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Committee approves 90‑unit Ames Village special permit with conditions and mitigation payments

Marlborough City Council (committee meetings) · April 2, 2026
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Summary

The Urban Affairs & Housing Committee voted 3–2 to approve a special permit for a two‑building, 90‑unit Ames Village condominium project, imposing conditions including 12% affordable units, EV‑ready parking, a 5.87‑acre open‑space buffer with a management plan, and a mitigation package split among sidewalks, the new Richer School and the Westside Fire Station.

The Urban Affairs & Housing Committee voted to grant a special permit for a two‑building, multifamily condominium development on an 11‑acre site at Ames and Forest Streets, subject to multiple conditions addressing affordability, open space, green design and mitigation funding.

Attorney Brian Faulk, representing Malboro Northboro Land Trust (an affiliate of the Gutierrez Company), told the committee the project would preserve about 5.87 acres as natural open space and build two condominium buildings with a total of up to 90 two‑bedroom units, marketed as age‑targeted (50+ but not age‑restricted) ownership units rather than rentals. Faulk said 12% of units would be permanently restricted and listed on the state subsidized housing inventory, EV charging infrastructure would be installed or prewired, and the project anticipates a positive fiscal impact (Faulk estimated roughly $475,000 in annual tax revenue).

City staff and department heads submitted comments: the city engineer recommended filling a sidewalk gap on the east side of Ames Street north of the site and removing construction debris from the open space; the conservation officer, Priscilla Ryder, recommended a management plan to maintain the open space in a natural state, address invasive species, and limit new structures to habitat‑enhancing features.

Committee members debated specific permit language and mitigation. The committee confirmed that 12% of 90 units requires rounding to six affordable units and debated EV language: members considered stronger wording ('shall provide all‑electric utilities') but ultimately kept the existing contingency that construction be 'all electric' subject to the utility company's ability to provide service, and asked the solicitor to refine the final wording. Faulk said the 'best efforts' language mirrors other recent special permits; some members argued for stronger language while others warned of utility‑driven delays.

Members negotiated mitigation funding. The applicant initially offered $100,000 (earmarked for sidewalks). Committee members proposed splitting mitigation to respond to city needs: the committee agreed to amend conditions so that, in addition to the existing $1,000/unit (total $90,000) Westside Fire Station contribution, the applicant will provide $50,000 for sidewalk improvements adjacent to the site and $90,000 toward the new Richer School (payment timing tied to building permits and phasing). The applicant accepted the amended distribution and asked that timing be tied to building permits per phase.

Other conditions adopted or confirmed in the draft decision include a detailed site‑plan review, stormwater and erosion control requirements, landscaping plans using native species, at least six EV charging stations per building or 10% of spaces (contingent on utility availability), and a requirement that affordable units comply with the Commonwealth's SHI process and be protected in perpetuity or for the maximum period allowed by law.

The committee moved and seconded approval of the special permit as amended. The committee vote was three in favor and two opposed. The decision will be reported to the full City Council and the applicant will seek suspension so the full council can take up the matter at an upcoming meeting.

Next steps: site‑plan review committee will finalize design and the solicitor will prepare final permit language reflecting the committee’s amendments and timing for mitigation payments tied to building permits and phasing.