Marlborough City Council

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: STORMWATER PROJECT BOND That the sum of $6,300,000.00 (six million, three hundred thousand dollars) be and is hereby appropriated for the design, construction and improvement of stormwater drainage and related municipal infrastructure. That to meet said appropriations, the Comptroller/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $6,300,000.00 under and pursuant to the provisions of Chapter 44, Section 7(1) and/or Section 8(14) of the Massachusetts General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City of Marlborough (the “City”) therefor; that the Comptroller/Treasurer, with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Clean Water Trust (the “Trust”) established under Chapter 29C of the Massachusetts General Laws, and in connection therewith to enter into a financing agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; that the Mayor is authorized to contract for any expended grants, aid, or gifts available for this project; and that the Mayor is authorized to take any action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the Massachusetts General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. APPROVED. Yea: 10 – Nay: 0 – Absent: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing, & Robey. Absent: Sargent..” (Motion: Irish)

Read it in the official minutes, page 17 (PDF)

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Start 6 months 1 year 2 years 3 years 4 years 5 years of service of service of service of service of service of service City Collector/Assistant $106,204.00 $108,388.00 $110,572.00 $112,756.00 $114,940.00 $117,124.00 $119,288.00 Finance Director City Collector $93,953.00 $95,825.00 $97,718.00 $99,632.00 $101,504.00 $103,396.00 $105,268.00 Recreation Director $106,204.00 $108,388.00 $110,572.00 $112,756.00 $114,940.00 $117,124.00 119,288.00 Assistant Recreation $84,968.00 $86,694.00 $88,462.00 $90,188.00 $91,956.00 $93,683.00 $95,451.00 Director II. The above positions shall be 40 hours per week. III. The effective date of this salary ordinance shall be August 1, 2026. IV. This ordinance shall supersede and replace any existing rate for said position(s) (if applicable) in the current salary schedule. V. The incumbent position holder for the position of Recreation Director shall start at step 4 on the effective date of this salary ordinance and shall advance to each subsequent step on each annual anniversary of the effective date of this salary ordinance (i.e., Step 5: one year after effective date; Step 6: two years after effective date, etc.). APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening..” (Motion: Irish)

Read it in the official minutes, page 18 (PDF)

