MassVoter.com← Marlborough City CouncilMarlborough City Council · 2024–2025 Council · Regular meeting
April 28, 2025
24 recorded votes, 23 with disagreement.
Sources: Official minutes (PDF) · City meeting page
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Present: Sean A. Navin, Michael H. Ossing, Kathleen D. Robey, Mark A. Vital, David Doucette, Robert Preciado, Teona C. Brown, John J. Irish, Trey Fuccillo
Absent: Mark A. Oram
Every vote, in order
Accept and file: Minutes of the City Council meeting, APRIL 14, 2025
Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, APRIL 14, 2025, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, APRIL 14, 2025, FILE; adopted..” (Motion: Brown)
Close the public hearing: Application for a Special Permit from 27 Curtis Ave LLC, for the Proposed Renovation and Reconstruction of a...
That the PUBLIC HEARING on the Application for a Special Permit from 27 Curtis Ave LLC, for the Proposed Renovation and Reconstruction of a pre-existing non-conforming Car Wash located at 27 Curtis Avenue, Order No. 25-1009397, all were heard who wish to be heard, hearing closed at 8:17 PM; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“That the PUBLIC HEARING on the Application for a Special Permit from 27 Curtis Ave LLC, for the Proposed Renovation and Reconstruction of a pre-existing non-conforming Car Wash located at 27 Curtis Avenue, Order No. 25-1009397, all were heard who wish to be heard, hearing closed at 8:17 PM; adopted..”
Approve: Grant Acceptance in the amount of $2,600.00 (two thousand six-hundred dollars) from the Executive Office of Public Safety and Security...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $2,600.00 (two thousand six-hundred dollars) from the Executive Office of Public Safety and Security awarded to the Fire Department for the FY25 Senior S.A.F.E. program to promote fire safety to Marlborough senior citizens, APPROVED; adopted.
The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $2,600.00 (two thousand six-hundred dollars) from the Executive Office of Public Safety and Security awarded to the Fire Department for the FY25 Senior S.A.F.E. program to promote fire safety to Marlborough senior citizens, APPROVED; adopted..” (Motion: Irish)
Approve: Grant Acceptance in the amount of $7,200.00 (seven thousand two-hundred dollars) from the Executive Office of Public Safety and Security...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $7,200.00 (seven thousand two-hundred dollars) from the Executive Office of Public Safety and Security awarded to the Fire Department for the FY25 S.A.F.E. program to be used for fire safety education for our students and community through open houses, and safety awareness initiatives, APPROVED; adopted.
The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Grant Acceptance in the amount of $7,200.00 (seven thousand two-hundred dollars) from the Executive Office of Public Safety and Security awarded to the Fire Department for the FY25 S.A.F.E. program to be used for fire safety education for our students and community through open houses, and safety awareness initiatives, APPROVED; adopted..” (Motion: Irish)
Refer to the Finance Committee: Transfer Request in the amount of $581,007.00 (five hundred eighty-one thousand seven dollars) from Free Cash to...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $581,007.00 (five hundred eighty-one thousand seven dollars) from Free Cash to Short-Term Interest to cover the interest payment on a Bond Anticipation Note (BAN), referred to the FINANCE COMMITTEE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $581,007.00 (five hundred eighty-one thousand seven dollars) from Free Cash to Short-Term Interest to cover the interest payment on a Bond Anticipation Note (BAN), referred to the FINANCE COMMITTEE; adopted..” (Motion: Irish)
Refer to the Finance Committee: Transfer Request in the amount of $4,187,233.00 (four million, one hundred eighty-seven thousand two hundred...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $4,187,233.00 (four million, one hundred eighty-seven thousand two hundred thirty-three dollars) from Free Cash to the Health Insurance Trust Fund to cover a projected deficit, referred to FINANCE COMMITTEE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $4,187,233.00 (four million, one hundred eighty-seven thousand two hundred thirty-three dollars) from Free Cash to the Health Insurance Trust Fund to cover a projected deficit, referred to FINANCE COMMITTEE; adopted..” (Motion: Irish)
