June 17, 2019

“ORDERED: That the Reappointment of Chief David Giorgi as Keeper of the Lockup for a term of one year, APPROVED; adopted..”

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“ORDERED: That the Communication from Code Enforcement Officer, Ethan Lippitt, re: Request for Sign together with application of, Synopsys, 11 Apex Drive, within the HRMUOD, APPROVED; adopted..”

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“ORDERED: That a Communication be sent to the MA State Lottery Commission, in opposition to the issuance of a Keno Monitor to the existing Keno To Go agent, Marlboro Smoke Shop, 170 Pleasant Street, APPROVED; adopted..”

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“ORDERED: That Transfer Request in the amount of $1,752,958.50 for various department Capital Requests, APPROVED; adopted..”

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“ORDERED: That the Transfer Request for the Department of Public Works in the amount of $49,090.00 00 to fund the recently ratified 3-year contract with the DPW Engineers Local 176 through FY2021, APPROVED; adopted..”

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“ORDERED: That the Transfer Request for the Legal Department in the amount of $6,000.00 from Reserved for Salaries to City Solicitor to fund the position for the remainder of FY19, APPROVED; adopted..”

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“ORDERED: That the Petition from Comcast, to install new underground 3” PVC conduit for approximately 1055’ and (3) 2’ x 3’ vaults starting at 46 Lizotte Drive to service to 130 Lizotte Drive, APPROVED; adopted..”

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“ORDERED: That the Petition from MA Electric to install a new pole 47-84 to use as a stub pole for poles 47 and 47-5 on Bolton Street, APPROVED; adopted..”

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“ORDERED: That the Petition from Massachusetts Electric and Verizon New England, to relocate Pole and anchor #6 to the opposite side of Boudreau Avenue to accommodate a city road widening project, APPROVED; adopted..”

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“ORDERED: That the Transfer Request for the Department of Public Works in the amount of $1,325,300.00 which moves funds from Undesignated to Overtime-Snow & Ice, Snow Removal and Operating Expenses in the amounts of $280,300.00, $395,000.00 & $650,000.00 respectively to fund FY19 deficit, APPROVED; adopted..”

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“ORDERED: That the Transfer Request in the amount of $388,000.00 which moves funds from Meals Tax Revenue Account to fund FY19 bond payments associated with Parks & Recreation improvements, APPROVED; adopted..”

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“ORDERED: That the Transfer Request for the Department of Public Works in the amount of $58,000.00 which moves funds to and from various accounts within Public Works, to fund park maintenance, consultant fees and roof and masonry repairs at the DPW, APPROVED; adopted..”

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“ORDERED: That the Transfer Request for the Human Resources Department in the amount of $16,900.00 from Reserved for Salaries to Sick Leave Buy Back and Human Resources Director to fund the retirement benefit for David Brumby who will be retiring effective July 1, 2019, APPROVED; adopted..”

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“ORDERED: That the Transfer Request in the amount of $4,500.00 which moves funds from Undesignated to Stabilization-Open Space from wireless antenna payments received in FY18, APPROVED; adopted..”

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“ORDERED: That no more than seventy-five thousand dollars ($75,000.00) shall be expended from the Public Safety Revolving Fund during fiscal year 2020, unless otherwise authorized by City Council and Mayor, APPROVED; adopted..”

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“ORDERED: That no more than three hundred fifty thousand dollars ($350,000.00) shall be expended from the Parks and Recreation Revolving Fund during fiscal year 2020, unless otherwise authorized by City Council and Mayor, APPROVED; adopted..”

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“ORDERED: That no more than seventy thousand dollars ($70,000.00) shall be expended from the Council on Aging Revolving Fund during fiscal year 2020, unless otherwise authorized by City Council and Mayor, APPROVED; adopted..”

