City Council – 01/03/2012

DATE 01/03/2012
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

JANUARY 3, 2012 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro

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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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MAYOR’S COMMUNICATIONS:  None.

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PUBLIC HEARINGS:  

On the petition by National Grid for a grant of right in a way to  modify an existing grant of location of existing underground regulator vault and associated piping on the corner of Montvale Avenue and Washington Street to install an underground vault, associated piping, vent posts and electric traffic box in accordance with plan filed with petition. PUBLIC HEARING OPENED. A communication dated December 19, 2011 was received from John F. Duran, III, P.E., Superintendent, Department of Public Works as follows:

 

Subject: National Grid, Washington Street

 

Pursuant to this Minor Modification to the Special Permit Application, I request the City Council to consider the following comments relative to the re-location of the regulator station. The relocation is required to remove the existing equipment from the driveway of the proposed Hess Gas Station.

 

  1. Vault doors shall be rated for vehicular access, flush with grade, and constructed to allow pedestrian and handicap access without any obstructions or defects.
  2. Location of vents and Scada box shall be located at the back edge of right of way to allow for pedestrian and snow plow access. Bollards and/or other measures shall be constructed to ensure proper protection.
  3. Construction shall be coordinated with the Hess contractor to ensure proper grading for curbs and handicap ramps to prevent ponding or icing in this immediate area.
  4. National Grid will be responsible for all maintenance of these structures and should be checked as necessary to ensure public safety.
  5. Woburn Engineering Department to issue their approval to ensure that these structures do not interfere with any proposed utilities for compliance to any master plan (if any) associated with the proposed widening of Montvale Avenue and Washington Street.
  6. Proposed grading is not shown correctly on the site plan. Topography at property line and adjacent to the site is a concern.
  7. Details and proper grading of the sidewalk and egress from the site must be ADA compliant.

 

Appearing for the petitioner was Lien Gauthier, Construction Supervisor and Victor

Santana, Community Relations, National Grid, 40 Sylvan Road, Waltham, Massachusetts. Mr. Santana stated that the petitioner agrees with the conditions recommended by the Superintendent of Public Works, and that the petitioner will be able to start the work once they coordinate with the Hess facility contractors. Ms. Gauthier stated that if concrete is required to be poured they ask that the condition not be required to be completed until the Spring, that they have the ability to heat asphalt for repairs, and that they will avoid using steel plates if at all possible. Alderman Gately asked that the Department of Public Works be notified if a steel plate is placed at the worksite to avoid injury or damage if the steel plate is in place during snow removal operations. Alderman Mercer-Bruen stated that final work conditions should be as approved by the

Superintendent of the Department of Public Works. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED with the conditions as follows: 1. That the seven recommendations of the Superintendent of the Department of Public Works be adopted as conditions of the grant of right in a way, all in favor, 9-0.

Presented to the Mayor: January 4, 2011               s/Scott D. Galvin January 4, 2012

 

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On the petition by Northeast Tree, Inc. 60 Louanis Drive, Reading, Massachusetts 01867 for a special permit pursuant to the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. Section 5.1.42 to allow for the interior storage of equipment, 2. Section 5.1.43 to allow for the outside storage of new or used building materials and equipment, 3. Section 5.1.45 to allow for the sale of chippers, and 4. Section 5.1.57b to allow for accessory parking of commercial vehicles and equipment, and for a First Class Motor Vehicles Sales Licenses, at 62 Holton Street. PUBLIC HEARING OPENED. A communication dated December 16, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Northeast Tree, Inc. – 62 Holton Street – To allow for the interior storage of equipment; the outside storage of new or used building materials and equipment; the sale of chippers; and the accessory parking of commercial vehicles and equipment pursuant to Sections 5.1.42, 5.1.43, 5.1.45, and 5.1.57b

   

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on December 13, 2011, the Planning Board voted to send an unfavorable recommendation to the City Council on the Special Permit application of Northeast Tree, Inc., to allow for the interior storage of equipment; the outside storage of new or used building materials and equipment; the sale of chippers; and the accessory parking of commercial vehicles and equipment pursuant to Sections 5.1.42, 5.1.43, 5.1.45, and 5.1.57b regarding the property at 62 Holton Street, because of  the inadequate infrastructure on Holton Street.

