Marlborough City Council

“Motion by Councilor Irish, to move the recommendation of the Finance Committee, seconded by the Chair to adopt the following: ORDERED: That the Job Description pursuant to Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” relative to the position of Comptroller/Treasurer, APPROVED; adopted. President Ossing declared the vote of 10 – 1..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee, seconded by the Chair to adopt the following: ORDERED: That the Mayor is authorized pursuant to MGL Chapter 41 §108N ½ to execute an Employment Contract between the City of Marlborough and Brian Doheny as Comptroller/Treasurer, APPROVED; adopted. President Ossing declared the vote of 10 – 1..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $20,695.00 (twenty thousand six hundred ninety-five dollars) from Assistant Finance Director to Comptroller/Treasurer to fund the contract for the remainder of FY26, APPROVED; adopted. President Ossing declared the vote of 10 – 1..” (Motion: Irish)

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“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: The City Council supports the Municipal Aggregation Committee’s unanimous endorsement (Vote 5 – 0) to have the City participate in a low-income community solar discount rate program as part of the City’s municipal aggregation plan subject to applicable state requirements, and authorizes the Mayor to negotiate and enter into a memorandum of understanding, administrative services agreement, and/or any other document or agreement necessary to effectuate the above, for a term not to exceed twenty (20) years, subject to the approval of the Commissioner of Public Works, Chief Procurement Officer, and City Solicitor. APPROVED; adopted. President Ossing declared the vote of 10 – 1..” (Motion: Navin)

Read it in the official minutes, page 8 (PDF)

“Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009513D Special Permit Application of: 1st Choice Auto Services & Sales, Inc. 299 Maple Street Marlborough, MA 01752 Order No. 25-1009513D Locus: 299 Maple Street Marlborough, MA 01752 Assessors Map 93 Parcel(s) 36 and 36A DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009513D The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to 1st Choice Auto Services & Sales, Inc. (the “Applicant”) to modify a preexisting nonconforming auto repair use and structure by adding an accessory auto sales use at 299 Maple Street, Marlborough, MA in the Commercial Automotive Zoning District, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, 1st Choice Auto Services & Sales, Inc., is a Massachusetts corporation with an address of 299 Maple Street, Marlborough, MA 01752. 2. The Applicant is the tenant of the property located at 299 Maple Street, Marlborough, Massachusetts, being shown as Parcels 36 and 36A on Assessors Map 93 (the “Site”). 3. In accordance with Section 650-12.B, Section 650-17, and Section 650-18.A(25), of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Applicant proposes to modify a preexisting nonconforming auto repair use and structure at the Site by adding accessory auto sales (the “Use”). As shown on the Plans referenced in paragraph 5 below, the Use consists of an auto repair building and accessory parking. 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, and a site plan entitled “Preliminary Site Plan of Map 93, Lots 36 & 36A” by Levesque Geomatics Inc., with the last revision date of October 30, 2025 (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 Commercial Automotive Zoning District. 8. The Site has an area of 6,405 square feet +/- as shown on the Plans. 9. The Site’s principal building is a preexisting nonconforming structure with respect to setbacks and lot coverage. The Site’s auto repair use is preexisting nonconforming with respect to the need for a special permit for such a use on a parcel with an area of less than one acre. 10. 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. 11. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, August 18, 2025. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on August 18, 2025. 12. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 13. 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 change of use of the preexisting nonconforming use and structure would not be substantially more detrimental to the neighborhood than the existing nonconforming use and structure. C. The City Council finds that the preexisting nonconforming use and structure have not been abandoned for a period of two years or more. D. The City Council finds that the proposed Use is not enlarged to more than 25% of the floor and ground area of the preexisting nonconforming structure at the Site. E. 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. F. 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 an accessory auto sales use at 299 Maple Street on a parcel with an area of less than one acre, and a modification of a preexisting nonconforming auto repair use and structure at 299 Maple Street by adding the accessory auto sales use, 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 Site Plan Review, shall be further conditions attached to the building permit, and no final occupancy permit shall be issued until the Applicant has complied with all conditions, provided, however, that subsequent to the issuance of this Special Permit and Site Plan Approval, the Site Plan Review Committee may authorize the phasing of site and building work depending upon weather conditions and other factors. 