October 21, 2024

“Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee to approve the following, seconded by the Chair: ORDERED: IN CITY COUNCIL DECISION ON A SPECIAL PERMIT ORDER NO. 24-1009228B Application of: Ambidextrous Ventures LLC 2 Peabody Court Concord, MA 02142 Locus: 119 Airport Boulevard, Unit 11 Parcel: 73-52-1-11 The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Ambidextrous Ventures LLC (the “Applicant”) for a private recreation establishment consisting of a pickleball complex as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, Ambidextrous Ventures LLC, is a Massachusetts limited liability company having a principal business address of 2 Peabody Court, Concord, MA 02141. 2. The Applicant is the owner of the property located at 119 Airport Boulevard, Unit 11, Marlborough, MA, being Assessor’s Parcel 73-52-1-11 (the “Site”). 3. On June 21, 2024, the Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough, an Application for a Special Permit, herein referred to as (the “Application”). 4. In accordance with Article V, Section 650-17 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Application proposes a private recreation establishment consisting of a pickleball complex (the “Use”) at the Site. As shown on the Plans referenced in paragraph 5 below, the Use will consist of the following: one (1) single- story, 19,950 square foot building with six (6) indoor pickleball courts, one (1) pickleball practice court, a pickleball pro shop, office, restrooms, locker rooms, lounge, sale of beverages and pre-packaged snacks, viewing area, and one (1) outdoor pickleball court, seventy-six (76) parking spaces, a picnic area and other accessory uses to support the pickleball complex (including but not limited to indoor ping-pong, foosball, darts and other activities conducted during wait times). 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, a site plan entitled “Proposed Site Plan of Use Area #11 119 Airport Boulevard in Marlborough, MA” dated April 5, 2024, with revisions through September 10, 2024, prepared for Ambidextrous Ventures, LLC, by Connorstone Engineering Inc., a landscape plan entitled “Proposed Landscape Plan of Use Area #11, 119 Airport Boulevard in Marlborough, MA” dated April 23, 2024 prepared for Ambidextrous Ventures, LLC, prepared by Connorstone Engineering Inc., and Architectural Plans entitled “Marlborough Pickleball” dated September 26, 2023 with revisions through June 19, 2024, prepared by Ganek Architects Inc., (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 has an area of 85,337 +/- square feet, as shown on the Plans. 8. The Site is located in the Limited Industrial (“LI”) zoning district. 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 be 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, August 19, 2024. The public hearing was held at Marlborough City Hall, 140 Main Street. The hearing was closed on August 19, 2024. 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, members of the public expressed concern over noise from the outdoor court and the hours of operation, impact the Pickleball Facility will have on property values, days where parking demand will be in excess of available parking, and questions regarding any expansion of the facility in the future, whether the facility is membership based, whether a member can bring a guest, and whether it would be open to the public. 13. At the public hearing, the Applicant addressed concerns and questions expressed by members of the public including noise, operation/hours of the Use, proximity to the Site and a nearby athletic club. 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 a private recreation establishment consisting of a pickleball complex, 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 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 the 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. Any modification of the conditions of this special permit or the Use as approved herein shall first require modification of this special permit. 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. Lighting. Exterior lighting at the Site shall be downward facing and shielded to minimize impacts on neighboring properties. There shall be no lighting of the outdoor court. 6. Screening for Abutters. The Applicant shall install infill vegetated landscaping to supplement the existing tree line along the east and south property lines to screen areas of the Site used for the outdoor pickleball court, parking and driveways from adjacent properties. 7. Stormwater and Erosion Control Management. The Applicant, its successors and/or assigns, shall ensure that its site superintendent during construction of the project 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 (greater than 0.5 inch in 24 hours) including weekends and evenings when storms are predicted. This individual(s) shall ensure that no untreated stormwater leaves the Site, consistent with the Commonwealth’s and the City’s stormwater regulations. This individual(s) shall ensure compliance with the approved sequence of construction plan and the approved erosion control plan. 