May 20, 2024

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $83,103.00 (Eighty-three thousand one hundred three dollars) which moves funds from and to various accounts for the Department of Public Works and City Clerks’ Office for the remainder of Fiscal Year 2024, APPROVED; adopted..” (Motion: Irish)

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

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $25,000.00 (Twenty-five thousand dollars) which moves funds from Free Cash (Undesignated Fund) to Open Space Stabilization from wireless antenna payments received in FY23, APPROVED; 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 $619,060.00 (Six hundred nineteen thousand sixty dollars) which moves funds from Free Cash (Undesignated Fund) to Overtime-Snow & Ice ($108,847.00), Snow Removal ($142,213.00) and Operating Expenses ($368,000.00) respectively to fund FY 2024 deficit, APPROVED; adopted..” (Motion: Irish)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: CERTIFICATE OF ADOPTION A RESOLUTION ADOPTING THE CITY OF MARLBOROUGH HAZARD MITIGATION PLAN 2024 UPDATE WHEREAS, the City of Marlborough established a Hazard Mitigation Planning Team, coordinated by the Emergency Management Director, to prepare the City of Marlborough Hazard Mitigation Plan 2024 Update; and WHEREAS, the City of Marlborough Hazard Mitigation Plan 2024 Update contains several potential future projects to mitigate potential impacts from natural hazards in the City of Marlborough, and WHEREAS, duly-noticed public meetings were held by the Planning Board on February 13, 2023, and by the City Council on May 22, 2023, and WHEREAS, the City of Marlborough authorizes responsible departments and/or agencies to execute their responsibilities demonstrated in the plan, and NOW, THEREFORE BE IT RESOLVED that the Marlborough City Council adopts the City of Marlborough Hazard Mitigation Plan 2024 Update, in accordance with MGL Chapter 40, § 4 or the charter and ordinances of the City of Marlborough. APPROVED; adopted..” (Motion: Irish)

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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 hereby authorizes the Mayor, on behalf of the City of Marlborough, to enter into and execute a Local Initiative Program (LIP) Regulatory Agreement and Declaration of Restrictive Covenants for Rental Project (Local Action Units), in substantially the form attached hereto, with the Commonwealth Massachusetts Executive Office of Housing and Livable Communities and CRP/PR Lodge Owner LLC. Said Regulatory Agreement is relative to the second phase of the “Green District” residential development on Simarano Drive, as required by Condition No. 6 (Affordable Units) of the Special Permit decision of the City Council (Order No. 19- 1007762), APPROVED; adopted..” (Motion: Robey)

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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the request of Calverde Naturals, LLC, pursuant to Condition E(15) of the Special Permit issued to Calverde Naturals, LLC, on June 7, 2021, for the construction and operation of an adult use marijuana retail establishment at 239 Boston Post Road West, Order No. 21-1008214C, to extend the date upon which the Special Permit shall lapse if the Applicant fails to commence retail operations at the Site to December 31, 2025, for good cause, APPROVED; adopted..” (Motion: Robey)

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“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application from Ghost Light Players for local approval of a One-Day Beano (Bingo) License pursuant to MGL Chapter 10, §38 to be issued by the MA Lottery Commission, APPROVED; adopted..” (Motion: Landers)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Fiscal Year 2025 Operating Budget as submitted by Mayor Dumais in the amount of $196,610,886.00 which represents a 4.69% increase over the Fiscal Year 2024 appropriation be modified by REDUCING the following accounts. Amendment by Councilor Oram, seconded by Councilor Doucette to restore funding for the Communications Director to the Mayor’s budget in the amount of $73,000.00, motion DID NOT CARRY (2-9). DEPARTMENT ACCOUNT # ADJUSTMENT FINCOM COMMENTS DESCRIPTION VOTE 1210 50592 -$73,000 3-2 Not needed at this Mayor Comms Director (MO/TB) time 1210 54230 -$1,100 5-0 Level fund Mayor Expenses 1440 50042 -$4,643 5 -0 Start at step 1 Collector Collector 2200 51328 -$12,000 5-0 Not spending – can Fire Dept Call OT cover with salary under runs 4920 50770 -$5,489 5-0 Start at step 1 Rec Dept Sr Clerk 1920 51300 -$5,000 5-0 Level fund Pub Fac OT 1920 52120 -$100,000 5-0 Conservation Pub Fac Electricity measures 3032 52120 -$100,000 5-0 Conservation Maint School Electricity measures 4000-100 50600 -$17,500 5-0 Start at step 1 DPW Admin DPW Commissioner 4000-110 51310 -$5,000 3-2 Level fund DPW Eng OT (TF/MO) 4000-110 50640 -$6,000 5-0 Start at step 1 DPW Eng City Eng 4000-130 51310 -$20,000 5-0 Level fund DPW Streets OT 4000-140 51310 -$2,000 5-0 Level fund DPW Fleet OT 4000-140 51470 -$5,000 5-0 Reduce amount. DPW Fleet Int Foreman Offset by salary under runs 4000-150 51310 -$20,000 5-0 Level fund DPW Forestry OT 600-8000 50630 -$6,000 5-0 Start at step 1 SWR SVC Asst Commissioner DEPARTMENT ACCOUNT # ADJUSTMENT FINCOM COMMENTS DESCRIPTION VOTE 600-8100 51310 -$10,000 5-0 Reduce amount and EWWTP OT evaluate how on call program works 600-8500 51310 -$10,000 5-0 Reduce amount and WWWTP OT evaluate how on call program works 610-9000 51310 -$15,000 5-0 Reduce amount. Water OT Offset by salary under runs. 1990 57820 -$300,000 5-0 Similar to FY24 Other Govt Reserve for adjustment Salaries TOTAL $717,732 Therefore, the City Council of the City of Marlborough APPROVES a Fiscal Year 2025 Operating Budget for the City of Marlborough in the amount of $195,893,154.00, which represents a 4.3% increase over the Fiscal Year 2024 appropriation or an increase of $8,082,230.00; adopted..” (Motion: Irish)

