June 3, 2019

“ORDERED: That the JOINT PUBLIC HEARING WITH THE PLANNING BOARD On the Proposed Revised Zoning Amendment to Chapter 650, §5, §17, & §18 – Home Office and Contractor/Landscape Contractor Storage Yards, Order No. 18/19- 1007500D, all were heard who wish to be heard, hearing closed at 9:36 PM; adopted..”

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

“ORDERED: That the sum of $4,000,000.00 (four million dollars) be and is hereby appropriated for street construction. That to meet said appropriations, the Comptroller/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $4,000,000.00 under and pursuant to the provisions of Chapter 44, Section 7 (1) of the Massachusetts General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City of Marlborough therefor. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount, refer to FINANCE COMMITTEE; adopted..”

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

“ORDERED: That the Communication from Code Enforcement Officer, Ethan Lippitt, re: Request for Signs, Spenga, 115 Apex Drive, within the HRMUOD, APPROVED; adopted..”

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

“ORDERED: That the Transfer Request for the Fire Department in the amount of $15,000.00 which moves funds from 2018 Multi-Purpose Bond to Fire Equipment to fund the purchase of a new command vehicle, APPROVED; adopted..”

Read it in the official minutes, page 16 (PDF)

“ORDERED: License to Encroach on Public Sidewalk and Indemnification WHEREAS, Lost Shoe Brewing and Roasting Company, LLC d/b/a Lost Shoe Brewing and Roasting Company, duly incorporated in the Commonwealth of Massachusetts with a principle place of business at Ashcroft Law Firm, LLC, 200 State Street, Boston, MA 02109, operating a coffee roasting facility and brewery including retail sales for serving the roasted coffee and beer brewed on-site known as Lost Shoe Brewing and Roasting Company located at 19 Weed Street, Marlborough, MA (being a portion of Assessors Map 70 Parcel 147) desires to use a portion of the sidewalk fronting said 19 Weed Street, Marlborough, MA for table service of food and/or beverages (hereinafter, “License Area”); and WHEREAS the City of Marlborough (hereinafter, the “City”) wishes to allow the Lost Shoe Brewing and Roasting Company to use the License Area for table service of food and/or beverages; WHEREAS the License Area is owned by the City; NOW, THEREFORE, the City of Marlborough, by and through its City Council (hereinafter, “the City”), grants to Lost Shoe Brewing and Roasting Company, LLC d/b/a Lost Shoe Brewing and Roasting Company (hereinafter, “Licensee”) permission to use the License Area for the limited purpose of outdoor dining on food and/or beverages associated with the Licensee and to place tables and chairs thereon for said purpose, and for no other purpose, under the terms and conditions stated below (hereinafter, “the license” or “this license”): 1. The License Area is identified in its approximate location on the plan attached as Exhibit “A,” which exhibit is made a part hereof. 2. The license shall be effective from the date of approval by the City until September 30, 2019. Thereafter, subject to the terms and conditions of this license, this license shall run from year to year starting on May 1st and ending on September 30th. Licensee may not place tables and chairs on the License Area until the start of business on May 1st, and Licensee must remove all tables and chairs at the close of business on September 30th. 3. Licensee shall not allow any use of the tables and chairs in the License Area after 10 PM. 4. Licensee acknowledges that this license is not a grant of interest in the License Area or in any other portion of City property. 5. Licensee acknowledge that this license is exclusive to Licensee and that no other person(s) or entity(ies) has the permission of the City to utilize the License Area for any purpose other than for dining on products purchased at the Lost Shoe Brewing and Roasting Company. 6. Licensee agrees that it shall not allow loitering or other use of the License Area which is not related to dining on products purchased at the Lost Shoe Brewing and Roasting Company. 7. Licensee agrees to indemnify and hold harmless the City, their officers, employees and agents from and against all suits, actions or claims, civil or criminal, of any character brought because of any injury or damage received or sustained by any person, persons or property arising out of, or resulting from the existence of any obstruction or defect in the public way abutting the License Area or in the License Area, or arising out of, or resulting from any asserted negligent or intentional act, error or omission of Licensee or its agents, servants or employees, occurring in the performance of the Licensee to place tables and chairs upon License Area and to allow the utilization by third parties of said License Area. The indemnification required hereunder shall not be limited by reason of the specifications of any particular insurance coverage of the Licensee. 8. The City’s Building Commissioner or his agents may revoke the license for violation of the terms and conditions of this license. 9. Service of alcoholic beverages out-of-doors in the License Area shall require a separate license from the Licensing Board and any appropriate State approvals. 10. Said tables and chairs shall not interfere with accessible path of travel for handicapped individuals, per the Americans with Disabilities Act and all other applicable laws and regulations. 11. Signs shall not be permitted except in accordance with City’s Sign Ordinance. 12. All applicable federal, state, and City policies, regulations and ordinances, as amended, shall remain in full force and effect, and Licensee shall comply with same. 13. Licensee agrees to abide by its terms and conditions and acknowledges that said license may be revoked by the City of Marlborough for breach of any condition contained therein. APPROVED; adopted..”

