City Council – 08/11/2009

DATE 08/11/2009
TIME 7:30 pm
ADA Yes
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

Below is the pasted journal for ADA Compliancy. See attachment to download the full version.

 

CITY OF WOBURN

AUGUST 11, 2009 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Denaro

Gonsalves

                                                Drapeau

Mercer-Bruen

Galvin

Raymond

                                                Gately

Wall

Doherty  _____________

 

VOTED to dispense with the reading of the previous meeting’s Journal and to APPROVE, all in favor, 9-0.

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MAYOR’S COMMUNICATIONS: 

 

A copy of a communication dated August 4, 2009 from His Honor the Mayor Thomas L. McLaughlin to Treasurer and Receiver General Timothy Cahill was received expressing the thanks of the City of Woburn for the recent approval of a Project Funding Agreement that will allow the construction of a new Goodyear School. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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ORDERED     That the Woburn City Council hereby authorizes the Department of Public Works to utilize a Departmental Revolving Fund under M.G.L. Chap. 44, Section 53½ . The Department of Public Works may spend funds received without further appropriation during Fiscal Year 2010 for the purpose of the Liberty Elm Tree Program. The “Liberty Elm Tree Revolving Fund”, is to be credited with all fees, charges and donations not to exceed $10,000.00 received during Fiscal Year 2010 from donations and monies collected. Any remaining balance at June 30, 2010 is to revert to the General Fund, unless the fund is re-established. The “Liberty Elm Tree Revolving Fund” under M.G.L. Chap. 44 Section 53½ must be reestablished on a year-to-year basis. The City Council, upon recommendation of the mayor, must have an annual vote prior to the start of the Fiscal Year. This authorization makes the approved Revolving Fund effective for the ensuing Fiscal Year only.

 

I hereby recommend the above: s/Thomas L. McLaughlin, Mayor

 

s/President Doherty (per request)

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.

 

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ORDERED     That $26,500,000.00 be and is hereby appropriated for the construction,

equipping and furnishing of a new elementary school on the site of the present Goodyear Elementary School at 41 Orange Street, including planning, design and architectural costs, original equipment, and related site improvements including the demolition of the current building, which school facility shall have an anticipated useful life as an educational facility for the instruction of school children for at least 50 years, said sum to be expended under the direction of the School Building Committee; that to meet this appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow $26,500,000.00 under Chapter 44 of the General Laws, Chapter 70B of the General Laws or any other enabling authority; that the City acknowledges that the Massachusetts School Building Authority’s (“MSBA”) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive from the MSBA for the project shall not exceed the lesser of (1) fifty four point twenty one percent (54.21%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA: and that the amount of borrowing authorized pursuant to this order shall be reduced by any amounts received or expected to be received from the MSBA prior to the issuance of any bonds or notes under this order, as well as, any funds appropriated by the City from its Stabilization Fund for this purpose.

 

I hereby recommend the above: s/Thomas L. McLaughlin, Mayor

 

s/Alderman Mercer-Bruen

 

Alderman Denaro stated that the School Committee has to submit a formal request to the

Mayor for this funding and the School Committee also must vote to vacate the Clapp School once the Goodyear School project is completed. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.

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PUBLIC HEARINGS:  

On the petition by NStar Electric Company for a grant of right in a way to install conduit in Mishawum Road northwesterly at pole 30/12 approximately 395 feet west of Commerce Way a distance of about 4 feet. PUBLIC HEARING OPENED. Appearing for the petitioner was Jacqueline Duffy and she stated that this is to provide electric service to a new retail building on Mishawum Road in front of the Woburn Mall, that the conduit will be from the utility pole through the sidewalk, and that she will take the request relative to loose and excess wires on Utica Street and Hawthorne Street to NSTAR. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED, with the condition as follows: That a communication be sent to NSTAR requesting that the loose and excess wires on Utica Street and Hawthorne Street be removed, all in favor 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 20, 2009

 

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On the petition by Alderman Scott Galvin concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 17-19 Franklin Street, Woburn, Massachusetts for the purposes of determining whether said structure or structures are a public nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or other structure, as said terms are used in Massachusetts General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation. PUBLIC HEARING OPENED. Alderman Galvin stated that the house burnt down, that the landowner is working with Building Inspector Thomas Quinn, that the homeowner has engaged an attorney, that the City Solicitor is involved in the matter, that a check in the amount of $40,000.00 has been issued by the bank, that it will cost $120,000.00 to repair the building, that he is not sufficient whether this will be enough to restore the building, and that Building Inspector Quinn will determine whether the building was damaged more than 50%. Attorney Harvey Bazile, 324 Broadway, Box 45245, Somerville, Massachusetts 02145 stated he represents the landowner, that 30% of the funds were received yesterday, that the petitioner has a plan and a contractor to begin the work, that the total work will be $144,000.00, and that there are $120,000.00 available from the bank. Jim Piper, 7 Boyd Road stated that he is the contractor who will perform the work, that the landowner has spent ten months fighting with the insurance company and the bank, that they have agreed on a price to perform the work, that Allen & Major has prepared the structural designs, that the plans are at the Fire Department for approval, that the permit will be filed with the Building Department tomorrow, that he is a general contractor, and that $120,000.00 is not the true figure for the work. Alderman Galvin stated that the matter can be put off for another two weeks to ensure that the plans are filed and approved by the Building Department. IN FAVOR: Mike Pacek, 16 Franklin Street stated that the property was damaged by fire in May 2008, that there had been no corrective action taken until April 2009 when this petition was brought forward, that the grass has been cut once since April 2009, that the trash is not picked up from the property, that there is underage drinking at the property, and that there are unsecured electrical wires hanging from the property. Mr. Pacek offered photographs of the property for the City Council to review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. Alderman Drapeau stated that the photograph appears to show an exposed roof. Mr. Piper stated that he will take care of the roof tomorrow, that it has been the owner’s intention to get the property repaired and to move back in, that it is his intention to repair the house, and that the money for construction has now been received. President Doherty stated that the lawn can be cut without the insurance check. Mr. Piper stated that he will make certain that the grass is cut tomorrow.

OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 1, 2009

and that the landowner secure the electrical wires, trim the bushed, cut the grass and pick up the trash from the property, all in favor 9-0.

