City Council – 12/20/2016

DATE 12/20/2016
TIME 6:30 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 20, 2016 – 6:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                Campbell

Higgins

Concannon

Mercer-Bruen

Gaffney

Tedesco

                                                                 Haggerty

_________________________

 

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 $125,000.00 be and is hereby appropriated as so stated from BLS Ambulance Receipts Acct #31359-590000 $125,000.00 to Fire Ambulance Salary Acct #0122051-511500 $125,000.00

 

I hereby recommend that above. s/Scott D. Galvin, Mayor

I hereby approve the above: s/Timothy Ring, Chief Fire Department                 I have reviewed the above: s/Charles E. Doherty, City Auditor

 

s/President Haggerty

 

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

_________________________

 

PUBLIC HEARINGS:   

 

On the petition by Woburn Toyota, 394R Washington Street, Woburn, Massachusetts

01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.71 to allow for a commercial parking lot at 15 Commonwealth Avenue. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits “ought to pass, with the conditions as follows:

 

  1. That the number of vehicles shall be limited to 150 in accordance with the Plan entitled “Site Parking Plan” 15 Commonwealth Avenue, Woburn, MA” Dated November 10, 2016 prepared by Allen & Major Associates, Inc., 100 Commerce Way, Woburn, MA.
  2. That the hours of operation shall be Monday through Saturday between 9:00 a.m. – 8:00 p.m. and Sundays 11:00 a.m. – 5:00 p.m.
  3. That the special permit shall be terminated six (6) months after the occupancy permit issues for the building(s) to be constructed at 394 Washington Street and 394R Washington Street under special permits issued August 11, 2015.
  4. That the petitioner shall file a snow storage plan with the City of Woburn Building Department.
  5. That no vehicles shall be transported to or from the site by a car carrier.
  6. That the Petitioner shall not use Dragon Court to and from the site. The Petitioner shall only use Commerce Way to Commonwealth Avenue to and from the site.”  

 

Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the matter has been reviewed by the Committee on Special Permits, that the petitioner has no issues with the proposed conditions, and that he requests the committee report be adopted. PUBLIC COMMENTS: None. Motion made and 2nd that the public hearing be closed, all in favor,

9-0. PUBLIC HEARING CLOSED. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, AS AMENDED with the following additional conditions: 7. No new vehicles shall be stored on site, 8. There shall be no new vehicle showings, sales or prepping work on site, 8 in favor, 1 opposed (Anderson opposed), 0 absent.

 

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On the petition by EHDK Realty, LLC, P.O. Box 920097, Needham, Massachusetts

02492 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.5 to allow construction relating to residential use above commercial structure and Section 12 Site Plan Review for garden apartments on second floor of commercial structure and as a result of comprising more than 15,000 square feet of gross floor area at 455-471 Main Street. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits “ought to pass, with the conditions as follows:

 

  1. The Petitioner shall construct and improve the Site as substantially described on the

Plan of Record which for this project shall be the plan entitled “455 Main St, Woburn, MA” Sheets A2.2, A1.1, A1.2, A1.3, A1.4, A2.0 and A2.1 dated November 10, 2016 (hereinafter the “Site Plan”) although design adjustments and modifications generally associated with:  (i) preparing so-called “working drawings” or (ii) site conditions shall be permitted so long as such changes do not constitute substantial changes from said plans as determined by the Building Commissioner.  In the event that the Building Commissioner determines that the building plans filed with the building permit application are not in substantial conformance with the Site Plan, the Petitioner may request a review of said plans by the City Council Special Permits Committee who shall make a final determination.  If the Special Permits Committee makes a determination that the proposed plans are not in conformance with the Site Plan, the Petitioner shall be required to file a Special Permit Petition seeking approval to modify the Site Plan.

