August 21, 2023

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL DECISION ON AN AMENDMENT TO A SPECIAL PERMIT GREEN GOLD GROUP, INC. ORDER NO. 20/23-1008062H The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Green Gold Group, Inc. (the “Applicant”) to amend an existing special permit to build and operate an Adult Use Marijuana Retail Establishment at 910 Boston Post Road East, Suite 100, Marlborough, Massachusetts, 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 corporation having a business address of 60 Prospect Street, North Brookfield, MA 01535. 2. The Applicant is the tenant of a commercial retail unit located at 910 Boston Post Road East, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 62 as Parcel 21 (the “Site”). The Site’s owner is Blackcomb Associates, LLC with a business address of 1 Main Street, Whitinsville, MA 01588. 3. On November 16th, 2020, the City Council of the City of Marlborough voted to grant a special permit authorizing Local Roots NE, Inc, of which the Applicant is the successor in interest, 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 76417, Page 396 (the “Original Special Permit”). 4. On June 1, 2023, the Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough an application to modify Finding of Fact No. 3 of the Original Special Permit to allow the addition of a co-located Medical Marijuana Treatment Center, change the existing signage to new, internally lit signage, and 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”). 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and existing site plans for the Site. 6. 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. 7. 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. 8. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, June 26th, 2023. The hearing was closed on that date. 9. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 10. At the public hearing, no members of the public spoke about the Use or submitted written comments about the Use. 11. Councilor Teona C. Brown was absent from the single session of the public hearing on the Application. Prior to the vote on this decision, Councilor Brown filed a written certification as to examination of all the evidence and testimony received at the hearing session, made as part of the record of the hearing, in accordance with Massachusetts General Laws Chapter 39, Section 23D. 12. 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 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, with the addition of a medical marijuana treatment center and modified operating hours as 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. C. The City Council incorporates by reference Finding C in the Original Special Permit, provided that as to the addition of a medical marijuana treatment center, said Finding C is also made in accordance with § 650-18(45)(a) and (b) of the Zoning Ordinance and the Site’s location is also in accordance with § 650-32.F. D. The City Council incorporates by reference Finding D in the Original Special Permit. To the extent the Application seeks to modify existing signage, the Applicant shall adhere to Finding D(16) in the Original Special Permit and submit proposed rendering of the signage to the City Council, and apply for a sign permit, in accordance with City’s Sign Ordinance and the Zoning Ordinance. This Decision does not constitute approval of any change to the existing signage, which shall be reviewed upon a submittal by the Applicant as set forth herein. E. 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 the Original Special Permit, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. By deleting Finding of Fact No. 3 in its entirety and inserting in its place the following: In accordance with Article VI, § 650-17, § 650-18(45), § 650-18(46), and § 650-32 of the Zoning Ordinance of the City of Marlborough, the Applicant proposes to operate a co-located Medical Marijuana Treatment Center and Adult Use Marijuana Retail Establishment at the Site (the “Use”). 2. By amending Condition No. 5 by: (a) inserting after the words “§ 650-18(46)(c)” the following: “and § 650-18(45)(c)”; and (b) inserting after the words “Adult Use Marijuana Retail Establishment” the following: “and a Medical Marijuana Treatment Center”. 3. 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. 4. By inserting the following new Condition as Condition No. 16: 16. Partial Use: The Applicant, its successors and/or assigns, is not required to operate all portions of the Use simultaneously. The Applicant, its successors and/or assigns, may commence the Medical Marijuana Treatment Center portion of the Use upon receipt of all local and state permits and licenses for that portion of the Use, while continuing the current Adult Use Marijuana Retail Establishment portion of the Use. If either the Medical Marijuana Treatment Center portion of the Use or the Adult Use Marijuana Retail Establishment portion of the Use ceases, either temporarily or permanently, the Applicant, its successors and/or assigns, may operate the other portion of the Use. 5. 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. 6. Recording of Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, § 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex County 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: 0 – Absent: 1 Yea: Wagner, Doucette, Dumais, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Absent: Brown..” (Motion: Robey)

Read it in the official minutes, page 10 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL DECISION ON A SPECIAL PERMIT JP MORGAN CHASE BANK, NATIONAL ASSOCIATION ORDER NO. 23-1008890C The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to JPMorgan Chase Bank, National Association (the “Applicant”) to install, operate, and maintain a drive-thru facility for a twenty-four (24) hour per-day drive-up automated teller machine for banking purposes (the “Use”) at 189 Boston Post Road West, in the Business B Zoning District, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, JPMorgan Chase Bank, National Association, is a national banking association with an address of 1111 Polaris Parkway, Mail Code OH1-0274, Columbus, Ohio 43240. 2. The Applicant leases the property located at 189 Boston Post Road West, Marlborough, Massachusetts, being shown as Parcel 16 on Assessors Map 78 (the “Site”). 3. In accordance with Article V, Section 650-14.B(2) and 650-17, of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Applicant seeks approval for the Use at the Site, as shown on the Plans referenced in paragraph 5 below. 4. 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. 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, a site plan entitled “Site Improvement Plan” by Stonefield Engineering and Design Limited Liability Company, with the last revision date of May 17, 2023, (the “Plans”) attached hereto as “Attachment A.” 6. 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. 7. The Site is located in the Business B Zoning District. 8. The Site has an area of 32,576 square feet +/- as shown on the Plans. 9. 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 advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 10. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, June 5, 2023. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on June 5, 2023. 11. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 12. At the public hearing, no members of the public spoke in opposition 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 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 for the Use at 189 Boston Post Road West, 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. Site Plan Review. The issuance of the Special Permit is further subject to detailed Site Plan Review 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. Modification of Plans. Notwithstanding conditions #1 and #2 above, the City Council or the Site Plan Review Committee may approve engineering changes to the Plans, so long as said changes do not change the Use as approved herein, or materially increase the impervious area of the Use, reduce the green area, alter traffic flow, or increase the size of the building, all as shown on the Plans. 4. 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 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. 5. Storm Water and Erosion Control Management. The Applicant, its successors and/or assigns, shall ensure that its site superintendent during construction of the Use is competent in stormwater and erosion control management. This individual(s)’ credentials shall be 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. 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. Noise. The Use shall comply with the noise ordinance of the City of Marlborough. 7. Lighting. Exterior lighting at the Site shall be downward facing and shielded to minimize impacts on neighboring properties. Exterior lighting at the Site shall be shut off outside of operating hours of the bank on the Site, except for lighting necessary for security and emergency access. 8. Traffic Flow. The Applicant, its successors and/or assigns, shall install and maintain signage that directs drivers exiting the Site to use the signalized intersection at Northboro Road East and Boston Post Road West for purposes of traveling east. Other, on-site directional signs and pavement markings shall be installed to ensure proper traffic flow, to the satisfaction of the Site Plan Review Committee. 9. 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. 10. 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: 0 – Absent: 1 Yea: Wagner, Doucette, Dumais, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Absent: Brown..” (Motion: Robey)

Read it in the official minutes, page 21 (PDF)