 

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On the petition by President Doherty and Alderman Gately to further amend the Zoning Map of the City of Woburn by amending the present zoning district of a certain parcel of land owned by the City of Woburn containing approximately 2.8 acres of land shown on the assessors’ map and designated as 59-26-20, located at 40 Hudson Street and known as Flemming Field and the site of the Clapp Elementary School from the R-2 zoning district to the O-S zoning district. PUBLIC HEARING OPENED. A communication dated August 5, 2009 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re:  Alderman Charles Doherty and Alderman Richard Gately – Flemming Field & Clapp Elementary School– Amend Zoning Map from R-2 to O-S

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on August 4, 2009, the Board voted to forward a favorable recommendation to the City Council to approve the zoning map change from R-2 to O-S for a certain parcel of land owned by the City of Woburn containing approximately 2.8 acres of land as shown on the City of Woburn Assessors Map 59, Block 26, Parcel 20, located at 40 Hudson Street and known as Flemming Field and the site of the Clapp Elementary School. In addition, the Board requests that the City Council consider a future zoning map amendment connecting the OS zone across Arlington Rd. with the proposed OS zone at Flemming Field & Clapp Elementary School.

 

If you have any questions or concerns regarding this matter, please feel free to contact me.

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

President Doherty stated that this will allow the property from the R-2 zoning district to the O-S zoning district, that the School Department does not intend to use the property in the future as a school after the new Goodyear School building is opened, that the city is taking action today to protect the property from development, that the city is also pursuing a Article 97 designation for the property from the Great and General Court, that the Flemming Field will be rebuilt and rededicated, that the intent is to close the school, that the cost of taking down the building will have to be borne by the city, that there is a concern that in the future the city may consider selling the property if the cost of removing the building seemed high, that the School Department has to demonstrate its intent not to use the school building in the future in order to obtain financing, that the O-S zoning district designation is the best alternative for the site, that the O-S designation protects the property from development, and that he will come forward with a proposal to connect the O-S designation across the roadway to the Horn Pond area as recommended by the Planning Board. Alderman Gately stated that this parcel of property is important to the neighborhood, that this will ensure that the land will be used for recreational purposes in the future, and that the Planning Board recommendation can be addressed at a later time. Alderman Drapeau stated that this property will not be open space until the building is removed, that once the Goodyear School is opened this property can be dedicated to recreational use, that the School Department has not as yet voted to turn the property over to the city once the Goodyear School project is completed, that he will not vote for anything until the School Department makes the vote regarding vacating the Clapp School, and that the Alderman are in favor of the O-S zoning designation but will withhold the funding for the Goodyear School if the School Committee does not vote to vacate the Clapp School. Alderman Denaro stated that the School Department has to vacate the use of the building by a vote abandoning the use of the building as a school, and that it will take further action to fund whatever will be done with the property after the building is no longer being used as a school. Alderman Wall stated that he will not vote for funding until the School Committee votes to abandon the use of the building as a school. Alderman Mercer-Bruen stated that a communication could be sent to the School Committee asking that the Members attend the next Committee of Finance meeting concerning the matter. IN FAVOR: Rosa DiTucci, 82 Arlington Road stated that the neighbors took a leap of faith that this O-S zoning district designation could not be completed until after the modular units were installed, that this designation will not solve all of the issues, that the School Committee may in the future decide to use the Clapp School building for administrative offices however the neighbors will keep working to ensure that the promises of the city will be kept to return the property to a public park, that fifty years ago the city decided to use the property for a school, and that the property should now be returned to park use. Mayor Thomas L. McLaughlin stated that he is speaking both as Mayor and as Chair of the Goodyear School Building Committee, that he supports the designation of the property in the O-S zoning district, that the City Council should not hold up this proposal awaiting action of the School Committee, that he is committed as Mayor to having the Clapp School closed in two year and the property returned to park use, that the city is also pursuing designation of the property as Article 97 property, and that the designation as Article 97 property will be more secure than even the O-S zoning district designation. President Doherty asked for a show of hands as to how many people in the public gallery supported the O-S zoning designation. The City Clerk counted eighteen raised hands in response to the question. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor 9-0. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 20, 2009

 

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On the petition by Parmjit Singh Bhatti, 470 Main Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.29 of the 1989 Woburn Zoning Ordinances, as amended, to allow fast food at 470 Main Street. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits as follows: “that the petition be denied.” No one appeared on behalf of the petitioner. Alderman Drapeau filed a Certification pursuant to Massachusetts General Laws Chapter 39, Section 23D.

Alderman Galvin filed a Certification pursuant to Massachusetts General Laws Chapter 39, Section 23D. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor 9-0. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

 

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On the petition by M&L Transit Systems, Inc., 60 Olympia Avenue, Woburn,

Massachusetts 01801 for a special permit to amend a special permit dated April 27, 2000, as amended by a special permit dated October 17, 2002, pursuant to 1985 Woburn Zoning Ordinances, as amended Sections 5.1.44, 5.1.69 and 7.3 to allow for the alteration and extension of the existing nonconforming use to allow for a commercial vehicle inspection bay and commercial vehicle wash bay at 60 Olympia Avenue.  PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits as follows: “back for action.” A copy of a communication dated August 4, 2009 from Brett F. Gonsalves, Senior Engineer to Edmund Tarallo, Planning Director was received as follows:

 

Subject: 60 Olympia Avenue Truck Wash and Vehicle Inspection Station Special Permit

– Special Permit Application Dated June 15, 2009 – Parking Plan Dated August 29, 2002 – Site Improvements Plan Dated August 3, 2009 – Response Memo from Applicant’s Engineer  Dated August 3, 2009 – Previous Memo Dated June 22, 2009

 

The applicant is seeking a special permit under section 5.1 and 7.3 to allow for the alteration and extension of an existing non conforming use to allow for a commercial vehicle inspection bay and commercial vehicle wash bay at the above referenced location.

 

Upon review of all the subject matter, the only outstanding item that has not been addressed was the comments back from DEP and MWRA with regards to the permitting. The applicant’s engineer stated in the response memo that it was their understanding that the oil/water separator was to MWRA standards and once they had confirmed this with the MWRA/DEP the city will be copied on all correspondence and permits. This should not hold up the approval process and the remaining information can be submitted prior to issuance of an occupancy permit.

 

All other comments from our previous memo dated June 22, 2009 have been addressed.

 

If you or the board have any questions concerning this information, do not hesitate to contact this office.

 

A communication dated August 5, 2009 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re    M&L Transit Systems, Inc. – 60 Olympia Avenue – To amend the Special Permit dated April 27, 2000 and amended October 17, 2002 to allow for the alteration and extension of the existing nonconforming use for a commercial vehicle inspection bay and wash bay pursuant to Sections 5.1.44 and 5.1.69

 

Dear Mr. Campbell and members of the City Council:

 

At the meeting held on August 4, 2009, the Planning Board voted to forward a favorable recommendation to the City Council on the Special Permit application of M&L Transit Systems, Inc., to amend the Special Permit dated April 27, 2000 and amended October 17, 2002 to allow for the alteration and extension of the existing nonconforming use for a commercial vehicle inspection bay and wash bay pursuant to Sections 5.1.44 and 5.1.69 regarding the property at 60 Olympia Avenue.

