City Council – 02/06/2007

DATE 02/06/2007
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

FEBRUARY 6, 2007 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

Ciriello                        Gately

Denaro                       Galvin

        Drapeau                      Gonsalves

           Dwyer                         Mercer-Bruen

Doherty

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

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Motion made and 2nd to suspend the rules for the purposes of taking the following matter out of order, all in favor, 9-0.

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RESOLVED Whereas, Sgt. First Class Keith A. Callahan was a long-time resident of

the City of Woburn having attended the Clapp Elementary School, the

Daniel L. Joyce Middle School and graduating with the Woburn High

School class of 1993; and

 

Whereas, Sgt. First Class Keith A. Callahan was active in sports in his youth having been a member of Woburn High School baseball, wrestling and football teams; and

 

Whereas, following his graduation from Woburn High School Sgt. First Class Keith A. Callahan enlisted in the United States Army where he received boot camp training, then was involved in the Basic Airborne Course at Ft. Bennington, Georgia, then reported to the 82nd Airborne

Division and was assigned as a fire team leader in the 2nd Battalion, 325th

AIR; and

 

Whereas, Sgt. First Class Keith A. Callahan served four deployments with the Second Brigade in support of “Operation Iraqi Freedom” in which he was described as “a warrior that embodied the spirit of freedom”; and

 

Whereas, Sgt. First Class Keith A. Callahan was the recipient of the following medals, awards and decorations: the Purple Heart, Bronze Star, Army Commendation, the Army Achievement Medal with one oak leaf cluster, the National Defense Service Medal, the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal and Service Medal, the Humanitarian Service Medal, the Non-Commissioned Officer Professional Development Ribbon, Army Service Ribbon, the Combat Infantry Badge, the Expert Infantry Badge and the Ranger Tab, and Senior Parachutists

Badge; and

 

Whereas, on January 24, 2007, Sgt. First Class Keith A. Callahan sacrificed his life in service to his country while conducting combat patrol south of Baghdad, Iraq;

 

Now, Therefore, the City Council of the City of Woburn recognizes with deep appreciation the sacrifices of Sgt. First Class Keith A. Callahan in defending the cause of freedom and liberty and expresses its sincere and heartfelt condolences to his wife Dody Callahan and his children, Tyler, Devin, Brady and Brooke, and calls upon the residents of the community to reflect on the dedicated life of this honorable soldier and noble man.

 

s/President Doherty

 

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

Presented to the Mayor: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

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A moment of silence was observed in memory of Sgt. First Class Keith A. Callahan.

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

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MAYOR’S COMMUNICATIONS: 

 

A communication dated January 25, 2007 was received from His Honor the Mayor as follows:

 

Dear President Doherty:

 

I would like to please request the opportunity to meet with the City Council in Executive Session during its Regular Meeting on February 6, 2007, for the purposes of discussing pending litigation.

 

I also request that this be first on the agenda because the City’s attorney(s) will be present.

 

Thank you.

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

Motion made and 2nd that the City Council meet in Executive Sessions, ROLL CALL:

Ciriello – Yes, Denaro – Yes, Drapeau – Yes, Dwyer – Yes, Galvin – Yes, Gately – Yes, Gonsalves – Yes, Mercer-Bruen – Yes, Doherty – Yes. The City Council removed to the Committee Room at 7:40 p.m. The City Council returned to the Council Chambers at 8:20 p.m. President Doherty called the meeting to order and stated that the Executive Session was held under the provisions of Massachusetts General Laws Chapter 39, Section 23B(3).

 

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

 

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ORDERED     That the sum of $1,500,000.00 be and is hereby appropriated as so stated from Stabilization Fund Acct #704059-596100 $1,500,000.00 to Demolition of Old Reeves Elementary School Acct #0112158-586572 $1,500,000.00.

 

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

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

 

s/President Doherty (per request)

 

Alderman Denaro stated that this proposal will require a lot of information before it will be ready for action. Alderman Drapeau stated that there is a commitment by the mayor on this issue and that there is significant information available on the proposal. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in

favor, 9-0. Motion made and 2nd as follows: 1. That a request be made for a copy of the original plans for the site relative to construction and demolition, 2. That a request be forwarded to the city auditor and the business manager of the school department as to what reimbursement request was made for the costs of demolition, and 3. That a request be made for a copy of the documents relative to the cost of demolition, all in favor, 9-0.