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. 8. Detention Basins and Infiltration Systems. The on-site detention basin and infiltration system shall be inspected by the Applicant not less than annually with respect to sedimentation accumulation with copies of annual reports given by the Applicant to the City Engineer. To the extent such reports indicate to the City Engineer the need for sediment removal, the same shall be removed by the Applicant. 9. Snow Storage. Snow Storage is to be provided on-Site by the Applicant on impervious surfaces, except (a) during peak winter months or (b) during exceptional storms, in either of which events the Applicant may elect to utilize off-site storage. Snow-melt runoff is to be directed toward catch basins. 10. Emergency Medical Services. (a) Any time an athletic event is being played on-Site, Applicant shall have an Automated External Defibrillator available, and a person trained to administer the defibrillator. (b) At all times during athletic events being played on-Site, the Applicant shall employ and have present on-Site a person who is certified through the American Red Cross for Standard First Aid. Said certification includes, but is not limited to, CPR for adults, children, and infants, first aid for bleeding, broken bones and seizures. 11. Parking Areas. (a) Seventy-six (76) parking spaces shall be provided as shown on the Plans. (b) No overnight parking of any kind of vehicle is allowed on the Site, including the parking lot. (c) Buses will not queue so as to obstruct the passageway to the main entrance from the handicap parking area in front of the main entrance. (d) Parking areas/lots shall be used for parking only. No other activities including but not limited to car washes, tailgating, festivals, picnics, or sports clinics shall take place in the parking areas/lots. (e) Parking areas will be swept, as necessary. (f) Pursuant to the provisions of Massachusetts General Laws, Chapter 90, Section 18, the Applicant shall submit a written request and grant of authority to the Marlborough Traffic Commission to promulgate legally enforceable rules and regulations for the control of on-Site traffic and parking. (g) Applicant shall be responsible for providing, installing, and maintaining all signage or markings required by the Traffic Commission. Such signage or markings shall meet the standards of the Manual of Uniform Traffic Control Devices. (h) Because of the lack of history in the parking requirements for the Use, the City Council may review said requirements within two years of the opening of the Use. If the City Council determines that there is a requirement for the Applicant to provide for overflow parking, the City Council may amend this Special Permit to add an overflow parking requirement as a condition of the Use. (i) No parking for the Use is permitted on the cul-de-sac, Airport Boulevard, or any other property off-Site. 12. Pickleball Facility Only. The Use is limited to the specific primary purpose of a complex for the sport of pickleball as further described in Findings of Fact #4. All courts shall be limited to pickleball only. Accessory uses are limited to uses that are ancillary and in support of the primary purpose of pickleball (including but not limited to indoor ping-pong, foosball, darts and other activities conducted during wait times). 13. Hours of Operation. The maximum hours of operation of the Use shall be seven days a week, 5:30 AM to 12:00 AM (midnight), provided that, usage of the outdoor pickleball court shall be limited to dawn (but no earlier than 7:00 AM) to dusk (but no later than 9:00 PM). The outdoor court shall be locked when not open for usage. 14. Screening of Trash Dumpster. Applicant shall screen the Use’s trash area by constructing a fence so as to hide the trash receptacle from sight. The dumpster on the Site will be covered. 15. Serving of Alcoholic Beverages and Food. The service of alcoholic beverages on the Site as part of the Use shall be limited as follows. Applicant may serve wine and malt beverages as an accessory use, subject to the following further conditions: (a) obtaining a wine and malt beverage, on-premises license from the City of Marlborough Licensing Board in accordance with MGL Chapter 138; (b) wine and malt beverages shall only be served and consumed inside the building within interior areas as determined by the Licensing Board (but excluding indoor courts), and not in any outdoor areas; (c) serving of wine and malt beverages shall be limited to the hours of 11:00 AM to 12:00 AM (midnight); and (d) pre- packaged snacks shall be available for purchase in the lounge area. 16. 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: 11 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Oram, Ossing & Robey..” (Motion: Robey)

Read it in the official minutes, page 7 (PDF)