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. Vehicles on Site. The Applicant shall not display more than five (5) vehicles for sale on the Site at any given time. Inclusive of vehicles for sale, the Applicant shall not have more than more than twenty (20) vehicles on the Site at any given time, unless through the Site Plan Review process it is determined that only a smaller number of vehicles can fit on the Site, in which case the smaller number of vehicles will be the maximum allowed. 6. Parking. Parking areas for vehicles under repair, employees, customers, and vehicles on display for sale shall be orderly and in designated striped areas as shown on the Plans. The Applicant shall not park vehicles for sale or under repair off of the Site along public ways. 7. Drainage. As part of Site Plan Review, the Applicant shall work with the City Engineer on options for drainage improvements designed to reduce runoff from the Site. 8. Screening. The car service storage area shall be screened from Maple Street, to be determined during the Site Plan Review process. 9. Planters. The Applicant shall install planters along the front of the property adjacent to the sidewalk and along the northeast sideline of the Site, with the size, number, and specific location of said planters to be determined during the Site Plan Review process, designed to improve the aesthetics of the Site and offer some screening of vehicles under repair. The Applicant shall plant and maintain evergreen plants and flowering plants in the planters. 10. Vehicles Sales License. The Applicant shall obtain and comply with a vehicle sales license from the City’s Licensing Board. 11. Noise and Air Quality. The Applicant shall comply with the City’s Noise Ordinance and shall comply with all state and federal requirements governing air quality and emissions. 12. 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: 9 – Nay: 1 – Abstain: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram & Ossing. Nay: Robey. Abstain: Sargent..” (Motion: Robey)

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“Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Marlborough City Council pursuant to its authority by Chapter 65 of the Acts of 2025, do hereby appoint Matthew Stephen Sargent as the City Councilor for Ward 7 effective December 1, 2025, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Fuccillo)

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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 $1,000,000.00 (One million dollars) which moves funds from Overlay Reserve to Reduce the FY 2026 Tax Levy, APPROVED; adopted. President Ossing declared the vote of 11 – 0. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Mayor's Office FISCAL YEAR: 2026 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $1,000,000.00 $1,000,000.00 10000 32200 Overlay Reserve $1,000,000.00 To reduce FY26 Tax Levy $0.00 Reason: Excess overlay from FY21& FY22 to reduce FY26 tax levy $1,000,000.00 Total $1,000,000.00 Total President Ossing declared the vote of 11 – 0..” (Motion: Irish)

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“Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009483E Special Permit Application of: FD 130 Lizotte, LLC Order No. 25-1009483E Locus: Lizotte Drive Marlborough, MA Assessors Map 90, Parcel(s) 2A and 83 DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009483E The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to FD 130 Lizotte, LLC (the “Applicant”) to build and operate a three-building multifamily dwelling project, with a total of 187 residential units off of Lizotte Drive, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, FD 130 Lizotte, LLC, is a Massachusetts limited liability company with an address of 118 Turnpike Road, Suite 300, Southborough, MA 01772. 2. The Applicant is the owner of the property located along Lizotte Drive in Marlborough, Massachusetts, being shown as Parcels 2A and 83 on Assessors Map 90 (the “Site”). 3. In accordance with Article VI, Section 650-39.1, of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Applicant proposes to build and operate at the Site a three-building multifamily dwelling project with a total of 187 residential units, consisting of a converted office building with 74 residential units, two new buildings with a total of 113 residential units, on-site parking, open space areas, and residential amenities (the “Use”). Each building, or one or more of the buildings together, may be organized as its own condominium and constructed in phases at different times. 4. The Site is located in the Limited Industrial District and the Lizotte Drive Overlay District. 5. The Site has an area of 441,331 square feet +/- as shown on the Plans referenced in paragraph 7 below. 6. The Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough an Application for a Special Permit (“Application”) for the Use. 7. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and a detailed site plan entitled “Site Development Plans for Glenford at Lake Williams” by Bohler Engineering with a last revision date of October 2, 2025, a set of architectural plans entitled “130 Lizotte Dr Multifamily Development” by Monte French Design Studio with a last revision date of July 22, 2025, and a set of architectural plans entitled “Architectural Plans for 130 Lizotte Drive” by DMS Design LLC with a last revision date of April 2025 (collectively, the “Plans”, attached hereto as “ATTACHMENT A.”) 8. 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. 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, July 21, 2025. The hearing was closed on that date. 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. 13. The Applicant, through its representatives, conducted a balloon height test on November 7, 2025, and November 8, 2025, to demonstrate the height of the proposed new buildings, with notices of the balloon height test being mailed to property owners listed on the certified list of abutters and being posted on the City website. The balloon height test demonstrated that the proposed new buildings would not be visible above the existing tree line east of the Site when viewed across Lake Williams from the east. 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. In accordance with Section 650-39.1.C(3), the City Council finds that modifications to the dimensional, parking, design, and landscaping requirements applicable to the Use, as shown and described on the Plans, results in an improved design that does not nullify or substantially derogate from the intent or purpose of Section 650-39.1 of the Zoning Ordinance because the design accommodates garage parking below the new buildings, optimizes the location of the buildings on the lots, and maximizes green space. In addition, by allowing for separate lots within the overall project, the proposed dimensional changes better accommodate condominium ownership communities among the three buildings. Given the existing vegetated buffers around the project and the Site’s distance from homes and businesses, the proposed setbacks and heights will have minimal impacts on neighbors. D. 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 to build and operate a three-building multifamily dwelling project with a total of 187 residential units, as shown on the Plans, 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 Section 650-39.1 of the Zoning Ordinance prior to the issuance of a building permit. 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. Any additional changes, alterations, modifications, or amendments, as required during the process of Site Plan Review, shall be further conditions of this Special Permit and conditions attached to the building permit, and a final occupancy permit for the entire project shall not be issued until the Applicant has complied with all conditions, provided, however, that subsequent to the issuance of this Special Permit and Site Plan Approval, the Site Plan Review Committee may authorize the phasing of site and building work depending upon weather conditions and other factors, and final occupancy permits may be issued for the first two buildings completed at the Site in earlier phases if site work related to those buildings has been completed and Applicant has complied with all conditions applicable to both the phase and the first two buildings. In accordance with Section 650- 39.1.I of the Zoning Ordinance, the Building Commissioner may approve minor modifications to the Special Permit and the Plans. 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 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. The final architectural design of the Site shall be reasonably consistent with the Plans submitted by the Applicant. The final exterior features of the Site, including landscaping, shall be maintained in good condition and shall be reasonably consistent with the Plans submitted and representations made to the City Council. 4. Storm Water and Erosion Control Management. The Applicant 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 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. This individual(s) shall ensure compliance with the approved sequence of construction plan and the approved erosion control plan. The Applicant shall grant this individual(s) complete authority of the Site as it relates to stormwater and erosion controls. 5. Phasing of Construction: Each of the three proposed condominium buildings, or one or more of the buildings together, may be organized as its own condominium and constructed in phases at different times. Site Plan Review in accordance with Condition #2 may be addressed in phases, with separate reviews for different buildings. 6. Affordable Units. Twelve percent (12%) of the dwelling units at the Site shall be made available as units for sale at affordable prices to home buyers (whose annual income does not exceed eighty percent (80%) of the area median income as defined in Section 650-5 of the Zoning Ordinance) in perpetuity or the longest period allowed by law (the “Affordable Housing Units”), in accordance with the provisions of Section 650-26 of the Zoning Ordinance and this condition. The Affordable Housing Units shall be distributed evenly among the three buildings pro rata, with no less than twelve percent (12%) of the dwelling units in each building constituting Affordable Housing Units. The Affordable Housing Units shall comply with all requirements for inclusion in the Subsidized Housing Inventory (“SHI”) of the Commonwealth of Massachusetts