  1. All dumpsters shall be kept inside the building in the area shown on the site plan as “Trash Room” and be in compliance with the Woburn Zoning Ordinances. No dumpsters or trash receptacles shall be kept outside of the building.
  2. Hours of construction shall be Monday through Saturday 7:00 a.m. to 5:00 p.m.; 4. The Petitioner shall file a snow storage plan with the Inspectional Services Department.
  1. The areas shown on the site plan as ‘Den’ in the 1-bedroom units shall not be used for any reason as a bedroom.
  2. The petitioner shall replace all concrete sidewalks, and reset granite curbing where necessary, along the entirety of the property including on Main Street, Union Street and Campbell Street.
  3. There shall be separate water meters for the commercial and residential uses and shall be subject to the approval of the Superintendent of the Department of Public Works.
  4. The parking spaces shall be striped and identified.
  5. All signs shall be similar in design and be approved by the Sign Review Board.
  6. The petitioner shall install two decorative light posts, the same or similar to those on Main Street, the length of the property line on both Campbell and Union Streets. The lights shall be installed in the area of the first curb cut of the driveway to the corner of Union Street and Campbell Street respectively.
  7. No antennas or satellite dishes shall be installed on roofs.
  8. Trees shall be planted on Union Street and Campbell Street.”

 

Appearing for the petitioner was Edward Hovsepian, Manager, and he stated that the petitioner agrees to the proposed conditions including the requirement of two lampposts on Union Street and on Campbell Street, and that the plan of record is dated November 10, 2016. PUBLIC COMMENTS: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, AS AMENDED with the amendments as

follows: 1. That Condition 11 be amended to read “No antennas or satellite dishes shall be installed on building”; and 2. That Condition 12 be amended to read “Two trees shall be planted on Union Street and Campbell Street”; all in favor, 9-0.

 

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On the petition by Reading Vending LLC, 8 Presidential Way, Woburn, Massachusetts

01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 42 and 57B for the operation of a wholesale establishment, warehouse and distribution center and overnight parking of up to eleven commercial motor vehicles, vans and delivery trucks for a vending machine supply business at 8 Presidential Way. PUBLIC HEARING OPENED. A communication dated December 15, 2016 was received from Dan Orr, City Planner/Grant Writer  as follows:

 

Re:  Planning Department comments on special permit application for Reading Vending LLC (8 Presidential Way)

 

Dear Council:

 

The Planning Department has reviewed the application seeking permission for the operation of a warehouse and distribution center associated with a wholesale establishment and for overnight parking of up to eleven (11) commercial motor vehicles, vans and delivery trucks at 8 Presidential Way pursuant to Sections 5.1.42 and 5.1.57b of the Woburn Zoning Ordinance (WZO). The property is located in the IP-2 (Industrial Park Two) zoning district and the overnight parking of commercial vehicles is allowed by City Council special permit.   The application does not provide enough information about the proposed tenancy to determine whether or not the warehouse and distribution center can be allowed by special permit.  Warehouses and distribution centers can only be permitted if they are associated with the operation of a wholesale establishment.  Planning staff recommends the Council obtain additional information to determine whether in fact this use can be permitted on this site.

 

Including this application, the facility at 8 Presidential Way would be occupied by two tenants. The petitioner proposes to use approximately 5,500 square feet of the existing first floor space for office and general warehouse uses associated with a vending machine supply business. The existing tenant, Porter & Chester, would continue to occupy 99,154 of the remaining floor area for office/trade school and storage/warehousing on the first and second floors.

 

The applicant is also seeking a special permit to allow the overnight parking of up to eleven (11) commercial vehicles.  Although the designated parking area for these vehicles (in addition to parking spaces for drivers’ personal vehicles) is depicted on the engineer-certified plot plan, the application provides no information as to the dimensions of these vehicles.   It is therefore not clear whether the vehicles that would be parked overnight would actually fit in the parking spaces shown on the plan.  On a related note, the travel lane of the designated commercial vehicle parking area is only 20’ wide, and a minimum of 24’ in width is essential for safe two-way travel.

 

The plot plan included in the application indicates there is a grand total of three-hundred twenty (320) parking spaces onsite and that two-hundred seventy-six (276) spaces are required for the warehouse/storage, office, and overnight parking needs of both tenants, per the WZO and as shown below:

 

Reading Vending

  • 4,475 sq. ft. of warehouse (1 space /800 sq. ft.) requires 6 spaces
  • 1,025 sq. ft. of office (1 space/350 sq. ft.) requires 3 spaces
  • 11 commercial vehicles (parked overnight) requires 11 spaces 
  • 11 commercial vehicle drivers’ personal vehicles requires 11 spaces

 

Porter & Chester

  • 24,000 sq. ft. of warehouse (1 space/800 sq. ft.) requires 30 spaces
  • 75,154 sq. ft. of office (1 space/350 sq. ft.) requires 215 spaces

 

The overall number of spaces provided onsite exceeds the zoning requirement by fortyfour (44) spaces. Planning staff note that this calculation deviates from the plot plan, as that assumes an overlap in the number of spaces required for commercial vehicles and drivers’ personal vehicles with those required for warehouse/storage and office space. However, these represent separate parking requirements. Also, per advisement by the Building Commissioner, the applicant should provide the number of employees working during the largest shift for each tenant. This will ensure that the greatest demand for parking is still sufficient based on the number of spaces provided.