 

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ORDERED     Whereas, emergency response to critical incidents requires integrated professional management; and

 

Whereas, the Incident Command System (ICS) of such incidents is recognized as the management model to maximize the public safety response; and

 

Whereas, the National Incident Management System (NIMS) has been identified by the federal government as the being the requisite emergency management system for all political subdivisions; and

 

Whereas, adoption of both the Incident Command System (ICS) and the National Incident Management System (NIMS) are necessary for the city of Woburn to remain eligible for reimbursement of costs expended after an emergency occurs and for further homeland security preparation and training funding;

 

Now, Therefore, Be it Ordered that the city of Woburn hereby adopts the principles and policies of the National Incident Management System (NIMS); formally recognizes the National Incident Management System (NIMS) as the local standard for incident management; and as such adopts the Incident Command System (ICS) as the official incident response system of the city of Woburn.

 

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

 

s/President Doherty

 

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

Presented to the Mayor: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

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PUBLIC HEARINGS:  

 

On the petition by National Development Acquisitions LLC, c/o National Development of New England, 2310 Washington Street, Newton Lower Falls, Massachusetts 02462 to further amend the Zoning Map of the City of Woburn as follows: By amending the present zoning district of a certain parcel of land containing approximately 5.00 acres of land at 112 Commerce Way identified on Woburn Assessors’ Map 10, Block 01, Lot 02 from the IP-2 zoning district to the B-I zoning district. PUBLIC HEARING OPENED. A communication dated January 22, 2007 was received from Attorney Joseph R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Proposed Zoning Map Amendments for 112 Commerce Way, Woburn, MA

 

Dear Mr. Campbell:

 

Due to the fact that the traffic data requested by the Planning Board in connection with this Petition will not be available by Tuesday, January 23, 2007, I respectfully request that the public hearing on this matter be further continued to the City Council meeting scheduled for February 20, 2007. If you need any further information, please contact me. 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

FEBRUARY 20, 2007, all in favor 9-0.

 

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On the petition by Nodraer Realty Corporation, 120 Commerce Way, Woburn,

Massachusetts 01801 to further amend the Zoning Map of the City of Woburn as follows:

By amending the present zoning district of a certain parcel of land containing approximately 3.42 acres of land at 120 Commerce Way identified on Woburn Assessors’ Map 10, Block 01, Lot 03 from the IP-2 zoning district to the B-I zoning district. PUBLIC HEARING OPENED. A communication dated January 22, 2007 was received from Attorney Joseph R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Proposed Zoning Map Amendments for 120 Commerce Way, Woburn, MA

 

Dear Mr. Campbell:

 

Due to the fact that the traffic data requested by the Planning Board in connection with this Petition will not be available by Tuesday, January 23, 2007, I respectfully request that the public hearing on this matter be further continued to the City Council meeting scheduled for February 20, 2007. If you need any further information, please contact me. 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

FEBRUARY 20, 2007, all in favor 9-0.

 

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On the petition by Boys & Girls Club of Woburn, Inc., Charles Gardner Lane, Woburn, Massachusetts 01801 for a special permit to conduct a carnival at the National

Amusements (Showcase Cinemas) site from Tuesday, May 15, 2007 to Sunday, May 20, 2007. PUBLIC HEARING OPENED. A communication dated January 25, 2007 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Boys & Girls Club of Woburn – 25 Middlesex Canal Park – Special Permit to conduct carnival

 

Dear Mr. Campbell and Members of the City Council:

 

At the meeting held on January 23, 2007, the Planning Board voted to forward a favorable recommendation to the City Council, subject to the condition that the applicant comply with Note 14 of the Notes to Section 5.1 of the 1985 Zoning Ordinance as amended.

If Council members have any questions or concerns regarding the above recommendations, please feel free to contact me.

