MassVoter.com← Marlborough City CouncilMarlborough City Council · 2018–2019 Council · Regular meeting
April 29, 2019
48 recorded votes, 46 with disagreement.
Sources: Official minutes (PDF) · City meeting page
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Present: Peter J. Juaire, Mark A. Oram, Michael H. Ossing, Kathleen D. Robey, David Doucette, Christian Dumais, Robert J. Tunnera, John J. Irish, Edward J. Clancy, Donald R. Landers
Absent: Joseph F. Delano
During the meeting:
- Christian Dumais recused from the vote on: Refer to the Public Services Committee: Application for Renewal of Junk Dealer/Second Hand Dealer License.
Every vote, in order
Accept and file: Minutes of the City Council meeting, APRIL 8, 2019
ORDERED: That the Minutes of the City Council meeting, APRIL 8, 2019 FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Minutes of the City Council meeting, APRIL 8, 2019 FILE; adopted..”
Close the public hearing: On the Petition from Massachusetts Electric, to install a new pole 47-84 to use as a stub pole for poles 47 and 47-5 on...
ORDERED: That the PUBLIC HEARING On the Petition from Massachusetts Electric, to install a new pole 47-84 to use as a stub pole for poles 47 and 47-5 on Bolton Street, Order No. 19-1007629, all were heard who wish to be heard, hearing closed at 8:02 PM; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the PUBLIC HEARING On the Petition from Massachusetts Electric, to install a new pole 47-84 to use as a stub pole for poles 47 and 47-5 on Bolton Street, Order No. 19-1007629, all were heard who wish to be heard, hearing closed at 8:02 PM; adopted..”
Close the public hearing: On the Petition from Comcast, to install new underground 3” PVC conduit for approximately 1055 feet and (3) 2’x3’ vaults...
ORDERED: That the PUBLIC HEARING On the Petition from Comcast, to install new underground 3” PVC conduit for approximately 1055 feet and (3) 2’x3’ vaults starting at 46 Lizotte Drive to provide service to 130 Lizotte Drive, Order No. 19- 1007611, all were heard who wish to be heard, hearing closed at 8:03 PM; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the PUBLIC HEARING On the Petition from Comcast, to install new underground 3” PVC conduit for approximately 1055 feet and (3) 2’x3’ vaults starting at 46 Lizotte Drive to provide service to 130 Lizotte Drive, Order No. 19- 1007611, all were heard who wish to be heard, hearing closed at 8:03 PM; adopted..”
Close the public hearing: On the Application for Special Permit from Thomas Coder, to demolish the existing single story home and construct a new...
ORDERED: That the PUBLIC HEARING On the Application for Special Permit from Thomas Coder, to demolish the existing single story home and construct a new two story home at 21 Patten Drive, Order No. 19-1007612, all were heard who wish to be heard, hearing closed at 8:06 PM; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the PUBLIC HEARING On the Application for Special Permit from Thomas Coder, to demolish the existing single story home and construct a new two story home at 21 Patten Drive, Order No. 19-1007612, all were heard who wish to be heard, hearing closed at 8:06 PM; adopted..”
Close the public hearing: On the Proposed Zoning Map Amendment from Councilor Clancy on behalf of the Mayor re: Proposed Rezoning of land off...
ORDERED: That the PUBLIC HEARING On the Proposed Zoning Map Amendment from Councilor Clancy on behalf of the Mayor re: Proposed Rezoning of land off Williams Street, identified as Map 113, Parcels 5 & 6, Order No. 19-1007587, all were heard who wish to be heard, hearing closed at 8:14 PM; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the PUBLIC HEARING On the Proposed Zoning Map Amendment from Councilor Clancy on behalf of the Mayor re: Proposed Rezoning of land off Williams Street, identified as Map 113, Parcels 5 & 6, Order No. 19-1007587, all were heard who wish to be heard, hearing closed at 8:14 PM; adopted..”
Refer to the Finance Committee: Transfer Request for the Department of Public Works in the amount of $397,000.00 which moves funds from and to...
ORDERED: That the Transfer Request for the Department of Public Works in the amount of $397,000.00 which moves funds from and to various accounts within Public Works to fund ongoing projects, step increases and overtime, refer to FINANCE COMMITTEE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Transfer Request for the Department of Public Works in the amount of $397,000.00 which moves funds from and to various accounts within Public Works to fund ongoing projects, step increases and overtime, refer to FINANCE COMMITTEE; adopted..”
Refer to the Finance Committee: Transfer Request for the Police Department in the amount of $88,500.00 which moves funds from Reserved for...
ORDERED: That the Transfer Request for the Police Department in the amount of $88,500.00 which moves funds from Reserved for Salaries to various accounts within the Police Department to fund the recently ratified 3-year contract with the Police Patrol Officers Association (MPPOA) through FY2021, refer to FINANCE COMMITTEE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Transfer Request for the Police Department in the amount of $88,500.00 which moves funds from Reserved for Salaries to various accounts within the Police Department to fund the recently ratified 3-year contract with the Police Patrol Officers Association (MPPOA) through FY2021, refer to FINANCE COMMITTEE; adopted..”
Refer to the Finance Committee: Transfer Request for the Police Department in the amount of $59,300.00 which moves funds from Reserved for...
ORDERED: That the Transfer Request for the Police Department in the amount of $59,300.00 which moves funds from Reserved for Salaries to various accounts within the Police Department to fund the recently ratified 3-year contract with the Police Command Officers Association (MPCOA) through FY2021, refer to FINANCE COMMITTEE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Transfer Request for the Police Department in the amount of $59,300.00 which moves funds from Reserved for Salaries to various accounts within the Police Department to fund the recently ratified 3-year contract with the Police Command Officers Association (MPCOA) through FY2021, refer to FINANCE COMMITTEE; adopted..”
