City Council – 12/07/2010

DATE 12/07/2010
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

DECEMBER 7, 2010 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro  _________________________

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

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

ORDERED     That the sum of $30,000.00 be and is hereby transferred as so stated from Hurld Handicap Acct #0112158-586553 $30,000.00 to School Security System Acct #0112158-586680 $30,000.00 – Purpose: Install new security system for Hurld and Wyman Elementary Schools

 

I hereby approve the above: s/Scott D. Galvin, Mayor

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

 

s/President Denaro

 

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

 

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ORDERED     That the sum of $2,773,634.38 be and is hereby appropriated as so stated from Debt Reserve Acc #648059-596100 $2,773,634.38 to Debt Principal

Acct #0171059-591000 $1,645,000.00, Debt Interest Acct #0171059591500 $1,128,634.38, Total $2,773,634.38

 

I hereby approve the above: s/Scott D. Galvin, Mayor

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

 

s/President Denaro

 

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

 

 

 

_________________________

 

PUBLIC HEARINGS:  

On the matter relative to Tax Classification for the City of Woburn. PUBLIC HEARING

OPENED. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO SPECIAL MEETING ON DECEMBER 14, 2010 AT

6:00 P.M., all in favor, 9-0.

 

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On the petition by National Grid for a grant of right in a way to replace an existing underground regulator vault and associated piping on the corner of Montvale Avenue and Washington Street with a new prefabricated regulator station on Washington Street, approximately 150 feet north of Montvale Avenue and the installation of approximately 150 feet of six (6) inch plastic gas main from the intersection of Montvale Avenue to the new regulator station. PUBLIC HEARING OPENED. Appearing was Acting

Superintendent of Public Works Thomas Quinn and he stated that he advised the petition that there was no need to attend this meeting as the matter was to be continued. Alderman Mercer-Bruen stated that this was previously sent to the Committee on Special Permits and should have been referred to Committee on Municipal Lands, and that the committee should meet before the January 4, 2011 meeting on this matter. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED

TO THE REGULAR MEETING OF THE CITY COUNCIL ON JANUARY 4, 2011 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON MUNICIPAL

LANDS, all in favor 9-0.

 

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Alderman Gately abstained from participating in the discussion of the following matter to avoid a potential conflict of interest and left the Council Chamber.

 

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On the petition by NSTAR Electric Company and Verizon New England, Inc. for a grant of right in a way to install two new poles 187/3, 187/4 on Massachusetts Avenue southeasterly side approximately 275 feet northeast of Wheeling Street. PUBLIC HEARING OPENED.  Appearing for the petitioner was Jacqueline Duffy, Right of Way Agent and she stated that this will provide electric service to 8 Massachusetts Avenue, that underground service will cost more money to install, that this will be a development of four homes, that she was not involved in the design of the plan, that work will be scheduled as soon as approval is granted, and that having the matter reviewed in committee would not delay power being provided to any customers. Acting

Superintendent of Public Works Thomas Quinn stated that this was originally a project for one house with two poles, that there may now be as many as four houses with the two utility poles, that the service should be underground with this development, that the utilities come from Massachusetts Avenue, that it can be directed that this be by underground service, that it could be six to eight months before this project moves forward, and that the development still needs Planning Board approval. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON January

18, 2011 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON

SPECIAL PERMIT, 8 in favor 0 opposed, 1 absent (Gately absent).

 

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

 

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On the petition by Ruth Lennon, 22 Hart Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.5 of the 1985 Woburn Zoning Ordinances, as amended, to allow import of approximately 300 cubic yards of gravel to raise elevation to 96.00 feet at 22 Hart Street. PUBLIC HEARING OPENED. A communication dated November 29, 2010 was received from Richard Lennon as follows:

 

Dear Mr. Campbell,

 

At this time I have a continuance until December 7th regarding importing fill material at

22 Hart Street. I respectfully request a continuance to the first available date after December 14, 2010. This request is to comply with the conditions attached to the permit application by the Planning Board.

