MassVoter.com← Marlborough City CouncilMarlborough City Council · 2024–2025 Council · Regular meeting
September 22, 2025
20 recorded votes, 3 with disagreement.
Sources: Official minutes (PDF) · City meeting page
A monthly email on what it voted on, starting in November.
Your Marlborough ballot: 13 quizzes, about a minute each.
Start my ballot →Attendance
Present: Sean A. Navin, Mark A. Oram, Michael H. Ossing, Kathleen D. Robey, Mark A. Vital, David Doucette, Robert Preciado, Teona C. Brown, John J. Irish, Trey Fuccillo
Absent: None
Every vote, in order
Accept and file: Minutes of the City Council meeting, SEPTEMBER 8, 2025
Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, SEPTEMBER 8, 2025, FILE; adopted. President Ossing declared the vote of 10 – 0.
From the minutes
“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, SEPTEMBER 8, 2025, FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Brown)
Accept and file: Communication from Councilors Ossing & Navin, re: Municipal Aggregation – September 2025 Update
Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from Councilors Ossing & Navin, re: Municipal Aggregation – September 2025 Update, 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 Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from Councilors Ossing & Navin, re: Municipal Aggregation – September 2025 Update, FILE; adopted..” (Motion: Navin)
Approve: Gift Acceptance in the amount of $500.00 from the Disabled American Veterans Organization (DAV) awarded to the Veterans Services...
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 $500.00 from the Disabled American Veterans Organization (DAV) awarded to the Veterans Services Department to be used to cover the cost of pizza lunches for veterans for a few months; adopted. President Ossing declared the vote of 10 – 0.
From the minutes
“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 $500.00 from the Disabled American Veterans Organization (DAV) awarded to the Veterans Services Department to be used to cover the cost of pizza lunches for veterans for a few months; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)
Accept and file: Communication from the Mayor, re: Certification of Free Cash in the amount of $7,951,438.00
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Certification of Free Cash in the amount of $7,951,438.00, FILE; adopted. President Ossing declared the vote of 10 – 0.
From the minutes
“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Certification of Free Cash in the amount of $7,951,438.00, FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)
Approve: Transfer Request from Undesignated Fund (Free Cash) to OPEB Trust in the amount of $795,143.80 (Seven hundred ninety-five thousand, one...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request from Undesignated Fund (Free Cash) to OPEB Trust in the amount of $795,143.80 (Seven hundred ninety-five thousand, one hundred forty-three dollars and eighty cents) pursuant to the financial policies of the city, APPROVED; adopted. President Ossing declared the vote of 10 – 0.
From the minutes
“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request from Undesignated Fund (Free Cash) to OPEB Trust in the amount of $795,143.80 (Seven hundred ninety-five thousand, one hundred forty-three dollars and eighty cents) pursuant to the financial policies of the city, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)
Approve: Transfer Request from Undesignated Fund (Free Cash) to Undesignated Stabilization in the amount of $795,143.80 (Seven hundred ninety-five...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request from Undesignated Fund (Free Cash) to Undesignated Stabilization in the amount of $795,143.80 (Seven hundred ninety-five thousand, one hundred forty-three dollars and eighty cents) pursuant to the financial policies of the city, APPROVED; adopted. President Ossing declared the vote of 10 – 0.
From the minutes
“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request from Undesignated Fund (Free Cash) to Undesignated Stabilization in the amount of $795,143.80 (Seven hundred ninety-five thousand, one hundred forty-three dollars and eighty cents) pursuant to the financial policies of the city, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)
Approve: Transfer Request from Undesignated Fund (Free Cash) to FY 25 Street Construction in the amount of $9,297.01 (Nine thousand two hundred...
Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request from Undesignated Fund (Free Cash) to FY 25 Street Construction in the amount of $9,297.01 (Nine thousand two hundred ninety-seven dollars and one cent) to cover the expense of repaving a section of Cashman Street, APPROVED; adopted. President Ossing declared the vote of 10 – 0.