“Motion by Councilor Robey, 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 MAP AND ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, NOW ORDAINS THAT THE ZONING MAP AND 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 650-39.4, entitled “Forest Street Residential Overlay District”, which shall read as follows: FOREST STREET RESIDENTIAL OVERLAY DISTRICT A. Purpose and objectives. The Forest Street Residential Overlay District (FSROD) allows the application of supplemental land use controls within the boundaries of a certain overlay district, subject to City Council approval, as an alternative to land use controls that exist in the underlying district. The establishment goals of the FSROD are to enhance land use development and encourage desired growth patterns for the benefit of the public health, safety, and welfare by promoting integrated, pedestrian friendly, residential and mixed-use development to allow for the development of housing, retail and workplaces within close proximity of each other consistent with the stated economic development and smart growth objectives of the City. B. Location of FSROD; development phasing. (1) For the purposes of this section (§650-39.4, et seq.), the FSROD is comprised of parcels identified on the City’s Assessors Map as Parcels: 90-8; 91-124 and 102-1 containing approximately 30.96 +/- acres as indicated on the City Zoning Map and more particularly described and shown on Exhibit A annexed hereto and incorporated by reference herein. (2) Within the FSROD, there may be one or more phases of development. An applicant may submit a site plan and/or special permit application for the entire project (the “FSRO Project”) or for one or more phases of the project (each, a “FSRO Phase”). The FSRO Project or a FSRO Phase may consist of one or more parcels of land and may include any eligible use set forth in Subsection D below, which may be commingled within a single structure or located in separate structures on one or more parcels. The FSRO Project, or alternatively each and every FSRO Phase, is required to include a residential component, specifically, multifamily dwelling as set forth in Subsection D(2)(a) below. The applicant may also include in a FSRO Project or any FSRO phase other non-residential eligible uses. Parcels within the FSROD may be combined or subdivided and held under separate ownership or leaseholds. The FSRO Project or a FSRO Phase shall be subject to site plan approval. (3) Upon the issuance of site plan and/or special permit approval for the FSRO Project or a FSRO Phase on a parcel or parcels in the FSROD, this section (§650-39.4, et seq.) shall govern said parcel as developed in accordance with the site plan approval. (4) Except as specifically provided herein, the provisions of the Zoning Ordinance relating to the underlying zoning districts not otherwise impacted by this section (§650-39.4, et seq.) shall continue to remain in full force and effect. In the event of any conflict between the provisions of this section (§650-39.4, et seq.) and any other provision of the Zoning Ordinance, the provisions of this section (§650-39.4, et seq.) shall govern and control. (5) No demolition permit shall be issued for any structure located within the FSROD unless and until a special permit or site plan approval, as applicable for a FSRO Project or FSRO Phase, has been granted by the City Council. C. Authority of permit granting authority. (1) The City Council shall be the permit granting authority for special permits and site plan approvals in the FSROD. Special permits shall require a two-thirds-vote of the City Council, except when only a simple majority vote is required pursuant to MGL c. 40A, §9; site plan approvals shall require a simple majority vote. (2) At the request of an applicant as part of an initial application or as part of a modification pursuant to Subsection H, the City Council may vary the dimensional, location and number of parking spaces, design, and landscaping requirements upon finding that such change shall result in an improved design and will not nullify or substantially derogate from the intent or purpose of this section (§650-39.4, et seq.). (3) An application for site plan approval for a FSRO Project or FSRO Phase shall comply with Chapter 270 (Building and Site Development) of the Marlborough City Code. An application for a special permit for a use in the FSROD shall comply with the requirements of §650-59 (Powers and procedures of special-permit-granting authorities) of the Zoning Ordinance. D. Eligible uses. (1) The following uses are permitted by right in the FSROD: (a) Uses allowed by right in the underlying zoning district, as set forth in the Table of Use Regulations, including but not limited to offices, banks, insurance and financial institutions, and brew pubs. (b) Accessory uses, as defined in §650-5B of the Zoning Ordinance, including but not limited to above ground and underground parking garages on the same lot as the principal use, community amenities (business center, indoor/outdoor recreational uses, fitness studio, or the like). (2) The following additional uses are permitted by special permit in the FSROD: (a) Multifamily dwellings, provided that the total number of units within the entire FSROD shall not exceed 450. (b) Restaurant, cafe with or without table service (including outside seating and service) without drive-through. (c) Restaurant, cafe with or without table service (including outside seating and service) with drive-through, provided that said facilities have no dedicated driveway with a curb cut on a public way. (d) Health, sports and fitness clubs (indoor and/or outdoor) and related facilities. (e) Retail sales and services. (f) Distilleries with attached restaurants. (g) Accessory solar energy installations, including but not limited to rooftop systems and solar parking canopies. (h) Uses allowed by special permit in the underlying zoning district. (i) Mixed-use development, consisting of a combination of residential/business uses allowed by right or by special permit, as listed in this section (§ 650-39.4, et seq.). (3) All uses not specified in Subsection D(1) and (2) above shall be deemed prohibited in the FSROD. (4) Once a FSRO Project or FSRO Phase receives site plan and/or special permit approval: (a An individual as-of-right use within the FSRO Project or FSRO Phase may be changed without further site plan approval, unless such change would otherwise require site plan approval under §270-2 (Site Plan Review and Approval) of the Marlborough City Code or a modification to a site plan approval under Subsection H(3); and (b An individual use already granted a special permit within the FSRO Project or FSRO Phase may be changed upon the grant of a new or modified special permit, as appropriate, for that changed use, and will be subject to site plan approval; provided, however, that if the change is to an as-of-right use in the FSROD, no further site plan approval is required unless such change would otherwise require site plan approval under § 270-2 (Site Plan Review and Approval) of the Marlborough City Code or a modification to a site plan approval under Subsection H(3). (c) The special permit shall lapse if a substantial use thereof has not commenced within three years except for good cause or, in the case of permit for construction, if construction has not begun within three years except for good cause. (d) The site plan approval shall lapse in accordance with the provisions of § 270- 2(E)(8) of the Marlborough City Code. (e) Subject to the provisions of Subsection C(4)(c) above, the applicant shall apply for the first building permit for vertical construction within three (3) years of the date of issuance of the special permit and/or within two (2) years of the date of issuance of the site plan approval for the FSRO Project or FSRO Phase. If within six (6) years from the date of the issuance of a special permit and/or site plan approval for the FSRO Project or FSRO Phase, which shall not include such time required to pursue or await the