 

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 copy of a communication to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Subject: 62 Holton Street, Parking of Commercial Vehicles, Building Equipment, Storage

Equipment Sales, outside storage Special Permit – Special Permit Application Dated

November 14, 2011 – Site Plan dated

 

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

 

The petitioner is seeking permission to allow for the accessory parking of commercial vehicles, sale of chippers, outside storage of building materials and interior storage of equipment.

 

The accompanying site plan shows the approximate location of the firewood and much storage. The plan does not indicate where the overnight, accessory parking and loam will be located. Additionally, the plan should indicate if there will be any proposed improvements to the site such as pavement and drainage.

 

This information will need to be shown on the plans and submitted to this office for review.

 

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

 

Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he requested that the matter be continued to the City Council Regular Meeting on January 17, 2011. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JANUARY 17, 2011, all in favor 9-0.

 

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On the petition by City of Woburn, Woburn City Hall, 10 Common Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.1.79 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the construction of a sixty (60) space municipal parking area at end of Mann’s Court. PUBLIC HEARING OPENED. A communication dated December 16, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: City of Woburn – End of Mann’s Court – To allow for the construction of a 60 space municipal parking area pursuant to Section 5.1.79

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on December 13, 2011, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of the City of Woburn, regarding the property at the end of Mann’s Court to allow for the construction of a 60 space municipal parking area pursuant to Section 5.1.79.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was City Engineer John Corey and he stated that there is a deficiency of parking on the south side of Main Street, that this project will create sixty new parking spaces, that this is a two phase project, that the first phase will be site development and grading, that the second phase will be installing lighting and curbing, that the parking area will be at the ledge area at the end of Manns Court, that this location was used as a quarry in the 1800s and some quarry equipment is still on the site, that the lot is bowl shaped,  that some ledge will be removed, that the area is somewhat secluded, that there parking area will be well lit with security cameras sending live feeds back to the police station, that three houses abut the parking lot on the Park Street side, that these parcels will be screened with arborvitae plantings, that there will be three handicapped parking spaces within the lot and their locations are being reviewed by the Handicapped and Disabled Citizens Commission, that the contract will be settled in March with completion of the project by late August, that there will be a pre-blast survey conducted, that any changes in conditions of abutting properties will require restoration to pre-blast condition, that this proposal will take less ledge than the earlier proposal, that the project will remove ledge from the front of the lot and place it at the rear of the lot for grading and to accommodate drainage, that an earlier proposal brought the ledge down to Main Street, that he will review the fencing along the property line, that the work is balanced cut and fill, that there will be lighting in the parking area, that generally it is preferred that light not extend beyond the parking area, that the surface of Manns Court will be milled and resurfaced and there where will sidewalk improvements for pedestrian and handicap access from the parking lot to Main Street, that Manns Court is a twenty foot wide paved roadway, that the width is sufficient for a sidewalk on each side of the street and two vehicle travel lanes, that the road will not be widened as it is currently sufficiently wide and will continue to be sufficiently wide, that there will be some blasting to allow construction of the sidewalk, that this will be a joint effort of the Department of Public Works, the Engineering Department and the Woburn Redevelopment Authority, that the excavated lot will be even with the abutting burial ground, that the grading will not go lower than the lowest point currently on the site, that the highest ledge removed will be twelve feet in height with a reduction of approximately sixty yards of material, that there will be a blast consultant on site, that there can be no guarantee that there will be no damage from the blasting and the blast consultant holds sufficient insurance to cover any damages that may occur, that there will be approximately ten days of blasting activity, that the blast sounds like a thump, that the plan will eliminate on-street parking on Manns Court which will provide two vehicle travel lanes and sufficient parking for the neighbors, that widening Manns Court would require landtakings, that the light fixtures and