September 12, 2022

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric and Verizon New England, to install a new joint owned Pole (Pole 18-84) on Bolton Street beginning at a point approximately 15’ west of the centerline of the intersection of Bolton & State Streets and install a new guy wire from P18 to P18-84, this is to relieve stress of P18 from cables going down State Street, APPROVED.” (Motion: Landers)

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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric and Verizon New England, to install a new joint owned Pole (Pole 2-5) on Broad Street beginning at a point approximately 240’ northwest of the centerline at the intersection of Broad & West Main Streets, APPROVED.” (Motion: Landers)

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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition from Massachusetts Electric and Verizon New England, to install a new joint owned Pole (Pole 2-5) on Simarano Drive beginning at a point approximately 450’ north of the centerline at the intersection of Simarano Drive & Cedar Hill Street for new overhead equipment, APPROVED.” (Motion: Landers)

Read it in the official minutes, page 7 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: IN CITY COUNCIL DECISION ON A SPECIAL PERMIT ORDER NO. 21/22-1007995T The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to WP Marlborough MA Owner, LLC (the “Applicant”) to build and operate a 140-unit multifamily dwelling residential project at 339 Boston Post Road East, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, WP Marlborough MA Owner, LLC, is a Connecticut limited liability company with an address of 9 West Broad Street, Suite 800, Stamford, CT 06902. 2. The Applicant is the prospective owner of the property located at 339 Boston Post Road East, Marlborough, Massachusetts, being shown as Parcel 35 of Assessor Map 72, and Parcels 24, 26, 26A, and 28 on Assessors Map 73 (the “Site”). 3. In accordance with Article V, Section 650-17 and Section 650-18(4), of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Applicant proposes to build and operate a 140-unit multifamily dwelling residential project at the Site, in three buildings, with 280 on-site parking spaces, open areas, walking paths, and residential amenities (the “Use” or “Project”). 4. The Site is located in the Business and Residence A-2 Zoning Districts. 5. The Site has an area of 25.7 acres +/- as shown on the Plans referenced in paragraph 7 below. 6. The Applicant, by and through its counsel, filed with City Clerk of the City of Marlborough an Application for a Special Permit (“Application”) for the Use. 7. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, a Fiscal Impact Analysis dated January 3, 2019 by Fougere Planning & Development, Inc., a Transportation Impact Assessment dated January 12, 2019 by Vanasse & Associates, Inc., and the following plans: a detailed site plan entitled “Preliminary Site Development Plans for Walcott Heritage Farms” by Allen & Major Associates, Inc., comprised of Sheets 1 through 6 with the last revision date of December 16, 2020 (the “Plans”), attached hereto as “Attachment A.” 8. By Notice of Decision dated August 23, 2021, and filed in the Office of the City Clerk of Marlborough on August 24, 2021, the Marlborough City Council denied the Applicant’s Application. 9. On September 10, 2021, the Applicant filed an appeal of the Decision of the Marlborough City Council denying the Application in the action entitled WP Marlborough MA Owner, LLC v. Marlborough City Council, et al. (Land Court No. 21 MISC 000451) (the “Appeal”). During the Appeal, a settlement was reached between the Applicant and the Marlborough City Council which agreed upon a remand for the purposes of considering the Application subject to certain changes agreed upon between the Applicant and the Marlborough City Council, and pursuant to that Settlement Agreement, the Applicant and the Marlborough City Council filed a Joint Motion to Remand in the Appeal on or about May 26, 2022. 10. In the Appeal, the Massachusetts Land Court entered a certain Order on Joint Motion for Remand dated May 31, 2022, which remanded to the Marlborough City Council the matter which ordered the Marlborough City Council to conduct a public hearing for the purpose of considering the Applicant’s revised special permit application (the “Remand Order”). 11. Pursuant to the Remand Order, the Applicant submitted to the Marlborough City Council a request on July 1, 2022, that the Marlborough City Council grant the Application, as amended, consistent with the Settlement Agreement reached between the Applicant and the Marlborough City Council (collectively, the “Revised Application”). 12. The Remand Order required the Marlborough City Council to hold the public hearing on the revised special permit application by August 30, 2022. The Remand Order required that the remanded public hearing process be for the limited purposes of considering the changes to the previously contemplated draft decision to grant a special permit for the Project. 