City Council – 04/12/2010

DATE 04/13/2010
TIME 7:30 pm
ADA Yes
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

 

CITY OF WOBURN

APRIL 13, 2010 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

 

                                                Anderson Gately
                                                DiTucci Haggerty
Drapeau Mercer-Bruen
                                                Gaffney Raymond -absent

Denaro

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VOTED to dispense with the reading of the previous meeting’s Journal and to APPROVE, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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MAYOR’S COMMUNICATIONS:  None.

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PUBLIC HEARINGS:  

 

On the petition by 88 Winn Street LLC, 89 Winn Street, Woburn, Massachusetts 01801 for two special permits pursuant to 1985 Woburn Zoning Ordinances, as amended, as follows: 1. To allow for accessory storage or parking of commercial motor vehicles under Section 5.1.57b, and 2. To allow for the alteration of an existing use in the Groundwater Protection District under Section 16.6.C, both at 88 Winn Street. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits as follows: “ought to pass, as amended, with the conditions as follows: 1. That the recommendations of the Planning Board dated April 8, 2010 be accepted as conditions of the special permit, 2. That the rear side of the property abutting the access road to the Police Station be solidified with marrify (anti-weed) paper plus six (6) inches minus stone, 3. That the City Council revisit the special permit once per year, and 4. That the special permit be nontransferable.” Appearing for the petitioner was Attorney Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 and he stated that the Planning Board conditions includes the final plan which should be dated 1/27/2010 with a revision date of 3/1/10. Motion made and 2nd that the plan entitled “Proposed Site Plan Murray’s Towing, 88

Winn Street, Woburn, MA” dated 1-27-10 with a revision date 3-1-10- prepared by Duran Associates shall be the plan of record, 8 in favor, 0 opposed, 1 absent (Raymond absent). Alderman Gately stated that the six foot fence must comply with the twenty-five foot setback. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he is in favor. OPPOSED: None. Motion made and 2nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (Raymond absent). Motion made and 2nd that the SPECIAL PERMIT be

GRANTED, AS AMENDED, with the conditions as follows: 1. That the recommendations of the Planning Board be adopted as conditions of the special permit, 2. That the recommendations of the Committee on Special Permits be adopted as conditions of the special permit, and 3. That the plan entitled “Proposed Site Plan Murray’s Towing, 88 Winn Street, Woburn, MA” dated 1-27-10 with a revision date 3-1-10- prepared by Duran Associates shall be the plan of record, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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Motion made and 2nd that the public hearings on the following two petitions be held collectively, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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On the petition by Town Fair Tire Centers of Massachusetts LLC, 460 Coe Avenue, East

Haven, Connecticut 06512 for a special permit pursuant to Section 5.1.22b of the 1985 Woburn Zoning Ordinances, as amended, to allow for a retail establishment between 5,000 square feet to 15,000 square feet (7,600 square feet) at 422-424 Washington Street.  PUBLIC HEARING OPENED. A communication dated April 13, 2010 was received from Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petitions of Town Fair Tire Centers of Massachusetts LLC/422-424 Washington Street, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Please be advised that I represent Town Fair Tire Centers of Massachusetts LLC. On behalf of my client, I respectfully request that the public hearings on the above matters be continued from April 13, 2010 to May 4, 2010. At the Special Permits Committee meeting last evening, the petitions were kept in Committee for further review at its meeting on May 3, 2010. Therefore, the continuance to May 4, 2010 is being requested. Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MAY 4, 2010 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON

SPECIAL PERMITS, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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On the petition by Town Fair Tire Centers of Massachusetts LLC, 460 Coe Avenue, East

Haven, Connecticut 06512 for a special permit pursuant to Section 5.1.44 of the 1985 Woburn Zoning Ordinances, as amended, to allow for an automobile and truck repair garage at 422-424 Washington Street. PUBLIC HEARING OPENED. SEE RECORD

NOTES FROM PRECEDING MATTER. Motion made and 2nd that the PUBLIC

HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MAY 4, 2010 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS: None.

