Mark A. Vital

“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)

“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)

“Motion by Councilor Vital, seconded by the Chair to adopt the following: RESOLUTION IN SUPPORT OF A NICOTINE-FREE GENERATION POLICY WHEREAS, the City of Marlborough recognizes that nicotine addiction remains one of the leading preventable causes of illness, disease, and premature death in the United States; and WHEREAS, the use of cigarettes, cigars, smokeless tobacco, vaping products, nicotine pouches, and other nicotine delivery systems has contributed to increased rates of cancer, heart disease, respiratory illness, substance dependency, and youth addiction; and WHEREAS, the City acknowledges the growing public health concerns associated with youth vaping and nicotine use, particularly among adolescents and young adults; and WHEREAS, nicotine products are intentionally designed to create dependency and addiction, often beginning before adulthood; and WHEREAS, communities across the nation are exploring innovative public health strategies to prevent future generations from becoming addicted to nicotine products; and WHEREAS, the City of Marlborough desires to promote healthier lifestyles, reduce long-term healthcare costs, improve public wellness, and protect future generations from nicotine addiction; NOW, THEREFORE, BE IT RESOLVED that the City Council of Marlborough supports the creation of a phased “Nicotine-Free Generation” policy designed to gradually eliminate the legal sale of nicotine and tobacco products to future generations of residents. BE IT FURTHER RESOLVED: 1. That any individual born on or after January 1, 2010, shall permanently be prohibited from purchasing nicotine or tobacco products within the City of Marlborough once enabling ordinances and regulations are adopted. 2. That this policy shall apply to all nicotine-containing products, including but not limited to: o Cigarettes o Cigars o Vape products and electronic nicotine delivery systems o Smokeless tobacco o Nicotine pouches and synthetic nicotine products 3. That the City shall implement the policy gradually in order to: o Educate residents and retailers o Provide smoking cessation resources o Reduce youth nicotine addiction o Support public health initiatives 4. That the City encourages partnerships with local schools, healthcare providers, addiction recovery organizations, and community groups to educate residents about the dangers of nicotine addiction and to promote prevention and recovery services. 5. That the City supports the expansion of smoking cessation programs, counseling services, and recovery support opportunities for residents seeking to overcome nicotine addiction. 6. That the City Clerk shall forward copies of this Resolution to the Massachusetts Department of Public Health, local legislative representatives, the Marlborough Board of Health, and other appropriate agencies for review and consideration. BE IT FURTHER RESOLVED That this Resolution represents the City’s commitment to safeguarding the health and wellbeing of future generations and creating a healthier future for the youth of Marlborough. DENIED; adopted. President Ossing declared the vote of 4 in favor – 6 opposed..” (Motion: Vital)

Read it in the official minutes, page 10 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the City Council for the City of Marlborough hereby accepts from 57 Main Street Owner LLC, a Massachusetts limited liability company, having an address of c/o The Procopio Companies, 35 Village Road, Suite 702, Middleton, Massachusetts (the “Grantor”), a permanent right-of-way and sidewalk easement on a certain portion of the Grantor’s land located at 57 Main Street, Marlborough, Massachusetts, in substantially the form attached hereto in the Grant of Easement. DESCRIPTION The “Easement Area” is shown as “R.O.W. EASEMENT” on a plan entitled “Easement Plan of Land at 57 Main Street Marlborough, MA,” dated October 15, 2024, with a last revision date of April 17, 2025, prepared by Bruce Saluk & Associates, Inc. APPROVED; adopted. President Ossing declared the vote of 8 – 0 – 1. Councilor Preciado Recused..” (Motion: Robey)

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

“Motion by Councilor Fuccillo, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Gerald Dumais, d/b/a Dumais & Sons Secondhand Store, 65 Mechanic Street, APPROVED; adopted. President Ossing declared the vote of 7 – 1 – 1..” (Motion: Fuccillo)

