Marlborough Settles With Developer Over 99-Unit Apartment Building

MARLBOROUGH, MA — Marlborough has settled a lawsuit brought by a developer over a proposed 99-unit project that would rise on the site of the former Rowe Funeral Home along Main Street.

Boston-based JW Capital and Harvard-based Marlborough TOTG sued the Marlborough City Council in June 2023 after councilors approved the project — but with an alteration to the number of parking spaces that rendered the project unworkable.

In April 2023, At-Large Councilor Kathleen Robey led a bid to amend the plans to double the number of parking spots to 60. The developer had previously told councilors the project would only be viable at the 99-unit level with 28 parking spots on site. Robey surmised that the developer might reduce the number of units to avoid building the higher number of parking spots.

According to the settlement, the developers have agreed to build a minimum of 80 spaces on site. The developer will also agree not to use a city-owned lot along Bolton Street to meet the 80-space minimum. The developer also agreed to add more brick to the building design and a "distinct top and cornice articulation with emphasized corner."

Councilors do not have to act on the settlement agreement, but will have to vote again on the developer's amended plans for the project. The Land Court lawsuit was dismissed on Thursday, according to court records, after the two sides reached the out-of-court settlement.