← Marlborough City Council

Marlborough City Council · 2018–2019 Council · Regular meeting

November 18, 2019

31 recorded votes, 30 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

During the meeting:

  • Kathleen D. Robey recused from the vote on: Close the public hearing: On the Application for Special Permit from Attorney Brian Falk, on behalf of.

Every vote, in order

Accept and file: Minutes of the City Council meeting, OCTOBER 28, 2019

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes of the City Council meeting, OCTOBER 28, 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, OCTOBER 28, 2019, FILE; adopted..”

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

Close the public hearing: On Application for LED Sign Special Permit from Poyant Signs on behalf of McDonalds, 155 Boston Post Road West

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the PUBLIC HEARING On Application for LED Sign Special Permit from Poyant Signs on behalf of McDonalds, 155 Boston Post Road West, Order No. 19-1007808, 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 Application for LED Sign Special Permit from Poyant Signs on behalf of McDonalds, 155 Boston Post Road West, Order No. 19-1007808, all were heard who wish to be heard, hearing closed at 8:03 PM; adopted..”

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

Close the public hearing: On the Application for Fuel Storage License, One Energy, Inc., for Underground storage of 24,000 gallons of Gasoline and...

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the PUBLIC HEARING On the Application for Fuel Storage License, One Energy, Inc., for Underground storage of 24,000 gallons of Gasoline and 4,000 gallons of Diesel fuel, 121 Bolton Street, identified as Map 57, Parcel 289, Order No. 19-1007823, all were heard who wish to be heard, hearing closed at 8:05 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 Fuel Storage License, One Energy, Inc., for Underground storage of 24,000 gallons of Gasoline and 4,000 gallons of Diesel fuel, 121 Bolton Street, identified as Map 57, Parcel 289, Order No. 19-1007823, all were heard who wish to be heard, hearing closed at 8:05 PM; adopted..”

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

Close the public hearing: On the Application for Pool Table License, Adam Krasinski of Tackle Box Brewing Company LLC, 416 Boston Post Road East

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the PUBLIC HEARING On the Application for Pool Table License, Adam Krasinski of Tackle Box Brewing Company LLC, 416 Boston Post Road East, Order No. 19-1007839, all were heard who wish to be heard, hearing closed at 8:08 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 Pool Table License, Adam Krasinski of Tackle Box Brewing Company LLC, 416 Boston Post Road East, Order No. 19-1007839, all were heard who wish to be heard, hearing closed at 8:08 PM; adopted..”

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

Close the public hearing: On the Application for Special Permit from Attorney Brian Falk, on behalf of David Skarin, to construct a new...

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the PUBLIC HEARING On the Application for Special Permit from Attorney Brian Falk, on behalf of David Skarin, to construct a new residential community to be known as Trailside Terrace at 19 Ash Street, Order No. 19-1007809, all were heard who wish to be heard, hearing closed at 8:26 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 Attorney Brian Falk, on behalf of David Skarin, to construct a new residential community to be known as Trailside Terrace at 19 Ash Street, Order No. 19-1007809, all were heard who wish to be heard, hearing closed at 8:26 PM; adopted..”

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

Close the public hearing: On the Application for Special Permit from Attorney Brian Falk, on behalf of Marlborough Hospital & UMASS Memorial...

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the PUBLIC HEARING On the Application for Special Permit from Attorney Brian Falk, on behalf of Marlborough Hospital & UMASS Memorial Realty, Inc., to add a new Women’s Imaging Center, and seeking a finding to alter a preexisting nonconforming use and alter the preexisting nonconforming lot coverage from 48.2% to 49.2% at 157 & 209 Union Street, Order No. 19-1007824, all were heard who wish to be heard, hearing closed at 8:44 PM; adopted. Councilor Robey 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 Robey recused.”