Approve: Transfer Request for the Police Department in the amount of $11,000.00 which moves funds from 2018 Multi-Purpose to City Hall Equipment...
ORDERED: That the Transfer Request for the Police Department in the amount of $11,000.00 which moves funds from 2018 Multi-Purpose to City Hall Equipment to purchase a new K-9 Unit vehicle, APPROVED; adopted.
The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Transfer Request for the Police Department in the amount of $11,000.00 which moves funds from 2018 Multi-Purpose to City Hall Equipment to purchase a new K-9 Unit vehicle, APPROVED; adopted..”
Refer to the Finance Committee: Transfer Request for the Department of Public Works in the amount of $27,250.00 which moves funds from Reserved...
ORDERED: That the Transfer Request for the Department of Public Works in the amount of $27,250.00 which moves funds from Reserved for Salaries to DPW Sick Leave Buy Back to fund the retirement benefit of a recently retired member of DPW, refer to FINANCE COMMITTEE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Transfer Request for the Department of Public Works in the amount of $27,250.00 which moves funds from Reserved for Salaries to DPW Sick Leave Buy Back to fund the retirement benefit of a recently retired member of DPW, refer to FINANCE COMMITTEE; adopted..”
Suspend the rules
Suspension of the Rules requested – granted
The minutes record the result only (“granted”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Suspension of the Rules requested – granted.”
Accept and file: Follow up communication from the Mayor, re: Order Transferring Care, Custody, Management and Control of a portion of the Wilson...
ORDERED: That the follow up communication from the Mayor, re: Order Transferring Care, Custody, Management and Control of a portion of the Wilson Street Cemetery land for the purpose of obtaining a perpetual historic preservation restriction, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the follow up communication from the Mayor, re: Order Transferring Care, Custody, Management and Control of a portion of the Wilson Street Cemetery land for the purpose of obtaining a perpetual historic preservation restriction, FILE; adopted..”
Suspend the rules
Suspension of the Rules requested – granted
The minutes record the result only (“granted”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Suspension of the Rules requested – granted.”
Approve: City Council by a two-thirds vote of all its members pursuant to MGL c. 40, §15A, the City Council having received notice from the...
ORDERED: That the City Council by a two-thirds vote of all its members pursuant to MGL c. 40, §15A, the City Council having received notice from the Commissioner of the Department of Public Works that the DPW, having charge of the Wilson Street Cemetery located on land bordering Wilson Street and identified on Marlborough Assessors Map 60 as Parcel 35 (the “Land), has determined that it wishes to transfer the care, custody, management and control of the Land from the DPW for the purpose of a cemetery, to the City Council for the purpose of a cemetery and for the additional purpose of conveying to the Commonwealth of Massachusetts, acting by and through the Massachusetts Historical Commission (“MHC”), a perpetual historic preservation restriction encumbering the Land, does hereby transfer the Land to the City Council for such purposes. Further, by a simple majority vote subsumed by the two-thirds vote above, a separate vote being unnecessary, the City Council hereby: a) Declares, pursuant to MGL c. 30B, §16(a), that the Land is available for disposition by conveyance of the said historic preservation restriction to MHC; b) Determines, pursuant to MGL c. 30B, §16(e)(2), that advertising for the proposed conveyance of the said historic preservation restriction to MHC will not benefit the City’s interest because of the unique qualities and location of the Land, namely, that the Land has been used as a cemetery since at least 1844, will continue to be used for that purpose in...
From the minutes
“ORDERED: That the City Council by a two-thirds vote of all its members pursuant to MGL c. 40, §15A, the City Council having received notice from the Commissioner of the Department of Public Works that the DPW, having charge of the Wilson Street Cemetery located on land bordering Wilson Street and identified on Marlborough Assessors Map 60 as Parcel 35 (the “Land), has determined that it wishes to transfer the care, custody, management and control of the Land from the DPW for the purpose of a cemetery, to the City Council for the purpose of a cemetery and for the additional purpose of conveying to the Commonwealth of Massachusetts, acting by and through the Massachusetts Historical Commission (“MHC”), a perpetual historic preservation restriction encumbering the Land, does hereby transfer the Land to the City Council for such purposes. Further, by a simple majority vote subsumed by the two-thirds vote above, a separate vote being unnecessary, the City Council hereby: a) Declares, pursuant to MGL c. 30B, §16(a), that the Land is available for disposition by conveyance of the said historic preservation restriction to MHC; b) Determines, pursuant to MGL c. 30B, §16(e)(2), that advertising for the proposed conveyance of the said historic preservation restriction to MHC will not benefit the City’s interest because of the unique qualities and location of the Land, namely, that the Land has been used as a cemetery since at least 1844, will continue to be used for that purpose in perpetuity, and is in need of MHC grant monies that would be used to repair and restore a tomb and other grave markers, as well as to procure and install a wrought iron fence along the Land’s perimeter with the abutting Evergreen Cemetery; and c) Authorizes the Mayor, pursuant to MGL c. 40, §3, to convey to the Commonwealth of Massachusetts, acting by and through the Massachusetts Historical Commission, a perpetual historic preservation restriction encumbering the Land, on such terms and conditions in the City’s best interest as the Mayor deems appropriate. APPROVED; adopted. Yea: 10 – Nay: 0 – Absent: 1 Yea: Doucette, Dumais, Tunnera, Irish, Clancy, Landers, Juaire, Oram, Ossing & Robey. Absent: Delano.”
Approve: Grant Acceptance in the amount of $1,163.00 from the Massachusetts Board of Library Commissioners awarded to the Public Library to be...
ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $1,163.00 from the Massachusetts Board of Library Commissioners awarded to the Public Library to be used for a summer program at the library called Tween Arts Exploration for children ages 8-13; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $1,163.00 from the Massachusetts Board of Library Commissioners awarded to the Public Library to be used for a summer program at the library called Tween Arts Exploration for children ages 8-13; adopted..”
Tabled until the may 6, 2019 city council meeting: City of Marlborough, acting by and through its City Council, does hereby accept from Ernest A....
ORDERED: That the City of Marlborough, acting by and through its City Council, does hereby accept from Ernest A. Houde, Jr., the deed of the fee interest in a parcel of land containing 10.09 acres and situated on the easterly side of Berlin Road, described as Map 41, Parcel 37B of the Marlborough Assessors Maps, and more particularly described as Lot 37-2B on a plan entitled “Plan of Land in Marlborough, Massachusetts; Owner: Ernest A. Houde, Jr., 399 Berlin Road, Marlborough, MA; Prepared by: Connorstone Consulting Civil Engineers and Land Surveyors, 276 West Main Street, Northborough, MA 01532; Scale: 1″ = 50´; Dated: April 21, 2000, revised: May 1, 2000,” and recorded at Middlesex South District Registry of Deeds as Book 31403, Page 364, Plan Book 2000, Plan 513, said plan attached hereto along with said deed. The above-described parcel is conveyed to the City under the provisions of Massachusetts General Laws c. 40, § 8C and is to be managed and controlled by the Marlborough Conservation Commission for the purposes of the promotion and development of natural resources, watershed protection, passive recreation, and conservation of open space, TABLED UNTIL THE MAY 6, 2019 CITY COUNCIL MEETING; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the City of Marlborough, acting by and through its City Council, does hereby accept from Ernest A. Houde, Jr., the deed of the fee interest in a parcel of land containing 10.09 acres and situated on the easterly side of Berlin Road, described as Map 41, Parcel 37B of the Marlborough Assessors Maps, and more particularly described as Lot 37-2B on a plan entitled “Plan of Land in Marlborough, Massachusetts; Owner: Ernest A. Houde, Jr., 399 Berlin Road, Marlborough, MA; Prepared by: Connorstone Consulting Civil Engineers and Land Surveyors, 276 West Main Street, Northborough, MA 01532; Scale: 1″ = 50´; Dated: April 21, 2000, revised: May 1, 2000,” and recorded at Middlesex South District Registry of Deeds as Book 31403, Page 364, Plan Book 2000, Plan 513, said plan attached hereto along with said deed. The above-described parcel is conveyed to the City under the provisions of Massachusetts General Laws c. 40, § 8C and is to be managed and controlled by the Marlborough Conservation Commission for the purposes of the promotion and development of natural resources, watershed protection, passive recreation, and conservation of open space, TABLED UNTIL THE MAY 6, 2019 CITY COUNCIL MEETING; adopted..”
Zoning ordinance amendment (MGL Chapter 40A §5): zoning ordinance of the city of marlborough, as amended,
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 AS FOLLOWS: I. Section 650-5, entitled “Definitions; word usage,” is hereby amended, as follows: a. By amending the definition in subsection B of “HOME OCCUPATION,” by inserting at the end thereof the following sentence: A home occupation shall not include a home office, as defined in Section 650-5. b. By amending the definition in subsection B of “OUTDOOR STORAGE,” by inserting at the end thereof the following sentence: Outdoor storage shall not include either a contractor’s storage yard or a landscape contractor’s storage yard, as defined in Section 650-5. c. By inserting the following new definitions: CONTRACTOR - Any person or firm engaged in construction, building trades, landscaping services or maintenance, on a contract basis, either licensed or unlicensed. CONTRACTOR’S STORAGE YARD - An outdoor area used for the storage of equipment and/or materials used for providing contracting services, including but not limited to building construction, heating, plumbing, roofing, and excavation; but not including a landscape contractor’s storage yard. A contractor’s storage yard shall not include outdoor storage, as defined in...
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“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 AS FOLLOWS: I. Section 650-5, entitled “Definitions; word usage,” is hereby amended, as follows: a. By amending the definition in subsection B of “HOME OCCUPATION,” by inserting at the end thereof the following sentence: A home occupation shall not include a home office, as defined in Section 650-5. b. By amending the definition in subsection B of “OUTDOOR STORAGE,” by inserting at the end thereof the following sentence: Outdoor storage shall not include either a contractor’s storage yard or a landscape contractor’s storage yard, as defined in Section 650-5. c. By inserting the following new definitions: CONTRACTOR - Any person or firm engaged in construction, building trades, landscaping services or maintenance, on a contract basis, either licensed or unlicensed. CONTRACTOR’S STORAGE YARD - An outdoor area used for the storage of equipment and/or materials used for providing contracting services, including but not limited to building construction, heating, plumbing, roofing, and excavation; but not including a landscape contractor’s storage yard. A contractor’s storage yard shall not include outdoor storage, as defined in Section 650-5. HOME OFFICE - An office in a dwelling unit or accessory building within which ancillary activities are performed for a business whose primary services are conducted by the residents at offsite locations. Home offices are permitted if they conform to each of the conditions set forth in Section 650-18(47). LANDSCAPE CONTRACTOR’S STORAGE YARD – An outdoor area used for the storage of equipment and/or materials used by a business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds, including the installation of hardscape such as stonework, patios, decks, arbors, and other decorative elements of the landscape. Such a business may engage in the installation and construction of underground improvements, but only to the extent that such improvements (e.g., irrigation or drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the grounds being otherwise landscaped. A landscape contractor’s storage yard shall not include outdoor storage, as defined in Section 650-5. II. Section 650-17, entitled “Table of Uses,” is hereby amended by adding the following new uses: RR A1 A2 A3 RB RC RCR B CA LI I MV NB Contractor’s Storage Yard (48) N N N N N N N N Y Y N N N Home Office (47) Y Y Y Y Y Y Y Y Y Y Y Y Y Landscape Contractor’s Storage Yard (48) N N N N N N N N Y Y N N N III. Section 650-18, entitled “Conditions for uses,” is hereby amended as follows: a. By inserting in subsection A thereof a new paragraph (47), pertaining to home offices: (47) Home offices. Home offices are permitted if they conform to each of the following conditions: (a) The home office use must be secondary to the principal use of the property as a residence. (b) The proprietor of the home office, whether a contractor