December 15, 2025

“Motion by Councilor Irish, to move the recommendation of the Finance Committee, seconded by the Chair to adopt the following: ORDERED: That the Job Description pursuant to Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” relative to the position of Comptroller/Treasurer, APPROVED; adopted. President Ossing declared the vote of 10 – 1..” (Motion: Irish)

Read it in the official minutes, page 6 (PDF)

“Motion by Councilor Irish, to move the recommendation of the Finance Committee, seconded by the Chair to adopt the following: ORDERED: That the Mayor is authorized pursuant to MGL Chapter 41 §108N ½ to execute an Employment Contract between the City of Marlborough and Brian Doheny as Comptroller/Treasurer, APPROVED; adopted. President Ossing declared the vote of 10 – 1..” (Motion: Irish)

Read it in the official minutes, page 6 (PDF)

“Motion by Councilor Irish, to move the recommendation of the Finance Committee, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $20,695.00 (twenty thousand six hundred ninety-five dollars) from Assistant Finance Director to Comptroller/Treasurer to fund the contract for the remainder of FY26, APPROVED; adopted. President Ossing declared the vote of 10 – 1..” (Motion: Irish)

Read it in the official minutes, page 6 (PDF)

“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: The City Council supports the Municipal Aggregation Committee’s unanimous endorsement (Vote 5 – 0) to have the City participate in a low-income community solar discount rate program as part of the City’s municipal aggregation plan subject to applicable state requirements, and authorizes the Mayor to negotiate and enter into a memorandum of understanding, administrative services agreement, and/or any other document or agreement necessary to effectuate the above, for a term not to exceed twenty (20) years, subject to the approval of the Commissioner of Public Works, Chief Procurement Officer, and City Solicitor. APPROVED; adopted. President Ossing declared the vote of 10 – 1..” (Motion: Navin)

Read it in the official minutes, page 8 (PDF)

“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. 25-1009513D Special Permit Application of: 1st Choice Auto Services & Sales, Inc. 299 Maple Street Marlborough, MA 01752 Order No. 25-1009513D Locus: 299 Maple Street Marlborough, MA 01752 Assessors Map 93 Parcel(s) 36 and 36A DECISION ON A SPECIAL PERMIT ORDER NO. 25-1009513D The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to 1st Choice Auto Services & Sales, Inc. (the “Applicant”) to modify a preexisting nonconforming auto repair use and structure by adding an accessory auto sales use at 299 Maple Street, Marlborough, MA in the Commercial Automotive Zoning District, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, 1st Choice Auto Services & Sales, Inc., is a Massachusetts corporation with an address of 299 Maple Street, Marlborough, MA 01752. 2. The Applicant is the tenant of the property located at 299 Maple Street, Marlborough, Massachusetts, being shown as Parcels 36 and 36A on Assessors Map 93 (the “Site”). 3. In accordance with Section 650-12.B, Section 650-17, and Section 650-18.A(25), of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), the Applicant proposes to modify a preexisting nonconforming auto repair use and structure at the Site by adding accessory auto sales (the “Use”). As shown on the Plans referenced in paragraph 5 below, the Use consists of an auto repair building and accessory parking. 4. The Applicant, by and through its counsel, filed with City Clerk of the City of Marlborough an Application for a Special Permit (“Application”) for the Use. 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and a site plan entitled “Preliminary Site Plan of Map 93, Lots 36 & 36A” by Levesque Geomatics Inc., with the last revision date of October 30, 2025 (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 Site is located in the Commercial Automotive Zoning District. 8. The Site has an area of 6,405 square feet +/- as shown on the Plans. 9. The Site’s principal building is a preexisting nonconforming structure with respect to setbacks and lot coverage. The Site’s auto repair use is preexisting nonconforming with respect to the need for a special permit for such a use on a parcel with an area of less than one acre. 10. 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. 11. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, August 18, 2025. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on August 18, 2025. 12. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 13. At the public hearing, no members of the public spoke in opposition 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 all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds that the change of use of the preexisting nonconforming use and structure would not be substantially more detrimental to the neighborhood than the existing nonconforming use and structure. C. The City Council finds that the preexisting nonconforming use and structure have not been abandoned for a period of two years or more. D. The City Council finds that the proposed Use is not enlarged to more than 25% of the floor and ground area of the preexisting nonconforming structure at the Site. E. The City Council finds that the proposed Use of the Site is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance of the City of Marlborough when subject to the appropriate terms and conditions as provided herein. The City Council makes these findings subject to the completion and adherence by the Applicant, its successors and/or assigns to the conditions more fully set forth herein. F. The City Council, pursuant to its authority under Massachusetts General Laws Chapter 40A and the Zoning Ordinance of the City of Marlborough hereby GRANTS the Applicant a Special Permit for an accessory auto sales use at 299 Maple Street on a parcel with an area of less than one acre, and a modification of a preexisting nonconforming auto repair use and structure at 299 Maple Street by adding the accessory auto sales use, as shown on the Plans filed, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. Construction in Accordance with Applicable Laws. Construction of all structures on the Site 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 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 final occupancy permit shall be issued until the Applicant has complied with all conditions, provided, however, that subsequent to the issuance of this Special Permit and Site Plan Approval, the Site Plan Review Committee may authorize the phasing of site and building work depending upon weather conditions and other factors. 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. Modification of Plans. Notwithstanding conditions #1 and #2 above, the City Council or the Site Plan Review Committee may approve engineering changes to the Plans, so long as said changes do not change the Use as approved herein, or materially increase the impervious area of the Use, reduce the green area, alter traffic flow, or increase the size of the building, all as shown on the Plans. 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. Vehicles on Site. The Applicant shall not display more than five (5) vehicles for sale on the Site at any given time. Inclusive of vehicles for sale, the Applicant shall not have more than more than twenty (20) vehicles on the Site at any given time, unless through the Site Plan Review process it is determined that only a smaller number of vehicles can fit on the Site, in which case the smaller number of vehicles will be the maximum allowed. 6. Parking. Parking areas for vehicles under repair, employees, customers, and vehicles on display for sale shall be orderly and in designated striped areas as shown on the Plans. The Applicant shall not park vehicles for sale or under repair off of the Site along public ways. 7. Drainage. As part of Site Plan Review, the Applicant shall work with the City Engineer on options for drainage improvements designed to reduce runoff from the Site. 8. Screening. The car service storage area shall be screened from Maple Street, to be determined during the Site Plan Review process. 9. Planters. The Applicant shall install planters along the front of the property adjacent to the sidewalk and along the northeast sideline of the Site, with the size, number, and specific location of said planters to be determined during the Site Plan Review process, designed to improve the aesthetics of the Site and offer some screening of vehicles under repair. The Applicant shall plant and maintain evergreen plants and flowering plants in the planters. 10. Vehicles Sales License. The Applicant shall obtain and comply with a vehicle sales license from the City’s Licensing Board. 11. Noise and Air Quality. The Applicant shall comply with the City’s Noise Ordinance and shall comply with all state and federal requirements governing air quality and emissions. 12. Recording of Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 11, the Applicant, its successors and/or assigns, at its expense shall record this 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: 9 – Nay: 1 – Abstain: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram & Ossing. Nay: Robey. Abstain: Sargent..” (Motion: Robey)

Read it in the official minutes, page 8 (PDF)