From the minutes

“ORDERED: That the PUBLIC HEARING On the Application for Special Permit from Attorney Brian Falk, on behalf of Marlborough Hospital & UMASS Memorial Realty, Inc., to add a new Women’s Imaging Center, and seeking a finding to alter a preexisting nonconforming use and alter the preexisting nonconforming lot coverage from 48.2% to 49.2% at 157 & 209 Union Street, Order No. 19-1007824, all were heard who wish to be heard, hearing closed at 8:44 PM; adopted. Councilor Robey recused..”

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

Approve: Transfer Request in the amount of $13,226.30 from Receipts Reserved TNC Surcharge to Capital Outlay-Police Equipment, to fund the...

Minutes, page 2

Adopt orderPassed · Voice vote, names not recorded

ORDERED: That the Transfer Request in the amount of $13,226.30 from Receipts Reserved TNC Surcharge to Capital Outlay-Police Equipment, to fund the purchase of additional traffic enforcement equipment, 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 $13,226.30 from Receipts Reserved TNC Surcharge to Capital Outlay-Police Equipment, to fund the purchase of additional traffic enforcement equipment, APPROVED; adopted..”

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

Accept and file: Communication from the Mayor, re: OPEB (Other Post Employment Benefits) Trust Liability Update

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Communication from the Mayor, re: OPEB (Other Post Employment Benefits) Trust Liability Update, 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 Mayor, re: OPEB (Other Post Employment Benefits) Trust Liability Update, FILE; adopted..”

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

Moved to item 20: Communication from City Solicitor, Jason Grossfield, re: Application for LED Sign Special Permit from Attorney Elizabeth...

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Communication from City Solicitor, Jason Grossfield, re: Application for LED Sign Special Permit from Attorney Elizabeth McDonough Noonan on behalf of Colbea Enterprises, LLC, 342 Boston Post Road East, in proper legal form, Order No. 19-1007670A, MOVED TO ITEM 20; 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, Jason Grossfield, re: Application for LED Sign Special Permit from Attorney Elizabeth McDonough Noonan on behalf of Colbea Enterprises, LLC, 342 Boston Post Road East, in proper legal form, Order No. 19-1007670A, MOVED TO ITEM 20; adopted..”

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

Accept and file: Communication from the MA State Lottery Commission re: Installation of Keno monitor at an existing Keno to Go agent, Pete’s on...

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Communication from the MA State Lottery Commission re: Installation of Keno monitor at an existing Keno to Go agent, Pete’s on The Main, 121 Main Street, 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 MA State Lottery Commission re: Installation of Keno monitor at an existing Keno to Go agent, Pete’s on The Main, 121 Main Street, FILE; adopted..”

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

Accept and file: Communication from various retirees of the City of Marlborough re: Support for increase in COLA pursuant to MGL Chapter 32...

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Communication from various retirees of the City of Marlborough re: Support for increase in COLA pursuant to MGL Chapter 32 §103(j), Order No. 19- 1007689, 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 various retirees of the City of Marlborough re: Support for increase in COLA pursuant to MGL Chapter 32 §103(j), Order No. 19- 1007689, FILE; adopted..”

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

Approve: Special Permit issued to Tigercat Properties LLC, on November 13, 2017 to construct a multifamily dwelling at 487 Lincoln Street, Order...

Minutes, page 3

Adopt orderPassed · Voice vote, names not recorded

ORDERED: That the Special Permit issued to Tigercat Properties LLC, on November 13, 2017 to construct a multifamily dwelling at 487 Lincoln Street, Order No. 16/17- 1006735H, shall lapse within a 3-year period, in accordance with Chapter 650 §59(A)(1) of the City of Marlborough Zoning Ordinance, 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 Special Permit issued to Tigercat Properties LLC, on November 13, 2017 to construct a multifamily dwelling at 487 Lincoln Street, Order No. 16/17- 1006735H, shall lapse within a 3-year period, in accordance with Chapter 650 §59(A)(1) of the City of Marlborough Zoning Ordinance, APPROVED; adopted..”

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

Accept and file: Minutes, School Committee, September 24, 2019

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes, School Committee, September 24, 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, September 24, 2019, FILE; adopted..”