or otherwise, must reside in the dwelling unit comprising the principal building. (c) Anyone associated with the home office must reside in the dwelling unit comprising the principal building, except that not more than two (2) non-residents may be permitted when the home office is on a property principally used as a residence by the proprietor, whether a contractor or otherwise, unless it is located in the Commercial Automotive or Limited Industrial zoning districts, in which case three (3) non-residents may be permitted. (d) No more than 25% of the floor area of the residence or, if an accessory building is used, no more than 30% of the floor area of the accessory building and residence combined, is to be used for the purposes of the home office. (e) There shall be no external evidence of the home office except for a sign that conforms to the requirements for a home occupation sign set forth in City Code Section 526- 8.A(2), and no major structural change shall be made to the exterior so as to alter the appearance and character of the residence or that of the accessory building if used for the home office. (f) The proprietor of a home office, whether a contractor or otherwise, shall be allowed to have not more than either i) one (1) commercial vehicle having a gross vehicle weight rating (GVWR) not exceeding 10,000 pounds or one (1) heavy-duty pickup truck having a GVWR not exceeding 14,000 pounds, or ii) one (1) commercial trailer not to exceed sixteen (16) feet in length, parked at the home office, whether that vehicle or that trailer, as the case may be, is used by the proprietor of the home office and/or by anyone associated with the home office, except that not more than three (3) commercial vehicles each having a GVWR not exceeding 10,000 pounds, or three (3) commercial trailers each not exceeding sixteen (16) feet in length, or any combination of such vehicles and trailers not to exceed three (3) in total number, may be permitted when the home office is on a property located in the Commercial Automotive or Limited Industrial zoning districts. No such vehicle or trailer shall be parked on the street(s) fronting the premises where the home office is located, but instead shall be parked on the premises. Vehicles and equipment must be parked and accessed on impervious surfaces such as concrete or asphalt (dust-free surfaces) and may never be parked on the lawn or other pervious parts of a property on which the home office is located. (g) A home office shall be permitted to store equipment and/or materials, but only indoors in the principal building or accessory building. In no event shall a home office, even when on a property located in the Commercial Automotive or Limited Industrial zoning districts be used for a contractor’s storage yard or a landscape contractor’s storage yard. No activity in conjunction with the business associated with the home office, including but not limited to loading and unloading of equipment and/or materials, is permitted Monday through Friday except from 7:00 a.m. until 7:00 p.m. and Saturday except from 7:00 a.m. until 5:00 p.m., and no such activity is permitted on Sunday at any hour; provided, however, that essential emergency services as reasonably needed may operate outside previously established hours. All such activity, when permitted, shall otherwise comply with Chapter 431 of the City Code, entitled “Noise.” (h) A home office shall not store excessive quantities of flammable, combustible or dangerous substances, and may be required to comply with the notification, reporting and permitting requirements set forth in SARA Title III (the Emergency Planning and Community Right-To-Know Act, or EPCRA) and/or MGL c. 148. b. By inserting in subsection A thereof a new paragraph (48), pertaining to contractor’s storage yards and landscape contractor’s storage yards: (48) Contractor’s storage yards and landscape contractor’s storage yards. (a) Design Standards. Contractor’s storage yards and landscape contractor’s storage yards, as defined in Section 650-5, are allowed in the Commercial Automotive or Limited Industrial zoning districts only after having been granted site plan approval by the City of Marlborough Site Plan Review Committee, whose review shall include but not be limited to the following design standards. (1) Proximity to existing residential zoning districts. A storage yard, if created after February 11, 2019, shall not be located on a lot less than two hundred (200) feet from a residential zoning district. (2) Abutting residential lots. A storage yard, if created after February 11, 2019, shall not be located on any lot if a residential use is being made of any abutting lot(s). (3) Screening. The proposed storage yard shall be adequately screened from the street and adjacent properties to obscure the vehicles parked thereon, and the equipment and/or materials stored therein. (4) Minimum lot area. The minimum area of the lot being proposed for the storage yard shall be 22,500 square feet. (5) Maximum size of storage yard. The maximum size of the storage yard, when combined with all structures, parking and driveways on the lot being proposed for the lot on which the storage yard is proposed to be located, shall not exceed the percentage of maximum lot coverage permitted under Section 650-41 for the zoning district in which the lot is located. (6) Vehicles, Equipment and/or Materials. All vehicles, equipment and/or materials associated with the storage yard must be stored on and accessed from impervious or otherwise dust-free surfaces. (7) Flammable, Combustible or Dangerous Substances. A storage yard shall not store excessive quantities of flammable, combustible or dangerous substances, and may be required to comply with the notification, reporting and permitting requirements set forth in SARA Title III (the Emergency Planning and Community Right-To-Know Act, or EPCRA) and/or MGL c. 148. (b) Grandfathering. All contractor storage yards and all landscape contractor storage yards, as defined in Section 650-5, that existed before the City of Marlborough Zoning Code was enacted on January 27, 1969, or that exist as legal pre-existing nonconforming uses or structures, shall not be required to submit to Site Plan Review; provided, however, that such yards shall not be permitted to expand or alter any legal pre-existing nonconforming use or structure, unless such expansion or alteration is otherwise authorized by zoning relief. (c) Previous Special Permit or Site Plan Approval. All contractor storage yards and all landscape contractor storage yards, as defined in Section 650-5, that are in compliance with a previously-granted special permit, or that are in compliance with a previously-granted site plan approval by the Site Plan Review Committee, shall not be required to submit to Site Plan Review, so long as such yards remain in compliance with the dimensional, landscaping and parking requirements of Chapter 650. (d) All others. All contractor storage yards and all landscape contractor storage yards, as defined in Section 650-5, that satisfy neither subsections (b) nor (c) of this section 650-18(48) shall be required to complete the Site Plan Review process within twelve (12) months of the effective date of approval of this zoning amendment. Refer to PLANNING BOARD, AND ADVERTISE PUBLIC HEARING FOR MONDAY, JUNE 3, 2019; adopted..”
