September 14, 2026

“Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Petition of Comcast, to install new underground conduit system on Donald Lynch Boulevard, to provide Comcast service on Donald Lynch Boulevard, APPROVED WITH THE FOLLOWING CONDITIONS; adopted. 1. The work shall be done per the plans dated August 3, 2026 (8/7/26 revised per City of Marlborough Engineering Department comments). 2. Any necessary easements are to be obtained from affected property owners. 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)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $13,950.00 from the Massachusetts Emergency Management Agency (MEMA) awarded to the City of Marlborough to be used for the purchase of necessary supplies and shelter equipment and work at Whitcomb School; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That no more than one hundred eighty-two thousand six hundred seventy-two dollars and thirty-five cents ($182,672.35) shall be expended from the Public Safety Revolving Fund during Fiscal Year 2027, unless otherwise authorized by City Council and Mayor, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

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

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Mayor is authorized to enter into an agreement to acquire any necessary interests in the real property known as 40 Locke Drive, Marlborough, MA, for municipal purposes including a new fire station, by a “friendly” eminent domain taking, for a sum of $4,050,000.00 (four million fifty thousand dollars), subject to the terms and conditions of the agreement and any applicable laws, and the following conditions: (i) Completion of any required due diligence and a favorable vote of the City Council authorizing the acquisition of the property, as referenced in the agreement. In furtherance thereof, the City Council by a 2/3 vote of all its members, hereby authorizes an appropriation of $5,092,666.00 (five million ninety-two thousand six hundred and sixty- six dollars) to provide funding for the acquisition of real property for a new west side fire station including any and all damages, services, and costs relating thereto, and any design or construction costs associated with a new west side fire station, and to meet said appropriation by reappropriating $5,092,666.00 (five million ninety-two thousand six hundred sixty-six dollars) currently in Land Acquisition (Account # 19300006-58120) to be available for all such purposes. APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Irish)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: THAT, PURSUANT TO SECTION 5 OF CHAPTER 40A OF THE GENERAL LAWS, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT CHAPTER 650 OF THE CODE OF THE CITY OF MARLBOROUGH, AS MOST RECENTLY AMENDED, BE FURTHER AMENDED AS FOLLOWS: 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. APPROVED. First Reading, suspended; Second Reading, adopted; Passage to Enroll, adopted; Passage to Ordain; adopted. No objection to passage in one evening. President Ossing declared the votes to be 10 – 0..” (Motion: Robey)

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“Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Application for Junk Dealer/Secondhand Dealer License by Paulo Dumont d/b/a/ Amagold Financial LLC, 257 Simarano Drive, Suite 150, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Fuccillo)

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“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 a permanent member for a 3-year term to expire from date of Council confirmation, APPROVED; adopted. President Ossing declared the vote of 10 – 0..” (Motion: Oram)

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