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was James Haggerty, Carnival Chairman and he stated that the same carnival company that they have used for the last 25 or 30 years will be running the carnival, that the company is Dean and Flynn of Salisbury, Massachusetts, that they handle major carnivals, that the funds generated by the carnival go to the daily operation of the Boys and Girls Club of Woburn, Inc., that their membership has increased from 1,200 to 2,200, and that they will be adding a teen room. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing closed, all in favor, 9-0. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, all in favor 9-0.

 

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On the petition by Brad Kent, Agent to Nextel Communications, 30 Lyman Street, Suite

12, Westbourough, Massachusetts 01581 for a special permit to replace the existing nine (9) antennas on an existing pipe frame with twelve (12) antennas on a proposed anchored antenna roof frame pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended at 21 Warren Avenue. PUBLIC HEARING OPENED. A communication dated January 25, 2007 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Nextel Communications – 21 Warren Ave. – Special Permit under Section 7.3 to remove existing 9 antenna and replace with 12 antennas

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on January 23, 2007, the Board voted to forward the following recommendation to the City Council on the Special Permit request of Nextel Communications to allow for the removal of 9 existing antennas and to replace them with 12 antennas in accordance with Section 7.3 of the zoning ordinance at 21 Warren Avenue that the City Council require the petitioner to analyze the current request in accordance with Section 5.6 of the zoning ordinance and to approve the request only if the Special Permit conforms with Section 5.6 of the zoning ordinance and the following conditions:

 

  1. That the petitioner shall post a bond for future removal; and
  2. That the petitioner shall contribute up to $5000 for the cost of a survey for the siting of wireless communication facilities within Woburn.

 

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

 

A communication dated January 22, 2007 was received from Brett F. Gonsalves, Senior Engineer, Woburn Engineering Department as follows:

 

Subject: 21 Warren Avenue – Nextel Antennas Special Permit

Special Permit Application Dated 12/15/06

Plans Dated 10/4/ 06

 

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

 

The special permit application outlines the removal of an existing 9 antenna assembly and replacing it with a 12 antenna assembly in the same location. This office takes no exception to the special permit application as submitted.

 

We are not aware if this project is subject to the on going communications study being verified by the City Council.

 

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

 

Appearing for the petitioner was Brad Kent and he stated that the property is owned by New Horizons, that the antenna will transmit and receive signals from Nextel phones, and that the antennas will be more aesthetically pleasing than the current antennas. Peter Sherwood, Nextel Project Manager stated that the project involves returning to current sites and increase the number of antennas from nine to twelve, that this will boost their coverage, that Nextel may be looking for additional sites in the area in the future, that there will be no impact on the facility except for perhaps the crane being on site the day of installation, and that they will work to minimize disruption to the residents. IN FAVOR: Rob Nigro, Executive Director of New Horizons stated that the property is owned by Cummings Foundation, that they are in favor of the proposal, and that their request was for this work to be performed to make the facility more aesthetically pleasing. OPPOSED: None. Motion made and 2nd that the public hearing closed, all in favor, 9-0. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the conditions as follows: 1. That the Planning Board conditions be adopted as conditions of the special permit, all in favor 9-0.

 

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President Doherty stepped down from the chair and Alderman Galvin assumed the chair.

 

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On the petition by President Charles Doherty to further amend the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. By amending Section 5.1 “Table of Use Regulations” by striking therefrom the “X” under line 5 “Dwelling units above first story in commercial structure” in the B-D zoning district and inserting a “P” in its place, meaning and intending to require a special permit for “Dwelling units above first story in commercial structure” in the B-D zoning district. 2. By adding under the “Notes; other sections” column under Section 5.1.5 the words and numbers “Section 11.6.11” 3. By adding a new Section 11.6.11 as follows: 11. Dwelling Units above first story in commercial structures in the B-D District. 1. A parking plan shall be approved by the City Council to ensure that adequate on-site and off-site parking, including parking in a municipal parking lot within 500 feet of the locus, is available to serve the unit and which would not create an undue burden on municipal parking facilities. 2. That if at the time of

application the locus has open space there shall be no reduction in excess of ten percent

(10%) of the open space. PUBLIC HEARING OPENED. A communication dated January 25, 2007 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Alderman Charles E. Doherty – to amend Sections of the Woburn Zoning Ordinance regarding the BD Zoning District

