City Council – 01/20/2009

DATE 01/20/2009
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 20, 2009 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

Denaro                       Gonsalves

Drapeau                      Mercer-Bruen

Galvin                     Raymond  Doherty

Gately                         Wall

_________________________

 

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: 

 

A communication dated January 9, 2009 was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

Dear Mr. Campbell:

 

I hereby request time for a presentation to be made to the City Council regarding the new Goodyear School. I would appreciate it if this presentation could be made at their regular meeting on January 20, 2009.

 

Thank you for your consideration.

 

Sincerely, s/Thomas L. McLaughlin

 

Motion made and 2nd to suspend the rules for the purposes of hearing from the School Department concerning pending school issues, all in favor, 9-0. Appearing was

Superintendent of Schools Carl R. Batchelder, Ed.D. and he stated, that the Goodyear School and Wyman School received ratings of 4 after a State inspection was completed, that there were 63 schools in the State to receive the rating of 4, that the city submitted six schools but had to select only one project, that the School Committee selected the Goodyear School because it was the most needy building in terms of necessary repairs, that on January 10, 2008 the city was invited to the MSBA meeting, that the city had to provide demographic information for community growth and school student population growth, that the city was thereafter authorized to issue a Request for Service (RFS), that the MSBA wants every school seat utilized, that the approximately 100 students at the Clapp School will likely be redistricted to the Goodyear School but the school department will also be looking at the White School, Shamrock School and Reeves School to determine where redistricting will take place, that the school department is not looking at consolidation but at redistricting, and that the bottom line issue for the school department is providing educational facilities parity to the community’s students. Superintendent Batchelder offered a copy of a letter dated September 29, 2006 from the School Building Task Force to His Honor the Mayor Thomas McLaughlin and a copy of a letter dated October 10, 2006 from His Honor the Mayor Thomas McLaughlin to the School Building Task Force for the City Council to review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. Pat Saitta, Municipal Building Consultants, Inc., 200 Sutton Street, North Andover, Massachusetts 01845 stated that on February 17, 2009 a meeting will convene that could lead to selection of an architect, that the work will proceed to a Scope and Budget agreement for the MSBA Board meeting on July 27, 2009, that the goal is to open a new Goodyear School by September 2011, that the final information will be prepared to approve the preferred site, school size and related issues for the MSBA Board meeting in March 2009, that removal and replacement of buried construction debris on the proposed Leland park site will be handled as a separate project and will be completed in the autumn of 2010, that the city will be talking to the MSBA about the fact that cost of demolition is included in a school building project and that some site preparation costs it can be argued should be included for this site, that as long as the MSBA knows that the city is moving forward they will continue to work with the city, and that the reimbursement range has not been set but it will probably be in the range of 50%. Mr. Saitta offered a report entitled “Project – Goodyear School, Woburn, Ma. – Action/Status Items as of January 9, 2009 – Prepared by Municipal Building Consultants, Inc.” to the City Council for review. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. George Naslas, Weston and Sampson Engineers, Inc., 5 Centennial Drive, Peabody, Massachusetts 01960 stated that they looked at the site in April 2007 with respect to fill on the site, that they focused on the area of the gravel parking lot, that there were indications that the lot was filled with construction material from an old factory from Malden, that the investigation found concrete, soil, timbers and general construction material, some petroleum, lead, and low concentrations of PCP and arsenic in the groundwater, that they are confident in the knowledge of the extent of the contamination, that contaminants are not at a level that cannot be remedied, that there are also voids in the fill, that the city has to determine the footprint of the building and then the lot can be remediated by removal and fill below, that the city can also look at remediating the hot spots, that they need to gather further data to determine the limits of the contamination, that the building footprint can be moved as the data is gathered, that the city is in compliance with the Department of Environmental Protection (DEP) relative to cleaning the site, that if there is to be limited remediation the cost can be approximately $500,000.00, that if the whole footprint is remediated the cost could be approximately $2,000,000.00, that if the whole site is remediated the cost would be much greater, that there are other solutions such as reusing the fill on site which is often done, that it is unusual to find arsenic on a site such as this but it may be related to preservatives used in the timbers found underground such as railroad ties, that there is a necessity to eliminate the arsenic but it may be possible to limit the costs because of the proximity to the cemetery, that the material on site currently is unsuitable for a construction base, that the city if the city is looking to construct a 40,000 square foot building the cost or remediation is approximately $2,000,000.00, that they are working to gather as much data as possible for the March 2009 MSBA Board meeting, that all of the contaminants are below the ground but nothing was found on the surface, that the groundwater in that area is not used for drinking water, that it appears that the arsenic is a localized issue, that they performed two iterations of the investigation at a cost of approximately $30,000.00, that they did not start to focus on the cost of remediation until late in 2008, and that the more costly remediation is probably the best alternative for this site. Alderman Mercer-Bruen stated that this is an update on the Massachusetts School Building Authority (MSBA) process with respect to the Goodyear School, that the city is one of over 400 districts that submitted a statement interest, that only a few dozen communities have been authorized to proceed to the selection of an architect and design plan, that the only other possible site for construction is the existing Goodyear School site but this causes safety issues during construction if a new school in built on the site, that if the school is torn down there is a question as to where the students would be housed during construction, that she hopes there are plans starting tomorrow to determine a “Plan B” as to the extent of contamination of the site was not known until now, that the only remediation estimates that she has heard for the site is between $600,000.00 and $1,000,000.00, that the Dragon Court mitigation money was used for some of this work, and that an appropriation of $40,000.00 was approved to pay for these costs. Alderman Raymond stated that there has to be a lot of special care taken with this site as grade school children who are susceptible to pollutants will spend a lot of time on the site. Alderman Drapeau stated that an alternative location should be determined as it is not clear if this site will be considered a viable site. Alderman Galvin stated that he is not opposed to the site but wants to know the final costs of remediation before moving forward, that the city should have taken a more proactive role in assessing the contamination because it appears that a decision has been made to build on the site regardless of the cost, and that he would rather take time and focus on the May 2009 MSBA Board meeting rather than the March 2009 MSBA Board meeting. Alderman Wall stated that regardless of the future use of the site a