determination of an appeal pursuant to M.G.L. Chapter 40A, §17, the special permit and/or site plan approval has not lapsed and the applicant has not applied for all building permits necessary for the construction of the FSRO Project or FSRO Phase approved by the special permit and/or site plan approval, then further construction under the special permit and/or site plan approval is not authorized unless the applicant seeks and receives an amendment to the special permit and/or site plan approval that extends the time for performance. (5) Multifamily dwellings in the FSROD shall be subject to §650-26 (Affordable Housing) of the Zoning Ordinance. E. Dimensional requirements. (1) Notwithstanding any provisions of the Zoning Ordinance to the contrary, development in the FSROD shall be subject to the following dimensional standards: (a) Minimum lot area: None. (b) Minimum lot frontage: 50 feet. (c) Minimum front yard setback: 50 feet from a public way only. (d) Minimum side and rear yard setback: 50 feet from a public way only. (e) Maximum building height: 60 feet, exclusive of rooftop mechanicals. No limitation on stories. (f) Maximum lot coverage: 60%, over the entire FSROD on an aggregate basis and not based upon individual lots. (2) Notwithstanding anything contained in this section (§650-39.4, et seq.) to the contrary, there shall be no front, side or rear yard setback requirements as to internal lot lines within the FSROD. (3) Notwithstanding anything contained in this section (§650-39.4, et seq.) to the contrary, the limitation on height of buildings shall not apply to building mechanicals, chimneys, ventilators or other ornamental or screening features of buildings, which features are in no way used for living purposes. (4) Internal lot lines may be established pursuant to a subdivision plan filed in accordance with Massachusetts General laws Chapter 41; Section 81K et seq. Lot lines may be altered from time to time in accordance with the procedures of Section 81P of Chapter 41 of the Massachusetts General Laws for so-called “Approval Not Required Plans”, and/or applicable provisions of Section 81K-81GG of Chapter 41 of the Massachusetts General Laws for any subdivision within the FSROD. Any single lot within the FSROD may be deficient with one or more of the dimensional requirements contained herein so long as all of the lots within the FSROD taken in the aggregate comply with the standards contained herein. (5) For purposes of lots within the FSROD, Frontage may be derived from a public or private way or on a way shown on a plan previously approved under the Subdivision Control Law, as more particularly set forth in §650-40.F(1) of the Zoning Ordinance or along an access easement which shall consist of a paved way that allows vehicular access connecting to a public right of way or a way shown on a plan previously approved under the Subdivision Control Law. F. Parking requirements. Except as otherwise provided in this section (§650-39.4, et seq.), parking and circulation requirements in the FSROD shall conform to the provisions of §§ 650-48 and 650-49 of the Zoning Ordinance. (1) In the FSROD, adequate off-street parking shall be provided. The City Council and the applicant shall have as a goal, for the purposes of defining adequate off-street parking, making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. In implementing this goal, for special permit and/or site plan applications, the City Council shall consider complementary or shared use of parking areas serving activities that have different peak demand times. It is the applicant’s responsibility to demonstrate that shared spaces will meet parking demands by using accepted methodologies. (2) Parking locations. Parking may be provided at ground level, underground, or in parking garages. Parking garages may be freestanding or part of buildings dedicated to other permitted uses. Parking garages may contain accessory solar energy installation. (3) Minimum required parking spaces. (a) Residential:1.5 parking spaces per dwelling unit. (b) Commercial. 3.0 parking spaces per 1,000 square feet of space. (c) Restaurants, cafes and other eating establishments. 1.0 parking space for every 3 seats. (4) Parking space dimensions. Each parking space shall be no less than nine feet by 18 feet, except that the use of compact spaces (no smaller than eight feet by 16 feet) may be utilized throughout provided that no more than 33% of the total parking spaces within a FSRO Project or FSRO Phase shall be compact spaces. Compact spaces shall be grouped together in designated area(s) and shall not be dispersed or intermingled among standard parking spaces throughout the parking areas. G. Design standards. (1) Design criteria. An application for site plan approval under this section (§ 650-39.4, et seq.) shall adhere to the criteria specified in §270-2 (Site Plan Review and Approval) of the Marlborough City Code. (2) Roadways. To the extent feasible, internal roadways shall be constructed using the methods and materials prescribed in the Rules and Regulations for the Subdivision of Land in the City but shall not be required to conform to the subdivision standards or dimensional requirements thereof, provided that those roadways shall be adequate for the intended vehicular and pedestrian traffic. The design of ways and parking circulation should be as efficient as possible to reduce the overall development impact and area of impervious surfaces. (3) Landscaping. Landscaping in the FSROD shall conform to the provisions of §650-47 (Landscaping and screening) of the Zoning Ordinance. (4) Stormwater management system. A FSRO Project or FSRO Phase shall have a stormwater management system designed in accordance with the Rules and Regulations for the Subdivision of Land in the City, the Department of Environmental Protection's Storm Water Management Guidelines, and the City's Stormwater Ordinance, Chapter 271 (Stormwater Management) of the Marlborough City Code. (5) Signage. Except as otherwise provided in this Section (§650-39.4, et seq.), signage shall conform to the provisions of Chapter 526 (Signs) of the Marlborough City Code. H. 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 two- thirds-vote of the City Council (unless otherwise permitted by applicable law), 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 a minor modification. In general, a minor modification shall not produce 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 or greater variation from the applicable approval; provided, however, that said modification would not result in a violation of any provision of this section (§650-39.4, et seq.). If it is determined that a modification to a special permit is not minor, per § 650-59 (Powers and procedures of special-permit-granting authorities) 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 modifications to a site plan approval may be granted by a simple majority vote of the City Council, and minor modifications to a site plan approval may be granted by the Building Commissioner. The Building Commissioner shall have jurisdiction to determine whether a requested modification to a site plan approval is major or a minor modification. In general, a minor modification shall not produce 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 site plan approval 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 or greater variation from the applicable approval; provided, however, that said modification would not result in a violation of any provision of this section (§650-39.4, et seq.). If it is determined that a modification to a site plan approval is not minor, an application for a revised site plan approval shall be filed in accordance with the City Council's Rules for site plan approval. II. The City Clerk is authorized to assign other numbering for the new section 650-39.4 as deemed appropriate for sequential ordering in the Zoning Ordinance III. The effective date of these amendments shall be the date of their passage. APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening..” (Motion: Robey)