Refer to the Finance Committee: Capital Transfer Request in the amount of $4,351,873.00 (four million three hundred fifty-one thousand eight...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Capital Transfer Request in the amount of $4,351,873.00 (four million three hundred fifty-one thousand eight hundred seventy-three dollars) from Free Cash to Capital Outlay to address critical needs identified by the Police Department, Information Technology Department and the Department of Public Works, referred to FINANCE COMMITTEE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Capital Transfer Request in the amount of $4,351,873.00 (four million three hundred fifty-one thousand eight hundred seventy-three dollars) from Free Cash to Capital Outlay to address critical needs identified by the Police Department, Information Technology Department and the Department of Public Works, referred to FINANCE COMMITTEE; adopted..” (Motion: Irish)
Refer to the Finance Committee: Capital Bond Requests totaling $15,550,000.00, which includes funding for facility, utility, and street projects...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Capital Bond Requests totaling $15,550,000.00, which includes funding for facility, utility, and street projects throughout the city, referred to FINANCE COMMITTEE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Capital Bond Requests totaling $15,550,000.00, which includes funding for facility, utility, and street projects throughout the city, referred to FINANCE COMMITTEE; adopted..” (Motion: Irish)
Moved to item #21 & file: Communication from City Solicitor Jason Grossfield, re: Application for Amendment to Special Permit from 339 Boston Post...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Application for Amendment to Special Permit from 339 Boston Post Road Owner, LLC, to modify a condition of an existing Special Permit to alter the language relative to certain traffic calming measures at 339 Boston Post Road East, in proper legal form, Order No. 25- 1009354B, MOVED TO ITEM #21 & FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Application for Amendment to Special Permit from 339 Boston Post Road Owner, LLC, to modify a condition of an existing Special Permit to alter the language relative to certain traffic calming measures at 339 Boston Post Road East, in proper legal form, Order No. 25- 1009354B, MOVED TO ITEM #21 & FILE; adopted..” (Motion: Robey)
Moved to item #20 & file: Communication from Assistant City Solicitor Jeremy McManus, re: Proposed Ordinance to add to Chapter 250 “Animals” a new...
Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Proposed Ordinance to add to Chapter 250 “Animals” a new section relative to Second- Generation Anticoagulant Rodenticides (SGARs), in proper legal form, Order No. 25- 1009383A, MOVED TO ITEM #20 & FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Proposed Ordinance to add to Chapter 250 “Animals” a new section relative to Second- Generation Anticoagulant Rodenticides (SGARs), in proper legal form, Order No. 25- 1009383A, MOVED TO ITEM #20 & FILE; adopted..” (Motion: Brown)
Accept and file: Communication from the Retirement Board, re: Notice of a meeting to be held May 27, 2025, to consider a Cost-of-Living Adjustment...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Retirement Board, re: Notice of a meeting to be held May 27, 2025, to consider a Cost-of-Living Adjustment (COLA) pursuant to MGL Chapter 32 §103(i), FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Retirement Board, re: Notice of a meeting to be held May 27, 2025, to consider a Cost-of-Living Adjustment (COLA) pursuant to MGL Chapter 32 §103(i), FILE; adopted..” (Motion: Irish)
Refer to the Legislative & Legal Affairs Committee: Communication from Flying Dreams Brewing Co., LLC, re: Request to expand outdoor seating to...
Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Flying Dreams Brewing Co., LLC, re: Request to expand outdoor seating to use parking spaces on Rawlins Avenue adjacent to the existing sidewalk seating, referred to the LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from Flying Dreams Brewing Co., LLC, re: Request to expand outdoor seating to use parking spaces on Rawlins Avenue adjacent to the existing sidewalk seating, referred to the LEGISLATIVE & LEGAL AFFAIRS COMMITTEE; adopted..” (Motion: Brown)
Approve: Request of Colbea Enterprises, LLC to continue the exemption to the hours of operation under City Code Chapter 342, Article 1, Section...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the request of Colbea Enterprises, LLC to continue the exemption to the hours of operation under City Code Chapter 342, Article 1, Section 342-2 granted by City Council Order No. 23-1008870C (attached hereto), allowing the Shell Gas Station at 342 Boston Post Road East to be open for business from 5:00 AM to 11:00 PM with all existing conditions for one additional year, APPROVED; adopted.
