← Marlborough City Council

Marlborough City Council · 2020–2021 Council · Regular meeting

August 23, 2021

51 recorded votes, 51 with disagreement.

Sources: Official minutes (PDF) · City meeting page

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Attendance

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

During the meeting:

  • Christian Dumais recused from the vote on: Accept and file: Communication from Commonwealth of Massachusetts Division of Banks, re: Public comment.

Every vote, in order

Accept and file: Minutes of the City Council meeting, July 19, 2021

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, July 19, 2021, 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

“Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, July 19, 2021, FILE; adopted..” (Motion: Tunnera)

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

Suspend the rules to allow the Mayor to speak

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

Suspension of the Rules requested to allow the Mayor to speak – 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 to allow the Mayor to speak – granted..”

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

Approve: Tolling Agreement between Verizon Wireless and the City of Marlborough to extend time limitations to September 28, 2021 for approval of...

Minutes, page 1

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Tolling Agreement between Verizon Wireless and the City of Marlborough to extend time limitations to September 28, 2021 for approval of small cell wireless facility, 123 Boston Post Road West, Pole #7, 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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Tolling Agreement between Verizon Wireless and the City of Marlborough to extend time limitations to September 28, 2021 for approval of small cell wireless facility, 123 Boston Post Road West, Pole #7, APPROVED; adopted..” (Motion: Landers)

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

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Tolling Agreement between Verizon Wireless and the City of Marlborough to extend time limitations to September 28, 2021 for approval of small cell wireless facility, 493 Boston Post Road West, Pole #1, 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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Tolling Agreement between Verizon Wireless and the City of Marlborough to extend time limitations to September 28, 2021 for approval of small cell wireless facility, 493 Boston Post Road West, Pole #1, APPROVED; adopted..” (Motion: Landers)

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

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Tolling Agreement between Verizon Wireless and the City of Marlborough to extend time limitations to September 28, 2021 for approval of small cell wireless facility, 11 Atkinson Drive, Pole #22, 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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Tolling Agreement between Verizon Wireless and the City of Marlborough to extend time limitations to September 28, 2021 for approval of small cell wireless facility, 11 Atkinson Drive, Pole #22, APPROVED; adopted..” (Motion: Landers)

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

Move up for action, agenda item # 15 and agenda item # 38

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to move up for action, agenda item # 15 and agenda item # 38, 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

“Motion by Councilor Robey, seconded by the Chair to move up for action, agenda item # 15 and agenda item # 38, APPROVED; adopted..” (Motion: Robey)

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

Moved to item 38 and file: Communication from Solicitor Jason Grossfield, re: Application for Special Permit to build a multifamily residential...

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: Communication from Solicitor Jason Grossfield, re: Application for Special Permit to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms, 339 Boston Post Road East (McGee Farm), in proper legal form, Order No. 20/21-1007995, MOVED TO ITEM 38 and 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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: Communication from Solicitor Jason Grossfield, re: Application for Special Permit to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms, 339 Boston Post Road East (McGee Farm), in proper legal form, Order No. 20/21-1007995, MOVED TO ITEM 38 and FILE; adopted..” (Motion: Robey)

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

Approve: Application for Special Permit to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms...

Minutes, page 2

Adopt orderFailed · 5–6

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Special Permit to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms, 339 Boston Post Road East (McGee Farm), Order No. 20/21-1007995, be approved, DENIED; adopted. Yea: 5 – Nay: 6 Yea: Dumais, Tunnera, Landers, Ossing, & Robey. Nay: Wagner, Doucette, Irish, Navin, Oram, & Perlman.

Yes: Dumais, Landers, Ossing, Robey, TunneraNo: Doucette, Irish, Navin, Oram, Perlman, WagnerThe minutes record the item as “DENIED” with 5 in favor and 6 opposed: the motion failed.

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Special Permit to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms, 339 Boston Post Road East (McGee Farm), Order No. 20/21-1007995, be approved, DENIED; adopted. Yea: 5 – Nay: 6 Yea: Dumais, Tunnera, Landers, Ossing, & Robey. Nay: Wagner, Doucette, Irish, Navin, Oram, & Perlman..” (Motion: Robey)

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

Approve: Grant Acceptance in the amount of $5,000.00 from BayPath Elder Services awarded to the Council on Aging to assist with the transportation...