 

Regards, Richard Lennon

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

DECEMBER 21, 2010, all in favor 9-0.

 

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On the petition by 335 Washington Street LLC, 394 Washington Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Sections 7.3 and 57b of the 1985 Woburn Zoning Ordinances, as amended, to allow for the alteration of the pre-existing non-conforming use and structure containing approximately 53,379 square feet of gross floor area and 228 parking spaces to allow for: 1. An automotive parts store in Unit 3 consisting of approximately 7,000 square feet of net floor area, 2. The overnight parking of commercial vehicles, and 3. To provide for 221 parking spaces, at Unit 3, 335

Washington Street. PUBLIC HEARING OPENED. A communication dated December 1, 2010 was received from Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of 335 Washington Street LLC, 335 Washington Street, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Please be advised that I represent 335 Washington Street LLC. On behalf of my client, I respectfully request that the public hearing on the above matter be continued from December 7, 2010 to December 21, 2010. The Petition is being reviewed by the Planning Board on December 14, 2010 and a written recommendation from the Planning Board will not be available for the City Council public hearing. Therefore, the continuance to December 21, 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

DECEMBER 21, 2010, all in favor 9-0.

 

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On the petition by Monarch Homes, Inc., 13 Wheeling Avenue, Woburn, Massachusetts 01801 for two special permits pursuant to 1985 Woburn Zoning Ordinances, as amended, as follows: 1. Pursuant to Section 22.E.d to allow for a 33 unit, 35 bed Alzheimer’s Residence, and 2. Pursuant to Sections 8.6.2 and 22.H.2 to allow for an exception to the area and landscaping requirements in Section 8.6.2, at Lot A, 859 Main Street. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petitioner completed the traffic and parking impact study, that the study measured the level of service in the area including the proposed condominium and parish center developments and the traffic signals at the Elm Street and School Street intersection and the traffic signals at the Sylvan Road and Main Street intersection, that the petitioner entered into agreements with the church for access easements for construction and access to both properties, that the parcel is 47,534 square feet in area, that the building height will be twenty-four feet six inches at the main roof and thirty feet six inches at the top of the mansard, that there will be thirty-three rooms with thirty-five residents, that there will be a shared site access with the St. Anthony Church property, that the property will look like a residence from the outside, that there will be no resident vehicles, that there will be nine employees on the largest shift, that the petitioner is not involved with the condominium project, that they have not seen the site plan for that project, that the traffic study focused on the petitioner’s project, that the Planning Board wanted a broader study of the corridor since this was the first of the three projects to move forward, that it is the petitioner’s position that the traffic study only had to focus on the petitioner’s project, that the traffic study submitted goes beyond the petitioner’s intersection, that the parking for this project will be completely on the lot being purchased by the petitioner Monarch, that the petitioner will not use the church parking or condominium site parking to meet the parking needs of this project, that there will be a joint site entrance to the St. Anthony property and the petitioner’s property, that this joint site entrance is the same concept as at the Extended Stay hotel and the 1790 House near the locus, and that the concept of the joint site entrance is to reduce the curbcuts. Charles Crevo, Principal 3C Consulting Group, Wellesley, Massachusetts stated that there are three proposed new land uses on that section of Main Street between Alfred Street and School Street, that the Alzheiner facility abuts the St. Anthony church property, that the current Main Street and area traffic counts were provided by the city of Woburn from other studies of the area, that all three projects will not come on line at the same time, that the Alzheimer facility build out will be two year from now, the traffic study projects traffic two years out, that the parish center and condominiums projects will come on line in 2015, that the traffic for those projects was projected out to 2015, that peak A.M. and peak P.M. traffic was projected, that there will not be much traffic generated from the Alzheimer’s facility, that there will be under ten to twelve vehicles during the peak hour, that most traffic will be from visitors and that will not likely be in the morning, that the morning traffic will mostly be from employees, that the staff during the highest shift will be nine, that the current