determination has to be made as to what is in the fill and remediation of any issues. Alderman Denaro stated that if the site is to be used the soil will be cleaned, that the standard has been set by the city in building the Shamrock School relative to a clean site and it would apply here, that the Goodyear School should have been the first school built, that the project is too small, and that this should be a larger building constructed to accommodate the students as the city cannot afford to build another school. President Doherty stepped down from the chair when he spoke and Alderman Galvin assumed the chair. President Doherty stated that there was not a recommendation from the School Building Task Force to close the Clapp School, that the School Building Task Force wanted to reduce the number of elementary school buildings from nine to six, that the School Building Task Force did not make accommodations as stated in the September 29, 2006 report, and that there is no guarantee that the City Council will approve the closing of the Clapp School. Alderman Galvin stepped down from the chair and President Doherty assumed the chair. School Committee Chair Dr. John Wells stated that the School Building Task Force was a mayoral task force, and that the school department is looking at what is best for the students and parents of the Clapp School district in offering a new school. No further action was taken.

 

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A request by School Committee Member Denis Russell to provide the City Council with a status report of activities in the School Department. Appearing was School Committee Member Russell and he reviewed a document entitled “Communication Subcommittee Report to the City Council.” School Committee Member Russell offered a copy of the document to the City Council for review. Motion made and 2nd that the document be received and made part of the record, 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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A communication dated January 15, 2009 with attachment was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

Dear President Doherty and Distinguished Members of the City Council:

 

Attached please find a copy of a recent letter that I received from Ms. Lisa Signori, Director of Administration and Finance for the City of Boston, concerning the Mary Cummings Property.

 

Please contact my office if you require any further information regarding this correspondence.