height of the light fixtures are designed to keep the light on the parcel and not shine onto abutting parcels, that there will be normal street lights along the street, that the Department of Public Works can look into concerns about sewer service in the area, that there is sufficient slope on Manns Court of sewer service, that the parcel will be maintained as the Walnut Hill parking area is maintained, that the project will not increase runoff on the street as the site is currently impervious however there are improvements to the drainage from current conditions including improvement of stormwater runoff, that he will look to see what improvements can be made near the Main Street intersection to widen the roadway, that there were houses located on the left side of Manns Court which were removed in the 1960s, and that the contract specifications will indicate the insurance limits that will be required to cover any damage caused by blasting. Alderman DiTucci stated that she is concerned about the impact of the project on the abutting First Burial Ground. Alderman Haggerty stated that lighting is important and there should be additional lighting towards the businesses. Alderman Raymond stated that he is concerned about the proximity of the blasting to the burial ground, and that this is an historic area. Alderman Anderson stated that he is concerned about blasting damage, and that he wants to be certain that the roadway width is adequate for the project. Alderman Mercer-Bruen stated that she would be concerned as a homeowner if blasting were taking place sixty feet from her home, that the city should meet with the neighbors to advise of the blasting process and to show how the neighbors are protected, and that the neighborhood meeting could include a discussion of how the burial ground will be protected as well. IN FAVOR: Joseph McSweeney, Jr., 49 Foster Road, Tewksbury, Massachusetts stated that his uncle resides at 29 Manns Court but was unable to attend this meeting, and that he wanted to know if the area of Manns Court near the intersection with Main Street could be widened as it narrows at that point. Arthur Duffy, 38 Alfred Street stated that as a Member of the Woburn Redevelopment Authority he supports the project, that there has been a lot work done on this plan, that parking is sorely needed downtown, and that the Woburn Redevelopment Authority is in favor of the project. Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he is in favor of the petition, that the area has been an eyesore and used as a dumping area, and that he wants to see parking created at the lot. OPPOSED: Tim Ozerski, 17 Manns Court stated that he is concerned about lighting shining on the adjoining residential property, that he is concerned that the width of the street is not adequate, that two cars cannot pass on the street and that travel will be very difficult during snow conditions, that there are sewer conditions on the street that need correction, that there must be a pre-blast survey as his basement does not leak and he does not want it to leak, and that trash from the site must be policed. Jo-Ann Gorrasi, 19½ Hovey Street stated that she believes as an abutter she has been brought into this process too late, that the city should leave the site alone, that blasting will damage the homes and the cemetery, that he is concerned about noise and light pollution from the locus, that the foundations of the older homes in the area will have to be repaired, that blasting sixty feet is not advisable, that she wants to know whether the neighbors will receive notice of when the blasting will occur, and that the city should consider local bus service in the area as these sixty additional parking spaces will not help with the parking issues in the downtown area. Motion made and 2nd that the public hearing be closed, allin favor, 9-0. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That city shall install mature arborvitaes between the parcel and abutting homes and maintain the landscaping, 2. That the city, including attendance by the City Engineer and the Fire Chief, shall meet with the neighbors and the Woburn Historical Commission to describe the blasting process and protections; 3. That roadway improvements will be completed pending Year 6 Water Improvement Project completion; 4. That the City Engineer and Superintendent of the Department of Public Works shall review the pitch of the sewer line on Manns Court; and 5. That the City Engineer and Superintendent of the Department of Public Works shall evaluate the widening of Manns Court at the intersection with Main Street, all in favor, 90.

 

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On the petition by Shoebuy.com Inc., 101 Arch Street, Boston, Massachusetts 02110 for a special permit pursuant to Sections 5.1.57a and 5.1.57b of the 1985 Woburn Zoning Ordinances, as amended, to allow for the overnight parking of commercial vehicles/commercial trailers at 36 Cabot Road. PUBLIC HEARING OPENED. A communication dated December 16, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Shoebuy.com Inc. – 36 Cabot Rd. – To allow for the overnight parking of commercial vehicles/commercial trailers pursuant to Sections 5.1.57a and 5.1.57b

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on December 13, 2011, the Planning Board continue this matter until the January 10, 2012 meeting.

