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Marlborough City Council · 2026–2027 Council · Regular meeting

July 20, 2026

39 recorded votes, 4 with disagreement.

Sources: Official minutes (PDF) · City meeting page

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Attendance

Present: Sean A. Navin, Mark A. Oram, Michael H. Ossing, Kathleen D. Robey, Mark A. Vital, David Doucette, Robert Preciado, Heather M. Gould, John J. Irish, Trey Fuccillo

Absent: Matthew S. Sargent

Every vote, in order

Accept and file: Minutes of the City Council meeting, June 22, 2026

Minutes, page 1

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Vital, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, June 22, 2026, FILE; adopted. President Ossing declared the vote of 10 – 0.

From the minutes

“Motion by Councilor Vital, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, June 22, 2026, FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Vital)

Read it in the official minutes, page 1 (PDF)

Approve with conditions: Petition of MA Electric and Verizon, to install one (1) Joint Owned Pole on Pleasant Street beginning at a point...

Minutes, page 1

Adopt orderPassed · Unanimous, 10 present

Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: Petition of MA Electric and Verizon, to install one (1) Joint Owned Pole on Pleasant Street beginning at a point approximately 250’ Northwest of the centerline of the intersection of West Main Street. National Grid to install a 50’ class 2 pole. The pole will be installed between P3 and P4 on Pleasant Street on the same side of the road as P3 and P4. The pole will be labeled P3-50 on Pleasant Street, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. National Grid states that this location is optimal for a pole-top recloser, which are very helpful for monitoring the grid and quickly diverting power to restore electricity to customers. 2. The location of the new poles shall be marked out in the field for approval prior to installation. 3. Any necessary easements are to be obtained from affected property owners. 4. A street opening permit must be applied for by the proposed contractor performing the work. 5. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 6. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 7. A proper staging area is to be located/acquired before work commences – material and equipment is not to be parked/stockpiled within the city right of way and or private property unless permission is granted in...

From the minutes

“Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: Petition of MA Electric and Verizon, to install one (1) Joint Owned Pole on Pleasant Street beginning at a point approximately 250’ Northwest of the centerline of the intersection of West Main Street. National Grid to install a 50’ class 2 pole. The pole will be installed between P3 and P4 on Pleasant Street on the same side of the road as P3 and P4. The pole will be labeled P3-50 on Pleasant Street, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. National Grid states that this location is optimal for a pole-top recloser, which are very helpful for monitoring the grid and quickly diverting power to restore electricity to customers. 2. The location of the new poles shall be marked out in the field for approval prior to installation. 3. Any necessary easements are to be obtained from affected property owners. 4. A street opening permit must be applied for by the proposed contractor performing the work. 5. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 6. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 7. A proper staging area is to be located/acquired before work commences – material and equipment is not to be parked/stockpiled within the city right of way and or private property unless permission is granted in writing by the property owner. 8. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 9. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 10. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 11. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 12. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 13. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non- compliance with current ADA standards. President Ossing declared the vote of 10 – 0..” (Motion: Fuccillo)

Read it in the official minutes, page 1 (PDF)

Approve with conditions: Petition of MA Electric and Verizon, to install one (1) Joint Owned Pole on Hosmer Street beginning at a point...

Minutes, page 2

Adopt orderPassed · Unanimous, 10 present

Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric and Verizon, to install one (1) Joint Owned Pole on Hosmer Street beginning at a point approximately 190’ Southwest of the centerline of the intersection of Briarwood Lane and Hosmer Street and continuing approximately 20’ in an East direction. National Grid to install a new 45’ H1 mid-span pole to be labeled P8-50 on Hosmer Street, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. National Grid states that this location is optimal for a pole-top recloser, which are very helpful for monitoring the grid and quickly diverting power to restore electricity to customers. 2. The location of the new poles shall be marked out in the field for approval prior to installation. 3. A street opening permit must be applied for by the proposed contractor performing the work. 4. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 5. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 6. A proper staging area is to be located/acquired before work commences – material and equipment is not to be parked/stockpiled within the city right of way and or private property unless permission is granted in writing by the property owner. 7. The contractor is to ensure residents are always able to enter and exit their...

From the minutes

“Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric and Verizon, to install one (1) Joint Owned Pole on Hosmer Street beginning at a point approximately 190’ Southwest of the centerline of the intersection of Briarwood Lane and Hosmer Street and continuing approximately 20’ in an East direction. National Grid to install a new 45’ H1 mid-span pole to be labeled P8-50 on Hosmer Street, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. National Grid states that this location is optimal for a pole-top recloser, which are very helpful for monitoring the grid and quickly diverting power to restore electricity to customers. 2. The location of the new poles shall be marked out in the field for approval prior to installation. 3. A street opening permit must be applied for by the proposed contractor performing the work. 4. The contractor performing the work must obtain a street opening bond with the City of Marlborough. 5. The contractor shall provide the Engineering Division preconstruction photos of driveways, sidewalks, lawn areas, and roadway areas impacted by all construction activities. 6. A proper staging area is to be located/acquired before work commences – material and equipment is not to be parked/stockpiled within the city right of way and or private property unless permission is granted in writing by the property owner. 7. The contractor is to ensure residents are always able to enter and exit their driveways (have necessary steel plating on site and accessible). 8. Ensure construction safety controls are established (signage, drums, police details, etc...) and are in accordance with the latest MUTCD standards. 9. Trench backfilling, compacting, temporary, and final paving are to be done in accordance with the City of Marlborough standard trenching details. 10. Trenches are to be paved or completely backfilled and compacted at the end of each workday. Trenches are never to be left unattended. 11. Post construction loaming and seeding are to be done in accordance with the 1995 MHD Standard Specifications sections 751 & 765. 12. Proposed utility pole(s) shall not put any sidewalks or sidewalk ramps into non- compliance with current ADA standards. President Ossing declared the vote of 10 – 0..” (Motion: Fuccillo)

Read it in the official minutes, page 2 (PDF)

Accept and file: Certification from Councilor-At-Large Mark Oram as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Proposed...

Minutes, page 3

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Certification from Councilor-At-Large Mark Oram as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Proposed Zoning Amendment to Chapter 650 “Zoning” to add a new section to create the Forest Street Residential Overlay District (FSROD) and to amend the Zoning District Map to rezone certain parcels to the Forest Street Residential Overlay District (FSROD), Order No. 26-1009705C, FILE; adopted. President Ossing declared the vote of 10 – 0.

From the minutes

“Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Certification from Councilor-At-Large Mark Oram as required under MGL Chapter 39 §23D (“Mullin Rule”), regarding the Proposed Zoning Amendment to Chapter 650 “Zoning” to add a new section to create the Forest Street Residential Overlay District (FSROD) and to amend the Zoning District Map to rezone certain parcels to the Forest Street Residential Overlay District (FSROD), Order No. 26-1009705C, FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Oram)

Read it in the official minutes, page 3 (PDF)

Accept and file: Communication from Councilor Doucette, re: Editorial relating to Geothermal Energy and a QR code for access to Geothermal Documents

Minutes, page 3

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Communication from Councilor Doucette, re: Editorial relating to Geothermal Energy and a QR code for access to Geothermal Documents, FILE; adopted. 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 Communication from Councilor Doucette, re: Editorial relating to Geothermal Energy and a QR code for access to Geothermal Documents, FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Doucette)

Read it in the official minutes, page 3 (PDF)

Moved to end of the agenda: Communication from the Mayor, re: Request for Executive Session to consider the purchase or value of real...

Minutes, page 3

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the That the Communication from the Mayor, re: Request for Executive Session to consider the purchase or value of real property, MOVED TO END OF THE AGENDA; 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 That the Communication from the Mayor, re: Request for Executive Session to consider the purchase or value of real property, MOVED TO END OF THE AGENDA; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

Read it in the official minutes, page 3 (PDF)

Approve: Gift Acceptance in the amount of $6,000.00 (six thousand dollars) from the Friends of the Public Library awarded to the Public Library to...

