MassVoter.com← Marlborough City CouncilMarlborough City Council · 2022–2023 Council · Regular meeting
July 24, 2023
37 recorded votes, 36 with disagreement.
Sources: Official minutes (PDF) · City meeting page
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Present: Mark A. Oram, Michael H. Ossing, Samantha Perlman, Kathleen D. Robey, David Doucette, Christian Dumais, Teona C. Brown, John J. Irish, Sean A. Navin, Donald R. Landers
Absent: Laura J. Wagner
Every vote, in order
Accept and file: Minutes of the City Council meeting, June 26, 2023
Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, June 26, 2023, 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 Minutes of the City Council meeting, June 26, 2023, FILE; adopted..” (Motion: Dumais)
Accept and file: Communication from Councilors Ossing & Wagner, re: Municipal Aggregation – June 2023 Update
Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from Councilors Ossing & Wagner, re: Municipal Aggregation – June 2023 Update, 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 Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from Councilors Ossing & Wagner, re: Municipal Aggregation – June 2023 Update, FILE; adopted..” (Motion: Navin)
Accept and file: Certification from Ward 4 Councilor Teona Brown as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Application...
Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Certification from Ward 4 Councilor Teona Brown as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Application for a Wireless Special Permit from Kristen LeDuc on behalf of Dish Wireless to install three (3) Wireless Antennas and related equipment on the rooftop at 2 Mount Royal Avenue, Order No. 23-1008913, 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 Brown, seconded by the Chair to adopt the following: ORDERED: That the Certification from Ward 4 Councilor Teona Brown as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Application for a Wireless Special Permit from Kristen LeDuc on behalf of Dish Wireless to install three (3) Wireless Antennas and related equipment on the rooftop at 2 Mount Royal Avenue, Order No. 23-1008913, FILE; adopted..” (Motion: Brown)
Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Certification from Ward 4 Councilor Teona Brown as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Application for Modification of Special Permit from Ralph Aronov on behalf of Green Gold Group, Inc., to amend the hours of operation, type of use, and to allow for internally illuminated signage at the adult use marijuana retail establishment located at 910 Boston Post Road East within the Wayside District, Order No. 20/23-1008062 (X 21-1008326 & 21-1008371), 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 Brown, seconded by the Chair to adopt the following: ORDERED: That the Certification from Ward 4 Councilor Teona Brown as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Application for Modification of Special Permit from Ralph Aronov on behalf of Green Gold Group, Inc., to amend the hours of operation, type of use, and to allow for internally illuminated signage at the adult use marijuana retail establishment located at 910 Boston Post Road East within the Wayside District, Order No. 20/23-1008062 (X 21-1008326 & 21-1008371), FILE; adopted..” (Motion: Brown)
Refer to the Finance Committee: Transfer Request in the amount of $100,000.00 from Undesignated Stabilization to a new Homeless/Immigrant...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $100,000.00 from Undesignated Stabilization to a new Homeless/Immigrant Population Account for emergency related expenditures along with the proposed resolution, referred to FINANCE 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 Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $100,000.00 from Undesignated Stabilization to a new Homeless/Immigrant Population Account for emergency related expenditures along with the proposed resolution, referred to FINANCE COMMITTEE; adopted..” (Motion: Irish)
Approve: Grant Acceptance in the amount of $199,964.00 from the Executive Office of Public Safety & Security, State 911 Department, awarded to the...
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 $199,964.00 from the Executive Office of Public Safety & Security, State 911 Department, awarded to the Police Department to be used to offset personnel overtime costs in the Public Safety Dispatching Center; 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 $199,964.00 from the Executive Office of Public Safety & Security, State 911 Department, awarded to the Police Department to be used to offset personnel overtime costs in the Public Safety Dispatching Center; adopted..” (Motion: Irish)
Approve: Grant Acceptance in the amount of $37,864.18 from the Executive Office of Public Safety & Security, State 911 Department, awarded to the...
