City Council – 01/02/2013

DATE 01/02/2013
TIME 7:00 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

JANUARY 2, 2013 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro  _________________________

 

Pursuant to Title 2, Article III, Section 2-13 of the 1989 Woburn Municipal Code, as amended, His Honor the Mayor Scott D. Galvin delivered the State of the City Address. In addition to the Members of the City Council, the following School Committee Members were seated in the legislative area of the Council Chambers for that portion of the meeting in which His Honor the Mayor made his address: Chairman Patricia Chisholm, Member Joseph Crowley, Member Christopher Kisiel, Member Margarette

Masotta, Member Michael Mulrenan, Member Denis Russell and Member Dr. John Wells. State Representative James Dwyer were also in attendance. The Mayor’s address was as follows:

 

State of the City of Woburn, Massachusetts

 

Good evening Honorable Members of the Woburn City Council, Woburn School Committee, City Board Members, Departments Heads, staff and guests.

 

Thank you President Denaro, members of the City Council, Chairman Mulrenan and members of the School Committee, for the opportunity to present “The State of Our City” to your distinguished boards and to the citizens of Our fine City.

 

As we begin the year 2013, I am pleased to report that we continue to solidify our financial position while still delivering the highest quality services to the residents of Woburn.

 

We have managed to almost double our free cash over the past three fiscal years—to a balance of $8.8 million, as certified by the Massachusetts Department of Revenue.  At the same time, we have actually lowered the average tax bill for two of the last three years.

 

In addition, we have accumulated a free cash balance of $6 million in the City’s Water and Sewer Enterprise Fund—while still maintaining affordable rates with no increases over the last three years.  In fact, this City Council actually lowered rates by 5 percent back in 2010 and that rate has remained unchanged.

 

As of this moment, we have earned a solid Aa2 bond rating from Moody’s—the result of our conservative budgeting and revenue forecasting, strong reserves and free cash balances.

 

We continue to deliver impressive financial results—thanks in large part to an open and cooperative relationship among my office and the dedicated City Department Heads and their staff members who work tirelessly on behalf of the taxpayers of our City – Thank you.

 

The City Council’s conservative approach to budgeting and careful review of appropriation requests has contributed positively to the City’s current, strong fiscal position.

 

In spite of our solid financial position, however, I remain vigilantly cautious as we start this new year. The potential effect of political gridlock in Washington D.C., and the uncertainty surrounding the effects of recent fiscal cliff negotiations is troubling and could have a major effect on our local economy and tax revenues.

 

At the state level, we were recently notified of 9C cuts to our local aide, and reductions in circuit breaker and reimbursement for homeless transportation that we had planned to receive when we prepared our FY 2013 budget.

 

These factors, coupled with continuous upward cost pressures related to items including pensions and health insurance, will require My Office, the City Council and School Committee to formulate a conservative spending plan for the FY 2014 budget—one that acknowledges the continued possibility of less local aide and lower tax receipts.

 

A number of cost-saving initiatives will assist the City in controlling expenditures and strengthening our financial position.  Here are some of those initiatives:

 

  • Refinancing of Debt – We recently refinanced outstanding debt, which has resulted in the City saving $500,000 in interest payments over the remaining term of the debt.

 

  • In this low interest rate environment, we will continue to aggressively explore opportunities for significant savings through refinancing any eligible outstanding debt.

 

  • Energy upgrade investments in City Hall and the Police Station, including lighting, heating and control systems totaling $160,000 will result in an estimated annual energy cost savings of $30,500—that’s good for the taxpayers and the environment.

 

  • The replacement of 1,200 street lights with LED lighting will save the City approximately $70,000 a year.  This project is currently out for bid, in collaboration with the communities of Chelsea, Arlington and Natick.

 

  • Combining our bid with these three communities is a smart approach because it boosts our buying power by procuring larger quantities and together realizing cost savings and discounts.   This work is being partially funded by a grant obtained as a result of attaining “Green Community” status.  We expect the work to be completed by June 1, 2013.

 

  • In terms of Solar Energy, we are optimistic the City Council’s hopes of installing solar panels on the North Woburn Landfill will be put out to bid by the end of March. The estimated energy savings from a proposed solar installation is projected to be approximately $200,000 per year.