From the minutes
“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request from Undesignated Fund (Free Cash) to FY 25 Street Construction in the amount of $9,297.01 (Nine thousand two hundred ninety-seven dollars and one cent) to cover the expense of repaving a section of Cashman Street, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)
Approve: Appointment of William H. Paynton, III as Building Commissioner for a 1-year term effective September 24, 2025
Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Appointment of William H. Paynton, III as Building Commissioner for a 1-year term effective September 24, 2025, APPROVED; adopted. President Ossing declared the vote of 10 – 0.
From the minutes
“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Appointment of William H. Paynton, III as Building Commissioner for a 1-year term effective September 24, 2025, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Navin)
Accept and file: Communication from the Mayor, re: Notification of Temporary Appointment pursuant to MGL Chapter 41 §61A of Brian Doheny as...
Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Temporary Appointment pursuant to MGL Chapter 41 §61A of Brian Doheny as Interim City Collector effective September 16, 2025, for a 60-day term to expire November 15, 2025, FILE; adopted. President Ossing declared the vote of 10 – 0.
From the minutes
“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Temporary Appointment pursuant to MGL Chapter 41 §61A of Brian Doheny as Interim City Collector effective September 16, 2025, for a 60-day term to expire November 15, 2025, FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Navin)
Moved to item #16 & file: Communication from City Solicitor Jason Grossfield, re: Request from Saul Carvajal on behalf of Chapa Paisa Restaurant...
Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Request from Saul Carvajal on behalf of Chapa Paisa Restaurant, 203-205 Main Street request for use of city property for outside seating, in proper legal form, Order No. 25-1009529A (X 17- 1006857A), MOVED TO ITEM #16 & FILE; adopted. President Ossing declared the vote of 10 – 0.
From the minutes
“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield, re: Request from Saul Carvajal on behalf of Chapa Paisa Restaurant, 203-205 Main Street request for use of city property for outside seating, in proper legal form, Order No. 25-1009529A (X 17- 1006857A), MOVED TO ITEM #16 & FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Brown)
Approve: Communication from City Solicitor Jason Grossfield re: Application for a Special Permit from Attorney Gemma Cashman on behalf of Royal...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Solicitor Jason Grossfield re: 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, in proper legal form, incorporating the additional conditions approved by the City Council on September 8, 2025, Order No. 25- 1009434E, MOVED TO ITEM #17 & FILE; adopted. President Ossing declared the vote of 10 – 0.
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 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, in proper legal form, incorporating the additional conditions approved by the City Council on September 8, 2025, Order No. 25- 1009434E, MOVED TO ITEM #17 & FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Robey)
Approve: Pursuant to Chapter 92 of the Acts of 2022, on the recommendation of the Board of Registrars of Voters, the City Council of the City of...
Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That Pursuant to Chapter 92 of the Acts of 2022, on the recommendation of the Board of Registrars of Voters, the City Council of the City of Marlborough hereby APPROVES In-Person Early Voting and designates City Hall, 140 Main Street, as the location to be used for the 2025 Municipal General Election; adopted. President Ossing declared the vote of 10 – 0.
From the minutes
“Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That Pursuant to Chapter 92 of the Acts of 2022, on the recommendation of the Board of Registrars of Voters, the City Council of the City of Marlborough hereby APPROVES In-Person Early Voting and designates City Hall, 140 Main Street, as the location to be used for the 2025 Municipal General Election; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Fuccillo)
Accept and file: Communication from the Fort Meadow Commission, re: Updated Fort Meadow Rules
Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Fort Meadow Commission, re: Updated Fort Meadow Rules, FILE; adopted. President Ossing declared the vote of 10 – 0.
From the minutes
“Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Fort Meadow Commission, re: Updated Fort Meadow Rules, FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Fuccillo)
Refer to the Urban Affairs Committee, Planning Board, and Advertise a Public Hearing for...: Communication from Attorney Brian Falk on behalf of...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Brian Falk on behalf of the Gutierrez Company and the Marlborough/Northborough Realty Trust, re: Resubmission of Proposed Zoning Amendment to Chapter 650 “Zoning” to create the “Ames Village Overlay District” (AOD), referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, OCTOBER 20, 2025; adopted. THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING RECEIVED A PETITION TO AMEND THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY ADDING A NEW SECTION 650 AS FOLLOWS: § 650-39.2_ – AMES VILLAGE OVERLAY DISTRICT A. Purpose and Objectives. The Ames Village Overlay District (the “AOD”) allows the application of supplemental land use controls within the boundaries of a certain overlay district as an alternative to land use controls that exist in the underlying district. The establishment of the AOD is to enhance land use development, promote housing by allowing the construction of market-rate and affordable-rate multifamily condominiums, and to maximize open space and vegetated buffers for existing residential neighborhoods. B. Location; Underlying Zoning. (1) For the purposes of this section, the AOD is located at the northeast corner of the intersection of...