 

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

 

Sincerely, Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the locus is located in the IP-2 zoning district that the building was constructed in 1975, that the building has been used for warehouse and distribution since 1975, that petitioner is the largest retailer on the internet focusing on footwear, apparel and accessories, that the petitioner is currently located on Draper Street, that the petitioner will move to this location in May 2012 if the special permit is granted, that the petitioner seeks permission to allow the parking of four commercial trailers on the locus overnight, that the petitioner does not own the commercial vehicles, that UPS delivers a truck to the site every night at 7:00

p.m. and removes a truck that was left the night before and filled during the day by the petitioner, that the petitioner has two shifts, that one shift is 8:00 a.m. to 4:30 p.m. and the second shift is 4:00 p.m. to 12:00 midnight, that the petitioner currently uses three commercial trailers but wants to be able to expand to four commercial trailers, that the operation causes minimal traffic, and that the peak trucking hour is between 7:00 p.m. and 7:30 p.m. Zack Zalov, Senior Vice President of Operations for the petitioner stated that the trailers are 53 feet in length, that they want to be able to use four commercial trailers particularly during the holiday peak season, and that the petitioner currently uses three commercial trailers. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he is in favor of the petition, and that this is a better location for the business than the Draper Street location. OPPOSED: Russ Richardson, 184 Mishawum Road stated that the city should conduct a citywide truck survey before further special permits issues for trucking, that there should be trucking restrictions in place before more permits are granted, and that if trucks are parked overnight the owners should pay excise tax to the city. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JANUARY 17, 2012 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 102 Main Street LLC, John Flaherty, Manager, 28 West Street,

Woburn, Massachusetts 01801 pursuant to Sections 5.1.69 and 7.3 of the 1985 Woburn Zoning Ordinances, as amended, for the alteration of a pre-existing nonconforming structure to allow a two-family residence as well as renovation of entire building façade at 102-104 Main Street. PUBLIC HEARING OPENED. A communication dated December 16, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: 102-104 Main Street, LLC, John Flaherty, Manager – 102-104 Main St. – To allow for the alteration of a pre-existing nonconforming structure to allow a two family residence and renovation of the building facade pursuant to Sections 5.1.69 and 7.3

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on December 13, 2011, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of 102-104 Main Street, LLC, John Flaherty, Manager regarding the property at 102-104 Main Street to allow a two family residence and renovation of the building facade pursuant to Sections 5.1.69 and 7.3 in accordance with the plans submitted subject to the following conditions:

 

  1. That the parking shall comply with Section 8.1.2 and entrance to the parking lot shall be from Main Street with exit to Ash Street;
  2. That a full NFPA 13 system with a master box that has a direct connection to the Station shall be required to the satisfaction of the Fire Chief; and
  3. That separate utilities shall be provided as approved by the City Engineer.

 

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 copy of a communication dated December 13, 2011 to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Subject: 102-104 Main Street Special Permit – Special Permit Application Date

11/23/2011 – Plot Plan Dated November 10, 2010

 

The applicant is seeking permission to alter a pre-existing nonconforming structure to allow a two family residence and renovate the building façade.

 

Upon review of the special permit application, this office offers the following comments.

 

The submitted application shows the interior and exterior architectural elevations as well as a plot plan. It does not appear that there is any utility work being proposed.

 

The utilities for the residential and commercial components will need to be separated and locations with their respective sizes shown on the plan. This will help with water and sewer billing of the property.

 

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

 