 

If the City Council determines that the proposed tenancy is in fact a “wholesale establishment” and not simply a warehouse and distribution center (which would not be allowed), the Planning Department recommends the Council consider imposing the following as conditions of any Special Permit:

 

  1. All vehicles that will be parked on site overnight must be registered in the City of Woburn;
  2. That the area designated for overnight parking must be lined so that the proposed commercial vehicles actually fit into the parking spaces marked on the ground;
  3. That the designated commercial vehicle parking area be redesigned to provide a minimum travel lane width of 24’ for two way traffic;
  4. That the proposed Plan of Record be revised to show the location of a refuse area

(including appropriate screening) and the loading bays required by Section 8.7 of the Zoning Ordinance;

  1. That the proposed Plan of Record be revised to show the location(s) of sufficient areas for snow storage and that a copy of the plan showing the snow storage areas be filed with the Director of Inspectional Services;
  2. The Special Permit shall be issued only to Reading Vending LLC and shall not be transferrable; and
  3. The Plan of Record shall be, “Plot Plan of Land, 8 Presidential Way, Woburn, MA; Prepared by Medford Engineering & Survey, Angelo B. Veneziano Associates, 15

Hall Street, Medford, MA 02155; Scale: 1”=40’; Date: September 16, 2016, Revised

9/23/2016, 9/28/2016, and _________.”

 

If you have any questions or comments, please do not hesitate to contact me.

 

Sincerely, s/Dan Orr, City Planner/Grant Writer

 

