August 18, 2025

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That agenda item’s #2 and #3 (Public Hearings) be postponed until later in the agenda to accommodate Attorney Falk who is at the Planning Board meeting, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Robey)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Gift Acceptance in the amount of $10,000.00 from the Estate of Ms. Donna J. Colacchio awarded to the Police Department for the purchase of bulletproof vests for the K-9 unit; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $199,964.00 from the Executive Office of Public Safety & Security awarded to the Police Department to be used to offset personnel overtime costs in the Public Safety Dispatch Center; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $66,229.27 from the Executive Office of Public Safety & Security awarded to the Police Department to be used to offset personnel training costs in the Public Safety Dispatch Center; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $33,825.00 from the Executive Office of Public Safety & Security awarded to the Police Department to be used for equipment, quality assurance reviews of dispatch personnel and an offset of overtime costs; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

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“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That pursuant to MGL Chapter 40, §4A, the City Council of the City of Marlborough hereby authorizes the Mayor to enter into an inter-municipal agreement (‘IMA”) with the Town of Shrewsbury relative to participation in the Central Massachusetts Regional Stormwater Coalition for Fiscal Year 2026 through Fiscal Year 2030, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Brown)

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“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of David A. Giorgi as Police Chief for a four (4) year term, effective August 21, 2025, to expire on August 21, 2029, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Navin)

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“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the City Council for the City of Marlborough hereby accepts from 272 Lincoln LLC, a Massachusetts limited liability company, with a usual place of business at 11 Placid Road, Newton, Massachusetts (the “Grantor”), a permanent sidewalk easement on a certain portion of the Grantor’s land located at 272 Lincoln Street, Marlborough, Massachusetts, in the Grant of Sidewalk Easement. DESCRIPTION The “Easement Area” is shown as “SIDEWALK EASEMENT” on a plan entitled “Easement Exhibit 272 Lincoln Street Marlborough, Massachusetts,” dated July 28, 2025, prepared by Engineering Alliance, Inc. APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Brown)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough hereby authorizes the Mayor, on behalf of the City of Marlborough, to enter into and execute a Local Initiative Program (LIP) Regulatory Agreement and Declaration of Restrictive Covenants for Rental Project (Local Action Units), with the Commonwealth Massachusetts Executive Office of Housing and Livable Communities and 339 Boston Post Road Owner, LLC. Said Regulatory Agreement is relative to the “Vesa” development at 339 Boston Post Road East, as required by Condition No. 7 (Affordable Units) of the special permit decision of the City Council (Order No. 21/22-1007995T), APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Robey)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Grant of Conservation Restriction from 339 Boston Post Road Owner, LLC is approved, pursuant to Section 32 of Chapter 184 and Section 8C of Chapter 40 of the Massachusetts General Laws and in the public interest, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Robey)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following as amended, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $20,750.00 (Twenty thousand seven hundred fifty dollars and no cents) from Reserved for Salaries to various accounts as outlined to fund the Educational Incentive portion of the recently ratified MMEA contract, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Various FISCAL YEAR: 2026 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $842,517.00 $20,750.00 11990006 57820 Reserve for Salaries $250.00 61090003 51440 Water-Education Incentive $16,500.00 Reason: To fund educational incentive per recently ratified MMEA contract $1,250.00 11330003 51440 Treasurer-Education Incentive $0.00 $9,250.00 16100003 51440 Library-Education Incentive $2,500.00 $2,250.00 12100003 51440 Police-Education Incentive $799,520.68 $750.00 11440003 51440 Collector-Education Incentive $0.00 $750.00 14001003 51440 DPW Adm-Education Incentive $0.00 $3,000.00 12410003 51440 Bldg-Education Incentive $0.00 $2,500.00 15120003 51440 BOH-Education Incentive $0.00 $750.00 11410003 51440 Assessor-Education Incentive $0.00 $20,750.00 Total $20,750.00 Total President Ossing declared the vote of 10 – 0..” (Motion: Irish)

