City Council – 07/18/2006

DATE 07/18/2006
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

JULY 18, 2006 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Ciriello                        Gately

                                                Denaro                       Galvin

                                                            Drapeau                      Gonsalves – absent

                                                Dwyer                         Mercer-Bruen

Doherty _________________________

 

VOTED to dispense with the reading of the previous meeting’s Journal and to APPROVE, all in favor, 8-0-1 (Gonsalves absent).

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MAYOR’S COMMUNICATIONS: 

 

A communication dated July 13, 2006 with attachment was received from His Honor the Mayor as follows:

 

Dear President Doherty and Members of the City Council:

 

Enclosed you will find a copy of a legal opinion submitted to me from Attorney David Jenkins of Kopelman and Paige dated July 12, 2006. This legal opinion was solicited as a result of a recent action concerning eight retired appointees which was taken by the City Council at its meeting on June 12, 2006. The opinion addresses this action, along with a

prior ordinance passed by the City Council back in 1994. I would ask that you review this opinion at your earliest convenience and to contact me if you have any questions.

 

In light of this opinion, which clarifies the authority of the mayor as the “appropriate public authority” in determining who is eligible for participation in the City’s insurance plan as per Section 2(d) of MGL Chapter 32B, I have made the following determination:

 

Effective July 11, 2006, per Section 2(d) of MGL Chapter 32B, I hereby determine that prior members of appointed boards, commissions, committees or authorities and their spouses or legal partners as recognized by the Commonwealth, and who are vested according to criteria currently set forth by the Woburn Retirement Board, are hereby grandfathered to receive health insurance benefits according to policies currently established for such benefits by the Human Resources Department of the City of Woburn.

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Gonsalves absent). Motion made and 2nd to suspend the rules for the purposes of hearing from His Honor the Mayor, all in favor, 8-0-1 (Gonsalves absent). Mayor McLaughlin stated that the benefits of the city’s retirees are secure, that the authority concerning eligibility for insurance benefits lies with the mayor, and that he is not aware of any previous mayor making this type of determination. Alderman Denaro asked what the prior legal authority was for making this decision and that the City Council had no information concerning a prior determination being made concerning health insurance benefits in retirement for former board members. Motion made and 2nd to return to the regular order of business, all in favor, 8-0-1 (Gonsalves absent). Alderman Denaro stated that there is nothing before the City Council that has anything to do with the Retirement Board, that a discussion with the Retirement Board is not on the agenda, that the hysteria caused in the past few weeks was not caused by the City Council, that there is nothing before the City Council that would affect the retirement or health insurance for the cities retirees, that the retirees were misinformed, and that if there is to be a discussion concerning this issue the Chair of the Retirement Board and not an employee of the Retirement Board should address the City Council on this issue. Alderman Galvin stated that there were letters sent to retirees when there was not action taken against the retirees, that this issue involved eight former board members, and that the mayor has addressed the issue. Alderman Gately stated that those present at this meeting should have an opportunity to hear what occurred from the Administrator of the Retirement Board. Motion made and 2nd to suspend the rules for the purposes of hearing from the Administrator of the Retirement Board, ROLL CALL: Ciriello – Yes, Denaro – No, Drapeau – Yes, Dwyer – Yes, Gately – Yes, Galvin – No, Gonsalves – Absent, Mercer-Bruen – Yes, Doherty – Yes, Motion Passes. Maureen Marcucci, Administrator of the Woburn Retirement Board stated that eight people present at this meeting were affected by the action of the City Council, that there was no prior mayor who did not allow these benefits to be received by retirees, that the City Council and not the

Retirement Board took the action which affected these eight people, that the legal opinion was that the City Council could not take the action that it did, that the official record was to remove the benefit of health insurance from these eight retirees, and that the Retirement Board took action and no statements made were false. President Doherty stated that the action taken by the City Council during the budget process was a reduction of funding in the budget but not to take benefits away from the eight former board members, that the line item was reduced by a sum certain, and that only the mayor could have taken the action to take away the health insurance benefits. Alderman Denaro stated that there has been an advisory committee process for insurance decisions for forty years but that city has never established the committee, that there were board members who were not eligible for health insurance benefits while employees of the city but who became entitled to the health insurance benefits upon retirement, that the community has to determine if this is fair, that not until Mayor McLaughlin signed this directive had any previous mayor do so however these retirees were added to the health insurance roles, that the city will not be able to afford health insurance benefits unless the issues are addressed, and that health insurance benefits for the city’s employees should be protected at the same time. Motion made and 2nd to accept the communication dated July 12, 2006 from Attorney David Jenkins, Kopelman and Paige, P.C. to His Honor the Mayor and make it part of the record, all in favor, 8-0-1 (Gonsalves absent). Alderman Drapeau stated that he apologizes to the eight retirees who lost their benefits, that he was no adequately informed when he made the decision however the matter was blown out of proportion. Alderman Dwyer stated that he also did not make an informed vote and that the matter was not blown out of proportion. Alderman Mercer-Bruen stated that she also made an uninformed decision and that she was not aware that this involved city employees. Alderman Gately stated that he apologizes for this decision and that he is embarrassed and ashamed as to how this was done. Alderman Galvin stated that this was not an uninformed decision and was not a mistake, that in 1994 an ordinance was passed that eliminated health insurance benefits for board members, and that this mayor has decide to provide the health insurance benefits and is going in a different direction than the City Council. President Doherty stated that that intent was not to take away benefits but to determine what the legal process was and this was determined. Motion made and 2nd to return to the regular order of business, all in favor, 8-0-1 (Gonsalves absent).