Moved to item 39: Communication from City Solicitor, Donald Rider, re: Application for Special Permit by Main Street Bank, to further modify the...
ORDERED: That the Communication from City Solicitor, Donald Rider, re: Application for Special Permit by Main Street Bank, to further modify the Bank’s original 2009 Special Permit by removing condition #4 which prohibits electronic signs, in proper legal form, Order No. 18/19-1007461C MOVED TO ITEM 39; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Communication from City Solicitor, Donald Rider, re: Application for Special Permit by Main Street Bank, to further modify the Bank’s original 2009 Special Permit by removing condition #4 which prohibits electronic signs, in proper legal form, Order No. 18/19-1007461C MOVED TO ITEM 39; adopted..”
Moved to item 40: Communication from City Solicitor, Donald Rider, re Application for LED Sign Special Permit by Main Street Bank, 81 Granger...
ORDERED: That the Communication from City Solicitor, Donald Rider, re Application for LED Sign Special Permit by Main Street Bank, 81 Granger Boulevard, Order No. 18/19-1007423D, MOVED TO ITEM 40; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Communication from City Solicitor, Donald Rider, re Application for LED Sign Special Permit by Main Street Bank, 81 Granger Boulevard, Order No. 18/19-1007423D, MOVED TO ITEM 40; adopted..”
Moved to item 35: Communication from City Solicitor, Donald Rider, re Proposed Open Space Covenant and Restriction for certain land on a plan...
ORDERED: That the Communication from City Solicitor, Donald Rider, re Proposed Open Space Covenant and Restriction for certain land on a plan entitled “Open Space Exhibit for Apex Center, 240 Boston Post Road West, Marlborough, in proper legal form, Order No. 16/17/18/19-1006443D-6, MOVED TO ITEM 35; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Communication from City Solicitor, Donald Rider, re Proposed Open Space Covenant and Restriction for certain land on a plan entitled “Open Space Exhibit for Apex Center, 240 Boston Post Road West, Marlborough, in proper legal form, Order No. 16/17/18/19-1006443D-6, MOVED TO ITEM 35; adopted..”
Accept and file: Communication from the Planning Board, re: Favorable Recommendation on the Proposed Zoning Map Amendment, land off Mill Street...
ORDERED: That the Communication from the Planning Board, re: Favorable Recommendation on the Proposed Zoning Map Amendment, land off Mill Street South, Order No. 18/19-1007484B, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Communication from the Planning Board, re: Favorable Recommendation on the Proposed Zoning Map Amendment, land off Mill Street South, Order No. 18/19-1007484B, FILE; adopted..”
Accept and file: Communication from Ayoub Engineering on behalf of Colbea Enterprises, LLC, re: Removal of existing underground storage tanks...
ORDERED: That the Communication from Ayoub Engineering on behalf of Colbea Enterprises, LLC, re: Removal of existing underground storage tanks (USTs) and installation of new underground storage tanks which will result in a decrease of storage capacity at 342 Boston Post Road East, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Communication from Ayoub Engineering on behalf of Colbea Enterprises, LLC, re: Removal of existing underground storage tanks (USTs) and installation of new underground storage tanks which will result in a decrease of storage capacity at 342 Boston Post Road East, FILE; adopted..”
Refer to the Public Services Committee: Application for Renewal of Junk Dealer/Second Hand Dealer License, Jean Rabelo, d/b/a Post Road Used Auto...
ORDERED: That the Application for Renewal of Junk Dealer/Second Hand Dealer License, Jean Rabelo, d/b/a Post Road Used Auto Parts, 785 Boston Post Road East, refer to PUBLIC SERVICES COMMITTEE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Application for Renewal of Junk Dealer/Second Hand Dealer License, Jean Rabelo, d/b/a Post Road Used Auto Parts, 785 Boston Post Road East, refer to PUBLIC SERVICES COMMITTEE; adopted..”
Refer to the Public Services Committee: Application for Renewal of Junk Dealer/Second Hand Dealer License, Gerald Dumais, d/b/a Dumais & Sons...
ORDERED: That the Application for Renewal of Junk Dealer/Second Hand Dealer License, Gerald Dumais, d/b/a Dumais & Sons Second Hand Store, 65 Mechanic Street, refer to PUBLIC SERVICES COMMITTEE; adopted. Councilor Dumais recused.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted. The minutes also say: “Councilor Dumais recused.”
From the minutes
“ORDERED: That the Application for Renewal of Junk Dealer/Second Hand Dealer License, Gerald Dumais, d/b/a Dumais & Sons Second Hand Store, 65 Mechanic Street, refer to PUBLIC SERVICES COMMITTEE; adopted. Councilor Dumais recused..”
Refer to the Public Services Committee: Application for Renewal of Junk Dealer/Second Hand Dealer License, Best Buy Stores LP #820, d/b/a Best...