Executive Office of Housing and Livable Communities (“EOHLC”). Prior to obtaining an occupancy permit for any unit within a given building, the Applicant, in coordination with the City and its Community Development Authority, shall file all required submissions to EOHLC for inclusion of the Affordable Housing Units within that specific building on the SHI and shall diligently take all actions necessary to include the Affordable Housing Units on the SHI, including without limitation, preparing and executing a regulatory agreement and declaration of restrictive covenants and/or any other restrictive instrument necessary to ensure compliance with said Zoning Ordinance and this condition, a marketing plan, and all other required documentation. All costs associated with complying with this condition, including but not limited to, the EOHLC process, recording of all documents with the registry of deeds, and the marketing plan for the Affordable Units shall be borne by the Applicant. 7. Transportation Alternatives. a. Information regarding public transportation services, maps, schedules, and fare information shall be posted in a central location and/or otherwise made available to residents within each building at the Site. b. A welcome packet shall be provided to residents detailing available public transportation services, bicycle and walking alternatives, commuter options, and local walking trails. c. Work-at-home workspaces are encouraged to be provided to support telecommuting by residents of the Site. d. A central maildrop shall be provided within each building for residents. e. Secure bicycle parking shall be provided for residents and visitors, including weather-protected bicycle parking within the two parking garages on site. 8. Green Design. The Applicant shall utilize best practices to design energy-efficient buildings and is encouraged to design buildings and accessory structures to accommodate accessory solar energy facilities and/or other technologies as feasible. The Applicant shall use best efforts to provide all-electric utilities contingent upon the utility company being able to commit to such service during the project’s ordinary construction timeline. Accommodations for future electric vehicle (EV) charging stations or EV dedicated outlets shall be installed in at least 10% of the parking spaces for each building, provided that, each building shall have at least ten (10) parking spaces with EV charging stations or EV dedicated outlets installed prior to the issuance of the first occupancy permit for any unit within the building. 9. Lizotte Drive Improvements. Prior to issuance of a final occupancy permit for the entire project but no later than one (1) year after issuance of a final occupancy permit for the first building, the Applicant, at the Applicant’s sole expense, shall complete the reclamation and repaving of Lizotte Drive from Lizotte Drive’s intersection with Jackson Drive to the end of the Lizotte Drive cul-de-sac under the supervision of the City’s Department of Public Works. Said work to start after significant construction activities at the Site involving large trucks and equipment have concluded. Notwithstanding the above, the Site Plan Review Committee may authorize the City’s issuance of a final occupancy permit for the entire project or extend the one-year time frame set forth in this condition, prior to the completion of said work, due to weather conditions or other factors if said work is secured by a bond or other form of security held by the City in an amount deemed adequate by the City Engineer to enable the City to complete said work. 10. Jackson Drive. As part of formal Site Plan Review, the Applicant shall evaluate options for the private way known as Jackson Drive in the vicinity of the Site, including working with neighboring property owners to improve or modify access to the way. 11. Lake Williams Trail Funding. Prior to the issuance of the first building permit for any part of the Use, the Applicant shall provide a payment to the City in the amount of $50,000 to be used by the City for maintenance and improvements to the Lake Williams trail system, said payment to be deposited into the City’s Lizotte Drive Mitigation Stabilization Fund, Account Number 83600-32729. 12. Williams Street Ball Fields Funding. Prior to the issuance of the first building permit for any part of the Use, the Applicant shall provide a payment to the City in the amount of $100,000 to be used by the City for improvements to the ball fields along Williams Street in the vicinity of the Site, said payment to be deposited into the City’s Lizotte Drive Mitigation Stabilization Fund, Account Number 83600-32729. 13. West Side Fire Station Funding. Prior to the issuance of the first building permit for each of the three residential buildings at the Site, the Applicant shall make a payment to the City in the amount of $1,000 for each multifamily dwelling unit to be developed in the respective building, for a total of $187,000 for the Use, to be used by the City for a proposed West Side Fire Station, said payments to be deposited into the City’s West Side Fire Station Mitigation Stabilization Fund, Account Number 83600-32701. 