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

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Taxi/Livery License from Adam Smith d/b/a First Class Limo, Inc., to operate a Livery Service with one vehicle, 715 Robin Hill Street, APPROVED; adopted..” (Motion: Landers)

Read it in the official minutes, page 15 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL DECISION ON A SPECIAL PERMIT ORDER NO. 24-1009099D Application of: Alta Behavioral Health LLC 55 Concord Street, Suite 111 North Reading, MA 01864 Locus: 400 Donald J Lynch Blvd. Assessors Map 26, Parcel 29 The City Council of the City of Marlborough hereby GRANTS the application for a Special Permit to Alta Behavioral Health LLC, a Massachusetts limited liability company having a mailing address of 55 Concord Street, Suite 111, North Reading, MA 01864, to operate as a narcotic detoxification and/or maintenance facility as provided in this Decision and subject to the following Findings of Facts and Conditions. FINDINGS OF FACT 1. Alta Behavioral Health LLC, a Massachusetts limited liability company having a mailing address of 55 Concord Street, Suite 111, North Reading, MA 01864, is herein referred to as “Applicant.” 2. Applicant is the lessee of a portion of certain real property located at 400 Donald J Lynch Blvd., Marlborough, MA, as shown on the Marlborough Assessors Maps as Map 26, Parcel 29 (the “Premises”). The land is entirely located in a Limited Industrial (“LI”) zoning district. 3. The Applicant, on or about February 9, 2024, filed with the City Clerk of the City of Marlborough an application for a Special Permit (the “Application”). The Applicant intends to operate a nonresidential/outpatient facility licensed under 105 CMR 164 as a substance abuse treatment program in a portion of an existing building at the Premises (the “Proposed Use”) consistent with Article VI, Section 650-31 of the zoning ordinance of the City of Marlborough (the “Zoning Ordinance”). 4. In connection with the Application, Applicant filed a Special Permit Application, certified list of abutters, filing fee and site plans by Maugel Architects (collectively, the “Site Plan,” attached hereto as “Attachment A”). 5. 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. 6. Pursuant to the Rules and Regulations of the City Council 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 of the City of Marlborough caused notice of the same to be advertised said date and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 7. The Marlborough City Council, pursuant to Mass. Gen. Laws c. 40A, held a public hearing on March 25, 2024, concerning said Application. The hearing was opened and closed at that meeting. 8. Applicant presented testimony at the public hearing detailing the Application and describing the nature of its intended services to be provided and its impact in making these services more available and convenient to residents of the community. No one spoke against the proposed Special Permit. In addition, Applicant presented additional detailed project information at the Urban Affairs Committee meeting which occurred on April 29, 2024. All comments by those attending the City Council public hearing have been duly considered in making this decision. 9. Applicant provided further written and oral documentation to the City Council's Urban Affairs Committee regarding its Application, in the course of the Urban Affairs Committee meeting referred to above. 10. Applicant has requested a reasonable accommodation under State and Federal Law with respect to its Proposed Use at the Premises, specifically, relief from Marlborough Zoning Ordinance Article VI, Section 650-31 C(2)(a) as the Premises will be located within 1000’ of a school (Crossroads School Inc., 295 Donald Lynch Blvd, Marlborough, MA 01752). 11. The Applicant argues that a municipality is required to reasonably accommodate disabled persons by modifying its zoning policies, practices and procedures and may not intentionally discriminate against disabled persons. 28 C.F.R. § 35.130(b)(7)(i)-(ii) states: “A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.” BASED UPON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND TAKES THE FOLLOWING ACTIONS: A) The City Council finds that Applicant has complied with all the Rules and Regulations promulgated by the Marlborough City Council as they pertain to the Application. B) The City Council finds that the Proposed Use of the Premises, subject to the conditions imposed below, will not be in conflict with the public health, safety, convenience and welfare and will not be detrimental or offensive. Further, the City Council finds that the Proposed Use of the Premises, is consistent with the use allowed by Special Permit under Article VI, Section 650-31 of the