Samantha Perlman

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: DECISION ON A SPECIAL PERMIT RASING CANE’S RESTAURANTS, LLC DECISION ON A SPECIAL PERMIT ORDER NO. 21-1008307E The City Council of the City of Marlborough hereby GRANTS the application for a Special Permit to Raising Cane’s Restaurants, LLC for the installation of a new restaurant with dual lane drive through service at 141 Boston Post Road West (Route 20), Marlborough, Massachusetts, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant, Raising Cane’s Restaurants, LLC, has offices located at 6800 Bishop Road, Plano, Texas, and is hereinafter referred to as the “Applicant.” 2. The Applicant is party to a lease agreement with RK Associates Marlborough, Inc., which owns the premises known and numbered as 141 Boston Post Road West (Route 20), Marlborough, Massachusetts and further described on Marlborough Assessor’s Maps at Map 78, Parcel 15A (hereinafter, the “Site”).In accordance with Article V, Sections 650- 14(B)(2) and 650-17 of the Zoning Ordinance of the City of Marlborough, Applicant is seeking the approval of a new restaurant with dual lane drive through service at the Site (hereinafter, the “Project”). 3. The Applicant has filed with City Clerk of the City of Marlborough an application for a Special Permit (hereinafter, the “Application”). 4. The Site is located in the Business zoning district as determined by the Zoning Map of the City of Marlborough. 5. In connection with the Application, Applicant has submitted a certified list of abutters, filing fees, and a detailed site plan titled “Proposed Site Plan Documents for Raising Cane’s Proposed Restaurant with Drive-Thru. Location of Site: 141 Boston Post Road West, City of Marlborough, Middlesex County, Massachusetts, Map #78, Lot 15A”, prepared by Bohler Engineering, 352 Turnpike Road, Southborough, MA, scale 1"=80', dated April 9, 2021, most recently revised July 12, 2021 (hereinafter, the “Plans”) as Attachment “A”. 6. The Application was certified as complete by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, in accordance with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 7. 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 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, held a public hearing on the Application on Monday, June 21, 2021, which was continued to Monday, July 19, 2021. 9. Applicant, through its counsel, traffic consultant and civil engineering consultant, presented testimony at the public hearing detailing the application, describing its impact upon municipal services, the neighborhood, and traffic. 10. At the public hearing, no members of the public spoke in favor of the Project and one member of the public indicated they were not in opposition and raised certain traffic concerns with respect to the Project. 11. The Applicant submits that the Project will provide an added benefit to the community in the form of desired quality food services provided in an efficient manner. The Applicant further submits that the Project is in harmony with the general purpose and intent of the City Zoning Code as required for the issuance of a Special Permit. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds that the proposed use of the Site is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance of the City of Marlborough when subject to the appropriate terms and conditions as provided herein. The City Council makes these findings subject to the completion and adherence by Applicant, its successors and/or assigns to the conditions more fully set forth herein. 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 Applicant a Special Permit to construct a restaurant with dual lane drive through service as shown on the Plans filed, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on Applicant, its successors and/or assigns: 1. Construction in Accordance with Applicable Laws. Construction of all structures on the Site is to be in accordance with all applicable Building Codes and Zoning Regulations in effect in the City of Marlborough and the Commonwealth of Massachusetts and shall be built according to the Plans as may be amended during Site Plan Review. 2. Site Plan Review. The issuance of the Special Permit is further subject to detailed Site Plan Review in accordance with the City of Marlborough site plan review ordinance prior to the issuance of the building permit. Any additional changes, alterations, modifications, or amendments, as required during the process of Site Plan Review, shall be further conditions attached to the building permit, and no occupancy permit shall be issued until Applicant has complied with all conditions. Subsequent Site Plan Review shall be consistent with the conditions of this Special Permit and the Plans submitted, reviewed, and approved by the City Council as the Special Permit Granting Authority. Any changes to the Plans which alter the traffic patterns or landscaping, or reduce the overall green space of the Project, will require subsequent approval by the City Council. 3. Compliance with Applicable Laws. Applicant, its successors and/or assigns agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of Applicant’s Project. 