Minutes, page 4

Adopt orderPassed · Unanimous, 10 present

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 $6,000.00 (six thousand dollars) from the Friends of the Public Library awarded to the Public Library to be used to support the Summer Reading Program, 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: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Gift Acceptance in the amount of $6,000.00 (six thousand dollars) from the Friends of the Public Library awarded to the Public Library to be used to support the Summer Reading Program, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

Read it in the official minutes, page 4 (PDF)

Approve: Grant Acceptance in the amount of $201,964.00 (two hundred one thousand nine-hundred and sixty four dollars) from the Executive Office of...

Minutes, page 4

Adopt orderPassed · Unanimous, 10 present

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 $201,964.00 (two hundred one thousand nine-hundred and sixty four dollars) from the Executive Office of Public Safety & Security State 911 Department Training Grant awarded to the Police Department to be used to offset personnel overtime costs in the Public Safety Dispatch Center, 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: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $201,964.00 (two hundred one thousand nine-hundred and sixty four dollars) from the Executive Office of Public Safety & Security State 911 Department Training Grant awarded to the Police Department to be used to offset personnel overtime costs in the Public Safety Dispatch Center, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

Read it in the official minutes, page 4 (PDF)

Approve: Grant Acceptance in the amount of $66,429.14 (sixty-six thousand four hundred twenty nine dollars and fourteen cents) from the Executive...

Minutes, page 4

Adopt orderPassed · Unanimous, 10 present

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 $66,429.14 (sixty-six thousand four hundred twenty nine dollars and fourteen cents) from the Executive Office of Public Safety & Security State 911 Department Training Grant awarded to the Police Department to be used to offset personnel training costs in the Public Safety Dispatching Center, 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: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $66,429.14 (sixty-six thousand four hundred twenty nine dollars and fourteen cents) from the Executive Office of Public Safety & Security State 911 Department Training Grant awarded to the Police Department to be used to offset personnel training costs in the Public Safety Dispatching Center, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

Read it in the official minutes, page 4 (PDF)

Approve: Grant Acceptance in the amount of $38,145.55 (thirty-eight thousand one hundred forty-five dollars and fifty five cents) from the...

Minutes, page 4

Adopt orderPassed · Unanimous, 10 present

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 $38,145.55 (thirty-eight thousand one hundred forty-five dollars and fifty five cents) from the Executive Office of Public Safety & Security State 911 Department Emergency Medical Dispatch Grant awarded to the Police Department to be used for equipment, quality assurance reviews of dispatch personnel and an offset of overtime costs, 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: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $38,145.55 (thirty-eight thousand one hundred forty-five dollars and fifty five cents) from the Executive Office of Public Safety & Security State 911 Department Emergency Medical Dispatch Grant awarded to the Police Department to be used for equipment, quality assurance reviews of dispatch personnel and an offset of overtime costs, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

Read it in the official minutes, page 4 (PDF)

Approve: Transfer Request in the amount of $173,494.00 (One hundred seventy-three thousand four hundred ninety-four dollars) from Undesignated...

Minutes, page 5

Adopt orderPassed · Unanimous, 10 present

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $173,494.00 (One hundred seventy-three thousand four hundred ninety-four dollars) from Undesignated Stabilization account to Public Safety Capital Police Equipment account to be used for the purchase of two new police vehicles, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Police FISCAL YEAR: 2027 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $25,883,109.95 $173,494.00 83600 35900 Undesignated Stabilization $173,494.00 19300006 58593 Department Equip Police $0.00 Reason: Available Funds To fully fund 1 K9 marked and 1 marked cruiser $173,494.00 Total $173,494.00 Total 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 in the amount of $173,494.00 (One hundred seventy-three thousand four hundred ninety-four dollars) from Undesignated Stabilization account to Public Safety Capital Police Equipment account to be used for the purchase of two new police vehicles, APPROVED; adopted. CITY OF MARLBOROUGH BUDGET TRANSFERS -- DEPT: Police FISCAL YEAR: 2027 FROM ACCOUNT: TO ACCOUNT: Available Available Balance Amount Org Code Object Account Description: Amount Org Code Object Account Description: Balance $25,883,109.95 $173,494.00 83600 35900 Undesignated Stabilization $173,494.00 19300006 58593 Department Equip Police $0.00 Reason: Available Funds To fully fund 1 K9 marked and 1 marked cruiser $173,494.00 Total $173,494.00 Total President Ossing declared the vote of 10 – 0..” (Motion: Irish)

Read it in the official minutes, page 5 (PDF)

Refer to the Urban Affairs Committee, Planning Board, and Advertise a Public Hearing for...: Communication from the Mayor, re: Proposed Zoning...

Minutes, page 5

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Proposed Zoning Amendment to Chapter 650 “Zoning” Section 23 “Floodplain Protection District”, referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, AUGUST 17, 2026; adopted. I. Chapter 650 (Zoning) is hereby amended by deleting the existing Section 650-23 in its entirety and by adding a new Section 650-23 to read as follows: FLOODPLAIN PROTECTION DISTRICT A. Purpose. The Floodplain Protection District and the regulations herein have been established with the following purposes intended: 1. To protect the public health and safety, persons and property against flooding and the hazard of floodwater inundation, reducing the threat to life and personal property. 2. To control and regulate the development of land and construction of buildings thereon and structures therein within the Floodplain Protection District, particularly in relation to the use of swampland, marshes and areas along watercourses, ponds and lakes and land subject to seasonal and/or periodic flooding. 3. To protect the public from the burden of extraordinary financial expenditures for flood control and relief and to protect against unanticipated costs resulting from erosion, siltation, pollution or contamination of drainageways and surface water or groundwater resources of the City or neighboring communities. 4. To preserve the capacity of...