 

Dear Mr. Campbell and Members of the City Council:

 

At the public hearing held on January 23, 2007, the Woburn Planning Board voted to forward a favorable recommendation to the City Council on the above-cited zoning amendments to amend Section 5.1.5 and add a new Section 11.6.11 to the Woburn Zoning Ordinance.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

President Doherty stated that the city has worked to enhance the downtown by allowing residential units above commercial structures, that this allows revitalization of the downtown but creating a second source of income for the building owners, that there is a concern as to the extent of property in the B-D zoning district which is larger than just the immediate downtown, that the B-D zoning district allows buildings from lot line to lot line, that there are increased parking demands with the increased residential uses downtown, that there will be no impact on open space in the immediate downtown as the lots are already built out however some lots north and south of the center are in the B-D zoning district and have large amounts of open space, that this proposal allows some oversight of development by the city and requires the landowner to address the impact on parking and open space, that the lot which was backfilled on Montvale Avenue may have reduced the building rights of the property owner since the footprint of the building was not maintained after the building was lost to fire, that even with this proposal that project could move forward with a special permit, that the intent is not to increase costs of development but to track the impact of development on parking, and that there are many municipal parking lots spread out in the center of the city. Alderman Gately stated that he was concerned with the impact of the proposal on the redevelopment of the vacant lot at 4 Montvale Avenue on which the previous building was destroyed by fire. Alderman Denaro stated that he was concerned about how detailed the parking plans would have to be for building owners. Alderman Gonsalves stated that a set back from the front lot line may be beneficial for lots moving out from the immediate downtown corrider. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing closed, all in favor, 9-0. Motion made and 2nd that the ORDER be ADOPTED, all in favor 9-0.

Presented to the Mayor: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

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Alderman Galvin stepped down from the chair and President Doherty assumed the chair.

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COMMITTEE REPORTS:

 

FINANCE:

 

On the Order to transfer the sum of $146,000.00 from BLS Ambulance Receipts to Fire Ambulance Salary, 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: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

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On the Order to transfer the sum of $30,000.00 from BLS Ambulance Receipts to Ambulance Maintenance, 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: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

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On the Order to transfer the sum of $50,000.00 from Fire Ambulance Salary to Fire Sick Leave Buy Back, 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: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

************************* POLICE AND LICENSE:

 

On the petition by Lawless Chrysler Jeep, Inc. for renewal of a First 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: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

************************* PERSONNEL:

 

On the re-appoint of Alfred Tancreti as a member of the Woburn Handicapped and Disabled Citizens Commission, 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: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

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On the appointment of William J. Mulrenan as a member of the Woburn Golf & Ski Authority, 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: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

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

 

On the Order to repeal Title 2, Article XXXV, Section 2-214 through 2-226 of the 1989 Woburn Municipal Code, as amended, relative to the Biomedical Oversight Committee, 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: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

************************* SPECIAL PERMITS:

 