level of service is a level C with some sections at level D, that the signalized intersections currently operate at an acceptable level, that it is not expected that the proposed developments will have an adverse impact on traffic, that the study included a review of safety and sight distances as well as accident and crash rates, that the report found no real issue with vehicle crashes, that he has not reviewed the parking or similar issues associated with the condominium project as he is not involved with that project, that the build out of 2015 for the parish center and condominium project was an assumption made for the purposes of the study after consulting with the city on expected development, that there will be minimal impact on the traffic flow, that the Alzheimer facility will generate five trips in the A.M. peak hour and twelve trips in the P.M. peak hour, that acceptable levels of service are at level of service ranges A through D but not at level of service E or F, that there is currently a level of service of C with a couple of locations at level of service D which are considered acceptable levels of service, that the level of service are guidelines, that a level of service D does not mean that the intersection will fail but is a relative measure, that if the street is in the D level of service for only a few seconds it may still be acceptable, that he has been in this business for forty-eight years, that a resume is generally not included in a study package as if he is selected he presumes that the client has already performed research on his skill level, that visitors to the Alzheimer’s facility will generally be during the day but not during peak hours, that the number of consultants working on the project depends upon the size of the project, that he calls in additional assistance as needed on an independent contractor basis, that there is still quite a bit of capacity available for growth with the current traffic flow on Main Street, that there are currently D levels of service at the Alfred Street and Main Street intersection and the Alfred Street and Sylvan Road intersection, that the Institute of Transportation Engineers publishes trip generation rates for a number of facilities, and that equations are utilized to determine the trip generation counts. Alderman Mercer-Bruen stated that she was surprised to hear a build out of 2015 for the parish center and the condominium project as there seemed to be a sense of urgency for those projects, that she assumes that there will be another traffic study for the other projects when they come forward for approval, that she does not believe that this project will have a big impact on traffic, that the biggest concern is parking, that she wants to know how parking for this project will affect the other projects, and that the City Council has to know if there will be some impact on the other projects parking or none. Alderman Anderson asked that the traffic consultants credentials be added to the package, that he noted the consultant used the traffic counts that the city conducted, and that there is currently level of service D in some areas of the corridor. Alderman Drapeau stated that there are sections of the corridor that are at level of service D. IN FAVOR: Gerard Scalley, 18 Dartmouth Street stated that he is in favor of the Alzheimer facility project, that he is also a member of the St. Anthony Church building committee, that St. Anthony Church is looking to create a two hundred fifty space parking lot for the church, that there is only one way proposed in and out of the church property and the Alzheimer’s facility, that if two hundred fifty cars are exiting the church parking lot it will be difficult, that the church and proposed parish center will have brick exteriors, that the Alzheimer’s facility should have a brick exterior to be consistent with the construction in the area however the petitioner is proposing a stucco exterior, that there has been some outside discussion about a second entrance to the left of the church property but the church only owns up the to the edge of the grass, and that he is concerned about handicapped parking. Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that he is in favor of the petition. John Martini, 169 Place Lane stated that he is in favor of the petition, that the locus access and exterior finish issues will be worked out, that he wants the project to visually blend with the area, and that the parish center will be the last phase after the Alzheimer’s facility and condominium developments. Jim Callahan, 32 Van Norden Road stated that he is not in favor and not opposed to the project, that he wants to know how the level of service was determined with a joint driveway, and how the consultant arrived at the trip generation figure. OPPOSED: None.

Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE

REGULAR MEETING OF THE CITY COUNCIL ON DECEMBER 21, 2010 AND

THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL

PERMITS, all in favor 9-0.

_________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

COMMITTEE REPORTS: None.