13. During the remanded public hearing process, the Appeal has been stayed by the Remand Order. 14. The Application was certified by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, as having complied with Rule 7 of the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 15. Pursuant to the Rules and Regulations of the City Council for the City of Marlborough and applicable statutes of the Commonwealth of Massachusetts, and pursuant to the Remand Order, the City Council established a date for a public hearing on the Revised Application and the City Clerk for the City of Marlborough caused notice of the same to advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 16. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Revised Application on August 22, 2022. The public hearing was held at the Marlborough City Hall, 140 Main Street. In accordance with the Remand Order, the public hearing incorporated by reference all materials and testimony previously submitted to the Marlborough City Council during the prior July 20, 2020, public hearing relating to the Application. The hearing was closed on September 12, 2022. 17. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic, pursuant to the Remand Order. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds that the proposed Use of the Site is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance of the City of Marlborough when subject to the appropriate terms and conditions as provided herein. The City Council makes these findings subject to the completion and adherence by the Applicant, its successors and/or assigns to the conditions more fully set forth herein. C. The City Council, pursuant to its authority under Massachusetts General Laws Chapter 40A and the Zoning Ordinance of the City of Marlborough hereby GRANTS the Applicant a Special Permit to build and operate a 140-unit multifamily dwelling residential project as shown on the Plans filed, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. Construction in Accordance with Applicable Laws. Construction of all structures on the Site is to be in accordance with all applicable Building Codes and Zoning Regulations in effect in the City of Marlborough and the Commonwealth of Massachusetts and shall be built according to the Plans as may be amended during Site Plan Review. 2. Compliance with Applicable Laws. The Applicant, its successors and/or assigns agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of the Use. 3. Site Plan Review. The issuance of the Special Permit is further subject to detailed Site Plan Review by the Site Plan Review Committee in accordance with the City of Marlborough Site Plan Review Ordinance prior to the issuance of the building permit. Any additional changes, alterations, modifications or amendments, as required during the process of Site Plan Review, shall be further conditions attached to the building permit, and no occupancy permit shall be issued until the Applicant, its successors and/or assigns, has complied with all conditions. Subsequent Site Plan Review shall be consistent with the conditions of this Special Permit and the Plans submitted, reviewed, and approved by the City Council as the Special Permit Granting Authority. 4. Incorporation of Submissions. All plans, photo renderings, site evaluations, briefs, and other documentation provided by the Applicant as part of the Revised Application, the Application, and as amended or revised during the application/hearing process before the City Council and/or the City Council’s Urban Affairs Committee, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. The final architectural design of the Site shall be reasonably consistent with the Plans submitted by the Applicant. The final exterior features of the Site, including landscaping, shall be maintained is good condition and shall be reasonably consistent with the Plans submitted and representations made to the City Council. 5. Storm Water and Erosion Control Management. The Applicant, its successors and/or assigns, shall ensure that its site superintendent during construction of the project is competent in stormwater and erosion control management. The Applicant shall also hire an independent Erosion Control Expert, with credentials acceptable to the Engineering Division of the City’s Department of Public Works and the City’s Conservation Commission. This individual(s) shall be responsible for checking the Site before, during, and after storm events including weekends and evenings when storms are predicted. This individual(s) shall ensure that no untreated stormwater leaves the Site consistent with the State’s and the City’s stormwater regulations. This individual(s) shall ensure compliance with the approved sequence of construction plan and the approved erosion control plan. The Applicant, its successors and/or assigns, shall grant this individual(s) complete authority of the Site as it relates to stormwater and erosion controls. 