 

If members of the City Council have any questions or concerns regarding the foregoing recommendation, please feel free to contact me.

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he offered a proposed set of conditions to the City Council for review as follows:

 

PROPOSED CONDITIONS M&L TRANSIT SYSTEMS INC.

60  OLYMPIA AVENUE

WOBURN, MA

  1. Condition 1 of the Landowner’s Decision and Notice of Special Permit dated October 17, 2002 (the “Special Permit”) shall be deleted and replaced with:

 

“The plan of record shall be the plan entitled “Parking Plan, 60 Olympia Avenue, Woburn, MA 01888.  Prepared by Allen & Major Associates Inc., Sheet No. TM-1; dated August 29, 2002, as revised on September 4, 2002, September 11, 2002, September 24, 2002, August 4, 2009 and August 11, 2009 (hereinafter referred to as the “Plan”).”

 

  1. Condition 9 of the Special Permit shall be deleted and replaced with the following:

 

“That in addition to the sale, leasing and accessory repair, service and cleaning of the Petitioner’s sixty (60) commercial vehicle buses, the Petitioner shall be allowed to operate on the Premises a commercial vehicle inspection bay (including accessory repair on inspected vehicles) and a commercial vehicle wash bay.  The use of both the commercial vehicle inspection bay and commercial vehicle wash bay shall be limited to commercial vehicles having a properly issued commercial vehicle plate.”

 

  1. The Petitioner shall install the directional signage and striped white lines (SWL) as shown on the Plan.

 

  1. The hours of operation for the commercial inspection bay and commercial vehicle wash bay for non-Petitioner commercial vehicles shall be Monday through Friday, 7:00 a.m. to 6:00 p.m.

 

  1. All other conditions set forth in the Landowner’s Decision and Notice of Special Permit dated April 27, 2000 as amended by Landowner’s Decision and Notice of Special Permit dated October 17, 2002 are incorporated herein by reference.

 

Motion made and 2nd that the document containing the proposed conditions be accepted and made part of the record, all in favor, 9-0. Tim Williams, Allen & Major Associates, Inc., 100 Commerce Way, Woburn stated that the plan was revised following the committee meeting, that the trucks will travel around the building in a clockwise manner, and that they have addressed all of the comments of the committee. IN FAVOR: Matt Petrini, 283 Washington Street stated that he has worked for the company for eleven years and that he supports the petition. Steve Mate, 3 Albert Drive stated that he has been employed by the petitioner for more than twenty years, that the proposed used will help stabilize the finances of the company, and that he supports the petition. Luiz Hernandez, 949 Main Street stated that he has worked for the petitioner for three years, and that the proposed use will create new job opportunities for local residents. OPPOSED: None. Alderman Drapeau filed a Certification pursuant to Massachusetts General Laws Chapter

39, Section 23D. Alderman Galvin filed a Certification pursuant to Massachusetts General Laws Chapter 39, Section 23D. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the amendments as follows: 1. That in proposed

Condition 3 the words “and maintain” shall be added after the words “shall install” and before the words “the directional signage”, 2. That in proposed Condition 2 replacing Condition 9 the word “a” shall be deleted in the new Condition 9 before the words in the first sentence “commercial vehicle inspection bay” and before the words in the first sentence “commercial vehicle wash bay” and replaced in both places with the word “one” and the words “within the existing service bays” shall be added at the end of the first sentence following the words “commercial vehicle wash bay”, and 3. That the site plan of record set forth in proposed Condition 1 shall be the site plan of record, all in favor, 9-0.

 

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On the petition by Anthony K. Paone, Trustee of Harrison Avenue Realty Trust, 141

Sylvester Avenue, Winchester, Massachusetts 01890 for a special permit pursuant to Sections 5.1.71 and/or 5.1.72, 5.5 and 8.3.2 to finish grading and filling of lot and to utilize same for parking purposes, for rental to other businesses, on a commercial basis at

7 Harrison Avenue. PUBLIC HEARING OPENED. A copy of a communication dated August 4, 2009 from Brett F. Gonsalves, Senior Engineer to Edmund Tarallo, Planning Director was received as follows:

 

Subject:  7 Harrison Avenue – Commercial Parking & Earth Removal & Filling Special Permit – Previous Memo Dated June 8, 2009 – Special Permit Application

Dated may 4, 2009 – Plot Plan Dated November 6, 2008 – Proposed Grading

Plan Dated August 8, 2008 – Proposed Parking Lot Plan Dated June 22, 2009 – Revised Parking Lot Plan Dated July 14, 2009

 

This office has reviewed the subject materials for the above referenced project and offers the following comments.

 

The applicant is seeking permission to allow for the parking of commercial vehicles at the above referenced location as well as earth removal and filling.

 

The applicant has submitted a parking lot plan in conjunction with the special permit application for review. The subject property is located within a groundwater protection district and will need to comply with section 15 of the Woburn Zoning Ordinance. A narrative from the applicants engineer outlining how this property will comply with stormwater management regulations and groundwater protection requirements will need to be submitted to this office.

 

The parking plan has a narrative on the operation and maintenance requirements to which this office takes no exception to.

 

The plan shows an ingress/egress along the south westerly portion of the site onto a bituminous concrete driveway. This private drive way is owned by the Middlesex Canal Historical Society. The applicant should demonstrate that he has rights to use this roadway for the intended purpose.

 

The plan shows a proposed invert elevation on an existing drain manhole near Harrison Avenue. The plan does not show any other proposed utility information to ascertain what purpose this is serving. Additional utility information is needed to show what the applicant’s intent is.

 

The property line information should be shown on the plan in order to determine whether the parking setbacks conform to zoning regulations.

 

If you or the board have any questions concerning this information, do not hesitate to contact this office.

 

A communication dated August 4, 2009 was received from Attorney Robert F. Matson, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 as follows:

 

Re: Anthony K. Paone, Trustee of Harrison Avenue Realty Trust

7 Harrison Avenue, Woburn, MA

 

Dear Mr. Campbell:

 

Please consider this letter a request to extend the above referenced matter, scheduled for the Committee on Special Permits on August 10, 2009, and the City Council on August 11, 2009, until their next scheduled dates.

 

As reason, the Planning Board meeting scheduled for August 4, 2009 has been continued until September 8, 2009, pending a resolution of outstanding matters raised by the City Engineer and review by the director of the Planning Board.

 

I thank you for your consideration.