Zoning Ordinance and that any adverse effects of the Proposed Use will not outweigh its beneficial impacts to the City or the neighborhood. In addition, the City Council finds that the outpatient services offered to individuals in recovery from substance use will provide a significant benefit to the residents of the City. In making these determinations, the City Council has considered the factors outlined in Article VI, Section 650-31(B)(1)-(7) of the Zoning Ordinance. C) The City Council finds that the individuals the Applicant intends to provide services to at the Premises are a protected class, as a result of disability, under the Americans with Disabilities Act. The City Council finds the relief requested from Marlborough Zoning Ordinance Article VI, Section 650-31 C, is reasonable and necessary, given without said relief the limitations imposed by subsection C of Section 650-31 would prevent locating the Proposed Use at the Premises. D) The City Council, pursuant to its authority under Mass. Gen. Laws c. 40A and the Marlborough Zoning Ordinance, GRANTS the Applicant a Special Permit to operate a nonresidential/outpatient facility licensed under 105 CMR 164 as a substance abuse treatment program in an existing building at 400 Donald J. Lynch Boulevard with a reasonable accommodation under the Americans with Disabilities Act in the form of a waiver from having to comply with subsection C(2)(a) of Section 650-31 of Article IV, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. Compliance With Building Regulations. Buildout and modification of the Premises to be occupied shall be in accordance with all applicable building codes in effect in the City of Marlborough and Commonwealth of Massachusetts. 2. Application and Documents. All plans, drawings, site evaluations, and documentation provided by the Applicant as part of this Special Permit Application, including the Site Plan, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same. 3. Compliance with Local, State and Federal Laws. The Applicant agrees to comply with all rules, regulations, and ordinances of the City of Marlborough, Commonwealth of Massachusetts, and the Federal Government as they may apply to the construction, maintenance, and operation of Applicant’s Proposed Use at the Premises, as supplemented by applicable conditions of this Special Permit. 4. Incorporation of Plans and Drawings. All terms, conditions, requirements, approvals, plans, and drawings provided by the Applicant as part of this Special Permit Application and as amended during the application/hearing process before the City Council and/or the City Council's Urban Affairs Committee, including the Site Plan, are herein incorporated into and become part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. 5. Compliance of Signs with Sign Ordinance. All building signage at the subject location shall comply with the City of Marlborough Sign Ordinance. 6. Fire Protection. Fire protection systems shall be acceptable in all respects to the City of Marlborough Fire Chief or their designee. 7. Safety. The Applicant’s Premises shall be locked, even during program hours (office hours). The front desk shall be staffed during program hours and patients will be required to sign-in and sign-out. A waiting area shall be used within the Premises to minimize congestion and wait time outside the Premises for pick-ups. 8. 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 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. After recording but prior to issuance of a Building Permit, Applicant shall provide the City Council and the City Solicitor’s office with a copy of the recorded Special Permit. 9. Unless the context otherwise clearly requires, all references in the above conditions to Applicant’s “successors and/or assigns” shall also refer to and include any sub-tenant(s) of the Applicant. Yea: 11 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Navin, Landers, Navin, Oram, Ossing & Robey..” (Motion: Robey)

Read it in the official minutes, page 16 (PDF)

“Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: To authorize entering into the Settlement Agreement with the Town of Northborough, as presented by the City Solicitor, regarding the pending matter, City of Marlborough v. Town of Northborough (Civil Action No. 1685CV01772), APPROVED; adopted..” (Motion: Oram)

Read it in the official minutes, page 19 (PDF)

“Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough hereby authorizes the Mayor, on behalf of the City of Marlborough, to enter into the intermunicipal agreement for Wastewater treatment with the Town of Northborough pursuant to Massachusetts General Law Chapter 40, §4A as presented, APPROVED; adopted..” (Motion: Oram)

Read it in the official minutes, page 19 (PDF)