Appearing for the petitioner was Attorney Robert W. Tedesco, Tedesco & Twomey, P.C., 88 Main Street, Woburn, Massachusetts 01801 and he stated that the petition seeks approval of a two family residence and renovation of the entire façade a the locus, that this is the former NAPA Auto Parts building, that a special permit issued for the property in February 2011 to allow for a billiard sales and service business, that the sale of the building to the billiard business was not consummated, that the two family status of the building could not be confirmed through records at the Building Department, that the petitioner will renovate the existing two family dwelling at the locus but will reduce the units from three bedroom to two bedroom units, that there have been two dwelling units in the building for decades, that the proposal will bring the units up to all current codes, that there is adequate parking for the dwelling units, that the Planning Board unanimously approved the proposal with conditions, that the petitioner will renovate the façade of the building, that the work will improve the building and benefit the neighborhood, and that the proposal will not be more detrimental to the neighborhood nor adversely impact traffic. Alderman Gately stated that he performed a site visit of the locus along with the Ward One Alderman, the Planning Director, the Fire Chief, the owner and representatives of the owner, that there were clearly two dwelling units in the building, that the building is in poor shape, that the façade is in terrible condition, that the large parking lot in the rear of the locus provides ample parking, and that the uses of the building has not been abandoned. Alderman DiTucci stated that she is happy that the property will be improved, that the commercial portion of the building has been empty for some time, that there will be no changes that will impact the footprint of the building of impact the neighborhood, and that approval will recognize the two family status of the building. Alderman Haggerty stated that the approval of this petition will result in a safer building that will be aesthetically pleasing and conform to codes, and that he supports the project. Alderman Raymond stated that the building is an eyesore and the project will be an improvement to the neighborhood, and that the petitioner does quality work. Alderman Mercer-Bruen stated that she supports the proposal, and that it will be an improvement.

IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that you have to look at the petition and the petitioner, that the petitioner does good work, and that he supports the proposal. Arthur Duffy, 38 Alfred Street stated that he supports the proposal. Jim Marx, 5 Ash Street stated that he supports the petition, and that he asks for a modification to the rear of the building that will prevent children from crawling onto the roof of the building. 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 recommendations of the Planning Board be adopted as conditions of the special permit, and 2. That the City Council makes a finding that the two family use was in existence, that the use has not been abandoned and that the conditions set forth in Section 11.5 of the 1985 Woburn Zoning Ordinances, as amended, have been satisfied, 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 Sections 7.3 and 5.1.69 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the addition of eleven (11) loading docks to the front existing building and to modify the Special Permit dated August 11, 2011 by deleting the reference to the “Emergency Parking Plan” Sheet SK-1 dated

6/24/11” in Condition 2 and replacing with the plan filed with this petition entitled “Proposed Parking Layout” Sheet PK-1 dated November 15, 2011 as the plan of record, for the property located at 36 Cabot Road. PUBLIC HEARING OPENED. A communication dated December 16, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Peterson Party Center Inc. – 36 Cabot Rd. – To allow for the addition of 11 loading docks to the front of the existing building and to modify the Special permit dated August 11, 2011 by deleting reference to the “Emergency Parking Plan” Sheet SK-1 dated 6/24/11 in condition 2 and replacing with a new plan entitled “Proposed Parking Layout” Sheet PK-1 dated November 15, 2011 pursuant to Sections 5.1.69 and 7.3

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on December 13, 2011, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Peterson Party Center LLC, regarding the property at 36 Cabot Road, to allow for the addition of 11 loading docks to the front of the existing building and to modify the Special Permit dated August 11, 2011 by deleting reference to the “Emergency Parking

Plan” Sheet SK-1 dated 6/24/11 in condition 2 and replacing with a new plan entitled

“Proposed Parking Layout” Sheet PK-1 dated November 15, 2011” with a scale of 1”= 40’-0” pursuant to Sections 5.1.69 and 7.3 and subject to Conservation Commission approval.

 

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 copy of a communication to Edmund Tarallo, Planning Director from Brett F. Gonsalves, Senior Engineer, Engineering Department was received as follows:

 

The applicant is seeking permission to allow for the construction of 11 loading docks in the front of the building which is located within the 100 year flood plain and modification of the previously approved special permit to delete the reference to Emergency Parking Plan and replace it with Proposed parking plan.

 

Upon review of the site plan, this office takes no exception to the special permit as submitted. However the applicant will need to file a notice of intent with the conservation commission for their approval.