 

Very truly yours, s/Robert F. Matson

 

Motion made and 2nd that the communication be received and made part of the record, all in favor, 9-0. A report was received from the Committee on Special Permit as follows: “That the matter be left in committee.” Alderman Drapeau filed a Certification pursuant to Massachusetts General Laws Chapter 39, Section 23D. Alderman Galvin filed a Certification pursuant to Massachusetts General Laws Chapter 39, Section 23D. IN

FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 15, 2009 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

 

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On the petition by Fabio A. de Souza, 12 Sheridan Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.44 of the 1985 Woburn Zoning Ordinances, as amended, to allow auto repair at 235 Salem Street. PUBLIC HEARING OPENED. A copy of a communication dated August 4, 2009 from Brett F. Gonsalves, Senior Engineer to Edmund Tarallo, Planning Director was received as follows:

 

Subject: 235 Salem Street Automobile and Truck Repair Garage Special Permit – Special Permit Application Dated June 22, 2009 – Plot Plan Dated January 13, 1994

 

This office has reviewed the special permit application for the above referenced project and offers the following comments.

 

The applicant is seeking permission to allow for an automobile and truck repair garage at the noted location. The accompanying plot plan shows the existing buildings and property lines; however it does not indicate the location or the number of parking spaces that are sought after.

 

The applicant should submit a plan showing the location of the parking spaces and the location that are associated with the proposed use.

 

The applicant should also consult with the plumbing inspector to determine whether the existing facilities has the appropriate grease traps or floor drains to accommodate the intended use.

 

If you or the board have any questions concerning this information, do not hesitate to contact this office.

 

Appearing for the petitioner was Edwardo DeOliveira and he stated that he has provided information to the Planning Board and the City Engineer, that the petitioner will be moving the business from Montvale Avenue to this location, and that the rent at this location is lower and the building is better suited for the proposed use. Mr. DeOliveira offered photographs to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. IN FAVOR: None.

OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED

TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 15, 2009

AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL

PERMITS, all in favor 9-0.

 

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On the petition by President Charles Doherty to amend the 1985 Woburn Zoning

Ordinances, as amended, by establishing a new Section 23 entitled Commerce Way

Corridor Overlay District as set forth in the petition (Clerk’s Note: See City Council

Journal dated July 10, 2008 for a full recitation of the text of the ordinance).  PUBLIC HEARING OPENED. A report was received from the Committee on Ordinances as follows: “That the Planning Director be requested to provide a presentation of the proposal to the City Council at its Regular Meeting on September 15, 2009.” President Doherty stated that following the committee meeting amendments will be made to the proposal which will be forwarded to ZORC, that the matter will be republished for hearing on September 15, 2009, and that the map is prepared and will be available. IN

FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 1, 2009 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor 9-0.

 

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On the petition by Alderman Scott Galvin to further amend the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. By adding at the end of Section 7.1.5, the following “… except for small-scale additions per New Section 7.1.7.” 2. By adding at the end of Section 7.1.6, the following “… except for small-scale additions per New Section 7.1.7.” 3. By adding a new Section 7.1.7, “to any small-scale alterations, additions, or renovations to a single or two-family dwelling on a residentially zoned lot, which does not cause an intensification of the existing non conformity.  In addition, there must be no further reduction of any legally existing setbacks and no further conflicts with the table of dimensional regulations (excluding ground coverage and useable open space).  Examples of said small-scale alterations, additions, or renovations that do not cause an intensification of the non-conformity are; attached garages, enclosed porches, decks and family rooms.” And by further deleting the following:  “A residential structure, used as a residence, and conforming to the zoning district in which it lies, shall not be non conforming by virtue of the lot on which it sits comprising less than the existing

minimum square footage for the district.” PUBLIC HEARING OPENED. A communication dated August 5, 2009 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re:  Alderman Scott Galvin – Zone Change – Section 7.1 regarding small-scale additions to single and two family dwellings

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on August 4, 2009, the Board voted to forward a favorable recommendation to the City Council regarding the proposed zoning amendments to Section 7.1 regarding small-scale additions to single and two family dwellings proposed by Alderman Galvin with the following change: eliminating the words “New Section” in the proposed amendments to Sections 7.1.5 and 7.1.6 and replacing them with the word “subsection”.

 

If you have any questions or concerns regarding this matter, please feel free to contact me.

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Alderman Galvin stated that this proposal concerns substandard lots, that although additions will not encroach any further a Board of Appeals filing was required, that variances were no longer being freely granted although special permits could be obtained from the City Council, the special permit process for these alterations were transferred to the Board of Appeals, that this proposal will not cause any further intensification of the nonconformity, that this will save time and money for property owners, that if the addition would not meet the current setback then it would require a special permit, that the building can move to current standards but no more, and that the addition cannot exceed the current nonconformity. President Doherty stated that he is concerned that a property owner can take a two family dwelling and convert to a three unit dwelling, and that requiring the property owner to come before the City Council or the Board of Appeals the city can determine whether the house includes illegal units. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the ORDER be ADOPTED, AS AMENDED with the amendment as follows: 1. That the words “or two family” be deleted from Section 7.1.7, all in favor 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 20, 2009

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

 

ORDINANCES:

 

On the Order to amend Title 5, Article V, Sections 5-30 through 5-39 relative to transient vendors, hawkers and peddlers, committee report was received with the form or ordinance and report as follows:

 

Be It Ordained by the City Council of the City of Woburn that Title 5, Article V, Sections 5-30 through 5-41 relative to transient vendors, hawkers and peddlers, be deleted and new Sections 5-30 to 5-41 be inserted in their place as follows:

 

V. TRANSIENT VENDORS, HAWKERS AND PEDDLERS

 

5-30 Definitions.

 

“Hawker and peddler”: any person, either principal or agent, who goes from place to place within the City selling or bartering, or carrying for sale or barter or exposing therefore, any goods, wares or merchandise, either on foot, on or from any vehicle.

 

“Transient vendor”: any person, either principal or agent, who engages in a transient business selling goods, wares or merchandise, either in one locality or in traveling from place to place.

 

“Transient business”:, any exhibition and sale of goods, wares or merchandise which is carried on in any tent, booth, building or other structure, unless such place is open for business during usual business hours for a period of at least twelve consecutive months.

 

5-31 License required—Exceptions.

 

No person shall go place to place in this City selling goods, wares, or merchandise or establish a transient business, as defined above, unless duly licensed by the Director of Standards of the Commonwealth and/or licensed by the City of Woburn except for those articles permitted to be sold without a license under MGLA, c. 101,§ 16 & 17.  These regulations shall not apply to any City of Woburn resident selling second-hand goods at a yard sale or garage sale at his or her own residence provided that the sale of items does not exceed two days, nor shall the regulations apply to any members of, or agent of, a not-for-profit organization incorporated under Chapter 180 of Massachusetts General Law. Persons acting on behalf of not-for-profit organizations must notify the Office of the City Clerk of their intent to sell goods, wares, or merchandise prior to conducting any such transactions in the City. A sign or badge displaying the name of the not-for profit  organization benefiting from the fundraising sales must be visible during all such transactions.