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NEW PETITIONS:

 

Petition for renewal of First Class Motor Vehicle Sales License by Azure Dynamics US Inc., 9 Forbes Road. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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Petition by Anchor Body, Corp., 3 Breed Avenue; Kenneth L. O’Connor dba City Line Motors, 30 Rear Torrice Drive; Enterprise Rent-a-Car Company of Boston, LLC, 248

Mishawum Road; Robert Khouzami, 317 Montvale Avenue; Larade’s Collision Repair

Center, Inc., 20 High Street; McSheffrey Auto Sales, Inc., 878-880 Main Street; Ollies Service Center, 310 Main Street; Tracy M. Batten dba Tracy’s Auto Sales, 62R Winn

Street; and Wassim (Sam) Nicolas dba Woburn Square Mobil, 23 Pleasant Street. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND

LICENSES, all in favor, 9-0.

 

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A communication dated November 23, 2010 with attachment was received from Ernest N. Agresti, Jr., Vice President Administration, Cummings Properties, 200 West Cummings Park, Woburn, Massachusetts 01801 as follows:

 

Re: Woburn Properties, LLC 8 Cabot Road, Woburn, Massachusetts – Request for minor  modifications to Special Permit dated may 19, 2010

 

Dear Council Members:

 

Please consider this letter as a request by Woburn Properties, LLC for two minor modifications to the Special Permit it received on May 19, 2010 (the “permit”).

 

As shown on the enclosed As-Built Plan AB-3, the bicycle rack has been relocated approximately 30’ to the north of its original location, and different materials have been used on small portions of the site’s 1600 linear feet of curbing. Instead of vertical granite curb throughout the site, some sloped granite curb has been used, some concrete has been used, and some existing bituminous concrete curb was left in place. No changes were made to the size, shape, or location of the building, or its intended uses. Similarly, the parking configuration and prevailing traffic flow has not changed from the original plan.

 

Given the minor nature of these modifications, we request that the As-Built Plan be approved and added as a supplement to the “plan of record” at the December 7, 2010 City Council meeting as a matter of administrative convenience.

 

In the meantime, if you have any questions, or if any further information is required, please contact Michael Aveni, Project Architect or me at 781-935-8000. Thank you in advance for your assistance.

 

Very truly yours, Cummings Properties, LLC

Ernest N. Agresi, Jr., Vice President Administration

 

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

 

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A communication with attachment was received from Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Modification to Landowner’s Decision and Notice of Special Permit Issued to Self Storage Group LLC

 

Please be advised that this office represent Self Storage Group LLC (hereinafter “SSG”). On July 31, 2008 the City Clerk’s Office issued a Landowner’s Decision and Notice of

Special Permit as modified by Notice of Modification of Special Permit issued on August 26, 2010 (the “Decision”) to SSG (copies enclosed). In reviewing the conditions set forth in the Decision, prior to the recent opening of the public storage facility, SSG realized that the Sunday office hours should have been the same as the Saturday office hours. Condition 17 of the Special Permit sets forth hours of operation that were proposed by SSG at the public hearing. Condition 17 states as follows:

 

“17. Hours of operation for office staff will be Monday through Friday

9:30 a.m. to 6:00 p.m.; Saturday 9:30 a.m. to 5:00 p.m.; Sunday 10:00

a.m. to 2:00 p.m. Access hours with a key card will be Monday through Sunday, 6:00 a.m. to 10:00 p.m., all of the hours of operation for office and access apply only to self-storage in the B-I zone are restricted to B-I zone are restricted to the B-I zoning only.”

 

As a result, SSG is requesting that the Sunday office hours be the same as the Saturday office hours. The Petitioner would like approval to change the Sunday hours from 10:00 a.m. to 2:00 p.m. to 9:30 a.m. to 5:00 p.m.

 

It is our position that since this request does not seek to alter the hours of access to the self storage facility itself, that the City Council has the authority to approve the request as a minor modification. I respectfully request that the City Council take action on this request at the City Council meeting scheduled for Tuesday, December 7, 2010.

 

Thank you.

