December 18, 2023

“Motion by Councilor Dumais, seconded by the Chair to adopt the following: ORDERED: That the Communication from Council President Ossing, re: Appointment of Councilor Robey as City Council Representative on the Richer School Building Committee, APPROVED; adopted..” (Motion: Dumais)

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“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 $19,800.00 from the MA Department of Environmental Protection, Sustainable Materials Recovery Program, awarded to the Department of Public Works to be used to offset the rising costs of processing recyclable materials; adopted..” (Motion: Irish)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $5,063.00 from the Brigham Family Trust, awarded to the Police Department to be used to assist in funding the Youth Police Academy; adopted..” (Motion: Irish)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Gift Acceptance in the amount of $5,000.00 from the Estate of Ernest Ginnetti awarded to the Council on Aging to be used to assist seniors with unanticipated expenses this winter season; adopted..” (Motion: Irish)

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“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 Withdraw without Prejudice, the Application for a Special Permit to add additional storage units to a nonconforming storage facility, to be located at 846 Boston Post Road East within the Wayside District, Order No. 23-1008823, APPROVED; adopted..” (Motion: Robey)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING RECEIVED FOR ITS CONSIDERATION CHANGES IN THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, TO FURTHER AMEND CHAPTER 650, NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING AND ADDING THERETO AS FOLLOWS: I. Chapter 650, Article VI, entitled “Special Districts, Overlays and Special Requirements” is hereby amended by inserting a new Section 650-39A, entitled “Red Spring Road Overlay District”, which shall read as follows: §650-39A – RED SPRING ROAD OVERLAY DISTRICT A. Purpose and Objectives. The Red Spring Road Overlay District (“RSR”) allows the application of supplemental land use controls within the boundaries of a certain overlay district as an alternative to land use controls that exist in the underlying districts. The establishment goals of the RSR are to incorporate an existing condominium neighborhood within the Zoning Ordinance, to encourage improvements to existing structures, and to regulate modifications to a unique lakeside residential community. The RSR regulates land use and not form of ownership. B. Location of RSR; Underlying Zoning. 1. For the purposes of this Section (§650-39A et. seq.), the RSR is located on the southerly side of Fort Meadow Reservoir along Red Spring Road between Reservoir Street and Cullinane Drive containing approximately 40 acres as indicated on the City Zoning Map and more particularly described in Exhibit “A” annexed hereto and incorporated by reference herein. 2. Except as specifically provided herein, the provisions of the Zoning Ordinance relating to the underlying zoning districts not otherwise impacted by this Section (§650-39A et. seq.) shall continue to remain in full force and effect. In the event of any conflict between the provisions of this Section (§650-39A et. seq.) and any other provision of the Zoning Ordinance, the provisions of this Section (§650-39A et. seq.) shall govern and control. C. Authority of Permit Granting Authorities. 1. The Zoning Board of Appeals shall be the special permit granting authority in the RSR for: (a) single-family dwelling uses for purposes of §650-12 and §650-58B(3); and (b) condominium common areas, substantially as shown on Exhibit B annexed hereto as referenced below, which may not be developed except for common facilities accessible only to the condominium unit owners as authorized by special permit from the Zoning Board of Appeals. 2. The City Council shall be the special permit granting authority in the RSR for other uses allowed by special permit. 3. At the request of an applicant, the City Council may elect to vary the dimensional, parking, design, and landscaping requirements applicable to a use or structure by special permit upon finding that such change shall result in an improved design and will not nullify or substantially derogate from the intent or purpose of this Section (§650-39A et. seq.). D. Use Regulations. 1. The following uses are permitted as of right in the RSR: a. Up to 29 single-family dwellings. b. Uses allowed as of right in the underlying zoning district, as set forth in the Table of Use Regulations, §650-17 of the Zoning Ordinance. c. Accessory buildings and accessory uses. 2. Uses allowed by special permit in the underlying zoning district may be allowed by special permit in the RSR. 3. All uses not specified in Section 650-39A.D.1 and Section 650-39A.D.2 above shall be deemed prohibited in the RSR. E. Dimensional Regulations for Lots in a Condominium Form of Ownership. 