MassVoter.com← Marlborough City CouncilMarlborough City Council · 2020–2021 Council · Regular meeting
September 14, 2020
21 recorded votes, 6 with disagreement.
Sources: Official minutes (PDF) · City meeting page
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Note on these minutes: Mark A. Oram, Samantha Perlman, Kathleen D. Robey and Laura J. Wagner took part remotely (under the Governor’s emergency order, every vote was taken by roll call).
Present: Mark A. Oram, Michael H. Ossing, Samantha Perlman, Kathleen D. Robey, Laura J. Wagner, David Doucette, Christian Dumais, Robert J. Tunnera, John J. Irish, Sean A. Navin, Donald R. Landers
Absent: None
Every vote, in order
Accept and file: Minutes of the City Council meeting, August 24, 2020
ORDERED: That the Minutes of the City Council meeting, August 24, 2020, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED: That the Minutes of the City Council meeting, August 24, 2020, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Close the public hearing: Application for Special Permit from Local Roots NE Inc., to operate an Adult Use Marijuana Retail Dispensary, 910 Boston...
ORDERED: That the PUBLIC HEARING on the Application for Special Permit from Local Roots NE Inc., to operate an Adult Use Marijuana Retail Dispensary, 910 Boston Post Road East, Suite 100, Order No. 20-1008062, all were heard who wish to be heard, hearing closed at 8:44 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 Local Roots NE Inc., to operate an Adult Use Marijuana Retail Dispensary, 910 Boston Post Road East, Suite 100, Order No. 20-1008062, all were heard who wish to be heard, hearing closed at 8:44 PM; adopted..”
Refer to the Finance Committee: Transfer Request in the amount of $440,000.00 which moves funds from Economic Development to MEDC Funding to fund...
ORDERED: That the Transfer Request in the amount of $440,000.00 which moves funds from Economic Development to MEDC Funding to fund the purchase of 481 Elm Street as a potential site of the west-side fire station, refer to FINANCE COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED: That the Transfer Request in the amount of $440,000.00 which moves funds from Economic Development to MEDC Funding to fund the purchase of 481 Elm Street as a potential site of the west-side fire station, refer to FINANCE COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Refer to the Finance Committee and Ordered Advertised: Proposed Salary Ordinance Amendment to Chapter 125 §6 of the Code of the City of...
ORDERED: That the Proposed Salary Ordinance Amendment to Chapter 125 §6 of the Code of the City of Marlborough relative to the position of Comptroller/Treasurer as submitted by the Mayor, refer to FINANCE COMMITTEE and ORDERED ADVERTISED; adopted. 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 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. 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 1 year 2 years 3 years 4 years 5 years of service of service of service of service of service of service Comptroller - $130,531.79 $133,142.43 $135,805.27 $138,521.38 $141,291.81 $144,117.64 $147,000.00 Treasurer II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. The mayor is authorized to waive a maximum of two (2) steps on the salary schedule for this position, subject to available appropriation. III. The effective date of these amendments shall be September 28, 2020. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED: That the Proposed Salary Ordinance Amendment to Chapter 125 §6 of the Code of the City of Marlborough relative to the position of Comptroller/Treasurer as submitted by the Mayor, refer to FINANCE COMMITTEE and ORDERED ADVERTISED; adopted. 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 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. 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 1 year 2 years 3 years 4 years 5 years of service of service of service of service of service of service Comptroller - $130,531.79 $133,142.43 $135,805.27 $138,521.38 $141,291.81 $144,117.64 $147,000.00 Treasurer II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. The mayor is authorized to waive a maximum of two (2) steps on the salary schedule for this position, subject to available appropriation. III. The effective date of these amendments shall be September 28, 2020. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