 

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

 

Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that in August 2011 a special permit was granted to allow overnight parking of commercial vehicles at the locus, that the property has been used for warehouse and distribution since its construction in 1975, that the petitioner will improve the landscaping and construct eleven loading docks, that the zoning code requires that loading docks not front on a street, that the loading docks will not be more detrimental than the existing loading docks at the locus, that there is a shift in the parking plan, that there will be three separate entrances with additional landscaping in those areas, that this will be the location of the petitioner’s corporate headquarters, that the company is one of the top party rental companies in the country, that the petitioner will work with the owner of the adjoining property to provide more landscaping between the lots, that the petitioner does not object to a condition that they work with the abutting owner to improve the landscaping along the property line, that the petitioner will be presenting their proposal to the Conservation Commission for approval, and that the petitioner does not expect any issues with the Conservation Commission. Attorney Tarby offered a copy of a plan area which indicated where the petitioner will work with the owner of the abutting property to improve the landscaping for review by the City Council. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he is in favor of the petition. 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 recommendations of the Planning Board be adopted as conditions of the special permit; 2. That the Petitioner shall work with the owner of the abutting property to improve the landscaping along the property lines; 3. That the special permit shall be conditioned upon the petitioner obtaining approval from the Conservation Commission of the proposal, and 4. That the special permit is granted to Peterson Party Center Inc. only and shall not be transferable, all in favor, 9-0.

 

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On the petition by Alderman Gately concerning  a vacant parcel of land located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts on Green Street near the intersection with Main Street and the abandoned railroad bed further identified with Assessors’ Map ID Number 59-04-04 containing approximately 5,800 square feet of land more or less, Woburn, Massachusetts for the purposes of determining whether said vacant parcel is a public nuisance or a nuisance to the neighborhood, as said terms are used in Massachusetts General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation. PUBLIC HEARING OPENED. Alderman Gately stated that he has been in contact with the owners of the property, that the landowner has contracted with someone to clean the property, that there is a wire running through a tree on the locus, that NStar will visit the site to investigate the nature of the wire, and that he suggests that the matter be continued for one month. 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 28, 2012, all in favor 9-0.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS: None.

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NEW PETITIONS: None.

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COMMUNICATIONS AND REPORTS:

 

A communication dated December 16, 2011 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 2011: number of parking violations issued 1,253, number of violations paid 582, number of violations outstanding 423, amount collected and submitted to the Office of the Collector $45,443.60. There exists a backlog of 5,549 tickets for 1982 through 2010. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $9,300.00.

 

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 23, 2011 was received from Attorney Richard H. Murphy, Jr., Murphy Law Offices, P.C., 300 Trade Center, Suite 2700, Woburn, Massachusetts 01801 as follows:

 

Re: Notice of Intent to Sell pursuant to M.G.L. Chapter 61A – City of Woburn Assessor’s Map/Block/Lot No. 35/09/26 – Also known as 30 Wyman Street, Woburn, Massachusetts

 

Dear Mayor Galvin, City Councilors, Members of the Board of Assessors, Members of the Planning Board, Members of the Conservation Commission, State Forester and Commissioner of the Department of Revenue

 

This firm represents the owners of the real estate that is the subject of this Notice (the “Owners”). On the Owner’s behalf, we submit this Notice of Intent to Sell under M.G.L. Chapter 61A. Please be advised that a Purchase and Sale Agreement constituting a bona fide offer to purchase has been received an accepted by the Owners from Melanson Gately, LLC, a Massachusetts limited liability company, as the Buyer, with respect to the premises described therein, which premises are also known as City of Woburn Assessor’s Map/Block/Lot No. 35/09/26, and contain approximately 13.6 to 14.0 acres of land, more or less, according to the Assessor’s records. The enclosed Board of Assessors

Agricultural or Horticultural Tax Lien dated May 17, 1979 and recorded in the Middlesex

South Registry of Deeds in Book 13774, Page 719 describes the land as being about

13.65 acres of land, while the Assessor’s records currently describe the same land as being approximately 14.0 acres of land.

 

A certified copy of said executed Purchase and Sale Agreement dated December 16, 2011 is attached hereto and incorporated herein. A map drawn at the scale of the Assessor’s Map showing the location and acreage of the land is also enclosed for your reference.

 

As provided in M.G.L. Chapter 61A §14, please be advised that the Owners hereby make a Statement of Intent to Sell the premises pursuant to the said Purchase and Sale Agreement. As to as Statement of Proposed Use of the land, the Owners understand that the Buyer intends to use the premises for residential use from and after the time such sale is consummated with the Buyer.

