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City Council Agenda 02/26/07
REGULAR MEETING         IN CITY COUNCIL                 CONVENED:
FEBRUARY 26, 2007               ABSENT:                         ADJOURNED:

1.      Minutes, City Council meeting, February 12, 2007.
2.      PUBLIC HEARING:  On the application for a Special Permit, from Atty. Cipriano for Sovereign Bank, for a Drive-thru Automatic Teller Machine , 330 Boston Post Rd. East.
3.      Communication from Mayor re: request for Executive Session.
4.      Communication from Mayor re: reappointment, Julie Purcell, Historical District Commission..
5.      Communication from Mayor re: reappointment, John Sahagian, Zoning Board of Appeals.
6.      Communication from Mayor re: M.G.L. Chapter 31, Section 58A.
7.      Communication from Mayor re: transfer 164,042.65, fund retiree final pay for Police, Fire, DPW and Legal Depts.
8.      Communication from Mayor re: rehire Joshua Duckworth, Public Safety Dispatcher.
9.      Communication from Mayor re: renewal of  lease of former placeBigelow PlaceTypeSchool.
10.     Communication from Mayor re: Grant in the amount of $50,000.00.
11.     Communication from the City Solicitor re: Wireless Communication Facilities – 450-460 Boston Post Rd., East.
12.     Communication from the City Solicitore re: Acceptance of Perry Lane.
13.     Application, Sewer Extension Permit for “Davis Estates”
14.     Minutes, Traffic Commission, January 23, 2007.
15.     Minutes, Conservation Commission October 19, November 2, November 15,  December 21, 2006, January 4, January 18, 2007.
16.     “TransReport”, February 2007.
17.     “Beacon”, February 2007.
18.     CLAIMS:
                A.      Marion L. Taft, 106 Raymond Rd., property damage.
                B.      Nicholas Hassapes, 42 Framingham Rd., property damage.
                C.      John Ward, 69 McNeil Circle, property damage.
                D.      Bonnie DiCenzo, 94 Framingham Rd., property damage.
                E.      Basel Badawi, 17 Weed St., property damage.

REPORTS OF COMMITTEES:

19.     ORDERED:        That the City of Marlborough reduce the rate of interest that accrues on property taxes deferred by eligible seniors under G.L. c.59, s.5, Clause 41A from 8 percent (Marlborough’s current interest rate) to four percent  (proposed new interest rate), with such reduced rate to apply to taxes assessed for any fiscal year beginning on or after July 1,2007…………..Submitted by Councilors Towle, Levy, Juaire, Ferro, Katz and Vigeant.

UNFINISHED BUSINESS:

20.     From Public Services Committee
ORDER NO. 06-100-1281 – re: Application of Ahmad Farhat, 46 Melody Lane, Marlborough for a Livery License. Police Chief Leonard advised the committee that he has no objection to the issuance of a livery license to Mr. Farhat provided that the parking of a livery vehicle can be done within the existing driveway at 46 Melody Lane.          MOTION:  made, and seconded, to recommend granting of the livery license to Ahmad Farhat, 46 Memory Lane with the following conditions:
1)   Provided that the parking of a livery vehicle can be done within the existing driveway at 46 Melody
Lane;
2)  Upon final approval by the City Council, a communication shall be mailed by the City Clerk’s Office
to: 1) applicant Ahmad Farhat, 46 Melody Lane, Marlborough, MA 01752 and  2) the Massachusetts Port Authority, One Harborside Drive, Suite 200S, Logan International Airport, East Boston, MA 02128-2909 stating that “the City of Marlborough has granted a livery license to Farhat Corporation, Mr. Ahmad Farhat and has no objection to Mr. Farhat’s operating within and through its boundaries.”  
Recommendation of the Public Service Committee was to APPROVE 3-0

21.    From Operations and Oversight Committee
        ORDER NO. 06-100-1312 – re: Communication from the Mayor re: request for proposals to purchase the fire station at 91 Main Street, no proposal was submitted.  Given there was no interest in the purchase of this property, please advise as to the next course of  action .  MOTION made by Councilor Ferro, seconded by Levy, to request that the Mayor advertise an RFP on both fire station parcels, subject to clarification by the City Solicitor of the role of the City Council under the Procurement Act, Chapter 30B.   Recommendation of the Operations and Oversight Committee was to approve 2-0.

MOTION made by Councilor Ferro, seconded by Levy, that a committee be established to address the space needs of the City.  Recommendation of the Operations and Oversight Committee was to approve 2-0

22.     ORDER NO. 06-100-1434 – re: WI-FI and its impact on the City’s wireless Communications; and that the report include the progress of the program and requirements including financial and other wise going forward and any additional removal of trees and installation of antennae.
1) All project work currently in progress shall halt until the completion of the WI-FI  project presentation to the Wireless Communication Committee.
2) The WI-FI project presentation to the Wireless Communications Committee shall include a plan showing the clean up of the affected area on Route 20 next to the Fire Station.   Recommendation of the Operations and Oversight Committee was to approve 3-0
(In Wireless Communications Committee)

23.     From Wireless Communications Committee
ORDER NO. 06-100-1305 - Application of Sprint Wireless / Bruce Asmussen, for Modification to existing Wireless Communications Facility (WCF) at 450 – 460 Boston Post Road East - By agreement between the City and Petitioner, the time in which to act on this special permit was extended to March 14, 2007.
Mr. Delman provided the committee with a rendering of what the additional WCF would look like on top of placeCountryside PlaceTypeVillage.  It was clear that the WCF could only be seen from the rear of the property looking south.   The WCF’s could not be seen looking north from the RTN Federal Credit Union located on Rte. 20 nor could it be seen from 416 Marlboro Square looking northeast.    The renderings were considered helpful, and it was agreed that the additional WCF would cause minimal visual impact;  
The status of open space donations owed by Sprint for both 157 Union Street and 450-460 Boston Post Road.   MOTION made by Councilor Clancy, seconded by Chair, to recommend approval of the special permit together with proposed decision and conditions, attached herewith, and conditional upon payment of arrears in the amount of $18,000.00 by February 26, 2007.   Note:  The final decision requires approval as to form by the City Solicitor.  Recommendation of the Wireless Communications Committee was to approve 3-0





        


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