Read it in the official minutes, page 16 (PDF)

“ORDERED: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY ADDING A NEW §650-36, ENTITLED “EXECUTIVE RESIDENTIAL OVERLAY DISTRICT,” AS FOLLOWS: §650-36 – EXECUTIVE RESIDENTIAL OVERLAY DISTRICT A. Purpose and Objectives The Executive Residential Overlay District (“EROD”) allows the application of supplemental land use controls within the boundaries of a certain overlay district, subject to City Council approval, as an alternative to land use controls that exist in the underlying district(s). The establishment goals of the EROD are to enhance land use development and encourage desired growth patterns for the benefit of the public health, safety, and welfare by promoting integrated, pedestrian-friendly, residential and mixed-use development with convenient access to employment options in Marlborough’s southwest quadrant and along Interstate 495. B. Location of EROD; Development Phasing 1. For the purposes of this Section (§650-36 et. seq.), the EROD is located on the easterly side of Simarano Drive between the Interstate 495 Interchange and Cedar Hill Road containing approximately 43 acres as indicated on the City Zoning Map and more particularly described in Exhibit “A” annexed hereto and incorporated by reference herein. 2. Within the EROD, there may be one or more phases of development (“ERO Phase”). Each ERO Phase may consist of one or more parcels of land and may include any eligible use set forth in Subsection D below, which may be commingled within a single structure or located in separate structures on one or more parcels. Parcels within the EROD may be combined or subdivided and held under separate ownership or leaseholds. Each ERO Phase shall be subject to Site Plan Approval. 3. Upon the issuance of Site Plan Approval for an ERO Phase on a parcel or parcels in the EROD, this Section (§650-36 et. seq.) shall govern said parcel as developed in accordance with the Site Plan Approval. 4. Except as specifically provided herein, the provisions of the Zoning Ordinance relating to the underlying zoning districts not otherwise impacted by this Section (§650-36 et. seq.) shall continue to remain in full force and effect. In the event of any conflict between the provisions of this Section (§650-36 et. seq.) and any other provision of the Zoning Ordinance, the provisions of this Section (§650-36 et. seq.) shall govern and control. C. Authority of Permit Granting Authority 1. The City Council shall be the Permit Granting Authority for Special Permits and Site Plan Approvals in the EROD. Special Permits shall require a two- thirds vote of the City Council; Site Plan Approvals shall require a simple majority vote. 2. At the request of an applicant as part of an initial application or as part of a modification pursuant to Subsection H, the City Council may elect to vary the dimensional, parking, design, and landscaping requirements applicable to an ERO Phase by Site Plan Approval upon finding that such change shall result in an improved design and will not nullify or substantially derogate from the intent or purpose of this Section (§650-36 et. seq.). 3. An application for Site Plan Approval for an ERO Phase shall comply with Chapter 270 of the Marlborough City Code. An application for a Special Permit for a use in the EROD shall comply with the requirements of §650- 59 of the Zoning Ordinance. D. Eligible Uses 1. The following uses are permitted BY-RIGHT in the EROD: a. Uses allowed by right in the underlying zoning district, as set forth in the Table of Use Regulations, including but not limited to offices, banks, and insurance and financial institutions. b. Accessory uses, as defined in Section 650-5B. 2. The following additional uses are permitted BY SPECIAL PERMIT in the EROD: a. Multifamily Dwellings, provided that the total number of units within the entire EROD shall not exceed 475. b. Restaurant, café with or without table service (including outside seating and service) without drive-thru. c. Restaurant, café with or without table service (including outside seating and service) with drive-thru, provided that said facilities have no dedicated driveway with a curb cut on a public way. d. Health, sports and fitness clubs (indoor and/or outdoor) and related facilities. e. Retail sales and services. f. Brew pubs. g. Distilleries with attached restaurants. h. Accessory solar energy installations, including but not limited to roof- top systems and solar parking canopies. i. Uses allowed by special permit in the underlying zoning district. 3. All uses not specified in Subsection D.1 and Subsection D.2 above shall be deemed prohibited in the EROD. 4. Once an ERO Phase receives Site Plan Approval: a. an individual as-of-right use within the ERO Phase may be changed without further Site Plan Approval, unless such change otherwise requires Site Plan Approval under §270-2 of the Marlborough City Code or a modification to a Site Plan Approval under Subsection H.3; and b. an individual use already granted a special permit within the ERO Phase may be changed upon the grant of a new or modified special permit, as appropriate, for that changed use, and will be subject to Site Plan Approval; provided, however, that if the change is to an as-of- right use in the EROD, no further Site Plan Approval is required unless such change otherwise requires Site Plan Approval under §270-2 of the Marlborough City Code or a modification to a Site Plan Approval under Subsection H.3. 