Minutes, page 2

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $5,000.00 from BayPath Elder Services awarded to the Council on Aging to assist with the transportation needs for Marlborough Seniors; 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

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $5,000.00 from BayPath Elder Services awarded to the Council on Aging to assist with the transportation needs for Marlborough Seniors; adopted..” (Motion: Irish)

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

Approve: Gift Acceptance in the amount of $10,000.00 from the late Paul & Marie Winske to the Council on Aging to assist seniors that participate...

Minutes, page 3

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Gift Acceptance in the amount of $10,000.00 from the late Paul & Marie Winske to the Council on Aging to assist seniors that participate in Senior Center activities; 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

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Gift Acceptance in the amount of $10,000.00 from the late Paul & Marie Winske to the Council on Aging to assist seniors that participate in Senior Center activities; adopted..” (Motion: Irish)

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

Refer to the Personnel Committee: Appointment of Linda Warren to the Council on Aging Board for a 3-year term from date of Council confirmation

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Linda Warren to the Council on Aging Board for a 3-year term from date of Council confirmation, referred to the PERSONNEL COMMITTEE; 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

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Linda Warren to the Council on Aging Board for a 3-year term from date of Council confirmation, referred to the PERSONNEL COMMITTEE; adopted..” (Motion: Dumais)

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

Accept and file: Notification of Mayoral appointment of Kevin McLaughlin to the Cultural Council for a 3-year term effective September 1, 2021...

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Notification of Mayoral appointment of Kevin McLaughlin to the Cultural Council for a 3-year term effective September 1, 2021 pursuant to MGL Chapter 10 §58, 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

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Notification of Mayoral appointment of Kevin McLaughlin to the Cultural Council for a 3-year term effective September 1, 2021 pursuant to MGL Chapter 10 §58, FILE; adopted..” (Motion: Dumais)

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

Refer to the Finance Committee and Advertise: Proposed Amendment to the City Code, Chapter 67 §11(A) amending “Tax Collector; appointment, terms...

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendment to the City Code, Chapter 67 §11(A) amending “Tax Collector; appointment, terms and duties” and Chapter 125 §6 “Salary Schedule” along with a Proposed Job Description pursuant to Chapter 125 §5 for the position of Tax Collector/Assistant Director of Finance, referred to FINANCE COMMITTEE AND ADVERTISE; 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

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendment to the City Code, Chapter 67 §11(A) amending “Tax Collector; appointment, terms and duties” and Chapter 125 §6 “Salary Schedule” along with a Proposed Job Description pursuant to Chapter 125 §5 for the position of Tax Collector/Assistant Director of Finance, referred to FINANCE COMMITTEE AND ADVERTISE; adopted..” (Motion: Irish)

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

Refer to the Finance Committee and Advertise: Proposed Amendment to the City Code, Chapter 7, Article IV “Department of Public Works” by adding a...

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendment to the City Code, Chapter 7, Article IV “Department of Public Works” by adding a new §31(D) relative to the position of Assistant Commissioners, along with a Proposed Job Description pursuant to Chapter 125 §5 for the position of Assistant Commissioner of Facilities; referred to FINANCE COMMITTEE AND ADVERTISE; 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

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendment to the City Code, Chapter 7, Article IV “Department of Public Works” by adding a new §31(D) relative to the position of Assistant Commissioners, along with a Proposed Job Description pursuant to Chapter 125 §5 for the position of Assistant Commissioner of Facilities; referred to FINANCE COMMITTEE AND ADVERTISE; adopted..” (Motion: Irish)

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

Refer to the Finance Committee and Advertise: Proposed Amendment to the City Code, Chapter 125 §6 “Salary Schedule” to amend the salaries for the...