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“ORDERED: DECISION FOR SPECIAL PERMIT THOMAS CODER 21 Patten Drive, Marlborough, MA CITY OF MARLBOROUGH CITY COUNCIL ORDER NO. 19-1007612C DECISION ON AN APPLICATION FOR SPECIAL PERMIT The City Council of the City of Marlborough hereby GRANTS the application for a Special Permit to Thomas P. Coder of 21 Patten Drive, Marlborough MA 01752, as provided in this Decision and subject to the following Findings of Fact and Conditions: PROCEDURAL FINDINGS 1. Thomas Coder, with an address of 21 Patten Drive, Marlborough, MA 01752, is the owner of real property located at 21 Patten Drive, Marlborough, MA 01752 (the “Applicant”). 2. The Applicant is the owner of said real property which is described in a deed recorded with the Middlesex South District Registry of Deeds at Book 71802, Page 461, and identified on the City of Marlborough Assessor’s Maps as Map 5, Parcel 80 (the “Site”). 3. The Applicant, on or about March 11, 2019 filed with the City Clerk of the City of Marlborough an Application to City Council for Issuance of Special Permit (the “Application”) under Section 12, Paragraph B. of Chapter 650 (Zoning) of the Code of the City of Marlborough to demolish the existing one story single-family dwelling located on the Site and to construct a new two story single-family dwelling on a new poured concrete foundation footprint (the “Project”). 4. The Application consisted of an original and two copies of the following: (a) Application to the City Council for Issuance of Special Permit, (b) Special Permit- Summary Impact Statement, (c) Filing Fee check in the amount of $300.00, (d) Plan Delivery Certification, (e) Tax Payment Certification, (f) Abutters List, (g) Existing and Preliminary Site Plans, (h) Architectural Drawings, (i) Certificate of Completeness of Application, and (j) Zoning Denial Letter (dated March 4th, 2019), (collectively the “Documents”), which Documents are incorporated herein and become a part of this Decision. Eleven sets of documents were delivered to the City Council and one set each to the Police Chief, the Fire Chief, the City Planner (Building Commissioner), the City Engineer, and the Conservation Officer, all in accordance with Section 59 of Chapter 650 of the Zoning Code of the City of Marlborough. 5. In accordance with the Rules and Regulations of the City Council and Massachusetts General Laws Chapter 40A, Sections 9 and 11, the City Council established a date for a public hearing on the Application, caused to be advertised notice of said hearing and the date thereof in the Marlborough Enterprise. All necessary abutters, as certified by the Office of the Marlborough Assessors, were provided notice as required by law. 6. The Marlborough City Council held a public hearing on the Application on April 29th, 2019 in accordance with the published notice (the “Public Hearing”). The time for the City Council to take final action on the Application is July 29th, 2019. 7. The Applicant presented testimony at the Public Hearing detailing the Project, its impact upon the neighborhood, and such issues as the City Council and members of the public deemed appropriate. Members of the public had the opportunity to testify at the Public Hearing. Subjects of concern were the deteriorated condition of the existing single-family dwelling, the proposed new two-story single-family dwelling, on a new concrete foundation. 8. The Site, located in the A-3 zoning district, has side setback of 11.5’ to the foundation and 9.5’ to the roof. With a rear setback reduced to 22 feet and is comprised of approximately 1,767 SF of land. Chapter 650-41 of the Zoning Code of the City of Marlborough requires 15′ side setback and a lot size of 5,000 SF. 9. The Building Commissioner has determined that the existing single-story single- family dwelling is a legal pre-existing nonconforming structure with respect to lot size and setbacks, and that the proposed two-story single-family dwelling would increase or intensify the nonconformities of said structure. The proposed single- family dwelling would conform to requirements of the City of Marlborough Zoning Code in all respects except for the side yard, back yard setback requirements. Thus, the proposed reconstruction of the dwelling with an additional second floor within setback area intensifies the pre-existing legally non-conformity structure and requires a special permit from the City Council. The Zoning Denial Letter of the Building Commissioner, dated March 4th, 2019, is attached hereto as “Attachment A.” 10. The existing site plan submitted with the Application (as thereafter revised to its current attached version, if applicable) is entitled, “ZBA Petition Plan, 21 Patten Drive, Marlborough MA; Prepared for Thomas Coder” by Connorstone Engineering, 10 Southwest Cutoff, Suite 7, Northborough, MA 01532, graphic scale 1″ = 20´, dated March 7, 2019, attached hereto as “Attachment B.” 11. The architectural drawings submitted with the Application are entitled “Coder Residence, 21 Patten Drive, Marlborough, MA,” by Silver Street Architects. Daniel Wezniak, AIA, dated February 5, 2019 (the “Architectural Drawings” A-0, A-1, A- 2, A-3, A-4, A-5) and are attached hereto as “Attachment C”. BASED ON THE ABOVE, THE MARLBOROUGH CITY COUNCIL MAKES THE FOLLOWING FINDING OF FACT AND TAKES THE FOLLOWING ACTIONS: A. The City Council finds that it may grant a Special Permit subject to such terms and conditions as it deems necessary and reasonable to protect the citizens of the City of Marlborough (also referenced herein as the “City”). B. The City Council finds the Application for the Special Permit does not derogate from the intent or purpose of the Zoning Ordinance of the City of Marlborough. C. The Applicant has complied with all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. D. The City Council makes these findings subject to the completion and adherence by the Applicant, his successors and/or assigns to the conditions more fully set forth herein. E. The City Council finds that the expansion or alteration of the existing legally nonconforming one story single-family structure, by demolition thereof and construction of the proposed new two story single-family dwelling, is not substantially more detrimental to the neighborhood than the existing non- conforming structure, that it is an appropriate use, and that is 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. F. 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 Special Permit to build a single-family dwelling as shown on the Plans filed, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, his successors and/or assigns: 1. Construction in Accordance with Applicable Laws. Construction of all structures on the Site is to be in accordance with all applicable Building Codes and Zoning Regulations in effect in the City of Marlborough and the Commonwealth of Massachusetts and shall be built according to the Site Plan and Architectural Drawings as may be subject to minor modifications with approval of the Building Commissioner. 2. No additional decks. No deck(s) shall be constructed or permitted beyond what is expressly shown on the Plan in Attachment B. 3. Recording of Special Permit. In accordance with the provisions of Massachusetts General Laws c. 40A, Section 11, the Applicant at his expense shall record this Special Permit in the Middlesex South District Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing the Special Permit has elapsed with no appeal having been filed, and before the Applicant shall apply to the Building Commissioner for a building permit concerning the proposed expansion. Applicant shall provide a copy of the recorded Special Permit to the City Council’s office, to the Building Department and to the City Solicitor’s office. APPROVED; adopted. Yea: 10 – Nay: 0 – Abstain: 1 Yea: Doucette, Dumais, Tunnera, Irish, Clancy, Landers, Juaire, Oram, Ossing & Robey. Abstain: Delano..”