 

  • Implementation of Our Citi-Stat initiative, which tracks and analyzes data related to how a municipal department operates, and helps identify  areas where they excel along with suggested areas of improvement  started with the Police Department in August

 

Overall, the implementation of the Citi-Stat program has allowed for a detailed analysis of both expenses and daily operations of the Police Department.  It has allowed implementation of cost-saving efficiencies in some areas, while identifying other areas to adjust, for instance, a patrol deployment plan to more effectively meet the needs of the community—which results in more effective policing.

 

The ability to combine Citi-Stat with existing crime mapping and crime analysis tools has helped us to police smarter and more proactively in an effort to work on prevention and deterrence rather than a reactive response.

 

Implementation of monthly Citi-Stat meetings has also allowed for:

 

    • More effective deployment of manpower based on crime mapping and statistics reviewed monthly;

 

    • Targeted patrols;

 

    • Data to support the use of community policing money or Community impact patrols;

 

    • More efficient use of overtime based on crime trends and call volume;

 

    • Ability to proactively identify high call volume addresses and deal with issues before they arise to the need of reactive police services.

 

Meanwhile, we have scheduled our first meeting with the Woburn Fire Department, and will be focusing efforts on the Ambulance operations and the dispatch of Fire calls through the 911 system.

 

In addition, we will be rolling out The Citizens Connect App program, enabling residents with smart phones to download an application and report, for instance, graffiti, potholes and other problems directly to the appropriate city departments simply by using their mobile phones.

 

The relevant department will issue a tracking number for each report, and residents will be able to follow the progress of the City’s response through completion.

 

This free Citi–Stat App is being funded by the State’s Community Innovation Challenge Grant program.  Thirty-five communities were selected among 59 applicants.

 

We have also taken steps to strengthen our financial position through a more proactive approach to tax collections and the management of our Tax Title properties.

 

The City hired the law firm of D’Ambrosio and Brown in November of 2012 with the goal of significantly reducing our Tax Title delinquency list, and Tax Title properties in the possession of the Treasurer.

 

We believe that our geographic location, commercial zoning, quality schools, housing stock availability, public infrastructure, access to public transportation, and stable tax rate make us the ideal choice for a new business to locate.

 

However, a new business interested in the 128/93 beltway has numerous attractive options to consider.  In this increasingly competitive environment, we must continue to explore additional ways to attract businesses to locate in our commercial districts, and expand our commercial tax base.

 

I have scheduled a meeting with Gregory Bialecki, Executive Director of Massachusetts

Housing and Economic Development to discuss the agency’s Economic Development Incentive Program – a tax incentive program wherein new companies may receive state and local tax incentives in exchange for creating jobs and stimulating business growth.  I will invite President Denaro, Planning Board Director Ed Tarallo and Woburn Redevelopment Authority members to attend this meeting.

 

During 2012, the City completed construction of a new Rag Rock water storage facility, commissioned the new water treatment plant addition to remove iron and manganese, and completed Year 6 Cleaning and Lining of the Pearl Street water main, as well as the redevelopment of Well C2 and Well I.

 

During 2013, the City will prepare a new 5-Year Capital Improvement Plan for the water system and move forward with the removal of the old Rag Rock storage tank, installation of the Route 128/95 water main crossing, and Year 6 Cleaning and Lining along Main Street.

 

The City continues to make strides in holding down MWRA sewerage costs by removing infiltration and inflow from the system.  We are moving forward with evaluations and designs for sewer improvements on the east side tributary to Main Street to further this goal.  Additionally, there will be a complete rehabilitation of the Dix Road sewage pump station beginning this winter.

 

Providing Recreational opportunities for the residents of our City has been a common goal we all share.  With strong support from the City Council, we have provided the Recreation Department with a full-time Wellness Coordinator, responsible for developing activities and programs to keep residents of all ages moving.

 

We also continue to see strong activity and support for the Woburn Farmers Market at Spence Farm. The Agricultural Committee continues to welcome and develop new community activities being offered at this 7-acre, city-owned gem.

 

In addition, we have received very competitive bids on the multi-purpose athletic field at Whispering Hill, funded in part by a $500,000 grant from the State and additional funding by the City Council.

 

We expect to award the contract and begin construction this month, weather-permitting.

 

As you know, the City hired Municipal Resources to conduct an in-depth study of the operations and infrastructures of the Police and Fire departments.  I plan to present the results and recommendations of the completed study at an upcoming City Council meeting.