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

Accept and file: Minutes, Commission on Disabilities, September 3, 2019 & October 1, 2019

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes, Commission on Disabilities, September 3, 2019 & October 1, 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, September 3, 2019 & October 1, 2019, FILE; adopted..”

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

Accept and file: Minutes, High School Council, October 24, 2019

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes, High School Council, October 24, 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, High School Council, October 24, 2019, FILE; adopted..”

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

Accept and file: Minutes, Retirement Board, August 27, 2019 & September 24, 2019

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes, Retirement Board, August 27, 2019 & September 24, 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, Retirement Board, August 27, 2019 & September 24, 2019, FILE; adopted..”

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

Accept and file: Minutes, Traffic Commission, September 25, 2019

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes, Traffic Commission, September 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, Traffic Commission, September 25, 2019, FILE; adopted..”

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

Accept and file: Minutes, Zoning Board of Appeals, October 22, 2019

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Minutes, Zoning Board of Appeals, October 22, 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, Zoning Board of Appeals, October 22, 2019, FILE; adopted..”

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

Refer to the Legal Department: Following CLAIMS

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the following CLAIMS, refer to the LEGAL DEPARTMENT; 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 following CLAIMS, refer to the LEGAL DEPARTMENT; adopted..”

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

Suspend the rules

Minutes, page 9

ProceduralPassed · Voice vote, names not recorded

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..”

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

Approve: Transfer Request in the amount of $322,873.25 which moves funds from Reserved for Salaries to various accounts within the Fire Department...

Minutes, page 9

Adopt orderPassed · Voice vote, names not recorded

ORDERED: That the Transfer Request in the amount of $322,873.25 which moves funds from Reserved for Salaries to various accounts within the Fire Department to fund the contract with the Firefighters Local 1714, for the period July 1, 2018 to June 30, 2021, be and is herewith 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 $322,873.25 which moves funds from Reserved for Salaries to various accounts within the Fire Department to fund the contract with the Firefighters Local 1714, for the period July 1, 2018 to June 30, 2021, be and is herewith APPROVED; adopted..”

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

Approve: City Clerk advertise MONDAY, DECEMBER 2, 2019 as DATE FOR THE JOINT PUBLIC HEARING with the Board of Assessors to determine the...

Minutes, page 11

Adopt orderPassed · Voice vote, names not recorded

ORDERED: That the City Clerk advertise MONDAY, DECEMBER 2, 2019 as DATE FOR THE JOINT PUBLIC HEARING with the Board of Assessors to determine the percentage of the local tax levy to be borne by each class of property for Fiscal Year 2020. Massachusetts General Laws Chapter 40, Section 56 sets forth the procedures and responsibilities under the law, 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 Clerk advertise MONDAY, DECEMBER 2, 2019 as DATE FOR THE JOINT PUBLIC HEARING with the Board of Assessors to determine the percentage of the local tax levy to be borne by each class of property for Fiscal Year 2020. Massachusetts General Laws Chapter 40, Section 56 sets forth the procedures and responsibilities under the law, APPROVED; adopted..”

Read it in the official minutes, page 11 (PDF)

Suspend the rules

Minutes, page 11

ProceduralPassed · Voice vote, names not recorded

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..”

Read it in the official minutes, page 11 (PDF)

Refer to the City Solicitor to Be Placed in Proper Legal Form for the December 2, 2019...: Application for Site Plan Approval from Post Road...

Minutes, page 11

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Application for Site Plan Approval from Post Road Realty, LLC for The Green District project to be built in the Executive Residential Overlay District (EROD), at 107 Simarano Drive, refer to CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE DECEMBER 2, 2019 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 Application for Site Plan Approval from Post Road Realty, LLC for The Green District project to be built in the Executive Residential Overlay District (EROD), at 107 Simarano Drive, refer to CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE DECEMBER 2, 2019 COUNCIL MEETING; adopted..”