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“Motion by Councilor Irish, to move the recommendation of the Finance Committee to approve the following as amended, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $240,733.22 (Two hundred forty thousand, seven hundred thirty-three dollars and twenty-two cents) from Reserve for Salaries to various accounts to fund the recently ratified collective bargaining agreement with the International Association of Firefighters, AFL-CIO, CLC, Local 1714, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Fire FISCAL YEAR: 2026 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $842,517.00 $240,733.22 11990006 57820 Reserve for Salaries $12,280.18 12200001 50334 Battalion Chief $378,551.88 Reason: Reason: Contractual Obligation $119,392.90 12200001 50450 Firefighter $3,799,983.87 Reason: Contractual Obligation $10,683.34 12200001 50800 Fire Captains $345,378.93 Reason: Contractual Obligation $2,676.59 12200001 50805 Fire Inspector $83,431.94 Reason: Contractual Obligation $21,184.53 12200001 50810 Fire Lieutenants $635,569.00 Reason: Contractual Obligation $3,323.63 12200003 51226 Fire Depart/First Respon $81,304.55 Reason: Contractual Obligation $17,737.25 12200003 51300 Additional Gross O.T. $586,718.47 Reason: Contractual Obligation $1,607.88 12200003 51324 O.T. Vehicle Maint $56,704.39 Reason: Contractual Obligation $1,810.49 12200003 51328 Call Fire O.T. $106,433.75 Reason: Contractual Obligation $3,967.26 12200003 51430 Longevity $127,930.64 CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Fire FISCAL YEAR: 2026 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance Reason: Contractual Obligation $12,819.11 12200003 51440 Educational Incentive $420,177.04 Reason: Contractual Obligation $4,777.21 12200003 51450 Night Shift Differential $119,235.86 Reason: Contractual Obligation $7,398.62 12200003 51480 Emergency Med Training $257,185.29 Reason: Contractual Obligation $294.10 12200003 51481 O.T. Special Services $10,000.00 Reason: Contractual Obligation $15,886.32 12200003 51490 Holiday $510,824.36 Reason: Contractual Obligation $4,893.81 12200003 51920 Sick Leave Buy Back $205,000.00 Reason: Contractual Obligation $240,733.22 $240,733.22 President Ossing declared the vote of 10 – 0..” (Motion: Irish)

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“Motion by Councilor Navin, to move the recommendation of the Personnel Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Ralph D. Loftin to the Zoning Board of Appeals for a 5-year term to expire on February 24, 2027, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Navin)

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“Motion by Councilor Navin, to move the recommendation of the Personnel Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Thomas H. Golden to the Zoning Board of Appeals for a 5-year term to expire on February 24, 2027, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Navin)

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“Motion by Councilor Navin, to move the recommendation of the Personnel Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Robert A. Levine to the Zoning Board of Appeals for a 5-year term to expire on February 24, 2028, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Navin)

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“Motion by Councilor Navin, to move the recommendation of the Personnel Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Thomas C. Pope to the Zoning Board of Appeals for a 5-year term to expire on September 12, 2026, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Navin)

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“Motion by Councilor Navin, to move the recommendation of the Personnel Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Peter B. Welsh to the Historical Commission for a 3- year term to expire on June 19, 2028, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Navin)

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“Motion by Councilor Navin, to move the recommendation of the Personnel Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of Deborah Jakubowski Russ to the Library Board of Trustees for a 3-year term to expire on February 1, 2028, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Navin)