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Proposed Zoning Amendment to Chapter 650 “Zoning” Section 23 “Floodplain Protection District”, referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, AUGUST 17, 2026; adopted. I. Chapter 650 (Zoning) is hereby amended by deleting the existing Section 650-23 in its entirety and by adding a new Section 650-23 to read as follows: FLOODPLAIN PROTECTION DISTRICT A. Purpose. The Floodplain Protection District and the regulations herein have been established with the following purposes intended: 1. To protect the public health and safety, persons and property against flooding and the hazard of floodwater inundation, reducing the threat to life and personal property. 2. To control and regulate the development of land and construction of buildings thereon and structures therein within the Floodplain Protection District, particularly in relation to the use of swampland, marshes and areas along watercourses, ponds and lakes and land subject to seasonal and/or periodic flooding. 3. To protect the public from the burden of extraordinary financial expenditures for flood control and relief and to protect against unanticipated costs resulting from erosion, siltation, pollution or contamination of drainageways and surface water or groundwater resources of the City or neighboring communities. 4. To preserve the capacity of floodplain, watershed or wetland areas to absorb, transmit and store runoff and to assure the retention of sufficient floodway area to convey flows which can reasonably be expected to occur. 5. Eliminate new hazards to emergency response officials. 6. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding. 7. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding. 8. Eliminate costs associated with the response and cleanup of flooding conditions. 9. Reduce damage to public and private property resulting from flooding waters. B. Location and Maps. 1. The Floodplain Protection District is herein established as an overlay district. The District includes all special flood hazard areas within the City of Marlborough designated as Special Flood Hazard Areas on the Middlesex County Flood Insurance Rate Map (FIRM) dated July 8, 2025 issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the DPW Engineering Division. 2. FIRM Map Explanations and Restrictions a. Non-Regulatory Floodway Encroachment. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. Regulatory Floodway Encroachment. In Zones A1-30 and AE, along watercourses that have a regulatory floodway, designated on the Middlesex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA), encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 3. Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the City Engineer will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways as required by the state building code. C. Recreational Vehicles. In A and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone’s regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready. D. Watercourse Alterations or Relocations in Riverine Areas. In a riverine situation, the City Engineer shall notify the following of any alteration or relocation of a watercourse: 1. Adjacent Communities, especially upstream and downstream; 2. Bordering States, if affected; 3. NFIP State Coordinator, Massachusetts Department of Conservation and Recreation; and 4. NFIP Program Specialist, Federal Emergency Management Agency, Region I. E. Requirement to Submit New Technical Data. If the City acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the City Engineer will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to: 1. NFIP State Coordinator, Massachusetts Department of Conservation and Recreation 2. NFIP Program Specialist, Federal Emergency Management Agency, Region I. F. Subdivision Proposals. All subdivision proposals and development proposals in the Floodplain Protection District shall be reviewed to assure that: 1. Such proposals minimize flood damage; 2. Public utilities and facilities are located & constructed so as to minimize flood damage; and 3. Adequate drainage is provided. G. Base Flood Elevation Data for Subdivision Proposals. When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans. H. Variances to Building Code Floodplain Standards. Variances to the flood-resistant standards as found in the MA State Building Code may only be issued by the MA State Building Code Appeals Board. Upon learning that an applicant intends to file for a variance from the State Building Code Appeals Board, the City shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Protection District. The City will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance and will maintain this record in the community’s files. I. Designation of Community Floodplain Administrator. The City of Marlborough hereby designates the position of City Engineer to be the official Floodplain Administrator for the City. J. Permitting Requirements. 1. Permits are required for all proposed development in the Floodplain Protection District. The City of Marlborough requires a permit for all proposed construction or other development in the Floodplain Protection District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adverse impact flood risks to other properties. 2. Assure that all necessary permits are obtained. The city’s permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain district. The proponent must acquire all necessary permits and must demonstrate that all necessary permits have been or will be acquired prior to filing for a special permit with the Board of Appeals pursuant to Subsection J(4) below. 3. Variances to local Zoning Ordinance related to community compliance with the National Flood Insurance Program (NFIP). A variance from this floodplain ordinance must meet the requirements set out by State law, and may only be granted if: 1) Good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief. Any variance sought will require the filing of a special permit with the Board of Appeals pursuant to this Section. 4. Special Permit Requirements a. In the Floodplain Protection District, no building or structure shall be constructed, altered or modified in its present use, and no land shall be filled, excavated or otherwise changed in grade, except pursuant to a special permit authorized by the Board of Appeals as hereinafter provided. Any application for such permit shall be submitted in quintuplicate (five copies) to the Board of Appeals and shall be accompanied by a plan of the premises in question showing: 1. The boundaries and dimensions of the area. 2. The location, dimensions and elevation above mean sea level of existing and proposed buildings and structures thereon. 3. The existing contours in one-foot intervals of the land and of any proposed changes therefrom. 4. Such other information as is deemed necessary to the Board of Appeals to indicate the complete physical characteristics of the area and the proposed construction and/or grading thereof. 5. A letter of review from the City Engineer noting whether the plan meets the state and federal wetland requirements for work within floodplains. b. The portion of any lot in this district may be used to meet lot area requirements for the residential districts over which the Floodplain Protection District is superimposed, provided that such portion does not constitute more than 50% of the minimum lot area required in the residential district. Land in the Floodplain Protection District may not be used to meet more than 15% of the minimum lot area requirements in Business, Commercial or Industrial Districts. c. Reference to other boards. Within 10 days after receipt of the application for a special permit as herein provided, the Board of Appeals shall transmit copies thereof, together with copies of the accompanying plan, to the Board of Health, Planning Board, Engineering Department and the Conservation Commission. Such Boards and Commissions may, at their discretion, investigate the application and report in writing their recommendations to the Board of Appeals. The Board of Appeals shall not take final action on such application until it has received a report thereon from the above Boards and Commissions, or until such Boards and Commissions allow 45 days to elapse after receipt of said application without submission of a report. d. Other jurisdictions. 1. If approval for filling the land must be obtained from the commonwealth or the United States government or any agency or subdivision thereof, or an order of conditions is necessary from the Marlborough Conservation Commission in accordance with MGL c. 131, § 40, then such approval and any conditions imposed thereon shall be filed with the Board of Appeals with the application. 2. If in the opinion of the Board of Appeals such application for approval by other jurisdictions is in sufficient detail and provides the necessary information to furnish the criteria for its decision, then the same application and plan may be used for filing with the Board of Appeals for approval under the Floodplain Protection District regulations. e. Criteria of approval. The Board of Appeals may issue a special permit hereunder, subject to other provisions of this Zoning Chapter, if it finds that the proposed construction and use and/or proposed change in grade will not derogate from the intent and purpose of this district nor endanger the health and safety of the public nor the legitimate use of other land in the City. In deciding on an application for a special permit under this section, but without limiting the generality of the foregoing, the Board shall assure to a degree consistent with a reasonable use of the premises for purposes permitted in the use district in which located that the proposed construction, use and/or change of grade will not obstruct or divert flood flow, reduce natural storage or increase stormwater runoff to the extent of raising high water levels on any other land to any significant degree; the proposed system of drainage and/or private sewage disposal will not cause siltation, pollution or otherwise endanger public health; Contiguous dry land access shall be provided from structures to a public street or land outside the Floodplain Protection District, and all structures must meet the requirements of the Massachusetts State Building Code dealing with construction in floodplains. f. Conditions of permit. In granting a special permit hereunder, the Board of Appeals shall impose conditions specifically designed to safeguard the health and safety of occupants of the premises and of other land in and adjacent to the district and to ensure conformity with the provisions thereof. It shall also be the duty of the Board of Appeals to ascertain that the requirements of the FEMA Flood Insurance Program have been met, in that: 1. Within Zones A and A1-A30 AE of the Flood Insurance Rate Maps of the City of Marlborough, all new construction and substantial improvements the cost of which equals or exceeds 50% of the market value of the structure of residential and nonresidential structures shall have the lowest floor, including basement, elevated as required by the state building code. 2. Within Zone A, where the base flood elevation is not provided on the FIRM, the City Engineer shall obtain and review any already existing base flood elevation data. If the data is reasonable, it shall be used to require compliance with Subsection J(4)(f)(1) above. 3. Where watertight floodproofing of a structure is permitted, a registered professional engineer or architect shall certify that the methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood. K. Prohibited Uses. The following uses are prohibited within the Floodplain Protection District: 1. The storage of buoyant, flammable, explosive or toxic material in a floodplain or wetland. 2. The dumping of waste, rubbish, demolition or hazardous materials in a floodplain or wetland area. 3. The addition, removal or transfer of such quantities of material, including earth, soil, trees, stumps or vegetation, that would reduce the water storage capacity of the floodplain or wetland, obstruct the flow of water in a floodway or otherwise adversely affect the natural hydrology of the area, except as may be a part of a plan for public flood control, municipal drainage or utility system or organized mosquito control district. 4. The digging or drilling of a well-intended as a source of domestic water, except for public water supply wells adequately sealed against the infiltration of surface water. 5. The construction of an on-site sewage disposal system in the floodplain area. L. Abrogation and Greater Restriction. The floodplain management regulations found in this Floodplain Protection District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes. M. Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable but does not imply total flood protection. N. Severability. If any section, provision or portion of this ordinance is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective. O. Definitions. For purposes of this Section only, the following definitions shall apply: DEVELOPMENT Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. FLOOD HAZARD BOUNDARY MAP (FHBM) An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. FLOODWAY The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. RECREATIONAL VEHICLE A vehicle which is: (a) Built on a single chassis. (b) 400 square feet or less when measured at the largest horizontal projection. (c) Designed to be self-propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGULATORY FLOODWAY - see FLOODWAY. SPECIAL FLOOD HAZARD AREA The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, STRUCTURE For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. VARIANCE A grant of relief by a community from the terms of a flood plain management regulation. VIOLATION The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3 is presumed to be in violation until such time as that documentation is provided. II. Effective Date. These amendments shall take effect upon passage. President Ossing declared the vote of 10 – 0..” (Motion: Robey)

Read it in the official minutes, page 5 (PDF)

Accept and file: Communication from the Mayor, re: Notification of Temporary Appointment pursuant to MGL Chapter 41 §61A of Erin Ragusa Caton as...

Minutes, page 12

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Oram, 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 Erin Ragusa Caton as Interim City Collector effective May 24, 2026, for a 60-day term to expire July 23, 2026, FILE; adopted. President Ossing declared the vote of 10 – 0.

From the minutes

“Motion by Councilor Oram, 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 Erin Ragusa Caton as Interim City Collector effective May 24, 2026, for a 60-day term to expire July 23, 2026, FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Oram)

Read it in the official minutes, page 12 (PDF)

Approve: Reappointment of David Bouvier to the License Board for a 6-year term to expire on June 7, 2032

Minutes, page 12

Confirm appointmentPassed · Unanimous, 10 present

Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of David Bouvier to the License Board for a 6-year term to expire on June 7, 2032, APPROVED; adopted. President Ossing declared the vote of 10 – 0.

