← Marlborough City Council

Marlborough City Council · 2018–2019 Council · Regular meeting

May 6, 2019

24 recorded votes, 24 with disagreement.

Sources: Official minutes (PDF) · City meeting page

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Attendance

Present: Peter J. Juaire, Mark A. Oram, Michael H. Ossing, Kathleen D. Robey, Joseph F. Delano, David Doucette, Christian Dumais, Robert J. Tunnera, John J. Irish, Edward J. Clancy, Donald R. Landers

Absent: None

Every vote, in order

Accept and file: Announcement of Veteran of the Year, made by the President of the Marlborough Veteran’s Council, Richard Jenkins, along with City...

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Announcement of Veteran of the Year, made by the President of the Marlborough Veteran’s Council, Richard Jenkins, along with City Council President Clancy, who presented Michael A. Ferro with the prestigious honor of Veteran of the Year, an award plaque and a proclamation from the Mayor were presented, 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 Announcement of Veteran of the Year, made by the President of the Marlborough Veteran’s Council, Richard Jenkins, along with City Council President Clancy, who presented Michael A. Ferro with the prestigious honor of Veteran of the Year, an award plaque and a proclamation from the Mayor were presented, FILE; adopted..”

Read it in the official minutes, page 1 (PDF)

Accept and file: Minutes of the City Council meeting, APRIL 29, 2019

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes of the City Council meeting, APRIL 29, 2019 FILE AS AMENDED; 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 29, 2019 FILE AS AMENDED; adopted..”

Read it in the official minutes, page 1 (PDF)

Refer to the Finance Committee and Advertise: Set MONDAY, MAY 20, 2019 as date for a PUBLIC HEARING for the Proposed FY20 Budget as submitted by...

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That there being no objection thereto set MONDAY, MAY 20, 2019 as date for a PUBLIC HEARING for the Proposed FY20 Budget as submitted by Mayor Vigeant in the amount of $169,023,174.00 for review and appropriation in which this spending plan reflects an increase of 3.8% over last year’s appropriation, refer to FINANCE COMMITTEE AND ADVERTISE; 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 there being no objection thereto set MONDAY, MAY 20, 2019 as date for a PUBLIC HEARING for the Proposed FY20 Budget as submitted by Mayor Vigeant in the amount of $169,023,174.00 for review and appropriation in which this spending plan reflects an increase of 3.8% over last year’s appropriation, refer to FINANCE COMMITTEE AND ADVERTISE; adopted..”

Read it in the official minutes, page 1 (PDF)

Moved to item 21: Communication from City Solicitor, Donald Rider, re: Acceptance of Deed Conveying 10.09 Acres of land located on Berlin Road...

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Communication from City Solicitor, Donald Rider, re: Acceptance of Deed Conveying 10.09 Acres of land located on Berlin Road identified as Map 41, Parcel 37B, Order No. 19-1007584C, MOVED TO ITEM 21; 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: Acceptance of Deed Conveying 10.09 Acres of land located on Berlin Road identified as Map 41, Parcel 37B, Order No. 19-1007584C, MOVED TO ITEM 21; adopted..”

Read it in the official minutes, page 1 (PDF)

Accept and file: Communication from the Retirement Board re: Consideration of a cost of living increase (COLA) pursuant to MGL Chapter 32, §103(i)

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Communication from the Retirement Board re: Consideration of a cost of living increase (COLA) pursuant to MGL Chapter 32, §103(i), 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 Retirement Board re: Consideration of a cost of living increase (COLA) pursuant to MGL Chapter 32, §103(i), FILE adopted..”

Read it in the official minutes, page 1 (PDF)

Accept and file: Communication from the Planning Board, re: Favorable Recommendation and comments on the Proposed Zoning Ordinance Amendment...

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Communication from the Planning Board, re: Favorable Recommendation and comments on the Proposed Zoning Ordinance Amendment, Chapter 650, §5, §17, §18 & §48 relative to adding Food Trucks to the Table of Uses, Order No. 19-1007543A, 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 and comments on the Proposed Zoning Ordinance Amendment, Chapter 650, §5, §17, §18 & §48 relative to adding Food Trucks to the Table of Uses, Order No. 19-1007543A, FILE; adopted..”

Read it in the official minutes, page 1 (PDF)

Accept and file: Communication from the Planning Board, re: Favorable Recommendation on the Proposed Zoning Map Amendment, land at 31 and 35 John...

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Communication from the Planning Board, re: Favorable Recommendation on the Proposed Zoning Map Amendment, land at 31 and 35 John Street, Order No. 19-1007569A, 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 at 31 and 35 John Street, Order No. 19-1007569A, FILE; adopted..”

Read it in the official minutes, page 1 (PDF)

Refer to the Urban Affairs Committee, Advertise: Set MONDAY, JUNE 17, 2019 as DATE FOR PUBLIC HEARING On the Application for Sign Special Permit...