 

Two public safety projects recently funded by the City Council, meanwhile, are near completion.  The Police Station roof, $450,000 funded by the City Council, was completed on time and under budget.  I plan to return the unused balance to the City’s General Fund.

 

The state-of-the-art dispatch center, $750,000 funded by City Council, is complete and should be fully operational by the end of this month.   Both of these expenditures demonstrate the City Council’s commitment to public safety and were accomplished without bonding.

The safety of every resident in our City remains a priority of my administration.

 

With the support of the City Council, the Police Department consists of more police officers than at any time in the past 20 years.  The members of our Police Department are well-trained and led by a dedicated Chief.

 

The inexplicable violence and tragic deaths in Newtown, Connecticut, affected every parent and created an atmosphere of uncertainty about the safety of children inside school rooms in cities and towns across the country.

 

I would like to take this time to acknowledge the cooperation, leadership and sensitivity of Superintendent Mark Donovan, School Committee Chairman Michael Mulrenan, and Police Chief Robert Ferullo and his entire staff in the aftermath of the inexplicable tragedy in Newtown.

 

Our City and school leaders’ presence and interaction with teachers, parents and students following this tragic incident sent a strong and reassuring message to everyone about our commitment to the safety of students, teachers and community.

 

The School and Police departments have been leaders in the area of school safety and training long before this tragic incident—and will continue to be proactive in protecting our children and teachers in every school building in our City.

 

At this time, I would also like to take a moment to provide some highlights of the Woburn public school system:

 

We are excited to have been invited by the Massachusetts School Building Authority into the eligibility period for a new Wyman/Hurld Elementary School as we continue to rebuild our aging elementary school buildings, and provide educational parity for all of our young students.

 

I look forward to working with the School Committee, City Council and the School Building Committee—along with assistance and grant funding from the MSBA, to bring the new Wyman/Hurld School to fruition.

 

The Educational Technology Department continues to institute Edline, an online learning management system designed to increase communication and resources for both children and parents.

 

The school district continues to provide strong in-house special education programs to educate students with special needs as opposed to sending them to out of district placements.

 

Woburn Memorial High School’s comprehensive offerings include a rigorous academic program, a strong interscholastic athletic program, a first-class fine arts program and opportunities for students to broaden their learning through a wide range of clubs and activities.

 

The School Department has noted an increase in performance by middle school students in math as a result of using a math coach.

 

Forty Joyce Middle School students participated in the “Trends in International Math and Science Study” test, which revealed that Massachusetts 8th grade students scored the highest in the United States, and the 5th highest internationally.

 

The School Department is engaged in new assessment practices at our elementary schools in reading and math to help provide valuable information on the individual learning needs of each student.

 

The elementary schools are also moving forward with a focused emphasis on writing.

 

Particularly important is that our educators have created a learning experience and environment that has encouraged our students to become engaged in the community through numerous events and fundraisers that benefit worthy causes and those in need.

 

In closing, and as I’ve mentioned before, our hallmark here in Woburn is found in the hard work and leadership of city and school officials, business owners, civic and other organizations who work together to ensure Woburn remains progressive, prosperous, affordable, and dedicated to one another.

 

Thank you again for the opportunity to present the “State of the City” tonight.

 

I look forward to working with all of you in the coming year.  Good night.

_________________________

 

Motion made and 2nd for a five minute recess, all in favor, 9-0.

_________________________

 

President Denaro called the meeting back to order.

_________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

A communication dated December 21, 2011 was received from His Honor the Mayor Scott D. Galvin as follows:

 

To: President Denaro and Members of the Woburn City Council

 

Pursuant to the authority granted to me by M.G.L. c.59, §5N and subject to the approval of the City Council, I have approved the establishment of a “Veteran’s Tax Work Program.”  This program will allow veterans, as defined in M.G.L. c.4, §7 (43), to volunteer to provide up to 125 hours of service at the current Massachusetts minimum wage rate of $8.00/hr. in exchange for a reduction in the real property tax obligations of that veteran on the veteran’s tax bills up to a maximum of $1,000, which shall be in addition to any exemption or abatement to which that person is otherwise entitled.

