adopted. President Ossing declared the vote of 6 – 4. Councilors Navin & Oram objected to passage in one evening; item is postponed. This being the 90th day from the close of the public hearing pursuant to MGL Chapter, 4 §9, no action shall be taken on the item until after a subsequent public hearing is held with notice and report as provided in MGL Chapter 40A, §5. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Marlborough City Council meet in executive session under Purpose 6 of the Open Meeting Law, MGL c. 30A, s. 21(a)(6), to “consider the purchase, exchange, lease or value of real property”, as the chair hereby declares that discussion in an open session may have a detrimental effect on the City and the City’s negotiating position. The City Council will not re-convene in open session after the Executive Session. APPROVED. Yea: 10 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 8:45 PM; adopted.