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 $37,864.18 from the Executive Office of Public Safety & Security, State 911 Department, awarded to the Police Department to be used for equipment, quality assurance reviews of dispatch personnel and an offset of overtime costs; 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 $37,864.18 from the Executive Office of Public Safety & Security, State 911 Department, awarded to the Police Department to be used for equipment, quality assurance reviews of dispatch personnel and an offset of overtime costs; adopted..” (Motion: Irish)
Approve: Grant Acceptance in the amount of $36,187.36 from the Executive Office of Public Safety & Security, State 911 Department, awarded to the...
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 $36,187.36 from the Executive Office of Public Safety & Security, State 911 Department, awarded to the Police Department to be used to offset personnel training costs in the Public Safety Dispatching Center; 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 $36,187.36 from the Executive Office of Public Safety & Security, State 911 Department, awarded to the Police Department to be used to offset personnel training costs in the Public Safety Dispatching Center; adopted..” (Motion: Irish)
Approve: Sum of $4,925,000.00 (four million nine hundred twenty-five thousand dollars) be and is hereby appropriated for emergency communication...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the sum of $4,925,000.00 (four million nine hundred twenty-five thousand dollars) be and is hereby appropriated for emergency communication systems and public safety equipment. That to meet said appropriations, the Finance Director/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $4,925,000.00 under and pursuant to the provisions of Chapter 44, Section 7(1) of the Massachusetts General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City of Marlborough (the “City”) therefor; that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the Massachusetts General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Referred to the FINANCE 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 Irish, seconded by the Chair to adopt the following: ORDERED: That the sum of $4,925,000.00 (four million nine hundred twenty-five thousand dollars) be and is hereby appropriated for emergency communication systems and public safety equipment. That to meet said appropriations, the Finance Director/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $4,925,000.00 under and pursuant to the provisions of Chapter 44, Section 7(1) of the Massachusetts General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City of Marlborough (the “City”) therefor; that the Mayor is authorized to contract for and expend any grants, aid, or gifts available for this project; and that the Mayor is authorized to take any other action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the Massachusetts General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Referred to the FINANCE COMMITTEE; adopted..” (Motion: Irish)
Refer to the Public Services Committee and the Planning Board: Communication from the Mayor, re: Streets Acceptance information
Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Streets Acceptance information, referred to PUBLIC SERVICES COMMITTEE and the PLANNING BOARD; 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 the Communication from the Mayor, re: Streets Acceptance information, referred to PUBLIC SERVICES COMMITTEE and the PLANNING BOARD; adopted..” (Motion: Landers)
Refer to the Legislative & Legal Affairs Committee: Proposed Acceptance of Deed -In-Liew of Foreclosure concerning parcels of land located off...
Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That the Proposed Acceptance of Deed -In-Liew of Foreclosure concerning parcels of land located off Mosher Lane identified as Map 10, Parcel 41, Map 10, Parcel 82, Map 11, Parcels 3 & 40, referred to the LEGISLATIVE & LEGAL 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 Perlman, seconded by the Chair to adopt the following: ORDERED: That the Proposed Acceptance of Deed -In-Liew of Foreclosure concerning parcels of land located off Mosher Lane identified as Map 10, Parcel 41, Map 10, Parcel 82, Map 11, Parcels 3 & 40, referred to the LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; adopted..” (Motion: Perlman)
Refer to the Finance Committee & Advertise: Proposed Amendment to the City Code, Chapter 125 “Personnel” §6 “Salary Schedule” and a Proposed Job...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendment to the City Code, Chapter 125 “Personnel” §6 “Salary Schedule” and a Proposed Job Description pursuant to Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” to create a new position of Special Traffic Constable within the Police Department, referred to the FINANCE COMMITTEE & 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 “Personnel” §6 “Salary Schedule” and a Proposed Job Description pursuant to Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” to create a new position of Special Traffic Constable within the Police Department, referred to the FINANCE COMMITTEE & ADVERTISE; adopted..” (Motion: Irish)