14. Landscaping. A detailed landscaping plan for the Site shall be reviewed and further conditioned during the Site Plan Review process. The landscaping plan shall be more robust than is required by the Zoning Ordinance and shall provide shade canopy and use native plants to improve habitat. The Applicant shall maintain the landscaping at the Site for the duration of the Use. 15. Lighting. Exterior lighting at the Site shall be downward-facing and shielded to minimize impacts on neighboring properties, with a lighting plan for the Site to be reviewed and further conditioned during the Site Plan Review process. 16. Conservation Commission Approval. The Applicant shall obtain and comply with an Order of Conditions from the City’s Conservation Commission. 17. Compliance with Applicable Laws. The Applicant 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. 18. Recording of Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 11, the Applicant, 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 – Abstain: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Abstain: Sargent..” (Motion: Robey)

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

“Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009512D Special Permit Application of: Farm Road Realty Trust Order No. 25-1009512D Locus: 17 Airport Boulevard, Unit 20 Marlborough, MA Assessors Map 73, Parcel(s) 52 DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009512D The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Farm Road Realty Trust (the “Applicant”) for a contractor’s yard including changing the use of a preexisting nonconforming structure for a contractor’s yard at 17 Airport Boulevard, Unit 20, in the Limited Industrial Zoning District, as provided in this DECISION and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, Farm Road Realty Trust, is a Massachusetts realty trust with an address of Post Office Box 8, Southborough, MA 01772. 2. The Applicant is the owner of the property located at 17 Airport Boulevard, Unit 20, being shown as a portion of Parcel 52 on Assessors Map 73 (the “Site”). 3. In accordance with Section 650-12(B), Section 650-17, and Section 650-18(A)(48), of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Applicant proposes a contractor’s yard including changing the use of a preexisting nonconforming structure for a contractor’s yard at the Site (the “Use”). As shown on the Plans referenced in paragraph 5 below, the Use consists of a building, accessory parking, landscaped areas. 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 “Proposed Plot Plan Land” by Control Point Associates, Inc. with a last revision date of May 29, 2025, and a landscaping plan entitled “Proposed Landscape Plan of Use Area #20 Airport Boulevard” by Connorstone Engineering, dated October 13, 2022 (collectively 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 Limited Industrial Zoning District. 8. The Site has an area of 32,097 square feet +/- as shown on the Plans. 9. The Site is preexisting nonconforming with respect to the existing building’s side and rear setbacks. 10. 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. 11. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, August 18, 2025. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on August 18, 2025. 12. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 13. 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 change of use of the preexisting nonconforming structure would not be substantially more detrimental to the neighborhood than the existing nonconforming use and structures. C. The City Council finds that the preexisting nonconforming structure has not been abandoned for a period of two years or more. D. The City Council finds that the proposed Use is not enlarged to more than 25% of the floor and ground area of the preexisting nonconforming structure at the Site. E. 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. F. 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 contractor’s yard including changing the use of a preexisting nonconforming structure for a contractor’s yard at 17 Airport Boulevard, Unit 20, 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 Site Plan Review, shall be further conditions attached to the building permit, and no final occupancy permit shall be issued until the Applicant has complied with all conditions, provided, however, that subsequent to the issuance of this Special Permit and Site Plan Approval, the Site Plan Review Committee may authorize the phasing of site and building work depending upon weather conditions and other factors. 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 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 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. 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. 6. Screening. In accordance with Section 650-18(A)(48) of the Zoning Ordinance, the Applicant shall install solid fencing and vegetated screening to screen areas of the Site used for the storage of vehicles, equipment, and materials from the street and adjacent properties, and shall maintain such screening in good repair. Any fencing shall comply with the requirements of all applicable City Ordinances. 7. Outdoor Storage Areas. In accordance with Section 650-18(A)(48) of the Zoning Ordinance, the outdoor storage of vehicles, equipment, and materials shall be located on impervious and otherwise dust-free surfaces. Materials shall be stored with sufficient protections to avoid damage to landscaped areas and to avoid interference with the proper functioning of stormwater infrastructure. Lawn areas shall be separated from adjacent parking/storage areas with curbing and barriers to prevent the use of lawn areas for materials or vehicle storage. 