The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the request of Colbea Enterprises, LLC to continue the exemption to the hours of operation under City Code Chapter 342, Article 1, Section 342-2 granted by City Council Order No. 23-1008870C (attached hereto), allowing the Shell Gas Station at 342 Boston Post Road East to be open for business from 5:00 AM to 11:00 PM with all existing conditions for one additional year, APPROVED; adopted..” (Motion: Robey)
Refer to the Public Services Committee & Advertise: Set MONDAY, JUNE 9, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Wireless...
Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JUNE 9, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Wireless Special Permit from Gerry Squires on behalf of Dish Wireless, to install, operate and maintain a Wireless Communication Facility, consisting of nine (9) antennas, twelve (12) RRU’s, twelve (12) fiber cables and ground equipment within a 100 square foot lease area on and next to the water tank at 115 Onamog Street, referred to the PUBLIC SERVICES COMMITTEE & ADVERTISE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JUNE 9, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Wireless Special Permit from Gerry Squires on behalf of Dish Wireless, to install, operate and maintain a Wireless Communication Facility, consisting of nine (9) antennas, twelve (12) RRU’s, twelve (12) fiber cables and ground equipment within a 100 square foot lease area on and next to the water tank at 115 Onamog Street, referred to the PUBLIC SERVICES COMMITTEE & ADVERTISE; adopted..” (Motion: Fuccillo)
Refer to the Urban Affairs Committee & Advertise: Set MONDAY, JUNE 9, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Special...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JUNE 9, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Special Permit from Attorney Gemma Cashman, on behalf of TV Marlborough, LLC and Green Armory Laboratories, Inc., for the purpose of operating an independent Marijuana Testing Laboratory to be located at 260 Cedar Hill Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JUNE 9, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Special Permit from Attorney Gemma Cashman, on behalf of TV Marlborough, LLC and Green Armory Laboratories, Inc., for the purpose of operating an independent Marijuana Testing Laboratory to be located at 260 Cedar Hill Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted..” (Motion: Robey)
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JUNE 9, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Special Permit from Attorney Gemma Cashman, on behalf of Royal 401 Elm Street, LLC, for the purpose of operating an approximate 203,500 square foot warehousing and distribution facility to be located at 415 Elm Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, JUNE 9, 2025, as the DATE FOR PUBLIC HEARING, on the Application for a Special Permit from Attorney Gemma Cashman, on behalf of Royal 401 Elm Street, LLC, for the purpose of operating an approximate 203,500 square foot warehousing and distribution facility to be located at 415 Elm Street, referred to the URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted..” (Motion: Robey)
Accept and file: Minutes of following Boards, Commissions and Committees
Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted..” (Motion: Doucette)
Refer to the Legal Department: Following CLAIMS
Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted..” (Motion: Brown)
Suspend the rules
Suspension of the Rules requested – granted.
The minutes record the result only (“granted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Suspension of the Rules requested – granted..”
Refer to the City Solicitor: A Home Rule Petition be drafted in accordance with Section 8(1) of the Home Rule Amendment in the Massachusetts...
Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That a Home Rule Petition be drafted in accordance with Section 8(1) of the Home Rule Amendment in the Massachusetts Constitution (Mass. Const. amend. Art. 2, as appearing in amend. Art. 89) to waive the requirements of Section 59A of the Charter requiring a Special Election to fill the vacant Ward 7 Council seat; and, further, to authorize the City Council to appoint the winter of the regular Municipal Election to fill the remaining unexpired term of the Ward 7 Council seat, referred to the CITY SOLICITOR; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That a Home Rule Petition be drafted in accordance with Section 8(1) of the Home Rule Amendment in the Massachusetts Constitution (Mass. Const. amend. Art. 2, as appearing in amend. Art. 89) to waive the requirements of Section 59A of the Charter requiring a Special Election to fill the vacant Ward 7 Council seat; and, further, to authorize the City Council to appoint the winter of the regular Municipal Election to fill the remaining unexpired term of the Ward 7 Council seat, referred to the CITY SOLICITOR; adopted..” (Motion: Brown)
Accept and file: Draft Open Space Plan for 2025-2032 for public review and comment
Motion by Councilor Robey, to move the recommendation of the Open Space Committee to approve the following, seconded by the Chair: ORDERED: That the Draft Open Space Plan for 2025-2032 for public review and comment, FILE; adopted.