6. Lighting. Exterior lighting at the Site shall be downward facing and shielded to minimize impacts on neighboring properties, with a lighting plan for the Site to be reviewed and further conditioned during the Site Plan Review process. 7. Affordable Units. Twenty percent (20%) of the dwelling units at the Site shall be made available as rental units at affordable prices to renters (whose annual income does not exceed eighty percent (80%) of the Area median income adjusted for family size as determined by the U.S. Department of Housing and Urban Development) in perpetuity or the longest period allowed by law (the “Affordable Housing Units”), in accordance with the provisions of Section 650-26 of the Zoning Ordinance and this condition. The Affordable Housing Units shall comply with all requirements for inclusion in the Subsidized Housing Inventory (“SHI”) of the Commonwealth of Mass. Department of Housing and Community Development (“DHCD”). Prior to obtaining a certificate of occupancy for any unit within the Use, the Applicant, its successors and/or assigns, in coordination with the City and its Community Development Authority, shall file all required submissions to DHCD for inclusion of the Affordable Housing Units on the SHI and shall diligently take all actions necessary to include the Affordable Housing Units on the SHI, including without limitation, preparing and executing a regulatory agreement and declaration of restrictive covenants and/or any other restrictive instrument necessary to ensure compliance with said Zoning Ordinance and this condition, a marketing plan, and all other required documentation. All costs associated with complying with this condition, including but not limited to, the DHCD process, recording of all documents with the registry of deeds, and the marketing plan for the Affordable Units shall be borne by the Applicant, its successors and/or assigns. 8. Site Access and Roadway Improvements. a. The Use shall access Route 20 with a single driveway entrance located directly opposite Village Drive. The Applicant shall provide an emergency access driveway off of Route 20 on the western side of the Site, with an access or gating system approved during Site Plan Review. b. The Applicant, its successors and/or assigns, shall coordinate with the City and the Massachusetts Department of Transportation to ensure that development of the Use does not conflict with planned improvements to Route 20 in the vicinity of the Site. The final design and configuration of the Site’s access driveways shall incorporate the latest design of the planned MassDOT improvements to Route 20 and shall be approved by both MassDOT and the Engineering Division of the Department of Public Works. c. In addition to the planned improvements to Route 20, the Applicant shall, in coordination with MassDOT and the Engineering Division of the Department of Public Works, make the following traffic calming improvements in the vicinity of the Site: (i) A radar speed sign on the southern side of Route 20 to the west of Victoria Lane; (ii) A radar speed sign on the northern side of Route 20 to the east of Village Drive; and (iii)Rectangular rapid flashing beacons at the proposed crosswalks over Route 20 in the vicinity of the Site. d. Prior to the issuance of a building permit, the Applicant, its successors and/or assigns, shall provide a payment to the City in the amount of $200,000 to be used by the City Council or its designee towards the study, design, and construction of a traffic signal at the intersection Route 20, Village Drive, and the Site’s main entrance; provided however, that if the Massachusetts Department of Transportation does not authorize said traffic signal within three (3) years following the issuance of a final certificate of occupancy for the Use, then the funds may be used by the City Council or its designee for the study, design, and construction of comparable transportation safety improvements in the vicinity of the Site, for beautification improvements along Route 20 in the vicinity of the Site, or another project designed to improve transportation and aesthetics along Route 20 in the vicinity of the Site. e. Within six (6) months after the issuance of the final certificate of occupancy for the Project, the Applicant shall make a written request to MassDOT asking MassDOT to reconsider the traffic signal at the intersection of Route 20, Village Drive, and the Site’s main entrance based upon traffic data reflecting the actual full occupancy of the Project. f. Within six (6) months after the issuance of the final certificate of occupancy for the Project, the Applicant agrees to have its traffic engineer update its traffic analysis, and make and provide written recommendations to the Marlborough City Council as to the best use of the $200,000 paid pursuant to Condition 8D above for traffic safety and improvements in the area of the Site and Village Drive, taking into consideration the full occupancy of the Project and ongoing improvements in the area made by MassDOT. 