Minutes, page 4

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendment to the City Code, Chapter 125 §6 “Salary Schedule” to amend the salaries for the Police and Fire Chiefs to be effective July 1, 2021, referred to FINANCE COMMITTEE AND ADVERTISE; 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

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendment to the City Code, Chapter 125 §6 “Salary Schedule” to amend the salaries for the Police and Fire Chiefs to be effective July 1, 2021, referred to FINANCE COMMITTEE AND ADVERTISE; adopted..” (Motion: Irish)

Read it in the official minutes, page 4 (PDF)

Moved to item 23 and file: Communication from Solicitor Jason Grossfield, re: Request for Special License for Temporary Charitable Purposes Sales...

Minutes, page 4

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Request for Special License for Temporary Charitable Purposes Sales – FEMARA, Inc., pursuant to MGL Chapter 101 §12A, MOVED TO ITEM 23 and 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

“Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Request for Special License for Temporary Charitable Purposes Sales – FEMARA, Inc., pursuant to MGL Chapter 101 §12A, MOVED TO ITEM 23 and FILE; adopted..” (Motion: Tunnera)

Read it in the official minutes, page 4 (PDF)

Moved to item 37 and file: Communication from Solicitor Jason Grossfield, re: Petition of Verizon Wireless for the installation of a small cell...

Minutes, page 4

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Petition of Verizon Wireless for the installation of a small cell wireless facility to be located on Pole #19 within the layout of Boston Post Road West (Route 20), in proper legal form, Order No. 21- 1008294B, MOVED TO ITEM 37 and 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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Communication from Solicitor Jason Grossfield, re: Petition of Verizon Wireless for the installation of a small cell wireless facility to be located on Pole #19 within the layout of Boston Post Road West (Route 20), in proper legal form, Order No. 21- 1008294B, MOVED TO ITEM 37 and FILE; adopted..” (Motion: Landers)

Read it in the official minutes, page 4 (PDF)

Approve: Request for Approval of a Free-Standing Sign, Local Roots, 910 Boston Post Road East, within the Wayside District

Minutes, page 5

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That Request for Approval of a Free-Standing Sign, Local Roots, 910 Boston Post Road East, within the Wayside District, 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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That Request for Approval of a Free-Standing Sign, Local Roots, 910 Boston Post Road East, within the Wayside District, APPROVED; adopted..” (Motion: Robey)

Read it in the official minutes, page 5 (PDF)

Refer to the Urban Affairs Committee: Request for Approval of two (2) Flat Roof Signs, Val’s Plaza, 561 Boston Post Road East, within the Wayside...

Minutes, page 5

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for Approval of two (2) Flat Roof Signs, Val’s Plaza, 561 Boston Post Road East, within the Wayside District referred to URBAN AFFAIRS COMMITTEE; 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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for Approval of two (2) Flat Roof Signs, Val’s Plaza, 561 Boston Post Road East, within the Wayside District referred to URBAN AFFAIRS COMMITTEE; adopted..” (Motion: Robey)

Read it in the official minutes, page 5 (PDF)

Refer to the Public Services Committee: Set MONDAY SEPTEMBER 13, 2021 as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric...

Minutes, page 5

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY SEPTEMBER 13, 2021 as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install a new jointly owned Pole #15-5 (45-2) and permission for NGRID to solely install at 9-411, install three (3) 50K (120/208) transformers and 3-15k cutouts, install riser-perm connection to customer underground at 121 Bolton Street, referred to the PUBLIC SERVICES COMMITTEE; 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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY SEPTEMBER 13, 2021 as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install a new jointly owned Pole #15-5 (45-2) and permission for NGRID to solely install at 9-411, install three (3) 50K (120/208) transformers and 3-15k cutouts, install riser-perm connection to customer underground at 121 Bolton Street, referred to the PUBLIC SERVICES COMMITTEE; adopted..” (Motion: Landers)

Read it in the official minutes, page 5 (PDF)

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY SEPTEMBER 13, 2021 as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install a new jointly owned Pole #15-15 at 181 Cedar Hill Street, referred to the PUBLIC SERVICES COMMITTEE; 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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY SEPTEMBER 13, 2021 as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install a new jointly owned Pole #15-15 at 181 Cedar Hill Street, referred to the PUBLIC SERVICES COMMITTEE; adopted..” (Motion: Landers)

Read it in the official minutes, page 5 (PDF)