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NEW PETITIONS:

 

Petition by Ambius, Inc., 485 E. Half Day Road, Suite 450, Buffalo Grove, Illinois

60089-8809 for a special permit pursuant to Section 5.1.57b of the 1985 Woburn Zoning Ordinances, as amended to allow for the overnight parking of petitioner’s commercial vehicles at Lot 6C, 29 Draper Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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Petition by Masuco, Inc., 880 Main Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.44 of the 1985 Woburn Zoning Ordinances, as amended, to allow repair and service of autos and medium and small trucks at 921 Main Street Rear. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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Petition by Kraft Foods, Inc., 3 Lakes Drive, Northfield, Massachusetts 60093 to amend an Inflammable License for maximum of 635 gallons LP-gas stored above ground in 1 x 200 gallon stationary tank and 13 x 10 gallon forklift tanks, maximum of 50,000 gallons of #6 fuel oil in AST container, maximum of 50,000 gallons of diesel fuel in AST container, maximum of 115,000 gallons of grease oil in AST container, maximum of 3,000 gallons of Class A liquid flavoring in drums, maximum of 8,500 gallons of Class B liquid flavoring in drums, and 4,000 gallons of Class C oil and liquid flavoring in drums, all at 7 Hill Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Raymond absent). Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING with a copy of the notice to community members who attend Kraft Ad Hoc meetings, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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COMMUNICATIONS AND REPORTS:

 

A communication dated April 2, 2010 was received from Larry Guiseppe, Veterans Director, City of Woburn, and George Poole, Commander, United Veterans Council, City of Woburn, as follows:

 

Ladies and Gentlemen:

 

On behalf of the United Veterans Council of Woburn I would like to invite you to participate in our annual Memorial Day parade and ceremonies on May 31, 2010. The parade will start at the Armory on Main Street, call to order will be at 8:15 a.m.

 

The parade will march from the Armory to Woburn Common for a ceremony, then proceed to Woodbrook Cemetery for a ceremony, a bus will take us to the East Woburn Fire Station where we will muster and march to Calvary Cemetery, with stops at the Jewish Cemetery and Knights of Columbus Memorial.

 

You are additionally invited to the Veterans Services at the Woburn Senior Center, 144 School Street, on Thursday May 27th at 12:30 p.m. and our Memorial Service and breakfast at the Moose Lodge, Federal Street, Sunday May 30th at 10:00 a.m.

 

Please join us for these events to honor those veterans that have served our country, many at great cost. Please feel free to contact George or myself if there are any questions. We look forward to your participation in our tribute.

 

Sincerely, s/Larry Guiseppe, Veterans Director, City of Woburn

s/George Poole, Commander, United Veterans Council, City of Woburn

 

Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     That the public hearing on the proposed amendment to the 1985 Woburn Zoning Ordinances, as amended, relative to floodway and flood plain district maps be scheduled for May 4, 2010.

 

s/President Denaro

 

Motion made and 2nd that the ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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RESOLVED That a communication be forwarded to the City Auditor for a report of the total balance currently being held in the Wireless Communication Study Fund; and

 

That a communication be directed to His Honor the Mayor requesting that action be taken to implement the wireless communication study.

 

s/Alderman Mercer-Bruen and

Alderman Haggerty

 

Alderman Haggerty stated that there should be a plan of places to place these facilities with the least impact on the residents. Motion made and 2nd that the RESOLVE be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010      Returned Unsigned April 21, 2010

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Motion made and 2nd to suspend the rules for the purpose of adding the following late filed matters to the Order of the Day, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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ORDERED     That there be a six (6) month moratorium on the granting of any new taxi

or livery licenses from the effective date of this Order to allow the city to establish a process for implementing the new taxi driver license ordinance, and further that during this period of time the Committee on Ordinances reviews the current ordinances relative to taxi and livery licenses and make recommendations as to any necessary amendments to the ordinances in the interest of promoting and protecting the safety and convenience of the patrons using these services.

 

s/Alderman Mercer-Bruen and

Alderman Gately

 

Motion made and 2nd that the ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010      Returned Unsigned April 21, 2010

 

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RESOLVED Whereas, the Woburn City Council is vested with the responsibility to approve the City of Woburn budget;

 

Now, therefore, Be it Resolved by the Woburn City Council that the

Assessor’s Department, under the direction of the Mayor, provide the City

Council with an estimated Sampling of Assessments/Taxes for Single

Family and the Commercial /Industrial class, assuming a Residential

Factor of .69, based upon the Mayor’s proposed FY 2011 budget; and

 

Be It further resolved that the requested information be provided as part of the FY 2011 budget packet submission to the Woburn City Council.