Appearing for the petitioner was Attorney Robert Tedesco, Tedesco Law Offices, P.C., 88 Main Street, Woburn, Massachusetts 01801 and he stated that the property is located at the end of Presidential Way where Woburn abuts Wilmington, that the petitioner is a small local business, that the petitioner provides services to businesses, schools and colleges in the area, that the petitioner has been in business for seven years, that the business was previously located on Henshaw Street and Everberg Road, that the petitioner has seventeen employees, that the petitioner subleases space from Porter and Chester which is a technical school with seventy students on site at any given time, that Porter and Chester wanted to sublease its excess space, that no building permit was required when the petitioner moved into the building, that after locating in the building the petitioner learned that a special permit was required for overnight parking of commercial vehicles and for the operation of the business, that the petitioner leases 5,500 square feet with 1,000 square feet used for office and 4,500 square feet used for storage, that there are three loading docks, that no build out was required, that the City Solicitor issued an opinion relative to the wholesale establishment, warehouse and distribution center, that the petitioner is a wholesale use with no retail sales on site, that the petitioner has two commercial vans, seven 16-foot box trucks and one 24-foot truck, that the number and type of vehicles may change from time to time however the petitioner seeks authorization to park eleven vehicles which is sufficient for the business, that the vehicles are sent out for deliveries in the morning, that the petitioner receives deliveries during the week, that the delivery employees park their personal vehicles on site and leave with the company delivery vehicles, that delivery vehicles leave at 5:00 a.m. and return at 2:00 p.m., that the administrative staff hours are between 9:00 a.m. and 5:00 p.m., that the property is located deep in the industrial park near Route 93, that there are no nearby residences, that there is direct access to Route 93 and access down Commerce Way to Route 95/128, that there are 320 parking spaces with 276 parking spaces required for the current tenants on site, that there is a large parking lot, that this is not an overburdened parking lot, that the 4,475 square foot warehouse space requires six parking spaces, that 1,025 square feet of office space requires three parking spaces, eleven parking spaces are required for the commercial vehicles and eleven parking spaces are required for the delivery drivers personal vehicles, that there is more than enough parking on site, that the business use fits in the area and adds to the city’s tax base, that some of the Planning Department proposed conditions are reasonable however only a small portion of the building is being used by the petitioner, that the petitioner’s vehicles are already registered in Woburn, that the petitioner can stripe the parking spaces for the vehicles to be parked overnight weather permitting, that the restriction on transferability of the special permit is acceptable, that the proposed condition requiring the redesign of the parking lot is an excessive request, that requiring the refuse area and loading bays to the added to the plan is excessive, that there is one dumpster for trash and one dumpster for recycling on site, that the request for a snow storage plan is excessive, that he requests favorable action on the petition, that the petitioner did not have a special permit for the operation on Henshaw Street, that the petitioner was not aware of the requirement for a special permit, that this is the third location that the petitioner has had in the city and this is the first time this became on issue, that Porter and Chester does not use the whole building, that he is not aware of any other tenants other than Porter and Chester and the petitioner, that there is some unused portion of the building such as a café that was to be used for culinary arts courses which were not offered, that the petitioner stocks vending machines, that the petitioner sells coffees, that there are no direct sales at the site, that the dumpsters are located near the loading area, that the petitioner does not have a dumpster and will not bring its own dumpsters to the site, that he is not certain whether a snow storage plan is already on file, and that Porter and Chester may have been located at the site before there was a requirement for a snow storage plan to be filed. Gregg Christo, Manager of the petitioner stated that the business is already operating at the locus, that the petitioner has been at the location since March 2016, that the company vehicles are parked on the site, that the company has four or five 16-foot trucks and two vans, that the petitioner has seventeen employees, that the hours of operation are 5:00 a.m. to 5:00 p.m., that the petitioner services vending machines and delivers food to businesses, that the petitioner delivers all packaged goods, that trash is disposed in the dumpster, that cardboard is often left at the customer locations once a delivery is made, that the petitioner has little trash, that the petitioner used to be a vending company and is now a refreshment business where customers often give away product as refreshments, that the petitioner has recently removed some vehicles form the road as they improve efficiency, that the business originally operated from Everberg Road, that the company grew out of that space, that the petitioner serviced Porter and Chester as a customer at all of their locations, that as a result of this relationship the petitioner learned of the available excess space and entered into a sublease, that the location is a perfect fit for the business, and that during the last snow storm they moved their vehicles to allow the landlord to plow the area and then moved the vehicles back into the parking spaces. Alderman MercerBruen stated that the conditions proposed by the Planning Department do not seem excessive, that the matter may require further review in committee, that she wants a list of the trucks on file, that the snow storage plan is not intended to require a snow storage plan for the entire site, that there should be certainty that the petitioner will be responsible for its own trash, and that the city should know what vehicles are parked on the site and that the vehicles will fit on the site. Alderman Gately stated that he visited the area, that nine vehicles were parked in the area which on the map is for the petitioner’s vehicles, and that the building has been in existence for a longer period of time than the City Council has been requesting snow storage plans. Alderman Campbell stated that Porter and Chester is large and the requirement of a snow storage plan for this petitioner’s business on that site seems excessive, that the trash is being disposed without issue currently, and that the Planning Department proposed third condition may not be needed for this use. President Haggerty stated that having a snow storage plan on record and requiring the dumpster to be screened are common conditions on special permits, that the petitioner does not pay for snow removal, and that the landlord could be requested to submit a snow storage plan. Alderman Anderson stated that the list of vehicles should be as of now but this should not be an ongoing obligation, and that the list of vehicles should be the current inventory. PUBLIC COMMENTS: None. Motion made and 2nd that the public hearing be closed, 8 in favor, 1 opposed (Mercer-Bruen opposed), 0 absent. PUBLIC HEARING CLOSED. Motion made and that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That the conditions recommended by the Planning Department be adopted as conditions of the special permit with the exception of Condition 3; 2. That Condition 2 be amended to read “That the area designated for overnight parking must be lined by June 30, 2017 so that the proposed commercial vehicles actually fit into the parking spaces marked on the ground”; 3. That Condition 8 be added as follows “No onsite sales”; 4. That Condition 9 be added as follows “That the petitioner shall provide a list of vehicles that will be parked on site and proof that the vehicles are registered in the city of Woburn”; 5. That Condition 4 be amended to read “That the proposed Plan of Record be revised to show the location of a refuse area and the loading bays required by Section 8.7 of the Zoning Ordinance and that the refuse are shall be screened”; 6. That Condition 5 be amended to read “That the owner of the building shall be file a snow storage plan with the Building Commissioner,”, all in favor, 9-0.