From the minutes

“Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Reappointment of David Bouvier to the License Board for a 6-year term to expire on June 7, 2032, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Oram)

Read it in the official minutes, page 12 (PDF)

Accept and file: Communication from the Mayor, re: Reappointment of Kathleen Faddoul to the Council on Aging Board for a 4-year term to expire on...

Minutes, page 12

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Reappointment of Kathleen Faddoul to the Council on Aging Board for a 4-year term to expire on May 6, 2030, FILE; adopted. President Ossing declared the vote of 10 – 0.

From the minutes

“Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Reappointment of Kathleen Faddoul to the Council on Aging Board for a 4-year term to expire on May 6, 2030, FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Oram)

Read it in the official minutes, page 12 (PDF)

Approve: Job Description pursuant to Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” relative to the position of...

Minutes, page 12

Adopt orderPassed · Unanimous, 10 present

Motion by Councilor Irish, 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 Programming and Outreach Librarian, 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 Job Description pursuant to Chapter 125 “Personnel” §5 “Preparation of Classification Descriptions” relative to the position of Programming and Outreach Librarian, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

Read it in the official minutes, page 12 (PDF)

Moved to #25: Communication from Assistant City Solicitor, Jeremy McManus, re: Proposed Zoning Amendment to Chapter 650 “Zoning” to add a new...

Minutes, page 12

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor, Jeremy McManus, re: Proposed Zoning Amendment to Chapter 650 “Zoning” to add a new section to create the Forest Street Residential Overlay District (FSROD) and to amend the Zoning District Map to rezone certain parcels to the Forest Street Residential Overlay District (FSROD), in proper legal form, MOVED TO #25; 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 Assistant City Solicitor, Jeremy McManus, re: Proposed Zoning Amendment to Chapter 650 “Zoning” to add a new section to create the Forest Street Residential Overlay District (FSROD) and to amend the Zoning District Map to rezone certain parcels to the Forest Street Residential Overlay District (FSROD), in proper legal form, MOVED TO #25; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Robey)

Read it in the official minutes, page 12 (PDF)

Moved to #26: Communication from Assistant City Solicitor, Jeremy McManus, re: Application for Modification of Special Permit from Matthew...

Minutes, page 12

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor, Jeremy McManus, re: Application for Modification of Special Permit from Matthew Donnelly on behalf of Target, to amend condition #9 (signage requirements) to increase the wall signage from three (3) to four (4) for the Target located at 423 Donald J. Lynch Boulevard, in proper legal form, MOVED TO #26; 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 Assistant City Solicitor, Jeremy McManus, re: Application for Modification of Special Permit from Matthew Donnelly on behalf of Target, to amend condition #9 (signage requirements) to increase the wall signage from three (3) to four (4) for the Target located at 423 Donald J. Lynch Boulevard, in proper legal form, MOVED TO #26; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Robey)

Read it in the official minutes, page 12 (PDF)

Accept and file: Communication from City Clerk Steven Kerrigan, re: Early Voting Hours for State Primary to be held on Tuesday, September 1, 2026

Minutes, page 12

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from City Clerk Steven Kerrigan, re: Early Voting Hours for State Primary to be held on Tuesday, September 1, 2026, 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 City Clerk Steven Kerrigan, re: Early Voting Hours for State Primary to be held on Tuesday, September 1, 2026, FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Navin)

Read it in the official minutes, page 12 (PDF)

Refer to the City Engineer, Petition of Ma Electric and Verizon, to install one (1) Joint...: Set MONDAY AUGUST 17, 2026, as the DATE FOR PUBLIC...

Minutes, page 13

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY AUGUST 17, 2026, as the DATE FOR PUBLIC HEARING & REFER TO THE CITY ENGINEER, Petition of MA Electric and Verizon, to install one (1) Joint Owned Pole on Hildreth Street beginning at a point approximately 276’ West of the centerline of the intersection of Hildreth Street and Church Street and continuing approximately 14’ in a North direction. National Grid is proposing to install a new 45’ Midspan Pole class H1 on Hildreth Street, the pole to be labeled P8-50; 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 there being no objection thereto set MONDAY AUGUST 17, 2026, as the DATE FOR PUBLIC HEARING & REFER TO THE CITY ENGINEER, Petition of MA Electric and Verizon, to install one (1) Joint Owned Pole on Hildreth Street beginning at a point approximately 276’ West of the centerline of the intersection of Hildreth Street and Church Street and continuing approximately 14’ in a North direction. National Grid is proposing to install a new 45’ Midspan Pole class H1 on Hildreth Street, the pole to be labeled P8-50; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Fuccillo)

Read it in the official minutes, page 13 (PDF)

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That there being no objection thereto set MONDAY AUGUST 17, 2026, as the DATE FOR PUBLIC HEARING & REFER TO THE CITY ENGINEER, Petition of MA Electric and Verizon, to install one (1) Joint Owned Pole on Stevens Street beginning at a point approximately 192’ Northeast of the centerline of the intersection of Pembroke Street and Stevens Street and continuing approximately 13’ in a Northwest direction. National Grid is proposing to install a new 45’ Midspan Pole class H1 on Stevens Street, the pole to be labeled P52-50; 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 there being no objection thereto set MONDAY AUGUST 17, 2026, as the DATE FOR PUBLIC HEARING & REFER TO THE CITY ENGINEER, Petition of MA Electric and Verizon, to install one (1) Joint Owned Pole on Stevens Street beginning at a point approximately 192’ Northeast of the centerline of the intersection of Pembroke Street and Stevens Street and continuing approximately 13’ in a Northwest direction. National Grid is proposing to install a new 45’ Midspan Pole class H1 on Stevens Street, the pole to be labeled P52-50; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Fuccillo)

Read it in the official minutes, page 13 (PDF)

Approve: Under authority of MGL Chapter 101, §12A, the City Council hereby GRANTS FEMARA, Inc., for a three-day period, from August 13 through 16...

Minutes, page 13

Adopt orderPassed · Unanimous, 10 present

Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 101, §12A, the City Council hereby GRANTS FEMARA, Inc., for a three-day period, from August 13 through 16, 2026, inclusive, and consistent with the charitable purpose of FEMARA, Inc., a license to conduct under their control a temporary or transient business at their convention being held at the Best Western Royal Plaza Hotel & Trade Center in which transient vendors participating in such sale shall not be subject to the provisions of §§3 to 12 inclusive; 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: Under authority of MGL Chapter 101, §12A, the City Council hereby GRANTS FEMARA, Inc., for a three-day period, from August 13 through 16, 2026, inclusive, and consistent with the charitable purpose of FEMARA, Inc., a license to conduct under their control a temporary or transient business at their convention being held at the Best Western Royal Plaza Hotel & Trade Center in which transient vendors participating in such sale shall not be subject to the provisions of §§3 to 12 inclusive; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Navin)

Read it in the official minutes, page 13 (PDF)

Accept and file: Communication from Central MA Mosquito Control Project, re: Personnel will be in the community responding to residents’ concerns...

Minutes, page 13

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from Central MA Mosquito Control Project, re: Personnel will be in the community responding to residents’ concerns about mosquitoes on various dates in July 2026, FILE; adopted. President Ossing declared the vote of 10 – 0.