 

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

 

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

 

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A communication dated December 2, 2010 with attachments was received from Jay Kuncl, Director of Construction, West Marine, 500 Westridge Drive, Watsonville, California 95076 as follows:

 

Reference: West Marine 0 Mishawum Road, Woburn, MA – 299 Mishawum Road – IP #2010.0321 – Request for Minor Modification to Special Permit

 

To Whom It May Concern:

 

Please accept this letter as a request for a minor modification to a previously approved Special Permit at the address listed above. The previously approved Special Permit was for Kids/Toys R Us, and was approved April 24, 2991. The original approval is attached along with the original site plan, dated December 14, 1990, and the proposed site plan, dated December 1, 2010.

 

The minor modification proposal includes the widening of the sidewalk on the north end of the building by three feet (3’) to improve the pedestrian circulation at the front of the building. In addition, the widening of the sidewalks will enable a safer environment for the maneuvering of shipping carts so that they will not encroach into the vehicular access ways. An egress door was also added at the front of the building as required per Code. Finally, a man door and stairs were added to the rear of the building at the loading dock to aid in a more efficient loading/unloading area.

 

Based on the minor modifications listed above, we are requesting that you consider approving the minor modification for this project administratively.

 

Please feel free to contact me if you require any additional information.

 

Sincerely, s/Jay Kuncl, Director of Construction

 

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

 

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Petition by Boston Billiards Supply, Inc., 343 Medford Street, Somerville, Massachusetts for a special permit pursuant to Sections 5.1.69 and 7.3 of the 1989 Woburn Municipal, Code, as amended, for the alteration of a pre-existing nonconforming use and structure to allow for a billiards table sales and service retail facility at 102-104 Main Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-

0.

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COMMUNICATIONS AND REPORTS:

 

A communication dated November 19, 2010 with attachments was received from Joanne Collins, Director, Woburn Council on Aging along with the minutes of the November meeting of the Council on Aging and the Director’s report for the month of November. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated December 3, 2010 was received from City Solicitor John D. McElhiney as follows:

 

Re: Request for Approval of Compromise of Claim

 

Dear Members of the City Council:

Pursuant to Title 2, Article X, Section 2-57 of the Woburn Municipal Code your approval is respectfully requested so as to allow an injured Police Officer to settle a claim against a third party who is responsible for the Officer’s injuries. As part of the proposed settlement, the City of Woburn will be compromising its lien against the personal injury case.

 

The officer was injured while on duty, through no fault of his own, in May, 2009, when struck by a motor vehicle, all under circumstances entitling the Officer to the benefits of G.L. Chapter 41, Sections 100 & 111(F), payment of medical bills and payment of wages while unable to work. The City’s insurance company has thus far paid approximately $65,000.00 in medical bills and wages, while the City itself has paid an additional $35,000.00 in wage benefits. As allowed by the statute, the Officer has brought a third party claim against the responsible party, which responsible party’s insurance carrier has offered to settle the claim for the full amount of the insurance policy available, that being $50,000.00.

 

Under normal circumstances, and if the proceeds were higher, both the City’s insurer and the City itself would be entitled to be reimbursed out of any such settlement, subject to the statutory direction that the costs of bringing the claim, including attorney’s fees, must be equitably shared. In addition, the injured party himself sustained separate and distinct personal injuries for which is he entitled to seek compensation through such a third party action.

 

Unfortunately in this instance, of course, the maximum insurance proceeds from the responsible third party are not enough to compensate or reimburse all parties for their respective damages. Under such circumstances, it is normal to attempt to pro-rate, or apportion the proceeds in a somewhat equitable manner.

 

To that end, the proposed settlement would divide the $50,000.00 available insurance proceeds as follows:

 

  1. $22,000.00 to the injured Police Officer to compensate him for his injuries past, present, and ongoing;
  2. $20,000.00 to the City and the City’s insurer, to be split evenly between the two; and
  3. $8,000.00 to the Plaintiff’s attorney for the cost of instituting and handling the third party claim;

 

It should be noted that all parties, including the officer’s attorney, are agreeing to reduced compensation in order to see that some equitable amount is distributed to each of the other parties.