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

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION DECISION ON A SPECIAL PERMIT ORDER NO. 26-1009664D Special Permit Application of: Marlborough/Northborough Land Realty Trust (c/o the Gutierrez Company) 200 Summit Drive, Suite 400 Burlington, MA 01803 Locus: Corner of Ames and Forest Streets Marlborough, MA Assessors Map 89, Parcels 80-88, 90-99 Assessors Map 100, Parcels 15, 24, 25, 26 DECISION ON A SPECIAL PERMIT ORDER NO. 26-1009664D The City Council of the City of Marlborough hereby DENIES the Application for a Special Permit to Marlborough/Northborough Land Realty Trust (c/o the Gutierrez Company) (the “Applicant”) to build and operate a two-building multifamily dwelling project, with a total of up to 90 residential units along Ames and Forest Streets, as provided in this Decision. FINDINGS OF FACT 1. The Applicant, Marlborough/Northborough Land Realty Trust (c/o the Gutierrez Company), is a Massachusetts land trust u/d/t dated October 12, 2000, recorded in the Middlesex South District Registry of Deeds in Book 31932, Page 433, with a mailing address of 200 Summit Drive, Suite 400, Burlington, MA 01803. 2. The Applicant is the owner of the property located along Ames and Forest Streets in Marlborough, Massachusetts, being shown as Parcels 80-88 and 90-99 on Assessors Map 89, and Parcels 15, 24, 25, and 26 on Assessors Map 100 (the “Site”). 3. In accordance with City Council Order No. 25-1009553, creating a new section of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”) entitled “Ames Village Overlay District” (“AVOD Ordinance”), the Applicant proposes to build and operate at the Site a multifamily dwelling project with a total of up to 90 residential units, consisting of two new buildings, on-site parking, open space areas, and residential amenities (the “Use”). Each building, or one or more of the buildings together, may be organized as its own condominium and constructed in phases at different times. 4. The Site is located in the A-3 Residential Zoning District and the Ames Village Overlay District. 5. The Site has an area of 11 acres +/- as shown on the Plans referenced in paragraph 7 below. 6. The Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough an Application for a Special Permit (“Application”) for the Use. 7. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and a detailed site plan entitled “Ames Village” by SMMA dated January 7, 2026 (the “Plans”) 8. 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. 9. Pursuant to the Rules and Regulations of the City Council for the City of Marlborough and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application and the City Clerk for the City of Marlborough caused notice of the same to be advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 10. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, March 9, 2026. The hearing was closed on that date. 11. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use, describing its impact upon municipal services, the neighborhood, and traffic. 12. At the public hearing, three members of the public spoke in favor of the Use and no members of the public spoke in opposition to the Use. 13. Councilor Heather Gould was absent from the single session of the public hearing on the Application. Prior to the vote on this decision, Councilor Gould filed a written certification as to examination of all the evidence and testimony received at the hearing session, in accordance with Massachusetts General Laws Chapter 39, Section 23D. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. On April 27, 2026, on a motion to grant the special permit with conditions, the City Council voted seven (7) in favor, two (2) opposed, with two (2) absent. Accordingly, the motion failed to carry, and the special permit is DENIED. The basis for the denial are the following reasons and findings: 1. The Use will exacerbate existing traffic conditions in the area. The Applicant did not submit any traffic data and/or analysis demonstrating that the Use will not exacerbate existing traffic conditions, and therefore additional traffic data is necessary to address and evaluate these concerns and impacts. 2. Adding a significant number of residential units adversely impacts public health and public safety for the reasons provided above, and because the Use creates undue congestion of residences in the area of Ames/Forest Streets, an area with a significant number of multi-family residential uses already existing or permitted. These impacts will negatively impact and place a strain on municipal services, including on emergency responses and public schools in the area. To the extent that the Applicant proposes to mitigate such impacts, certain conditions even if implemented would not mitigate impacts in a manner that protects the public. 3. Pursuant to Ord. 650-57(C)(12), no special permit shall be issued, except upon a general finding that the use sought, and its impact and characteristics shall not be in conflict with public health, safety, convenience and welfare and shall not be detrimental or offensive, provided the conditions, safeguards or limitations imposed, if any, are met. By its vote, the City Council did not make this finding for the reasons discussed in this Decision. Each of the above stated reasons, individually, provides sufficient grounds for the denial of the special permit, and collectively, provides sufficient grounds for such denial. B. Incorporation of Submissions. All minutes, reports, documents, recordings, and submittals before, or made by, the City Council and/or the City Council’s Urban Affairs Committee, are incorporated into this decision. Yea: 7 – Nay: 2 – Absent: 2 Yea: Vital, Doucette, Gould, Irish, Fuccillo, Ossing & Robey. Nay: Preciado & Navin. Absent: Oram & Sargent..” (Motion: Robey)

Read it in the official minutes, page 9 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for a Canopy Flat Wall Sign, 57 Main Street, within the Downtown Business District, APPROVED as submitted per the plans attached with no internal illumination allowed; adopted. Councilor Preciado Recused. President Ossing declared the vote of 9 – 0..” (Motion: Robey)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Request for a Blade Sign, 57 Main Street, within the Marlborough Village District, APPROVED, provided that the sign shown on the attached plans shall be modified to comply with the sizing, placement and material requirements for a by-right blade sign in Section 650-34 (I) of the Marlborough Zoning Ordinance; adopted. Councilor Preciado Recused. President Ossing declared the vote of 9 – 0..” (Motion: Robey)

Read it in the official minutes, page 11 (PDF)

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Updated Master Sign Plan approved by the City Council on November 17, 2025, for 910 Boston Post Road East is amended to change condition #1 to read the following. 1) One (1) internally illuminated pylon sign to be 22’ in height by 9’ 1” wide, as depicted in the ViewPoint Sign & Awning photos with a final date of December 2, 2025. APPROVED; adopted. President Ossing declared the vote of 9 – 2..” (Motion: Robey)

Read it in the official minutes, page 7 (PDF)

“Motion by Councilor Vital, seconded by the Chair to adopt the following: ORDERED: RESOLUTION Whereas the City Council recognizes the importance of maintaining essential municipal services while also ensuring that increases in residential property taxes remain reasonable and predictable for homeowners; and Whereas the rising costs of municipal operations require careful fiscal planning to balance service delivery with taxpayer affordability; and Whereas prior municipal budgets have resulted in increased financial pressure on residential taxpayers, and the City Council seeks to establish clearer limits and greater predictability in future budget proposals; Be it Resolved that the Mayor is hereby requested to submit a proposed municipal operating budget for the upcoming fiscal year that limits the impact on residential property taxes to no more than an average increase of two hundred fifty dollars ($250.00) per residential property. (Submitted by Councilor Vital) Referred to the FINANCE COMMITTEE; adopted. President Ossing declared the vote of 9 – 2..” (Motion: Vital)

Read it in the official minutes, page 9 (PDF)