Read it in the official minutes, page 19 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL DECISION ON A SPECIAL PERMIT ORDER NO. 26-1009747C Application of: Target Corporation Locus: 423 Donald J. Lynch Boulevard Marlborough, MA 01752 Assessors Map 25, Parcel 4 DECISION ON AN AMENDMENT TO A SPECIAL PERMIT ORDER NO. 26-1009747C The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Target Corporation (the “Applicant”) to amend an existing special permit to construct and operate a retail store, shop, service establishment and restaurant with accessory uses and attendant parking, access ways and related improvements and to reconfigure landscaping, at 423 Donald J. Lynch Boulevard, as provided in this Decision and subject to the following Findings of Fact and Conditions. PROCEDURAL FINDINGS OF FACT 1. The Applicant is a duly organized and existing corporation having a business address of 1000 Nicollet Mall, TPN-1380, Minneapolis, MN 55403. 2. The Applicant is the owner of a commercial retail unit located at 423 Donald J. Lynch Boulevard, Marlborough, Massachusetts as shown on Marlborough Assessors Map 25 as Parcel 4 (the “Site”). 3. On May 6, 2002, the City Council of the City of Marlborough voted to grant a special permit authorizing New England Development, of which the Applicant is the successor in interest, to construct and operate a retail store, shop, service establishment and restaurant with accessory uses and attendant parking, access ways and related improvements and to reconfigure landscaping at the Site (the “Use”) pursuant to the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), as further described in a document recorded at the Middlesex South District Registry of Deeds in Book 35631, Page 263 (the “Original Special Permit”). 4. On April 30, 2026, the Applicant filed with the City Clerk of the City of Marlborough an application to modify Condition No. 9 of the Original Special Permit to increase the wall signage of the Use from three (3) signs to four (4) signs, under the provisions of M.G.L. c. 40A, § 9 and the Marlborough Zoning Ordinance (the “Application”). 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and a site plan for the Site entitled “T-1516 Marlborough, MA: Remodel – Exterior Design” by Sargenti dated May 10, 2025 (the “Plans”). 6. The Application was certified as complete by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, in accordance with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 7. Pursuant to the Rules and Regulations of the City Council for the City of Marlborough and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application and the City Clerk for the City of Marlborough caused notice of the same to advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 8. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, June 8, 2026. The hearing was closed on that date. 9. The Applicant, through its representatives, presented testimony at the public hearing detailing the change in the Use, describing its impact upon municipal services, the neighborhood, and traffic. 10. At the public hearing, no members of the public spoke about the Use or submitted written comments about the Use. 11. The Procedural Findings of Fact specified above supplement those made in the Original Special Permit, which are expressly incorporated in this Decision by reference. 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 for the issuance of a Special Permit. B. The City Council finds that the Use of the Site with an increase in wall signage from three (3) signs to four (4) signs is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance of the City of Marlborough when subject to the appropriate terms and conditions as provided in this Decision and in the Original Special Permit. The City Council makes these findings subject to the completion and adherence by the Applicant, its successors and/or assigns to the conditions more fully set forth in this Decision and in the Original Special Permit. 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 an amendment to modify Condition No. 9 of the Original Special Permit, as follows: 1. By amending Condition No. 9, Subsection A, to read as follows: 9(A). Wall Signage – Two signs located over store entrances, one pharmacy sign, and one sign to read “drive-up”, all to be located as depicted on the Plans. All other conditions of the Original Special Permit shall continue in full force and effect, and are incorporated by reference as part of this Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, § 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex County 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 – Absent: 1 Yea: Vital, Doucette, Gould, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Nay: Preciado. Absent: Sargent..” (Motion: Robey)