8. Indoor Storage Areas. Building areas used to store vehicles, equipment, and materials indoors shall be equipped with floor drainage systems designed to prevent fuel, oil, and other hazardous materials from entering the stormwater or sewer systems, approved through the Site Plan Review process. 9. Vehicle Repairs and Maintenance. The Site may not be used for major repairs of vehicles and equipment, but minor maintenance of vehicles and equipment which are exclusively operated as part of the Use may be performed indoors only, subject to Condition 10. 10. Noise and Air Quality. The Applicant, its successors and/or assigns, shall comply with the City’s Noise Ordinance and shall comply with all state and federal requirements governing air quality and emissions. 11. Lighting. Exterior lighting at the Site shall be downward facing and shielded to minimize impacts on neighboring properties, with a lighting plan for the Site to be reviewed and further conditioned during the Site Plan Review process. Exterior lighting at the Site shall be shut off outside of operating hours, except for lighting necessary for security and emergency access. 12. 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. 13. 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 – Abstain: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Abstain: Sargent..” (Motion: Robey)

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

“Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009554C Application of: Taj Estates of Marlborough, LLC Order No. 25-1009554C Locus: 163-175 Main Street Map 70, Parcels 76A, 77, 78, 79, Portions of 33A, 34, 77A, and city stair land DECISION ON AN AMENDMENT TO A SPECIAL PERMIT ORDER NO. 25-1009554C (X 18/19-1007135, 19-1007571) The City Council of the City of Marlborough hereby GRANTS the Application to Amend a Special Permit to Taj Estates of Marlborough, LLC (the “Applicant”) to authorize modifications to a mixed-use project at 163-175 Main Street, 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 limited liability company having a mailing address of 95 East Main Street, Suite 100, Westborough, MA 01581. 2. The Applicant is the prospective buyer of the property located at 163-175 Main Street, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 70, Parcels 76A, 77, 78, 79, portions of Parcels 33A, 34, 77A, and portions of the adjacent city stair land, with a total area of 23,242 square feet (the “Site”). 3. The Site’s owner is Vincenza Sambataro with a mailing address of 22 Indian Rock Road, Wayland, MA 01778. 4. The Site is located primarily in the Marlborough Village Zoning District, with a 98 square foot portion located in the Business District. 5. On October 7, 2019, the City Council of the City of Marlborough voted to grant a special permit authorizing the Applicant to build and operate a mixed-use development at the Site (the “Use”) in accordance with Article VI, Section 650-17, Section 650-34, and Section 650-41 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), recorded at the Middlesex South District Registry of Deeds in Book 70281, Page 571 and registered on Certificate # 266543 (the “Original Special Permit”). 6. Due to two statutes, Chapter 53 of the Acts of 2020 and Chapter 238 of the Acts of 2024, extending the effective dates of various land use approvals, the Original Special Permit will lapse on January 12, 2026. 7. The Original Special Permit was approved in accordance with the provisions of the Zoning Ordinance in effect as of the date of application for the Original Special Permit in 2019 (the “2019 Ordinance”). A 2023 amendment to the Zoning Ordinance with respect to the Marlborough Village District, City Council Order No. 23-1008721, does not apply to the Use, in accordance with M.G.L. c. 40A, Sections 5 and 6, and the express terms of said Order. 8. The Original Special Permit authorized certain relief from the 2019 Ordinance as follows: a. A seventh (7th) story and a total building height of 81 feet, including within 50 feet of a residential zone, authorized by special permit in accordance with Section 650- 34.F(1) and Section 650-41, Attachment 2, Note 12; b. Total lot coverage of 94%, authorized by special permit in accordance with Section 650-41, Attachment 2, Note 13; c. A rear setback of 0 feet, authorized by special permit in accordance with Section 650-41, Attachment 2, Note 15; d. A Mixed-Use Development over a 98 square foot portion of the project site zoned Business, authorized by special permit in accordance with Section 650-17, Attachment 1; and e. Authorization for the issuance of more than 100 residential units in the Village District in a single calendar year, authorized by special permit in accordance with Section 650-34. G(1). 9. On September 18, 2025, the Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough an application to amend the Original Special Permit to modify the Use, under the provisions of Massachusetts General Laws Chapter 40A, Section 9, and the Zoning Ordinance (the “Application”). 