February 25, 2019

“ORDERED: WHEREAS, in the opinion of the City Council of the City of Marlborough, the common convenience and necessity require: that ALLIS ROAD be accepted as a public way from Framingham Road at Station 0+00 and intersecting Bemis Road (Station 0+00) at Station 1+71.75, and that BEMIS ROAD be accepted as a public way from Allis Road (Station 1+71.75) at Station 0+00 and terminating at Station 1+57.88 to the south and Station 1+81.31 to the north, and that their appurtenant easements be accepted as municipal easements, as shown on plans thereof and as hereinafter described: DESCRIPTION Plan entitled, “Plan of Acceptance of Allis, Bemis Road and Municipal Easements, Marlborough, Massachusetts,” Prepared for: The City of Marlborough; Prepared By: Bruce Saluk & Associates, Inc., Civil Engineering & Land Surveying, 576 Boston Post Road East, Marlborough, MA 01752; Dated: June 1, 2018, last revised December 12, 2018; Scale: 1″=120′ (Sheet 1 of 2), 1″=60′ (Sheet 2 of 2), which plan is to be recorded herewith. Title to the roadways shown as ALLIS ROAD and BEMIS ROAD on said plan, and title to all the municipal easements shown on said plan as: Drain Easements: • Drainage Easement #1, over Parcel “A”, containing 920 square feet • Drainage Easement #2, over Lot #9 (1 Bemis Road), containing 730 square feet • Drainage Easement #3, over 87 Framingham Road, containing 81 square feet • Drainage Easement #7, over 87 Framingham Road, containing 328 square feet • Drainage Easement #8, over Lot #9 (1 Bemis Road), containing 4,407 square feet • Drainage Easement #9, over Lot #4 (4 Allis Road), containing 822 square feet Flowage Easements • Flowage Easement #4, over 79 Framingham Road, containing 5,059 square feet • Flowage Easement #5, over 87 Framingham Road, containing 2,882 square feet • Flowage Easement #6, over Lot #9 (1 Bemis Road), containing 2,751 square feet Sewer Easements: • Sewer Easement #10, over Lot #8 (7 Bemis Road), containing 1,953 square feet • Sewer Easement #11, over Lot #9 (1 Bemis Road), containing 467 square feet Landscape Easements: • Landscape Easement, over Lot #4, containing 3,035 square feet • Landscape Easement, over Lot #5, containing 2,829 square feet • Landscape Easement, over Lot #6, containing 1,130 square feet • Landscape Easement, over Lot #7, containing 1,427 square feet • Landscape Easement, over Lot #8, containing 1,450 square feet • Landscape Easement, over Lot #9, containing 1,255 square feet has been granted to the City of Marlborough in a quitclaim deed from Melanson Development Group, Inc., a Massachusetts corporation with a principal place of business at 5 Robertson Way, Woburn, Massachusetts, said deed to be recorded herewith at the Middlesex County (South District) Registry of Deeds. IT IS THEREFORE ORDERED THAT: ALLIS ROAD and BEMIS ROAD be accepted as public ways, and their appurtenant easements be accepted as municipal easements, in the City of Marlborough. APPROVED; adopted. Yea: 11 – Nay: 0 Yea: Delano, Doucette, Dumais, Tunnera, Irish, Clancy, Landers, Juaire, Oram, Ossing & Robey..”

Read it in the official minutes, page 6 (PDF)

“ORDERED: That the City Council of the City of Marlborough hereby APPROVES the following; adopted. 1) By a super majority (2/3) vote pursuant to Chapter 650-33.C(1)(c) of the City’s Zoning Ordinance, the City Council hereby approves the Master Concept Plan presented by Atlantic-Marlboro Realty LLC on a plan entitled, “Marlborough Hills, Concept Master Plan,” dated January 23, 2019;” and 2) By a super majority (2/3) vote pursuant to Chapter 650-33.C(2) of the City’s Zoning Ordinance, the City Council hereby approves the First Amendment to Development Agreement by and between Atlantic-Marlboro Realty LLC and the City of Marlborough, as consented to by Avalon Marlborough, LLC. Yea: 11 – Nay: 0 Yea: Delano, Doucette, Dumais, Tunnera, Irish, Clancy, Landers, Juaire, Oram, Ossing & Robey..”

Read it in the official minutes, page 8 (PDF)

