April 14, 2025

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $5,907.13 (five thousand nine-hundred seven dollars and thirteen cents) from the Executive Office of Public Safety & Security and the Department of Fire Services awarded to the Fire Department to be used for the purchase of fire safety equipment, including protective gear for firefighters, APPROVED; adopted..” (Motion: Irish)

Read it in the official minutes, page 1 (PDF)

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $12,000.00 (twelve thousand dollars) from the National Environment Health Association and the US Food and Drug Administration awarded to the Board of Health to be used to invest and upgrade food safety inspection equipment and fund internal staff development programs, APPROVED; adopted..” (Motion: Irish)

Read it in the official minutes, page 1 (PDF)

“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Theodore L. Scott as DPW Commissioner for a 5-year term effective from the date of Council confirmation (April 14, 2030), APPROVED; adopted..” (Motion: Navin)

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

“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Transfer Request in the amount of $41,533.50 (Forty-one thousand five hundred thirty-three dollars and fifty cents) for the Recreation Department, which moves funds from Senior Clerk to Equipment & Supplies-Youth Activities to fund equipment and field upgrades, APPROVED; adopted..” (Motion: Irish)

Read it in the official minutes, page 12 (PDF)

“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following, seconded by the Chair: ORDERED: That the Transfer Request in the amount of $364,051.93 (Three hundred sixty-four thousand, fifty-one dollars and ninety-three cents) from Reserve for Salaries to various accounts to fund the collective bargaining agreements with the Engineers, Foreman and Patrol unions, APPROVED; adopted..” (Motion: Irish)

Read it in the official minutes, page 12 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING SUBMITTED FOR ITS OWN CONSIDERATION CHANGES IN THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, TO FURTHER AMEND CHAPTER 650, NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED AS FOLLOWS: I. Section 650-18(A)(47)(b) is hereby amended as follows (new text shown as underlined, deleted text shown as strikethrough): (b) Shall be limited in number to one of each type (cultivator, independent testing laboratory, product manufacturer, craft marijuana cooperative, marijuana microbusiness, marijuana courier, marijuana delivery operator, marijuana research facility, or transporter), except that the independent testing laboratory type shall be limited in number to four, but in no event fewer than the number of medical marijuana treatment centers registered to engage in the same type of activity in the City of Marlborough; APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening..” (Motion: Robey)

Read it in the official minutes, page 17 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED IN CITY COUNCIL NOTICE OF DECISION GRANT OF SPECIAL PERMIT ORDER NO. 25-1009353C Application of: McDonald’s USA, LLC 110 N Carpenter Street Chicago, IL 60607 Locus: 735 Boston Post Road East Marlborough, MA 01752 Assessors Map 23, Parcel(s) 61 DECISION ON A SPECIAL PERMIT The City Council of the City of Marlborough hereby GRANTS the application for a Special Permit to McDonald’s USA, LLC (the “Applicant”) for one (1) drive-through service window for a restaurant located at 735 Boston Post Road East, 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 foreign Limited Liability Company having a business address of 110 N Carpenter Street, Chicago, IL 60607. 2. The Applicant is the prospective lessee of a portion of the property located at 735 Boston Post Road East, Marlborough, Massachusetts, as shown on the Assessors Map of the City of Marlborough as a portion of Map 61, Parcel 23 (the “Site”). The Site is owned by Route 20 Marlboro Properties LLC. 3. The Applicant proposes to raze and remove the existing building and former diner foundation on the Site and completely redevelop the Property with a new approximately 3,830 square foot McDonald’s restaurant with one (1) drive-through service window, landscaping and parking areas (the “Project”). 4. The Site is located in the Wayside 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 Site has an area of approximately 74,000 square feet. 7. 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 has submitted a certified list of abutters, filing fees, a project narrative, a Traffic Impact and Access Study dated December 12, 2024, prepared by Chappell Engineering Associates, LLC, and a Drainage Report dated October 30, 2024, prepared by Bohler Engineering. The Applicant also submitted a set of plans entitled “Proposed Site Plan Documents for Proposed McDonald’s Restaurant w/ Drive-Thru”, which include a plan of the existing site entitled “Existing Conditions/Demolition Plan,” an “Overall Site Plan,” and a detailed site plan of the proposed site entitled “Site Development Plans,” with associated “Grading & Drainage Plan,” “Utility Plan,” “Soil Erosion and Sediment Control Plan” with “Erosion and Sediment Control Notes and Details,” “Construction Details,” “Landscape Plan” with “Landscape Notes and Details,” and “Lighting Plan,” all plans prepared by Bohler Engineering, 352 Turnpike Road, 3rd Floor, Southborough, MA 01772 with a last revision date of October 25, 2024 (the “Plans”), as “ATTACHMENT A”. 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, 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 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, held a public hearing on the application on Monday, February 24, 2025. The hearing was closed on February 24, 2025. 11. 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 spoke in opposition to the Project based on concerns of truck noise from garbage removal operations, light trespass and general noise concerns. 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, and in compliance with the requirements for drive-through windows as set forth in Section 650-18(31), 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 2:00 AM. There will be no 24-hour operation. 8. 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. 9. Traffic Signage. The location and placement of pavement markings and traffic directional signage, as set forth in the Plans, 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. 10. Parking. Parking areas shall be swept and maintained 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 or markings as set forth in the Plans and as may be reviewed and modified during Site Plan Review in accordance with applicable rules and regulations of the City of Marlborough. Such signage or markings shall meet the standards of the Manual on Uniform Traffic Control Devices. 11. Additional “No Loud Music” Signage. The Applicant shall include one (1) sign in each of the three parking areas instructing customers that playing loud music is not permitted on the Site. 12. No Overnight Parking. There shall be no overnight parking at the Site. 13. 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 parcel on which the Site is located, shown as Map 61, Parcel 23 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. 14. 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. 15. Lighting. The Applicant, its successors and/or assigns shall install lighting in accordance with the requirements of the Code of the City of Marlborough and the Lighting Plan, Sheet L-201 of the Plans, to prevent light trespass from the Site onto neighboring properties. 16. 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 as may be amended during Site Plan Review 17. Trash. The Applicant, its successors and/or assigns agrees to keep dumpsters covered and to screen the Project’s trash area by constructing the dumpster enclosure as depicted on the Plans, Sheet C-902.The 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. 18. Snow Removal. The 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. 19. Recording of Decision. In accordance with the provisions of MGL 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, and before a Building Permit is issued. Applicant, its affiliates, successors and/or assigns shall also furnish proof of recording to the City Solicitor’s Office and the City Council immediately subsequent to recording. Yea: 9 – Nay: 0 – Abstain: 1 Yea: Vital, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Abstain: Doucette..” (Motion: Robey)

Read it in the official minutes, page 18 (PDF)