From the minutes

“Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Communication from Central MA Mosquito Control Project, re: Personnel will be in the community responding to residents’ concerns about mosquitoes on various dates in July 2026, FILE; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Oram)

Read it in the official minutes, page 13 (PDF)

Accept and file: Minutes of following Boards, Commissions and Committees

Minutes, page 13

ProceduralPassed · Unanimous, 10 present

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) Commission on Disabilities, May 4, 2026. b) Conservation Commission, May 21, 2026 & June 4, 2026. c) Library Trustees, May 5, 2026. d) Municipal Aggregation Committee, June 30, 2026. e) OPEB Trust, June 25, 2026. f) Planning Board, April 27, 2026, May 4, 2026 & May 18, 2026. g) Traffic Commission, May 27, 2026. 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) Commission on Disabilities, May 4, 2026. b) Conservation Commission, May 21, 2026 & June 4, 2026. c) Library Trustees, May 5, 2026. d) Municipal Aggregation Committee, June 30, 2026. e) OPEB Trust, June 25, 2026. f) Planning Board, April 27, 2026, May 4, 2026 & May 18, 2026. g) Traffic Commission, May 27, 2026. President Ossing declared the vote of 10 – 0..” (Motion: Doucette)

Read it in the official minutes, page 13 (PDF)

Refer to the Legal Department: Following CLAIMS

Minutes, page 14

ProceduralPassed · Unanimous, 10 present

Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Marlice Alves-Ferreira, 277 West Main Street, #37, other property damage and/or personal injury. 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 following CLAIMS, referred to the LEGAL DEPARTMENT; adopted. a) Marlice Alves-Ferreira, 277 West Main Street, #37, other property damage and/or personal injury. President Ossing declared the vote of 10 – 0..” (Motion: Doucette)

Read it in the official minutes, page 14 (PDF)

Suspend the rules

Minutes, page 15

ProceduralPassed · Unanimous, 10 present

Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0).

From the minutes

“Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0)..”

Read it in the official minutes, page 15 (PDF)

Approve: Appointment of Lynn Faust to the Zoning Board of Appeals as an Alternate member for a 2-year term from date of Council confirmation

Minutes, page 15

Confirm appointmentPassed · Unanimous, 10 present

Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Lynn Faust to the Zoning Board of Appeals as an Alternate member for a 2-year term from date of Council confirmation, APPROVED; adopted. President Ossing declared the vote of 10 – 0.

From the minutes

“Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Lynn Faust to the Zoning Board of Appeals as an Alternate member for a 2-year term from date of Council confirmation, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Oram)

Read it in the official minutes, page 15 (PDF)

Suspend the rules

Minutes, page 16

ProceduralPassed · Unanimous, 10 present

Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0).

From the minutes

“Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0)..”

Read it in the official minutes, page 16 (PDF)

Approve: Appointment of Erin Ragusa Caton as City Collector/Assistant Director of Finance for a 2-year term from date of Council confirmation, and...

Minutes, page 16

Confirm appointmentPassed · Unanimous, 10 present

Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Erin Ragusa Caton as City Collector/Assistant Director of Finance for a 2-year term from date of Council confirmation, and grant one additional week of vacation, APPROVED; adopted. President Ossing declared the vote of 10 – 0.

From the minutes

“Motion by Councilor Oram, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Erin Ragusa Caton as City Collector/Assistant Director of Finance for a 2-year term from date of Council confirmation, and grant one additional week of vacation, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Oram)

Read it in the official minutes, page 16 (PDF)

Suspend the rules

Minutes, page 16

ProceduralPassed · Unanimous, 10 present

Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0).

From the minutes

“Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0)..”

Read it in the official minutes, page 16 (PDF)

Proposed Salary Ordinance Amendment pursuant to Chapter 125 “Personnel” §6 “Salary Schedule” relative to the position of Recreation Coordinator...

Minutes, page 16

Adopt orderPassed · Unanimous, 10 present

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Proposed Salary Ordinance Amendment pursuant to Chapter 125 “Personnel” §6 “Salary Schedule” relative to the position of Recreation Coordinator, ordered ADVERTISED; adopted. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: RECREATION COORDINATOR (35 hours per week) STEP HOURLY DAILY PERIOD ANNUAL RATE RATE SALARY SALARY 0 $34.6563 $242.5936 $2,425.94 $63,074.33 1 $36.0414 $252.2900 $2,522.90 $65,595.41 2 $37.4837 $262.3858 $2,623.86 $68,220.30 3 $38.9830 $272.8805 $2,728.81 $70,948.93 II. The effective date for the above salary schedule shall be July 1, 2026. III. This ordinance shall supersede and replace any existing rate for said position(s) (if applicable) in the current salary schedule. 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 Proposed Salary Ordinance Amendment pursuant to Chapter 125 “Personnel” §6 “Salary Schedule” relative to the position of Recreation Coordinator, ordered ADVERTISED; adopted. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: RECREATION COORDINATOR (35 hours per week) STEP HOURLY DAILY PERIOD ANNUAL RATE RATE SALARY SALARY 0 $34.6563 $242.5936 $2,425.94 $63,074.33 1 $36.0414 $252.2900 $2,522.90 $65,595.41 2 $37.4837 $262.3858 $2,623.86 $68,220.30 3 $38.9830 $272.8805 $2,728.81 $70,948.93 II. The effective date for the above salary schedule shall be July 1, 2026. III. This ordinance shall supersede and replace any existing rate for said position(s) (if applicable) in the current salary schedule. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

Read it in the official minutes, page 16 (PDF)

Suspend the rules

Minutes, page 17

ProceduralPassed · Unanimous, 10 present

Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0).

From the minutes

“Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0)..”

Read it in the official minutes, page 17 (PDF)

Approve the K-5 Elementary School Project Bond

Minutes, page 17

Adopt orderPassed · Unanimous, 10 present

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: K-5 ELEMENTARY SCHOOL PROJECT BOND That the City of Marlborough (the “City”) appropriate the amount of one hundred sixty- million, five hundred forty-four thousand, ninety one dollars ($160,544,091.00) for the purpose of paying costs of a new K-5 elementary school for approximately nine hundred fifty (950) students to be built adjacent to the existing Raymond C. Richer Elementary School on the property at 80 Foley Road, Marlborough, MA 01752 and the demolition of said existing school, including the payment of all costs incidental or related thereto (the “Project”), which school facility shall have an anticipated useful life as an educational facility for the instruction of school children for at least fifty (50) years, and for which the City may be eligible for a grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended under the direction of the School Building Committee. To meet this appropriation the Comptroller/Treasurer, with the approval of the Mayor, is authorized to borrow said amount under MGL Chapter 44, or pursuant to any other enabling authority. The City acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approval by and received from the MSBA shall be the sole responsibility of the City; provided further that...

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: K-5 ELEMENTARY SCHOOL PROJECT BOND That the City of Marlborough (the “City”) appropriate the amount of one hundred sixty- million, five hundred forty-four thousand, ninety one dollars ($160,544,091.00) for the purpose of paying costs of a new K-5 elementary school for approximately nine hundred fifty (950) students to be built adjacent to the existing Raymond C. Richer Elementary School on the property at 80 Foley Road, Marlborough, MA 01752 and the demolition of said existing school, including the payment of all costs incidental or related thereto (the “Project”), which school facility shall have an anticipated useful life as an educational facility for the instruction of school children for at least fifty (50) years, and for which the City may be eligible for a grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended under the direction of the School Building Committee. To meet this appropriation the Comptroller/Treasurer, with the approval of the Mayor, is authorized to borrow said amount under MGL Chapter 44, or pursuant to any other enabling authority. The City acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approval by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive from the MSBA for the Project shall not exceed the lessor of (1) seventy-eight and eight-tenths percent (78.8%) of eligible, approved projects costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City and the MSBA. Any premium received by the City upon the sale of bonds or notes approved by this vote, less any such premium applied to the payment of costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the Massachusetts General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. APPROVED. Yea: 10 – Nay: 0 – Absent: 1 Yea: Vital, Doucette, Preciado, Gould, Irish, Fuccillo, Navin, Oram, Ossing, & Robey. Absent: Sargent..” (Motion: Irish)

Read it in the official minutes, page 17 (PDF)

Suspend the rules

Minutes, page 17

ProceduralPassed · Unanimous, 10 present

Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0).

From the minutes

“Suspension of the Rules requested – granted. (President Ossing declared the vote of 10-0)..”

Read it in the official minutes, page 17 (PDF)

Approve the Stormwater Project Bond ($6,300,000.00)

Minutes, page 17

Adopt orderPassed · Unanimous, 10 present

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: STORMWATER PROJECT BOND That the sum of $6,300,000.00 (six million, three hundred thousand dollars) be and is hereby appropriated for the design, construction and improvement of stormwater drainage and related municipal infrastructure. That to meet said appropriations, the Comptroller/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $6,300,000.00 under and pursuant to the provisions of Chapter 44, Section 7(1) and/or Section 8(14) of the Massachusetts General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City of Marlborough (the “City”) therefor; that the Comptroller/Treasurer, with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Clean Water Trust (the “Trust”) established under Chapter 29C of the Massachusetts General Laws, and in connection therewith to enter into a financing agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; that the Mayor is authorized to contract for any expended grants, aid, or gifts available for this project; and that the Mayor is authorized to take any action necessary or convenient to carry out this project. Any...