 

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A communication dated July 14, 2006 with attachment was received from His Honor the Mayor as follows:

 

Dear President Doherty and Members of the City Council:

 

Enclosed please find documents relating to an evaluation of the former Plympton School completed by Carbone Commercial Real Estate, Inc. at no cost to the City of Woburn. Please note that this evaluation is not a formal appraisal of the property.

 

The report describes the present condition and use of the property and points out that the City presently realizes a yearly net loss on the property of $2,055.00. Also, the evaluation notes a number of deficiencies associated with the property that potentially affects its rental value and overall property value. Some notable deficiencies are that some of the facilities within the building are not handicapped-accessible, there is no fire sprinkler system and there is an 8,000 to 10,000 gallon underground fuel oil storage tank on then property that potentially could become and environmental risk.

 

I submit this report to you and request that the matter be referred to Committee to begin a discussion on what the City would eventually like to do in light of this evaluation. I

would certainly make myself available to discuss this matter further with the Committee of the Council.

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON MUNICIPAL LANDS, all in favor, 8-0-1 (Gonsalves absent).

 

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ORDERED     That the amount of $51,296.92 be and is hereby appropriated and

approved as so stated to Regular Salary Acct #0122051-511000 $6,774.99,

Overtime Acct #0122051-513100 $28,839.34, Holiday Acct #0122051514500 $9,237.49, Sick Day Buy-Back Acct #0122051-515400 $6,445.10, total $51,296.92 – Purpose: To pay negotiated retro pay increase.

 

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

I hereby recommend the above: Paul Tortolano, Chief, Fire Department

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, 8-0-1 (Gonsalves absent).

 

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ORDERED     That the sum of $17,056.76 be and is hereby transferred as so stated from Reserve for Appropriation Fire Ambulance Acct #31359-595000 $17,056.76 to Ambulance Salary Acct 30122051-511500 $17,056.76 – Purpose: To pay negotiated retro pay increase.

 

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

I hereby recommend the above: Paul Tortolano, Chief, Fire Department

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, 8-0-1 (Gonsalves absent).

 

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ORDERED       That the sum of $1,100,000.00 be appropriated for the purpose of constructing the South End Cleaning and Relining, Water System Improvements project, and that the Treasurer is authorized to raise said sum pursuant to Chapter 44, Section 8(5) of the General Laws, through municipal obligation bonds, water user fees or any other enabling authority, as appropriate. The total sum of $1,100,000.00 consists of an interest free loan from the Massachusetts Water Resources Authority.

 

It is further order that the Mayor is authorized to make application to the Massachusetts Water Resources Authority for an interest free loan under the MWRA Local Pipeline Assistance Program.

 

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

 

s/President Doherty (per request)

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 8-0-1 (Gonsalves absent).

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PUBLIC HEARINGS:  

 

On the petition by Daniel J. McSheffrey, 3 Redleaf Lane, Woburn, Massachusetts 01801 for a special permit to modify special permits granted July 8, 2004 and August 12, 2004 pursuant to Sections 5.1.22b, 5.1.29, 5.1.46b, 5.1.63a, 15.6(c)(i), 15.6(c)(iv) and 15.6(c)(vi) of the 1985 Woburn Zoning Ordinances, as amended, to allow for a drive-up

Customer Service Facility with hours in excess of 7:00 a.m. to 10:00 p.m. for the existing fast food use at 75R Main Street. PUBLIC HEARING OPENED. A communication dated July 13, 2006 was received from Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Petitioner of Daniel J. McSheffrey, 75 Main Street, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Due to the unavailability of my client on Tuesday, July 18, 2006, I hereby request that the public hearing on this matter be continued to the City Council meeting on August 15, 2006. If you have any questions please contact me. Thank you.

 

Sincerely, s/Joseph R. Tarby III

 

IN FAVOR: None. OPPOSED: Dave Gifford, 3 Wiley Street stated that another drivethru is not needed int eh city and that he is opposed to the drive-thru. James Cosgrave, 1 Wiley Street stated that he is opposed to the petitioner. Cathy Cosgrave, 1 Wiley Street stated that she is opposed to the petitioner and that nothing has changed since the last petition filed by this petitioner on this matter. Motion made and 2nd that the PUBLIC

HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON AUGUST 15, 2006, all in favor, 8-0-1 (Gonsalves absent).