 

Very truly yours, s/Scott D. Galvin, Mayor

 

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 $50,000.00 be and is hereby transferred as so stated from BLS Receipts Acct #31359-595000 $50,000.00 to Ambulance Maintenance Acct #0122054-544300 $50,000.00.

 

I hereby recommend the above: s/Paul Tortolano, Chief, Fire Department 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 petition by R.C. Olsen Cadillac, Inc., 201 Cambridge Road, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.1.71 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a commercial parking lot at 304 Cambridge Road. PUBLIC HEARING OPENED. A communication dated December 13, 2012 was received from Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of R.C. Olsen Cadillac, Inc., 304 Cambridge Road, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Please be advised that I represent R.C. Olsen Cadillac, Inc. in connection with the abovereferenced Special Permit Petition. On behalf of my client, I respectfully request leave to withdraw without prejudice of the above-referenced petition which has been scheduled for a public hearing on January 2, 2013.

 

If you need any further information, please do not hesitate to contact me. Thank you.

 

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

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor 9-0. Motion made and 2nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, all in favor, 9-0.

 

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On the petition by R.C. Olsen Cadillac, Inc., 201 Cambridge Road, Woburn,

Massachusetts 01801 for a special permit pursuant  to Section 5.7.71 of the 1985 Woburn

Zoning Ordinances, as amended, to allow for a commercial parking lot at 280 Salem

Street. PUBLIC HEARING OPENED. A communication dated December 17, 2012 was received from Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of R.C. Olsen Cadillac, Inc., 280 Salem Street, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter presently scheduled for January 2, 2013 be further continued to the City Council meeting on January 15, 2013. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph P. 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 5, 2013, all in favor 9-0.

 

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On the petition by Woburn Auto Sales LLC, P.O. Box 158, North Billerica,

Massachusetts 01862 for a special permit pursuant to Sections 5.1.45 and 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the sale or rental of automobiles, trucks, truck trailers and motorcycles and for a Second Class Motor Vehicles Sales

License at 1095R Main Street. PUBLIC HEARING OPENED. A communication dated December 17, 2012 was received from Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Woburn Auto Sales LLC, 1095R Main Street, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter presently scheduled for January 2, 2013 be further continued to the City Council meeting on January 15, 2013. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph P. 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 5, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS AND COMMITTEE ON PUBLIC SAFETY

AND LICENSES, all in favor 9-0.

 

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On the petition by Peterson Party Center Inc., 139 Swanton Street, Winchester, Massachusetts for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.57b to modify special permits issued August 11, 2011 and January 26, 2012 by deleting the reference to the plan entitled “Proposed Parking Layout” Sheet PK-1 dated November 15, 2011 in Condition 2 and replacing same with the plan filed with this petition entitled “Proposed Parking Layout” Sheet PK-1 dated June 4, 2012 as the plan of record, at 36 Cabot Road. PUBLIC HEARING OPENED. A communication dated December 13, 2012 was received from Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Peterson Party Center, Inc., 36 Cabot Road, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter presently scheduled for January 2, 2013 be further continued to the City Council meeting on January 15, 2013. If you need any further information, please contact me. Thank you.

 

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

 

Alderman Drapeau stated that this matter has been continue a number of times and that he wants information regarding the status of the matter. Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that in retrospect the petitioner should have asked for a longer period for continuation, that the petition includes outside storage, that the petitioner has to modify the plan to show the outside storage, that the matter is partially under the jurisdiction of the Conservation Commission, that the petitioner had to hire a botanist and a surveyor to address the issues raised by the Conservation Commission, and that the work should be completed shortly. 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 19, 2013, all in favor 9-0.

 

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On the petition by National Grid for a grant of right in a way to install approximately 130 feet of 4-inch plastic main from the end of main at 4 Fletcher Road to end of main at 55 Fletcher Road. PUBLIC HEARING OPENED. A communication dated December 28, 2012 was received from Superintendent of Public Works John Duran as follows:

 

Subject:   National Grid- Fletcher Road

 

I am providing this memorandum pursuant to the request by National Grid for the Grant of Right in a Way on Fletcher Road  to allow the installation of a new portion of main to connect the existing mains in the roadway as shown on the attached plan.