Refer to the Finance Committee: Proposed Amendments to the City Code, Chapter 125 “Personnel”, §6 “Salary Schedule” and Proposed Job Descriptions...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendments to the City Code, Chapter 125 “Personnel”, §6 “Salary Schedule” and Proposed Job Descriptions pursuant to Chapter 125, “Personnel”, §5 “Preparation of Classification Descriptions relative to positions for the Public Library, Assessors Office, and Public Facilities, referred to the FINANCE 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 Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Amendments to the City Code, Chapter 125 “Personnel”, §6 “Salary Schedule” and Proposed Job Descriptions pursuant to Chapter 125, “Personnel”, §5 “Preparation of Classification Descriptions relative to positions for the Public Library, Assessors Office, and Public Facilities, referred to the FINANCE COMMITTEE; adopted..” (Motion: Irish)
Moved to reports of committee & file: Communication from City Solicitor Jason Grossfield, re: Petition from Andrew Delli Carpini on behalf of...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Petition from Andrew Delli Carpini on behalf of Colbea Enterprises, LLC, for hours of operation of a gas station (Shell Station) at 342 Boston Post Road East pursuant to Chapter 342 of the Code, in proper legal form, Order No. 23-1008870, MOVED TO REPORTS OF COMMITTEE & 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 City Solicitor Jason Grossfield, re: Petition from Andrew Delli Carpini on behalf of Colbea Enterprises, LLC, for hours of operation of a gas station (Shell Station) at 342 Boston Post Road East pursuant to Chapter 342 of the Code, in proper legal form, Order No. 23-1008870, MOVED TO REPORTS OF COMMITTEE & FILE; adopted..” (Motion: Robey)
Moved to reports of committee & file: Communication from Assistant City Solicitor Jeremy McManus, re: Application for a Wireless Special Permit...
Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Application for a Wireless Special Permit from Kristen LeDuc on behalf of Dish Wireless to install three (3) Wireless Antennas and related equipment on the rooftop at 2 Mount Royal Avenue, in proper legal form, Order No. 23-1008913, MOVED TO REPORTS OF COMMITTEE & 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 Assistant City Solicitor Jeremy McManus, re: Application for a Wireless Special Permit from Kristen LeDuc on behalf of Dish Wireless to install three (3) Wireless Antennas and related equipment on the rooftop at 2 Mount Royal Avenue, in proper legal form, Order No. 23-1008913, MOVED TO REPORTS OF COMMITTEE & FILE; adopted..” (Motion: Landers)
Approve: Communication from Attorney Sem Aykanian on behalf of SUCIU LLC d/b/a Exela Storage, re: Request to Extend Time Limitations until 10:00...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Sem Aykanian on behalf of SUCIU LLC d/b/a Exela Storage, re: Request to Extend Time Limitations until 10:00 PM on December 31, 2023, on the Application for a Special Permit to add additional storage units to a nonconforming storage facility located at 846 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 the Communication from Attorney Sem Aykanian on behalf of SUCIU LLC d/b/a Exela Storage, re: Request to Extend Time Limitations until 10:00 PM on December 31, 2023, on the Application for a Special Permit to add additional storage units to a nonconforming storage facility located at 846 Boston Post Road East within the Wayside District, APPROVED; adopted..” (Motion: Robey)
Refer to the Urban Affairs Committee & Advertise: Set MONDAY AUGUST 21, 2023, as the DATE FOR PUBLIC HEARING, on the Application for Special...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY AUGUST 21, 2023, as the DATE FOR PUBLIC HEARING, on the Application for Special Permit from George Voyiatzis, to convert an existing structure into a multi-family residential building consisting of 17 units in the Neighborhood Business District at 358 Lincoln Street, referred to the URBAN AFFAIRS COMMITTEE & 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 Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY AUGUST 21, 2023, as the DATE FOR PUBLIC HEARING, on the Application for Special Permit from George Voyiatzis, to convert an existing structure into a multi-family residential building consisting of 17 units in the Neighborhood Business District at 358 Lincoln Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted..” (Motion: Robey)
Refer to the Public Services Committee: Set MONDAY AUGUST 21, 2023, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric...
Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY AUGUST 21, 2023, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install two new joint owned Poles (Pole 22-25 & 22-26) on Forest Street approximately 1500’ east of the centerline of the intersection of Forest Street and Sandini Road to serve a new building at 201 Forest 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 AUGUST 21, 2023, as the DATE FOR PUBLIC HEARING, on the Petition from Massachusetts Electric and Verizon New England, to install two new joint owned Poles (Pole 22-25 & 22-26) on Forest Street approximately 1500’ east of the centerline of the intersection of Forest Street and Sandini Road to serve a new building at 201 Forest Street, referred to the PUBLIC SERVICES COMMITTEE; adopted..” (Motion: Landers)
Refer to the Urban Affairs Committee, Planning Board, and Advertise a Public Hearing for...: Communication from Attorney Gemma Cashman on behalf...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Gemma Cashman on behalf of Trammell Crow Company, re: Proposed Amendment to City Code, Chapter 650 “Zoning” by adding a new section to create the “Sasseville Way Residential Overlay District”, referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, SEPTEMBER 11, 2023; 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 Communication from Attorney Gemma Cashman on behalf of Trammell Crow Company, re: Proposed Amendment to City Code, Chapter 650 “Zoning” by adding a new section to create the “Sasseville Way Residential Overlay District”, referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, SEPTEMBER 11, 2023; adopted..” (Motion: Robey)
Accept and file: Communication from MA Department of Public Utilities, re: Petition of MA Electric and Nantucket Electric d/b/a National Grid for...
Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from MA Department of Public Utilities, re: Petition of MA Electric and Nantucket Electric d/b/a National Grid for Approval of a mid-term modification to its 2022-2024 Three-Year Energy Efficiency Plan, 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 Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from MA Department of Public Utilities, re: Petition of MA Electric and Nantucket Electric d/b/a National Grid for Approval of a mid-term modification to its 2022-2024 Three-Year Energy Efficiency Plan, FILE; adopted..” (Motion: Brown)
Accept and file: Minutes of following Boards, Commissions and Committees
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)
Refer to the Legal Department: Following CLAIMS
Motion by Councilor Perlman, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred 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 Perlman, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted..” (Motion: Perlman)
Suspend the rules
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..”
Grant special permit decision: a Special Permit to Dish Wireless LLC
Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: DECISION ON A SPECIAL PERMIT DISH WIRELESS, LLC ORDER NO. 23-1008913B The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Dish Wireless LLC (the “Applicant”) to allow for the co-location of a new Wireless Communications Facility (3 antennas and associated equipment) on an existing building, pursuant to the submitted plans, as provided in the DECISION and subject to the Findings of Fact and Conditions therein. FINDINGS OF FACT 1. The Applicant is a duly organized and existing corporation and FCC Licensee having a principal office located at 9601 S. Meridian Boulevard, Englewood, CO 80112 c/o Network Building & Consulting, LLC, 100 Apollo Drive, Chelmsford, MA 01824. 2. The Applicant is a sublessee of a portion of the property located at 2 Mount Royal Avenue (Assessor’s Map 79, Parcel(s) 33) and 0 Lakeside Avenue-A (Assessor’s Map 79, Parcel(s) 33B), Marlborough, Massachusetts (the “Site”). 3. On May 24, 2023, the Applicant filed with the City Clerk of the City of Marlborough an application (hereinafter referred to as the “Application”) for a Special Permit under Chapter 650 (Zoning) of the Code of the City of Marlborough (hereinafter referred to as the “Zoning Ordinance”), Section 650-25 entitled Wireless Communications Facilities. 4. In accordance with Article V, Section 650-18(A)(20) and Section 650-25 of the Zoning Ordinance, the Applicant...