 

5-32 Procedures for state license holders.

 

A transient vendor, hawker or peddler who has obtained a license from the Director of Standards of the Commonwealth may not sell, or offer or expose for sale, any of the articles enumerated in Section 17, Chapter 101 of the General Laws, or any acts in 5-14 amendment thereof or in addition thereto, until he or she has recorded his or her name, residence, phone number and a  brief description of the business to be conducted within the City with the Office of the City Clerk and provided a copy of his or her state license. Nothing in the ordinance codified in this part shall be construed as conflicting with any license issued under the authority of the commonwealth.

 

5-33  Procedures for obtaining a transient vendor, hawker or peddler license from the City of Woburn.

 

The City Clerk shall have authority to grant a license to any person of good repute for morals and integrity, who is, or has declared his intent to become, a citizen of the United States, upon the approval of the Chief of Police, and where applicable, the Sealer of Weights and Measures and the Board of Health.  Persons not licensed by the state shall make an application to the Office of the City Clerk, on a form containing the following information: The applicant’s name, type of license (transient vendor or hawker/peddler), signature, home address, the name and address of the owner or parties in whose interest the business is to be conducted, their business address and phone number, cellular telephone numbers for the applicant and business; a brief description of the business to be conducted within the City; the applicant’s social security number; the description and registration of any motor vehicles used by the applicant; their sales tax number, and whether the applicant has ever been charged with a felony. The applications shall be made under oath.

 

A licensing fee in the sum of $200 shall be payable to the City of Woburn at the time of application.

 

The Chief of Police shall approve the application within 3 business days of its filing unless he determines either that the application is incomplete, or that the applicant is a convicted felon, or is a fugitive from justice.

 

No person shall receive a license, as provided in this part, until he presents a certificate from the sealer of weights and measures stating that all weighing and measuring devices intended to be used by such person have been duly inspected and sealed as required by law. The use of, or possession by such person with intent to use, any false or unsealed weighing or measuring devices shall be sufficient cause for the revocation of his license, or the cancellation of his registration.

 

Any food selling requires approval from the Board of Health.

 

5-34 Expiration and Revocation of licenses.

 

The licenses, unless sooner revoked by the City Council for due cause after hearing, shall expire one year after the granting thereof.

 

5-35 Number to be displayed on badge.

 

Every transient vendor, hawker and peddler licensed by the City of Woburn shall be assigned a number and shall wear a badge in a conspicuous place of such type and design as may be approved by the City Clerk, and which shall contain his number, photograph and the words “hawker”  “peddler” or “vendor “and “Woburn

 

5-36 Vehicles to bear number and expiration date of license.

 

Every vehicle or other receptacle used by a licensee as a conveyance for articles offered or exposed for sale by him shall have attached to it on each side a number plate of such type and design as may be approved by the City Clerk, and bearing the number and the date of expiration of the license.

 

5-37 License to be signed–Exhibit of license on demand.

 

Every person licensed as described in this part shall endorse his usual signature upon his license. Any licensee who fails, neglects or refuses to exhibit his license when the same is demanded of him by a police officer shall be subject to the same penalty as if he had no license.

 

5-38 Conduct of business.

 

All transient vendors, hawkers and peddlers, whether licensed by the State or the City of Woburn, shall be governed by the following restrictions unless otherwise noted and must further comply with the provisions of M.G.L. Ch. 101:

 

No person hawking, peddling or carrying or exposing any articles for sale shall cry his wares to the disturbance of the peace and comfort of the inhabitants of the City, nor carry or convey such articles in any manner that will tend to injure or disturb the public health or comfort nor otherwise than in vehicles and receptacles which are neat and clean and do not leak. (Prior Ch. 22 sec. 2(D)).

 

Hawkers and peddlers may only remain stationary for fifteen minutes at any given location to sell their goods, wares, and merchandise on public land, including without limitation, public streets, public parks, public parking lots, public playgrounds, and public ways. Between such transactions, hawkers and peddlers shall be moving at all times. For vendors on foot, moving shall be walking in a normal manner along a street, path or way with all goods, wares, and merchandise, or service. For vendors operating from vehicles, moving requires the vehicle to be driven along a street, path or way, stopping only to service customers and allow traffic to pass.

 

Transient vendors may not sell goods, wares, or merchandise on public land, including without limitation, public streets, public parks, public parking lots, public playgrounds, and public ways.

 

Transient vendors may sell goods, wares, merchandise or services at fixed locations on private commercial property only if such property is properly zoned for such activities and the vendor has written permission to conduct such transactions from the owner of the private land.

 

Transient vendors may not sell goods, wares, merchandise or services on residential property.

 

All transient vendors, hawkers and peddlers shall clearly and prominently post prices for all foods, beverages, goods, merchandise and services offered for sale.

 

Transient vendors, hawkers and peddlers are prohibited from selling or offering goods, wares, merchandise or services between the hours of 8:00pm to 6:00 am.

 

Transient vendors, hawkers and peddlers shall provide suitable receptacles for the placement of any trash and litter that may be expected to result from the sale of their wares and shall remove said trash and litter.

 

5-39 Penalties for violation.

 

Whoever violates any of the provisions described in this part (Sections 5-30 – 5-40), shall be subject to the following fines issued by the Police Department: a. $ 150 for the first offense

b. $200 for each subsequent offense”.

 

“ought to pass, as amended, with the amendments as follows: 1. That the licensing fee in Section 5-33 be reduced from $200.00 to $100.00, and 2. That a sixth paragraph be added to Section 5-33 stating as follows: ‘The City Clerk shall issue to the transient vendor, hawker or peddler, a decal or sticker containing the vendor number and expiration date which shall be affixed to the vehicle used by the transient vendor, hawker or peddler in the transaction of business.’” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, AS AMENDED, with the amendment as follows: 1. That Section 5-39 be amended by striking the words ‘fines issued by the Police Department’ and to insert in its place the following words ‘civil penalties enforceable by the Police Department’, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 20, 2009

 

*************************

On the communication dated July 7, 2009 from His Honor the Mayor Thomas L. McLaughlin, the committee report was that the following Order be returned “back for action and that a public hearing be held on the matter at the Regular Meeting on August 11, 2009:

 

ORDERED     That the city of Woburn amend its local room occupancy excise under G.L. c. 64G, §3A to the rate of six (6) percent.

 

s/Alderman Gately

 

Motion made and 2nd that the public hearing be continued to Special Meeting of the City Council to be called for this matter, all in favor, 9-0.