4. Signage. The locations and design of signage shall be reviewed and approved by the City of Marlborough during Site Plan Review in accordance with the sign ordinance of the City of Marlborough. It is a further condition that the location of the signage shall not be substantially different than that shown on the Plans submitted herewith, allowing, however, for minor changes in the field so as to avoid conflicts with existing City infrastructure. 5. Pavement Markings/Traffic Signage. The location and placement of pavement markings and traffic directional signage shall be reviewed and approved by the City of Marlborough during Site Plan Review in accordance with applicable rules and regulations of the City of Marlborough. 6. No Overnight Parking. There shall be no overnight parking at the Site. 7. Landscaping. Applicant, its successors and/or assignees agrees to maintain the Project landscaping substantially in conformance with the Plans as submitted to the City Council and/or the City Council’s Urban Affairs Committee, as may be amended during Site Plan Review. 8. Noise. The drive through shall employ a speaker system of a quality that seeks to minimize the noise emanating from the speaker system and in full compliance with the noise ordinance of the City of Marlborough. The drive through audio speakers also shall not produce noise at the property line greater than that which would be allowed at the property line in a Residential zoning district, in accordance with the noise ordinance of the City of Marlborough. 9. Incorporation of Submissions. All plans, photo renderings, site evaluations, briefs and other documentation provided by the Applicant as part of the Application, and as amended or revised during the application/hearing process before the City Council and/or the City Council’s Urban Affairs Committee, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. 10. Engineering Changes. Site Plan Review Committee may make engineering changes to the Plans, so long as said changes do not change the use of the Project as approved herein, or materially increase the impervious area of the Project, reduce the green area, or increase the size of the building shown on the Plans. 11. Parking Areas. Parking areas will be swept and maintained by Applicant, its successors and/or assigns as necessary. Applicant, its successors and/or assigns shall be responsible for providing, installing and maintaining all signage or markings required by the Marlborough Traffic Commission. Such signage or markings shall meet the standards of the Manual on Uniform Traffic Control Devices. 12. Hours of Operation. The hours of operation for the restaurant will be Sunday through Thursday, 9:00 AM to 1:00 AM and Friday to Saturday, 9:00 AM to 3:30 AM. The hours of operation for the drive through facility will be Sunday through Thursday, 9:00 AM to 1:00 AM and Friday to Saturday, 9:00 AM to 3:30 AM. 13. Trenching; Staging. All trenching shall be in compliance with Massachusetts law and pursuant to permits issued by the Engineering Division of the City’s Department of Public Works. During construction, no vehicles shall be staged on public ways. 14. Recording of Decision. In accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit has elapsed with no appeal having been filed, and before the Applicant has applied to the Building Commissioner for a building permit. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit to the City Council’s office, the Building Department, and the City Solicitor’s office. Yea: 10 – Nay: 1 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Ossing, Perlman, & Robey. Nay: Oram..” (Motion: Robey)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Application for Special Permit to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms, 339 Boston Post Road East (McGee Farm), Order No. 20/21-1007995, be approved, DENIED; adopted. Yea: 5 – Nay: 6 Yea: Dumais, Tunnera, Landers, Ossing, & Robey. Nay: Wagner, Doucette, Irish, Navin, Oram, & Perlman..” (Motion: Robey)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: THAT, PURSUANT TO § 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 is hereby amended by deleting the existing Section 650-33, entitled “Results Way Mixed Use Overlay District.”, in its entirety and replacing it with the following: §650-33. Results Way Mixed Use Overlay District. A. Purpose and objectives. (1) The Results Way Mixed Use Overlay District (herein, also RWMUOD) allows the application of supplemental land use controls within the boundaries of a certain overlay district, subject to City Council approval (Hereinafter any reference to City approval shall be deemed to mean approval by the City Council.) as an alternative to land use controls that exist in the underlying district(s). The establishment goals of the Results Way Mixed Used Overlay District 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, 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 objectives of the City (collectively, herein mixed use developments or MUD). (2) For the purposes of this section, the RWMUOD shall be superimposed on the other districts existing at the time that any land in any said underly ing district is also included in the RWMUOD. The RWMUOD is adjacent to Simarano Drive and Forest Street as indicated on the City Zoning Map. The RWMUOD shall consist of two separate subdistricts: (i) Subdistrict 1, as more particularly described in Exhibit A annexed hereto and incorporated by reference herein; and (ii) Subdistrict 2, as more