The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Robey, to move the recommendation of the Open Space Committee to approve the following, seconded by the Chair: ORDERED: That the Draft Open Space Plan for 2025-2032 for public review and comment, FILE; adopted..” (Motion: Robey)
Advertise: Proposed Ordinance Amendment to Chapter 250 “Animals” to add a new Section relating to “Rodents”
Motion by Councilor Brown, to move the recommendation of the Legislative & Legal Affairs Committee to approve the following, seconded by the Chair: ORDERED: That the Proposed Ordinance Amendment to Chapter 250 “Animals” to add a new Section relating to “Rodents”, ORDERED ADVERTISED and PLACED ON THE MAY 19, 2025, CITY COUNCIL AGENDA; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Brown, to move the recommendation of the Legislative & Legal Affairs Committee to approve the following, seconded by the Chair: ORDERED: That the Proposed Ordinance Amendment to Chapter 250 “Animals” to add a new Section relating to “Rodents”, ORDERED ADVERTISED and PLACED ON THE MAY 19, 2025, CITY COUNCIL AGENDA; adopted..” (Motion: Brown)
Grant special permit decision: a Special Permit to 339 Boston Post Road Owner LLC (339 Boston Post Road East)
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 DECISION ON AN AMENDMENT TO A SPECIAL PERMIT ORDER NO. 25-1009354C Special Permit Application of: 339 Boston Post Road Owner LLC Order No. 25-1009354C Locus: 339 Boston Post Road East Marlborough, MA 01752 Assessors Map 73, Parcels 24, 27 and 28 DECISION ON AN AMENDMENT TO A SPECIAL PERMIT The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to 339 Boston Post Road Owner LLC (the “Applicant”) to amend an existing special permit to build and operate a multifamily dwelling residential project at 339 Boston Post Road East, 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 Massachusetts limited liability company having a business address c/o Procopio Companies, 35 Village Road, Suite 702, Middleton, Massachusetts 01949. 2. The Applicant is the owner and developer of property located at 339 Boston Post Road East, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 73, Parcels 24, 27 and 28 (the “Site”). 3. On September 12, 2022, the City Council of the City of Marlborough voted to grant a special permit authorizing the Applicant’s predecessor to build and operate an 140-unit multifamily dwelling residential project at the Site in accordance...
From the minutes
“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 DECISION ON AN AMENDMENT TO A SPECIAL PERMIT ORDER NO. 25-1009354C Special Permit Application of: 339 Boston Post Road Owner LLC Order No. 25-1009354C Locus: 339 Boston Post Road East Marlborough, MA 01752 Assessors Map 73, Parcels 24, 27 and 28 DECISION ON AN AMENDMENT TO A SPECIAL PERMIT The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to 339 Boston Post Road Owner LLC (the “Applicant”) to amend an existing special permit to build and operate a multifamily dwelling residential project at 339 Boston Post Road East, 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 Massachusetts limited liability company having a business address c/o Procopio Companies, 35 Village Road, Suite 702, Middleton, Massachusetts 01949. 2. The Applicant is the owner and developer of property located at 339 Boston Post Road East, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 73, Parcels 24, 27 and 28 (the “Site”). 3. On September 12, 2022, the City Council of the City of Marlborough voted to grant a special permit authorizing the Applicant’s predecessor to build and operate an 140-unit multifamily dwelling residential project at the Site in accordance with Article V, § 650-17 and § 650-18(4) of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), as further described in a document recorded at the Middlesex South District Registry of Deeds in Book 82825, Page 219 (Order No. 21/22-1007995T) (the “Original Special Permit”). 4. The Site is located partially within the Business Zoning District with frontage on Boston Post Road East (Route 20) and partially within the Residence A-2 Zoning District. All buildings will be located within the Business Zoning District. 5. The overall Site has an area of 25.7 +/- acres as shown in the plans referenced in the Original Special Permit. 6. On January 23, 2025, the Applicant filed with the City Clerk of the City of Marlborough an application to modify Condition No. 8(c) of the Original Special Permit under the provisions of M.G.L. c. 40A, § 9 and the Marlborough Zoning Ordinance (the “Application”). Condition No. 8(c) of the Original Special Permit required, among other things, the Applicant to coordinate with MassDOT and the Engineering Division of the Department of Public Works to make the following traffic calming improvements in the vicinity of the Site: (i) A radar speed sign on the southern side of Route 20 to the west of Victoria Lane; (ii) A radar speed sign on the northern side of Route 20 to the east of Village Drive; (iii) Rectangular rapid flashing beacons at the proposed crosswalks over Route 20 in the vicinity of the Site. 7. In connection with the Application, the Applicant submitted a certified list of abutters and filing fees. 