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY SEPTEMBER 13, 2021 as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric, to replace direct buried cable with cable in conduit using directional drill method on Ferrecchia Drive, referred to the PUBLIC SERVICES COMMITTEE; 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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY SEPTEMBER 13, 2021 as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric, to replace direct buried cable with cable in conduit using directional drill method on Ferrecchia Drive, referred to the PUBLIC SERVICES COMMITTEE; adopted..” (Motion: Landers)

Read it in the official minutes, page 5 (PDF)

Accept and file: Communication from Diane Nelligan of One Energy, Inc., re: Request for expedited processing of request from MA Electric and...

Minutes, page 5

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Communication from Diane Nelligan of One Energy, Inc., re: Request for expedited processing of request from MA Electric and Verizon for the installation of a jointly owned pole, transformers, and underground riser-perm connection at 121 Bolton 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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Communication from Diane Nelligan of One Energy, Inc., re: Request for expedited processing of request from MA Electric and Verizon for the installation of a jointly owned pole, transformers, and underground riser-perm connection at 121 Bolton Street, FILE; adopted..” (Motion: Landers)

Read it in the official minutes, page 5 (PDF)

Suspend the rules to remove from the Urban Affairs Committee, Order No. 21-1008293, Proposed Zoning Amendment

Minutes, page 5

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested –to remove from the Urban Affairs Committee, Order No. 21-1008293, Proposed Zoning Amendment – 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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: Suspension of the Rules requested –to remove from the Urban Affairs Committee, Order No. 21-1008293, Proposed Zoning Amendment – granted..” (Motion: Robey)

Read it in the official minutes, page 5 (PDF)

Refer to the City Solicitor to Be Placed in Proper Legal Form for the September 13, 2021...: Proposed Zoning Amendment to Chapter 650 of the Code...

Minutes, page 5

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Proposed Zoning Amendment to Chapter 650 of the Code, to add a new section to create the “Commercial Village Housing Overlay District”, as amended by the Urban Affairs Committee, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 13, 2021 CITY 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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Proposed Zoning Amendment to Chapter 650 of the Code, to add a new section to create the “Commercial Village Housing Overlay District”, as amended by the Urban Affairs Committee, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 13, 2021 CITY COUNCIL MEETING; adopted..” (Motion: Robey)

Read it in the official minutes, page 5 (PDF)

Accept and file: Communications from various residents in opposition of the Application for Special Permit to build a multifamily residential...

Minutes, page 5

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communications from various residents in opposition of the Application for Special Permit to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms, 339 Boston Post Road East (McGee Farm), Order No. 20-1007995, 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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communications from various residents in opposition of the Application for Special Permit to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms, 339 Boston Post Road East (McGee Farm), Order No. 20-1007995, FILE; adopted..” (Motion: Robey)

Read it in the official minutes, page 5 (PDF)

Approve: Under authority of MGL Chapter 101, §12A, the City Council hereby GRANTS FEMARA, Inc., for a three-day period, from September 10 through...

Minutes, page 6

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 101, §12A, the City Council hereby GRANTS FEMARA, Inc., for a three-day period, from September 10 through 12, 2021, inclusive, and consistent with the charitable purpose of FEMARA, Inc., a license to conduct under their control a temporary or transient business at their convention being held at the Best Western Royal Plaza Hotel & Trade Center in which transient vendors participating in such sale shall not be subject to the provisions of §§3 to 12 inclusive; 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

“Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 101, §12A, the City Council hereby GRANTS FEMARA, Inc., for a three-day period, from September 10 through 12, 2021, inclusive, and consistent with the charitable purpose of FEMARA, Inc., a license to conduct under their control a temporary or transient business at their convention being held at the Best Western Royal Plaza Hotel & Trade Center in which transient vendors participating in such sale shall not be subject to the provisions of §§3 to 12 inclusive; adopted..” (Motion: Tunnera)

Read it in the official minutes, page 6 (PDF)

Accept and file: Communication from Central MA Mosquito Control Project, re: Personnel will be in the community responding to residents’ concerns...

