June 22, 2020

“ORDERED: That the Petition from Eversource Energy to install approximately 185’ of 2” IP plastic pipe as a gas main extension on Union Street from 215 Union Street towards Hollis Street, APPROVED WITH THE FOLLOWING CONDITION; adopted. 1. That Eversource complete their ongoing work on Pleasant Street, Bolton Street, and Poirier Drive prior to mobilizing their forces to this project. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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

“ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Gift Acceptance in the amount of $500.00 for the Police Department from James & Marna Rusher for the benefit of the K-9 unit led by Sgt. Ken McKenzie; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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

“ORDERED: That the Transfer Request in the amount of $135.00 which moves funds from Nurse Salary to Senior Clerk Salary to cover the cost associated with an employee promotion in the Health Department, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Board of Health FISCAL YEAR: 2020 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $5,091.77 $135.00 15120001 50390 Nurse $135.00 15120002 50770 Senior Clerk $1,774.38 Reason: Position vacant Increase in pay due to Principal Clerk promotion effective May 25, 2020 $135.00 Total $135.00 Total Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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

“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 “OUTDOOR STORAGE,” by inserting at the end thereof the following sentence: “Outdoor storage shall not include either a contractor’s yard or a landscape contractor’s yard.” b. By inserting the following new definitions: CONTRACTOR’S YARD - Premises 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. LANDSCAPE CONTRACTOR’S YARD – Premises 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. 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 WAYS. Contractor’s Yard (48) N N N N N N N N SP SP N N N N Landscape Contractor’s Yard (48) N N N N N N N N SP SP N 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 (48) as follows: (48) Contractor’s yard and landscape contractor’s yard. (a) Exemptions; Design Standards for Certain Existing Yards. All existing contractor’s yards and landscape contractor’s yards in the CA or LI zoning district as of the date of this amendment that existed prior to December 31, 2014 shall not be required to obtain a special permit, but shall file for site plan review with an as-built plot plan by the City of Marlborough Site Plan Review Committee within nine (9) months of the effective date of this paragraph, and complete site plan review within twenty-four (24) months of the effective date of this paragraph. Said site plan review shall be limited to the following design standards: (1) Screening. To the maximum extent practicable, the 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, to create an effective visual barrier. (2) Vehicles, Equipment and/or Materials. To the maximum extent practicable, all vehicles, equipment and/or materials associated with the yard must be stored on and accessed from impervious or otherwise dust- free surfaces. (3) Flammable, Combustible or Dangerous Substances. A 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. (4) Maximum size of yard. The maximum size of the yard (including all structures, parking and driveways on the lot) shall not exceed the percentage of maximum lot coverage permitted under Section 650-41 for the zoning district in which the lot is located. If the yard exceeds said lot coverage percentage, the yard shall not increase its lot coverage and shall be made compliant within twenty-four (24) months of the effective date of this paragraph. For yards that are in compliance with a prior special permit or site plan approval, no special permit or site plan review is required. (b) Design Standards for All Other Permissible Yards. Yards shall require a special permit, and 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) Screening. 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, to create an effective visual barrier from ground level to a height of at least five (5) feet. (2) Vehicles, Equipment and/or Materials. All vehicles, equipment and/or materials associated with the yard must be stored on and accessed from impervious or otherwise dust-free surfaces. (3) Flammable, Combustible or Dangerous Substances. A 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. (4) Maximum size of yard. The maximum size of the yard, when combined with all structures, parking and driveways on the lot being proposed for the lot on which the 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. (5) Proximity to existing residential zoning districts/uses. (i) Yard shall not be located on a lot less than two hundred (200) feet from a residential zoning district, and on any lot if a residential use is being made of any abutting lot(s); and (ii) Minimum lot area. Minimum area of the lot shall be 22,500 square feet. IV. Zoning Map Amendment The Zoning Map, Section 650-8, is amended by making the following changes: Change a portion of Assessor’s Parcel 85-12, consisting of less than 6.53 +/- acres, being the portion of the property currently zoned Business (B), to the adjacent Light Industrial (LI) District. The proposed Zoning Map change is shown on the attached map. APPROVED. First Reading, suspended; Second Reading, adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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

“Passage to Enroll, adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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

“Passage to Ordain; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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

“ORDERED: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 398, ENTITLED "LICENSES AND PERMITS," AS FOLLOWS: I. Chapter 398, entitled “LICENSES AND PERMITS”, is hereby amended as follows (new text shown as underlined, deleted text shown as strikethrough): A. Section 398-2, entitled "List of delinquent taxpayers,” is amended as follows: The Tax Collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as "the Tax Collector," shall annually, and may periodicallyupon request, furnish to each department, board, commission or division, hereinafter referred to as "the licensing authority," that issues licenses or permits, including renewals and transfers, a list of any person, corporation or business enterprise, hereinafter referred to as "the party," that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve-month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the Appellate Tax Board. APPROVED. First Reading, suspended; Second Reading, adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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

“Passage to Enroll, adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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

“Passage to Ordain; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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

“ORDERED: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED AS FOLLOWS: I. By amending Section 67-10(A), entitled “Comptroller-Treasurer; appointment, term and duties”, by inserting the following sentences at the end of the existing paragraph: Alternatively, the Mayor may, subject to confirmation of the City Council, appoint a Finance Director/Treasurer for a term of three years to expire the day following his/her approval by the City Council. The Finance Director/Treasurer shall be the director of all financial management operations and shall perform all duties of the Comptroller-Treasurer as delineated by City Code. II. By amending Section 67-5 (Auditor, General Duties) by inserting the following sentence as subsection F: The Auditor shall assist and make recommendations to the Mayor in the development and evaluation of the capital and operating budgets and shall be responsible for preparation of budget documentation. III. By amending Chapter 125, entitled “Personnel”, by adding to the salary schedule referenced in Section 125-6, the following: Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Start 6 months of 1 year of 2 years of 3 years of 4 years of 5 years of service service service service service service Finance $102,116.74 $104,159.04 $106,242.23 $108,367.07 $110,534.41 $112,745.10 $115,000.00 Director/ Treasurer Auditor $102,116.74 $104,159.04 $106,242.23 $108,367.07 $110,534.41 $112,745.10 $115,000.00 This ordinance shall supersede and replace any existing rate for said positions (if applicable) in the current salary schedule. APPROVED. First Reading, suspended; Second Reading, adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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

“Passage to Enroll, adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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

“Passage to Ordain; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”

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