10. In connection with the Application, the Applicant submitted a certified list of abutters and filing fees. 11. In connection with the Application, the Applicant submitted a site plan entitled “163-175 Main Street Marlborough, MA Plan Set” by MP Design Consultants, stamped by Carlos Ferreira, P.E., last revised November 6, 2025, and set of architectural drawings entitled “163 Main Street: Design Development” by MP Design Consultants, last revised November 6, 2025 (together, the “New Plans”), attached as “ATTACHMENT A”. 12. The Use, modified as shown on the New Plans, would consist of a mixed-use development at the Site with 67 residential units, 59 on-site parking spaces, and street level commercial space, in a 7-story building with a height of 75 feet, and not including a roof deck, as shown on the New Plans. 13. 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. 14. 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. 15. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, October 20, 2025. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on October 20, 2025. 16. The Applicant, through its representatives, presented testimony at the public hearing detailing the Application, describing its impact upon municipal services, the neighborhood, and traffic. 17. At the public hearing, four members of the public spoke in favor of the Application, one member of the public submitted a letter in favor of the Application, and two members of the public spoke in opposition to the Application. 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 at the Site, modified as shown on the New Plans, 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, as further specified below. C. The City Council finds that public safety will not be impacted by a reduction of the rear setback to zero feet and the reduction will yield a better design for the project. D. 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 the Original Special Permit in order to modify the Use at the Site as shown on the New Plans, 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 in accordance with this Decision and the New Plans as may be amended during Site Plan Review. 2. Compliance with Applicable Laws. The Applicant 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. 3. Site Plan Review. The issuance of this Decision is further subject to detailed Site Plan Review by the City Council prior to the issuance of a building permit. Any additional changes, alterations, modifications or amendments, as required during the process of Site Plan Review, shall be further conditions attached to this Decision and the building permit, and no final occupancy permit shall be issued until the Applicant has complied with all conditions, provided, however, that subsequent to the issuance of this Decision and Site Plan Approval, the City’s Site Plan Review Committee may authorize the phasing of site and building work depending upon weather conditions and other factors. Site Plan Review shall be consistent with the conditions of this Decision and the materials submitted, reviewed, and approved by the City Council as the Special Permit Granting Authority. 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. The final architectural design of the Site shall be reasonably consistent with the New Plans submitted by the Applicant. The final exterior features of the Site, including landscaping, shall be maintained in good condition and shall be reasonably consistent with the New Plans submitted and representations made to the City Council. 5. Monument Donation. The Applicant agrees that prior to the issuance of a certificate of occupancy for the Use, the Applicant shall donate materials and engraving for a Gold Star Family Memorial monument to be located in the plaza behind Marlborough City Hall, with plans and specifications for said monument to be provided by the Marlborough Veterans Council and the City Engineer, and with installation of the monument to be the responsibility of the City. 6. Relief Granted in Original Special Permit. Expect as modified as set forth in the New Plans, the Use shall continue to benefit from the relief granted pursuant to the Original Special Permit. This Decision amends the Plans referenced and shown in Attachment A to the Original Special Permit to be the New Plans attached to this Decision as “ATTACHMENT A”. 7. Conditions in Original Special Permit. Conditions #1 through #4 of the Original Special Permit are amended to read as set forth above in Conditions #1 through #4 of this Decision, respectively. Conditions #5, #6 and #7B of the Original Special Permit shall continue in full force and effect, except for references in Condition #6 to a “roof deck” which is not applicable to the New Plans as there is no roof deck. Condition #7 and #7A of the Original Special Permit shall not apply to the New Plans as there is no roof deck. 8. Recording of Decision. In accordance with the provisions of Massachusetts General Laws Chapter 40A, Section 11, the Applicant at its expense shall record this Decision in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Decision 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 Decision to the City Council’s office, the Building Department, and the City Solicitor’s office. Yea: 8 – Nay: 2 Yea: Vital, Doucette, Brown, Irish, Fuccillo, Navin, Ossing & Robey. Nay: Preciado & Oram..” (Motion: Robey)

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