“ORDERED: DECISION ON A SPECIAL PERMIT AVALONBAY COMMUNITIES, INC. 0 Simarano Drive, Marlborough, MA CITY OF MARLBOROUGH CITY COUNCIL ORDER NO. 18/19-1007314F The City Council of the City of Marlborough (the “City Council”) hereby GRANTS the Application for Special Permit of Applicant, as provided in this Special Permit Decision (the “Special Permit”) and SUBJECT TO THE FOLLOWING FINDINGS OF FACT AND CONDITIONS: EVIDENCE 1. On May 21, 2018, AvalonBay Communities, Inc., a duly organized and existing Maryland corporation with a principal place of business of 600 Atlantic Avenue, 20th Floor, Boston, Massachusetts 02110 (the “Applicant”), filed with the City Clerk of the City of Marlborough, an Application for Special Permit (the “Application”) seeking authorization to construct: (i) 123 multifamily dwelling units; and (ii) parking and improvements associated therewith (collectively, the “Project”). 2. The Project is proposed on a property located on the corner of Simarano Drive and Forest Street in Marlborough, MA, more particularly identified on the City of Marlborough Assessor’s Maps as Parcel 1 on Map 100, and furthermore particularly shown as Lot 1D-4 on that certain plan entitled, “Plan of Land in Marlborough, Massachusetts (Middlesex County),” Scale: 1″= 100′, dated February 7, 2019, prepared by BSC Group, Inc. (the “Site”). Said Plan of Land is being submitted to the Marlborough Planning Board at its February 25, 2019 meeting; is subject to revision by the Marlborough DPW Engineering Division prior to any vote of endorsement by the Board; and, as may be so revised, is anticipated to be voted upon by the Board for endorsement purposes at its March 11, 2019 meeting. If and when said Plan of Land is so revised and endorsed, this Special Permit shall adopt said Plan of Land, with its latest date of revision, as identifying the Site for purposes of this Special Permit. 3. The Site is owned by Atlantic-Marlboro Realty LLC, a duly organized Delaware limited liability company (the “Owner”). The Owner has consented to the Applicant filing the Application. 4. The Site is located within the Results Way Mixed Use Overlay District (the “RWMUOD”), subject to § 650-33 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), which allows multifamily dwelling use up to 350 units as-of-right and in excess of 350 units pursuant to a Special Permit issued by the City Council. 5. In accordance with Zoning Ordinance § 650-33.C(1), on May 6, 2013 the City Council approved a Master Concept Plan setting forth the general development plan governing development in the RWMUOD, which Master Concept Plan is proposed by the Owner to be amended by a vote of the City Council scheduled for its February 25, 2019 regular meeting, and to be replaced with that certain plan entitled, “Marlborough Hills, Concept Master Plan,” dated January 23, 2019 (as so amended, the “Amended Master Concept Plan”). 6. In accordance with Zoning Ordinance § 650-33.C(2), on May 7, 2013 the City Council and the Owner entered into a Development Agreement setting forth restrictions, proposed phasing, and all required mitigation for development within the RWMUOD, including a one-time per-unit financial contribution associated with residential development within the RWMUOD (the “Residential Development Contribution”), which Development Agreement is proposed by the Owner to be amended by a vote of the City Council scheduled for its February 25, 2019 regular meeting (as so amended, the “First Amendment to Development Agreement”). 7. Pursuant to Site Plan Permit #SC-2013-0012 dated September 23, 2013, an affiliate of the Applicant constructed 350 multifamily dwelling units on adjacent property also located within the RWMUOD. 8. As a result, pursuant to Zoning Ordinance § 650-33.E(2)(a), the Project requires a Special Permit from the City Council because it involve the construction of a total number of multifamily dwelling units within the RWMUOD in excess of 350 units. 9. On May 21, 2018, the Building Commissioner, acting on behalf of the City Planner, provided to the City Council a Certificate of Completeness of Application as required by Paragraph 7 of the Rules and Regulations of Application/Petition for Special Permit set forth in Zoning Ordinance § 650-59. 10. The City Council held a public hearing on August 27, 2018, in compliance with the requirements of the Code of the City of Marlborough and by the provisions of M.G.L. Chapter 40A, as amended, and all necessary abutters were provided notice as required by law, as certified by the Office of the Board of Assessors of Marlborough. Following testimony by the Applicant and members of the public, the City Council closed the public hearing and the matter was referred to the Urban Affairs & Housing Committee. By agreement of the parties, the time for the Council to take final action on the Application has been extended to April 9, 2019. 11. The Urban Affairs Committee held open meetings on the matter on January 22, 2019 and February 4, 2019, following which the Urban Affairs Committee voted to recommend that the City Council approve the Application, as amended. 12. At each of the August 27, 2018 City Council public hearing and the January 22, 2019 and February 4, 2019, Urban Affairs Committee open meetings, the Applicant presented oral testimony and demonstrative evidence representing that the Project meets all applicable Special Permit criteria provided by M.G.L. Chapter 40A, as amended, and the Code of the City of Marlborough including, without limitation, Zoning Ordinance § 650-18(A)(4) and § 650-59, and that the use sought and its impact and characteristics are not in conflict with public health, safety, convenience and welfare and not detrimental nor offensive so long as the conditions, safeguards or limitations imposed herein are complied with. 13. Together with the Application, the Applicant submitted a plan set, including site plans and architectural plans, entitled, “Avalon Marlborough II, 200 Forest St. (Map 100, Parcel 1), Marlborough, MA - Application for Special Permit & Site Plan Approval,” consisting of 39 sheets: T0.01-T0.03; ALTA/NSPS Land Title Survey - Lot 1D-3 (1 of 1); Civil Drawings: C1-C5, C6A-C6B, C7-C12; Landscape Drawings: L1.0, L2.0, L4.1, L5.2, L6.2, L7.1, L9.1, L10.0, L10.1, L11.0, L11.1, L11.2; D1.0, D5.0-D6.0; Architectural Drawings: A1.01-A1.07,” prepared by H.W. Moore Associates, Inc. (Civil Engineer) and The Architectural Team, Inc. (Architect), dated May 17, 2018, last revised January 30, 2019 (the “Plans”). 