 

Sincerely, s/Thomas L. McLaughlin

 

Attached thereto was a copy of a communication dated January 8, 2009 from Lisa Calise Signori, Director of Administration & Finance, City of Boston, Office of Administration and Finance, One City Hall Plaza, Boston, Massachusetts 02201 to Mayor Thomas L. McLaughlin and Town of Burlington Town Administrator Robert A. Mercier as follows:

 

Dear Mayor McLaughlin and Administrator Mercier:

 

As a follow up to our most recent meeting, I am sending this letter to thank you again for taking the time to continue our collaborative efforts to discuss and identify the most appropriate ways to use the Mary Cummings Property to maximize its benefits for our citizens.

 

The recent statement from the Office of Attorney General Martha Coakley regarding the property should serve to clarify the restrictions of the will and guide us as we move forward together to meet its terms.

 

I am very optimistic that our plans to continue the dialogue, and the sharing of ideas and opportunities, will result in our identifying recreational and educational uses for the land that will honor the wishes of Mary Cummings. Even in view of the fiscal and various unique challenges we face in identifying the most apt uses for the land, I am confident that our joint efforts will lead to creative and suitable ways to use the property. We are planning to move ahead on the improved signage and directional information that we discussed and will be in contact as that work begins.

 

I look forward to our continuing work.

 

Sincerely, s/Lisa Calise Signori, Director of Administration & Finance

 

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

 

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ORDERED     That the sum of $150,000.00 be and is hereby appropriated as so stated from School Stabilization Fund Acct #704059-596300 $150,000.00 to Site Evaluation Leland Park $30,000.00, Owner Project Manager $72,000.00,

Architectural Design $48,000.00 Acct #626058-580000 Total $150,000.00

 

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)

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, as amended with the conditions as follows: 1. That Weston and Sampson Engineers, Inc. have a breakdown of costs available for the Committee on Finance for both cleaning the Goodyear School site without a building being constructed and with a building being constructed, and that 2. Weston and Sampson Engineers, Inc. provide a

detailed statement to the Committee on Finance of what sums they have been paid by the city for the Goodyear School site work and what sums need to be paid to the company, all in favor, 9-0.

 

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ORDERED     That the sum of $150,000.00 be and is hereby appropriated as so stated from Unreserved Fund Balance Acct #01-359000 $150,000.00 to DPW Overtime Acct #0141151-513100 $150,000.00

 

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

I hereby recommend the above: s/Vincent Ferlisi, Superintendent, DPW

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

 

s/President Doherty (per request)

 

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

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PUBLIC HEARINGS:  

 

On the petition by Hugo G. Moraes, dba Taste of Brazil, Tuda Na Brasa, 6 Park Drive,

Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.29 of the 1985 Woburn Zoning Ordinances, as amended, to allow authorize restaurant establishment and to allow for expansion of same at 414 Main Street. PUBLIC HEARING OPENED. A communication dated January 13, 2009 was received from Attorney John D. McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition: Hugo G. Moraes dba Taste of Brazil, Tudo na Brasa, 414 Main St., Woburn, MA

 

Dear Councillors:

 

Please consider this as a request that the hearing on the above-matter be further continued to your second meeting in February, 2009, which I understand to be February 17, 2009. We have now firmed up the prior questions regarding the scope of the proposal, but we will need additional time to review the same with various department heads and the Planning Board.

 

Thank you for your courtesy in this matter.

 

Sincerely, s/John D. McElhiney

 

A copy of a communication dated January 12, 2009 from Brett F. Gonsalves, Senior Engineer, Woburn Engineering Department to Edmund Tarallo, Planning Director, was received as follows:

 

Subject: 414 Main Street – Taste of Brazil Restaurant – Special Permit Application Dated October 6, 2008 – Previous Memo Dated October 28, 2008

 

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

 

The applicant is seeking permission to expand the existing restaurant to 118 seats. This expansion would include two levels of restaurant seating and storage.