From the minutes
“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Brian Falk on behalf of the Gutierrez Company and the Marlborough/Northborough Realty Trust, re: Resubmission of Proposed Zoning Amendment to Chapter 650 “Zoning” to create the “Ames Village Overlay District” (AOD), referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, OCTOBER 20, 2025; adopted. THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING RECEIVED A PETITION TO AMEND THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY ADDING A NEW SECTION 650 AS FOLLOWS: § 650-39.2_ – AMES VILLAGE OVERLAY DISTRICT A. Purpose and Objectives. The Ames Village Overlay District (the “AOD”) allows the application of supplemental land use controls within the boundaries of a certain overlay district as an alternative to land use controls that exist in the underlying district. The establishment of the AOD is to enhance land use development, promote housing by allowing the construction of market-rate and affordable-rate multifamily condominiums, and to maximize open space and vegetated buffers for existing residential neighborhoods. B. Location; Underlying Zoning. (1) For the purposes of this section, the AOD is located at the northeast corner of the intersection of Ames Street and Forest Street, containing approximately 11 acres, as indicated on the City Zoning Map and more particularly depicted in Exhibit “A” attached hereto and incorporated herein by this reference. (2) Except as specifically provided herein, the provisions of the Zoning Ordinance relating to the underlying zoning districts not otherwise impacted by this section (§ 650-39.2, et seq.) shall continue to remain in full force and effect. In the event of any conflict between the provisions of this section (§ 650-39.2, et seq.) and any other provision of the Zoning Ordinance, the provisions of this section (§ 650-39.2, et seq.) shall govern and control. C. Authority of Permit Granting Authority. (1) The City Council shall be the special permit granting authority in the AOD. (2) Site Plan Review in the AOD shall be conducted administratively in accordance with § 270-2 of the Code of the City of Marlborough. (3) The City Council may elect to vary the dimensional, parking, design, and landscaping requirements applicable to a use or structure by special permit upon finding that such change shall result in an improved design and will not nullify or substantially derogate from the intent of purpose of this Section. D. Use Regulations. (1) The following uses are permitted in the AOD: i. Uses allowed by right in the underlying zoning district, as set forth in the Table of Use Regulations, § 650- 17, are permitted by right; ii. Uses allowed by special permit in the underlying zoning district, as set forth in the Table of Use Regulations, § 650- 17, may be permitted by special permit; iii. By special permit: Multifamily dwellings, as defined in § 650- 5(B), including multiple buildings on a single lot, provided that the total number of multifamily dwelling units in the AOD shall not exceed 90. E. Affordable Housing. Notwithstanding any provisions in the Zoning Ordinance to the contrary, multifamily dwellings in the AOD shall be subject to the affordable housing standards of § 650-26. F. Dimensional Standards. (1) Notwithstanding any provisions in the Zoning Ordinance to the contrary, multifamily dwellings in the AOD shall be subject to the following dimensional standards: i. Minimum lot area: 100,000 square feet. ii. Minimum lot frontage: 100 feet. iii. Minimum front yard or setback from a public way: 20 feet. iv. Minimum side and rear yard: 50 feet. v. Maximum building height: 4 stories, exclusive of parking level. vi. Maximum lot coverage: 50%, over the entire AOD. (2) Notwithstanding anything contained herein or in the Zoning Ordinance to the contrary, there shall be a vegetated buffer with a minimum width of 50 feet and a total minimum area of 4 acres located along the exterior boundary of the AOD, excluding boundaries along public ways, for multifamily dwellings. The vegetated buffer shall remain in its natural state free from structures and impervious surfaces, but may be used for stormwater management and underground installations. To the maximum extent practical, existing mature vegetation within the vegetated buffer shall be maintained. Special permits and site plan approvals for multifamily dwellings within the AOD may require additional screening within the vegetated buffer deemed necessary to minimize the visual impacts of such development on neighboring properties. (3) Notwithstanding anything contained