5. Multifamily dwellings in the EROD shall be subject to Section 650-26 of the Zoning Ordinance. E. Dimensional Requirements 1. Notwithstanding any provisions of the Zoning Ordinance to the contrary, development in the EROD shall be subject to the following dimensional standards: a. Minimum Lot Area: none. b. Minimum Lot Frontage: none. c. Minimum Front Yard or Setback from a Public Way: 20 feet. d. Minimum Side and Rear Yard: 25 feet. e. Maximum Building Height: 80 feet, no limitation on stories. f. Maximum Lot Coverage: 60%, over the entire EROD. 2. Notwithstanding anything contained herein to the contrary, there shall be no yard or setback requirements, or planting strips required as to internal lot lines within the EROD. F. Parking Requirements 1. Parking Locations – Parking may be provided at ground level, underground, or in parking garages. Parking garages may be free standing or part of buildings dedicated to other permitted uses. Parking garages may contain accessory solar energy installation. 2. Minimum Required Parking Spaces – An ERO Phase shall provide parking as follows: 1 parking space per bedroom; 1 parking space per 250 square feet of office space; 1 parking space for every 3 seats plus 1 parking space for every 3 employees for a restaurant or other food/beverage service use; and 1 parking space for each 100 square feet of public floor area of other commercial space; provided, however, that the City Council may, through Site Plan Approval, authorize a reduction in the required number of parking spaces upon finding that the parking provided for the ERO Phase is sufficient to meet demand. 3. Parking Space Dimensions – Each parking space shall be no less than 9’ x 18’ except that the use of compact spaces (no smaller than 8’ x 16’) may be utilized throughout provided that no more than 33% of the total parking spaces within an ERO Phase shall be compact spaces. 4. Except as otherwise provided in this Section (§650-36 et. seq.), parking and circulation requirements in the EROD shall conform with the provisions of §650-48 and §650-49 of the Zoning Ordinance. G. Design Standards 1. Design Criteria – An application for Site Plan Approval under this Section (§650-36 et. seq.) shall adhere to the design criteria specified in §270-2 of the Marlborough City Code. 2. Roadways – To the extent feasible, internal roadways shall be constructed using the methods and materials prescribed in the Rules and Regulations for the Subdivision of Land in the City but shall not be required to conform to the subdivision standards or dimensional requirements thereof, provided that those roadways shall be adequate for the intended vehicular and pedestrian traffic. The design of ways and parking circulation should be as efficient as possible to reduce the overall development impact and area of impervious surfaces. 3. Landscaping – Landscaping in the EROD shall conform with the provisions of §650-47 of the Zoning Ordinance. 4. Storm Water Management System – An ERO Phase shall have a storm water management system designed in accordance with the Rules and Regulations for the Subdivision of Land in the City, the Department of Environmental Protection’s Storm Water Management Guidelines, and the City’s Stormwater Ordinance, §271 of the Marlborough City Code. 5. Signage – Except as otherwise provided in this Section (§650-36 et. seq.), signage shall conform to the provisions of §526 of the Marlborough City Code. H. Modifications 1. After approval, applicants may seek modifications to any approved Special Permits or Site Plan Approvals. 2. Special Permits – Major modifications to a Special Permit may be granted by a two-thirds vote of the City Council, and minor modifications to Special Permit may be granted by the Building Commissioner. The Building Commissioner shall have jurisdiction to determine whether a requested modification to a Special Permit is major or a minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment, or the neighborhood. Where the effect of a modification to a Special Permit is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten percent (10%) or greater variation from the applicable approval, provided however, that said modification would not result in a violation of any provision of this Section (§650-36 et. seq.). If it is determined that a modification to a Special Permit is not minor, per §650-59 of the Zoning Ordinance, an application for a revised Special Permit shall be filed, and a public hearing shall be held in the same manner as required for a new application. 3. Site Plan Approvals – Major modifications to a Site Plan Approval may be granted by a majority vote of the City Council, and minor modifications to a Site Plan Approval may be granted by the Building Commissioner. The Building Commissioner shall have jurisdiction to determine whether a requested modification to a Site Plan Approval is major or a minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment, or the neighborhood. Where the effect of a modification to a Site Plan Approval is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten percent (10%) or greater variation from the applicable approval, provided however, that said modification would not result in a violation of any provision of this Section (§650-36 et. seq.). If it is determined that a modification to a Site Plan Approval is not minor, an application for a revised Site Plan Approval shall be filed in accordance with the City Council’s Rules for Site Plan Approval. EXHIBIT A The Executive Residential Overlay District shall include the following parcels of land (herein identified by the Assessors’ Map and Parcel Number): • Assessors Map 116, Parcel 5 • Assessors Map 116, Parcel 11 • Assessors Map 116, Parcel 12 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 18 (PDF)

“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: Be it ordained by the City Council of the City of Marlborough that the Code of the City of Marlborough, as amended, be further amended by amending the Zoning Map established by Chapter 650 Zoning Article III Establishment of Districts Section 650- 8 “Boundaries Established; Zoning Map”. Said Zoning Map is amended by including Assessors Map 82, Parcels 112 and 113 in the Business District. Councilor Delano recused. 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 23 (PDF)