From the minutes
“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: DECISION ON A SPECIAL PERMIT DISH WIRELESS, LLC ORDER NO. 23-1008913B The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Dish Wireless LLC (the “Applicant”) to allow for the co-location of a new Wireless Communications Facility (3 antennas and associated equipment) on an existing building, pursuant to the submitted plans, as provided in the DECISION and subject to the Findings of Fact and Conditions therein. FINDINGS OF FACT 1. The Applicant is a duly organized and existing corporation and FCC Licensee having a principal office located at 9601 S. Meridian Boulevard, Englewood, CO 80112 c/o Network Building & Consulting, LLC, 100 Apollo Drive, Chelmsford, MA 01824. 2. The Applicant is a sublessee of a portion of the property located at 2 Mount Royal Avenue (Assessor’s Map 79, Parcel(s) 33) and 0 Lakeside Avenue-A (Assessor’s Map 79, Parcel(s) 33B), Marlborough, Massachusetts (the “Site”). 3. On May 24, 2023, the Applicant filed with the City Clerk of the City of Marlborough an application (hereinafter referred to as the “Application”) for a Special Permit under Chapter 650 (Zoning) of the Code of the City of Marlborough (hereinafter referred to as the “Zoning Ordinance”), Section 650-25 entitled Wireless Communications Facilities. 4. In accordance with Article V, Section 650-18(A)(20) and Section 650-25 of the Zoning Ordinance, the Applicant proposes the co-location of a new Wireless Communications Facility (3 antennas and associated equipment) on an existing building) (the “Use”) at the Site, as shown in the plans submitted with the Application and referenced in paragraph 5 below. 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and plans by NB&C Engineering Services, LLC, with the last revision date of November 18, 2022, (collectively the “Plans”), attached hereto as “Attachment A.” 6. Pursuant to the Application, the Applicant is licensed by the FCC to provide personal wireless services in the City of Marlborough and surrounding areas and currently has a problem with significant gaps in coverage and capacity issues with coverage that could be alleviated by installing the Use on the subject location as shown on the Plans. 7. The Site is located in the Business (B) Zoning District which allows a Special Permit to be issued for a Wireless Communication Facility (“WCF”). 8. Pursuant to the Rules and Regulations of the City Council of 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 and the planning boards of all surrounding towns entitled thereto in accordance with applicable regulations and law. 9. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on June 26, 2023. The public hearing was held in the City Council Chamber, at the Marlborough City Hall, 140 Main Street. The public hearing was closed on June 26, 2023. 10. The Applicant presented oral testimony and demonstrative evidence at the public hearing, demonstrating that the Use meets all the applicable Special Permit criteria of Article VI, Section 650-25 and Article VIII, Section 650-59. 11. At the Public Hearing, there were no members of the public speaking in opposition to the Use. 12. The Council, in reviewing the Application, considered the Review Standard and Development Requirements, as enumerated in Article VI, Section 650-25 and Article VII, Section 650-59 of the City of Marlborough Zoning Ordinance, applicable to the Use. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS: A. The Applicant has complied with the Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds the proposed Use of the Site is in harmony with the intent and general purpose of the Zoning Ordinance of the City of Marlborough when subject to appropriate terms and conditions as provided in this Decision. 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 finds that the proposed Use is consistent with the purposes of Section 650- 25 governing WCFs in the City. D. The proposed WCF and location are consistent with both the applicable review standards in Section 650-25(D) and the development requirements in Section 650-25(E). E. The City Council recognizes the Applicant is a federal licensee afforded certain protection under federal telecommunications law, to the extent provided by law. F. The City Council confirms the Applicant has demonstrated the need to construct the proposed facility to solve certain wireless coverage and capacity issues that currently exist in its network in the vicinity. G. The City Council finds that there are adequate, ample parking spaces on the host parcel. H. The City Council finds the proposed Use, which consists of an unmanned and unoccupied facility, will have no impact on traffic and pedestrian safety in the area. I. The City Council finds the proposed Use will not be contrary to the public health, safety, convenience and welfare and will not be offensive or detrimental. J. The City Council, pursuant to its authority under MGL Chapter 40A and the City of Marlborough Zoning Ordinance GRANTS to the Applicant a Special Permit for construction of the Use, a wireless communications facility on the existing monopole, 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. 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 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. 3. Incorporation of Submissions. All plans, photo renderings, site evaluations, briefs and other documentation provided by the Applicant as part of the Application, and as amended or revised during the application/hearing process before the City Council and/or the City Council’s Public Services 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. 4. 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. 5. All work performed on the Site shall comply with this Decision. No other building or construction or activity (including but not limited to any other communications device, WCF, tower, etc.) shall occur without further modification of this Special Permit. This condition shall be interpreted consistent with federal law governing WCF’s. 6. No signage or advertising of any sort shall be permitted as part of the Use. 7. The Applicant shall comply with all applicable conditions for WCFs as set forth in Section 650-25(F), each of which shall constitute conditions of this special permit. 8. 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 Office, the Building Department and the City Solicitor’s Office. Yea: 10 – Nay: 0 – Absent: 1 Yea: Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Absent: Wagner..” (Motion: Landers)
Suspend the rules
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..”