 

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On the petition by Lytron, Incorporated, 55 Dragon Court, Woburn, Massachusetts 01801 for a special permit pursuant to Section 8.3.2 of the 1985 Woburn Zoning Ordinances, as amended, to allow for accessory parking and access from the private way known as Derry Lane for the benefit of petitioner’s building at 41 Dragon Court on the lot known and numbered as 41A-41B Dragon Court. PUBLIC HEARING OPENED. A communication dated July 17, 2006 was received from Attorney Malcolm H. Houck, 7 Winn Street, Woburn, Massachusetts 01801 as follows:

 

In re: Lytron Incorporated – 41A-41B Dragon Court

 

Dear Mr. Campbell:

 

The petitioner, Lytron, Inc., requests that the City Council table it Petition pursuant to

WZO 1985 for a Special Permit under §8.32 for accessory parking. At this time, Lytron, Inc. has undertaken to make revisions to the original plans which proposed access from the private way known as Derry Lane. The accessory parking shown on original draft plans is being revised and the lanes and parking stalls, and the relative locations for each, are being redesigned, based upon preliminary suggestions from the Planning Director.

 

The Petitioner, not yet having final and completed plans, has not yet been able to meet with the Planning board with those plans, as appropriately prepared for approval.

 

Lytron, Inc. will not be able to meet with the Planning Board, nor obtain its endorsement or recommendations, until sometime after the next City Council meeting in August. Accordingly, the Petitioner’s request is for a new scheduling and assignment for public hearing at the earliest date in September.

 

Thank you in advance for your help in this matter. If you have any questions, please feel free to contact me.

 

Very truly yours, s/Malcolm H. Houck

 

Motion made and 2nd that the communication from Attorney Houck be received and made part of the record, all in favor, 8-0-1 (Gonsalves absent). IN FAVOR: None. OPPOSED: Bickford W. Brannen, President, Brannen Borthers Flutemakers, Inc., 58 Dragon Court stated that his business operates at 58 Dragon Court, that they have been at the location since 1983, that the petitioner is located across the street, that the drainage problems in the area are not improved by the plan, and that he requests some type of remediation of the drainage problems. Mr. Brannen offered documents to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 8-0-1 (Gonsalves absent). A man spoke next whose name was unintelligible stated that he has no problem with the petitioner but that he is concerned with the disposal of rainwater from the new parking lot. Payson Green stated that he was the Facilities Manager for Brannen Brothers Flutemakers, Inc. and that there has been a

tremendous increase in water runoff. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

SEPTEMBER 5, 2006, all in favor, 8-0-1 (Gonsalves absent).

 

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Motion made and 2nd to return to the regular order of business, all in favor, 8-0-1 (Gonsalves absent).

 

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On the petition by Town of Wilmington for a grant of right in a way to install approximately 11,500 linear feet of 20-inch diameter ductile iron water main, 750 linear feet of 20-inch preinsulated ductile iron water main, and a Massachusetts Water Resources Authority (MWRA) meter vault in the City of Woburn to connect the Town of

Wilmington municipal water system with the Massachusetts Water Resources Authority water system, such route beginning at the Town of Wilmington and City of Woburn town lines at Woburn Street/New Boston Street includes Presidential Way, Commerce Way and Mishawum Road to the traffic island adjacent to 420-424 Washington Street as shown on the plan filed herewith entitled “Town of Wilmington, Massachusetts MWRA Connection Transmission Main” by SEA Consultants, Inc. dated April 2006. PUBLIC