ORDERED: That the Application for Renewal of Junk Dealer/Second Hand Dealer License, Best Buy Stores LP #820, d/b/a Best Buy, 769 Donald J. Lynch Boulevard, refer to PUBLIC SERVICES COMMITTEE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Application for Renewal of Junk Dealer/Second Hand Dealer License, Best Buy Stores LP #820, d/b/a Best Buy, 769 Donald J. Lynch Boulevard, refer to PUBLIC SERVICES COMMITTEE; adopted..”
Accept and file: Communication Department of Public Utilities, re: Condensed Financial Return for year-ending December 31, 2018, NStar Gas Company
ORDERED: That the Communication Department of Public Utilities, re: Condensed Financial Return for year-ending December 31, 2018, NStar Gas Company, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Communication Department of Public Utilities, re: Condensed Financial Return for year-ending December 31, 2018, NStar Gas Company, FILE; adopted..”
Accept and file: Minutes, School Committee, February 26, 2019
ORDERED: That the Minutes, School Committee, February 26, 2019, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Minutes, School Committee, February 26, 2019, FILE; adopted..”
Accept and file: Minutes, Board of Assessors, April 3, 2019
ORDERED: That the Minutes, Board of Assessors, April 3, 2019, FILE; adopted.
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From the minutes
“ORDERED: That the Minutes, Board of Assessors, April 3, 2019, FILE; adopted..”
Accept and file: Minutes, Commission on Disabilities, March 12, 2019
ORDERED: That the Minutes, Commission on Disabilities, March 12, 2019, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Minutes, Commission on Disabilities, March 12, 2019, FILE; adopted..”
Accept and file: Minutes, Conservation Commission, March 21, 2019
ORDERED: That the Minutes, Conservation Commission, March 21, 2019, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Minutes, Conservation Commission, March 21, 2019, FILE; adopted..”
Accept and file: Minutes, Historical Commission, April 11, 2019
ORDERED: That the Minutes, Historical Commission, April 11, 2019, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Minutes, Historical Commission, April 11, 2019, FILE; adopted..”
Accept and file: Minutes, Library Board of Trustees, February 5, 2019
ORDERED: That the Minutes, Library Board of Trustees, February 5, 2019, FILE; adopted.
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From the minutes
“ORDERED: That the Minutes, Library Board of Trustees, February 5, 2019, FILE; adopted..”
Accept and file: Minutes, Municipal Aggregation Committee, March 21, 2019
ORDERED: That the Minutes, Municipal Aggregation Committee, March 21, 2019, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Minutes, Municipal Aggregation Committee, March 21, 2019, FILE; adopted..”
Accept and file: Minutes, Planning Board, March 25, 2019
ORDERED: That the Minutes, Planning Board, March 25, 2019, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Minutes, Planning Board, March 25, 2019, FILE; adopted..”
Accept and file: Minutes, Zoning Board of Appeals, March 26, 2019
ORDERED: That the Minutes, Zoning Board of Appeals, March 26, 2019, FILE;
The minutes print this order without the usual “adopted” and with no count or names; MassVoter shows the action the order records (result only) and does not show how each councilor voted.
From the minutes
“ORDERED: That the Minutes, Zoning Board of Appeals, March 26, 2019, FILE;.”
Refer to the Legal Department: Following CLAIMS
ORDERED: That the following CLAIMS, refer to the LEGAL DEPARTMENT; adopted.
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From the minutes
“ORDERED: That the following CLAIMS, refer to the LEGAL DEPARTMENT; adopted..”
Suspend the rules
Suspension of the Rules requested – granted
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From the minutes
“Suspension of the Rules requested – granted.”
Transfer Request for the Fire Department in the amount of $60,000.00 which moves funds from various accounts within the Fire Department to Vehicle...
ORDERED: That the Transfer Request for the Fire Department in the amount of $60,000.00 which moves funds from various accounts within the Fire Department to Vehicle Repair and Maintenance, APROVED; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Transfer Request for the Fire Department in the amount of $60,000.00 which moves funds from various accounts within the Fire Department to Vehicle Repair and Maintenance, APROVED; adopted..”
Accept and file: Communication from City Solicitor, Donald Rider, re Proposed Open Space Covenant and Restriction for certain land on a plan...
ORDERED: That the Communication from City Solicitor, Donald Rider, re Proposed Open Space Covenant and Restriction for certain land on a plan entitled “Open Space Exhibit for Apex Center, 240 Boston Post Road West, Marlborough, in proper legal form, Order No. 16/17/18/19-1006443D-6, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Communication from City Solicitor, Donald Rider, re Proposed Open Space Covenant and Restriction for certain land on a plan entitled “Open Space Exhibit for Apex Center, 240 Boston Post Road West, Marlborough, in proper legal form, Order No. 16/17/18/19-1006443D-6, FILE; adopted..”
Approve: City of Marlborough does hereby approve, and accept the gift thereof, from Walker Realty LLC, Marlboro Hospitality LLC and 11 Apex LLC...
ORDERED: That the City of Marlborough does hereby approve, and accept the gift thereof, from Walker Realty LLC, Marlboro Hospitality LLC and 11 Apex LLC, of the Open Space Covenant and Restriction for the perpetual conservation and preservation of open space, passive recreation, and assurance that the subject land will be retained in perpetuity in its natural, scenic, wetlands and wooded conditions in accordance with the terms of said Open Space Covenant and Restriction, concerning that certain land designated and labeled as “Open Space” on a plan entitled “Open Space Exhibit, for Apex Center, 240 Boston Post Road W, Marlborough, MA, Prepared for: Walker Realty, LLC, 4 Lan Drive, Westford, MA, Scale 1′ = 200″, dated March 21, 2018, [Prepared by] Hancock Associates, 315 Elm Street, Marlborough, MA 01752,” said Plan to be recorded as Exhibit A to the Open Space Covenant and Restriction, and this Order to be recorded as Exhibit B to the Open Space Covenant and Restriction, with the Middlesex County South Registry of Deeds. This Order supersedes Order No. 16/17/18-1006443D-4, approved by vote of Council on October 15, 2018. APPROVED; adopted.