The roll call reads “Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing, & Robey. Absent: Sargent.” Teona C. Brown left the council in January 2026 (Heather M. Gould holds the Ward 4 seat); Gould is on the attendance line, she is listed in the same place in the roll call just before this one that night, and the 10 – 0 count equals the ten councilors present. MassVoter reads “Brown” as Heather M. Gould (an apparent copying error) and will ask the City Clerk to confirm.

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: STORMWATER PROJECT BOND That the sum of $6,300,000.00 (six million, three hundred thousand dollars) be and is hereby appropriated for the design, construction and improvement of stormwater drainage and related municipal infrastructure. That to meet said appropriations, the Comptroller/Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of $6,300,000.00 under and pursuant to the provisions of Chapter 44, Section 7(1) and/or Section 8(14) of the Massachusetts General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City of Marlborough (the “City”) therefor; that the Comptroller/Treasurer, with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Clean Water Trust (the “Trust”) established under Chapter 29C of the Massachusetts General Laws, and in connection therewith to enter into a financing agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; that the Mayor is authorized to contract for any expended grants, aid, or gifts available for this project; and that the Mayor is authorized to take any action necessary or convenient to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the Massachusetts General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. APPROVED. Yea: 10 – Nay: 0 – Absent: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Navin, Oram, Ossing, & Robey. Absent: Sargent..” (Motion: Irish)

Read it in the official minutes, page 17 (PDF)

Ordinance amending Chapter 125 “Personnel”

Minutes, page 18

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Start 6 months 1 year 2 years 3 years 4 years 5 years of service of service of service of service of service of service City Collector/Assistant $106,204.00 $108,388.00 $110,572.00 $112,756.00 $114,940.00 $117,124.00 $119,288.00 Finance Director City Collector $93,953.00 $95,825.00 $97,718.00 $99,632.00 $101,504.00 $103,396.00 $105,268.00 Recreation Director $106,204.00 $108,388.00 $110,572.00 $112,756.00 $114,940.00 $117,124.00 119,288.00 Assistant Recreation $84,968.00 $86,694.00 $88,462.00 $90,188.00 $91,956.00 $93,683.00 $95,451.00 Director II. The above positions shall be 40 hours per week. III. The effective date of this salary ordinance shall be August 1, 2026. IV. This ordinance shall supersede and replace any existing rate for said position(s) (if applicable) in the current salary schedule. V. The incumbent position holder for the position of Recreation Director shall start at step 4 on the effective date of this salary ordinance and shall advance to each subsequent step on each annual anniversary of the effective date of this salary ordinance (i.e....

The minutes record the result only (“adopted”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 125, ENTITLED “PERSONNEL,” AS FOLLOWS: I. By adding to the salary schedule referenced in Section 125-6, the following: Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Start 6 months 1 year 2 years 3 years 4 years 5 years of service of service of service of service of service of service City Collector/Assistant $106,204.00 $108,388.00 $110,572.00 $112,756.00 $114,940.00 $117,124.00 $119,288.00 Finance Director City Collector $93,953.00 $95,825.00 $97,718.00 $99,632.00 $101,504.00 $103,396.00 $105,268.00 Recreation Director $106,204.00 $108,388.00 $110,572.00 $112,756.00 $114,940.00 $117,124.00 119,288.00 Assistant Recreation $84,968.00 $86,694.00 $88,462.00 $90,188.00 $91,956.00 $93,683.00 $95,451.00 Director II. The above positions shall be 40 hours per week. III. The effective date of this salary ordinance shall be August 1, 2026. IV. This ordinance shall supersede and replace any existing rate for said position(s) (if applicable) in the current salary schedule. V. The incumbent position holder for the position of Recreation Director shall start at step 4 on the effective date of this salary ordinance and shall advance to each subsequent step on each annual anniversary of the effective date of this salary ordinance (i.e., Step 5: one year after effective date; Step 6: two years after effective date, etc.). APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening..” (Motion: Irish)

Read it in the official minutes, page 18 (PDF)

Zoning ordinance amendment (MGL Chapter 40A §5): amend the zoning map and zoning ordinance of the city of marlborough, as amended, now...

Minutes, page 19

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Robey, 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 MAP AND ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, NOW ORDAINS THAT THE ZONING MAP AND 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 650-39.4, entitled “Forest Street Residential Overlay District”, which shall read as follows: FOREST STREET RESIDENTIAL OVERLAY DISTRICT A. Purpose and objectives. The Forest Street Residential Overlay District (FSROD) allows the application of supplemental land use controls within the boundaries of a certain overlay district, subject to City Council approval, as an alternative to land use controls that exist in the underlying district. The establishment goals of the FSROD are to enhance land use development and encourage desired growth patterns for the benefit of the public health, safety, and welfare by promoting integrated, pedestrian friendly, residential and mixed-use development to allow for the development of housing, retail and workplaces within close proximity of each other consistent with the stated economic development and smart growth objectives of the City. B. Location of FSROD; development phasing. (1) For the...