ORDERED: That the Proposed Salary Ordinance Amendment to Chapter 125 §6 of the Code of the City of Marlborough relative to the position of Director of Veterans’ Services as submitted by the Mayor, refer to FINANCE COMMITTEE and ORDERED ADVERTISED; adopted. 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 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. 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 1 year 2 years 3 years 4 years 5 years of service of service of service of service of service of service Veterans’ $63,933.94 $65,212.62 $66,516.87 $67,847.21 $69,204.15 $70,588.24 $72,000.00 Director II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. The mayor is authorized to waive a maximum of two (2) steps on the salary schedule for this position, subject to available appropriation. III. The effective date of these amendments shall be September 28, 2020. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED: That the Proposed Salary Ordinance Amendment to Chapter 125 §6 of the Code of the City of Marlborough relative to the position of Director of Veterans’ Services as submitted by the Mayor, refer to FINANCE COMMITTEE and ORDERED ADVERTISED; adopted. 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 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. 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 1 year 2 years 3 years 4 years 5 years of service of service of service of service of service of service Veterans’ $63,933.94 $65,212.62 $66,516.87 $67,847.21 $69,204.15 $70,588.24 $72,000.00 Director II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. The mayor is authorized to waive a maximum of two (2) steps on the salary schedule for this position, subject to available appropriation. III. The effective date of these amendments shall be September 28, 2020. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Refer to the Finance Committee: Proposed Job Description as updated for the Director of Veterans’ Services position as submitted by the Mayor
ORDERED: That the Proposed Job Description as updated for the Director of Veterans’ Services position as submitted by the Mayor, refer to FINANCE COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED: That the Proposed Job Description as updated for the Director of Veterans’ Services position as submitted by the Mayor, refer to FINANCE COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Refer to the Finance Committee and Ordered Advertised. Be It Ordained By the City Council...: Proposed Salary Ordinance Amendment to Chapter 125...
ORDERED: That the Proposed Salary Ordinance Amendment to Chapter 125 §6 of the Code of the City of Marlborough relative to the position of Paralegal as submitted by the Mayor, refer to FINANCE COMMITTEE and ORDERED ADVERTISED. 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 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. 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 1 year 2 years 3 years 4 years 5 years of service of service of service of service of service of service Paralegal $51,200.33 $52,224.34 $53,268.82 $54,334.20 $55,420.88 $56,529.30 $57,659.89 II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. The mayor is authorized to waive a maximum of two (2) steps on the salary schedule for this position, subject to available appropriation. III. The effective date of these amendments shall be September 28, 2020. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED: That the Proposed Salary Ordinance Amendment to Chapter 125 §6 of the Code of the City of Marlborough relative to the position of Paralegal as submitted by the Mayor, refer to FINANCE COMMITTEE and ORDERED ADVERTISED. 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 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. 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 1 year 2 years 3 years 4 years 5 years of service of service of service of service of service of service Paralegal $51,200.33 $52,224.34 $53,268.82 $54,334.20 $55,420.88 $56,529.30 $57,659.89 II. This ordinance shall supersede and replace any existing rate for said position (if applicable) in the current salary schedule. The mayor is authorized to waive a maximum of two (2) steps on the salary schedule for this position, subject to available appropriation. III. The effective date of these amendments shall be September 28, 2020. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Refer to the Finance Committee: Proposed Job Description as updated for the Paralegal position as submitted by the Mayor
ORDERED: That the Proposed Job Description as updated for the Paralegal position as submitted by the Mayor, refer to FINANCE COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED: That the Proposed Job Description as updated for the Paralegal position as submitted by the Mayor, refer to FINANCE COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Refer to the Finance Committee and Ordered Advertised: Proposed Amendment to the Code of the City of Marlborough, Chapter 328 “Fees”, making...
ORDERED: That the Proposed Amendment to the Code of the City of Marlborough, Chapter 328 “Fees”, making changes to §2 “Fire Department Fees” as recommended by the Mayor and Fire Chief, refer to FINANCE COMMITTEE and ORDERED ADVERTISED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED: That the Proposed Amendment to the Code of the City of Marlborough, Chapter 328 “Fees”, making changes to §2 “Fire Department Fees” as recommended by the Mayor and Fire Chief, refer to FINANCE COMMITTEE and ORDERED ADVERTISED; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Moved to item 14: Communication from Assistant City Solicitor Jason Piques, re: Application for LED Sign Special Permit, from William Camuso on...