 

Under all of the circumstances of the case, and given the limited proceeds available, the apportioned settlement appears fair and reasonable, and I recommend your approval of the same.

I will be available at your meeting to discuss this matter should you have any questions.

 

Sincerely, s/John D. McElhiney

 

Motion made and 2nd that the PROPOSED SETTLEMENT AGREEMENT be APPROVED, all in favor, 9-0.

Presented to the Mayor: December 9, 2010           s/Scott D. Galvin December 9, 2010

 

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A communication dated December 3, 2010 was received from Richard J. Mahoney, VicePresident, Board of Trustees, Woburn Public Library, 45 Pleasant Street, Woburn, Massachusetts 01801 as follows:

 

Dear President Denaro,

 

The Trustees of the Woburn Public Library request to meet with the city council in order to discuss the status of the library’s renovation and expansion project. We would prefer to meet with the liaison committee to review our progress and our plans.

 

On Thursday Dec. 2, at a meeting with the Mass Board of Library Commissioners the

Woburn Public Library was granted and extension of our library building grant until June 11, 2011. The commissioners stated that the need for the project in Woburn was so great that this warranted an unprecedented second extension.

 

Thank you for your consideration.

 

Very truly yours, s/Richard J. Mahoney, Vice-President, Board of Trustees

Woburn Public Library

 

Alderman Mercer-Bruen stated that she has heard from constituents opposed to the project and asking if a smaller project could be pursued, that the Mayor has communicated twice with the Board of Trustees indicating methods in which to construct a more affordable addition, that the current proposal is not affordable, and that the Trustees must come to the Committee on Liaison Committee with an affordable addition and not a $24,000,000.00 proposal which is not supported by the City Council. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON LIAISON, all in favor, 9-0.

 

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A communication dated November 23, 2010 was received from Norman Lux, 59 Buckboard Drive, Westford, Massachusetts 01886 and Joann Lux, 218 School Street, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Granted upon meeting the Special Condition for Section 7.3 of the

1985 Woburn Zoning Ordinance approval

In Regard to the Special Permit Granted to Anne M. Beauchamp, 7 Marietta Street, Woburn, Massachusetts 01801 and John J. Beauchamp, 2 Ryan Road, Woburn, Massachusetts 01801, for land affected located at 222 School Street, Woburn, Ma.

 

The Special Condition for granting such special permit has not been complied with However, the City of Woburn has granted the Occupancy permit to the subject property without the special condition being fulfilled.

 

Also, the Woburn City Council had approved changes to the special condition during the City Council meeting on November 16, 2010 without the agreement or knowledge of the changes of either Joann Lux 218 School or Norman Lux.

 

We (Joann Lux/Norman Lux) had a verbal agreement to modify the special condition from the chain link fence to a vinyl fence, No other changes had been agreed to or discussed.

 

At no time, either at the Special Permit meeting, Chaired by Mr. Gately nor any other time had we agreed to change the start of the fence 28 feet from the property line along School St.

 

I’m disappointed at the treatment and undermining of a 83 year old, life long elderly resident and can only hope that this was a mistake or misprint of the special condition change for the special permit.

 

I’m asking the Woburn City Council to correct the matter at the next City Council meeting scheduled for December 6, 2010.

 

Thank you for your attention to this matter.