The minutes record the result only (“adopted”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: THAT, 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 MAP AND ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, NOW ORDAINS THAT THE ZONING MAP AND 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 650-39.4, entitled “Forest Street Residential Overlay District”, which shall read as follows: FOREST STREET RESIDENTIAL OVERLAY DISTRICT A. Purpose and objectives. The Forest Street Residential Overlay District (FSROD) allows the application of supplemental land use controls within the boundaries of a certain overlay district, subject to City Council approval, as an alternative to land use controls that exist in the underlying district. The establishment goals of the FSROD are to enhance land use development and encourage desired growth patterns for the benefit of the public health, safety, and welfare by promoting integrated, pedestrian friendly, residential and mixed-use development to allow for the development of housing, retail and workplaces within close proximity of each other consistent with the stated economic development and smart growth objectives of the City. B. Location of FSROD; development phasing. (1) For the purposes of this section (§650-39.4, et seq.), the FSROD is comprised of parcels identified on the City’s Assessors Map as Parcels: 90-8; 91-124 and 102-1 containing approximately 30.96 +/- acres as indicated on the City Zoning Map and more particularly described and shown on Exhibit A annexed hereto and incorporated by reference herein. (2) Within the FSROD, there may be one or more phases of development. An applicant may submit a site plan and/or special permit application for the entire project (the “FSRO Project”) or for one or more phases of the project (each, a “FSRO Phase”). The FSRO Project or a FSRO Phase may consist of one or more parcels of land and may include any eligible use set forth in Subsection D below, which may be commingled within a single structure or located in separate structures on one or more parcels. The FSRO Project, or alternatively each and every FSRO Phase, is required to include a residential component, specifically, multifamily dwelling as set forth in Subsection D(2)(a) below. The applicant may also include in a FSRO Project or any FSRO phase other non-residential eligible uses. Parcels within the FSROD may be combined or subdivided and held under separate ownership or leaseholds. The FSRO Project or a FSRO Phase shall be subject to site plan approval. (3) Upon the issuance of site plan and/or special permit approval for the FSRO Project or a FSRO Phase on a parcel or parcels in the FSROD, this section (§650-39.4, et seq.) shall govern said parcel as developed in accordance with the site plan approval. (4) Except as specifically provided herein, the provisions of the Zoning Ordinance relating to the underlying zoning districts not otherwise impacted by this section (§650-39.4, et seq.) shall continue to remain in full force and effect. In the event of any conflict between the provisions of this section (§650-39.4, et seq.) and any other provision of the Zoning Ordinance, the provisions of this section (§650-39.4, et seq.) shall govern and control. (5) No demolition permit shall be issued for any structure located within the FSROD unless and until a special permit or site plan approval, as applicable for a FSRO Project or FSRO Phase, has been granted by the City Council. C. Authority of permit granting authority. (1) The City Council shall be the permit granting authority for special permits and site plan approvals in the FSROD. Special permits shall require a two-thirds-vote of the City Council, except when only a simple majority vote is required pursuant to MGL c. 40A, §9; site plan approvals shall require a simple majority vote. (2) At the request of an applicant as part of an initial application or as part of a modification pursuant to Subsection H, the City Council may vary the dimensional, location and number of parking spaces, design, and landscaping requirements upon finding that such change shall result in an improved design and will not nullify or substantially derogate from the intent or purpose of this section (§650-39.4, et seq.). (3) An application for site plan approval for a FSRO Project or FSRO Phase shall comply with Chapter 270 (Building and Site Development) of the Marlborough City Code. An application for a special permit for a use in the FSROD shall comply with the requirements of §650-59 (Powers and procedures of special-permit-granting authorities) of the Zoning Ordinance. D. Eligible uses. (1) The following uses are permitted by right in the FSROD: (a) Uses allowed by right in the underlying zoning district, as set forth in the Table of Use Regulations, including but not limited to offices, banks, insurance and financial institutions, and brew pubs. (b) Accessory uses, as defined in §650-5B of the Zoning Ordinance, including but not limited to above ground and underground parking garages on the same lot as the principal use, community amenities (business center, indoor/outdoor recreational uses, fitness studio, or the like). (2) The following additional uses are permitted by special permit in the FSROD: (a) Multifamily dwellings, provided that the total number of units within the entire FSROD shall not exceed 450. (b) Restaurant, cafe with or without table service (including outside seating and service) without drive-through. (c) Restaurant, cafe with or without table service (including outside seating and service) with drive-through, provided that said facilities have no dedicated driveway with a curb cut on a public way. (d) Health, sports and fitness clubs (indoor and/or outdoor) and related facilities. (e) Retail sales and services. (f) Distilleries with attached restaurants. (g) Accessory solar energy installations, including but not limited to rooftop systems and solar parking canopies. (h) Uses allowed by special permit in the underlying zoning district. (i) Mixed-use development, consisting of a combination of residential/business uses allowed by right or by special permit, as listed in this section (§ 650-39.4, et seq.). (3) All uses not specified in Subsection D(1) and (2) above shall be deemed prohibited in the FSROD. (4) Once a FSRO Project or FSRO Phase receives site plan and/or special permit approval: (a An individual as-of-right use within the FSRO Project or FSRO Phase may be changed without further site plan approval, unless such change would otherwise require site plan approval under §270-2 (Site Plan Review and Approval) of the Marlborough City Code or a modification to a site plan approval under Subsection H(3); and (b An individual use already granted a special permit within the FSRO Project or FSRO Phase may be changed upon the grant of a new or modified special permit, as appropriate, for that changed use, and will be subject to site plan approval; provided, however, that if the change is to an as-of-right use in the FSROD, no further site plan approval is required unless such change would otherwise require site plan approval under § 270-2 (Site Plan Review and Approval) of the Marlborough City Code or a modification to a site plan approval under Subsection H(3). (c) The special permit shall lapse if a substantial use thereof has not commenced within three years except for good cause or, in the case of permit for construction, if construction has not begun within three years except for good cause. (d) The site plan approval shall lapse in accordance with the provisions of § 270- 2(E)(8) of the Marlborough City Code. (e) Subject to the provisions of Subsection C(4)(c) above, the applicant shall apply for the first building permit for vertical construction within three (3) years of the date of issuance of the special permit and/or within two (2) years of the date of issuance of the site plan approval for the FSRO Project or FSRO Phase. If within six (6) years from the date of the issuance of a special permit and/or site plan approval for the FSRO Project or FSRO Phase, which shall not include such time required to pursue or await the determination of an appeal pursuant to M.G.L. Chapter 40A, §17, the special permit and/or site plan approval has not lapsed and the applicant has not applied for all building permits necessary for the construction of the FSRO Project or FSRO Phase approved by the special permit and/or site plan approval, then further construction under the special permit and/or site plan approval is not authorized unless the applicant seeks and receives an amendment to the special permit and/or site plan approval that extends the time for performance. (5) Multifamily dwellings in the FSROD shall be subject to §650-26 (Affordable Housing) of the Zoning Ordinance. E. Dimensional requirements. (1) Notwithstanding any provisions of the Zoning Ordinance to the contrary, development in the FSROD shall be subject to the following dimensional standards: (a) Minimum lot area: None. (b) Minimum lot frontage: 50 feet. (c) Minimum front yard setback: 50 feet from a public way only. (d) Minimum side and rear yard setback: 50 feet from a public way only. (e) Maximum building height: 60 feet, exclusive of rooftop mechanicals. No limitation on stories. (f) Maximum lot coverage: 60%, over the entire FSROD on an aggregate basis and not based upon individual lots. (2) Notwithstanding anything contained in this section (§650-39.4, et seq.) to the contrary, there shall be no front, side or rear yard setback requirements as to internal lot lines within the FSROD. (3) Notwithstanding anything contained in this section (§650-39.4, et seq.) to the contrary, the limitation on height of buildings shall not apply to building mechanicals, chimneys, ventilators or other ornamental or screening features of buildings, which features are in no way used for living purposes. (4) Internal lot lines may be established pursuant to a subdivision plan filed in accordance with Massachusetts General laws Chapter 41; Section 81K et seq. Lot lines may be altered from time to time in accordance with the procedures of Section 81P of Chapter 41 of the Massachusetts General Laws for so-called “Approval Not Required Plans”, and/or applicable provisions of Section 81K-81GG of Chapter 41 of the Massachusetts General Laws for any subdivision within the FSROD. Any single lot within the FSROD may be deficient with one or more of the dimensional requirements contained herein so long as all of the lots within the FSROD taken in the aggregate comply with the standards contained herein. (5) For purposes of lots within the FSROD, Frontage may be derived from a public or private way or on a way shown on a plan previously approved under the Subdivision Control Law, as more particularly set forth in §650-40.F(1) of the Zoning Ordinance or along an access easement which shall consist of a paved way that allows vehicular access connecting to a public right of way or a way shown on a plan previously approved under the Subdivision Control Law. F. Parking requirements. Except as otherwise provided in this section (§650-39.4, et seq.), parking and circulation requirements in the FSROD shall conform to the provisions of §§ 650-48 and 650-49 of the Zoning Ordinance. (1) In the FSROD, adequate off-street parking shall be provided. The City Council and the applicant shall have as a goal, for the purposes of defining adequate off-street parking, making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. In implementing this goal, for special permit and/or site plan applications, the City Council shall consider complementary or shared use of parking areas serving activities that have different peak demand times. It is the applicant’s responsibility to demonstrate that shared spaces will meet parking demands by using accepted methodologies. (2) Parking locations. Parking may be provided at ground level, underground, or in parking garages. Parking garages may be freestanding or part of buildings dedicated to other permitted uses. Parking garages may contain accessory solar energy installation. (3) Minimum required parking spaces. (a) Residential:1.5 parking spaces per dwelling unit. (b) Commercial. 3.0 parking spaces per 1,000 square feet of space. (c) Restaurants, cafes and other eating establishments. 1.0 parking space for every 3 seats. (4) Parking space dimensions. Each parking space shall be no less than nine feet by 18 feet, except that the use of compact spaces (no smaller than eight feet by 16 feet) may be utilized throughout provided that no more than 33% of the total parking spaces within a FSRO Project or FSRO Phase shall be compact spaces. Compact spaces shall be grouped together in designated area(s) and shall not be dispersed or intermingled among standard parking spaces throughout the parking areas. G. Design standards. (1) Design criteria. An application for site plan approval under this section (§ 650-39.4, et seq.) shall adhere to the criteria specified in §270-2 (Site Plan Review and Approval) of the Marlborough City Code. (2) Roadways. To the extent feasible, internal roadways shall be constructed using the methods and materials prescribed in the Rules and Regulations for the Subdivision of Land in the City but shall not be required to conform to the subdivision standards or dimensional requirements thereof, provided that those roadways shall be adequate for the intended vehicular and pedestrian traffic. The design of ways and parking circulation should be as efficient as possible to reduce the overall development impact and area of impervious surfaces. (3) Landscaping. Landscaping in the FSROD shall conform to the provisions of §650-47 (Landscaping and screening) of the Zoning Ordinance. (4) Stormwater management system. A FSRO Project or FSRO Phase shall have a stormwater management system designed in accordance with the Rules and Regulations for the Subdivision of Land in the City, the Department of Environmental Protection's Storm Water Management Guidelines, and the City's Stormwater Ordinance, Chapter 271 (Stormwater Management) of the Marlborough City Code. (5) Signage. Except as otherwise provided in this Section (§650-39.4, et seq.), signage shall conform to the provisions of Chapter 526 (Signs) of the Marlborough City Code. H. 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 two- thirds-vote of the City Council (unless otherwise permitted by applicable law), 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 a minor modification. In general, a minor modification shall not produce 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 or greater variation from the applicable approval; provided, however, that said modification would not result in a violation of any provision of this section (§650-39.4, et seq.). If it is determined that a modification to a special permit is not minor, per § 650-59 (Powers and procedures of special-permit-granting authorities) 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 modifications to a site plan approval may be granted by a simple majority vote of the City Council, and minor modifications to a site plan approval may be granted by the Building Commissioner. The Building Commissioner shall have jurisdiction to determine whether a requested modification to a site plan approval is major or a minor modification. In general, a minor modification shall not produce 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 site plan approval 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 or greater variation from the applicable approval; provided, however, that said modification would not result in a violation of any provision of this section (§650-39.4, et seq.). If it is determined that a modification to a site plan approval is not minor, an application for a revised site plan approval shall be filed in accordance with the City Council's Rules for site plan approval. II. The City Clerk is authorized to assign other numbering for the new section 650-39.4 as deemed appropriate for sequential ordering in the Zoning Ordinance III. The effective date of these amendments shall be the date of their passage. APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening..” (Motion: Robey)