 

I recommend that the Council allow this under the following conditions. That all utilities including the water, sewer and drains are marked on the ground and that the proposed main be also clearly marked prior to cutting the roadway to allow for proper evaluation to avoid any encroachments upon municipal or other utilities. The main must be installed in the location shown on the plan and as marked on the ground unless written permission is granted from the DPW Superintendent in a mutually agreed upon location. In addition, associated roadway restoration consistent with DPW Standards with a minimum of 4 inches of pavement must also be submitted and approved by the DPW Superintendent. Please feel free to call me with any questions or concerns pursuant to this matter.

 

Lien Gauthier, Construction Supervisor for National Grid and she stated that the petition was from 46 Fletcher Road and not 4 Fletcher Road, and the petitioner requests that the Order be amended to reflect this fact. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the Order be amended by deleting “4 Fletcher Road” and inserting “46 Fletcher Road” in its place, all in favor, 9-0. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be ADOPTED, AS AMENDED with the condition as follows: 1. That the recommendations of the Superintendent of Public Works be adopted as conditions of the grant, all in favor, 9-0.

Presented to the Mayor: January 4, 2013             s/Scott D. Galvin January 4, 2013

 

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On the petition by Ambius, Inc., 485 Half Day Road, Suite 450, Buffalo Grove, Illinois

60089-8809 for a special permit pursuant to Section 5.1.57b of the 1985 Woburn Zoning Ordinances, as amended, to allow for the overnight parking of petitioner’s commercial vehicles at 27 Draper Street. PUBLIC HEARING OPENED. A communication dated December 19, 2012 was received from Planning Director Edmund P. Tarallo as follows:

 

Re: Ambius, Inc. – 27 Draper Street Suite 200 – To allow for the overnight parking of commercial vehicles pursuant to Section 5.1.57b

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on December 18, 2012, the Board voted to forward a favorable recommendation to the City Council on the Special Permit application of Ambius, Inc., regarding the property at 27 Draper St. Suite 200 to allow for the overnight parking of commercial vehicles pursuant to Section 5.1.57b subject to the following conditions:

 

  1. That the overnight parking shall be limited to eight commercial vehicles;
  2. That said vehicles shall be parked overnight in the four loading docks to the rear of the portion of the building to be occupied by the petitioner and the other 4 commercial vehicles within the 8 spaces on the south side of the building;
  3. That the parking spaces shall be in accordance with the As – Built Plan dated June 8, 2004 revised 12-18-2012 by Hayes Engineering, Inc. though only 39 spaces are currently required, compliance with the Woburn Zoning Ordinance for parking shall

be maintained utilizing up to the 55 spaces shown on said plan for complete occupancy of the building;

  1. That the Planning Board shall retain jurisdiction over the landscaping;
  2. That loading shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday; 8:00

a.m. to 1:00 p.m. on Saturday and not at all on Sunday;

  1. That no deliveries shall be allowed  to the site prior to 7:30 a.m. or after 5:00 p.m. Monday through Friday and there shall be no deliveries on Saturday or Sunday;
  2. That the hours for emptying the dumpster shall be no earlier than 7:00 a.m. and no later than 6:00 p.m., Monday through Friday, no earlier than 8:00 a.m. and no later than 1:00 p.m. Saturday, the dumpster shall not be emptied on Sunday, the dumpster shall be located on the furthest part of the locus away from the residences and shall be enclosed by a sight impervious fence;
  3. The petitioner shall post signs within its customer pick up area and loading area requesting both its customers and delivery companies to obey the rules of the road while traveling on City of Woburn streets and to use caution while traveling on Nashua Street to and from Draper Street;
  4. The petitioner’s commercial vehicles shall not use the section of Nashua Street between Draper Street and Holton Street when traveling to and from the site;
  5. The petitioner shall instruct its employees not to use the section of Nashua Street between Draper Street and Holton Street when traveling to and from the site; and
  6. This Special Permit shall be limited to Ambius, Inc. and shall not be transferable.