Read it in the official minutes, page 11 (PDF)

Suspend the rules

Minutes, page 12

ProceduralPassed · Voice vote, names not recorded

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..”

Read it in the official minutes, page 12 (PDF)

Refer to the City Solicitor to Be Placed in Proper Legal Form for the December 2, 2019...: Application for Special Permit from Attorney Brian...

Minutes, page 12

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Application for Special Permit from Attorney Brian Falk, on behalf of One Energy, Inc., to authorize the alteration of a preexisting nonconforming gas station use, to a gas station, convenience store and restaurant/cafe use at 121 Bolton Street, refer to CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE DECEMBER 2, 2019 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 Application for Special Permit from Attorney Brian Falk, on behalf of One Energy, Inc., to authorize the alteration of a preexisting nonconforming gas station use, to a gas station, convenience store and restaurant/cafe use at 121 Bolton Street, refer to CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE DECEMBER 2, 2019 COUNCIL MEETING; adopted..”

Read it in the official minutes, page 12 (PDF)

Suspend the rules

Minutes, page 12

ProceduralPassed · Voice vote, names not recorded

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..”

Read it in the official minutes, page 12 (PDF)

Refer to the City Solicitor to Be Placed in Proper Legal Form for the December 2, 2019...: Application for Special Permit from Post Road Realty...

Minutes, page 12

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Application for Special Permit from Post Road Realty, LLC to construct a multi-family residential project known as the Green District in the Executive Residential Overlay District (EROD) which will consist of 475 units in two buildings at 107 Simarano Drive, Map 116, Parcels 5, 11 & 12, refer to CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE DECEMBER 2, 2019 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 Application for Special Permit from Post Road Realty, LLC to construct a multi-family residential project known as the Green District in the Executive Residential Overlay District (EROD) which will consist of 475 units in two buildings at 107 Simarano Drive, Map 116, Parcels 5, 11 & 12, refer to CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE DECEMBER 2, 2019 COUNCIL MEETING; adopted..”

Read it in the official minutes, page 12 (PDF)

Accept and file: Communication from City Solicitor, Jason Grossfield, re: Application for LED Sign Special Permit from Attorney Elizabeth...

Minutes, page 12

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Communication from City Solicitor, Jason Grossfield, re: Application for LED Sign Special Permit from Attorney Elizabeth McDonough Noonan on behalf of Colbea Enterprises, LLC, 342 Boston Post Road East, in proper legal form, Order No. 19-1007670A, 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, Jason Grossfield, re: Application for LED Sign Special Permit from Attorney Elizabeth McDonough Noonan on behalf of Colbea Enterprises, LLC, 342 Boston Post Road East, in proper legal form, Order No. 19-1007670A, FILE; adopted..”

Read it in the official minutes, page 12 (PDF)

Grant special permit decision: an LED Sign Ordinance Special Permit to Colbea Enterprises

Minutes, page 12

Adopt orderPassed · Unanimous, 11 present

ORDERED: DECISION ON A LED SIGN SPECIAL PERMIT IN CITY COUNCIL LED Sign Special Permit Colbea Enterprises, LLC 342 Boston Post Road East Order No. 19-1007670B DECISION ON A LED SIGN SPECIAL PERMIT CITY COUNCIL ORDER NO. 19-1007670B The City Council of the City of Marlborough hereby GRANTS the application for an LED Sign Ordinance Special Permit to Colbea Enterprises, LLC, 7 Starline Drive, Cranston, Rhode Island (the “Applicant”), as provided in this Decision and subject to the following Procedural Findings and Findings of Facts and Conditions. FINDINGS OF FACT AND RULING 1. The Applicant is the owner of the property located at 342 Boston Post Road East, Marlborough, Massachusetts, as shown on the Marlborough Assessors Maps as Map 59, Parcel 11 (the “Site”) and operates/will operate a gasoline station. 2. The Applicant seeks an LED Sign Special Permit, pursuant to Section 526-13 of the Code of the City of Marlborough entitled, “Electronic Message Center Signs and Digital Display Signs” (the “EMC and Digital Display Sign Ordinance”), to operate an electronic message center sign (the “Sign”) at the Site (the “Application”). 3. The Sign is one (1) internally illuminated LED EMC sign with a 6’1” by 16’5 ¼” (100 sq. ft.) electronic message board on an existing pole. 4. In connection with the Application, the Applicant has submitted schematic design of the Site and a sketch plan showing the location of the Sign on the Site (as shown in Exhibit A). 5. The Marlborough City...