herein or in the Zoning Ordinance to the contrary, there shall be no yard or setback requirements, planting strips, or vegetated buffers required as to any internal lot lines for multifamily dwellings within the AOD. G. Environmental/Soil Regulations. All developed areas in the AOD shall be subject to any applicable municipal, state, and federal laws, rules, regulations, and ordinances as they may apply to properties with historic orchard operations, including soil management protocols. H. Landscaping Regulations. Notwithstanding any provisions in the Zoning Ordinance to the contrary, development in the AOD shall be subject to the landscaping regulations of § 650-47; provided, however, that § 650-40.F(8) and § 650-18(A)(9) shall not apply to multifamily dwellings in the AOD. I. Parking Regulations. Notwithstanding any provisions in the Zoning Ordinance to the contrary, the minimum parking requirement for multifamily dwellings in the AOD shall be one and one half (1.5) spaces per unit. J. Modifications. (1) After approval, applicants may seek modifications to any approved Special Permits or Site Plan Approvals. (2) Special Permits – Major modifications to a Special Permit may be granted by a vote of the City Council, and minor modifications to a Special Permit may be granted by the Building Commissioner. The Building Commissioner shall have jurisdiction to determine whether a requested modification to a Special Permit is major or minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment, or the neighborhood. Where the effect of a modification to a Special Permit is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten percent (10%) or greater variation from the applicable approval, provided however, that said modification would not result in a violation of any provision of this Section. If it is determined that a modification to a Special Permit is not minor, per § 650-59 of the Zoning Ordinance, an application for a revised Special Permit shall be filed, and a public hearing shall be held in the same manner as required for a new application. (3) Site Plan Approvals – Major or minor modifications to a Site Plan Approval shall be subject to the provisions of § 270-2 of the Code of the City of Marlborough. I. The Zoning Map described in § 650-8 is amended as stated herein and in Exhibit “A” annexed hereto. The newly established “Ames Village Overlay District” shall include portions of the property shown on the Assessors Map as existing at the passage of this Ordinance, which property includes the following parcels of land (herein identified by the Assessors’ Map and Parcel Number): Assessors Map 89, Parcels 80 through 88; Assessors Map 89, Parcels 90 through 99; Assessors Map 100, Parcel 15; Assessors Map 100, Parcel 24; Assessors Map 100, Parcel 25; and Assessors Map 100, Parcel 26. II. The City Clerk is authorized to assign other numbering for the new section 650-39.2 as deemed appropriate for sequential ordering in the Zoning Ordinance. III. The effective date of these amendments shall be the date of their passage. President Ossing declared the vote of 10 – 0..” (Motion: Robey)
Refer to the Urban Affairs Committee & Advertise: Set MONDAY, OCTOBER 20, 2025 as the DATE FOR A PUBLIC HEARING on the Application to Amend a...
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, OCTOBER 20, 2025 as the DATE FOR A PUBLIC HEARING on the Application to Amend a Special Permit and Site Plan Approval from Attorney Brian Falk, on behalf of Taj Estates, for the mixed-use project in the Marlborough Village District known as “E on Main” consisting of 67 residential condominium units, street level commercial space, 43 on-site parking spaces and resident amenities at 163-175 Main Street, referred to URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. President Ossing declared the vote of 10 – 0.
From the minutes
“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY, OCTOBER 20, 2025 as the DATE FOR A PUBLIC HEARING on the Application to Amend a Special Permit and Site Plan Approval from Attorney Brian Falk, on behalf of Taj Estates, for the mixed-use project in the Marlborough Village District known as “E on Main” consisting of 67 residential condominium units, street level commercial space, 43 on-site parking spaces and resident amenities at 163-175 Main Street, referred to URBAN AFFAIRS COMMITTEE & ADVERTISE; adopted. President Ossing declared the vote of 10 – 0..” (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. a) Board of Assessors, July 31, 2025. b) Council on Aging, July 29, 2025. President Ossing declared the vote of 10 – 0.