9. Transportation Alternatives. a. Prior to the issuance of a building permit, the Applicant, its successors and/or assigns, shall provide a payment to the City in the amount of $20,000 to be used by the City Council or its designee to study and/or fund shared transportation options, including but not limited to a shuttle service, to provide access between the Site and its neighboring residential properties and Downtown Marlborough. b. Prior to applying for a building permit for the Use, the Applicant, its successors and/or assigns, shall submit a request to the MetroWest Regional Transit Authority to add a bus stop in the vicinity of the Site and its neighboring residential properties. c. Prior to the issuance of a building permit, the Applicant, its successors and/or assigns, shall provide a written summary of a program sponsored for the Site’s residents to encourage shared trips and carpooling to reduce vehicle trips to and from the Site, and shall submit an annual report on this program to the Building Commissioner on or before January 30th during each year that the Use remains in operation. 10. Open Space. a. The Applicant, its successors and/or assigns, shall grant a conservation restriction to the City’s Conservation Commission or its designee over areas of the Site identified as “CR Area 1”, “CR Area 2”, and “CR Area 3” (including any area outlined in red) shown on the plan attached as “Attachment B” (the “Restricted Land”). The form of the conservation restriction over the Restricted Land shall be approved by the City Solicitor and the City Conservation Officer prior to the issuance of a building permit. The Conservation Restriction must be approved by the Conservation Commission, the City Council, and finally signed by the Mayor before being approved by the State Secretary of Energy and Environmental Affairs. The conservation restriction must be granted and recorded prior to the issuance of a certificate of occupancy for any unit within the Use, or at a later time agreed to in writing by the City Conservation Officer. The Conservation Restriction will allow for the mowing and management of portions of CR Area 1 to enhance wildlife habitat and meadows as approved by the Conservation Commission and shall allow for the passive recreational use of CR Area 1 by the Site’s residents. b. Prior to the issuance of a building permit, the Applicant, its successors and/or assigns, shall provide a payment to the City in the amount of $20,000 to be used by the City Council or its designee to study and/or fund a recreational trail for pedestrians along the City-owned sewer land adjacent to the Site, to provide public access and connections between Route 20 and the Site’s neighboring residential properties and Kane School. 11. Issuance of Building Permit. Construction of the project shall not begin until April 14, 2023. Issuance of a building permit shall be conditioned such that construction of the project may not begin until April 14, 2023. 12. Charging Station. The Applicant agrees to increase the number of charging stations at the Project from the original two (2) to four (4) charging stations. 13. Sewer Pump Station Improvements. Prior to the issuance of a building permit, the Applicant, its successors and/or assigns, shall provide a payment to the City for its Department of Public Works or its designee, not to exceed $35,000, to be used by the City for the installation of an in-line sewage grinder at the Boston Post Road pump station in the vicinity of the Site. 14. Snow Removal. Snow removed from driveways, parking areas, and walkways at the Site may not be stored in a manner that creates a shortage of on-site parking for residents. If on-site snow storage creates a shortage of on-site parking for residents, the Applicant, its successors and/or assigns, shall have stockpiled snow removed from the Site. 15. Other Approvals. The Applicant, its successors and/or assigns, shall comply with an order of conditions from the City’s Conservation Commission and a floodplain special permit from the City’s Zoning Board of Appeals. 16. Recording of Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit has elapsed with no appeal having been filed, and before the Applicant has applied to the Building Commissioner for a building permit. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit to the City Council’s office, the Building Department, and the City Solicitor’s office. Yea: 10 – Nay: 1 – Absent – 0 Yea: Wagner, Doucette, Doucette, Brown, Irish, Navin, Landers, Ossing, Perlman, & Robey. Nay: Oram.” (Motion: Robey)

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