particularly described in Exhibit B annexed hereto and incorporated by reference herein. (3) For the purposes of the Zoning Ordinance, a mixed use development or MUD shall include any eligible use set forth in Subsection E, below, which may be commingled into a single structure or structures with other eligible uses or may be located in separate structures on the site subject to any restrictions and/or limitations set forth in the development agreement described in Subsection C(2) below. Accordingly, mixed use developments shall benefit the public health, safety and welfare through the sharing of parking lots and driveway curb cuts to minimize the amount of impervious paved parking areas, to reduce traffic congestion, to reduce automobile trips, and accordingly to improve air quality. (4) Within each subdistrict, one MUD shall be permitted, which shall each be subject to a separate development agreement and master concept plan, as described in Subsection C, below. B. Authority of permit granting authority. (1) The City Council shall be the permit granting authority for special permit and site plan approval in the RWMUOD. In all instances, a development which proceeds under the RWMUOD overlay is subject to site plan approval in accordance with § 270-2 of the Marlborough City Code, with the exception that the City Council shall be the permit granting authority for special permit and site plan approval in the RWMUOD. (2) The City Council may elect to vary the dimensional and parking requirements of this section by special permit if, in its opinion, such change shall result in a substantially improved project and will not nullify or substantially derogate from the intent or purpose of this section. This authority continues subsequent to occupancy. C. Master concept plan; development agreement. The property owner/developer of each subdistrict shall, prior to or simultaneously with the first application for approval of a site plan and/or special permit for the MUD within the applicable subdistrict, file the following with the City Council for approval: (1) Master concept plan. (a) A master concept plan (master plan) which shall in a general manner show: [1] The location and areas of proposed development; [2] Proposed open space (usable or natural); [3] Proposed site access curb cuts off of Simarano Drive and Forest Street; and [4] Proposed building envelope(s) where construction is anticipated to occur (excluding internal site driveways). (b) A table showing approximate acres and calculations of the following: [1] Total land area of each development area (building envelope area); [2] Total development limitations, if any, of uses in any developable area; [3] Total maximum development (square footage/use limitations); and [4] Approximate number of parking spaces within the applicable subdistrict. (c) The master plan shall be approved by a super majority (2/3) vote of the City Council at a public meeting and shall thereafter become the ge neral development plan governing development at the applicable subdistrict. The master plan may be amended from time to time by a super majority vote (2/3) of the City Council by application from the property owner/developer to reflect changing development conditions. (2) A development agreement in recordable form binding upon the developer/property owner. (a) The development agreement shall be approved by a super majority (2/3) vote of the City Council prior to the issuances of the first permit/site plan approval for development within the applicable subdistrict, which shall contain, without limitation: [1] Required mitigation (including traffic demand management initiatives) to address the impacts arising out of the use and occupancy of the proposed project, or if at the time of execution such impacts are not known, the methodology for assessing and addressing such impacts as the development of the applicable subdistrict progresses. [2] Restrictions on development areas and such other development limitations as may be agreed upon. [3] Proposed phasing of the development of the applicable subdistrict. [4] Obligations with respect to pedestrian and vehicular interconnectivity within the applicable subdistrict to facilitate pedestrian access and parking efficiencies. [5] The authority of the City Council to retain the necessary professionals to assist in its review of development applications. [6] An agreement by the property owner/developer of the residential component of the property to make a one-time financial contribution to the City per residential unit developed within the applicable subdistrict for which a building permit is issued. This payment shall be due at the time of the issuance of the building permit for the unit(s). This amount is to be used by the City acting by and through the City Council to assist in the identification and implementation of zoning, economic and other strategies to foster professional, retail and commercial development initiatives as well as the development of affordable housing which may include, without limitation, the preparation of a housing production plan in accordance with the rules and regulations of the Massachusetts Department of Housing and Community Development (760 CMR 56.03(4)) and the funding of the implementation of the goals and objectives set forth in such plan. (b) The development agreement shall govern