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. a) Board of Assessors, July 31, 2025. b) Council on Aging, July 29, 2025. President Ossing declared the vote of 10 – 0..” (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. a) Michael Ciannella, 14 Springhill Avenue, other property damage and/or personal injury. b) Jonah Hintz, 25 Peters Avenue, pothole or other road defect. President Ossing declared the vote of 10 – 0.
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. a) Michael Ciannella, 14 Springhill Avenue, other property damage and/or personal injury. b) Jonah Hintz, 25 Peters Avenue, pothole or other road defect. President Ossing declared the vote of 10 – 0..” (Motion: Brown)
Approve: License to Encroach on Public Property and Indemnification WHEREAS, Chapa Paisa Inc. d/b/a Chapa Paisa Restaurant (the “Licensee”), duly...
Motion by Councilor Brown, to move the recommendation of the Legislative & Legal Affairs Committee, seconded by the Chair to adopt the following: ORDERED: License to Encroach on Public Property and Indemnification WHEREAS, Chapa Paisa Inc. d/b/a Chapa Paisa Restaurant (the “Licensee”), duly incorporated in the Commonwealth of Massachusetts with a principal place of business at 203/205 Main Street, Marlborough, MA, operating a restaurant known as the Chapa Paisa Restaurant located at 203/205 Main Street, Marlborough, MA 01752 (being a portion of Assessors Map 69 Parcel 465) desires to use a portion of the elevated outdoor brick landing to the west side of 195-205 Main Street) for table service of food and/or beverages (hereinafter, “License Area”); and WHEREAS, the City of Marlborough (hereinafter, the “City”) wishes to allow Licensee to use the License Area for table service of food and/or beverages; WHEREAS the License Area is owned by and/or within the public way of the City; NOW, THEREFORE, the City of Marlborough, by and through its Mayor and City Council (hereinafter, “the City”), grants to the Licensee permission to use the License Area for the limited purpose of outdoor dining on food and/or beverages associated with the Licensee and to place tables and chairs thereon for said purpose, and for no other purpose, under the terms and conditions stated below (hereinafter, “the license” or “this license”): 1. The License Area is identified in its approximate location on...
From the minutes
“Motion by Councilor Brown, to move the recommendation of the Legislative & Legal Affairs Committee, seconded by the Chair to adopt the following: ORDERED: License to Encroach on Public Property and Indemnification WHEREAS, Chapa Paisa Inc. d/b/a Chapa Paisa Restaurant (the “Licensee”), duly incorporated in the Commonwealth of Massachusetts with a principal place of business at 203/205 Main Street, Marlborough, MA, operating a restaurant known as the Chapa Paisa Restaurant located at 203/205 Main Street, Marlborough, MA 01752 (being a portion of Assessors Map 69 Parcel 465) desires to use a portion of the elevated outdoor brick landing to the west side of 195-205 Main Street) for table service of food and/or beverages (hereinafter, “License Area”); and WHEREAS, the City of Marlborough (hereinafter, the “City”) wishes to allow Licensee to use the License Area for table service of food and/or beverages; WHEREAS the License Area is owned by and/or within the public way of the City; NOW, THEREFORE, the City of Marlborough, by and through its Mayor and City Council (hereinafter, “the City”), grants to the Licensee permission to use the License Area for the limited purpose of outdoor dining on food and/or beverages associated with the Licensee and to place tables and chairs thereon for said purpose, and for no other purpose, under the terms and conditions stated below (hereinafter, “the license” or “this license”): 1. The License Area is identified in its approximate location on the plan attached hereto as EXHIBIT “A”, which exhibit is made a part hereof. 2. The license shall be effective from the date of approval by the City for a one (1) year term. Thereafter, subject to the terms and conditions of this license, this license shall run from year to year. 3. Licensee shall not allow any use of the tables and chairs in the License Area after 8:30 PM. Licensee shall be responsible for snow and ice removal if Licensee places tables and/or chairs on the License Area when snow or ice is present. If License Area is in use after sundown, Licensee shall incorporate appropriate lighting for use, subject to City approval. 4. Licensee acknowledges that this license is not a grant of interest in the License Area or in any other portion of City property. 5. Licensee acknowledge that this license is exclusive to Licensee and that no other person(s) or entity(ies) has the permission of the City to utilize the License Area for any purpose other than for dining on products purchased at the Licensee. This License (including paragraphs 5 and 6) shall not prohibit dining on food from sources other than the Licensee so long as it is in conjunction with dining on beverages/food purchased at the Licensee. 6. Licensee agrees that it shall not allow loitering or other use of the License Area which is not related to dining on products purchased at the Licensee. 