 

************************* FINANCE:

 

On the Order to transfer the sum of $150,000.00 from BLS Receipts Account to Fire Ambulance Salary Account and Ambulance Maintenance Account, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 13, 2009

 

*************************

On the Order to transfer the sum of $165,000.00 from ALS Ambulance Receipts Account to Ambulance Account and Jaws Replace Account, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 13, 2009

 

*************************

On the Order to appropriate the sum of $30,000.00 from City Stabilization Fund Account to Leland Park Account for Weston &Sampson site evaluation, committee report was received “that the matter be given leave to withdraw.” Motion made and 2nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, all in favor,

9-0.

 

************************* MUNICIPAL LANDS:

 

On the petition relative to release of fee interest/retention of sewer easement/Rainin Road property, committee report was received “back for action.” Motion made and 2nd that the form of “Quitclaim Deed and Reservation of Easement” received from counsel for the petitioner Attorney G. Michael Peirce be submitted to the City Solicitor and City Engineer for comments and that the MATTER be REFERRED TO THE COMMITTEE ON MUNICIPAL LANDS, all in favor, 9-0.

 

*************************

On the petition to discontinue a portion of Central Street near the Goodyear School, the committee returned the following three matters to the City Council with the recommendation that each “ought to pass.”

 

ORDERED That the City Council hereby declares that the parcel of land shown as

“Area of Proposed Discontinuance of Central Street” on a plan entitled

“Discontinuance Plan Portion of Central Street Montvale Ave – Orange

Street, Woburn, Massachusetts,” dated March 30, 2003, prepared by the

City of Woburn Engineering Department, currently held by it for public way purposes, is no longer needed for such purposes.

 

s/Alderman Mercer-Bruen

 

Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 20, 2009

 

*************************

RESOLVED That the City Council of the City of Woburn hereby determines that common convenience and necessity require, and hereby votes to accept, the relocated and altered layout of a portion of Central Street, as laid out by the City Council, and to include within the layout of Central Street the parcel of land shown as “Central Street” on a plan entitled

“Discontinuance Plan Portion of Central Street Location Montvale Ave – Orange Street Woburn, Massachusetts,” dated March 30, 2003, prepared by the City of Woburn Engineering Department, on file with the City Clerk, and to exclude from the layout of said way the parcel of land shown as “Area of Proposed Discontinuance of Central Street” on the abovementioned plan; and, further, the City Council hereby transfers the care, custody, management and control of the aforesaid discontinued parcel of land, which parcel is no longer required for public way purposes, from the City Council for public way purposes to the School Committee for school purposes; or take any other action relative thereto.

 

s/Alderman Mercer-Bruen

 

Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 20, 2009

 

*************************

Order of Relocation and Alteration of Layout of a Portion of Central Street

 

ORDERED     Whereas, the City Council of the City of Woburn, acting pursuant to G.L.

c.82, §§21-24, having deemed that common convenience and necessity require the relocation and alteration of the layout of a portion of Central Street as a public way, hereby relocates and alters the portion of Central Street to include within the layout of Central Street the parcel of land shown as “Central Street” on a plan entitled “Discontinuance Plan Portion of Central Street Location Montvale Ave – Orange Street Woburn, Massachusetts,” dated March 30, 2003, prepared by the City of Woburn Engineering Department, on file with the City Clerk, and to exclude from the layout of said way the parcel of land shown as “Area of Proposed Discontinuance of Central Street” on the above-mentioned plan.

 

Whereas the boundaries of said way as thereby relocated, altered and laid out are shown on the aforesaid plan, which plan was referred to the Planning Board and the Committee on Municipal Lands/Highways and is hereby adopted as a part of this Order, and all land lying within the boundaries of Central Street is hereby laid out as a City way, and the parcel of land lying outside the boundaries of Central Street and shown as “Area of Proposed Discontinuance of Central Street” on the abovereferenced plan is to be discontinued as a City way.

 

The aforementioned relocation and alteration of layout plan is hereby forwarded to the City Clerk for filing and the foregoing layout relocation and alteration are hereby accepted.

 

s/Alderman Mercer-Bruen

 

Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 20, 2009

_________________________

 

NEW PETITIONS:

 

Petition by NSTAR Electric, 101 Linwood Street, Somerville, Massachusetts 02143 to change the name on an Inflammable License to store inflammable fluids on Cove Street from Boston Edison Company to the new name NSTAR Electric Company. Motion made and 2nd that the NAME CHANGE ON THE INFLAMMABLE LICENSE be APPROVED, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 20, 2009

 

*************************

Petition by Atlantic Express Transportation Group, Inc., 280 Salem Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Sections 5.1.57b  and 7 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the parking of petitioner’s commercial vehicles at 280 Salem Street. Motion made and 2nd that the MATTER be

REFERRED TO PUBLIC HEARING AT THE REGULAR MEETING OF

SEPTEMBER 15, 2009, all in favor, 9-0.

_________________________

 

COMMUNICATIONS AND REPORTS:

 

Charles L. O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:

 

In accordance with Massachusetts General Laws Chapter 90, Section 20½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending June 2009: number of parking violations issued 963, number of violations paid 519, number of violations outstanding 347, amount collected and submitted to the Office of the Collector $30,965.80. There exists a backlog of 4,783 tickets for 1982 through 2008. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $5,550.00.

 

Respectfully submitted, s/Charles L. O’Connor, Parking Clerk City of Woburn

 

Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

*************************

A communication dated August 4, 2009 with attachments was received from Joanne Collins, Director, Woburn Council on Aging along with the minutes of the July meeting of the Council on Aging and the Director’s report for the month of July. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

*************************

A communication dated July 27, 2009 was received from Attorney Michele E. Randazzo,

Kopelman and Paige, P.C. relative to amendments to the Americans with Disabilities Act

(ADA). Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON

FILE, all in favor, 9-0.

 

*************************

A communication dated August 6, 2009 was received from Attorney Lauren F. Goldberg, Kopelman and Paige, P.C. relative to provisions of the FY2010 State budget applicable to municipalities. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

*************************

A communication dated August 6, 2009 was received from Attorney John W. Giorgio,

Kopelman and Paige, P.C. relative to Chapter 30 of the Acts of 2009 Exceptions to Public Construction Laws. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

*************************

A communication dated July 16, 2009 was received from Building Inspector Quinn,

Inspectional Service Department relative to a special permit to allow sale of used cars at

183 Cambridge Road. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON SPECIAL PERMITS, all in favor, 9-0.

 

*************************

A communication dated July 2009 was received from His Excellency the Governor Deval L. Patrick relative to the 2020 Commonwealth Capital Policy “an initiative that uses state funding as an incentive for municipalities to work toward achieving consistency with the Commonwealth’s Sustainable Development Principles. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0. *************************

A communication dated July 2009 was received from the U.S. Environmental Protection Agency entitled “W.R. Grace (Acton Plant) Superfund Site Community Update”

regarding activities ongoing at the W.R. Grace Superfund site in Concord and Acton, Massachusetts. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

*************************

Alderman Wall stated that he would abstain from voting in the following matter to avoid a possible conflict and left the Council Chamber.