ORDERED: That the Communication from Assistant City Solicitor Jason Piques, re: Application for LED Sign Special Permit, from William Camuso on behalf of Lincoln 431 LLC, (Shell Station) 431 Lincoln Street, in proper legal form, Order No. 20-1007948G, MOVED TO ITEM 14; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED: That the Communication from Assistant City Solicitor Jason Piques, re: Application for LED Sign Special Permit, from William Camuso on behalf of Lincoln 431 LLC, (Shell Station) 431 Lincoln Street, in proper legal form, Order No. 20-1007948G, MOVED TO ITEM 14; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Accept and file: Communication from the Retirement Board re: Consideration of a cost of living increase (COLA) pursuant to MGL Chapter 32, §103(i)
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. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
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. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Refer to the Public Services Committee: Application for a Livery License from Eduard Zholudev d/b/a Easy Airport Limo Services, to operate at 15...
ORDERED: That the Application for a Livery License from Eduard Zholudev d/b/a Easy Airport Limo Services, to operate at 15 Indian Lane, refer to PUBLIC SERVICES COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED: That the Application for a Livery License from Eduard Zholudev d/b/a Easy Airport Limo Services, to operate at 15 Indian Lane, refer to PUBLIC SERVICES COMMITTEE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Accept and file: Minutes of following Boards, Commissions and Committees
ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted. a) School Committee, July 14, 2020, July 28, 2020 & August 11, 2020. b) Cultural Council, September 8, 2020. c) Commission on Disabilities, March 10, 2020 & July 7, 2020. d) Fort Meadow Commission, September 19, 2019, May 21, 2020, June 18, 2020 & July 16, 2020. e) Historical Commission, July 23, 2020. f) Planning Board, July 20, 2020. g) Traffic Commission, July 29, 2020. h) Zoning Board of Appeals, August 10, 2020. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted. a) School Committee, July 14, 2020, July 28, 2020 & August 11, 2020. b) Cultural Council, September 8, 2020. c) Commission on Disabilities, March 10, 2020 & July 7, 2020. d) Fort Meadow Commission, September 19, 2019, May 21, 2020, June 18, 2020 & July 16, 2020. e) Historical Commission, July 23, 2020. f) Planning Board, July 20, 2020. g) Traffic Commission, July 29, 2020. h) Zoning Board of Appeals, August 10, 2020. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Refer to the Legal Department: Following CLAIMS
ORDERED: That the following CLAIMS, refer to the LEGAL DEPARTMENT; adopted. a) Kevin Shepard, 106 Violetwood Circle, other property damage and/or personal injury. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED: That the following CLAIMS, refer to the LEGAL DEPARTMENT; adopted. a) Kevin Shepard, 106 Violetwood Circle, other property damage and/or personal injury. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Refer to the Urban Affaris Committee: City Council consider the feasibility of adopting a process whereby murals will be allowed in the city as a...
ORDERED: That the City Council consider the feasibility of adopting a process whereby murals will be allowed in the city as a means to further the cultural and artistic value of the city’s downtown district (Submitted by Councilor Perlman), refer to URBAN AFFARIS COMMITTEE; adopted. Yea: 10 – Nay: 1 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Perlman, & Robey. Nay: Ossing.
Yes: Doucette, Dumais, Irish, Landers, Navin, Oram, Perlman, Robey, Tunnera, WagnerNo: Ossing
From the minutes
“ORDERED: That the City Council consider the feasibility of adopting a process whereby murals will be allowed in the city as a means to further the cultural and artistic value of the city’s downtown district (Submitted by Councilor Perlman), refer to URBAN AFFARIS COMMITTEE; adopted. Yea: 10 – Nay: 1 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Perlman, & Robey. Nay: Ossing..”
