November 17, 2025

“Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009554C Application of: Taj Estates of Marlborough, LLC Order No. 25-1009554C Locus: 163-175 Main Street Map 70, Parcels 76A, 77, 78, 79, Portions of 33A, 34, 77A, and city stair land DECISION ON AN AMENDMENT TO A SPECIAL PERMIT ORDER NO. 25-1009554C (X 18/19-1007135, 19-1007571) The City Council of the City of Marlborough hereby GRANTS the Application to Amend a Special Permit to Taj Estates of Marlborough, LLC (the “Applicant”) to authorize modifications to a mixed-use project at 163-175 Main Street, Marlborough, Massachusetts, 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 limited liability company having a mailing address of 95 East Main Street, Suite 100, Westborough, MA 01581. 2. The Applicant is the prospective buyer of the property located at 163-175 Main Street, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 70, Parcels 76A, 77, 78, 79, portions of Parcels 33A, 34, 77A, and portions of the adjacent city stair land, with a total area of 23,242 square feet (the “Site”). 3. The Site’s owner is Vincenza Sambataro with a mailing address of 22 Indian Rock Road, Wayland, MA 01778. 4. The Site is located primarily in the Marlborough Village Zoning District, with a 98 square foot portion located in the Business District. 5. On October 7, 2019, the City Council of the City of Marlborough voted to grant a special permit authorizing the Applicant to build and operate a mixed-use development at the Site (the “Use”) in accordance with Article VI, Section 650-17, Section 650-34, and Section 650-41 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), recorded at the Middlesex South District Registry of Deeds in Book 70281, Page 571 and registered on Certificate # 266543 (the “Original Special Permit”). 6. Due to two statutes, Chapter 53 of the Acts of 2020 and Chapter 238 of the Acts of 2024, extending the effective dates of various land use approvals, the Original Special Permit will lapse on January 12, 2026. 7. The Original Special Permit was approved in accordance with the provisions of the Zoning Ordinance in effect as of the date of application for the Original Special Permit in 2019 (the “2019 Ordinance”). A 2023 amendment to the Zoning Ordinance with respect to the Marlborough Village District, City Council Order No. 23-1008721, does not apply to the Use, in accordance with M.G.L. c. 40A, Sections 5 and 6, and the express terms of said Order. 8. The Original Special Permit authorized certain relief from the 2019 Ordinance as follows: a. A seventh (7th) story and a total building height of 81 feet, including within 50 feet of a residential zone, authorized by special permit in accordance with Section 650- 34.F(1) and Section 650-41, Attachment 2, Note 12; b. Total lot coverage of 94%, authorized by special permit in accordance with Section 650-41, Attachment 2, Note 13; c. A rear setback of 0 feet, authorized by special permit in accordance with Section 650-41, Attachment 2, Note 15; d. A Mixed-Use Development over a 98 square foot portion of the project site zoned Business, authorized by special permit in accordance with Section 650-17, Attachment 1; and e. Authorization for the issuance of more than 100 residential units in the Village District in a single calendar year, authorized by special permit in accordance with Section 650-34. G(1). 9. On September 18, 2025, the Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough an application to amend the Original Special Permit to modify the Use, under the provisions of Massachusetts General Laws Chapter 40A, Section 9, and the Zoning Ordinance (the “Application”). 10. In connection with the Application, the Applicant submitted a certified list of abutters and filing fees. 11. In connection with the Application, the Applicant submitted a site plan entitled “163-175 Main Street Marlborough, MA Plan Set” by MP Design Consultants, stamped by Carlos Ferreira, P.E., last revised November 6, 2025, and set of architectural drawings entitled “163 Main Street: Design Development” by MP Design Consultants, last revised November 6, 2025 (together, the “New Plans”), attached as “ATTACHMENT A”. 12. The Use, modified as shown on the New Plans, would consist of a mixed-use development at the Site with 67 residential units, 59 on-site parking spaces, and street level commercial space, in a 7-story building with a height of 75 feet, and not including a roof deck, as shown on the New Plans. 13. 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. 14. 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. 15. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, October 20, 2025. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on October 20, 2025. 16. The Applicant, through its representatives, presented testimony at the public hearing detailing the Application, describing its impact upon municipal services, the neighborhood, and traffic. 17. At the public hearing, four members of the public spoke in favor of the Application, one member of the public submitted a letter in favor of the Application, and two members of the public spoke in opposition to the Application. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds that the proposed Use at the Site, modified as shown on the New Plans, is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance of the City of Marlborough when subject to the appropriate terms and conditions as provided in this Decision and in the Original Special Permit. 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, as further specified below. C. The City Council finds that public safety will not be impacted by a reduction of the rear setback to zero feet and the reduction will yield a better design for the project. D. 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 the Original Special Permit in order to modify the Use at the Site as shown on the New Plans, 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 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 in accordance with this Decision and the New Plans as may be amended during Site Plan Review. 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. 3. Site Plan Review. The issuance of this Decision is further subject to detailed Site Plan Review by the City Council prior to the issuance of a building permit. Any additional changes, alterations, modifications or amendments, as required during the process of Site Plan Review, shall be further conditions attached to this Decision and the building permit, and no final occupancy permit shall be issued until the Applicant has complied with all conditions, provided, however, that subsequent to the issuance of this Decision and Site Plan Approval, the City’s Site Plan Review Committee may authorize the phasing of site and building work depending upon weather conditions and other factors. Site Plan Review shall be consistent with the conditions of this Decision 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. The final architectural design of the Site shall be reasonably consistent with the New Plans submitted by the Applicant. The final exterior features of the Site, including landscaping, shall be maintained in good condition and shall be reasonably consistent with the New Plans submitted and representations made to the City Council. 5. Monument Donation. The Applicant agrees that prior to the issuance of a certificate of occupancy for the Use, the Applicant shall donate materials and engraving for a Gold Star Family Memorial monument to be located in the plaza behind Marlborough City Hall, with plans and specifications for said monument to be provided by the Marlborough Veterans Council and the City Engineer, and with installation of the monument to be the responsibility of the City. 6. Relief Granted in Original Special Permit. Expect as modified as set forth in the New Plans, the Use shall continue to benefit from the relief granted pursuant to the Original Special Permit. This Decision amends the Plans referenced and shown in Attachment A to the Original Special Permit to be the New Plans attached to this Decision as “ATTACHMENT A”. 7. Conditions in Original Special Permit. Conditions #1 through #4 of the Original Special Permit are amended to read as set forth above in Conditions #1 through #4 of this Decision, respectively. Conditions #5, #6 and #7B of the Original Special Permit shall continue in full force and effect, except for references in Condition #6 to a “roof deck” which is not applicable to the New Plans as there is no roof deck. Condition #7 and #7A of the Original Special Permit shall not apply to the New Plans as there is no roof deck. 8. Recording of Decision. In accordance with the provisions of Massachusetts General Laws Chapter 40A, Section 11, the Applicant at its expense shall record this Decision in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Decision 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 Decision to the City Council’s office, the Building Department, and the City Solicitor’s office. Yea: 8 – Nay: 2 Yea: Vital, Doucette, Brown, Irish, Fuccillo, Navin, Ossing & Robey. Nay: Preciado & Oram..” (Motion: Robey)

