(1)The City Council shall be the permit granting authority for special permits and site plan approvals in the EROD. Special permits shall require a two-thirds-vote of the City Council, except when only a simple majority vote is required pursuant to MGL c. 40A, § 9; site plan approvals shall require a simple majority vote.

(2) At the request of an applicant as part of an initial application or as part of a modification pursuant to Subsection H, the City Council may elect to vary the dimensional, parking, design, and landscaping requirements applicable to an ERO Phase by site plan approval upon finding that such change shall result in an improved design and will not nullify or substantially derogate from the intent or purpose of this section (§ 650-36, et seq.).

(3) An application for site plan approval for an ERO Phase shall comply with Chapter 270 of the Marlborough City Code. An application for a special permit for a use in the EROD shall comply with the requirements of § 650-59 of the Zoning Ordinance.

Modifications.
 

(1) After approval, applicants may seek modifications to any approved special permits or Site Plan Approvals.

(2) Special permits. Major modifications to a Special Permit may be granted by a two-thirds-vote of the City Council, and minor modifications to a Special Permit may be granted by the Building Commissioner. The Building Commissioner shall have jurisdiction to determine whether a requested modification to a Special Permit is major or a minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment, or the neighborhood. Where the effect of a modification to a Special Permit is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten-percent or greater variation from the applicable approval; provided, however, that said modification would not result in a violation of any provision of this section (§ 650-36, et seq.). If it is determined that a modification to a Special Permit is not minor, per § 650-59 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.

(3) Site plan approvals. Major modifications to a Site Plan Approval may be granted by a majority vote of the City Council, and minor modifications to a Site Plan Approval may be granted by the Building Commissioner. The Building Commissioner shall have jurisdiction to determine whether a requested modification to a Site Plan Approval is major or a minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment, or the neighborhood. Where the effect of a modification to a Site Plan Approval is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten-percent or greater variation from the applicable approval; provided, however, that said modification would not result in a violation of any provision of this section (§ 650-36, et seq.). If it is determined that a modification to a Site Plan Approval is not minor, an application for a revised Site Plan Approval shall be filed in accordance with the City Council's Rules for Site Plan Approval.

See § 650-36: Executive Residential Overlay District for complete, detailed information.
See Permitting for information on permits.
See Online Services for information on site plan reviews.