 

This office has not received any additional information since our previous memo dated October 28, 2008. We will continue with our review when additional information outlined in the above mentioned memo is submitted.

 

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

 

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 24, 2009, all in favor 9-0.

 

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On the petition by NSTAR Electric Company and Verizon New England, Inc. for a grant of right in a way to install one joint occupancy pole on the southwesterly side of

Ledgewood Road approximately 470 feet northwest of Country Club Road. PUBLIC

HEARING OPENED. A communication was received from Superintendent of Public Works Vincent Ferlisi as follows: “Site inspection was performed on Ledgewood Road. Low wire condition exists. OK to proceed with installation of new pole. Location of new pole is acceptable.” Motion made and 2nd that the communication be received and made part of the record, all in favor, 9-0. Appearing for the petitioner was Jacqueline Duffy of NSTAR Electric Company and she stated that this petition is to eliminate a low wire condition on Ledgewood Road. Alderman Gately stated that he is apprehensive about granting a petition until Verizon also appears. 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 GRANT OF RIGHT IN A WAY be APPROVED, all in favor, 9-0. Motion made and 2nd that a communication be forwarded to Verizon requesting that Verizon communicate to the City Council as to a convenient time to meet and discuss pending issues, all in favor, 9-0.

Presented to the Mayor on January 22, 2009 and ten days having elapsed without same being approved, said Order became effective without his signature on February 3, 2009.           

 

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On the petition by Trade Center Park, LLC, 200 West Cummings Park, Woburn, Massachusetts 01801 for a special permit with site plan review pursuant to Section 5.1.41 of the 1985 Woburn Zoning Ordinances, as amended, to allow Research and Testing Laboratory use at TradeCenter 128, and seeks correspondingly, to modify the Certificate of Appeal of Special Permit dated December 22, 2006 by amending condition number 2 to allow such Research and Testing Laboratory use at 100 Sylvan Road. PUBLIC HEARING OPENED. President Doherty stated that ZORC will meet this week on the matter and suggested that the public hearing be continued to the second meeting in February. 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 24, 2009, all in favor 9-0.

 

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On the petition by Woburn Department of Public Works, 55 North Warren Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.79 of the 1985 Woburn Zoning Ordinances, as amended, to allow the construction of a water treatment plant addition and appurtenant facilities at the existing Horn Pond Water Works site  A report was received from the Committee on Special Permits as follows: “ought to pass, with the conditions as follows: 1. That the Council be made aware when the bid is granted, who was granted the bid and the final price, and 2. The City Council Finance Committee as a whole shall be provided quarterly reports regarding all expenditures for the Horn Pond water treatment project.” Alderman Gately stated that the Cizens Water Advisory Board is comprised of residents from throughout the city to gather data for the City Council to establish a plan to address water quality issues, that $34,000,000.00 was bonded for water improvements, and that these efforts will remove the stigma of low water quality in Woburn. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor 9-0. [Clerk’s note: This matter was listed under public hearings however the public hearing was closed on January 6, 2008. The matter was treated as a committee report.]

 

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On the petition by John S. Russo and Stephanie Rodman, both of 36 Day Circle, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.5 of the 1985 Woburn Zoning Ordinances, as amended, to allow bringing fill onto the site at 36 Day Circle

PUBLIC HEARING OPENED. A copy of a communication dated January 12, 2009 from Brett F. Gonsalves, Senior Engineer, Woburn Engineering Department to Edmund Tarallo, Planning Director was received as follows:

 

Subject:  36 Day Circle Fill Special Permit – Special Permit Application Dated December 14, 2008 – Subdivision Plan Dated August 10, 2007

 

The applicant is requesting permission to bring in fill on the subject property to correct an erosion problem. Neither the submitted application nor the plan indicates the amount of fill requested by the applicant therefore there is not sufficient information submitted with the application for this department to comment on.