Read it in the official minutes, page 25 (PDF)

“Motion by Councilor Vital, seconded by the Chair to adopt the following: RESOLUTION IN SUPPORT OF A NICOTINE-FREE GENERATION POLICY WHEREAS, the City of Marlborough recognizes that nicotine addiction remains one of the leading preventable causes of illness, disease, and premature death in the United States; and WHEREAS, the use of cigarettes, cigars, smokeless tobacco, vaping products, nicotine pouches, and other nicotine delivery systems has contributed to increased rates of cancer, heart disease, respiratory illness, substance dependency, and youth addiction; and WHEREAS, the City acknowledges the growing public health concerns associated with youth vaping and nicotine use, particularly among adolescents and young adults; and WHEREAS, nicotine products are intentionally designed to create dependency and addiction, often beginning before adulthood; and WHEREAS, communities across the nation are exploring innovative public health strategies to prevent future generations from becoming addicted to nicotine products; and WHEREAS, the City of Marlborough desires to promote healthier lifestyles, reduce long-term healthcare costs, improve public wellness, and protect future generations from nicotine addiction; NOW, THEREFORE, BE IT RESOLVED that the City Council of Marlborough supports the creation of a phased “Nicotine-Free Generation” policy designed to gradually eliminate the legal sale of nicotine and tobacco products to future generations of residents. BE IT FURTHER RESOLVED: 1. That any individual born on or after January 1, 2010, shall permanently be prohibited from purchasing nicotine or tobacco products within the City of Marlborough once enabling ordinances and regulations are adopted. 2. That this policy shall apply to all nicotine-containing products, including but not limited to: o Cigarettes o Cigars o Vape products and electronic nicotine delivery systems o Smokeless tobacco o Nicotine pouches and synthetic nicotine products 3. That the City shall implement the policy gradually in order to: o Educate residents and retailers o Provide smoking cessation resources o Reduce youth nicotine addiction o Support public health initiatives 4. That the City encourages partnerships with local schools, healthcare providers, addiction recovery organizations, and community groups to educate residents about the dangers of nicotine addiction and to promote prevention and recovery services. 5. That the City supports the expansion of smoking cessation programs, counseling services, and recovery support opportunities for residents seeking to overcome nicotine addiction. 6. That the City Clerk shall forward copies of this Resolution to the Massachusetts Department of Public Health, local legislative representatives, the Marlborough Board of Health, and other appropriate agencies for review and consideration. BE IT FURTHER RESOLVED That this Resolution represents the City’s commitment to safeguarding the health and wellbeing of future generations and creating a healthier future for the youth of Marlborough. DENIED; adopted. President Ossing declared the vote of 4 in favor – 6 opposed..” (Motion: Vital)