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“Motion by Councilor Fuccillo, to move the recommendation of the Public Services Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009432D Special Permit Application of: Dish Wireless L.L.C. Order No. 25-1009432D Locus: 115 Onamog Street Marlborough, MA 01752 Assessors Map 81, Parcel (s) 238 DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009432D The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Dish Wireless L.L.C. (the “Applicant”), to allow for the co-location of a new Wireless Communications Facility (9 antennas and associated equipment) on an existing water tank, pursuant to the submitted plans, as provided in the DECISION and subject to the Findings of Fact and Conditions therein. FINDINGS OF FACT 1. The Applicant is a duly organized and existing limited liability company and FCC Licensee having a principal office located at 9601 S. Meridian Blvd., Englewood, CO 80112 c/o Jlee Associates 420 Northboro Road Central, Marlborough, MA 01752. 2. The Applicant is a prospective lessee of a portion of the property located at 115 Onamog Street (Assessor’s Map 81, Parcel(s) 238), Marlborough, Massachusetts (the “Site”) owned by the City of Marlborough. 3. On April 16, 2025, the Applicant filed with the City Clerk of the City of Marlborough an application (hereinafter referred to as the “Application”) for a Special Permit under Chapter 650 (Zoning) of the Code of the City of Marlborough (hereinafter referred to as the “Zoning Ordinance”), Section 650-25 entitled Wireless Communications Facilities. 4. In accordance with Article V, Section 650-18(A)(20) and Section 650-25 of the Zoning Ordinance, the Applicant proposes the co-location of a new Wireless Communications Facility (9 antennas and associated equipment) on an existing water tank) (the “Use”) at the Site, as shown in the plans submitted with the Application and referenced in paragraph 5 below. 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and plans entitled Site Number: BOBOS01099D, 115 Onamog Street, Marlborough, MA 01752 prepared by Advanced Engineering Group, P.C., with the last revision date of February 28, 2025, (the “Plans”), attached hereto as “ATTACHMENT A.” 6. Pursuant to the Application, the Applicant is licensed by the FCC to provide personal wireless services in the City of Marlborough and surrounding areas and currently has a problem with significant gaps in coverage and capacity issues with coverage that could be alleviated by installing the Use on the subject location as shown on the Plans. 7. The Site is located in the Residence A-3 Zoning District which allows a Special Permit to be issued for a Wireless Communication Facility (“WCF”). 8. Pursuant to the Rules and Regulations of the City Council of 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 and the planning boards of all surrounding towns entitled thereto in accordance with applicable regulations and law. 9. The subject water tank located at the Site (Fairmount Hill Tank) is currently under a long- term, 15-year maintenance, inspection, and capital improvement contract between the City of Marlborough and Utility Service Co., Inc., as authorized under Massachusetts General Laws Chapter 40, Sections 61-69 (the “City USC Contract”). Any co-location or equipment installation must comply with the terms and conditions of the City USC Contract. 10. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on June 9, 2025. The public hearing was held in the City Council Chamber, at the Marlborough City Hall, 140 Main Street. The public hearing was closed on June 9, 2025. 11. The Applicant presented oral testimony and demonstrative evidence at the public hearing, demonstrating that the Use meets all the applicable Special Permit criteria of Article VI, Section 650-25 and Article VIII, Section 650-59. 12. At the Public Hearing, there were no members of the public speaking in opposition to the Use. 13. The Council, in reviewing the Application, considered the Review Standard and Development Requirements, as enumerated in Article VI, Section 650-25 and Article VII, Section 650-59 of the City of Marlborough Zoning Ordinance, applicable 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 the Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds the proposed Use of the Site is in harmony with the intent and general purpose of the Zoning Ordinance of the City of Marlborough when subject to appropriate terms and conditions as provided in this Decision. 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 finds that the proposed Use is consistent with the purposes of Section 650- 25 governing WCFs in the City. D. The proposed WCF and location are consistent with both the applicable review standards in Section 650-25(D) and the development requirements in Section 650-25(E). E. The City Council recognizes the Applicant is a federal licensee afforded certain protection under federal telecommunications law, to the extent provided by law. F. The City Council confirms the Applicant has demonstrated the need to construct the proposed facility to solve certain wireless coverage and capacity issues that currently exist in its network in the vicinity. G. The City Council finds that there are adequate, ample parking spaces on the host parcel. H. The City Council finds the proposed Use, which consists of an unmanned and unoccupied facility, will have no impact on traffic and pedestrian safety in the area. I. The City Council finds the proposed Use will not be contrary to the public health, safety, convenience and welfare and will not be offensive or detrimental. J. The City Council, pursuant to its authority under MGL Chapter 40A and the City of Marlborough Zoning Ordinance GRANTS to the Applicant a Special Permit for construction of the Use, a wireless communications facility on the existing water tank at the Site, 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 the Use 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 occupancy permit shall be issued until the Applicant has complied with all conditions. Subsequent Site Plan Review shall be consistent with the conditions of this Special Permit and the Plans submitted, reviewed and approved by the City Council as the Special Permit Granting Authority. 3. 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 Public Services 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. 4. 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. 5. All work performed on the Site shall comply with this Decision. No other building or construction or activity (including but not limited to any other communications device, WCF, tower, etc.) shall occur without further modification of this Special Permit. This condition shall be interpreted consistent with federal law governing WCF’s. 6. No signage or advertising of any sort shall be permitted as part of the Use. 7. The Applicant shall comply with all applicable conditions for WCFs as set forth in Section 650-25(F), each of which shall constitute conditions of this special permit. 8. Any installation, modification, or maintenance of antenna equipment on the tank shall be coordinated with Utility Service Co., Inc., the City's contracted water tank maintenance vendor, to ensure no interference with the City's maintenance obligations or tank integrity. All antenna installations shall be subject to prior review and approval by Utility Service Co., Inc., pursuant to the City USC Contract referenced in Finding of Fact Number 9 above. Any co-location or equipment installation must comply with the terms and conditions of the City USC Contract as amended. The Applicant shall be responsible for the temporary removal and reinstallation of its antennas and associated equipment if such removal is necessary to accommodate required maintenance, inspection, or renovation of the water tank, as determined by the City or its tank maintenance contractor. Costs associated with such removal shall be borne by the Applicant. 9. 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 Office, the Building Department and the City Solicitor’s Office. Yea: 10 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey..” (Motion: Fuccillo)