HEARING OPENED. Appearing for the petitioner was Michael Caira, Wilmington Town Manager and he stated that this petition is to obtain a right of way to begin the project, that they intend to include the repaving costs in the expenses for the project, that he is concerned that the funding for the contract may not be jeopardized if the entire project is not approved, that they were under the impression that Presidential Way was an accepted street, that there could be a requirement imposed that they obtain agreements with the private land owners, and that they are willing to accept an amendment that the work be approved from Mishawum Road to Presidential Way and then to come back to the City Council for the remaining portion once the issues with Presidential Way have been resolved. Tony Zuena, SEA Consultants stated that all work will be in the roadway limits and not within the islands, that the construction will be scheduled so as not to compete with the morning or afternoon peak traffic hours, that they have reviewed the MWRA Emergency Water Supply and Pipeline Connection Project, that the located will be located above the membrane in clean fill in a utility corridor created for this type of project and contemplated during the planning for the capping project, that they know within an inch the depth of the membrane, that they will be no less than eighteen inches away from the membrane, that the pipe will be insulated for cold weather and the method used will prevent the pipe from rupturing and if it does systems are in place to isolate that area, that construction will begin in September 2006 or October 2006 if this is approved at this meeting, that the construction phase will last nine months with no work being conducted during the winter months, that they anticipate completion of the construction by October 2007, that the contractor selected to do the work must be a responsible and responsive bidder, that a low bidder can be passed over if it does not meet the qualifications, that once the project is awarded there will be a detailed plan of how the contractor intends to complete the project however the town cannot dictate the means and manner of the work, that the project disruption at any location may be days or weeks as the project moves down the line, that vibration monitoring will be something that will have to be looked at, that the soils will be tested, that if the soil is not contaminated it will be returned to the site but if the soil is found to be contaminated it will be segregated, and that completing the project through the town of Reading required two crossings of Route 93 as well as other issues which would increase the cost of the project. Mr. Zuena offered documents to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 8-0-1 (Gonsalves absent). Michael Woods, Wilmington Water and Sewer Superintendent stated that there are no plans to eliminate the temporary connection in the near future as this has been mutually beneficial to both Wilmington and Woburn when one or the other communities have had emergency water needs, and that the temporary connection can be disconnected if that is the desire of Woburn officials. Alderman Galvin stated that the grant could be conditioned on an acceptance of Presidential Way as necessary as the City Council cannot grant a right in a portion that the city does not own, and that the grant should be up to Presidential Way and that permission be granted to the area of way owned by the city of Woburn or they must obtain permission from the owners of the land. Alderman Denaro stated that this request should be approved or Wilmington should be told why it will not work, and that if the complete project is not approved then they will have issues with funding and the project will not go further. Alderman Mercer-Bruen stated that once the roads are dug up she asks that the streets be repaved, and that two traffic islands are set for beautification but this may have to wait until the project is completed. Alderman Drapeau stated that he is concerned with disruption to businesses during the construction process, and that he wants the work completed in a manner that respects that quality of life of the residents and businesses in the area. Alderman Gately stated that he is concerned with dirty water that may be generated in the Woburn water supply once Wilmington begins to draw the water, and that he would like a communication in writing as to why the temporary connection will be necessary after completion of the project. IN FAVOR: Michael Raymond, Chairman of Woburn Neighborhood Association stated that there is a definite need for the connection and that there are strict controls as this is in a Superfund site. Mayor Thomas L. McLaughlin stated that this project is mutual cooperation at its best, that the agreement has been reviewed to assure reasonable work hours, that Woburn will be made whole, that part of Presidential Way has not been accepted but they are working in that direction, and that the issue with Presidential Way does not appear to be a major stumbling block to this project. OPPOSED: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that planning for this project has not included the business sector of the community, that this process began under the prior Mayor and is being continued by this Mayor, that no business in that area has been invited to the table, that Presidential Way is in good condition and will be torn up, that the city has not accepted Presidential Way, that National Development owns the right in the way, that this is being rushed through, that something must be done to help the businesses in the area also, that there will be an inconvenience from the Woburn Mall up to the Wilmington line, that many of the businesses operate twenty-four hours per day, and that there is a concern with breaking the membrane in the Superfund area. Steven Snyder, Sanmina Corporation stated that he is concerned with contingencies if the nonpermeable liner was to become breached, that he is concerned with that will be done if there is a motor vehicle accident in that area and the impact on the traffic, that the abutters should be notified by certified mail for all hearings or change orders, that he wants to know if there will be blasting, that he needs assurances of no disruption to their shipping and receiving, that businesses pay a fee for the maintenance of Presidential Way, and that he is concerned that this street would be maintained like others in the city. Paul Medeiros, 9 Marietta Street stated that he is concerned with any disruption of the geothermal layer in the Superfund site, that the people have a right to know the extent of the work, and that he is not opposed to providing access to Wilmington but he wants assurances that there will be no problems down the line for Woburn. Motion made and 2nd that the public hearing be closed, all in favor, 8-0-1 (Gonsalves absent). PUBLIC

HEARING CLOSED. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be

APPROVED. On the Main Motion, motion made and 2nd to add a condition as follows: 1.

1. That the town of Wilmington shall provide vibration monitoring in areas of construction with businesses deemed to be vibration sensitive businesses and that this shall be included in the bid specifications, all in favor, 8-0-1 (Gonsalves absent). On the Main Motion, motion made and 2nd to add a condition as follows: 2. That businesses in the area of construction shall be notified of the work schedule and the disruption that can affect the business, that this be done by individualized plan for each business and that notice be sent of this information to each business by certified mail, all in favor, 8-0-1 (Gonsalves absent). On the Main Motion, motion made and 2nd to add a condition as follows: 3. That Presidential Way be accepted as necessary to complete the project, 6 in favor, 2 opposed (Denaro, Dwyer opposed), 1 absent (Gonsalves absent). On the Main Motion to be Adopted, As Amended, all in favor, 8-0-1 (Gonsalves absent). Motion made and 2nd to return to the regular order of business, all in favor, 8-0-1 (Gonsalves absent). Motion made by Alderman Drapeau and 2nd to reconsider his vote on the Main Motion, all in favor, 8-0-1 (Gonsalves absent). Motion to strike Condition 3 and in its place insert the following: 3. That the grant of right in a way shall extend from Mishawum Road to Presidential Way, for that portion of Presidential Way which is accepted, and for the portion of Presidential Way that has not been accepted the town of Wilmington shall obtain easements from the landowners, all in favor, 8-0-1 (Gonsalves absent). Motion made and 2nd that the Main Motion be Adopted, As Further Amended, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 26, 2006