On the petition by Gerrior Realty LLC for a special permit pursuant to the 1985 Woburn Zoning Ordinances, as amended as follows:  Sections 5.1.43 to allow Open or outside storage of new or used building materials or equipment; 5.1.57A to allow Accessory Storage or Parking of Storage Container, Storage Trailer, Commercial Trailer or Semi Trailer, one or more; and 5.1.57B to allow Accessory storage or parking of commercial motor vehicles other than as provided for in line 58, trucks, buses or contractors’ equipment, all at 245 Salem Street, committee report was received as follows: “ought to pass with the following conditions: 1. That the Planning Board recommendations be made part of the Special Permit: a. That the petitioner be limited to three 16’ trailers and one 20’ trailer, three storage bins, and one 1 ton truck, all as shown on the parking plot plan, to be completed before the next meeting, b. That the Planning Board approved a landscaping plan and retain jurisdiction over the landscaping; 2. That the City Council will retain jurisdiction over landscaping; 3. That there be no additional outside storage; 4. That there be no retail or wholesale sale of materials allowed on site; 5. That there be gates across bins and trailers; 6. That this special permit is for Gerrior Realty LLC and is non-transferable, and 7. That there be a one year review on this Special Permit.” Motion made and 2nd that the COMMITTEE REPORT be RECEIVED, all in favor, 9-0. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, AS AMENDED, with the further amendments as follows: 1. That condition 5 be amended to read “That there be gates across bins and trailers and that the storage of vehicles and materials shall not be visible from the street line; 2. That condition 6 be amended to read “That this special permit is for Gerrior Realty LLC and is non-transferable and should Gerrior Realy LLC sell the property that the proposed owner shall receive City Council approval to continue to benefit from this special permit; 3. That there shall be a new condition 8 as follows “That all registered vehicles to be parked on the locus overnight shall be registered in the City of Woburn; 4. That there shall be a new condition 9 as follows “That there shall be no storage of diesel fuel on the locus”; 5. That there shall be a new condition 10 as follows “That the hours of operation shall be 6:00 a.m. to 6:00 p.m. Monday through Saturday; 6. That there shall be a new condition 11 as follows “That there shall be no freestanding signs at the locus; 7. That there shall be a new condition 12 as follows “That the special permit does not apply to any rental property on the site; 8. That there shall be a new condition 13 as follows “That the trash area shall be enclosed”; and 9. That there shall be a new condition 14 as follows “That travel to and from the site shall not use Pine Street as a way of travel”, all in favor, 9-0. Motion made and 2nd to suspend the rules to hear from the attorney for the petitioner, all in favor, 9-0. Attorney Stephen Columbus appeared and stated that Gerrior Realty LLC currently rents the property to Gerrior Landscaping. Alderman Mercer-Bruen stated that if Gerrior Realty LLC no longer rents the property to Gerrior Landscaping then a new mason or other user would have to request approval of the special permit for their use and that the current tenant other then Gerrior Landscaping which leases the property also has no benefit from this special permit.

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CITIZEN’S PARTICIPATION:  None.

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NEW PETITIONS:

 

Petition by Azure Dynamics, Inc., 9 Forbes Road for renewal of First Class Motor Vehicle Sales License. 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 New Boston Auto Exchange, 210 New Boston Street for renewal of a Second Class Motor Vehicle Sales License. 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 January 16, 2007 was received from Attorney Geoffrey A. Curtis, 8 Cedar Street, Suite 55, Woburn, Massachusetts 01801 as follows:

 

Re: Abdulla H. Nasser

 

Dear Ladies and Gentlemen:

 

This office represents Mr. Abdulla H. Nasser dba AACO Travel and Taxi, with respect to his taxicab license. Mr. Nasser’s current license for 1 can is good until April 30, 2007. A copy of the current Certificate of license is enclosed for your convenience.

 

Mr. Nasser would like to add another taxicab to his business in order to provide him with some coverage during busy periods. Accordingly, Mr. Nasser requests the Council to increase the number of taxicabs licensed from one (1) to (2).

 

Please call me if you have any questions, or if you require my client and I attend any hearings.

 

Very truly yours, s/Geoffrey A. Curtis

 

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

 

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Petition by Lorraine Realty Trust, 34A Holton Street, Woburn, Massachusetts 01801 for