Minutes, page 6

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from Central MA Mosquito Control Project, re: Personnel will be in the community responding to residents’ concerns about mosquitos on various dates in August & September 2021, 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

“Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from Central MA Mosquito Control Project, re: Personnel will be in the community responding to residents’ concerns about mosquitos on various dates in August & September 2021, FILE; adopted..” (Motion: Oram)

Read it in the official minutes, page 6 (PDF)

Accept and file: Communication from Massachusetts Electric Company and Nantucket Electric Company, each d/b/a National Grid re: Approval of...

Minutes, page 6

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the Communication from Massachusetts Electric Company and Nantucket Electric Company, each d/b/a National Grid re: Approval of Deferral of major storm threshold amounts for calendar year 2020, DPU file # 21-75, 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

“Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the Communication from Massachusetts Electric Company and Nantucket Electric Company, each d/b/a National Grid re: Approval of Deferral of major storm threshold amounts for calendar year 2020, DPU file # 21-75, FILE; adopted..” (Motion: Tunnera)

Read it in the official minutes, page 6 (PDF)

Accept and file: Communication from Commonwealth of Massachusetts Division of Banks, re: Public comment period on a proposed license application...

Minutes, page 6

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the Communication from Commonwealth of Massachusetts Division of Banks, re: Public comment period on a proposed license application filled by Marlboro Services, Inc., d/b/a Brasil Remessa, to operate a check casher location at 38 Main Street pursuant to MGL Chapter 169A §3, FILE; adopted. Councilor Dumais recused.

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. The minutes also say: “Councilor Dumais recused.”

From the minutes

“Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the Communication from Commonwealth of Massachusetts Division of Banks, re: Public comment period on a proposed license application filled by Marlboro Services, Inc., d/b/a Brasil Remessa, to operate a check casher location at 38 Main Street pursuant to MGL Chapter 169A §3, FILE; adopted. Councilor Dumais recused..” (Motion: Tunnera)

Read it in the official minutes, page 6 (PDF)

Accept and file: Communication from a resident of Forest Street, in support of the Proposed Zoning Amendment to Chapter 650 of the Code, to add a...

Minutes, page 6

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from a resident of Forest Street, in support of the Proposed Zoning Amendment to Chapter 650 of the Code, to add a new section to create the “Commercial Village Housing Overlay District”, Order No. 21-1008293, 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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from a resident of Forest Street, in support of the Proposed Zoning Amendment to Chapter 650 of the Code, to add a new section to create the “Commercial Village Housing Overlay District”, Order No. 21-1008293, FILE; adopted..” (Motion: Robey)

Read it in the official minutes, page 6 (PDF)

Accept and file: Minutes of following Boards, Commissions and Committees

Minutes, page 6

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, 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

“Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted..” (Motion: Doucette)

Read it in the official minutes, page 6 (PDF)

Refer to the Legal Department: Following CLAIM

Minutes, page 6

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the following CLAIM, 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

“Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the following CLAIM, refer to the LEGAL DEPARTMENT; adopted..” (Motion: Doucette)

Read it in the official minutes, page 6 (PDF)

Suspend the rules

Minutes, page 11

ProceduralPassed · Voice vote, names not recorded

Suspension of the Rules – 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 – granted..”

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

Refer to the City Solicitor to Be Placed in Proper Legal Form for the September 13, 2021...: Application for Special Permit as amended from...

Minutes, page 11

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Application for Special Permit as amended from Edgewood Entertainment, LLC, to operate indoor golf simulators and a bar area in the existing building at 229 Boston Post Road West, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 13, 2021 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 as amended from Edgewood Entertainment, LLC, to operate indoor golf simulators and a bar area in the existing building at 229 Boston Post Road West, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 13, 2021 COUNCIL MEETING; adopted..” (Motion: Robey)

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 September 13, 2021...: Application for Special Permit from Attorney Michael...

Minutes, page 11

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Application for Special Permit from Attorney Michael Brangwynne, on behalf of Raising Cane’s Restaurants, LLC, to construct and operate a restaurant with two drive-thru service lanes on the site at, 141 Boston Post Road West, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 13, 2021 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 Michael Brangwynne, on behalf of Raising Cane’s Restaurants, LLC, to construct and operate a restaurant with two drive-thru service lanes on the site at, 141 Boston Post Road West, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 13, 2021 COUNCIL MEETING; adopted..” (Motion: Robey)

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 September 13, 2021...: Application for Special Permit with the amended Site...