 

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On the petition by Verizon New England Inc. for a grant of right in a way to locate a line of wires, cables, poles, and fixtures, including the necessary anchors, guys and other sustaining and protecting fixtures, along and across Pento Road and to install at a point which is 157 feet +/- northerly of the driveway for 19 Pento Road a new sole-owned pole.

PUBLIC HEARING OPENED. The petitioner was not in attendance at the meeting. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 8-0-1 (Gonsalves absent). PUBLIC HEARING CLOSED. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED with recommendations of the Superintendent of Public Works adopted as conditions, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

 

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On the petition by Boston Edison Company and Verizon New England, Inc. for a grant of right in a way to install one joint occupancy pole and anchor guy and remove on existing anchor guy on the easterly side of Albany Street approximately 210 feet south of Erie Street. PUBLIC HEARING OPENED. Appearing for the petitioner was Jacqueline Duffy of NStar and she stated that this is necessary to provide electrical service to 28 Albany Street. IN FAVOR: None. OPPOSED: None. Motion and 2nd that the public hearing be closed, all in favor, 8-0-1 (Gonsalves absent). PUBLIC HEARING CLOSED. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED with recommendations of the Superintendent of Public Works adopted as conditions, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

 

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On the petition by Boston Edison Company and Verizon New England, Inc. for a grant of right in a way to install one hip guy and anchor on the westerly side of Willow Street approximately 84 feet south of Burlington Street. PUBLIC HEARING OPENED.

Appearing for the petitioner was Jacqueline Duffy of NStar and she stated that this is necessary to support existing facilities in the area. IN FAVOR: None. OPPOSED: None. Motion and 2nd that the public hearing be closed, all in favor, 8-0-1 (Gonsalves absent).

PUBLIC HEARING CLOSED. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED with recommendations of the Superintendent of Public Works adopted as conditions, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

 

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On the petition by Boston Edison Company and Verizon New England, Inc. for a grant of right in a way to install one joint occupancy pole on the easterly side of Hart Place at Curtis Road and to remove one joint occupancy pole on the northerly side of Curtis Road at Hart Place at Curtis Road. PUBLIC HEARING OPENED. Appearing for the petitioner was Jacqueline Duffy of NStar and she stated that the utility pole has already been set and it was in a dangerous condition, that the city had authorized the prior action, and that this is to confirm that action. IN FAVOR: None. OPPOSED: None. PUBLIC HEARING CLOSED. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

 

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On the petition by SAI Enterprises, Inc. dba Quiznos, 35 Corporate Drive, Burlington, Massachusetts 01803 for a special permit pursuant to Section 5.1.29 of the 1985 Woburn Zoning Ordinances, as amended to allow for a fast food restaurant at 36 Commerce Way.

PUBLIC HEARING OPENED. A communication dated June 27, 2006 from John E. Corey, Jr., PE, City Engineer to Edmund P. Tarallo, Planning Director as follows:

 

Subject:  36 Commerce Way – Quizno’s Sub Shop – Special Permit; Special Permit application dated May 12, 2006; Plans dated May 12, 2006; Development Impact Statement Dated June 27, 2006

 

This office has reviewed the supplemental information for the above referenced location and offers the following comments:

 

The applicant has submitted a site development impact statement addressing all of our concerns relative to utilities and traffic mitigation. These items were noted in our memorandum dated June 12, 2006. Included in this statement was a sewer inflow/infiltration calculation as per Section 13 of the Woburn Zoning Ordinance. The calculated amount of $3.080.00 was based on water usage. This fee is due at the time of obtaining a building permit.

 

Also received by email was a construction cost estimate indicating a total project cost of

$84,000.00. We believe it is appropriate to request mitigation funds pursuant to Section 18 of the zoning by law to be allocated towards general traffic improvements in Ward 5. Based on the estimated construction cost, the mitigation fee would be $2,520.00.

 

The writer and Ed Tarallo made a site inspection and based on the materials submitted and first hand site observations, the engineering department has no issue with the project as proposed.

 

We trust the foregoing information suffices for your needs. Should you or the Board have any questions concerning this information, please do not hesitate to contact this office.