7. Licensee agrees to indemnify, defend, and hold harmless the City, their officers, employees and agents from and against all suits, actions or claims, civil or criminal, of any character brought because of any injury or damage received or sustained by any person, persons or property arising out of, or resulting from the existence of any obstruction or defect in the public way abutting the License Area or in the License Area, or arising out of, or resulting from any asserted negligent or intentional act, error or omission of Licensee or its agents, servants or employees, occurring in the performance of the Licensee to place tables and chairs upon License Area and to allow the utilization by third parties of said License Area, or Licensee’s use of the License Area or any related act or omission of any representative, agent, invitee, customer, patron, agent, employee, or guest of Licensee. The indemnification required hereunder shall not be limited by reason of the specifications of any particular insurance coverage of the Licensee. 8. Licensee shall: return the License Area to the same condition and degree of cleanliness or better than it was in prior to the commencement of the use promptly at the expiration or termination of this License (reasonable wear and tear excepted), be responsible for any repairs or clean-up costs required as a result of Licensee’s use of the License Area, and remove any item of property left or placed in or on the License Area by Licensee promptly at the expiration or termination of this License. 9. The City shall be under no liability for any damage or loss of the License Area and no claim shall be made therefore against the City. The use of the License Area is at the sole risk of the Licensee and not the City. Licensee acknowledges that they have inspected the site and are satisfied as to the suitability of the site for its purposes. No warranty or representations as to the site or its suitability for any particular purposes is made by the City. The License Area is licensed in its as is condition. No action or inaction of the City shall constitute or be construed to be an explicit and specific assurance of safety or assistance. The City may inspect the site at any time. 10. The Licensee further agrees to have said area included in their business operations and liability insurance coverage and to add the City as an additional insured for the premises and property or provide other insurance coverage acceptable to the City. If alcohol is served on the License Area, Licensee shall include the City as an additional insured on its liquor liability insurance. 11. The City’s Building Commissioner or the Building Commissioner’s agents may revoke the license for violation of the terms and conditions of this license. The City reserves the right at any time to immediately upon notice to Licensee or posting of notice at the site terminate and cancel this license prior to its expiration for any cause as determined in the best interests of the City, and all rights granted hereunder shall immediately terminate and cease and the City shall not be held liable by reason thereof. 12. This License is not transferable or assignable and Licensee shall be responsible for any uses permitted hereunder. Licensees shall supervise and observe any and all use of the License Area during the License period and shall be solely responsible for the Use of the License Area during the term hereof. 13. Service of alcoholic beverages out-of-doors in the License Area shall require a separate license from the Licensing Board and any appropriate State approvals. 14. Said tables and chairs shall not interfere with accessible path of travel for handicapped individuals, per the Americans with Disabilities Act and all other applicable laws and regulations. 15. Signs shall not be permitted except in accordance with City’s Sign Ordinance. 16. All applicable federal, state, and City policies, orders, regulations and ordinances, as amended, shall remain in full force and effect, and Licensee shall comply with same. 17. Licensee agrees to abide by its terms and conditions and acknowledges that said license may be revoked by the City for breach of any condition contained therein. 18. A signed copy of this License transmitted by facsimile, scan, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original. APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Brown)
Grant special permit: Royal 401 Elm Street LLC, warehouse and distribution facility at 415 Elm Street
Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: ORDER NO. 25-1009434 RECORD OF PROCEEDINGS FOR DENIAL OF SPECIAL PERMIT This Record of Proceedings is made in connection with the City Council of the City of Marlborough (the “City Council”) DENIAL of the Application for a Special Permit to ROYAL 401 ELM STREET LLC (the “Applicant”), having a usual place of business at 8111 Douglas Avenue, Suite 600, Dallas, Texas 75225, as provided in the September 22, 2025, Decision: FINDINGS OF FACT 1. The Applicant, Royal 401 Elm Street LLC, is a limited liability company organized under the laws of the State of Delaware, registered as a foreign limited liability company in the Commonwealth of Massachusetts, having a usual place of business at 8111 Douglas Avenue, Suite 600, Dallas, Texas 75225. 2. The Applicant is the prospective owner of the property located at 415 Elm Street, Marlborough, Massachusetts 01752, as shown on Marlborough Assessor’s Map 54, Parcel 17 (the “Site”). 3. 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”). 4. Under Article V, Section 650-17 of the City of Marlborough Zoning Ordinance (the “Zoning Ordinance”), the Application proposes a “transportation terminal and freight depot” use at the Site to consist of the operation of a warehousing and distribution facility for goods and...