 

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

 

No one appeared for the petitioner. The City Clerk stated that he was informed by the Planning Board that the matter had been continued by the Planning Board at the request of the petitioner’s counsel. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF

THE CITY COUNCIL ON MARCH 3, 2009 and that the ownership of the real estate be ascertained, all in favor 9-0.

 

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On the petition by David Dellarocco, 18 Heritage Drive, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.45 of the 1985 Woburn Zoning Ordinances, as amended, to allow used auto sales and for a Second Class Motor Vehicle Sales License at 5 Crescent Park, Unit #4. PUBLIC HEARING OPENED. A copy of a communication dated January 12, 2009 from Brett F. Gonsalves, Senior Engineer, Woburn Engineering Department to Edmund Tarallo, Planning Director was follows:

 

Subject: 5 Crescent Avenue Unit 4 – Used Vehicle Sale Special Permit – Special Permit Application Dated December 11, 2008 – Supplemental Information Submitted on January 12, 2009

 

The applicant is seeking permission to allow for the sale of used vehicles via the internet at the above referenced address. The application does not indicate the number of vehicles that will be sold on site, however the applicant has indicated to the planning director that there will only be 5 to 6 cars and will be located in the building not outside.

 

Upon review of the special permit application, this office takes no exception to the special permit as submitted.

 

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

 

A communication dated January 16, 2009 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: David Dellarocco – 5 Crescent Ave. Unit 4 – To allow the sale of used vehicles pursuant to Section 5.1.45

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on January 13, 2009, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request to allow for the sale of used vehicles pursuant to Section 5.1.45 at 5 Crescent Avenue Unit 4 subject to the following conditions:

 

  1. That all cars for sale shall be stored inside the unit;
  2. That no outside display of vehicles, banners or flags regarding the sale of used vehicles shall be permitted; and
  3. That the number of vehicles for sale stored at the site shall not exceed 6 at any one time.

 

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 was the petitioner David Dellarocco and he stated that his clients will be on site by appointment only, that this will be an internet business, that there will be no outside storage of vehicles, that there will be no signs outside of the building, and that he can fit six vehicles in the building. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn, Massachusetts 01801 and he stated that he is in favor of the petition and that this is a well run building. A man appeared and stated that he owns a unit in the building and 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 special permit shall be granted to David Dellarocco only and is not transferable, and 2. That the recommendations of the Planning Board be adopted as conditions of the special permit, all in favor, 9-0. Motion made and 2nd to suspend City Council Rule 20a, all in favor, 9-0. Motion made and 2nd

that the SECOND CLASS MOTOR VEHICLES SALES LICENSE be GRANTED, AS

AMENDED with the condition as follows: 1. That the license shall be limited to six (6) vehicles, all in favor, 9-0. Motion made and 2nd to restore City Council Rule 20a, all in favor, 9-0.

Presented to the Mayor on January 22, 2009 and ten days having elapsed without same being approved, said License became effective without his signature on February 3, 2009.           

 

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On the petition by President Charles Doherty to amend the 1985 Woburn Zoning

Ordinances, as amended, by establishing a new Section 23 entitled Commerce Way

Corridor Overlay District as set forth in the petition (Clerk’s Note: See City Council

Journal dated July 10, 2008 for a full recitation of the text of the ordinance). PUBLIC

HEARING OPENED. President Doherty stated that the matter is being reviewed by the Zoning Ordinance Review Committee (ZORC) and that a report should be received by the next City Council meeting. Alderman Denaro stated that the sentiment seems to be in favor of working with the City Council in this matter and there is some support for the proposal. Alderman Mercer-Bruen stated that the residents abutting Dragon Court will participate in the ZORC meeting on this matter. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MARCH 3, 2009, all in favor 9-

0.