Read it in the official minutes, page 10 (PDF)

“Motion by Councilor Robey, 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. By amending Chapter 650 (Zoning), Section 650-33(E)(1)(e)[2] to read as follows (new text shown as underlined, deleted text shown as strikethrough): (e) Multifamily dwelling: [1] Subdistrict 1: up to 350 dwelling units, including, without limitation, age- restricted dwelling units. [2] Subdistrict 2: up to 100 400 dwelling units, including, without limitation, age- restricted dwelling units. Notwithstanding anything to the contrary in the Zoning Ordinance or the RWMUOD, multifamily dwellings in Subdistrict 2 shall be subject to § 650-26 of the Zoning Ordinance. Compliance shall be made a condition of any site plan approval that is required. II. The effective date of these amendments shall be the date of their passage. APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening..” (Motion: Robey)

Read it in the official minutes, page 14 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council for the City of Marlborough hereby accepts from 57 Main Street Owner LLC, a Massachusetts limited liability company, having an address of c/o The Procopio Companies, 35 Village Road, Suite 702, Middleton, Massachusetts (the “Grantor”), a permanent right-of-way and sidewalk easement on a certain portion of the Grantor’s land located at 57 Main Street, Marlborough, Massachusetts, in substantially the form attached hereto in the Grant of Easement. DESCRIPTION The “Easement Area” is shown as “R.O.W. EASEMENT” on a plan entitled “Easement Plan of Land at 57 Main Street Marlborough, MA,” dated October 15, 2024, with a last revision date of April 17, 2025, prepared by Bruce Saluk & Associates, Inc. APPROVED; adopted. President Ossing declared the vote of 8 – 0 – 1. Councilor Preciado Recused..” (Motion: Robey)

Read it in the official minutes, page 4 (PDF)

“Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Gerald Dumais, d/b/a Dumais & Sons Secondhand Store, 65 Mechanic Street, APPROVED; adopted. President Ossing declared the vote of 7 – 1 – 1..” (Motion: Fuccillo)

