November 7, 2022

“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 $2,000,000.00 from the Executive Office of Housing and Economic Development, Department of Housing and Community Development and Massachusetts Development Finance Agency through the FY23 Community One Stop for Growth program awarded to the Department of Public Works to be used to reconstruct a one-mile section of Cedar Hill Street; adopted..” (Motion: Irish)

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

“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 $250,000.00 from MA Development’s Taxi & Livery Partnership Program awarded to the Marlborough Economic Development Corporation (MEDC) to be used to continue funding of the commuter shuttle service; adopted..” (Motion: Irish)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $1,574.75 which moves funds from the Firefighter account to the Meal Allowance account to cover a deficit due to numerous emergency situations, APPROVED; adopted..” (Motion: Irish)

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

“Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: WHEREAS, in the opinion of the City Council of the City of Marlborough, the common convenience and necessity require that the permanent access and utility easement described below be accepted as a municipal easement: DESCRIPTION The access and utility easement shown as “Proposed Access & Utility Easement”, on a plan of land entitled “Easement Plan of Land in Marlborough, MA”, Prepared by: City of Marlborough Department of Public Works, Engineering Division, 135 Neil Street, Marlborough, MA 01752, Date: March 21, 2022 (the “Plan”), said Plan to be recorded herewith. Easement containing 4,042.26+/- square feet (0.09 acres, more or less), according to the Plan. Being a portion of the property owned in Marlborough by the Grantor and described in a deed recorded in the Middlesex South District Registry of Deeds in Book 12312, Page 157 and Book 12312, Page 159. IT IS THEREFORE ORDERED THAT: The access and utility easement shown as “Proposed Access & Utility Easement” on the Plan constituting a portion of land located at 22 Mechanic Street, containing 4,042.26 square feet+/- (0.09 acres, more or less), being a portion of the property owned by First Baptist Church of Marlborough, MA 01752 and described in a deed recorded in the Middlesex South District Registry of Deeds in Book 12312, Page 157 and Book 12312, Page 159, be accepted as a municipal easement in the City of Marlborough. APPROVED; adopted..” (Motion: Perlman)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough does hereby approve the Site Plan Permit, which sets forth an Approval with conditions of the amended site plans submitted by Aubuchon Realty Company, Inc., to expand and upgrade the retail plaza at 661 Boston Post Road East, Marlborough, APPROVED; adopted..” (Motion: Robey)

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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: IN CITY COUNCIL DECISION ON AN AMENDMENT TO A SPECIAL PERMIT VEDI NATURALS LLC DECISION ON AN AMENDMENT TO A SPECIAL PERMIT ORDER NO. 19/22-1007881L The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Vedi Naturals LLC (the “Applicant”) to amend an existing special permit to build and operate an Adult Use Marijuana Retail Establishment at 505 Boston Post Road West, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant is a duly organized and existing limited liability company having a business address of 505 Boston Post Road West, Marlborough, Massachusetts 01752. 2. The Applicant is the tenant of a commercial retail unit located at 505 Boston Post Road West, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 88 as Parcel 3 (the “Site”). The Site’s owner is Sparte II Realty Trust, Eleni Karalis McGrail and Christofile Tsiantoulas, co-Trustees, with a business address of 160 Edgell Road, Framingham, MA 01701. 3. On August 24, 2020, the City Council of the City of Marlborough voted to grant a special permit authorizing the Applicant to build and operate an Adult Use Marijuana Retail Establishment at the Site (the “Use”) in accordance with Article VI, § 650-17, § 650- 18(46), and § 650-32 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), as further described in a document recorded at the Middlesex South District Registry of Deeds in Book 75722, Page 351 (the “Original Special Permit”). 4. The Site is located in the Business Zoning District with frontage on Boston Post Road West (Route 20). 5. The overall Site has an area of 87,555.6 +/- square feet. 6. The Use occupies an existing retail unit at the Site with an area of 2,350 +/- square feet. 7. On September 8, 2022, the Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough an application to modify Condition No. 8 of the Original Special Permit in order to change the maximum hours of operation of the Use, under the provisions of M.G.L. c. 40A, § 9 and the Marlborough Zoning Ordinance (the “Application”). 8. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and existing site plans for the Site. 9. The Application was certified as complete by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, in accordance with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 10. Pursuant to the Rules and Regulations of the City Council for the City of Marlborough and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application and the City Clerk for the City of Marlborough caused notice of the same to be advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 11. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, October 3, 2022. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on October 3, 2022. 12. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 13. At the public hearing, no members of the public spoke in favor of the Use and no members of the public spoke in opposition to the Use. 14. The Procedural Findings of Fact specified above supplement those made in the Original Special Permit, which are expressly incorporated in this Decision by reference. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS E. The Applicant has complied with all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. F. The City Council finds that the proposed Use of the Site, with the modified operating hours set forth in the conditions below, 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 in this Decision and in the Original Special Permit. 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 in this Decision and in the Original Special Permit. G. The City Council incorporates by reference Finding C in the Original Special Permit. H. The City Council incorporates by reference Finding D in the Original Special Permit, except as modified in this Decision. I. 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 an amendment to modify Condition No. 8 of the Original Special Permit, as follows: 1. By deleting Condition No. 8 in its entirety and inserting in its place the following: 8. Hours. The maximum hours of operation of the Use shall be Monday through Saturday, 9:00 AM to 10:00 PM, and Sunday from 10:00 AM to 8:00 PM All other conditions of the Original Special Permit shall continue in full force and effect and are incorporated by reference as part of this 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: 9 – Nay: 0 – Absent – 2 Yea: Wagner, Brown, Irish, Navin, Oram, Ossing, Perlman, & Robey. Absent: Doucette & Landers.” (Motion: Robey)

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

“ORDERED: That the Proposed Amendment to the City Code, Chapter 125 “Personnel”, §6 “Salary Schedule” to create a new position of Substance Use Prevention Coordinator and Intervention Specialist within the Health Department as submitted by the Mayor, ADVERTISED; adopted..”

Read it in the official minutes, page 14 (PDF)