 

s/Alderman Haggerty

 

Motion made and 2nd that the RESOLVE be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010      Returned Unsigned April 21, 2010

 

************************* COMMITTEE REPORTS:

 

FINANCE:

 

On the Order to appropriate the sum of $4,800.00 from Cemetery Salary Account to Cemetery Over-Time Salary Account, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010                  s/Scott D. Galvin April 15. 2010

 

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On the Order to transfer the sum of $149,586.00 from Sick Leave BuyBack and Police

Holiday Accounts to Police Cruiser Outlay Account, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010                  s/Scott D. Galvin April 15. 2010

 

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On the Order to transfer the sum of $32,512.75 from Medicad Billing Fees Account to Audit Account, GASB #43 Account and Audit/Printer Account, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010                  s/Scott D. Galvin April 15. 2010

 

************************* POLICE AND LICENSES:

 

On the petitions by Abdulla Nasser dba AACO Travel Taxi Svcs, Bombay Taxi, Inc., Saeed Rajabi dba Sky Taxi of Woburn, and Checker Cab of Woburn, Inc., committee report was received “ought to pass with all current conditions”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010                  s/Scott D. Galvin April 15. 2010

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On the petition from Mohamad S. Moharam dba First Cab of Woburn for renewal of a Taxi Cab License, committee report was received “ought to pass with all current conditions and further that if a vehicle is parked overnight in a residential zone the license shall be null and void.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010                  s/Scott D. Galvin April 15. 2010

 

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On the petition from Checker Cab of Woburn, Inc. for renewal of a Livery License, committee report was received “ought to pass with all current conditions”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010                  s/Scott D. Galvin April 15. 2010

 

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On the petition from Lifeline Ambulance Service, LLC for renewal of a Livery License, committee report was received “ought to pass with all current conditions”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010                  s/Scott D. Galvin April 15. 2010

 

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On the petition from Amandeep Singh dba Hi-Fi Limo for renewal of a Livery License, committee report was received “ought to pass with all current conditions”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010                  s/Scott D. Galvin April 15. 2010

 

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On the petition from M&L Transit Systems, Inc. for renewal of Common Carrier License, committee report was received “ought to pass with all current conditions”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010                  s/Scott D. Galvin April 15. 2010

 

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On the petition by GameStop 3315 for renewal for renewal of License to Sell SecondHand and Personal Articles of Value and Collectibles, committee report was received “ought to pass with all current conditions”.  Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010                  s/Scott D. Galvin April 15. 2010

 

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Motion made and 2nd to suspend the rules for the purposes of taking the petition by Mourad Djiar dba ABCE Cab of Woburn for renewal of a Taxi Cab License from the

Committee on Police and Licenses, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Motion made and 2nd that the LICENSE RENEWAL be GRANTED, 8 in favor, 0 opposed, 1 absent (Raymond absent).

Presented to the Mayor: April 15, 2010                  s/Scott D. Galvin April 15. 2010

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Petition by Woburn Cab Company Inc. 100 Ashburton Avenue, Woburn, Massachusetts 01801 for renewal of a Taxi Cab License for twelve (12) vehicles. Motion made and 2nd

that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, 8 in favor, 0 opposed, 1 absent (Raymond absent).

 

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Petition by Woburn Cab Company Inc., 100 Ashburton Avenue, Woburn, Massachusetts

01801 for renewal of Livery License for three (3) vehicles, Motion made and 2nd that the

MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, 8 in favor,

0 opposed, 1 absent (Raymond absent).

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ORDERED     That the sum of $10,000.00 be and is hereby appropriated from the Cemetery Interest Fund to the Burial Sections Account #0149058-586601.

 

I hereby approve the above: William Kerns, Chairperson

I hereby recommend the above: s/Scott D. Galvin

I have reviewed the above: s/Gerald W. Surette, Auditor

 

s/President Denaro

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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Motion made and 2nd to return to the regular order of business, 8 in favor, 0 opposed, 1 absent (Raymond absent).

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Motion made and 2nd to ADJOURN, 8 in favor, 0 opposed, 1 absent (Raymond absent). Meeting adjourned at 7:43 p.m.

 

A TRUE RECORD ATTEST:

 

 

___________________________________

William C. Campbell

City Clerk and Clerk of the City Council

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