Read it in the official minutes, page 4 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON A SPECIAL PERMIT ORDER NO. 26-1009664D Special Permit Application of: Marlborough/Northborough Land Realty Trust (c/o the Gutierrez Company) 200 Summit Drive, Suite 400 Burlington, MA 01803 Locus: Corner of Ames and Forest Streets Marlborough, MA Assessors Map 89, Parcels 80-88, 90-99 Assessors Map 100, Parcels 15, 24, 25, 26 DECISION ON A SPECIAL PERMIT ORDER NO. 26-1009664D The City Council of the City of Marlborough hereby DENIES the Application for a Special Permit to Marlborough/Northborough Land Realty Trust (c/o the Gutierrez Company) (the “Applicant”) to build and operate a two-building multifamily dwelling project, with a total of up to 90 residential units along Ames and Forest Streets, as provided in this Decision. FINDINGS OF FACT 1. The Applicant, Marlborough/Northborough Land Realty Trust (c/o the Gutierrez Company), is a Massachusetts land trust u/d/t dated October 12, 2000, recorded in the Middlesex South District Registry of Deeds in Book 31932, Page 433, with a mailing address of 200 Summit Drive, Suite 400, Burlington, MA 01803. 2. The Applicant is the owner of the property located along Ames and Forest Streets in Marlborough, Massachusetts, being shown as Parcels 80-88 and 90-99 on Assessors Map 89, and Parcels 15, 24, 25, and 26 on Assessors Map 100 (the “Site”). 3. In accordance with City Council Order No. 25-1009553, creating a new section of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”) entitled “Ames Village Overlay District” (“AVOD Ordinance”), the Applicant proposes to build and operate at the Site a multifamily dwelling project with a total of up to 90 residential units, consisting of two new buildings, on-site parking, open space areas, and residential amenities (the “Use”). Each building, or one or more of the buildings together, may be organized as its own condominium and constructed in phases at different times. 4. The Site is located in the A-3 Residential Zoning District and the Ames Village Overlay District. 5. The Site has an area of 11 acres +/- as shown on the Plans referenced in paragraph 7 below. 6. The Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough an Application for a Special Permit (“Application”) for the Use. 7. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and a detailed site plan entitled “Ames Village” by SMMA dated January 7, 2026 (the “Plans”) 8. 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. 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 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, March 9, 2026. The hearing was closed on that date. 11. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 12. At the public hearing, three members of the public spoke in favor of the Use and no members of the public spoke in opposition to the Use. 13. Councilor Heather Gould was absent from the single session of the public hearing on the Application. Prior to the vote on this decision, Councilor Gould filed a written certification as to examination of all the evidence and testimony received at the hearing session, in accordance with Massachusetts General Laws Chapter 39, Section 23D. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. On April 27, 2026, on a motion to grant the special permit with conditions, the City Council voted seven (7) in favor, two (2) opposed, with two (2) absent. Accordingly, the motion failed to carry, and the special permit is DENIED. The basis for the denial are the following reasons and findings: 1. The Use will exacerbate existing traffic conditions in the area. The Applicant did not submit any traffic data and/or analysis demonstrating that the Use will not exacerbate existing traffic conditions, and therefore additional traffic data is necessary to address and evaluate these concerns and impacts. 2. Adding a significant number of residential units adversely impacts public health and public safety for the reasons provided above, and because the Use creates undue congestion of residences in the area of Ames/Forest Streets, an area with a significant number of multi-family residential uses already existing or permitted. These impacts will negatively impact and place a strain on municipal services, including on emergency responses and public schools in the area. To the extent that the Applicant proposes to mitigate such impacts, certain conditions even if implemented would not mitigate impacts in a manner that protects the public. 3. Pursuant to Ord. 650-57(C)(12), no special permit shall be issued, except upon a general finding that the use sought, and its impact and characteristics shall not be in conflict with public health, safety, convenience and welfare and shall not be detrimental or offensive, provided the conditions, safeguards or limitations imposed, if any, are met. By its vote, the City Council did not make this finding for the reasons discussed in this Decision. Each of the above stated reasons, individually, provides sufficient grounds for the denial of the special permit, and collectively, provides sufficient grounds for such denial. B. Incorporation of Submissions. All minutes, reports, documents, recordings, and submittals before, or made by, the City Council and/or the City Council’s Urban Affairs Committee, are incorporated into this decision. Yea: 7 – Nay: 2 – Absent: 2 Yea: Vital, Doucette, Gould, Irish, Fuccillo, Ossing & Robey. Nay: Preciado & Navin. Absent: Oram & Sargent..” (Motion: Robey)

Read it in the official minutes, page 9 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for a Canopy Flat Wall Sign, 57 Main Street, within the Downtown Business District, APPROVED as submitted per the plans attached with no internal illumination allowed; adopted. Councilor Preciado Recused. President Ossing declared the vote of 9 – 0..” (Motion: Robey)

Read it in the official minutes, page 10 (PDF)