1. Within the RSR, multiple principal and accessory buildings and uses may be located on the same lot under a condominium form of ownership, provided that: (i) each principal building shall be located within an exclusive use area of at least 8,000 square feet and only one principal building shall be located in each exclusive use area, (ii) there shall be no yard setbacks or landscaped strips required as to exclusive use areas or minimum distances between structures, except for a building envelope within each exclusive use area set 20 feet from Red Spring Road and 15 feet from the side and rear boundaries of each exclusive use area, substantially as shown on a plan entitled “Building Setback Plan Red Spring Road Condominiums” by Chappell Engineering Associates LLC, last revised December 8, 2023, annexed hereto as Exhibit “B”, and a principal or accessory building shall only be located within the building envelope, (iii) any building permit application for a new structure or expansion of an existing structure shall be accompanied by evidence that such work is authorized by the governing condominium organization, and (iv) the maximum number of exclusive use areas in the RSR shall be 29, laid out substantially as shown on Exhibit B. 2. Notwithstanding any provisions of the Zoning Ordinance to the contrary, a lot under a condominium form of ownership in the RSR shall be subject to the following dimensional requirements: a. Minimum Lot Area: 18,000 square feet. b. Minimum Lot Frontage: none. c. Minimum Front, Side, and Rear Yards: none (See Section 650-39A.E.3). d. Maximum Building Height: 2 ½ stories. e. Maximum Lot Coverage: 30%, over the entire RSR. f. Maximum Gross Floor Area of a Single-Family Dwelling: 3,000 square feet. g. Maximum Accessory Building Floor Area: for all accessory buildings in a single exclusive use area, the greater of (i) 50% of the gross floor area of the principal building, or (ii) 1,500 square feet, except as authorized by special permit from the Zoning Board of Appeals. 3. With the exception of structures erected prior to July 1, 2023, all structures on a lot under a condominium form of ownership in the RSR shall be set back a minimum of 15 feet from the RSR district boundary line. 4. Parking for single-family dwellings on a lot under a condominium form of ownership in the RSR shall be provided as feasible. Parking for other uses within the RSR shall conform with the provisions of §650-48.A of the Zoning Ordinance. 5. Driveways and roadways serving a lot under a condominium form of ownership in the RSR shall be maintained to provide safe access and egress for vehicular and pedestrian traffic and emergency services but shall not be subject to the design standards set forth in §650-49 of the Zoning Ordinance or subdivision standards. F. Dimensional Regulations for Other Lots. Lots not under a condominium form of ownership in the RSR and lots created after the effective date of this Section 650-39A shall be subject to the dimensional requirements of the underlying zoning district. II. The Zoning Map described in § 650-8 is amended as stated herein and in Exhibit “A” annexed hereto. The newly established “Red Spring Road Overlay District” shall include portions of the property shown on the Assessors Map as existing at the passage of this Ordinance, which property includes the following parcel of land (herein identified by the Assessors’ Map and Parcel Number): 30-10, with the exception of a portion of said parcel with an area of approximately 10 acres as shown on the plan entitled “Plan of Land to be Excluded from ‘The Red Spring Road Overlay District’” dated November 8, 2023 annexed hereto as part of Exhibit “A”. III. The City Clerk is authorized to assign other numbering for the new section 650-39A as deemed appropriate for sequential ordering in the Zoning Ordinance. IV. The effective date of these amendments shall be the date of their passage. First Reading, suspended; Second Reading, adopted; DOES NOT CARRY President Ossing declared the hand count vote of seven Councilors in favor. Councilor Oram Recused..” (Motion: Robey)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the request of William Camuso on behalf of Leigh Enterprises, Ltd. to continue the exemption to the hours of operation under City Code Chapter 342, Article 1, Section 342-2, allowing the Shell Gas Station at 431 Lincoln Street to be open for business from 5:00 AM to 11:00 PM for one additional year, along with original conditions. APPROVED; adopted..” (Motion: Irish)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the “Vision for Donald Lynch Boulevard” document which includes a Proposed Zoning Ordinance Amendment to Chapter 650 “Zoning” to create the new Donald Lynch Boulevard Overlay District as submitted by President Ossing, CARRIED OVER TO THE 2024/2025 LEGISLATIVE SESSION; adopted..” (Motion: Robey)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Proposed Zoning Amendments to Chapter 650 “Zoning” to add a new §37A “Multi-Family MBTA Housing Overlay District” relative to Multi-Family Zoning Requirements for MBTA Communities, as submitted by the Mayor CARRIED OVER TO THE 2024/2025 LEGISLATIVE SESSION; adopted..” (Motion: Robey)

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