Read it in the official minutes, page 19 (PDF)

Grant special permit decision: a Special Permit to Target Corporation (423 Donald J. Lynch Boulevard)

Minutes, page 25

Adopt orderPassed · 9–1

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL DECISION ON A SPECIAL PERMIT ORDER NO. 26-1009747C Application of: Target Corporation Locus: 423 Donald J. Lynch Boulevard Marlborough, MA 01752 Assessors Map 25, Parcel 4 DECISION ON AN AMENDMENT TO A SPECIAL PERMIT ORDER NO. 26-1009747C The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Target Corporation (the “Applicant”) to amend an existing special permit to construct and operate a retail store, shop, service establishment and restaurant with accessory uses and attendant parking, access ways and related improvements and to reconfigure landscaping, at 423 Donald J. Lynch Boulevard, as provided in this Decision and subject to the following Findings of Fact and Conditions. PROCEDURAL FINDINGS OF FACT 1. The Applicant is a duly organized and existing corporation having a business address of 1000 Nicollet Mall, TPN-1380, Minneapolis, MN 55403. 2. The Applicant is the owner of a commercial retail unit located at 423 Donald J. Lynch Boulevard, Marlborough, Massachusetts as shown on Marlborough Assessors Map 25 as Parcel 4 (the “Site”). 3. On May 6, 2002, the City Council of the City of Marlborough voted to grant a special permit authorizing New England Development, of which the Applicant is the successor in interest, to construct and operate a retail store, shop, service establishment and restaurant with accessory uses and...

Yes: Doucette, Fuccillo, Gould, Irish, Navin, Oram, Ossing, Robey, VitalNo: Preciado

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL DECISION ON A SPECIAL PERMIT ORDER NO. 26-1009747C Application of: Target Corporation Locus: 423 Donald J. Lynch Boulevard Marlborough, MA 01752 Assessors Map 25, Parcel 4 DECISION ON AN AMENDMENT TO A SPECIAL PERMIT ORDER NO. 26-1009747C The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Target Corporation (the “Applicant”) to amend an existing special permit to construct and operate a retail store, shop, service establishment and restaurant with accessory uses and attendant parking, access ways and related improvements and to reconfigure landscaping, at 423 Donald J. Lynch Boulevard, as provided in this Decision and subject to the following Findings of Fact and Conditions. PROCEDURAL FINDINGS OF FACT 1. The Applicant is a duly organized and existing corporation having a business address of 1000 Nicollet Mall, TPN-1380, Minneapolis, MN 55403. 2. The Applicant is the owner of a commercial retail unit located at 423 Donald J. Lynch Boulevard, Marlborough, Massachusetts as shown on Marlborough Assessors Map 25 as Parcel 4 (the “Site”). 3. On May 6, 2002, the City Council of the City of Marlborough voted to grant a special permit authorizing New England Development, of which the Applicant is the successor in interest, to construct and operate a retail store, shop, service establishment and restaurant with accessory uses and attendant parking, access ways and related improvements and to reconfigure landscaping at the Site (the “Use”) pursuant to the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), as further described in a document recorded at the Middlesex South District Registry of Deeds in Book 35631, Page 263 (the “Original Special Permit”). 4. On April 30, 2026, the Applicant filed with the City Clerk of the City of Marlborough an application to modify Condition No. 9 of the Original Special Permit to increase the wall signage of the Use from three (3) signs to four (4) signs, under the provisions of M.G.L. c. 40A, § 9 and the Marlborough Zoning Ordinance (the “Application”). 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and a site plan for the Site entitled “T-1516 Marlborough, MA: Remodel – Exterior Design” by Sargenti dated May 10, 2025 (the “Plans”). 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. 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 advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 8. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, June 8, 2026. The hearing was closed on that date. 9. The Applicant, through its representatives, presented testimony at the public hearing detailing the change in the Use, describing its impact upon municipal services, the neighborhood, and traffic. 10. At the public hearing, no members of the public spoke about the Use or submitted written comments about the Use. 11. The Procedural Findings of Fact specified above supplement those made in the Original Special Permit, which are expressly incorporated in this Decision by reference. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with the Rules and Regulations promulgated by the Marlborough City Council for the issuance of a Special Permit. B. The City Council finds that the Use of the Site with an increase in wall signage from three (3) signs to four (4) signs 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. C. The City Council, pursuant to its authority under Massachusetts General Laws Chapter 40A and the Zoning Ordinance of the City of Marlborough hereby GRANTS the Applicant an amendment to modify Condition No. 9 of the Original Special Permit, as follows: 1. By amending Condition No. 9, Subsection A, to read as follows: 9(A). Wall Signage – Two signs located over store entrances, one pharmacy sign, and one sign to read “drive-up”, all to be located as depicted on the Plans. All other conditions of the Original Special Permit shall continue in full force and effect, and are incorporated by reference as part of this Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, § 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex County 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 – Absent: 1 Yea: Vital, Doucette, Gould, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Nay: Preciado. Absent: Sargent..” (Motion: Robey)

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

Go into executive session to consider the purchase, exchange, lease or value of real property

Minutes, page 27

ProceduralPassed · Unanimous, 10 present

ORDERED: That the Marlborough City Council meet in executive session under Purpose 6 of the Open Meeting Law, MGL Chapter 30A, §21(a)(6), to “consider the purchase, exchange, lease or value of real property”, as the chair hereby declares that discussion in an open session may have a detrimental effect on the City and the City Council’s negotiating position. The City Council will not re-convene in open session after the Executive Session. APPROVED; adopted. Yea: 10 – Nay: 0 – Absent: 1 Yea: Vital, Doucette, Preciado, Gould, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Absent: Sargent.

From the minutes

“ORDERED: That the Marlborough City Council meet in executive session under Purpose 6 of the Open Meeting Law, MGL Chapter 30A, §21(a)(6), to “consider the purchase, exchange, lease or value of real property”, as the chair hereby declares that discussion in an open session may have a detrimental effect on the City and the City Council’s negotiating position. The City Council will not re-convene in open session after the Executive Session. APPROVED; adopted. Yea: 10 – Nay: 0 – Absent: 1 Yea: Vital, Doucette, Preciado, Gould, Irish, Fuccillo, Navin, Oram, Ossing & Robey. Absent: Sargent..”

Read it in the official minutes, page 27 (PDF)

From the Marlborough City Council’s official minutes, posted by the City Clerk in the city’s Agenda Center (City Council). We check every vote against the councilors present and quote the exact wording. MassVoter never grades or scores officials. Councilor photos: Marlborough Patch candidate profiles (photos courtesy of the candidates; cropped by MassVoter). Trey Fuccillo: The Berkeley Beacon (Ashlyn Wang). The city website has no councilor photos. Heather Gould and former councilors show initials.

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