From the minutes

“ORDERED: DECISION ON A LED SIGN SPECIAL PERMIT IN CITY COUNCIL LED Sign Special Permit Colbea Enterprises, LLC 342 Boston Post Road East Order No. 19-1007670B DECISION ON A LED SIGN SPECIAL PERMIT CITY COUNCIL ORDER NO. 19-1007670B The City Council of the City of Marlborough hereby GRANTS the application for an LED Sign Ordinance Special Permit to Colbea Enterprises, LLC, 7 Starline Drive, Cranston, Rhode Island (the “Applicant”), as provided in this Decision and subject to the following Procedural Findings and Findings of Facts and Conditions. FINDINGS OF FACT AND RULING 1. The Applicant is the owner of the property located at 342 Boston Post Road East, Marlborough, Massachusetts, as shown on the Marlborough Assessors Maps as Map 59, Parcel 11 (the “Site”) and operates/will operate a gasoline station. 2. The Applicant seeks an LED Sign Special Permit, pursuant to Section 526-13 of the Code of the City of Marlborough entitled, “Electronic Message Center Signs and Digital Display Signs” (the “EMC and Digital Display Sign Ordinance”), to operate an electronic message center sign (the “Sign”) at the Site (the “Application”). 3. The Sign is one (1) internally illuminated LED EMC sign with a 6’1” by 16’5 ¼” (100 sq. ft.) electronic message board on an existing pole. 4. In connection with the Application, the Applicant has submitted schematic design of the Site and a sketch plan showing the location of the Sign on the Site (as shown in Exhibit A). 5. The Marlborough City Council held a public hearing on the Application on October 21, 2019. 6. The Applicant, through its representatives, presented testimony at the public hearing detailing the Sign. No individual in attendance at the public hearing spoke in opposition to the Sign. 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 application for a special permit under the EMC and Digital Display Sign Ordinance. B. The City Council finds that the Sign complies with the standards set forth in Section 526-13.B of the EMC and Digital Display Sign Ordinance. C. The City Council finds, pursuant to Section 526-13.B(16) of the EMC and Digital Display Sign Ordinance, that: all other signage on the Site is in compliance with zoning requirements; the Sign does not create unnecessary visual clutter or constitute signage overload for the lot or surrounding neighborhood or street; the Sign does not substantially block visibility of signs on abutting lots; the Sign does not substantially block solar access of, or the view from, windows of residential dwellings on abutting lots; the proposed illumination is appropriate to the Site and is appropriately located with respect to the character of the surrounding neighborhood; the scale and/or location of the Sign is appropriate; and the dimensions of the Sign comply with the area limitations of the EMC and Digital Display Sign Ordinance. D. The City Council, pursuant to its authority under the EMC and Digital Display Sign Ordinance, hereby GRANTS the Applicant a special permit for the Sign, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. The Sign shall be operated in accordance with the EMC and Digital Display Sign Ordinance of the City of Marlborough and shall conform to the Sign Ordinance of the City of Marlborough. Yea: 11 – Nay: 0 Yea: Delano, Doucette, Dumais, Tunnera, Irish, Clancy, Landers, Juaire, Oram, Ossing, & Robey..”

Read it in the official minutes, page 12 (PDF)

Adjourn

Minutes, page 13

ProceduralPassed · Voice vote, names not recorded

ORDERED: There being no further business, the regular meeting of the City Council is herewith adjourned at 9:07 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 9:07 PM; adopted..”

Read it in the official minutes, page 13 (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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