Planning Board Site Plan Review pursuant to Section 12.2.4 of the 1985 Woburn Zoning Ordinances, as amended, for the creation of one hundred or more parking spaces at Holton Street/Bucci Way. Alderman Mercer-Bruen stated that the public should be heard on this proposal is the City Council is to provide recommendations and that the City Council should make recommendations as it has a right to do so. Alderman Gonsalves stated that the City Council has many times used the Council Chambers to receive public input, that the Council needs more opportunity to receive information, that a request can be made that the petitioner make a presentation for the Council, that there should be an opportunity for the Council to ask questions, that this may not require a public hearing but should be set up so that the Council hears from the petitioner, that the locus was previously before the Council but an opinion issued that since this was not a passenger transportation terminal a special permit was not required, that this proposal will allow in excess of 100 parking spaces, that this is not a commercial parking lot because the employees are not charged to park at this lot, that Section 12 of the zoning ordinances gives the jurisdiction of this matter to the Planning Board, that an opinion issued from the city solicitor in 2004 that this was not a commercial parking lot because no fee was charged to the employees, that the definition of a commercial parking lot could not be changed because there was not legal avenue to do so, that a City Council special permit would trigger mitigation with this project but it is not clear if the Planning Board petition triggers mitigation, and that a passenger transportation terminal requires a shelter and there is on with this proposal. Alderman Denaro stated that there is no point in holding a public hearing on this matter since it will appear that the City Council will be able to take action but has no authority to do so, that the Planning Board has authority to decide this issue, that if the intent of the City Council is to exercise this authority then the body should vote to take it back, and that a public hearing before the City Council is not needed on this matter as the Planning Board has the authority to decide. Alderman Drapeau stated that a public meeting can be held with constituents and that the City Council can endorse the recommendation, and that if it is determined that this is a bus station then the City Council would have more weight in this issue. Alderman Gately stated that the Planning Board can do their own review, that the City Council can make its recommendations to the Planning Board, and that there should be some mitigation to make improvements to Holton Street. Motion made and 2nd that a communication be forwarded to the Planning Board advising that the City Council will review this petition and provide a recommendation to the Planning Board, all in favor, 9-0.

 

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Petition by Manuel Jose and Marie Celeste Jose, both of 7 Dewey Avenue, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow the alteration of a pre-existing non-conforming

3-family residence to add a dormer and exterior staircases to rear of building located at

40-42 Porter Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Signal Communications Corporation, 4 Wheeling Avenue, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.1.57a of the 1985 Woburn Zoning Ordinances, as amended, to allow accessory storage or parking of commercial trailer or semi-trailer, one or more, at 4 Wheeling Avenue. Motion made and 2nd that MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Extra Space Storage, 15 Olympia Avenue, Woburn, Massachusetts 01801 for a special permit to modify the hours of operation condition on a prior special permit issued on February 8, 1989 pursuant to Section 11.3.12 of the 1985 Woburn Zoning Ordinances, as amended at 15 Olympia Avenue. 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 January 23, 2007 was received from Charles L. O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:

 

In accordance with Massachusetts General Laws Chapter 90, Section 20A½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending December 2006: number of tickets issued 2,110, number of tickets paid 1,645, number of hearings scheduled 766, number of tickets voided or dismissed 204, number of tickets outstanding 453, number of tickets issued by motorcycle officers 0, total dollar amount collected and turned into the Treasurer’s Office $69,742.60. There exists a backlog of 4,860 tickets for 1982 through 2005. Demands will be sent out until all tickets have been cleared. Parking violations turned over to Handicap Commission to date $13,100.00.

 

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.

 

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A communication dated January 18, 2007 with attachments was received from Joanne Collins, Director, Woburn Council on Aging along with the minutes of the January meeting of the Council on Aging, the Director’s report for the month of January and the Council on Aging Annual Report for Fiscal Year 2006. 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 February 1, 2007 was received from the City Clerk and attached thereto was a list of special permits with conditions requiring that the special permit be reviewed within a certain period of time. Motion made and 2nd that the MATTER be

REFERRED TO THE COMMITTEE ON SPECIAL PERMIT/SITE PLAN REVIEW, all in favor, 9-0.

 

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A communication dated January 22, 2007 was received from the Traffic Commission advising that the jurisdiction of the Traffic Commission is over “vehicular street traffic, pedestrian traffic and parking in the city and to the movement, stopping or standing of vehicles on, and their exclusion from, all or any streets, ways, highways, roads or parkways, under the control of the city” and that the jurisdiction does not extend to private developments. 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 January 22, 2007 was received from Attorney John W. Giorgio, Kopelman and Paige, P.C. relative to solid waste user fees. 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 January 19, 2007 was received from Attorney Brian W. Riley and Attorney Lauren F. Goldberg, Kopelman and Paige, P.C. relative to the applicability of the open meeting and public records laws to employee search/screening committees. 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 January 2, 2007 was received from C.N. Wood Co., Inc., 200 Merrimac Street, Woburn, Massachusetts 01801 relative to their efforts to minimize truck traffic from traveling along Merrimac Street. 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 January 16, 2007 with attachment was received from Paul W.