Second Reading: Zoning ordinance amendment (MGL Chapter 40A §5): zoning ordinance of the city of marlborough, as amended,
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 the land off Valley Street owned by Marlborough HUB, LLC., shown on Assessor’s Map 82 as Parcel 125, presently zoned partly “Residence C” and partly “Industrial”, be rezoned entirely as “Residence C”, as said industrial portion parcel 125 is contiguous to the proponent’s residentially zoned portion of Assessors’ Parcel 125, and neither contiguous to any other industrially zoned land, and not practical or feasible for lawful industrial uses. APPROVED. First Reading suspended; Second Reading, adopted. Yea: 8 – Nay: 3 Yea: Wagner, Doucette, Dumais, Navin, Landers, Oram, Perlman, & Robey. Nay: Tunnera, Irish & Ossing.
Yes: Doucette, Dumais, Landers, Navin, Oram, Perlman, Robey, WagnerNo: Irish, Ossing, Tunnera
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 the land off Valley Street owned by Marlborough HUB, LLC., shown on Assessor’s Map 82 as Parcel 125, presently zoned partly “Residence C” and partly “Industrial”, be rezoned entirely as “Residence C”, as said industrial portion parcel 125 is contiguous to the proponent’s residentially zoned portion of Assessors’ Parcel 125, and neither contiguous to any other industrially zoned land, and not practical or feasible for lawful industrial uses. APPROVED. First Reading suspended; Second Reading, adopted. Yea: 8 – Nay: 3 Yea: Wagner, Doucette, Dumais, Navin, Landers, Oram, Perlman, & Robey. Nay: Tunnera, Irish & Ossing..”
Passage to Enroll: Zoning ordinance amendment (MGL Chapter 40A §5): zoning ordinance of the city of marlborough, as amended,
Passage to Enroll, adopted. Yea: 8 – Nay: 3 Yea: Wagner, Doucette, Dumais, Navin, Landers, Oram, Perlman, & Robey. Nay: Tunnera, Irish & Ossing.
Yes: Doucette, Dumais, Landers, Navin, Oram, Perlman, Robey, WagnerNo: Irish, Ossing, Tunnera
From the minutes
“Passage to Enroll, adopted. Yea: 8 – Nay: 3 Yea: Wagner, Doucette, Dumais, Navin, Landers, Oram, Perlman, & Robey. Nay: Tunnera, Irish & Ossing..”
Passage to Ordain: Zoning ordinance amendment (MGL Chapter 40A §5): zoning ordinance of the city of marlborough, as amended,
Passage to Ordain; adopted. Yea: 8 – Nay: 3 Yea: Wagner, Doucette, Dumais, Navin, Landers, Oram, Perlman, & Robey. Nay: Tunnera, Irish & Ossing.
Yes: Doucette, Dumais, Landers, Navin, Oram, Perlman, Robey, WagnerNo: Irish, Ossing, Tunnera
From the minutes
“Passage to Ordain; adopted. Yea: 8 – Nay: 3 Yea: Wagner, Doucette, Dumais, Navin, Landers, Oram, Perlman, & Robey. Nay: Tunnera, Irish & Ossing..”
Accept and file: Communication from Assistant City Solicitor Jason Piques, re: Application for LED Sign Special Permit, from William Camuso on...