the implementation of the master plan and development at the applicable subdistrict. (c) Notwithstanding anything contained in any current or future development agreement to the contrary, each development agreement shall only apply to the applicable subdistrict and shall not govern any development of other subdistricts within the RWMUOD. D. Exclusivity/control. Except as specifically provided herein, uses and provisions of Article V of Chapter 650 (Zoning) relating to the underlying zoning district not otherwise impacted by this section (§ 650-33 et seq.) shall continue to remain in full force and effect; provided, however, that the City Council shall be the special permit granting and site plan approval authority, if applicable. This section (§ 650-33 et seq.) of the Zoning Ordinance exclusively controls the establishment, development, and design of any MUD undertaken in a subdistrict in the RWMUOD and supersedes any other provision of the Zoning Ordinance (except the provisions of the Water Supply Protection District, provided th at the maximum total impervious surface coverage for the RWMUOD shall be 60% calculated on the entire land area of each subdistrict and not on an individual lot basis). In the event of any conflict between the provisions of this section (§ 650 - 33 et seq.) and any other provision of the Zoning Ordinance, the provisions of this section shall govern and control. E. Eligible uses. Except as specifically set forth below, all uses permitted in the Industrial and Limited Industrial Districts either as of right or by special permit in accordance with § 650-17 of the Zoning Ordinance are permitted in the RWMUOD. If a use requires a special permit under § 650 -17, Table of Use Regulations, such use shall continue to require a special permit under this section. (1) The following additional uses are also permitted by right in the RWMUOD: (a) Research and experimental labs (33). (NOTE: Numbers in parentheses correspond to subsection numbers in § 650-18, Conditions for Uses, as noted in § 650-17, Table of Use Regulations.) Research and development includes, without limitation, laboratories engaged in research, experimental and testing activities, including, but not limited to, the fields of biology, chemistry, electronics, engineering, geology, pharmaceuticals, medicine and physics. (b) Medical office and diagnostic medical laboratories appurtenant to offices of physicians and dentists. (c) Associated/accessory research uses (35). (NOTE: Numbers in parentheses correspond to subsection numbers in § 650 -18, Conditions for Uses, as noted in § 650-17, Table of Use Regulations.) (d) Advanced manufacturing, which shall include high technology manufacturing, such as, but not limited to, laser technology, robotics, nanotechnology and computer-associated design and software development. (e) Multifamily dwelling: (i) Subdistrict 1: up to 350 dwelling units including, without limitation, age- restricted dwelling units. (ii) Subdistrict 2: up to 100 dwelling units including, without limitation, age- restricted dwelling units. (f) Retail sales and services: in each subdistrict, up to 75,000 square feet of total gross floor area; up to 10,000 square feet of gross floor area per establishment. (g) Hotels and motels. (h) Hotels with conference facilities and commercial uses. (i) Car parking lots, garages: a structure or a group of structures that facilitate the parking of vehicles at ground level, above or below grade and shall include area for the parking of vehicles at, above and/or below grade under a building or otherwise integrated into another structure. (j) Consumer service establishments complementary to the other principal uses at the property. (k) Restaurant, cafe with or without table service (including outside seating and service). (l) Health, sports and fitness clubs (indoor and/or outdoor) and related facilities. (m) Self-service laundry. (n) Dry cleaning (pickup and dropoff only). (o) Manufacturing and/or warehousing, including but not limited to biomanufacturing facilities that may use and store hazardous materials or toxic substances in accordance with applicable law. (2) The following additional uses are also permitted by special permit in the RWMUOD: (a) In Subdistrict 1 only: Multifamily dwelling — more than 350 dwelling units within the subdistrict including, without limitation, age-restricted dwelling units. (b) Drive-through facilities associated with retail (e.g. banks; pharmacies) and food services. (c) In Subdistrict 2 only: Biosafety Level 3 laboratories, as defined by the United States Center for Disease Control and Prevention. (3) The foregoing subsections notwithstanding, the uses set forth as follows are expressly prohibited in the RWMUOD: (a) Adult entertainment, including an adult bookstore, video store, paraphernalia store, movie theater, or live entertainment establishment. (b) Tattoo and body piercing parlors and shops. (c) Dye works. (d) Biosafety Level 4 laboratories, as defined by the United States Center for Disease Control and Prevention. (e) Establishments for construction in such services as, but not limited to, building, building maintenance, plumbing, landscaping, electrical, masonry, carpentry, well drilling. (f) Electroplating, metal finishing except by special permit as an accessory use to an otherwise permitted principal use. (g) Hazardous