 

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

 

Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the property is located in the I-G zoning district, that the petitioner has operated at 29 Draper Street since June 2010 under a special permit, that the petitioner intends to relocate its business and vehicles to 27 Draper Street, that the petitioner conducts business service and sales which is allowed in the zoning district, that petitioner provides interior landscaping, design, installation and maintenance to clients such as hotels and offices, that the petitioner has 37 locations in North America, that the petitioner will have twelve employees, that the petitioner will have eight vehicles parked on the premises, that the petitioner has three 16-foot box trucks, three transit connection vans and two vans, that the vehicles are leased and registered in New Jersey, that it would be difficult to register the vehicles in Woburn, that the petitioner is a national company with vehicles parked in Woburn, and that the Planning Board conditions are acceptable to the petitioner. Alderman Mercer-Bruen stated that she would prefer a condition that the vehicles be registered in Woburn, that this locus is located in a highly residential area flanked on two sides by industrial parks, and that the conditions should be acceptable to the residences in the area as well as the business. Alicia Farr, Vice President of Ambius Boston stated that the vehicles are leased from ARI and that the petitioner pays a fee for the use of the vehicles, and that the records could indicate that the vehicles are housed in Woburn but they vehicles cannot be registered in Woburn.

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the SPECIAL PERMIT be

GRANTED, AS AMENDED with the conditions as follows: 1. That the eleven Planning Board recommendations be adopted as conditions of the special permit, all in favor, 9-0.

 

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On the petition by Woburn Armory LLC to amend the Zoning Map of the City of Woburn by changing the zoning district for the entire parcel known as 286 Main Street a/k/a 320 Main Street, containing approximately 38,344 square feet of land as shown on a plan by Design Consultants, Inc., entitled “Plan of Land in Woburn, Massachusetts” dated June 23, 2005 from the R-2/B-D zoning districts to the B-D zoning district.

PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that additional information was received to prepare restrictive covenant, and that he is awaiting the petitioner’s comments on the draft covenant. PUBLIC COMMENTS: Mark Sanborn, 12 Caulfield Road stated that he wants to know when the Committee will meet on this matter, that the proposed project does not look much different than the earlier plan, that the proposal has gone from 29 units to 14 units but the building size is the same, that he does not understand why the zoning has to be changed when the front is zoned for business use and the rear is zoned for residential use and the petitioner wants to have businesses on the front of the lot and residences at the rear of the lot, that he does not trust restrictive covenants, and that he does not want the property to all be used for business in the event that the proposed project does not move forward. Alderman Anderson stated that the zoning district has to be changed to allow this many units on the locus, and this will also allow some control over the property by the city.

Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON FEBRUARY 19, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES AND TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

 

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On the petition by Woburn Armory LLC to amend the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. By revising Section 11.11 entitled “Affordable Housing Requirement” by adding a new Paragraph 8 to Section 11.11 as follows: “8.  The City Council by majority vote, may waive the requirements of this Section 11.11 if the development includes dwelling units in a building deemed “Significant” by the Woburn Historical Commission.”, and 2. By revising Section 18.8.2 “Waivers” by adding the following language to the end of Paragraph 18.8.2 as follows:  The “period” after “site” shall be deleted and the following language added:  “or the renovation, rehabilitation or redevelopment of a building deemed “Significant” by the Woburn Historical Commission.” PUBLIC HEARING OPENED. Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 appeared for the petitioner. 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 19, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES AND TO THE COMMITTEE ON SPECIAL

PERMITS, all in favor 9-0.

 

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Alderman Gately stated that the demolition Orders relative to the Armory building had been continued to January 2013 and that inquiry should be made to the City Solicitor as to whether further action is required in that regard. The City Clerk stated that he would check with the City Solicitor for a response.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS: None.

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NEW PETITIONS:

 

Petition by NSTAR Electric Company and Verizon New England Inc. for a grant of right in a way to install one anchor guy in Lowell Street southerly side at the intersection of Sendick Road (pole 136/33). Motion made and 2nd that the MATTER be REFERRED TO

PUBLIC HEARING AT THE REGULAR MEETING OF THE CITY COUNCIL ON

JANUARY 15, 2013, all in favor, 9-0.

_________________________

 

COMMUNICATIONS AND REPORTS:

 

A communication dated December 14, 2012 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 20½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending November 2012: number of parking violations issued 834, number of violations paid 411, number of violations outstanding 370, amount collected and submitted to the Office of the Collector $34,743.40. There exists a backlog of 5,841 tickets for 1982 through 2011. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $6,050.00.