Minutes, page 11

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Application for Special Permit with the amended Site Plan from Attorney Brian Falk, on behalf of Dasilva Landscaping, Inc., to construct and operate a landscaper’s yard at the Airport Industrial Park, 685 Farm Road, Unit 17 referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 13, 2021 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 with the amended Site Plan from Attorney Brian Falk, on behalf of Dasilva Landscaping, Inc., to construct and operate a landscaper’s yard at the Airport Industrial Park, 685 Farm Road, Unit 17 referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 13, 2021 COUNCIL MEETING; adopted..” (Motion: Robey)

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 September 13, 2021...: Application for Special Permit from Attorney Brian...

Minutes, page 11

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Application for Special Permit from Attorney Brian Falk, on behalf of Lourival Masonry, LLC, to construct and operate a contractor’s yard at the Airport Industrial Park, 685 Farm Road, Unit 18, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 13, 2021 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 Lourival Masonry, LLC, to construct and operate a contractor’s yard at the Airport Industrial Park, 685 Farm Road, Unit 18, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 13, 2021 COUNCIL MEETING; adopted..” (Motion: Robey)

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 September 13, 2021...: Application for Site Plan Review as amended from...

Minutes, page 12

ProceduralPassed · Voice vote, names not recorded

ORDERED: That the Application for Site Plan Review as amended from Attorney Brian Falk on behalf of Global Montello Group Corp., to add a patio with seating next to its newly renovated convenience store within the Wayside District, 656 Boston Post Road East, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 13, 2021 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 Review as amended from Attorney Brian Falk on behalf of Global Montello Group Corp., to add a patio with seating next to its newly renovated convenience store within the Wayside District, 656 Boston Post Road East, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE SEPTEMBER 13, 2021 COUNCIL MEETING; adopted..” (Motion: Robey)

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

Approve: City Council President establish a City Council Re-Precincting Committee consisting of three members to review the 2020 census data...

Minutes, page 12

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the City Council President establish a City Council Re-Precincting Committee consisting of three members to review the 2020 census data provided by the Secretary of State’s office and report back to the City Council by October 4, 2021, 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

“Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED: That the City Council President establish a City Council Re-Precincting Committee consisting of three members to review the 2020 census data provided by the Secretary of State’s office and report back to the City Council by October 4, 2021, APPROVED; adopted..” (Motion: Tunnera)

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

Approve: Appointment of William Fowler to the Planning Board for a 5-year term to expire on February 2, 2026

Minutes, page 12

Confirm appointmentPassed · Voice vote, names not recorded

Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of William Fowler to the Planning Board for a 5-year term to expire on February 2, 2026, 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

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of William Fowler to the Planning Board for a 5-year term to expire on February 2, 2026, APPROVED; adopted..” (Motion: Dumais)

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

Approve: Appointment of Marcia Waldman to the Cultural Council for a 3-year term from date of Council confirmation

Minutes, page 12

Confirm appointmentPassed · Voice vote, names not recorded

Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Marcia Waldman to the Cultural Council for a 3-year term from date of Council confirmation, 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

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Marcia Waldman to the Cultural Council for a 3-year term from date of Council confirmation, APPROVED; adopted..” (Motion: Dumais)

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

Approve: Reappointment of William Dunbar to the Conservation Commission for 3-year term to expire on February 2, 2024

Minutes, page 12

Confirm appointmentPassed · Voice vote, names not recorded

Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of William Dunbar to the Conservation Commission for 3-year term to expire on February 2, 2024, 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

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of William Dunbar to the Conservation Commission for 3-year term to expire on February 2, 2024, APPROVED; adopted..” (Motion: Dumais)

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

Approve with conditions: Petition from Massachusetts Electric, to install a new Pole 45-2 within the public right of way approximately 103’ west...