 

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On the petition by Alderman Michael Raymond to further amend the 1985 Woburn Zoning Ordinances, as amended, by striking Section 6.2.4 in its entirety and inserting in its place the following: “A fence, hedge, wall, or other enclosure may be maintained on a corner lot, provided: it shall not obstruct visual clearance at intersecting streets by being between 3 ft. and 10 ft. above the grade within the triangular area formed by the intersection of the lot lines and a straight line joining said curb lines at points which are

16 ft. distant from point of intersection of said lot lines.” PUBLIC HEARING OPENED. A communication dated January 16, 2009 was received from Edmund P. Tarallo, Planning Director as follows:

 

Re: Alderman Michael Raymond – Zone Change – Amend Section 6.2.4 regarding fences, hedges, walls, or other enclosure on a corner lot

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on January 13, 2009, the Board voted to forward a favorable recommendation to the City Council to approve the zoning amendment as proposed to strike Section 6.2.4 in its entirety and inserting in its place the following: “A fence, hedge, wall, or other enclosure may be maintained on a corner lot, provided: it shall not obstruct visual clearance at intersecting streets by being between 3 ft. and 10 ft. above the grade within the triangular area formed by the intersection of the lot lines and a straight line joining said curb lines at points which are 16 ft. distant from point of intersection of said lot lines.”

 

If you have any questions or concerns regarding the matter, please feel free to contact me.

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Alderman Raymond stated that Section 6.2.4 was a contradiction to another section of the ordinances and that this change will eliminate the contradiction. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor 90. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor on January 22, 2009 and ten days having elapsed without same being approved, said Ordinance became effective without his signature on February 3, 2009.           

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS: 

 

POLICE AND LICENSE:

 

On the petition by Nicolas Saba dba Montvale Service, 289 Salem Street for a new Second Class Motor Vehicle Sales License, committee report was received “ought to pass, with conditions as follows: 1. That the license is to Nicolas Saba only and is not transferable, and 2. That the licenseholder shall maintain the landscaping in front of the property along Salem Street.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor on January 22, 2009 and ten days having elapsed without same being approved, said License became effective without his signature on February 3, 2009.           

 

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On the petition by Tracy M. Batten dba Winn St. Auto Sales, 104 Winn Street for transfer of a Second Class Motor Vehicle Sales License from Richard Cail dba Winn St. Auto Sales, committee report was received “Alderman Galvin to inspect the property and the matter will be taken from committee.” Motion made and 2nd that the matter be taken from the Committee on Police and Licenses, all in favor, 9-0. Motion made and 2nd that the TRANSFER be APPROVED, all in favor, 9-0.

Presented to the Mayor on January 22, 2009 and ten days having elapsed without same being approved, said License became effective without his signature on February 3, 2009.           

 

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On the petition by Maqsud dba Shaikh dba M&M Taxi, 12 Naples Avenue for a new Taxi Cab License, committee report was received “ought to deny as location is in a residential neighborhood.” On January 16, 2009, the petitioner filed a copy of a lease for the operation of the business at 165-U New Boston Street, Suite 275. Motion made and 2nd that the committee report be received, all in favor, 9-0. Alderman Raymond stated that the petitioner has signed a lease at a business location since the committee meeting. Motion made and 2nd that the TAXI CAB LICENSE be GRANTED, AS AMENDED

with the following conditions: 1. That the place of business shall be 165-U New Boston Street, Woburn and 2. That the license shall be limited to one (1) vehicle, all in favor, 90.

Presented to the Mayor on January 22, 2009 and ten days having elapsed without same being approved, said License became effective without his signature on February 3, 2009.           

 

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On the petition by College Street Partners LLC, 900 Cummings Center, Suite 301U, Beverly, Massachusetts 01915 for a new Commercial Parking Lot License, committee report was received “ought to deny.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

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NEW PETITIONS:

 

Petition by Lenny’s Auto Repair Inc., 280 Salem Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.44 and Section 7 of the 1985 Woburn Zoning Ordinances, as amended, to allow for an automobile and truck repair garage and signage at 280 Salem Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Winning Auto Services, Inc., 280 Salem Street for a special permit to modify

Condition 19 referenced in a special permit issued on June 8, 2006 by deleting Condition