 

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 December 21, 2012 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 for the month of December. 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 5, 2012 was received from Mark Donovan, Superintendent of Schools and Secretary to the School Committee as follows:

 

Dear Alderman Drapeau:

 

The School Committee and School Department would like to resume discussions regarding the installation and deployment of security camera at Woburn Memorial High School. When we last discussed the topic, several Aldermen wanted more information about who can access and review video clips recorded by security cameras. As you may recall, we sought guidance from our attorney. He developed the following administrative guidelines. These guidelines have been distributed to our administrators throughout the district.

 

“As you may be aware, we have had questions concerning who is able to view security videos that are recorded inside and outside of Woburn School Buildings.  Part of the concern is that such videos may actually constitute student record information which may be subject to student record protections.  Through this memo I hope to clarify the question of who may view these videos.

 

Typically, the only individuals who should view or review security videos are as follows:  the Superintendent, Assistant Superintendents, Principals, Assistant Principals, Director of Building and Grounds, Director of Educational Technology or his designee, and School Resource Officers.  On an as-needed basis, other staff members or other law enforcement officers may be allowed to view the videos, but such should be cleared through the Superintendent.”

 

I hope to have the opportunity to appear before the Finance Subcommittee at some point to answer any questions that members might have. Thank you for your consideration.

 

Sincerely, s/Mark Donovan, Superintendent of Schools and Secretary to the School Committee

 

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

 

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A copy of a communication dated November 26, 2012 to Woburn Retirement Board was received from Joseph E. Connarton, Executive Director, Public Employee Retirement Administration Commission advising that the amount to be appropriated for the retirement system in Fiscal Year 2014 is $5,400,000.00. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0. *************************

A communication dated September 18, 2012 was received from Jacqueline A. Duffy, Right of Way Agent, NSTAR Electric, One NSTAR Way, SUMNE250, Westwood, Massachusetts 02090 as follows:

 

Re: License for the Storage of Inflammables

NSTAR Electric Company, 2 Cove Street, Woburn

 

Dear Mr. Campbell:

 

NSTAR Electric Company (NSTAR) is submitting this letter to confirm the company’s intention to continue to maintain the existing license for the storage of inflammables granted to NSTAR for the property referenced above. NSTAR wishes to retract any previous requests to the Office of the City Clerk with regard to revoking the current license for the NSTAR property located on Cove Street. As such, NSTAR asks that we please be removed from the agenda for the upcoming October 2, 2012 City Council public hearing as previously referenced in the September 7, 2012 hearing notice. In requesting to maintain the existing license, NSTAR will pay the annual registration fee and any associated late and/or outstanding fees in person at the Office of the City Clerk within five (5) business days of the date on this letter.

 

Please note that with regard to the current license, on June 15, 2012, NSTAR completed the removal of a 3,000 gallon underground storage tank (UST), previously containing fuel oil, from the Cove St. property. As a result, NSTAR requests that the current license be revised to reflect the discontinuance of the storage of 3,000 gallons of fuel oil and that he storage of inflammables is granted for the existing 10,000 gallons of the cable insulating oil (Sun 36) that will continue to be present on the property. A copy of the permit for removal of the 3,000 gallon UST, along with a receipt for its disposal are attached for your reference.

 

If you have any questions regarding this matter or require additional information, please contact Jonathan Reich of the NSTAR Environmental Affairs Dept.

 

Sincerely, s/Jacqueline A. Duffy, Right of Way Agent

 

Motion made and 2nd that the CITY OF WOBURN ACCEPT THE VOLUNTARY

RELINQUISHMENT BY NSTAR ELECTRIC COMPANY OF THE RIGHT TO STORE 3,000 GALLONS OF FUEL OIL AT COVE STREET AND THAT THE LICENSE BE AMENDED ACCORDINGLY, all in favor, 9-0.

Presented to the Mayor: January 4, 2013             s/Scott D. Galvin January 4, 2013

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS: 

 

A communication dated December 28, 2012 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 Peter V. Murphy, 3 Akeson Road, to the Woburn Golf and Ski Authority, subject to confirmation by the City Council with a term to expire Dec. 31, 2016.

 

Respectfully, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that the RE-APPOINTMENT OF PETER V. MURPHY TO THE WOBURN GOLF AND SKI AUTHORITY be CONFIRMED, all in favor, 9-0.

Presented to the Mayor: January 4, 2013             s/Scott D. Galvin January 4, 2013

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MOTIONS, ORDERS AND RESOLUTIONS: None.

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 7:55 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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