 

The following information is provided for your reference:

 

Owners: Spence Farm Realty Trust; having as its Trustees Thomas W. Spence, William

C. Carlson, Robert J. Spence, Jr., Paul J. Kennedy and Albert T. Spence; and having as it

Beneficiaries Thomas W. Spence, as Trustee of the Spence Family Nominee Trust,

William C. Carlson, Robert J. Spence, Jr., Paul J. Kennedy et al., Trustees and William

Spence & Sons, Inc., all with a mailing address of c/o 12 Newbury Street, Woburn, MA 01801

 

Owner’s Attorney: Richard H. Murphy, Jr., Esq., Murphy Law Offices, P.C., 300 Trade

Center, Suite 2700, Woburn, MA 01801

 

Thank you for your attention to this matter.

 

Very truly yours, s/Richard H. Murphy, Jr., Attorney for the Owners

 

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 29, 2011 was received from Russell K. Dunning, Esq., Posternak Blankstein & Lund LLP, Prudential Tower, 800 Boylston Street, Boston, Massachusetts 02199-8004 as follows:

 

Re: 399 Washington Street, Woburn, MA

 

Dear Mr. Campbell:

 

We represent 399 Washington Street, LLC and its principal, Nai Nan Ko, Sr. in connection with the above referenced property. We are in receipt of your letter to our clients of December 22, 2011 and are pleased to have this opportunity to advise you and the members of the Woburn City Council concerning Mr. Ko’s plans for the property.

 

While not totally out of the question, Mr. Ko has decided that redevelopment of the building and property as or in connection with an auto dealership may not be its highest and best use. It appears that family restaurants and perhaps some retail are the most advantageous use of the property. In that regard, Mr. Ko has spent the better part of the past year in discussions with potential tenants and has received Letters of Intent setting forth the proposed business terms for the construction of new buildings and the operation of new businesses on the site. He has also retained attorney Joseph Tarby to advise as to zoning, permitting and other land use issues, solicited and received several proposals for demolition of the building and redevelopment of the site and just last week received anew Phase I Environmental Report. While it has taken some time to reach this point, Mr. Ko is now in a position to assure the City that things will proceed at a faster pace going forward. Once a demolition contractor has been chosen (something that should happen within the next few weeks) actual demolition will be able to be started shortly thereafter with the goal of having the site cleared of all structures by spring.

 

Once again, we and Mr. Ko are pleased to have this opportunity to report that Mr. Ko’s goals for the site are very much aligned with the City’s and he looks forward to working closely with the City and its various boards and elected officials in achieving those goals as expeditiously as possible. Perhaps a meeting with Mr. Ko and interested City officials to discuss the redevelopment of the site in more detail sometime early in the new year would be helpful in that regard.

 

Please do not hesitate to call me if you have any questions concerning the above. Thank you in advance for your attention to this letter.

 

Very truly yours, s/Russell K. Dunning

 

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

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS: 

 

A communication dated December 20, 2011 was received from Mayor Scott D. Galvin as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint the following individuals, with terms to expire Dec. 31, 2014, to the Woburn Council on Aging; subject to approval by the City Council.

 

Geraldine Benecke, 713 Main Street, Woburn, Mass.;

Jean Cronin, 18 Mayflower Road, Woburn, Mass.;

Mary Foley, 13 Franklin Street, Woburn, Mass.; and Vincent Simeone, 140 Mishawum Road, Woburn, Mass.

 

Respectfully, s/Scott D. Galvin, Mayor

 

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

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS: None.

_________________________

 

Motion made and 2nd to suspend the rules and to add the following as a late filed matter to the Order of the Day, all in favor, 9-0.

_________________________

 

ORDERED     That the Regular Meeting of the City Council scheduled for February 21, 2012 be and is hereby rescheduled for February 28, 2012 and that the Regular Meeting of the City Council scheduled for March 6, 2012 is hereby cancelled.

 

s/President Denaro

 

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

_________________________

 

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

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 9:01 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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