 

A communication dated July 6, 2006 was received from Edmund P. Tarallo, Planning Director as follows:

 

Re: SAI Enterprises, Inc. dba Quiznos – 36 Commerce Way – To allow for a fast food restaurant (Quiznos)

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on June 27, 2006, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request to allow a fast food restaurant (Quiznos) at 36 Commerce Way with the following conditions:

 

  1. That the petitioner shall pay at the time of obtaining a building permit a sewer inflow/infiltration fee in the amount of $3,080.00 and a traffic mitigation amount of $2,250.00.
  2. That the four parking spaces located on the left side of the rear of the building shall be eliminated.
  3. That handicapped access and parking shall be provided in accordance with the ADA requirements.
  4. That the petitioner shall submit to the Planning Board a landscaping Plan for their approval and the Board shall retain jurisdiction over the landscaping plan.

 

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 report was received from the Committee on Special Permits as follows: “ought to pass with the following conditions: 1. That the dumpster be screened, covered and fenced, 2. That the special permit is for Quiznos only and is not transferable, 3. That no drive-thru service shall be allowed at the locus, and 4. That the recommendations of the Planning Board be adopted.” Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that a full presentation was made at the June 20, 2006 public hearing, that the matter has been reviewed by the Committee on Special Permits and that he has nothing further to add. IN FAVOR: None. OPPOSED: None. Motion made and 2nd to close the public hearing, all

in favor, 8-0-1 (Gonsalves absent). PUBLIC HEARING CLOSED. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, all in favor, 8-0-1 (Gonsalves absent). Motion by Alderman Denaro to reconsider the vote to grant the special permit having been 2nd, all in favor, 8-0-1 (Gonsalves absent). Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the recommendations of the Committee on Special Permits adopted as conditions of the special permit, all in favor, 8-0-1 (Gonsalves absent).

 

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On the petition by Yannian Ji, 7 Blake Road, Braintree, Massachusetts 02184 for a special permit pursuant to Section 5.1.33b of the 1985 Woburn Zoning Ordinances, as amended, to allow muscular therapy at 340 Washington Street aka 400 Cummings Park. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney James Mawn, Mawn and Mawn, 215 Lexington Street, Woburn, Massachusetts 01801 and he stated that the petitioner is willing to accept a condition that only certified therapists be employed by him, that he also will provide a list of referral services who he will be working with, that the petitioner is not licensed, that the petitioner has practiced in China and intends to become licensed here, that the recent statute regarding massage therapists does not run contrary to this petition, that the petitioner understands that his employees will have to be licensed, and that it is difficult to provide a list of employees as he has not hired anyone as of this time although a list of candidates for the positions can be provided. Attorney Mawn offered documents to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 80-1 (Gonsalves absent). Alderman Gately stated that there was a recent statute adopted that requires massage therapists to be licensed, that there were questions at the prior public hearing relative to the petitioner not being licensed, having no clients and having no employees which was a concern, and that he asks that the petitioner check with the Board of Health as to any requirements they may have. Alderman Dwyer stated that there were a number of questions that were unanswered at the prior public hearing and remain unanswered at this time, that he understands that the petitioner is already paying rent at the location, and that he is sensitive to that situation. Alderman Denaro stated that this presentation provides some answers although there are still issues outstanding, and that if it can be demonstrated that this will be a good medical massage therapy business then he can support this. Alderman Mercer-Bruen stated that a list of the certified massage therapists who are to be employed by the petitioner will be needed. Alderman Drapeau stated that he is concerned that the petitioner wants to operate a massage therapy business however he does not have a license. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be continued to the Regular Meeting of the City Council on August 15, 2006 and that the matter be referred to the Committee on Special Permits for further review, all in favor, 8-0-1 (Gonsalves absent).

 

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Alderman Galvin recused himself from participating in the next two matters and left the Council Chambers.

 

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On the petition by Horn Pond Plaza LLC, c/o Gravestar, Inc., One Broadway, Cambridge, Massachusetts 02142 for a special permit to further modify a special permit granted on December 9, 2004 and which was further modified on June 30, 2005, such further modifications pursuant to Section 5.1.23, Section 5.1.69, Section 7.3, Section 8.2.5, Section 8.6.3, Section 11, Section 13.5 and Section 15 of the 1985 Woburn Zoning Ordinances, as amended, to allow modifications to the existing landscaping, portions of the parking areas, the installation of an outdoor plaza area, pedestrian walkways, outdoor eating area, alteration of the existing nonconforming pylon sign, addition of blade/directional signage under the existing canopy area, and to allow for 677 parking spaces all as shown on the plans filed herewith at 350 Cambridge Road. PUBLIC HEARING OPENED. A copy of a communication dated June 27, 2006 from John E. Corey, PE, City Engineer, to Edmund Tarallo, Planning Director and City Council was as follows:

 

Subject: 350 Cambridge Road – Site Plan Revisions – Special Permit – Materials Submitted: Traffic Study Update, dated May 26, 2006; Site Development Plans, dated May 12, 2006; Special Permit Application, dated received May 15, 2006

 

On Monday June 26, the writer, Ed Tarallo, Chief Mahoney and Chief Tortolano made a site inspection of the above referenced parcel for the purposes of reviewing access and egress from the site and access of safety vehicles.