 

Sincerely, s/Norman Lux

 

Motion made and 2nd to suspend the rules for the purposes of hearing from the petitioners, all in favor, 9-0. John Beauchamp, 2 Ryan Road stated that he was offering new language for the condition relative to the fence and that he and his neighbors agreed on the language. Norman Lux, 59 Buckboard Drive, Westford stated that he wants the words “for a total length of 138’ feet” stricken from the new proposed condition, and agrees that the fence be installed without a twenty-one day appeal period but wants to make certain that what is filed with the Registry of Deeds is accurate. President Denaro stated that the language “for a total length of 138’ feet” can be stricken. Alderman Raymond stated that the fence will start at the property line on the street at a height of three feet for a distance of twenty-five feet from the property line and then will rise to six feet in height ending at the rear property line. Motion made and 2nd to return to the regular order of business, all in favor, 9-0. Motion made and 2nd that that the communication dated December 7, 2010 with attachment from John Beauchamp and Anne Beauchamp be received and made part of the record, all in favor, 9-0. Motion made and 2nd to revoke the minor modification approved by the City Council at its Regular Meeting on November 16, 2010 relative to the property at 222 School Street, all in favor,

9-0. Motion made and 2nd that Condition 1 of the special permit issued July 10, 2009 to Anne M. Beauchamp and John J. Beauchamp for the property located at 222 School Street be amended to read as follows: “The petitioner agrees to install a three (3) foot white vinyl fence along the westerly side beginning at the front property line on School Street and continuing for twenty-five (25) feet. At that point the fence will rise to six (6) feet and continue to the rear property line. The petitioner agrees to have the fence installed prior to the issuance of a final occupancy permit issued by the building department” with a further amendment to the record as follows: “That the minor modification is granted based on an agreement of the petitioners John Beauchamp, Anne Beauchamp, Joann Lux and Norman Lux and all parties waive any right to appeal”, all in favor, 9-0.

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS: 

 

A communication dated December 2, 2010 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint the following members of the Woburn Council on Aging to another three-year term, set to expire on December 13, 2103; subject to approval by the City Council:

 

Angela Amato, 289 Washington Street;

Eleanor Camillieri, 6 Shields Street;

Dorothy Capone, 7 Maura Drive;

Francis Hancock, 13 Pearl Street;

Jack Kelly, 20 Barbara Circle;

Doris Stanton, 18 Nichols Street Extension.

 

Respectfully, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that Rule 34 be suspended, all in favor, 9-0. Motion made and 2nd that the APPOINTMENTS be CONFIRMED, all in favor, 9-0. Motion made and 2nd that Rule 34 be restored, all in favor, 9-0.

Presented to the Mayor: December 9, 2010           s/Scott D. Galvin December 9, 2010

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MOTIONS, ORDERS AND RESOLUTIONS:

 

From Woburn Traffic Commission:

 

ORDERED     That a new Section 7-12 be added to the 1935 Woburn Traffic Ordinances, as amended as follows:

 

 Section 1.

 

No person, firm, or corporation shall park or leave standing on any street or portion thereof in an area zoned for

residential use (defined as any area zoned “R-1, R-2, R-3, or

R-4” by the Zoning Ordinance and accompanying Zoning Map of the City of Woburn), any school bus having a manufacturer’s gross vehicle weight rating of two and onehalf tons (2 ½) tons or more.  The prohibition hereby imposed shall not apply to the parking or standing of such vehicle for the purpose of making pick-ups or drop-offs of students.

Section 2.

Any person, firm, or corporation violating any provision of Section 1, above shall be fined $100.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

 

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

Presented to the Mayor December 9, 2010 and ten days having elapsed without same being approved, said ordinance became effective without his signature on December 21, 2010.

 

************************* From Woburn Traffic Commission:

 

ORDERED     WATER STREET – no parking from the easterly side of the intersection with Woburn Parkway to intersection of the southerly side of Sturgis Street and easterly side of Water Street with signs erected and hash marks painted on the street.

 

Alderman Anderson stated that he appreciates the work done on this matter however that this may be a mistake, that this will move vehicles from the pond into the neighborhoods, and that until the comprehensive parking plan is complete then this proposal should not be adopted. Alderman DiTucci stated that this will eliminate a dangerous situation, that there are many lanes of traffic that empty at this area with little room to turn, that this affects four or five parking spaces, and that this will be a beneficial improvement. Motion made and 2nd that the ORDER be ADOPTED, 8 in favor, 1 opposed (Anderson opposed).