 

*************************

A communication dated July 31, 2009 was received from Attorney John D. McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 as follows:

 

Re: Request for modification of special permit

Applicant: Robert W. Murray, Trustee of 330 Lexington Street Realty Trust        Premises: 330 Lexington Street, Woburn, MA

 

Dear Members of the City Council:

 

As you know, your Honorable Body recently granted a Special Permit to the above named applicant for the development of ten townhouse units at the above referenced property, subject to various conditions.

 

Circumstances have now presented themselves whereby the developer believes it is in the best interests of the development to downsize the number of  units from ten to eight, albeit with each of the units being slightly larger. The essential layout and location of the common driveways, guest parking, and location of the structures remains essentially the same, with only slight modifications. In addition, the end unit will still be turned to face Lexington Street, in accordance with the previous plans and conditions of the approval.

 

I am enclosing herewith a revised site plan on which is shown both the old layout of the ten units (marked in blue), and the new layout of the eight units (marked in red), so you can easily compare and see that the essential design of the project has remained unchanged. Also attached are renderings showing the style of the proposed townhouses, which are again are essentially unchanged except that they are slightly larger units, with more space between the driveways than on the previous plans.

 

Given that the number of units are decreasing, and that the layout and roadway are essentially the same, we believe that there would be less impact on traffic and infrastructure issues.

 

We are hopeful that the Council will consider accepting these plans and this letter as a minor modification and amendment to the previously issued Special Permit. Except as changed by this plan, all conditions of the Special Permit would still apply, including the affordable housing requirements of Section 11.11 of the ordinance.

 

If the Council is agreeable, we would ask for a vote to accept these plans as the new plan of record, subject to all previously imposed conditions.

 

Thank you for your courtesy and cooperation. I will be present at your meeting on August 11, 2009 in the event there are any questions with respect to this request.

 

P.S. Also attached for your edification is a copy of the previously issued Special Permit.

 

Sincerely, s/John D. McElhiney

 

Attached thereto was an artist’s rendering entitled “Front Elevation – Building A – Lexington Street Townhouses, Woburn, MA” dated July 2, 2009 prepared by Maugel

Architects, Inc., an artist’s rendering entitled “Side Elevation – Building A – Lexington

Street Townhouses, Woburn, MA” dated July 28, 2009 prepared by Maugel Architects,

Inc., a copy of the Landowner’s Decision and Notice of Special Permit dated June 11, 2009 issued to Robert W. Murray, Trustee of 330 Lexington Street Trust, and a plan entitled “Plan of Land in Woburn and Lexington, 330 Lexington Street, Middlesex County, Massachusetts” dated January 30, 2009, revised July 28, 2009 prepared by Commonwealth Engineering, Inc. Motion made and 2nd to suspend the rules for the purposes of hearing from Attorney McElhiney. Attorney McElhiney stated that the driveway, roadway and appearance will be the same, that the market is driving the change to somewhat larger units, that all the conditions of the special permit can be met, that one or two extra bedrooms will be gained in the entire development, and that these will be single family condominium units. Alderman Drapeau stated that there was no opposition to the ten units and there would be not opposition to eight units which is a reduction. Motion made and 2nd to return to the regular order of business, all in favor, 9-0. Motion made and 2nd that the modification to the special permit be approved according to the plan of record a plan entitled “Plan of Land in Woburn and Lexington, 330 Lexington Street, Middlesex County, Massachusetts” dated January 30, 2009, revised July 28, 2009 prepared by Commonwealth Engineering, Inc., 8 in favor, 1 absent (Wall absent).

 

************************* Alderman Wall returned to the Council Chambers.

 

*************************

A confidential communication dated May 5, 2008 was received from Attorney Jonathan Silverstein, Kopelman and Paige, PC relative to pending litigation, namely A.L. Prime Energy v. City Council of the City of Woburn, et. al., Land Court No. 08-MISC-370678. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON

LIAISON, all in favor, 9-0.

*************************

A communication was received from Jacquelyn Miller, 3 Harvard Street requesting enforcement of dog and litter regulations in the Horn Pond conservation area. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE with a copy to the Chief of Police adding to the concerns the enforcement of the leash law and feeding of waterfowl, all in favor, 9-0.

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS: 

 

A communication dated July 20, 2009 was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

Re: John Franson – Historic District Commission

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint John Franson of 89A Pleasant Street as an alternate member of the Historic District Commission for a period of three years.

 

Mr. Franson’s appointment will be effective on the date of confirmation by the City Council; Mr. Franson’s appointment term will expire three years from that date.

 

If you have any questions, please feel free to contact me.

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, all in favor, 9-0.

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED   That the Superintendent of the Department of Public Works and/or the

City Engineer forward to the City Council a copy of the Intermunicipal Agreement between the City of Woburn and the Town of Burlington regarding the sewer connection in the Cummingsville area of the city and the MWRA flow records for the Burlington and Woburn meters to Horn Pond for the last three years.

 

s/Alderman Wall, Alderman Gately

and President Doherty

 

Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 20, 2009 *************************

ORDERED     WHEREAS, there presently exists a structure or structures located in the City of Woburn, Massachusetts known and numbered as 14 Felton Street; and

 

WHEREAS, the condition of said building or buildings has been allowed to deteriorate and the property is generally not being maintained;

 

NOW, THEREFORE, BE IT ORDERED be the City Council of the City of Woburn that the City Clerk and Clerk of the City Council schedule a public hearing pursuant to Mass. General Laws Ch. 139, Sec. 1, et. seq., and give notice thereof to the owner of said building or buildings, said hearing to be conducted for the purposes of determining whether said building or buildings are a nuisance, a nuisance to the neighborhood, dilapidated or dangerous building or buildings or other structure or structures, as said terms are used in Mass. General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation.

 

s/Alderman Mercer-Bruen

 

Motion made and 2nd that the ORDER be ADOPTED and that a public hearing be scheduled, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 24, 2009

 

*************************

ORDERED     That a Committee on Liaison meeting be scheduled with the City Engineer and the Superintendent of the Department of Public Works to determine the reason for hiring an engineer from Weston & Sampson Engineers, Inc. at the rate of $105.00 per hour to oversee various pipe relining projects and water main replacements as this work has historically been handled by the Superintendent of the Department of Public Works and the City Engineer at no extra cost to the city of Woburn.

