March 10, 2025

“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 NOTICE OF DECISION GRANT OF SPECIAL PERMIT ORDER NO. 24/25-1009317C Application of: Marlborough Maple Real Estate Trust Post Office Box 95 Newton Upper Falls, MA Locus: 420 Maple Street Marlborough, MA 01752 Assessors Map 93, Parcel(s) 67A DECISION ON A SPECIAL PERMIT The City Council of the City of Marlborough hereby GRANTS the application for a Special Permit to Marlborough Maple Real Estate Trust (the “Applicant”) for one (1) drive-through service window for a coffee shop cafe located at 420 Maple Street, Marlborough, Massachusetts, as provided in this Decision and subject to the following Procedural Findings and Findings of Facts and Conditions. FINDINGS OF FACT AND RULING 1. The Applicant is a duly organized and existing real estate trust having a mailing address of PO Box 95 Newton Upper Falls, MA 02464. 2. The Applicant is the owner of the property at 420 Maple Street, Marlborough Massachusetts, being shown as Parcel 67A on Assessors Map 93 (the “Site”). 3. The Applicant proposes to utilize a portion of an existing structure on the Site to operate a coffee shop cafe with one (1) drive-through service window (the “Project”). 4. The Site is located in the Commercial Automotive Zoning District as determined by the Zoning Map of the City of Marlborough. 5. The Applicant’s use of the Site as a restaurant with a drive-through service window is allowed by special permit pursuant to Sections 650-14.B(2) and 650-17 of the Zoning Ordinance. 6. The Applicant filed with the City Clerk of the City of Marlborough an Application for a Special Permit (“Application”). In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, architectural drawings entitled “Cafe at 420 Maple Street” by LaFreniere Architects, dated October 31, 2024, and subsequently submitted electronically to the City Council a detailed site plan entitled “Drive-Thru Renovation Site Plan” by Samiotes Consultants, Inc., dated October 30, 2024 (the “Plans”), attached hereto as “ATTACHMENT A.” 7. The Application was certified 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. 8. 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 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. 9. The Marlborough City Council, pursuant to Massachusetts General Laws, Chapter 40A, held a public hearing on the application on Monday, January 27, 2025. The hearing was closed on January 27, 2025. 10. The Applicant, through its representatives, presented testimony at the public hearing detailing the Project, describing its impact upon municipal services, the neighborhood, and traffic. One member of the public asked clarifying questions including questions regarding roasting on the premises, seating in the café, signs, directional signage and pavement arrows, and parking. No members of the public spoke in opposition to the Project. 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 to operate one (1) drive-through service window 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 shall 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. Compliance with Applicable Laws. The Applicant, its successors and/or assigns agrees to comply with all municipal, state, and federal rules, regulations, statutes, and ordinances as they may apply to the construction, maintenance, and operation of the Project. 3. Site Plan Review. The issuance of the Special Permit is further subject to detailed Site Plan Review in accordance with the City of Marlborough Site Plan Review Ordinance prior to the issuance of the building permit. Any additional changes, alterations, modifications or amendments, as required during the process of Site Plan Review, shall be further conditions attached to the building permit, and no occupancy permit shall be issued until the Applicant has complied with all conditions. Subsequent Site Plan Review shall be consistent with the conditions of this Special Permit and the Plans submitted, reviewed and approved by the City Council as the Special Permit Granting Authority. 4. Modification of Plans. Notwithstanding conditions #1 and #3 above, the Site Plan Review Committee may make engineering changes to the Plans, so long as said changes do not change the use of the Project as approved herein, or materially increase the impervious area of the Project, reduce the green area, alter traffic flow, increase the size, shape or position of the building, or alter the fencing bordering the property, all as shown on the Plans. 5. Signs and Awnings. The locations and design of signage shall be reviewed and approved by the City of Marlborough in accordance with the Sign Ordinance of the City of Marlborough without variance therefrom except as herein provided. No posters, graphics, lettering or any other form of advertising shall be affixed to windows or hanging inside or in front of windows. 6. 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, including exhibits thereto, 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. 7. Hours of Operation. The hours of operation for the restaurant and the drive-through window shall not exceed Monday through Sunday, 5:00 AM to 9:00 PM. There will be no 24-hour operation. 8. Traffic Signage and Pavement Markings. The location and placement of pavement markings and traffic directional signage shall be reviewed and approved by the City of Marlborough during Site Plan Review in accordance with applicable rules and regulations of the City of Marlborough. 9. Parking. Parking areas shall be swept and maintained in good condition by the Applicant, its successors and/or assigns as necessary. The Applicant, its successors and/or assigns shall be responsible for providing, installing and maintaining all signage and pavement markings shown on the Plans and as required by the Site Plan Review Committee. Such signage or markings shall meet the standards of the Manual on Uniform Traffic Control Devices. 10. No Overnight Parking. There shall be no overnight parking at the Site associated with the Project. 11. Drive-Through Speakers. The drive-through window shall employ a pedestal speaker system that automatically adjusts to the ambient noise so as to minimize the noise emanating from the speaker system to levels comporting with the Noise Ordinance of the City of Marlborough. The drive-through audio speakers shall not produce noise at the rear property line of the plaza, shown as Map 93, Parcel 67A on the Assessors’ Map of the City of Marlborough, greater than that which would be allowed in a residential zone pursuant to the Noise Ordinance of the City of Marlborough. 12. Deliveries. In order to mitigate noise concerns for residential abutters, no deliveries to the Site by semi-trailers shall occur prior to 7:00 AM or after 7:00 PM. 13. Lighting. All lighting and illumination shall be in accordance with the requirements of the Code of the City of Marlborough. 14. Landscaping. The Applicant, its successors and/or assigns agrees to plant and maintain in good condition the Project’s landscaping substantially in conformance with the Plans and as required by the Site Plan Review Committee. The Applicant, its successors and/or assigns shall comply with all landscaping requirements of the Code of the City of Marlborough. 15. Trash. Applicant, its successors and/or assigns agrees to keep dumpsters covered and to screen the Project’s trash area by constructing a dumpster enclosure of a design compatible with the building. Applicant, its successors and/or assigns further agrees that the dumpsters located on the Site shall be covered. No trash pickup shall occur before 7:00 AM or after 7:00 PM. 16. Snow Removal. Applicant, its successors and/or assigns shall maintain and conduct snow storage and removal on the Site and shall store or remove snow as necessary to provide for clear and safe traffic flow on the Site. 17. 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, its affiliates, successors and/or assigns shall forthwith provide a copy of the recorded Special Permit to the City Council office, the Building Department, and the City Solicitor’s office Yea: 10 – Nay: 0 – Absent: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Absent: Landers..” (Motion: Robey)