Presented to the Mayor December 9, 2010 and ten days having elapsed without same being approved, said ordinance became effective without his signature on December 21, 2010.

 

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From Woburn Traffic Commission:

 

ORDERED     WARD STREET – Stop sign on the southeasterly corner at intersection with Ward Street.

 

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

Presented to the Mayor December 9, 2010 and ten days having elapsed without same being approved, said ordinance became effective without his signature on December 21, 2010.

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Schedule of Committee Reports Filed with the Office of the City Clerk on December 7,

2010 pursuant to Rule 19 of the Rules and Orders of the City Council. Motion made and 2nd to add the following matters to the Order of the Day as late filed matters, all in favor, 9-0.

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COMMITTEE REPORTS: 

 

POLICE AND LICENSES:

 

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On the petitions for renewal of First Class Motor Vehicle Sales Licenses by C.N. Wood

Company, Inc.; Lawless Chrysler Jeep, Inc.; R.C. Olsen Cadillac, Inc.; Woburn Foreign Motors, Inc.; and Woodco Machinery, Inc., 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 December 9, 2010 and ten days having elapsed without same being approved, said license became effective without his signature on December 21, 2010.

 

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On the petitions for renewal of Second Class Motor Vehicle Sales Licenses by ACT

Leasing Inc.; Bob McSheffrey Auto Sales; David Dellarocco dba Woburn Auto Sales; EC Inc. dba Xpress Fuel; Jeffrey Pollock dba Exclusive Automobiles; Francis Garbino dba Tom’s Auto Body; George J. Hamilton dba George’s Auto Body; J.C Auto Sales; Joseph P. Mahoney Co., Inc.; Oliver M. McDermottroe dba McDermottroe Auto Sales;

Velozo Enterprises, Inc. dba Rogers Radiator; and Donald J. Socorelis dba Woburn Glass

Co., 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 December 9, 2010 and ten days having elapsed without same being approved, said license became effective without his signature on December 21, 2010.

 

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On the petition for renewal of Third Class Motor Vehicle Sales License by Woburn Truck and Auto, Inc., 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 December 9, 2010 and ten days having elapsed without same being approved, said license became effective without his signature on December 21, 2010.

             

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On the petition for renewal of Second Class Motor Vehicle Sales License by Southside Associates, Inc. dba Burke’s Garage, committee report was received “ought to pass with the condition 1. That the outside storage of tires be screened and picked up by a disposal company at least once per month.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor December 9, 2010 and ten days having elapsed without same being approved, said license became effective without his signature on December 21, 2010.

 

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

 

On the Order to transfer the sum of $131,049.00 from various Department of Public Works Accounts to Retirement 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: December 9, 2010           s/Scott D. Galvin December 9, 2010

 

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On the Order to establish a Spence Farm Revolving Fund, 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: December 9, 2010           s/Scott D. Galvin December 9, 2010

 

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On the Order to transfer the sum of $5,000.00 from Senior Center Replace Furnace Account to Office Equipment/Repairs Account to purchase new computers for Council on Aging Office, 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: December 9, 2010           s/Scott D. Galvin December 9, 2010

 

************************* ORDINANCES:

 

On the Order to increase the filing fee for special permit, inflammable license and zoning amendment petitions, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 1 abstained (Haggerty abstained).

Presented to the Mayor: December 9, 2010           s/Scott D. Galvin December 9, 2010 _________________________

 

Petition for renewal of First Class Motor Vehicle Sales License by M&L Transit Systems, Inc., 60 Olympia Avenue. Motion made and 2nd that the MATTER be

REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

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Copy of a communication dated November 9, 2010 to the Woburn Housing Authority from Richard Welch, 26 Nichols Street Extension requesting repairs to sidewalk and pavement at the Nichols Street Extension development. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

_________________________

 

Motion made and 2nd to return to the regular order of business, all in favor 9-0..

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:56 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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