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“ORDERED: That the City Council for the City of Marlborough hereby accepts from AvalonBay Orchards, Inc., a Maryland corporation, with an address of 671 N. Glebe Road, Suite 800, Arlington, Virginia 22203 (the “Grantor”), a Grant of Public Trail Easement on a certain portion of the Grantor’s land located at 91 Boston Post Road East, Marlborough, Massachusetts. The Public Trail Easement consists of an area of 25,250 s.f. (0.580 acres) and is ten (10) feet in width in the location approximately shown as “Trail Easement” on the plan attached to the Grant of Public Trail Easement as Exhibit A, entitled “Easement Plan, Avalon Orchards, Boston Post Road, Marlborough, Mass.,” dated May 22, 2003, prepared by Harry R. Feldman, Inc., Land Surveyors, 112 Shawmut Avenue, Boston, Mass. 02118; Scale: 1″=50′ (2 sheets) (the “Plan”). The Plan is to be recorded along with the Grant of Public Trail Easement at the Middlesex County (South District) Registry of Deeds. The Public Trail Easement is for the purpose of providing the perpetual right and non- exclusive easement for the general public to pass and repass on an approximately five (5) foot wide trail located within the Public Trail Easement for walking, hiking, jogging, snowshoeing, horseback riding, cross-country skiing and other non- motorized outdoor recreational activities that do not materially alter the landscape, do not degrade environmental quality, and do not involve more than minimal use for commercial recreational activities, APPROVED; adopted..”

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“ORDERED: That the Conservation Restriction for AvalonBay Orchards, 91 Boston Post Road East, endorsed by the City Council and the Conservation Commission, APPROVED; adopted..”

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“ORDERED: That the Regulatory Agreement for AvalonBay Orchards, 91 Boston Post Road East, which will extend to the year 2045 the ability to count all 156 rental units in the property as affordable units, APPROVED; adopted..”

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“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, APPROVED; adopted..”

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“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, APPROVED; adopted. Councilor Dumais recused..”

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“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, APPROVED; adopted..”

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“ORDERED: That 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, APPROVED; adopted..”

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