14. The Applicant has complied with all the Rules and Regulations promulgated by the City Council as they pertain to the Application. 15. The Plans are attached hereto as “Attachment A.” BASED ON THE ABOVE EVIDENCE, THE MARLBOROUGH CITY COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND TAKES THE FOLLOWING ACTIONS: FINDINGS OF FACT A. The Applicant has complied with all the Rules and Regulations promulgated by the City Council as they pertain to the Application for a Special Permit to construct the Project on the Site. B. All necessary fees for the proposed Special Permit have been paid. C. The Application was properly completed and filed by Applicant, and all necessary abutters were provided notice as required by law, as certified by the Assessor’s Office of Marlborough prior to Application submission. D. The Plans accompanying the Application were completed in accordance with the all applicable Rules and Regulations. E. The Summary Impact Statement filed with the Application is sufficient for the Application and no further studies or requirements, other than the Traffic Impact Evaluation dated April 11, 2018 and conducted by VHB for the Applicant, are necessary. F. The City Department reports, as required by the Code of the City of Marlborough, have been received and incorporated as deemed appropriate by the City Council into this Special Permit. G. The uses sought by Applicant, and their impacts and characteristics, are not in conflict with the public health, safety, convenience and welfare and are not detrimental or offensive to the neighborhood, so long as the conditions, safeguards or limitations imposed herein are complied with; and further, the construction of the Project on the Site is appropriate for the Site and is in harmony with, and does not derogate from, the intent and purpose of M.G.L. Chapter 40A and/or the Zoning Ordinance for the City of Marlborough. H. The Project is consistent with the Amended Master Concept Plan and the First Amendment to Development Agreement. GRANT OF SPECIAL PERMIT WITH CONDITIONS The City Council, pursuant to its authority under M.G.L. Chapter 40A and the Code of the City of Marlborough, therefore GRANTS to the Applicant a Special Permit to construct the Project on the Site, SUBJECT TO THE FOLLOWING CONDITIONS, which shall pertain to Applicant, its parent company(ies), subsidiaries, successors and assigns: CONDITIONS 1. The City Council conditions its approval of the Special Permit on its site plan review of the Project, as delegated in part to the Site Plan Review Committee for administrative site plan review as provided under Chapter 270 of the City Code entitled, “Building and Site Development.” Conditions imposed by administrative site plan review, as approved by the City Council pursuant to Zoning Ordinance § 650-33.B(1), shall be conditions of this Special Permit, and any violations of those conditions shall be violations of this Special Permit. The Plans may be subject to further modification by the City Council to the extent allowed by the Code of the City of Marlborough; and insofar as so modified, would be subject to further administrative site plan review. Other conditions and limitations which are not inconsistent with any term or condition attached to this Special Permit may be imposed at the time of the final site plan approval by the City Council, and any violations of those conditions and limitations shall be violations of this Special Permit. 2. All plans, floor plans, photos, renderings, site evaluations, studies, reports, 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 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. 3. All work performed at the Site under the Special Permit shall be in compliance with this Special Permit. No other building or construction under the Special Permit shall occur or happen without a change or modification of the Special Permit as approved by the City Council, except if the Building Commissioner deems a change to the Plans to be minor in nature as per General Provision 1 in the Site Plan Review Committee’s recommended conditions. 4. Construction of the Project shall be in accordance with all applicable building codes currently in effect in the City of Marlborough. The Applicant shall comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of the Project. 5. The Applicant shall satisfy all applicable conditions or mitigation requirements set forth in the First Amendment to Development Agreement, including the payment of the Residential Development Contribution associated with the additional 123 units included in the Project. In accordance with Zoning Ordinance § 650-33.C(2) and as contemplated by the First Amendment to Development Agreement, these payments shall be the only mitigation payments required for the construction, use or occupancy of the Project; provided, however, that for purposes of this Condition 5, the $25,000 payment recited in Condition 22 of the Site Plan Review Committee’s recommended conditions shall not be considered as a mitigation payment nor as any part of the Residential Development Contribution, but shall be considered as separate and distinct therefrom. 6. The architectural design of the Project shall be reasonably consistent with the architectural plans, floor plans and renderings submitted by Applicant to the City Council and the Urban Affairs Committee. 7. The exterior features of the Project, including landscaping, shall be maintained in good condition and shall be reasonably consistent with the plans submitted and representations made to the City Council. 8. In accordance with the provisions of M.G.L. c. 40A, § 11, the Applicant at its expense shall record this Special Permit in the Middlesex South District 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 shall apply to the Building Commissioner for a building permit concerning the Project. The Applicant shall provide a copy of the recorded Special Permit to the City Council’s office, the Building Commissioner’s office, and the City Solicitor’s office. Yea: 11 – Nay: 0 Yea: Delano, Doucette, Dumais, Tunnera, Irish, Clancy, Landers, Juaire, Oram, Ossing & Robey..”

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