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“Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee to approve the following, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009433D Special Permit Application of: TV Marlborough, LLC & Green Armory Laboratories, Inc. Order No. 25-1009433D Locus: 260 Cedar Hill Street Marlborough, MA 01752 Assessors Map 115, Parcel(s) 7A DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009433D The City Council of the City of Marlborough (“City Council”) hereby GRANTS the Application for a Special Permit to TV Marlborough, LLC, having a usual place of business at 42 Monument Street, Concord, Massachusetts 01742, and Green Armory Laboratories, Inc., having a usual place of business at 260 Cedar Hill Street, Marlborough, Massachusetts 01752, as provided in this Decision and subject to the following Findings of Fact and Conditions: FINDINGS OF FACT 1. TV Marlborough, LLC is a limited liability company organized, existing and in good standing under the laws of the State of Delaware and existing and in good standing under the laws of the Commonwealth of Massachusetts having a usual place of business at 42 Monument Street, Concord, Massachusetts 01742, hereinafter referred to as “TV Marlborough.” 2. Green Armory Laboratories, Inc. is a corporation organized, existing and in good standing under the laws of the Commonwealth of Massachusetts having a usual place of business at 260 Cedar Hill Street, Marlborough, Massachusetts 01752, hereinafter referred to as “Green Armory” and together with TV Marlborough, collectively the “Applicant.” 3. Green Armory is a prospective tenant of a commercial unit located at 260 Cedar Hill Street, Marlborough, Massachusetts 01752, as shown on Marlborough Assessor’s Map 115, Parcel 7A (the “Site”). The owner of the Site is TV Marlborough. The Site is located in the Industrial “I” Zoning District. 4. On April 17, 2025, the Applicant filed with the City Clerk of the City of Marlborough, an Application to City Council for Issuance of Special Permit (hereinafter referred to as the “Application”) under Article V, Section 650-17, Section 650-18(A)(47), and Article VI, Section 650-32 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), to permit the Applicant to conduct a business with the purpose of operating a Marijuana Independent Testing Laboratory (the “Use”). 5. In connection with the Application, the Applicant submitted: (a) Application to City Council for Issuance of Special Permit, (b) Filing Fee check in the amount of $500.00, (c) Abutters List, (d) Special Permit – Summary Impact Statement, (e) Special Permit Application Certification by Planning Department, (d) Tax Payment Certification, and (e) A site plan set, consisting of 1 plan sheet, prepared by Truax Engineering Group, Inc. dated March 18, 2025 and an architectural plan set, consisting of 6 plan sheets, prepared by Alok Dhanda Architecture, LLC dated November 25, 2024 (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 Use at the Site will occupy an area of 2,917 +/- square feet. 8. In accordance with 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 June 9, 2025 as the date for a public hearing on the Application, caused to be advertised notice of said hearing and the date thereof in the MetroWest/Milford Daily News and mailed said notice to those entitled thereto, all in accordance with Massachusetts General Laws Chapter 40A. 9. The City Council held a public hearing on the Application on June 9, 2025, in accordance with the published notice (the “Public Hearing”). The hearing was opened at the time provided for in the notice and following the completion of testimony the hearing was closed on said date. 10. The Applicant presented testimony at the Public Hearing detailing the business operational plans for facility, especially as it pertained to security, waste disposal, hiring practices, community and economic impact, and such issues as the City Council and members of the public deemed appropriate. Members of the public had the opportunity to testify at the Public Hearing. At the Public Hearing, no members of the public spoke in favor of the Use as the Site and no members of the public spoke in opposition to the Use at the Site. 11. The Applicant provided written and oral documentation and testimony to the City Council and the City Council’s Urban Affairs and Housing Committee (“Urban Affairs”) regarding the facility, operations, security and waste disposal. 12. The facility has 24-hour monitoring of security cameras, as well as multi-tiered levels of security clearance within the building. The applicant commits to work with City officials and the Marlborough Police Department to address any and all reasonable security concerns. 