 

Observations were made of traffic entering the plaza from Cambridge Road. Approximately 1/3 of the vehicles entering entered through the curb cut for Starbucks and crossed the stripped parking area to save time. This makes for an unsafe access and the applicant may be better served to remove this access altogether and establish additional parking in this area.

 

The fire chief noted that there should be a no parking zone at the front of the Starbucks building for an ambulance access. The fire truck has access from the northerly side of the building.

 

Lane markings throughout the plaza are substandard and at a minimum, a yellow stripped center line should be marked along the main corridor to establish minimum 12 foot wide lanes with direction arrows.

 

The plaza exit has insufficient turning radius and it would appear that there is an opportunity to add a slip lane for better traffic merging. A temporary sign at the exit impedes sight distance and should be removed. This work would require MassHighway approval. Improved signage on Cambridge Road indicating exiting vehicles would improve safety as well.

 

The writer met with Michael Doherty on June 27, 2006 to review the above observations.

The writer also obtained an estimated construction cost for the Bear Rock Café proposal.

 

I trust the foregoing information suffices for your current needs.

 

A communication dated July 18, 2006 was received from John E. Corey, Jr., PE, City Engineer as follows:

 

Subject: 350 Cambridge Road – Site Plan Revisions – Special Permit Materials Submitted: Traffic Study Update, dated May 26, 2006; Site Development Plans, dated May 12, 2006; Special Permit Application, dated received May 15, 2006; Revised Site Plan, received July 13, 2006

                                     

The engineering department has reviewed the latest revisions to the site plan that deal with access and safety issues discussed in our memorandum of June 27, 2006.

 

The engineering department is satisfied with the revisions shown in that they address the access issues at both the entrance and exit and provide appropriate lane markings throughout the parking areas.

 

I trust the foregoing information suffices for your current needs.

 

A communication dated July 6, 2006 was received from Edmund P. Tarallo, Planning Director, as follows:

 

Re: Horn Pond Plaza LLC, Gravestar – 350 Cambridge Road – Modifications to previous plan May 12, 2006

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on June 27, 2006, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request to modify previously approved Special Permits for the property at 350 Cambridge Road with the following conditions:

 

  1. That the curb cut entrance to Starbuck’s at the Cambridge Road entrance shall be closed and parking shall be provided in that area.
  2. That the main 24’ aisle between around Whole Foods from the Cambridge Road entry and around the front of the building shall be marked with a yellow striped center line to establish minimum 12 foot wide lanes with direction arrows.
  3. That a no parking zone shall be established at the front of the Starbucks building for an ambulance access.
  4. That adequate fire truck access from the northerly side of the building shall be provided to the satisfaction of the Fire Chief.
  5. That the plaza exit be widened to provide sufficient turning radius and a slip lane for better traffic merging subject to Mass Highway approval.
  6. A temporary sign at the exit which impedes sight distance and shall be removed.
  7. That improved signage on Cambridge Road indicating exiting vehicles shall be provided.
  8. Signage within the lot shall be provided to better direct traffic flow subject to the approval of the Traffic Commission.

 

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 report was received from the Committee on Special Permits as follows: “ought to pass with the conditions as follows: “1. That the dumpster be screened, covered and fenced, and 2. That the recommendations of the Planning Board be adopted.” Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that a full presentation was made at the June 20, 2006 public hearing, that the matter has been reviewed by the Committee on Special Permits and that he has nothing further to add. IN FAVOR: None. OPPOSED: None.

Motion made and 2nd that the public hearing be closed, all in favor, 7 in favor, 0 opposed,

1 absent (Gonsalves absent), 1 abstained (Galvin abstained). PUBLIC HEARING

CLOSED. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the recommendations of the Committee on Special Permits adopted as conditions of the special permit, all in favor, 7 in favor, 0 opposed, 1 absent (Gonsalves absent), 1 abstained (Galvin abstained).

 

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On the petition by Union Ventures LLC dba Bear Rock Café, 26 Walkers Brook Drive,

Reading, Massachusetts for a special permit pursuant to Section 5.1.29, Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a fast food restaurant and building signage at 350 Cambridge as shown on the plans filed herewith at 350

Cambridge Road. PUBLIC HEARING OPENED. A copy of a communication dated June 27, 2006 from Brett F. Gonsalves, Senior Engineer to Edmund Tarallo, Planning Director as follows:

 

A copy of a communication dated June 27, 2006 to Edmund Tarallo, Planning Director to Brett F. Gonsalves, Senior Engineer was received as follows:

 

Subject: 350 Cambridge Road – Bear Rock Café Special Permit; Special Permit Application dated may 15, 2006; Development Impact Statement dated June 21,

2006; Previous memo dated May 12, 2006; Construction Cost Estimate dated June 26, 2006

 

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

 

The applicant has submitted a development impact statement as per Section 18 of the Woburn Zoning Code. The statement outlines what the proposed demands on the sire utilities. It appears from the report that there is sufficient capacity to support the proposed restaurant and there are provisions for an internal grease trap as per the Woburn Plumbing Inspector.