 

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Motion made and 2nd that the public hearings on the next two matters be held collectively, all in favor, 9-0.

 

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On the petition by 124 Lexington Street Realty Trust, John Marotto, Trustee, 122

Lexington Street, Woburn, Massachusetts 01801 for a special permit pursuant to 1985

Woburn Zoning Ordinances, as amended, to allow for work in a floodplain under Section

9 and construction of a single family home in the groundwater protection district under Section 15 at 124 Lexington Street. PUBLIC HEARING OPENED. A communication dated December 15, 2016 was received from Dan Orr, City Planner/Grant Writer as follows:

 

Re:  Planning Department comments on special permit applications for 124 & 130 Lexington Street (**joint letter**)

 

Dear Council:

 

The Planning Department has reviewed the above-referenced petitions submitted by 124 Lexington Street Realty Trust and 130 Lexington Street Realty Trust, which collectively request approval for construction of two single-family homes on properties within a Floodway and Flood Plain District and a Groundwater Protection District (Sections 9 and

15, respectively, of the Woburn Zoning Ordinances [WZO]). The properties are in the Residential-One (R-1) zoning district and while the proposed houses would conform to rear and side setback requirements, front setback dimensions are not indicated on the engineer-certified plot plan. The proposed construction is within Conservation Commission jurisdiction.

 

There are several concerns raised by the application:

 

  1. The plans filed with the Council differ from those approved by the Conservation Commission. At least one change has been made; the parcel slated to be given to the

City’s Conservation Commission will instead remain in private ownership and a

Conservation Restriction imposed on it. Other changes may have been made. The Council should ensure that the plans it reviews/approves mirror those of the Conservation Commission.

  1. Both proposed residences are located in a floodplain district and are therefore subject to Section 9 of the WZO. In accordance with Section 9.3, only 20% of the area of the floodplain on any lot may be included in the calculation of a lot’s area. The Council should determine whether either lot will in fact meet this restriction. If they do not, it is unclear how or whether this requirement could be waived or varied. No Council authorization is provided in Note 1 to Section 5.1 Table of Use Regulations. In addition, this restriction, and the two that follow in paragraphs 3 and 4 below, may be Federal Emergency Management Agency (FEMA)-mandated restrictions. If so, waiving them may jeopardize the City’s standing with respect to compliance with FEMA requirements.
  2. Neither lot appears to meet 25-ft. minimum elevation distance required by Section 9.6.2.2. Proposed work at #130 Lexington Street also appears to violate this provision.
  3. The work at #130 Lexington St. would appear to violate Section. 9.6.2.4 with respect to the driveway for that property.
  4. Section 9.6.2.8 requires the proponent to include multiple certifications from a registered engineer or architect. Plannning staff did not see these certifications in either application.
  5. With respect to the Groundwater Protection District (Section 15 of the WZO), Planning Department recommends the Council requires the insertion of deed restrictions for all lots and the deed provisions should list the prohibitive and restricted uses listed in 15.6.b and 15.6.c.
  6. If the Council votes to approve either of these applicaitons, Planning staff recommend incorporating Condition #106 of the Conservation Commission’s Order of Conditions, which states, “No filling of the compensatory flood storage area is allowed at any time. This condition shall remain in effect in perpetuity and shall not expire with the issuance of a Certificate of Compliance/Final Release.”

 

If you have any questions or comments, please do not hesitate to contact me.