Minutes, page 12

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric, to install a new Pole 45-2 within the public right of way approximately 103’ west of Pole 25-1 on Forest Street, APPROVED WITH THE FOLLOWING CONDITION; 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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric, to install a new Pole 45-2 within the public right of way approximately 103’ west of Pole 25-1 on Forest Street, APPROVED WITH THE FOLLOWING CONDITION; adopted..” (Motion: Landers)

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

Approve with conditions: Petition from Massachusetts Electric, to install 280’ of 4-5” conduit from manhole #10 to pole #93 on Donald Lynch...

Minutes, page 12

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric, to install 280’ of 4-5” conduit from manhole #10 to pole #93 on Donald Lynch Boulevard near Bigelow Street, APPROVED WITH THE FOLLOWING CONDITIONS; 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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric, to install 280’ of 4-5” conduit from manhole #10 to pole #93 on Donald Lynch Boulevard near Bigelow Street, APPROVED WITH THE FOLLOWING CONDITIONS; adopted..” (Motion: Landers)

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

Approve: City Council for the City of Marlborough, pursuant to MGL Chapter.166, §22 and Chapter 473, Article III of the City of Marlborough...

Minutes, page 13

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the City Council for the City of Marlborough, pursuant to MGL Chapter.166, §22 and Chapter 473, Article III of the City of Marlborough General Code entitled “Small Cell Wireless Facilities Within Public Rights-of-Way,” does hereby approve the petition of Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless”) dated May 3, 2021, filed with the City Clerk on May 3, 2021, to grant a location on an existing utility pole located in the layout of State Highway Route 20 (Boston Post Road West) adjacent to 219- 237 Boston Post Road West in Marlborough, which pole is designated as National Grid pole #19, in order for Verizon Wireless to deploy a small cell facility thereon by constructing and maintaining telecommunications wires and appurtenances, including a pole top canister antenna, remote radio heads and associated wires, cables, fiber demarc box, electric meter and associated equipment (the "Small Cell Facility"), all as depicted on plans submitted with Verizon Wireless’ petition and in photo simulations submitted to the City Council and Public Services Committee, which plans are attached hereto and incorporated herein; subject, however, to the following conditions, which conditions shall be binding upon Verizon Wireless, its successors and/or assigns: 1. The Small Cell Facility shall be of such material and construction, and all work shall be done in such manner, as to be...