13. All staff of Green Armory comply with all Cannabis Control Commission hiring requirements, including, but not limited to, any background and CORI check requirements. 14. The Applicant commits to considering local applicants for employment and independent contract purposes. Applicant residency will be one positive consideration among many considerations such as experience and educational background. BASED UPON 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 City Council as they pertain to special permit applications. B. The City Council finds that the proposed Use at the Site is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance when subject to the appropriate terms and conditions as provided in this Decision. The City Council makes these findings subject to the completion and adherence by the Applicant to the conditions more fully set forth in this Decision, as further specified below. C. The City Council finds that the Site is located in the portion of the Industrial Zoning District located west of Interstate Highway Route 495, in accordance with Section 650-18(47)(a) of the Zoning Ordinance, and that the Site is not located within 500 feet of a school or daycare center, in accordance with Article VI, Section 650-32(F) of the Zoning Ordinance. D. In accordance with Article VI, Section 650-32(C) of the Zoning Ordinance, the City Council hereby determines that any adverse effects of the Use at the Site will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the Site, and of the proposal in relation to the Site, based upon consideration of the following: 1. Social, economic, or community needs which are served by the proposal: Finding: The Use at the Site will provide a safe and convenient location for an independent testing laboratory. 2. Traffic flow and safety, including parking and loading: Finding: The Site will safely accommodate expected traffic flow from the Use and provide adequate parking and loading capacity. 3. Adequacy of utilities and other public services: Finding: The Site provides adequate utilities and public services for the Use. 4. Neighborhood character and social structures: Finding: The Use is consistent with the established commercial area in the vicinity of the Site. 5. Impacts on the natural environment: Finding: The Use will have no greater impact than the established commercial uses in the area of the Site. 6. Potential fiscal impact, including impact on City services, tax base, and employment: Finding: The Use at the Site will be revenue positive. 7. Hours of operation: Finding: The hours of operation of the Use will be 8:00 a.m. to 5:00 p.m. 8. Requiring that contact information be provided to the Chief of Police, the Building Commissioner, and the Special Permit Granting Authority: Finding: The provision of contact information is specifically conditioned below. 9. To the extent permitted by law, requiring payment of a community impact fee: Finding: The City has executed a host community agreement with Green Armory Laboratories, Inc., which addresses this requirement. 10. Requiring the submission to the Special Permit Granting Authority of the same annual reports that must be provided to the Commonwealth of Massachusetts Department of Public Health and/or the Massachusetts Cannabis Control Commission: Finding: This requirement is specially conditioned below. 11. Requiring regular inspections by City officials or their agents, and access to the same records which are available for inspection to the Commonwealth of Massachusetts Department of Public Health and/or the Massachusetts Cannabis Control Commission: Finding: This requirement is specially conditioned below. 12. Requiring employees to undergo a criminal background check, including but not limited to CORI and an additional background check, by the Police Chief who shall have the authority to disapprove the employment of any person(s) as a result of said background check: Finding: This requirement is specially conditioned below. 13. Requiring surveillance cameras, capable of 24-hour video recording, archiving recordings and ability to immediately produce images, in, on, around or at the premises: Finding: This requirement is specially conditioned below. 14. Prohibiting the sale of any materials or items unrelated to the purposes of registration by the Commonwealth of Massachusetts Department of Public Health and/or the Massachusetts Cannabis Control Commission including, without limitation, tobacco products, clove cigarettes, or e-cigarettes: Finding: This requirement is specially conditioned below. 