Yes: Fuccillo, Irish, Ossing, VitalNo: Brown, Doucette, Navin, Oram, Preciado, RobeyThis roll call is the vote on the motion to grant the special permit; the decision text says the council “voted four (4) in favor, six (6) opposed” and “Accordingly, the motion failed to carry, and the special permit is DENIED.”
From the minutes
“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: ORDER NO. 25-1009434 RECORD OF PROCEEDINGS FOR DENIAL OF SPECIAL PERMIT This Record of Proceedings is made in connection with the City Council of the City of Marlborough (the “City Council”) DENIAL of the Application for a Special Permit to ROYAL 401 ELM STREET LLC (the “Applicant”), having a usual place of business at 8111 Douglas Avenue, Suite 600, Dallas, Texas 75225, as provided in the September 22, 2025, Decision: FINDINGS OF FACT 1. The Applicant, Royal 401 Elm Street LLC, is a limited liability company organized under the laws of the State of Delaware, registered as a foreign limited liability company in the Commonwealth of Massachusetts, having a usual place of business at 8111 Douglas Avenue, Suite 600, Dallas, Texas 75225. 2. The Applicant is the prospective owner of the property located at 415 Elm Street, Marlborough, Massachusetts 01752, as shown on Marlborough Assessor’s Map 54, Parcel 17 (the “Site”). 3. 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”). 4. Under Article V, Section 650-17 of the City of Marlborough Zoning Ordinance (the “Zoning Ordinance”), the Application proposes a “transportation terminal and freight depot” use at the Site to consist of the operation of a warehousing and distribution facility for goods and materials (the “Use”), which (i) shall be specific to any future tenant(s); (ii) not limited to the conditions for use for “Warehousing (36)” as set forth in Section 650- 18(A)(36) of the Zoning Ordinance, and (iii) the warehouse and distribution use shall be limited to distribution by such future tenants; provided, however, the Use shall specifically exclude (a) an Amazon.com, Inc. or similar direct to consumer fulfillment center use, (b) the warehousing of hazardous substances and/or solid waste, as defined in Massachusetts General Laws c. 21E, and (c) the Use shall be subject to and shall not exceed the projected traffic estimates and mitigation conditions as described in Condition #7 of the Site Plan Approval referenced below. 5. The Site is located in the Limited Industrial (L-1) Zoning District and Water Supply Protection District (Zones A & B). 6. As shown on the Plans referenced in paragraph 9 below, the Use will consist of: constructing an approximately 203,500 square foot warehousing and distribution facility on the Site with associated site improvements, including parking, driveways, landscaping and stormwater management areas (the “Project”). 7. Following review by the City of Marlborough Site Plan Review Committee, the Building Commissioner issued a Site Plan Approval with conditions, Site Plan # SC-24-28, to the Applicant for the Project on March 12, 2025 (the “Site Plan Approval”). 8. The City of Marlborough Conservation Commission issued an Order of Conditions, MassDEP File #212-1289, to the Applicant for the Project on March 4, 2025, which was recorded with the Middlesex South Registry of Deeds in Book 84157, Page 508 (the “Order of Conditions”). 9. 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 $2,000.00, (c) Abutters List, (d) Special Permit – Summary Impact Statement, (e) Special Permit Application Certification by Planning Department, (f) Tax Payment Certification, (g) Traffic Impact Assessment prepared by Vanasse & Associates Inc. dated July 2024, (h) Authorization Letter from Owner, and (i) Site plan set entitled “Proposed Site Plan Documents for Lincoln Property Company Proposed Industrial Building” dated September 30, 2024 with revisions through February 21, 2025, prepared by Bohler (the “Plans”). 10. 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. 11. The Site has an area of 24 +/- acres, as shown on the Plans. 12. 