 

Respectfully, s/Dan Orr, City Planner/Grant Writer

 

Appearing for the petitioner was Attorney Mark Salvati, 10 Cedar Street, Suite 26,

Woburn, Massachusetts 01801 and he stated that both houses have been approved by the Conservation Commission, that there are some issues that may need additional work in committee, that the petitioner has owned the parcel for over forty years, that the petitioner proposes to construct two 2½ story houses, that a conservation restriction on the plan may change some of the dimensions on the plans, that the Conservation Commission is concerned about the wetland but not the flood plain, and that additional work has to be done relative to the floodplain. Alderman Gately stated that there are a number of Conservation Commission restrictions on the property, that there will be no access to the rear of the property, that permission will be required from MassDOT for the curbcut, and

permission will be needed from the city to connect to the sewer system. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JANUARY 17, 2017 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 130 Lexington Street Realty Trust, John Marotto, Trustee, 122

Lexington Street, Woburn, Massachusetts 01801 for a special permit pursuant to 1985

Woburn Zoning Ordinances, as amended, to allow for work in a floodplain under Section

9 and construction of a single family home in the groundwater protection district under Section 15 at 130 Lexington Street. PUBLIC HEARING OPENED. A communication dated December 15, 2016 was received from Dan Orr, City Planner/Grant Writer as follows:

 

Re:  Planning Department comments on special permit applications for 124 & 130 Lexington Street (**joint letter**)

 

Dear Council:

 

The Planning Department has reviewed the above-referenced petitions submitted by 124 Lexington Street Realty Trust and 130 Lexington Street Realty Trust, which collectively request approval for construction of two single-family homes on properties within a Floodway and Flood Plain District and a Groundwater Protection District (Sections 9 and

15, respectively, of the Woburn Zoning Ordinances [WZO]). The properties are in the Residential-One (R-1) zoning district and while the proposed houses would conform to rear and side setback requirements, front setback dimensions are not indicated on the engineer-certified plot plan. The proposed construction is within Conservation Commission jurisdiction.

 

There are several concerns raised by the application:

 

  1. The plans filed with the Council differ from those approved by the Conservation Commission. At least one change has been made; the parcel slated to be given to the

City’s Conservation Commission will instead remain in private ownership and a

Conservation Restriction imposed on it. Other changes may have been made. The Council should ensure that the plans it reviews/approves mirror those of the Conservation Commission.

  1. Both proposed residences are located in a floodplain district and are therefore subject to Section 9 of the WZO. In accordance with Section 9.3, only 20% of the area of the floodplain on any lot may be included in the calculation of a lot’s area. The Council should determine whether either lot will in fact meet this restriction. If they do not, it is unclear how or whether this requirement could be waived or varied. No Council authorization is provided in Note 1 to Section 5.1 Table of Use Regulations. In addition, this restriction, and the two that follow in paragraphs 3 and 4 below, may be Federal Emergency Management Agency (FEMA)-mandated restrictions. If so, waiving them may jeopardize the City’s standing with respect to compliance with FEMA requirements.
  2. Neither lot appears to meet 25-ft. minimum elevation distance required by Section 9.6.2.2. Proposed work at #130 Lexington Street also appears to violate this provision.
  3. The work at #130 Lexington St. would appear to violate Section. 9.6.2.4 with respect to the driveway for that property.
  4. Section 9.6.2.8 requires the proponent to include multiple certifications from a registered engineer or architect. Plannning staff did not see these certifications in either application.
  5. With respect to the Groundwater Protection District (Section 15 of the WZO), Planning Department recommends the Council requires the insertion of deed restrictions for all lots and the deed provisions should list the prohibitive and restricted uses listed in 15.6.b and 15.6.c.
  6. If the Council votes to approve either of these applicaitons, Planning staff recommend incorporating Condition #106 of the Conservation Commission’s Order of Conditions, which states, “No filling of the compensatory flood storage area is allowed at any time. This condition shall remain in effect in perpetuity and shall not expire with the issuance of a Certificate of Compliance/Final Release.”

 

If you have any questions or comments, please do not hesitate to contact me.

 

Respectfully, s/Dan Orr, City Planner/Grant Writer

 

SEE RECORD NOTE FROM PRECEDING MATTER. Motion made and 2nd that the

PUBLIC HEARING be CONTINUED TO THE REGUL    AR MEETING OF THE CITY COUNCIL ON JANUARY 17, 2017 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor, 9-0.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

 

PUBLIC SAFETY AND LICENSES:

 

On the petitions for renewal of Second Class Motor Vehicles Sales Licenses by Anchor

Auto Sales, Inc.; Francis Garbino dba Tom’s Auto Body; and Nicolas Saba dba Montvale

Service, 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 22, 2016       s/Scott D. Galvin December 22, 2016

 

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 On the petition by Abdelaziz Ilaj dba Woburn Motor Sports for transfer and renewal of Second Class Motor Vehicle Sales License, 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 22, 2016       s/Scott D. Galvin December 22, 2016

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NEW PETITIONS:

 

Petition by Shamrock Running Club, P.O. Box 602, Woburn, Massachusetts 01801 for a Special Event Permit for a road race and health walk on January 1, 2017 beginning and ending at Irish American Club, 147 Main Street. Motion made and 2nd that the SPECIAL EVENT PERMIT be GRANTED, all in favor, 9-0.