Approve with conditions: Application of Andrew Delli Carpini, CEO on behalf of Colbea Enterprises, LLC (the “Petitioner” or “Holder”) to issue a...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the application of Andrew Delli Carpini, CEO on behalf of Colbea Enterprises, LLC (the “Petitioner” or “Holder”) to issue a permit to grant an exemption to the hours of operation under City Code Chapter 342, Article 1, Section 342-2, allowing the Shell Gas Station at 342 Boston Post Road East to be open for business for certain additional hours is hereby approved in part, in accordance with the following findings and subject to the below conditions: A. Findings The City Council hereby finds that the petition may be granted, when limited and conditioned as set forth below, so that the public convenience and welfare may be substantially served without detrimental effect upon the public health, peace or safety. B. Permit Conditions 1. This permit authorizes a partial exemption to the hours of operation set forth in City Code 342-1 which is limited to the following: The service station located at 342 Boston Post Road East, Marlborough may be open for business from 5:00 AM to 11:00 PM daily. The service station is not permitted to be open for business outside of those hours. 2. This permit is effective for a period of one (1) year from the date of approval of this permit. Thereafter, at the discretion of the City Council, it may be renewed for periods of up to five (5) years. 3. In regard to both location and holder, the exemption shall be non-transferrable. 4. Petitioner shall install...
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 the application of Andrew Delli Carpini, CEO on behalf of Colbea Enterprises, LLC (the “Petitioner” or “Holder”) to issue a permit to grant an exemption to the hours of operation under City Code Chapter 342, Article 1, Section 342-2, allowing the Shell Gas Station at 342 Boston Post Road East to be open for business for certain additional hours is hereby approved in part, in accordance with the following findings and subject to the below conditions: A. Findings The City Council hereby finds that the petition may be granted, when limited and conditioned as set forth below, so that the public convenience and welfare may be substantially served without detrimental effect upon the public health, peace or safety. B. Permit Conditions 1. This permit authorizes a partial exemption to the hours of operation set forth in City Code 342-1 which is limited to the following: The service station located at 342 Boston Post Road East, Marlborough may be open for business from 5:00 AM to 11:00 PM daily. The service station is not permitted to be open for business outside of those hours. 2. This permit is effective for a period of one (1) year from the date of approval of this permit. Thereafter, at the discretion of the City Council, it may be renewed for periods of up to five (5) years. 3. In regard to both location and holder, the exemption shall be non-transferrable. 4. Petitioner shall install, maintain, and use a video surveillance and video recording system to monitor entry ways and sales attendant positions. 5. Petitioner shall install and maintain a silent robbery/panic alarm system which must be monitored by a central alarm system. Alarm activators must be installed at all sales attendant positions. 6. Petitioner shall permit the Chief of Police or the Chief’s designee to inspect, upon demand, the video surveillance, video monitoring and alarm systems. If any of the systems are found to be not in compliance with these conditions, Petitioner must limit the hours of operation of the station to between 6:00 AM and 11:00 PM until full compliance with conditions is achieved. 7. Petitioner shall not permit or suffer any automotive repair work to be performed on the premises by any person. APPROVED; adopted..” (Motion: Robey)
Suspend the rules
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..”