and toxic chemical manufacturing. (h) Trucking terminal and distribution center. (i) Automotive sales and/or service. (j) Retail gasoline, oil and lubrication stations. (k) Commercial bakeries. (l) On-site sales and rental of heavy machinery and vehicles. (m) Laundry and dry cleaning establishment, except dropoff and pickup operations and facilities designed to service residents of multifamily dwelling. (n) Any activity or use directly or indirectly involving, without limitation, the dispensing, use, sale, growing, storage or transportation of medical marijuana, including any medical marijuana treatment center. (o) Any on-site facility or clinic devoted to the treatment of substance addiction, including any narcotic detoxification and/or maintenance facility. F. Dimensional requirements. The RWMUOD shall be subject to the dimensional standards in accordance with Article VII of the Marlborough Zoning Ordinance with the following exceptions: (1) The RWMUOD shall consist of one or more lots. There is no minimum acreage requirement for a lot to be a part of the Results Way Mixed Use Overlay District. (2) Minimum lot frontage measurement shall be no less than 50 feet for any lot wholly located within the boundaries of the RWMUOD. (3) Minimum front yard measurement shall be no less than 30 feet for any lot wholly located within boundaries of a RWMUOD. (4) No less than 15 feet shall separate the structural side wall of any two or more MUD structures. No less than 15 feet shall separate any area behind and/or between structures, and fire suppression vehicles shall have clear and adequate access to all structures. (5) Maximum building height in RWMUOD shall not exceed 80 feet, provided that: (a) Residential structures shall not exceed 70 feet; and (b) No structure located within 120 feet from the center line of Forest Street shall exceed 50 feet. (6) Maximum lot coverage shall be calculated on the entire land area of the applicable subdistrict and not on an individual lot basis, and shall not exceed 60% of the total area of the applicable subdistrict. G. Parking and curb cut requirements. Except as otherwise provided in this section, parking and circulation requirements shall conform to the provisions of §§ 650 -48 and 650-49 of the Zoning Ordinance. (1) General. In the RWMUOD 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 the City Council shall consider complementary or shared use of parking areas by activities having different peak demand times, and the applicant shall locate adjacent uses in such a manner as will facilitate the complementary use of such parking areas. Implementation of such complementary use of parking areas may result in permitted reductions in the parking requirements. (2) Parking locations. Parking may be provided at ground level, underground or in a parking garage. Parking garages can be freestanding or as part of buildings dedicated to other permitted uses. (3) Parking spaces for each dwelling unit. There shall be a minimum of 1.5 parking spaces for each dwelling unit. (4) Granting of relief from parking regulations. The City Council may waive any of the foregoing requirements or the requirements of § 650-48 if it makes a finding that to do so will enhance the overall design of the RWMUOD. H. Signage. (1) Except as otherwise provided in this mixed use section, signage shall conform to the provisions of Chapter 526 of the Marlborough City Code, the Sign Ordinance. (2) Granting of relief from signage regulations. The City Council may waive any of the requirements of the Sign Ordinance if it makes a finding that to do so will enhance the overall design of the RWMUOD. I. Application. (1) An application for a special permit for a use in the mixed use development in the RWMUOD shall comply with the requirements of § 650-57 et seq. of the Zoning Ordinance. In the matter of a site plan approval, the application shall comply with the requirements of the City Code, Chapter 270, Article II, Permits and Approvals, § 270-2 et seq. (2) The City Council in connection with a special permit and/or site plan application shall review such applications with respect to the following design criteria: (a) Compliance of sidewalks with Americans with Disabilities Act (ADA) design standards; (b) Street facade and exterior walls visible from public ways; (c) Public space; (d) Scale of buildings; and (e) External lighting. (3) Concurrent with any public hearing/meeting associated with a special permit and/or site plan filing, the applicant shall make a presentation to the City Council to present the proposed architectural design and shall consider the comments and input from the City Council. A final building elevation shall be submitted prior to the close of the public hearing/meeting. J. Standards for roadways and drainage. (1) Roadways. Internal RWMUOD roadways shall be private ways and shall be maintained by the owners/developers of the RWMUOD and portions thereof. Private ways within the RWMUOD, to the extent feasible, 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 dimensional requirements thereof, provided that those private roadways shall be adequate for the intended vehicular and pedestrian traffic and shall be maintained by the owner/developer or an association of owners. (2) Stormwater management system. Each MUD within the RWMUOD shall have a stormwater management system designed in accordance with the applicable Rules and Regulations for the Subdivision of Land in the City and the Department of Environmental Protection's Storm Water Management Guidelines, as amended. K. Amendments. After approval, an owner/developer may seek amendments to the approved permits. Minor amendments to a special permit and major or minor amendments to a site plan approval may be made by a super majority (2/3) vote of the City Council. It shall be a finding of the City Council, not subject to dispute by the applicant, whether a requested amendment is deemed to be a major amendment or a minor one. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce more than a material increase in impact on City services, the environment or the neighborhood. If it is determined that revisions to a special permit are not minor, per § 650-57 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, subject to the fee schedule under Subsection C(3)(f) of § 650-57. Exhibit A Description of RWMUOD Subdistrict 1 Parcels (Identified by • PID# 100-1B Accessors’ Map and Parcel • PID #101-2 Number) Included in • PID #101-3 Subdistrict 1 • PID #100-1A • PID #101-2A • PID #101-2B Note: T h e a c c o m p a n y i n g m a p s h o w s t h e R W M U O D a n d e a c h s u b d i s t r i c t t h e r e i n . In order to ensure clarity with respect to the subdistrict boundaries in the event the tax parcels described above are modified after the date hereof, a metes -and- bounds legal description describing each subdistrict shall be kept on file in the City Clerk’s office. Exhibit B Description of RWMUOD Subdistrict 2 Parcels (Identified by • PID #100-19 Accessors’ Map and Parcel • PID #111-801 Number) Included in • PID #111-1 Subdistrict 2 Note: T h e a c c o m p a n y i n g m a p s h o w s t h e R W M U O D a n d e a c h s u b d i s t r i c t t h e r e i n . In order to ensure clarity with respect to the subdistrict boundaries in the event the tax parcels described above are modified after the date hereof, a metes -and- bounds legal description describing each subdistrict shall be kept on file in the City Clerk’s office. Suspend First Reading; Adopt Second Reading; APPROVED. Yea: 9 – Nay: 2 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram & Ossing. Nay: Perlman & Robey..” (Motion: Robey)

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“Passage to Enroll; APPROVED. Yea: 9 – Nay: 2 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram & Ossing. Nay: Perlman & Robey..” (Motion: Robey)

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“Passage to Ordain; APPROVED. Yea: 9 – Nay: 2 Yea: Wagner, Doucette, Dumais, Tunnera, Irish, Navin, Landers, Oram & Ossing. Nay: Perlman & Robey..” (Motion: Robey)

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“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED That the Application for Renewal of Junk Dealer/Secondhand Dealer License, ecoATM, LLC, 601 Donald J. Lynch Boulevard (kiosk in Solomon Pond Mall), APPROVED; adopted. Yea: 10 – Nay: 1 Yea: Wagner, Doucette, Dumais, Irish, Navin, Landers, Oram, Ossing, Perlman & Robey. Nay: Tunnera..” (Motion: Landers)

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“Motion by Councilor Doucette, seconded by Councilor Oram to adopt the following amendment: That the Flat Wall Signs requested by Mobil, 656 Boston Post Road East, be required to have the sign lighting be turned off outside of business hours – DENIED. Yea: 2 – Nay: 9 Yea: Doucette & Oram. Nay: Wagner, Dumais, Tunnera, Irish, Navin, Landers, Ossing, Perlman, & Robey..” (Motion: Doucette, second: Oram)

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“Motion by Councilor Landers, 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. Councilor Dumais recused. Yea: 10 – Nay: 0 – Abstain: 1 Yea: Wagner, Doucette, Tunnera, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey. Abstain: Dumais..” (Motion: Landers)

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“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the City Council supports the proposed site selection for a new fire station in west side of Marlborough at the location identified by the Fire Station Advisory Committee as Elm Street at Bigelow Street; and further, that on behalf of the City, the Mayor is authorized to negotiate and enter into an agreement to acquire any necessary interests in real property, subject to any applicable laws and a favorable vote of the City Council authorizing the appropriation of sufficient funds for the acquisition of said property, APPROVED and is further referred to the FINANCE AND PUBLIC SAFETY COMMITTEES; adopted. Yea: 6 – Nay: 5 Yea: Doucette, Dumais, Irish, Navin, Landers, & Ossing. Nay: Wagner, Tunnera, Oram, Perlman & Robey..” (Motion: Irish)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney Brian Falk on behalf of WP Marlborough MA Owner, LLC (Waypoint Residential), re: Request to Extend Time Limitations to August 24, 2021 at 10:00 PM, on the Application for Special Permit to build a multifamily residential project in the Business District to be known as Walcott Heritage Farms, 339 Boston Post Road East (McGee Farm), APPROVED; adopted. Yea: 8 – Nay: 3 Yea: Doucette, Dumais, Tunnera, Irish, Navin, Landers, Ossing, & Robey. Nay: Wagner, Oram & Perlman..” (Motion: Robey)

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