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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DENIAL OF SPECIAL PERMIT ORDER NO. 24/25-1009298F Application of: Special Permit Application of: Anibal E. Guillermo Sacor 177 West Main Street Marlborough, MA 01752 Locus: 30 Maple Street Marlborough, MA 01752 Assessors Map 70, Parcel(s) 453 DECISION ON A SPECIAL PERMIT The City Council of the City of Marlborough hereby DENIES the Application for a Special Permit to Anibal E. Guillermo Sacor (“Applicant”) for a conversion of a two-family residence building to a three-family at 30 Maple Street, Marlborough, as provided in this Decision. FINDINGS OF FACT 1. The Applicant, Anibal E. Guillermo Sacor, is an individual with an address of 177 West Main Street, Marlborough, MA. 2. The Applicant is the owner of the property located at 30 Maple Street, Marlborough, MA, being shown as Parcel 453 on Assessors Map 70 (the “Site”). 3. The Site is located in the Residence C (“RC”) Zoning District. 4. In accordance with Section 650-17 and 650-18(A)(3) of the City Code of the City of Marlborough (“Zoning Ordinance”), Applicant seeks to convert a two-family residence building to a three-family dwelling at the property (the “Use”). 5. Conversion of a two-family residence building to a three-family is allowed by Special Permit in the RC Zoning District. 6. 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. 7. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and a detailed site plan entitled “30 Maple Street Marlboro” by Chapel Engineering Associates LLC with the last revision date of September 10, 2024 (the “Plans”). 8. The Application was certified by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, as having complied 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, December 2, 2024. 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, two 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 City Council, pursuant to its authority under Massachusetts General Laws Chapter 40A and the Zoning Ordinance of the City of Marlborough hereby DENIES the Applicant a Special Permit for conversion of a two-family residence building to a three- family. The bases for the denial are the following reasons and findings: 1. The Site currently contains multiple structures: (1) a legal two-family residence building; (2) a separate structure (“Separate Structure”); and (3) a garage. 2. The Use proposes to convert the legal two-family residence building to a three- family by adding a dwelling unit to the Separate Structure. The Use does not propose to alter the legal two-family residence building. 3. Section 650-18(A)(3) of the Zoning Ordinance allows “[t]he conversion of a one- or two-family residence building to accommodate not more than three dwelling units, provided that: (a) The exterior one- or two-family character of the building is not altered and no major structural change is made in the exterior other than is necessary to provide means of egress from each unit as required by the Building Code. Stairways, unless in the rear of the building, shall be located within the walls of the building and, on corner lots, shall be within the walls of the building. (b) There is at least 600 square feet of floor area for each dwelling unit and provided further that each dwelling unit has separate toilet and cooking facilities.” 4. The City Council finds that the legal meaning of a “three-family” in the Zoning Ordinance is a single structure containing three dwelling units. 5. The City Council finds that the Use, consisting of converting two dwelling units in one dwelling by adding a dwelling unit to another dwelling, fails to meet the legal meaning of a “three-family” in Section 650-18(A)(3) of the Zoning Ordinance. 6. The City Council finds that the Use fails to meet the conditions for use in Section 650-18(A)(3) of the Zoning Ordinance, and therefore the City Council does not have the authority to authorize the Use by special permit. B. Incorporation of Submissions. All minutes, reports, documents, recordings, and submittals before, or made by, the City Council and/or the City Council’s Urban Affairs Committee, are incorporated into this decision. Yea: 10 – Nay: 0 – Absent: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Absent: Landers..” (Motion: Robey)

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