 

s/Alderman Galvin

 

Motion made and 2nd that the ORDER be ADOPTED and the matter be referred to the Committee on Liaison, all in favor, 9-0.

 

*************************

ORDERED     Be it Ordained by the City Council of the City of Woburn that Title 2, Article XII, Section 2-79 of the 1989 Woburn Municipal Code, as amended be further amended by adding a new paragraph C as follows:

C. In addition to any other city and state requirements, no person shall be placed on the reserve fire force unless they have first been certified as a paramedic.

 

s/Alderman Galvin

 

Motion made and 2nd that the MATTER be REFEERRED TO COMMITTEE ON ORDINANCES, all in favor, 9-0.

 

*************************

ORDERED     That in accordance with Massachusetts General Laws Chapter 54, as amended, the City Clerk is hereby authorized and directed to notify and to warn such of the inhabitants of the City of Woburn as are qualified to vote in Municipal Elections to assemble at the polling places in their respective wards as designated herein, on TUESDAY, the TWENTY-SECOND DAY OF SEPTEMBER 2009 from 7:00 a.m. to 8:00 p.m., then and their to cast their votes in the MUNICIPAL PRELIMINARY ELECTION for the candidates for the following offices:

 

WARD ONE             MAYOR, WARD ALDERMAN
WARD TWO             MAYOR
WARD THREE             MAYOR, WARD ALDERMAN

WARD FOUR

            MAYOR, WARD ALDERMAN
WARD FIVE             MAYOR
                              WARD SIX             MAYOR
WARD SEVEN

 

 

            MAYOR
Ward-Precinct Polling Place Location

   

       1-1

Joyce Middle School Library, 55 Locust Street

       1-2

Clapp Elementary School Cafeteria, Hudson Street and Arlington Road

       2-1

Shamrock Elementary School Gymnasium, 60 Green Street

       2-2

Shamrock Elementary School Gymnasium, 60 Green Street

       3-1

Hurld Elementary School Gymnasium, 75 Bedford

Road

       3-2

Hurld Elementary School Gymnasium, 75 Bedford Road

 

       4-1

Wyman Elementary School Auditorium, Main Street and Eaton Avenue

       4-2

White Elementary School, 36 Bow Street

       5-1

Goodyear Elementary School Gymnasium

41 Orange Street

       5-2

Goodyear Elementary School Gymnasium

41 Orange Street

       6-1

Altavesta Elementary School Gymnasium, 990 Main Street

       6-2

Altavesta Elementary School Gymnasium, 990 Main Street

       7-1

Reeves Elementary School Gymnasium, 240 Lexington Street

       7-2

Reeves Elementary School Gymnasium, 240 Lexington Street
              s/President Doherty

 

Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 20, 2009

 

************************* Received as adopted from Woburn Traffic Commission:

 

ORDERED     FRANCES ROAD  – Stop sign on Frances Road in a southwesterly direction at the intersection with Sendick Road.

 

Alderman Denaro stated that the work is done, that the Traffic Commission has the authority over the matter, and that that City Council should not have to review this. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, 8 in favor, 1 opposed (Denaro opposed), 0 absent.

 

************************* Received as adopted from the Woburn Traffic Commission:

 

ORDERED     MAYWOOD TERRACE – Restriction permitting resident traffic only on Maywood Terrace.

 

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

*************************

Motion made and 2nd that the NEXT SIX MATTERS be TAKEN COLLECTIVELY AND ADOPTED, all in favor, 9-0. President Doherty stepped down from the chair and

Alderman Galvin assumed the chair. President Doherty stated that there were issues at the

Clapp School site getting the portable units to the site, that the Department of Public

Works was used to complete the work, that a communication should be sent from the Project Manager to the City Council each week with an update of progress, that the charges for the Clapp School work incurred by the city in assisting with the installation of the portable units should be back-charged to the contractor, that the expense was approximately $8,000.00, and that the city should not have to pay for work that the subcontractor was supposed to do. Alderman Gately stated that the police detail charges should also be charged to the subcontractor. Alderman Drapeau stated that the project manager was not on site, and that a project of this size should have a project manager on site and a contractor capable of handling all contingencies. President Doherty stated that in February 2009 the City Council adopted a resolution asking for an update on the roadway repairs, that the resolution was returned unsigned and no information was received from the Department of Public Works, that two years ago the City Council approved funding of a roadway repair tracking software system but has received no reports, that the City Council does not know the full scope of the work being done on the roadways, that he wants a confirmation from the Department of Public Works as to how the work is being done, and that he wants documentation on the status of the software program fro roadway repair prioritization. President Doherty stated that the Department of Public Works summer help program was a concern, that the program was $4,000.00 over budget eight ot ten weeks into the program, that the city hires seventeen students on average each summer, that there has been adequate funding for the project over the years, that the City Council approved a budget for the program in the amount of $60,000.00 as requested by the Mayor, that the Mayor hired fifty employees, that forty-two students accepted summer jobs, that this resulted in a $15,000.00 per week salary commitment to the summer employees, that the Director of the Human Resources Department expressed concern, that the City Auditor stated an additional transfer would be required to fully fund the program, that the Mayor chose to fire the summer help without consulting the City Council, that the Mayor owes the employees and taxpayers of the city an apology, that the fifty summer employees would have cost the city $170,000.00 if fully funded, and that the only financial constraint was the too many people were hired.

 

RESOLVED That the Planning Director of the Woburn Planning Board be invited to attend a meeting of the Committee on Special Permits to discuss biomedical uses at TradeCenter 128, Sylvan Road.

 

s/Alderman Drapeau

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 – Returned Unsigned August 20, 2009 with the notation “due to pending litigation Cummings Prop v. City of Woburn Planning Board”

 

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RESOLVED That His Honor the Mayor, working with the Conservation Commission and the Department of Public Works, study the feasibility of covering the brook that runs between Carroll Road and Anna Road, which abuts the property on Melo Road and Carson Road.

 

s/Alderman Drapeau

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 20, 2009

 

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RESOLVED That His Honor the Mayor supply each Alderman a copy of Powers and Sullivan’s report on Woburn’s financial statements, their management letter, and their report on federal awards for the fiscal years ending 2007, 2008 and 2009, and that the Committee on Finance review these reports.

 

s/Alderman Gonsalves

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 14, 2009 s/Thomas L. McLaughlin August 20, 2009 with notation “2009 report when avail”

 

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RESOLVED That the City Council review the oversight, construction and the responsibilities and activities of the project manager at the Clapp School site.

 

s/President Doherty

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.

 

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RESOLVED That the City Council review the roadway pavement program.

 

s/President Doherty

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.

 

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RESOLVED That the City Council review the summer help program.

 

s/President Doherty

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 9:29 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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