ORDERED That the Communication from Assistant City Solicitor Jason Piques, re: Application for LED Sign Special Permit, from William Camuso on behalf of Lincoln 431 LLC, (Shell Station) 431 Lincoln Street, in proper legal form, Order No. 20-1007948G, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED That the Communication from Assistant City Solicitor Jason Piques, re: Application for LED Sign Special Permit, from William Camuso on behalf of Lincoln 431 LLC, (Shell Station) 431 Lincoln Street, in proper legal form, Order No. 20-1007948G, FILE; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
Grant special permit decision: a LED Sign Special Permit to Lincoln Street 431
ORDERED DECISION ON A LED SIGN SPECIAL PERMIT IN CITY COUNCIL LED Sign Special Permit Lincoln St. LLC, 431 431 Lincoln Street Order No. 20-1007948H DECISION ON AN LED SIGN SPECIAL PERMIT CITY COUNCIL ORDER NO. 20-1007948H The City Council of the City of Marlborough hereby GRANTS the application for a LED Sign Special Permit to Lincoln Street 431, LLC (the “Applicant”) for the property located at 431 Lincoln Street, Marlborough, Massachusetts, as provided in this Decision and subject to the following Procedural Findings, Findings of Facts and Conditions. FINDINGS OF FACT AND RULING 1. The Applicant is the owner of the property located at 431 Lincoln Street, Marlborough, Massachusetts, as shown on the Marlborough Assessors Maps as Map 69, Parcel 96 (the “Site”) and maintains a filling station with a convenience store. 2. The Applicant seeks a 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 a digital display sign (the “Sign”) at the Site (the “Application”). 3. The Sign is a +/- 75.3” x 72.9” double-faced sign with a red and green digital display consisting of a +/- 25.5” x 58.5” and a 13.8” x 34.9” LED Numeral signs displaying the price of fuel (the product specifications are attached hereto as Exhibit A). The total digital display area is 14.4 sq. ft. The Sign is to be located below an internally...
Yes: Doucette, Dumais, Landers, Navin, Oram, Ossing, Robey, Tunnera, WagnerNo: Irish, Perlman
From the minutes
“ORDERED DECISION ON A LED SIGN SPECIAL PERMIT IN CITY COUNCIL LED Sign Special Permit Lincoln St. LLC, 431 431 Lincoln Street Order No. 20-1007948H DECISION ON AN LED SIGN SPECIAL PERMIT CITY COUNCIL ORDER NO. 20-1007948H The City Council of the City of Marlborough hereby GRANTS the application for a LED Sign Special Permit to Lincoln Street 431, LLC (the “Applicant”) for the property located at 431 Lincoln Street, Marlborough, Massachusetts, as provided in this Decision and subject to the following Procedural Findings, Findings of Facts and Conditions. FINDINGS OF FACT AND RULING 1. The Applicant is the owner of the property located at 431 Lincoln Street, Marlborough, Massachusetts, as shown on the Marlborough Assessors Maps as Map 69, Parcel 96 (the “Site”) and maintains a filling station with a convenience store. 2. The Applicant seeks a 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 a digital display sign (the “Sign”) at the Site (the “Application”). 3. The Sign is a +/- 75.3” x 72.9” double-faced sign with a red and green digital display consisting of a +/- 25.5” x 58.5” and a 13.8” x 34.9” LED Numeral signs displaying the price of fuel (the product specifications are attached hereto as Exhibit A). The total digital display area is 14.4 sq. ft. The Sign is to be located below an internally illuminated sign at the premises. 4. In connection with the Application, the Applicant submitted a photograph of the Site depicting the sign as presently installed on the Site and the proposed 24” LED electronic pricing panels for Regular Gas and 12” LED electronic pricing panels for Diesel Gas. 5. The Marlborough City Council held a public hearing on the Application on Monday, July 20, 2020. 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 the rules and regulations promulgated by the Marlborough City Council as they pertain to application for a LED sign 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 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 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 Sign Ordinance of the City of Marlborough and shall be turned off when the service station is not open for business and all other extraneous signage shall be removed from the Site; 2. All plans and/or other documentation provided by the Applicant as part of the Application, and as amended during the Application/hearing process before the City Council and/or the Urban Affairs Committee, are incorporated into and become part of this LED Sign Special Permit, and become conditions and requirements of the same, unless otherwise altered by the City Council. Yea: 9 – Nay: 2 Yea: Wagner, Doucette, Dumais, Tunnera, Navin, Landers, Oram, Ossing, & Robey. Nay: Irish & Perlman..”
Adjourn
ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 9:24 PM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey.
From the minutes
“ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 9:24 PM; adopted. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..”
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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