Presented to the Mayor: December 22, 2016       s/Scott D. Galvin December 22, 2016

 

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Petitions by David Pruyne for approval of an exemption under M.G.L. Ch. 268A, §20(b) to allow the provision of snowplow services to the city. Motion made and 2nd that the

EXEMPTION PURSUANT TO M.G.L. Ch. 268A, SECTION 29(b) be GRANTED all in favor, 9-0.

Presented to the Mayor: December 22, 2016       s/Scott D. Galvin December 22, 2016

 

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Petition by M&L Transit Systems, Inc., 60 Olympia Avenue for renewal of First Class Motor Vehicle Sales. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

 

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Petitions for renewal of Second Class Motor Vehicle Sales Licenses by Cambridge Road

Auto Service, Inc. dba Woburn Plaza Shell, 293 Cambridge Road; Enterprise Fleet

Management, Inc., 248 Mishawum Road; Joseph P. Mahoney Company, Inc., 293 Salem Street; and Murray’s Enterprises, Inc. dba Murray’s Auto & Truck Sales, 88 Winn Street. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PBLIC SAFETY AND LICENSES, all in favor, 9-0.

 

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A  communication dated December 15, 2016 with attachments was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Reaffirmation of approval for request for minor modification of Special Permit Decision, 4 Montvale Avenue Realty Trust, 4 Montvale Avenue, Woburn, MA

 

Dear Mr. Campbell:

 

On August 11, 2016 I filed the enclosed request and Site Plan with your office requesting that the City Council, at its meeting on August 16, 2016 approve a minor modification to the Landowner’s Decision and Notice of Special Permit that had been appealed and settled in the Middlesex County Superior Court. The request for minor modification involved the settlement by the Petitioner with the abutter which resulted in the Petitioner acquiring an additional 96 square feet of property that will remain as open space with a new door for egress from the first floor. After reviewing the request which does not result in any change or modification to the location of the building nor does it change any of the conditions contained in the Decision, the City Council voted unanimously 9-0 to allow for the minor modification. See copy of August 16, 2016 City Council Journal enclosed with this request.

 

Subsequent to the action by the City Council on the minor modification, an issued was raised as to whether or not the original Special Permit should have officially been issued prior to the minor modification request. The original Landowner’s Decision and Notice of Special Permit was issued yesterday after receipt by your office of the original Clerk’s Certificate from the Middlesex County Superior Court certifying the abutter’s appeal was dismissed. After reviewing this issue I am requesting that the City Council vote again on the Request for Minor Modification so that procedurally we are correct.

 

Therefore, on behalf of my client, I respectfully request approval by the City Council at its meeting on December 20, 2016 of a minor modification to the Decision by replacing the plan referenced in Condition 5 with the revised plan included herewith. The proposed revision to the Decision by substituting the plan showing the additional 96 square foot lot which was part of the settlement with the abutter on the appeal of the original Special Permit Decision does not result in any change or modification to the location of the building nor does it change any of the conditions contained in the Decision.

 

Thank you for your consideration.

 

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

 

Alderman Gately stated that the special permit was previously approved. President Haggerty stated that the special permit had been approved and appealed, that the appeal has been resolved, that the City Council had granted a minor modification however confirmation of the dismissal of the appeal was required from the court before that action could be final. Motion made and 2nd that the communication be accepted and that the MINOR MODIFICATION REQUESTED be APPROVED, all in favor, 9-0.