Cote, Government Relations Director, Massachusetts Motorcycle Association, P.O. Box 516, Amesbury, Massachusetts 01913 requesting that the City Council declare and participate in the State’s Motorcycle Safety Awareness Period during the last week of March through the last week of April 2007, to authorize the Association to erect a two foot by eight foot sign promoting motorcycle safety in a location to be determined, and to appoint a public safety official to work with the Association in coordinating the effort.

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 February 2, 2007 was received from Attorney John D. McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 as follows:

 

Re: Request for Approval of Conservation Restriction

Premises: 5 Diana Drive, Woburn, MA

 

Ladies and Gentlemen of the City Council:

 

I am submitting herewith for your approval a “Conservation Restriction” on the abovepremises. The Restriction was required by the Conservation Commission, and isin a form which has been reviewed and approved by both the Administrator and Commission Chairman, and is in a form as well which is consistent with similar Restrictions approved in the past. As you know, in order to be valid, they must also be approved and signed by the City Council and Mayor.

 

If you have no objections, we would appreciate it if you could vote to approve the Restriction, in which event this can then be submitted to the Mayor for his approval as well. We are attempting to coordinate a closing on the property later this week, and your action this evening, if at all possible, would allow the property owner and the new buyer to maintain that closing date.

 

Thank you for your cooperation in this matter.

 

Sincerely, s/John D. McElhiney

 

A Conservation Easement and Restriction was received from Charles M. Norcutt and Maragaret A. Norcutt, both of 5 Diana Drive, Woburn pursuant to Sections 31, 32 and 33 of Chapter 184 of the Massachusetts General Laws granting, with quitclaim covenants, to

the City of Woburn in perpetuity and exclusively for conservation purposes a

Conservation Restriction on a parcel of land located in the City of Woburn, Massachusetts and being a portion of Lot 255 on Land Court Plan No. 5711-28, said portion being further labeled on a sketch plan attached hereto as Exhibit A, as “Area Subject to Conservation Easement”, (said portion so restricted hereafter called the “Premises”). Motion made and 2nd that the CONSERVATION RESTRICTION be ACCEPTED, all in favor, 9-0.

 

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A Conservation Easement and Restriction was received from Eugene E. Won and Jessica S.Won, 123 Burlington Street, Woburn pursuant to Sections 31, 32 and 33 of Chapter 184 of the Massachusetts General Laws granting, with quitclaim covenants, to the City of Woburn in perpetuity and exclusively for conservation purposes a Conservation Restriction on a parcel of land located in the City of Woburn, Massachusetts, consisting of approximately 10,022 square feet being shown on a plan entitled “Conservation Restriction Plan of Land at 123 Burlington Street in Woburn, Mass.”, dated December 13, 2006, prepared for the Grantor by Edward J. Farrell, P.L.S., attached as Exhibit A, said area shown on said Exhibit A as shaded area depicated as “CR” (the “Premises”),

and more particularly described in Exhibit B. Motion made and 2nd that the CONSERVATION RESTRICTION be ACCEPTED, all in favor, 9-0.

 

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A communication dated January 16, 2007 with attachment was received from Mitchell L.

Fischman, AICP, Vice President, Daylor Consulting Group, Inc., 10 Forbes Road,

Braintree, Massachusetts 02184  along with an Expanded Environmental Notification Form relative to Mishawum Station, Old Mishawum Road, Woburn, Massachusetts. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     That the City of Woburn hereby accepts the provisions of Chapter 79 of the Acts of 2006 entitled “An Act Further Regulating Meetings of Municipal Boards” for meetings of the city council, planning board, board of appeals and conservation commission.

 

s/President Doherty

 

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

Presented to the Mayor: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

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ORDERED     The City of Woburn hereby petitions the Great and General Court of the Commonwealth of Massachusetts to amend the Charter of the City of Woburn by adopting the following proposed Special Act:

 

An Act regulating preliminary elections in the city of Woburn

Chapter 139 of the acts of 1946 is hereby amended by striking out the first sentence in section 1 and inserting in place thereof the following words:  Section 1. Except as otherwise provided herein, for every regular or special city election in the city of Woburn at which any elective municipal office is to be filled, there shall be held a preliminary election for the purpose of nominating candidates therefore. The board of aldermen shall fix the day of holding preliminary elections. The date fixed shall be no later than the sixth Tuesday preceding the regular or special election. The action of the board of aldermen in fixing the date of the preliminary election shall be taken not later than the sixtieth day prior to the date so fixed.