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“Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee, seconded by the Chair to adopt the following: ORDERED: That the Updated Master Sign Plan for 910 Boston Post Road East is to supersede the Master Sign Plan approved on October 23, 2023. It is further Ordered that this Master Sign Plan shall include the following: 1) One (1) internally illuminated pylon sign as depicted on page labeled Pylon sign, 1 & 2 by ViewPoint Sign & Awning, to be 18’ in height by 9’ 1” wide. 2) Three (3) existing internally illuminated signs on the west side of the building, sizes to be one (1) 38” x 160”, one (1) 54” x 160” and one (1) 80” x 55”. 3) Four (4) signs along Route 20 (Boston Post Road East) side for future tenants, each sign being 8’ x 20” and not internally illuminated. 4) Each of the three (3) internally illuminated signs shall be turned off when the respective business is closed each day. The internally illuminated pylon sign will be on a timer that will turn off the entire sign at midnight (12:00 AM) and turn it back on at dusk. APPROVED; adopted. President Ossing declared the vote of 9 – 1..” (Motion: Robey)

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“Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough does hereby approve and adopt, pursuant to §650-34.B(3) of the Marlborough Zoning Ordinance, the Site Plan Review Committee's Site Plan Permit (attached hereto), which sets forth the Committee's recommend approval, with conditions, of the site plans submitted by Taj Estates of Marlborough, LLC, to construct a mixed use project at 163-175 Main Street, APPROVED; adopted. President Ossing declared the vote of 8 – 2..” (Motion: Robey)

Read it in the official minutes, page 25 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council for the City of Marlborough, having received a request on behalf of Taj Estates of Marlborough, LLC (the “Requester”) to convey a certain parcel of land adjacent to 163-175 Main Street, Marlborough shown as “Parcel F” on a plan entitled “Plan of Land, Main Street, Marlborough, MA” dated October 2, 2025, prepared by Bruce Saluk & Associates, Inc. (the “Plan”), structural support easements, and a temporary construction easement, over City land proximate to said parcel, authorizes the following: 1. Pursuant to MGL Chapter 82, §21 or any other enabling law, discontinue a portion of an unnamed private way laid out by vote of town meeting of the Town of Marlborough on November 3, 1868, upon which an existing public walk and stairway is located, shown as “Parcel 4” comprised of 513 SF +/-, being a portion of “Parcel F” as shown on the Plan, effective upon the recording of the Deed and Easement Agreement with the Middlesex South Registry of Deeds referenced herein; 2. Pursuant to MGL Chapter 30B, §16, Chapter 40, §3, §15 and §15A, and any other enabling law, the care, custody, and control of “Parcel F” as shown on the Plan is transferred from the Department of Public Works to the City Council, declared surplus and available for sale to the Requester on the condition of a minimum price of $11,600.00 and retaining a temporary easement for public passage, and may be conveyed to the Requester along with easements shown as “Structural Support Easement #1” and “Structural Support Easement #2” over “Parcel 5”, “Parcel 6”, and “Parcel G” on the Plan, and a temporary construction easement over “Parcel 5” and “Parcel G” on said Plan; 3. The Mayor is authorized to execute a Quitclaim Deed and Easement Agreement in substantially the form attached hereto, and any other document or instrument required, to effectuate the above. 4. All costs associating with recording or filing all necessary documents and plans referenced herein with the Registry of Deeds shall be the responsibility of the requester. APPROVED; adopted. President Ossing declared all votes 8 – 2..” (Motion: Robey)

Read it in the official minutes, page 25 (PDF)

“Motion by Councilor Robey, to move the recommendation of the Urban Affairs Committee, seconded by the Chair to adopt the following: ORDERED: THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING 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 AS FOLLOWS: I. Chapter 650, Article VI, entitled “Special Districts, Overlays and Special Requirements” is hereby amended by inserting a new Section 650-39.2, entitled “Ames Village Overlay District”, which shall read 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 partially below grade 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. (4) Notwithstanding anything contained herein or in the Zoning Ordinance to the contrary, principal multifamily dwellings in the AOD shall be located within 200 feet from the exterior boundaries of the AOD along Ames Street and Forest Street. The 200-foot maximum setback line running parallel to Ames Street and Forest Street shall be shown on plans submitted to the City Council for a special permit for a multifamily dwelling in the AOD. Areas of the AOD located outside of the 200-foot maximum setback area may be used for grading, drainage, utilities, accessory structures, driveways, parking, resident amenities, and other uses excluding principal multifamily dwellings, subject to the vegetated buffer requirements set forth in Paragraph F(2). 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. II. 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. III. 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. IV. The effective date of these amendments shall be the date of their passage. First Reading, suspended; Second Reading, adopted; (President Ossing declared the vote of 7-3).” (Motion: Robey)

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“. Passage to Enroll, adopted; (President Ossing declared the vote of 6-4).” (Motion: Robey)

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“. Passage to Ordain; adopted. (President Ossing declared the vote of 6-4).” (Motion: Robey)

Read it in the official minutes, page 26 (PDF)