The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the City of Marlborough does hereby approve, and accept the gift thereof, from Walker Realty LLC, Marlboro Hospitality LLC and 11 Apex LLC, of the Open Space Covenant and Restriction for the perpetual conservation and preservation of open space, passive recreation, and assurance that the subject land will be retained in perpetuity in its natural, scenic, wetlands and wooded conditions in accordance with the terms of said Open Space Covenant and Restriction, concerning that certain land designated and labeled as “Open Space” on a plan entitled “Open Space Exhibit, for Apex Center, 240 Boston Post Road W, Marlborough, MA, Prepared for: Walker Realty, LLC, 4 Lan Drive, Westford, MA, Scale 1′ = 200″, dated March 21, 2018, [Prepared by] Hancock Associates, 315 Elm Street, Marlborough, MA 01752,” said Plan to be recorded as Exhibit A to the Open Space Covenant and Restriction, and this Order to be recorded as Exhibit B to the Open Space Covenant and Restriction, with the Middlesex County South Registry of Deeds. This Order supersedes Order No. 16/17/18-1006443D-4, approved by vote of Council on October 15, 2018. APPROVED; adopted..”
Approve: Petition from Massachusetts Electric, to install 461 feet of underground primary from P13 on Framingham Road up to Pad 1-99 on Beverly...
ORDERED: That the Petition from Massachusetts Electric, to install 461 feet of underground primary from P13 on Framingham Road up to Pad 1-99 on Beverly Drive and to install 262 feet of underground secondary from Pad 1-99 to HH 0-2, APPROVED; adopted.
The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Petition from Massachusetts Electric, to install 461 feet of underground primary from P13 on Framingham Road up to Pad 1-99 on Beverly Drive and to install 262 feet of underground secondary from Pad 1-99 to HH 0-2, APPROVED; adopted..”
Approve: Application for Renewal of Junk Dealer/Second Hand Dealer License, Tony Bitar, d/b/a Hannoush Jewelers, 601 Donald J. Lynch Boulevard
ORDERED: That the Application for Renewal of Junk Dealer/Second Hand Dealer License, Tony Bitar, d/b/a Hannoush Jewelers, 601 Donald J. Lynch Boulevard, APPROVED; adopted.
The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Application for Renewal of Junk Dealer/Second Hand Dealer License, Tony Bitar, d/b/a Hannoush Jewelers, 601 Donald J. Lynch Boulevard, APPROVED; adopted..”
Approve: Application for Renewal of Junk Dealer/Second Hand Dealer License, Roman Kimyagarov, d/b/a Arthur & Sons Shoe Repair, 107 Main Street
ORDERED: That the Application for Renewal of Junk Dealer/Second Hand Dealer License, Roman Kimyagarov, d/b/a Arthur & Sons Shoe Repair, 107 Main Street, APPROVED; adopted.
The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Application for Renewal of Junk Dealer/Second Hand Dealer License, Roman Kimyagarov, d/b/a Arthur & Sons Shoe Repair, 107 Main Street, APPROVED; adopted..”
Accept and file: Communication from City Solicitor, Donald Rider, re: Application for Special Permit by Main Street Bank, to further modify the...
ORDERED: That the Communication from City Solicitor, Donald Rider, re: Application for Special Permit by Main Street Bank, to further modify the Bank’s original 2009 Special Permit by removing condition #4 which prohibits electronic signs, in proper legal form, Order No. 18/19-1007461C, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Communication from City Solicitor, Donald Rider, re: Application for Special Permit by Main Street Bank, to further modify the Bank’s original 2009 Special Permit by removing condition #4 which prohibits electronic signs, in proper legal form, Order No. 18/19-1007461C, FILE; adopted..”
Grant special permit decision: further modify a previously modified special permit to Main Street Bank
ORDERED: DECISION ON AN APPLICATION TO FURTHER MODIFY A SPECIAL PERMIT IN CITY COUNCIL _________________ Further Modified Special Permit Main Street Bank Order No. 18/19-1007461D X09-1002152C X12-1004081C DECISION ON AN APPLICATION TO FURTHER MODIFY A SPECIAL PERMIT CITY COUNCIL ORDER NO. 18/19-1007461D The City Council of the City of Marlborough hereby GRANTS the application to further modify a previously modified special permit to Main Street Bank (the “Applicant”) for the property located at 81 Granger Boulevard, Marlborough, Massachusetts, as provided in this decision (“Decision”) and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT AND RULING 1. The Applicant is the lessee of the property located at 81 Granger Boulevard, Marlborough, Massachusetts, as shown on the Marlborough Assessors Maps as Map 70, Parcel 152 (the “Site”), and maintains a stand-alone bank facility with drive-through ATM and teller services. The Site’s owner is Stephen M. Fitzpatrick, Trustee of Fitzgerald Family Investment Trust, u/d/t December 4, 2007 and recorded with the Middlesex South District Registry of Deeds in Book 50587, Page 296. 2. The Site is subject to a special permit issued by the City Council of the City of Marlborough dated June 22, 2009, Order No. 09-1002152C (the “Original Special Permit,” attached hereto as Exhibit A), as modified by Council Order No. 12- 1004081C (the “Modified Special Permit”) attached hereto as Exhibit B. 3. In light of the...