 

s/President Doherty

 

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

Presented to the Mayor: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

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RESOLVED That the Superintendent of Public Works install signs reading “no parking here to corner” on Main Street north and south of Richardson Street a distance of twenty (20) feet.

 

s/Alderman Gately

 

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

Presented to the Mayor: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

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RESOLVED That the Traffic Commission investigate the feasibility of establishing a no parking zone on the easterly side of Main Street from the intersection with John Street to a point opposite Hudson Street.

 

s/Alderman Gately

 

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

Presented to the Mayor: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

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RESOLVED That the Traffic Commission meet with representatives of the Crestview Plaza relative to concerns regarding the parking layout of the Walnut Hill parking lot and its impact on their business.

 

s/Alderman Gately

 

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

Presented to the Mayor: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

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RESOLVED That pursuant to a recommendation of the Woburn Handicapped and Disabled Citizens Commission, the Traffic Commission establish a handicapped parking space in front of 62 Eastern Avenue

 

s/Alderman Gately

 

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

Presented to the Mayor: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

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RESOLVED That His Honor the Mayor instruct the Superintendent of Public Works to install a street light to illuminate the street at the end of Fuller Farm Lane at the end of the cul-de-sac.

 

s/Alderman Drapeau

 

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

Presented to the Mayor: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

_________________________

 

Motion made and 2nd that the following matters be added to the Order of the Day as late filed matters, all in favor, 9-0.

 

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RESOLVED Whereas, the plan of improvements for the property located at Bucci Way

and Holton Street currently being reviewed by the Planning Board under site plan review requirements provides a shelter for passengers that the Building Commissioner advise the City Council and the Planning Board whether the use is a passenger transportation terminal requiring a special permit from the City Council.

 

s/Alderman Gonsalves and

Alderman Mercer-Bruen

 

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

Presented to the Mayor: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007

 

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RESOLVED That a communication be forwarded to the Law Department requesting a written opinion as to whether Section 18 Development Impact Mitigation of the 1985 Woburn Zoning Ordinances, as amended, is applicable to site plan review special permits granted by the Planning Board under Section 12 Site Plan Review of the 1985 Woburn Zoning Ordinances, as amended.

 

s/Alderman Gonsalves and

Alderman Mercer-Bruen

 

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

Presented to the Mayor: Feb. 8, 2007         s/Thomas L. McLaughlin Feb. 8, 2007 *************************

A communication dated February 6, 2007 was received from Attorney Brian S. Grossman, Prince, Lobel, Glovsky & Tye, LLP, 100 Cambridge Street, Suite 220, Boston, Massachusetts 02114 as follows:

 

Re: Application for Special Permit

Property Address: 145 Lexington Street, Woburn, MA – Assessor’s Map 57, Block 2, Lot 3 (the “Prperty”)

Applicant: Omnipoint Communications, Inc., a wholly owned subsidiary of T-Mobile USA, Inc. (the “Applicant”)

 

Dear Honorable Members of the City Council:

 

This office represents the Applicant in connection with the Application for Special Permit before the City of Woburn City Council (the “Council”). In connection wit this matter, the Council is scheduled to hold a public hearing on February 20, 2007. The Applicant respectfully requests that is Application be withdrawn without prejudice. Due to a restructuring of priorities in the current network development, the Applicant has elected not to pursue this location at the present time.

 

The Applicant respectfully requests that the Council vote on this request at its next regularly scheduled meetingon February 6, 2007, so that it can be determined whether the Applicant’s representatives need to appear at the Council’s February 20th hearing.

 

Please do not hesitate to contact me if you have any questions or concerns.

 

Thank you for your consideration and attention to this matter.

 

Very truly yours, s/Brian S. Grossman

 

Motion made and 2nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, all in favor, 9-0.

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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 9:30 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

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