City of Marlborough, MA - City Council Agenda 3/26/07

3. PUBLIC HEARING: On the application of Atty. Arthur Bergeron for 435 Lakeside, LLC, 192 Worcester Rd. , Natick, Ma to construct a drive-thru ATM at a bank at 435 Lakeside Ave.(see agenda item #11)

4. PUBLIC HEARING: On the application of Atty. Arthur Bergeron for a fuel storage permit for Saint-Gobain Corp., to store up to 477,000 cubic feet of hydrogen gas.

11. Communication from Atty. Bergeron, requesting to withdraw without prejudice his application for a Special Permit to allow a bank ATM drive-thru at 435 Lakeside Ave. (Order No. 07100-1466)

16. Order No.07100-1440 – re: Communication from Mayor Stevens with transfer in the amount of $21,667.50 from Receipt Reserved for Appropriated Insurance to Police Department Vehicle: The FINCOM reviewed the Mayor’s letter dated January 12, 2007 requesting a transfer of $21,667.50 from the insurance settlement for a damaged police cruiser to the Police Vehicle capital outlay account. Recommendation of the Finance Committee is to APPROVE 5 – 0

17. Order No. 07100-1455 – re: Communication from the Mayor to transfer $16,500.00 from Sewer Capacity Stabilization to Sewer Service Fund: The FINCOM reviewed the Mayor’s letter dated January 30, 2007 to transfer funds to provide for a design contract modification relative to the Lake Williams Diversion project which will allow for diverting flow from the Lake William’s pumping station to the City’s Easterly Treatment plan in order to free up capacity in the Westerly Treatment Plant. Recommendation of the Finance Committee is to APPROVE 5 – 0

18. Order No. 06-1001305B - re: The application of Sprint Wireless/Bruce Asmussen, for modification to existing Wireless Communications Facility (WCF) at 450 – 460 Boston Post Rd., East

That the City Council of the City of Marlborough hereby GRANTS the application for a Special Permit to Sprint Wireless, having a usual place of business at 63 Cunningham Street ,Wilmington, MA 01887, as provided in the Decision and subject to the following Findings of Fact and Conditions.

2. Through its Application for a Special Permit, the Application seeks permission to allow co-location of three additional non-penetrating antenna canisters or mounts to the existing rooftop installation as well as placement of the associated equipment shelter on the roof (hereinafter “Project”), as depicted on a set of plans entitled “Sprint Countryside/Indian Head” by Vertical Resources Group last revised 8/21/06 as submitted with the Special Permit Application (hereinafter “Plans”).

3. The location of the proposed Project is 450-460 Boston Post Road East and the building owner at this site is Trinity Countryside L.P. The site is more particularly identified on the Assessor’s Map of the City of Marlborough as Parcel No. 73 of Plate 31.

4. The Applicant is a lessee of the Owner, Trinity Countryside L.P., for the purposes of this Special Permit Application.

5. The Site is zoned B-Business. Wireless Communication Facilities are allowed by grant of Special Permit in Business Zoning Districts.

6. The Special Permit is being sought pursuant to Article VI, Section 200-25 and Article VIII, Section 200-59 of the Zoning Code of the City of CityplaceMarlborough.

7. Pursuant to the Rules and Regulations of Application for Special Permit ("Rules and Regulations"), the City Planner certified that the Special Permit application materials are complete and conform to said Rules and Regulations and that the Plans conform in all respects to the City code.

9. The City of Marlborough City Council held a public hearing on the Project on October 16, 2006, for which proper notice had been published and for which proper notice had been given to all parties entitled to notice under the law.

10. The Applicant presented oral testimony and demonstrative evidence at the public hearing demonstrating that the Project meets all the applicable Special Permit criteria of Article VI, Section 200-25 and Article VIII, Section 200-59.

11. The Applicant provided further oral testimony and demonstrative evidence to the City Council's Wireless Communications Committee regarding the Project's compliance with the applicable Special Permit criteria.

12. The Council, in reviewing the Applicant's Special Permit application, considered the Review Standards and Development Requirements, as enumerated in Article VI, Section 200-25 and Article VIII, Section 200-59 of the City of CityplaceMarlborough Zoning Ordinance, applicable to the proposed Wireless Communications Facilities.

A) The Applicant has complied with all the Rules and Regulations promulgated by the Marlborough City Council pertaining to the said Application for a Special Permit.

B) The Site is an appropriate location for the Project and the Project is 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 of this Approval.

C) The Applicant has complied with the applicable Review Standards and Development Requirements pertaining to Wireless Communications Facilities, enumerated in Article VI, Section 200-25 and Article VIII, Section 200-59 of the City of Marlborough Zoning Ordinance, by siting, designing and screening its proposed WCF to minimize the adverse impact of the proposed WCF on the abutting neighborhood and on nearby residential properties.

D) The Council, pursuant to its authority under M.G.L. Chapter 40A and the City of Marlborough Zoning Ordinances, GRANTS the Applicant its Special Permit, SUBJECT TO THE FOLLOWING CONDITIONS NUMBERED 1 THROUGH 12:

The WCF shall be constructed, maintained and operated according to the specifications, terms and conditions of the Applicant's Special Permit Application, as amended during the application/hearing process, and in compliance with the Conditions of the Grant of Special Permit as well as with the conditions set forth in Chapter 200-25F of the Marlborough Zoning Ordinance.

All Plans, photo renderings, site evaluations, briefs and other documentation provided by the Applicant as part of this Special Permit Application 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.

The Applicant shall comply with all rules, regulations, ordinances and statutes of the City of Marlborough, the Commonwealth of Massachusetts and the Federal Government as they may apply to the construction, maintenance and operation of the Applicant's WCF.

All terms, conditions, requirements, approvals, plans and drawings required hereunder are hereby made a part of and incorporated herein as a condition to the issuance of this Special Permit.

Applicant shall minimize the visual impacts of the WCF by screening and/or color coordination as depicted on the Plans and other demonstrative evidence submitted as part of the Application for Special Permit.

Applicant shall pay to the City of Marlborough Open Space Account #100-2410-44515, as mitigation for the impacts caused by the subject of this Permit, the annual sum of One Thousand Five Hundred ($1,500.00) dollars, due and payable at the time of the issuance of the building permit hereunder and the subsequent payments to be due and payable on or immediately after January 2 of each calendar year in which the WCF referenced in this Permit is still in operation.

Applicant shall not utilize a permanent electrical generator, of any type, in connection with the operation of the WCF. Applicant shall be permitted to use a temporary electrical generator in connection with the operation of the WCF only in cases of power outages to the WCF beyond Applicant's control and not caused by the Applicant or any of its agents.

In the event a temporary generator is used pursuant to this Condition, the noise produced by said temporary generator shall not be audible beyond the boundaries of the Site. Batteries used in the operation of the facility shall be disposed of off-site at the expense of Applicant.

The Applicant shall not permit any other party to utilize the screening or color coordination, in any fashion or manner, for any WCF or associated equipment other than the WCF and the associated equipment expressly allowed by the grant of Special Permit.

No operation of this WCF shall commence until the Applicant has received written approval from the Building Inspector that all the above conditions have been satisfied.

In accordance with the provisions of Mass. Gen. Laws c. 40A, s. 11, the Applicant 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.