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That there being no objection thereto set MONDAY, JUNE 17, 2019 as DATE FOR PUBLIC HEARING On the Application for Sign Special Permit, from Attorney Elizabeth McDonough Noonan on behalf of Colbea Enterprises, LLC, 342 Boston Post Road East, refer to URBAN AFFAIRS COMMITTEE, ADVERTISE; 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 there being no objection thereto set MONDAY, JUNE 17, 2019 as DATE FOR PUBLIC HEARING On the Application for Sign Special Permit, from Attorney Elizabeth McDonough Noonan on behalf of Colbea Enterprises, LLC, 342 Boston Post Road East, refer to URBAN AFFAIRS COMMITTEE, ADVERTISE; adopted..”

Read it in the official minutes, page 1 (PDF)

Refer to the Legislative & Legal Affairs Committee: Communication from Melynda & JP Gallagher, of Lost Shoe Brewing and Roasting Company, 19 Weed...

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Communication from Melynda & JP Gallagher, of Lost Shoe Brewing and Roasting Company, 19 Weed Street, to add outdoor seating to their establishment, refer to LEGISLATIVE & LEGAL 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 Communication from Melynda & JP Gallagher, of Lost Shoe Brewing and Roasting Company, 19 Weed Street, to add outdoor seating to their establishment, refer to LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; adopted..”

Read it in the official minutes, page 2 (PDF)

Refer to the Public Services Committee: Set MONDAY MAY 20, 2019 as DATE FOR PUBLIC HEARING on the Petition from TC Systems, Inc., on behalf of...

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

ORDERED: That there being no objection thereto set MONDAY MAY 20, 2019 as DATE FOR PUBLIC HEARING on the Petition from TC Systems, Inc., on behalf of AT&T, to install new underground conduits with cable on Forest Street from Pole #24 To Verizon MH #516 for a distance of 65’ within the Public Way, 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 there being no objection thereto set MONDAY MAY 20, 2019 as DATE FOR PUBLIC HEARING on the Petition from TC Systems, Inc., on behalf of AT&T, to install new underground conduits with cable on Forest Street from Pole #24 To Verizon MH #516 for a distance of 65’ within the Public Way, refer to PUBLIC SERVICES COMMITTEE; adopted..”

Read it in the official minutes, page 2 (PDF)

Refer to the Urban Affairs Committee, Planning Board, and Advertise Public Hearing for...: Communication from Attorney Brian Falk on behalf of...

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Communication from Attorney Brian Falk on behalf of David Skarin, re: Proposed Zoning Amendment, to Chapter 650 §12 Nonconforming Uses, refer to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE PUBLIC HEARING FOR MONDAY, JUNE 17, 2019; 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 Attorney Brian Falk on behalf of David Skarin, re: Proposed Zoning Amendment, to Chapter 650 §12 Nonconforming Uses, refer to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE PUBLIC HEARING FOR MONDAY, JUNE 17, 2019; adopted..”

Read it in the official minutes, page 2 (PDF)

Accept and file: Minutes, School Committee, April 9, 2019

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes, School Committee, April 9, 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, April 9, 2019, FILE; adopted..”

Read it in the official minutes, page 3 (PDF)

Accept and file: Minutes, Board of Assessors, April 17, 2019

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes, Board of Assessors, April 17, 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, Board of Assessors, April 17, 2019, FILE; adopted..”

Read it in the official minutes, page 3 (PDF)

Accept and file: Minutes, Board of Health, March 4, 2019

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes, Board of Health, March 4, 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, Board of Health, March 4, 2019, FILE; adopted..”

Read it in the official minutes, page 3 (PDF)

Accept and file: Minutes, License Board, March 27, 2019

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes, License Board, March 27, 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, License Board, March 27, 2019, FILE; adopted..”

Read it in the official minutes, page 3 (PDF)

Accept and file: Minutes, Traffic Commission, March 27, 2019

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes, Traffic Commission, March 27, 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, Traffic Commission, March 27, 2019, FILE; adopted..”

Read it in the official minutes, page 3 (PDF)

Approve: Transfer Request in the amount of $699,088.00 which moves funds from Economic Development to MEDC Funding to fund the FY20 operations

Minutes, page 6

Adopt orderPassed · Voice vote, names not recorded

ORDERED: That the Transfer Request in the amount of $699,088.00 which moves funds from Economic Development to MEDC Funding to fund the FY20 operations, 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 in the amount of $699,088.00 which moves funds from Economic Development to MEDC Funding to fund the FY20 operations, APPROVED; adopted..”