15. The ability for the business to: a. Provide a secure indoor waiting area for clients; b. Provide an adequate and secure pick-up/drop-off area for clients, customers and products; c. Provide adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals; d. Adequately address issues of traffic demand, parking, and queuing, especially at peak periods at the business, and its impact on neighboring uses; and e. provide opaque exterior windows. Finding: These requirements are specially conditioned below, to the extent applicable to the Use. 16. Signs and signage: Finding: The Applicant is not proposing new exterior signage at the Site, other than a 2’ x 2’ identification sign over the outside entrance. 17. Names of businesses, business logos and symbols, subject to state and federal law and regulations: Finding: The Applicant’s business name, business logos and symbols do not violate applicable state and federal law and regulations. 18. If applicable, reduce energy and water usage, engage in energy conservation and mitigate other environmental impacts: Finding: The Use’s energy usage, water usage, and environmental impacts would be no different than other commercial uses in the vicinity of the Site. E. 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 Application for a Special Permit to the Applicant, in order to authorize the operation of a Marijuana Independent Testing Laboratory at 260 Cedar Hill Street, 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 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. 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 at the Site. 3. Site Plan Review. The Use at the Site is further subject to Site Plan Review in accordance with the City of Marlborough site plan review ordinance prior to the issuance of the occupancy permit, as required by Article VI, Section 650-32(E) of the Zoning Ordinance. 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. Site Plan Review shall be consistent with the conditions of this Special Permit 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. 5. Compliance With State Requirements. In accordance with Article V, Section 650- 18(47)(c) of the Zoning Ordinance, the Use at the Site shall comply with all statutes and regulations of the Commonwealth of Massachusetts for the licensure and operation of an Independent Testing Laboratory. 6. Security. a. The Applicant shall maintain the security at the Site in accordance with the applicable Massachusetts Cannabis Control Commission requirements for an Independent Testing Laboratory. The Applicant shall provide a written Security Plan to be approved and signed by the Marlborough Police Chief or his designee. Any substantive changes to the Security Plan shall receive written approval from the Police Chief or his designee. b. The Applicant shall maintain the designated laboratory and storage area as a secured and limited access area at the Site. c. The Applicant shall maintain surveillance cameras capable of 24-hour video recording and archiving recordings. 7. Processing and Odors. There shall be no processing or manufacturing of marijuana or marijuana infused products as part of the Use at the Site. Marijuana and marijuana products shall be pre-packaged and sealed prior to arriving at the Site. Any odors associated with marijuana and marijuana infused products shall be limited to the interior of the unit. There shall be no onsite consumption or use of marijuana or marijuana infused products associated with the Use at the Site. 8. Hours. The maximum hours of operation of the Use at the Site shall be Monday through Friday, 8:00 AM to 5:00 PM 9. Contact Information. The Applicant shall provide current contact information of management and staff to the Chief of Police, the Fire Chief, the Building Commissioner, and the City Council. 10. Annual Reports. The Applicant shall submit to the City Council the same annual reports that must be provided to the Massachusetts Cannabis Control Commission. 11. Inspections and Records. The Applicant shall make the Use available for regular inspections by City officials or their agents and shall provide City officials or their agents with access to the same records which are available for inspection to the Massachusetts Cannabis Control Commission. 12. Background Checks. The Applicant shall require that employees undergo a criminal background check, including but not limited to CORI and an additional background check, by the Chief of Police, who shall have the authority to disapprove the employment of any person(s) as a result of said background check. 13. Retail Sales. There shall be no retail sales permitted at the Site. 14. 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 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing & Robey..” (Motion: Robey)

Read it in the official minutes, page 22 (PDF)