19 in its entirety for property located 280 Salem Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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COMMUNICATIONS AND REPORTS:

 

A communication dated January 12, 2009 was received from Attorney Patricia A. Cantor, Kopelman and Paige, P.C. relative to cutting and trimming of “public shade trees.” 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 20, 2009 was received from Attorney Mark R. Reich, Kopelman and Paige, P.C. relative to the relationship between the City Charter and Ordinances in the event of conflict between those documents. 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 October 2008 with attachments was received from Gerald Bell, Manager, Community Services Unit, Department of Housing and Community

Development, 100 Cambridge Street, Suite 300, Boston, Massachusetts 02114 relative to cold weather relief energy programs. 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: 

 

A communication dated January 2, 2009 was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Alexander Avola, Jr., of 18 Bradford Road as a member of the Golf & Ski Authority. The effective date of this appointment will be the date of confirmation by the City Council. This appointment will be for a term of 6 years.

 

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

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

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

 

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A communication dated January 2, 2009 was received from His Honor the Mayor Thomas L. McLaughlin as follows:

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Russell S. Braese of 30 Carroll Road as a member of the Golf & Ski Authority. The effective date of this appointment will be the date of confirmation by the City Council. This appointment will be for a term of 6 years.

 

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

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

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

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MOTIONS, ORDERS AND RESOLUTIONS: None.

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Motion made and 2nd to suspend the rules for the purpose of taking the following matters from Committee on Police and License and adding the matters as late filed matters to the Order of the Day, all in favor, 9-0.

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POLICE AND LICENSE:

 

On the petition to renew a First Class Motor Vehicle Sales License by Azure Dynamics US, 9 Forbes Road. Motion made and 2nd that the LICENSE be GRANTED, all in favor, 9-0.

Presented to the Mayor on January 22, 2009 and ten days having elapsed without same being approved, said License became effective without his signature on February 3, 2009.           

 

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On the petitions to renew Second Class Motor Vehicle Sales Licenses by Robert Fucarile dba Classic Auto Sales, 9 Salem Street; EC Inc. dba Xpress Fuel, 505 Main Street; Francis Garbino dba Tom’s Auto Body, 10R Green Street; Joseph P. Mahoney Co. Inc., 293 Salem Street; Oliver McDermottroe dba McDermottroe Auto Sales, 229 Lexington Street; O’Rourke’s Service Station, Inc., 183 Cambridge Road; Tracy M. Batten dba

Tracy’s Auto Body, 62R Winn Street; Wassim (Sam) Nicolas dba Woburn Square Mobil,

23 Pleasant Street; and Woburn Gas and Service, Inc., 545 Main Street. Motion made and 2nd that the LICENSES be GRANTED, AS AMENDED with the conditions as follows: 1. That there shall be no increases in the number of vehicles allowed for sale from the prior year’s license, all in favor, 9-0.

Presented to the Mayor on January 22, 2009 and ten days having elapsed without same being approved, said Licenses became effective without his signature on February 3, 2009.           

 

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Petition for a new Taxi Cab License by Ali-A-Shleh dba Metro Car Service , 329

Washington Street. Motion made and 2nd that the TAXI CAB LICENSE be GRANTED, AS AMENDED with the condition as follows: 1. That the Taxi Cab License shall be limited to one (1) vehicle, all in favor, 9-0.

Presented to the Mayor on January 22, 2009 and ten days having elapsed without same being approved, said License became effective without his signature on February 3, 2009.           

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Motion made and 2nd that the Regular Meeting of the City Council scheduled for February 17, 2009 be rescheduled for February 24, 2009, all in favor, 9-0.

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Motion made and 2nd that a communication be forwarded to Verizon New England, Inc. requesting a report to the City Council relative to the number of company controlled vehicles garaged at the two Verizon New England, Inc. locations in Woburn and information as to whether each vehicle is registered in Woburn, all in favor, 9-0. _________________________

 

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 10:15 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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