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 June 9, 2025 as the date for a public hearing on the Application and the City Clerk for the City of Marlborough caused to be advertised notice of said hearing and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 13. The City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on June 9, 2025 (the “Public Hearing”). The public hearing was held at Marlborough City Hall, 140 Main Street. The hearing was closed on said date. 14. The Applicant, through its representatives, presented testimony at the Public Hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. At the Public Hearing, one member of the public spoke in favor of the Use. One member of the public spoke in opposition to the Use based on concerns of truck noise and light trespass. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS: A. On September 22, 2025, on a motion to grant the special permit with conditions, the City Council voted four (4) in favor, six (6) opposed. Accordingly, the motion failed to carry, and the special permit is DENIED. The basis for the denial are the following reasons and findings: i. The Use will cause a nuisance to the surrounding neighborhood due to impacts associated with increased noise, traffic, and lighting. The proposed conditions for a special permit will not fully mitigate the impacts, and such impacts will conflict with public health, safety, convenience and welfare. To the extent, the Applicant proposes to mitigate such impacts, the conditions would first require additional study and evaluation prior to the Applicant taking steps to mitigate the impacts. Certain conditions even if implemented would not mitigate impacts in a manner that protects the public (i.e. Lighting condition of limited duration; Noise condition of limited duration and only requires steps to meet regulatory standards as opposed to increase in sound levels generally). ii. The Use proposes a significant additional number of trips generated by tractor-trailers associated with the Use. The access on Elm Street does not have the capacity to handle this type or volume of traffic. Smaller roadways in the immediate vicinity are similarly lacking in such capacity. iii. The Application fails to specify the tenant or the particular nature of the Use. Rather, the Application proposes to impose conditions on a use for which the actual characteristics or impacts of the use are not fully ascertainable. Accordingly, Application serves to limit the City Council’s ability to consider the full scope of the proposed use and/or appropriately condition the proposed use. iv. The Use proposed is “Transportation Terminal and Freight Depot” as referenced in the Application referring to the category set forth in the Zoning Ordinance’s Table of Uses. The Use does not comply with the requirements of the City’s Water Supply Protection District (Section 650-24 of the Zoning Ordinance), including but not limited to dimensional requirements for lot coverage and maximum impervious area. v. To the extent that the Use constitutes a “warehouse” and not a “Transportation Terminal and Freight Depot” and would fall within the category of “Manufacturing or Warehouse (37),” under the Zoning Ordinance, that use category is prohibited according to the Table of Uses in the subject zoning district. vi. The Use will impact the surrounding natural environment including wildlife, including reduction of tree canopy. vii. The Use also poses the potential for tractor-trailers running during overnight hours should they arrive when the hours of operation are limited, and this impact has not been mitigated. viii. Pursuant to Ord. 650-57(C)(12), no special permit shall be issued, except upon a general finding that the use sought, and its impact and characteristics shall not be in conflict with public health, safety, convenience and welfare and shall not be detrimental or offensive, provided the conditions, safeguards or limitations imposed, if any, are met. By its vote, the City Council did not make this finding for the reasons discussed herein. Each of the above stated reasons, individually, provides sufficient grounds for the denial of the special permit, and collectively, provides sufficient grounds for such denial. 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. Yea: 4– Nay: 6 Yea: Vital, Irish, Fuccillo & Ossing. Nay: Doucette, Preciado, Brown, Navin, Oram & Robey..” (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 8:42 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 8:42 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.
How to read these pagesWhere the votes come from, how we check them against the official minutes, what isn't included yet, and how to report a mistake.About city pages →