From the minutes
“ORDERED: DECISION ON AN APPLICATION TO FURTHER MODIFY A SPECIAL PERMIT IN CITY COUNCIL _________________ Further Modified Special Permit Main Street Bank Order No. 18/19-1007461D X09-1002152C X12-1004081C DECISION ON AN APPLICATION TO FURTHER MODIFY A SPECIAL PERMIT CITY COUNCIL ORDER NO. 18/19-1007461D The City Council of the City of Marlborough hereby GRANTS the application to further modify a previously modified special permit to Main Street Bank (the “Applicant”) for the property located at 81 Granger Boulevard, Marlborough, Massachusetts, as provided in this decision (“Decision”) and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT AND RULING 1. The Applicant is the lessee of the property located at 81 Granger Boulevard, Marlborough, Massachusetts, as shown on the Marlborough Assessors Maps as Map 70, Parcel 152 (the “Site”), and maintains a stand-alone bank facility with drive-through ATM and teller services. The Site’s owner is Stephen M. Fitzpatrick, Trustee of Fitzgerald Family Investment Trust, u/d/t December 4, 2007 and recorded with the Middlesex South District Registry of Deeds in Book 50587, Page 296. 2. The Site is subject to a special permit issued by the City Council of the City of Marlborough dated June 22, 2009, Order No. 09-1002152C (the “Original Special Permit,” attached hereto as Exhibit A), as modified by Council Order No. 12- 1004081C (the “Modified Special Permit”) attached hereto as Exhibit B. 3. In light of the amendment to the Marlborough City Code creating § 526-13 entitled, “Electronic message center signs; digital display signs,” the Applicant seeks to amend the Original Special Permit, as modified by the Modified Special Permit, by removing Condition #4 which prohibits signs on the Site which have “so-called message board or LCD components” or equivalent features; and inserting in place thereof a new Condition #4 requiring that such signs comport with § 526-13 (the “Application”). 4. In connection with the Application, the Applicant has submitted a certified list of abutters, filing fees, and the existing approved site plan for the Site entitled, “Permit Site Plan, Marlborough Savings Bank”, prepared for Marlborough Savings Bank, drawn by Hancock Associates, 315 Elm Street, Marlborough, MA, scale 1 ″ = 20′, dated March 5, 2009, with a final revision date of May 29, 2009 (the “Plan”). 5. The Plan was certified by the acting City Planner for the City of Marlborough as having complied with Rule 4, items (a) through (m), of the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 6. 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 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. 7. The Marlborough City Council, pursuant to Massachusetts General Laws, Chapter 40A, held a public hearing on the application on February 25, 2019. 8. The Applicant, through its representatives, presented testimony at the public hearing detailing the Application. No individual in attendance at the public hearing spoke in opposition to the Application. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds that the proposed further modified use of the Site is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance of the City of Marlborough when subject to the appropriate terms and conditions as provided herein. The City Council makes these findings subject to the completion and adherence by the Applicant, its successors and/or assigns, to the conditions more fully set forth herein. C. The City Council, pursuant to its authority under Massachusetts General Laws Chapter 40A and the Zoning Ordinance of the City of Marlborough, hereby GRANTS the Applicant a further modified special permit (the “Further Modified Special Permit”), SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. The Original Special Permit, as modified by the Modified Special Permit, is further modified by removing Condition #4 in its entirety and inserting in place thereof the following: 4) The location and design of any signage on the Site shall be reviewed and approved by the City of Marlborough in accordance with § 526-13 entitled, “Electronic message center signs; digital display signs,” as set forth in the City Code of the City of Marlborough. 2. In accordance with the provisions of M.G.L. c. 40A, § 11, the Applicant, its successors and/or assigns shall, at its expense, record this Further Amended Special Permit in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Further Amended Special Permit has elapsed with no appeal having been filed, and before the Applicant, its successors and/or assigns, has applied to the Building Commissioner for any building permit that may be required concerning the Sign. The Applicant, its successors and/or assigns shall also furnish proof of the Further Amended Special Permit’s recording to the City Solicitor’s Office and the City Council immediately subsequent to recording. 3. Except as amended by this Decision, the Original Special Permit, as modified by the Modified Special Permit, remains in full force and effect. APPROVED; adopted. Yea: 10 – Nay: 0 – Absent: 1 Yea: Doucette, Dumais, Tunnera, Irish, Clancy, Landers, Juaire, Oram, Ossing & Robey. Absent: Delano..”
Accept and file: Communication from City Solicitor, Donald Rider, re Application for LED Sign Special Permit by Main Street Bank, 81 Granger...
ORDERED: That the Communication from City Solicitor, Donald Rider, re Application for LED Sign Special Permit by Main Street Bank, 81 Granger Boulevard, Order No. 18/19-1007423D, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Communication from City Solicitor, Donald Rider, re Application for LED Sign Special Permit by Main Street Bank, 81 Granger Boulevard, Order No. 18/19-1007423D, FILE; adopted..”
Refer to the Urban Affairs Committee: Application for LED Sign Special Permit, Main Street Bank, 81 Granger Boulevard
ORDERED: That the Application for LED Sign Special Permit, Main Street Bank, 81 Granger Boulevard, refer back to URBAN AFFAIRS COMMITTEE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“ORDERED: That the Application for LED Sign Special Permit, Main Street Bank, 81 Granger Boulevard, refer back to URBAN AFFAIRS COMMITTEE; adopted..”
Adjourn
ORDERED: There being no further business, the regular meeting of the City Council is herewith adjourned at 8:55 PM; adopted.
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From the minutes
“ORDERED: There being no further business, the regular meeting of the City Council is herewith adjourned at 8:55 PM; adopted..”
From the Marlborough City Council’s official minutes, posted by the City Clerk in the city’s Agenda Center (City Council). We check every vote against the councilors present and quote the exact wording. MassVoter never grades or scores officials. Councilor photos: Marlborough Patch candidate profiles (photos courtesy of the candidates; cropped by MassVoter). Trey Fuccillo: The Berkeley Beacon (Ashlyn Wang). The city website has no councilor photos. Heather Gould and former councilors show initials.
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