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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the City Council for the City of Marlborough, pursuant to MGL Chapter.166, §22 and Chapter 473, Article III of the City of Marlborough General Code entitled “Small Cell Wireless Facilities Within Public Rights-of-Way,” does hereby approve the petition of Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless”) dated May 3, 2021, filed with the City Clerk on May 3, 2021, to grant a location on an existing utility pole located in the layout of State Highway Route 20 (Boston Post Road West) adjacent to 219- 237 Boston Post Road West in Marlborough, which pole is designated as National Grid pole #19, in order for Verizon Wireless to deploy a small cell facility thereon by constructing and maintaining telecommunications wires and appurtenances, including a pole top canister antenna, remote radio heads and associated wires, cables, fiber demarc box, electric meter and associated equipment (the "Small Cell Facility"), all as depicted on plans submitted with Verizon Wireless’ petition and in photo simulations submitted to the City Council and Public Services Committee, which plans are attached hereto and incorporated herein; subject, however, to the following conditions, which conditions shall be binding upon Verizon Wireless, its successors and/or assigns: 1. The Small Cell Facility shall be of such material and construction, and all work shall be done in such manner, as to be satisfactory to the City Council and the Engineering Division of the City's Department of Public Works (the "City Engineering Division"). 2. Verizon Wireless shall indemnify and hold harmless the City against all damages, injuries, costs, expenses, and any and all claims, demands and liabilities whatsoever of every name and nature, both in law and equity, allegedly caused by the acts or neglect of Verizon Wireless, its employees, agents and servants in any manner arising out of the rights and privileges granted herein to Verizon Wireless for its Small Cell Facility. 3. Verizon Wireless shall comply with the requirements of existing City ordinances, including but not limited to Chapter 473, Article III, entitled "Small Cell Wireless Facilities Within Public Rights-of-Way," as may be applicable, and such requirements as may hereafter be adopted governing the construction and maintenance of the Small Cell Facility. 4. Verizon Wireless shall not install its Small Cell Facility on double poles. If National Grid pole #19 becomes a double pole in the future, Verizon Wireless shall remove its Small Cell Facility to a single pole as expeditiously as possible within the guidelines then prescribed by National Grid, but in any event no later than December 31st of the year in which National Grid pole #19 becomes a double pole; provided, however, that if Verizon Wireless is unable to comply with the December 31st deadline for reasons fairly attributable to National Grid, Verizon Wireless shall submit to the City Council a letter, to be received by the City Council prior to such deadline, requesting that the Council extend the deadline to a specified date in the subsequent year and providing good cause in support of such request. 5. All cutting of and/or digging into City streets and/or sidewalks by or on behalf of Verizon Wireless in conjunction with its Small Cell Facility is prohibited, as is all underground installation associated with the Small Cell Facility; provided, however, that the grounding rod proposed to be installed as part of the Small Cell Facility is permitted as long as 1) Verizon Wireless installs the rod immediately adjacent to National Grid pole #19 so as to cause minimal disturbance to the surface of the street or sidewalk, and 2) Verizon Wireless restores the street or sidewalk surface to its pre-disturbance condition to the satisfaction of the City Engineering Division. 6. The Small Cell Facility shall be color-coordinated so as to best minimize the visual impact of the Facility. 7. The Small Cell Facility's remote radio heads and associated wires, cables, fiber demarc box, electric meter and associated equipment shall be mounted on the side of National Grid pole #19 facing away from the roadway. 8. Any future modification of the Small Cell Facility by Verizon Wireless shall require further City Council Approval. 9. Any future road reconstruction or repair project by the City and/or the Commonwealth requiring the relocation of National Grid pole #19 shall result in Verizon Wireless moving their Small Cell Facility to another pole in a timely fashion after having been notified by the City Engineering Division about the road project; provided, however, that any such relocation shall require further City Council approval. 10. Prior to the commencement of construction and/or installation of the Small Cell Facility, Verizon Wireless shall provide the City Engineering Division with a written construction and/or installation schedule satisfactory to the Division. 11. Prior to the commencement of construction and/or installation of the Small Cell Facility, Verizon Wireless shall provide the City's Chief Procurement Officer (the "City CPO") with a bond from a surety authorized to do business in Massachusetts and satisfactory to the City CPO in an amount equal to the cost of removal of the Small Cell Facility from National Grid pole #19 and for the repair and/or restoration of the public way, in the vicinity of National Grid pole #19, to the condition the public way was in as of the date of this order, said amount to be determined by the City Engineering Division. The amount of the bond shall be the total of the estimate by the Division plus an annual increase of 3% for the operating life of the Small Cell Facility. Verizon Wireless shall notify the City CPO and the Division of any cancellation of, or change in the terms or conditions in, the bond. 12. Each year on July 1st, Verizon Wireless shall submit an affidavit that the Small Cell Facility remains in use and that the Small Cell Facility remains covered by liability insurance naming the City as an additional insured. 13. Each year on July 1st, Verizon Wireless shall pay to the City of Marlborough an annual recertification fee of $250.00 for each year that the Small Cell Facility remains in use. 14. If the Small Cell Facility is no longer in use, it shall be removed by Verizon Wireless, at its expense, within 60 days. If the Small Cell Facility is not removed by Verizon Wireless within 60 days of it no longer being in use, Verizon Wireless shall pay a fine of $100.00 per day until such installation is removed by Verizon Wireless. 15. Failure by Verizon Wireless to comply with any of the above conditions to the satisfaction of the City Council or, as applicable, the City Engineering Division or the City CPO shall result in the City Council's review of Verizon Wireless’ petition granted herein. APPROVED; adopted..” (Motion: Landers)

Read it in the official minutes, page 13 (PDF)

Adjourn

Minutes, page 15

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 9:57 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

“Motion by Councilor Tunnera, seconded by the Chair to adopt the following: ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 9:57 PM; adopted..” (Motion: Tunnera)

Read it in the official minutes, page 15 (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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