 

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A communication dated December 15, 2016 with attachments was received from Attorney Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 as follows:

 

Re: 129 Pearl Street

 

Dear President Haggerty and Council Members:

 

Request is made to modify a special permit issued to Dominic and Adrianne Orgettas, dated August 11, 2016 allowing for a garage over 900 square feet at 129 Pearl Street. This request is made to reference a new plan of record as attached hereto. There is no change in the garage itself, but the Woburn Conservation Commission requested the building to be moved approximately 7 feet further back from the wetland area. Therefore, we request to amend the special permit decision to reference the plan dated October 3, 2016 rather than the December 17, 2015 plan.

 

Thank you for your attention to this matter and please call with any questions.

 

Very truly yours, s/Mark J. Salvati

 

Alderman Gately stated that the garage will be moved to conform to the plan approved by the Conservation Commission. Motion made and 2nd that the MINOR MODIFICATION REQUESTED be APPROVED, all in favor, 9-0.

 

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Petition by Red Robin International, Inc., 369 Washington Street, Woburn,

Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.64 to operate tabletop Ziosk devices at 369 Washington 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 30, 2016 was received from Joanne Collins, Director, Woburn Council on Aging along with a copy of the Director’s Report and the minutes of the Council on Aging meeting for the month of November 2016. 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 6, 2016 with attachments was received from City

Solicitor Ellen Callahan Doucette relative to The Regulation and Taxation of Marijuana Act. 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 15, 2016 was received from the Commerce Way Corridor Overlay District Committee as follows:

 

Re: Commerce Way Corridor Overlay District – 120 Commerce Way

 

The Commerce Way Corridor Overlay District Committee (“the CWCOD Committee”) has completed review of the Concept Plan Review Application submitted by Cabot, Cabot & Forbes, LLC relative to 120 Commerce Way. The CWCOD Committee voted to forward a communication to the Woburn City Council and the Woburn Planning Board advising that the CWCOD Committee acted favorably on the petition, that the petitioner has met the necessary Concept Plan Submission Criteria set forth in 1985 Woburn Zoning Ordinances, as amended, Section 23.3.6, that during meetings held on November

16, 2016 and November 30, 2016 the CWCOD Committee discussed the necessary Minimum Concept Plan Review Criteria under 1985 Woburn Zoning Ordinances, as amended, Section 23.3.5, and that any further review in conjunction with a subsequent petition for a special permit take into consideration the bike path, pedestrian safety improvements, road reflectors and building materials.

 

Commerce Way Corridor Overly District Committee,

By its Clerk, s/William C. Campbell, City Clerk

 

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 9, 2016 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Petition to amend Zoning Map, Sports Management Services, Inc., Garfield, Avenue, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Please be advised that I represent Sports Management Services, Inc. in connection with the above-referenced petition. On behalf of my client I respectfully request that the public hearing scheduled before the City Council for January 3, 2017 be continued to the City Council meeting scheduled for February 7, 2017. We have filed a request with the Planning Board to continue its hearing from December 13, 2016 to its meeting scheduled for January 17, 2017. If you have any questions please feel free to contact me. Thank you.

 

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

 

Motion made and 2nd that the public hearing be continued to February 7, 2017, all in favor, 9-0.

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UNFINISHED BUSINESS OF PRECEDING MEETING: 

 

On the petition by Velozo Enterprises, Inc. dba Rogers Radiator for renewal of Second Class Motor Vehicles Sales License. Motion made and 2nd that the matter be taken from the table, all in favor, 9-0. Alderman Tedesco stated that he spoke to the Building Commissioner and the petitioner concerning the chainlink fence, and that he will offer a condition that was acceptable to the petitioner and Building Commissioner. Motion made and 2nd that the RENEWAL OF THE SECOND CLASS MOTOR VEHICLE SALES LICENSE be APPROVED, AS AMENDED with the additional condition to read “The petitioner shall install a new fence in 2017 to be in compliance with Woburn Zoning Ordinances Section 5.3. If a fence is not installed during the year, a 2018 renewal shall not be granted.”, all in favor, 9-0. Motion made and 2nd that a communication be sent to the Building Commissioner concerning the matter, all in favor, 9-0.

Presented to the Mayor: December 22, 2016       s/Scott D. Galvin December 22, 2016

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     Be it ordained by the City Council of the City of Woburn that the 1989 Woburn Municipal Code, as amended, be further amended by deleting from Section 3-19 Schedule of fees for licenses and permits the following: “Skating Rinks $100.00 annually”.

 

s/President Haggerty

 

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

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 7:28 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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