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, February 24, 2025. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on February 24, 2025. 11. The Applicant, through its representatives, presented written testimony in the Application and oral testimony at the public hearing detailing that the Applicant consulted and coordinated with MassDOT and the City’s Engineering Division of the Department of Public Works in accordance with the requirements of Condition No. 8(c) and that the rapid flashing beacons at the proposed crosswalks over Route 20 in the vicinity of the Site had been installed. Further, the Applicant presented evidence that MassDOT would not allow the installation of the requested radar speed signs at either location on Route 20 at this time, which was reflected in a June 28, 2024 email exchange between the City Engineer and MassDOT that was included with the Application. Given that MassDOT will not permit the installation of the radar speed signs referenced in Condition No. 8(c), the Applicant proposed to make a $25,000 payment to the City to fund the City’s future installation of speed signs on the southern and northern sides of Route 20 (in the event MassDOT approves the speed signs in the future) or for other transportation safety improvements in the vicinity of the Site. 12. At the public hearing, no members of the public spoke in favor of the requested amendment to the Original Special Permit and no members of the public spoke in opposition to the requested amendment to the Original Special Permit. The Procedural Findings of Fact specified above supplement those made in the Original Special Permit, which are expressly incorporated in this Decision by reference. 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 modifications are appropriate for the Site and are 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, as modified 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 in this Decision and in the Original Special Permit. 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 an amendment to delete Condition No. 8(c) of the Original Special Permit in its entirety and inserting in its place the following Condition No. 8(c): 8(c) In addition to the planned improvements to Route 20, the Applicant shall, in coordination with MassDOT and the Engineering Division of the Department of Public Works, make the following traffic calming improvements in the vicinity of the Site: Rectangular rapid flashing beacons at the proposed crosswalks over Route 20 in the vicinity of the Site. In lieu of the previously required radar speed sign on the southern side of Route 20 to the west of Victoria Lane and a radar speed sign on the northern side of Route 20 to the east of Village Drive, within thirty (30) days of the expiration of the appeal period applicable to the Decision on an Amendment to Special Permit (Order No. 25-1009354), the Applicant, its successors and/or assigns shall provide a payment to the City in the amount of $25,000 to be used by the City Council or its designee for the future installation of the radar speed signs by the City (if MassDOT approves such installation in the future) or for other transportation safety improvements in the vicinity of the Site. Said payment shall be deposited into the McGee Farm Mitigation Stabilization Account (City Acct #83600-32728). All other conditions of the Original Special Permit shall continue in full force and effect and are incorporated by reference as part of this 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 Decision on Special Permit Amendment in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit Amendment has elapsed with no appeal having been filed. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit Amendment to the City Council’s office, the Building Department, and the City Solicitor’s office. Yea: 9 – Nay: 0 Absent: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Ossing & Robey. Absent: Oram..” (Motion: Robey)
Adjourn
Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 8:40 PM; adopted.
The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.
From the minutes
“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 8:40 PM; adopted..” (Motion: Navin)
From the Marlborough City Council’s official minutes, posted by the City Clerk in the city’s Agenda Center (City Council). We check every vote against the councilors present and quote the exact wording. MassVoter never grades or scores officials. Councilor photos: Marlborough Patch candidate profiles (photos courtesy of the candidates; cropped by MassVoter). Trey Fuccillo: The Berkeley Beacon (Ashlyn Wang). The city website has no councilor photos. Heather Gould and former councilors show initials.
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