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

Zoning ordinance amendment (MGL Chapter 40A §5): zoning ordinance of the city of marlborough, as amended,

Minutes, page 6

Adopt orderPassed · Voice vote, names not recorded

ORDERED: THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH HEREBY ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING THE ZONING MAP, SECTION 650-8, AS FOLLOWS: That, upon the petition of Stephen Vigeant, Trustee of the 22 Englewood Trust, the Zoning Map established under Chapter 650, the City of Marlborough’s Zoning Ordinance, in Article III, entitled “Establishment of Districts” is hereby amended in subsection 8 thereof, entitled “Boundaries Established; Zoning Map,” by rezoning, from the Industrial (I) zoning district to the Commercial Automotive (CA) zoning district, the parcels shown on the Marlborough Assessors Map as Map 104, Parcel 29 and Map 104, Parcel 29A. APPROVED; adopted. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening.

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 HEREBY ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING THE ZONING MAP, SECTION 650-8, AS FOLLOWS: That, upon the petition of Stephen Vigeant, Trustee of the 22 Englewood Trust, the Zoning Map established under Chapter 650, the City of Marlborough’s Zoning Ordinance, in Article III, entitled “Establishment of Districts” is hereby amended in subsection 8 thereof, entitled “Boundaries Established; Zoning Map,” by rezoning, from the Industrial (I) zoning district to the Commercial Automotive (CA) zoning district, the parcels shown on the Marlborough Assessors Map as Map 104, Parcel 29 and Map 104, Parcel 29A. APPROVED; adopted. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening..”

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

Refer to the City Solicitor to Be Placed in Proper Legal Form for the May 20, 2019 City...: Proposed Zoning Amendment, to add to Chapter 650 a new...

Minutes, page 7

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Proposed Zoning Amendment, to add to Chapter 650 a new section §36, which will create an Executive Residential Overlay District (EROD) in the Simarano Drive and Cedar Hill Road Area as amended by the Urban Affairs Committee, refer to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE MAY 20, 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 Proposed Zoning Amendment, to add to Chapter 650 a new section §36, which will create an Executive Residential Overlay District (EROD) in the Simarano Drive and Cedar Hill Road Area as amended by the Urban Affairs Committee, refer to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE MAY 20, 2019 CITY COUNCIL MEETING; adopted..”

Read it in the official minutes, page 7 (PDF)

Tabled: Proposed Zoning Ordinance Amendment, Chapter 650, §5, §17, & §18 – Home Office & Contractor Yards, as amended by the Urban Affairs...

Minutes, page 7

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Proposed Zoning Ordinance Amendment, Chapter 650, §5, §17, & §18 – Home Office & Contractor Yards, as amended by the Urban Affairs Committee and reported out with a favorable recommendation, Order No. 18/19-1007500C, TABLED; 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 Proposed Zoning Ordinance Amendment, Chapter 650, §5, §17, & §18 – Home Office & Contractor Yards, as amended by the Urban Affairs Committee and reported out with a favorable recommendation, Order No. 18/19-1007500C, TABLED; adopted..”

Read it in the official minutes, page 7 (PDF)

Accept and file: Communication from City Solicitor, Donald Rider, re: Acceptance of Deed Conveying 10.09 Acres of land located on Berlin Road...

Minutes, page 7

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Communication from City Solicitor, Donald Rider, re: Acceptance of Deed Conveying 10.09 Acres of land located on Berlin Road identified as Map 41, Parcel 37B, Order No. 19-1007584C, 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: Acceptance of Deed Conveying 10.09 Acres of land located on Berlin Road identified as Map 41, Parcel 37B, Order No. 19-1007584C, FILE; adopted..”

Read it in the official minutes, page 7 (PDF)

Remove from The Table: Order No. 19-1007584C the Acceptance of Deed Conveying 10.09 Acres of land located on Berlin Road identified as Map 41...

Minutes, page 7

ProceduralPassed · Voice vote, names not recorded

ORDERED: That Order No. 19-1007584C the Acceptance of Deed Conveying 10.09 Acres of land located on Berlin Road identified as Map 41, Parcel 37B, REMOVED FROM THE TABLE; 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 Order No. 19-1007584C the Acceptance of Deed Conveying 10.09 Acres of land located on Berlin Road identified as Map 41, Parcel 37B, REMOVED FROM THE TABLE; adopted..”

Read it in the official minutes, page 7 (PDF)

Approve: City of Marlborough, acting by and through its City Council, does hereby accept from Ernest A. Houde, Jr., the deed of the fee interest...

Minutes, page 7

Adopt orderPassed · Voice vote, names not recorded

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 Mass. Gen. 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. 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, 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 Mass. Gen. 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. APPROVED; adopted..”

Read it in the official minutes, page 7 (PDF)

Adjourn

Minutes, page 7

ProceduralPassed · Voice vote, names not recorded

ORDERED: There being no further business, the regular meeting of the City Council is herewith adjourned at 8:53 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: There being no further business, the regular meeting of the City Council is herewith adjourned at 8:53 PM; adopted..”

Read it in the official minutes, page 7 (PDF)

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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