Refer to the City Solicitor to Be Placed in Proper Legal Form for the August 21, 2023...: Application for Special Permit from Andy Fitz, on behalf...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Special Permit from Andy Fitz, on behalf of JP Morgan Chase Bank to install a drive-thru ATM for the Chase Bank branch to be located a 189 Boston Post Road West, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 21, 2023, 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 Application for Special Permit from Andy Fitz, on behalf of JP Morgan Chase Bank to install a drive-thru ATM for the Chase Bank branch to be located a 189 Boston Post Road West, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 21, 2023, COUNCIL MEETING; adopted..” (Motion: Robey)
Suspend the rules
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..”
Refer to the City Solicitor to Be Placed in Proper Legal Form for the August 21, 2023...: Application for Modification of a Sign Special Permit...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Modification of a Sign Special Permit from Attorney Brian Falk, on behalf of Lincoln Street 431, LLC, to amend an EMC Sign Permit to add non- EMC panels to the existing free-standing sign at 431 Lincoln Street, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 21, 2023, 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 Application for Modification of a Sign Special Permit from Attorney Brian Falk, on behalf of Lincoln Street 431, LLC, to amend an EMC Sign Permit to add non- EMC panels to the existing free-standing sign at 431 Lincoln Street, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 21, 2023, COUNCIL MEETING; adopted..” (Motion: Robey)
Suspend the rules
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..”
Refer to the City Solicitor to Be Placed in Proper Legal Form for the August 21, 2023...: Proposed Zoning Ordinance Amendments to Chapter 650...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Proposed Zoning Ordinance Amendments to Chapter 650 “Zoning”, to various sections relative to mixed-use, affordable housing, design standards and parking requirements, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 21, 2023, 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 Ordinance Amendments to Chapter 650 “Zoning”, to various sections relative to mixed-use, affordable housing, design standards and parking requirements, referred to the CITY SOLICITOR TO BE PLACED IN PROPER LEGAL FORM FOR THE AUGUST 21, 2023, COUNCIL MEETING; adopted..” (Motion: Robey)
Approve: Appointment of Robert Bourn, III as Plumbing and Gas Inspector for 3-year term from date of City Council confirmation pursuant to City...
Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Robert Bourn, III as Plumbing and Gas Inspector for 3-year term from date of City Council confirmation pursuant to City Code Chapter 7, §79, 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 Robert Bourn, III as Plumbing and Gas Inspector for 3-year term from date of City Council confirmation pursuant to City Code Chapter 7, §79, APPROVED; adopted..” (Motion: Dumais)
Approve: Appointment of John Cain as Wiring Inspector for a 3-year term from the date of City Council confirmation pursuant to City Code Chapter...
Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of John Cain as Wiring Inspector for a 3-year term from the date of City Council confirmation pursuant to City Code Chapter 473 §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 Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of John Cain as Wiring Inspector for a 3-year term from the date of City Council confirmation pursuant to City Code Chapter 473 §1, APPROVED; adopted..” (Motion: Dumais)
Approve: Appointment of Patrick Hughes to the Planning Board for a 5-year term to expire on February 1, 2028
Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Patrick Hughes to the Planning Board for a 5-year term to expire on February 1, 2028, 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 Patrick Hughes to the Planning Board for a 5-year term to expire on February 1, 2028, APPROVED; adopted..” (Motion: Dumais)
Approve: Appointment of Jonathon Friedman to the Commission on Disabilities for 3-year term from date of City Council confirmation
Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Jonathon Friedman to the Commission on Disabilities for 3-year term from date of City 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 Jonathon Friedman to the Commission on Disabilities for 3-year term from date of City Council confirmation, APPROVED; adopted..” (Motion: Dumais)
Adjourn
Motion by Councilor Dumais, 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 9:50 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 Dumais, 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 9:50 PM; adopted..” (Motion: Dumais)
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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