 

The applicant has submitted a construction cost estimate of $95,267.00. As per section 18 of the mitigation ordinance, 3% of the project cost equates to $2,858.01 and will be allocated for general traffic improvements in ward 7.

 

The report does not have a sewer inflow/infiltration calculation fee for the proposed fast food restaurant based on title IV. This calculation can be submitted with the building permit application.

 

This office takes no further exception to the special permit application or supplemental information as submitted.

 

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

 

A communication dated July 6, 2006 was received from Edmund Tarallo, Planning Director as follows:

 

Re: Union Ventures – 350 Cambridge Road – To allow for fast food restaurant, Bear Rock Café

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on June 27, 2006, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request to allow for a fast food restaurant, Bear Rock Café, at 350 Cambridge Road with the following conditions:

 

  1. That the curb cut entrance to Starbuck’s at the Cambridge Road entrance shall be closed and parking shall be provided in that area.
  2. That the main 24’ aisle between around Whole Foods from the Cambridge Road entry and around the front of the building shall be marked with a yellow striped center line to establish minimum 12 foot wide lanes with direction arrows.
  3. That a no parking zone shall be established at the front of the Starbucks building for an ambulance access.
  4. That adequate fire truck access from the northerly side of the building shall be provided to the satisfaction of the Fire Chief.
  5. That the plaza exit be widened to provide sufficient turning radius and a slip lane for better traffic merging subject to Mass Highway approval.
  6. A temporary sign at the exit which impedes sight distance and shall be removed.
  7. That improved signage on Cambridge Road indicating exiting vehicles shall be provided.
  8. Signage within the lot shall be provided to better direct traffic flow subject to the approval of the Traffic Commission.
  9. That in accordance with the mitigation ordinance $2,858.01 shall be allocated for traffic improvements.
  10. That the sewer inflow/infiltration calculation fee shall be required at the time of building permit application.

 

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 report was received from the Committee on Special Permits as follows: “ought to pass with the conditions as follows: “1. That the dumpster be screened, covered and fenced, 2. That the special permit is for Union Ventures LLC dba Bear Rock Café only and is not transferable, and 3. That the recommendations of the Planning Board be adopted.”

Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that a full presentation was made at the June 20, 2006 public hearing, that the matter has been reviewed by the Committee on Special Permits and that he has nothing further to add. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 7 in favor, 0 opposed, 1 absent (Gonsalves absent), 1 abstained (Galvin abstained).

PUBLIC HEARING CLOSED. Motion made and 2nd that the SPECIAL PERMIT be

GRANTED, AS AMENDED, with the recommendations of the Committee on Special Permits adopted as conditions of the special permit, all in favor, 7 in favor, 0 opposed, 1 absent (Gonsalves absent), 1 abstained (Galvin abstained).

 

************************* Alderman Galvin returned to the Council Chambers.

 

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On the petition by E.C. Inc. dba XPress Fuel, 505 Main Street, Woburn, Massachusetts 01801 for a special permit for the operation of a self service gas station pursuant to Section 5.1.46b of the 1985 Woburn Zoning Ordinances, as amended at 505 Main Street. PUBLIC HEARING OPENED. A communication dated July 7, 2006 was received from Edmund P. Tarallo, Planning Director as follows:

 

Re: E.C. Inc. dba Express Fuel – 505 Main Street – To operate self service gas station

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on June 27, 2006, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request to allow for the operation of a self service gas station at 505 Main Street with the following conditions:

 

  1. That if the existing water and/or sewer services are not used that they cut and capped at the main and the water line shall also be removed;
  2. That a drainage mitigation plan be provided to and approved by the City Engineer that provides drainage mitigation that improves and minimizes the site’s runoff into the street;
  3. That the Planning Board shall review and approve a landscape plan for the site;
  4. That the Planning Board shall retain jurisdiction over the landscaping;
  5. That the convenience store shall be limited to 3,500 s.f; and
  6. That the petitioner shall be required to install a crosswalk on Main Street in a location determined by the Traffic Commission at the petitioner’s expense.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

A communication dated July 1, 2006 was received from John E. Corey, Jr., PE, City Engineer as follows:

 

Subject: 505 Main Street – Self Service Gas Station Special Permit – Special Permit Application Dated 5/21/06

 

This office has reviewed the submitted plans for the above referenced location and offers the following comments.

 

Water

The site plan C-3 shows a new 1½” water service for the proposed building and reusing the existing service box for the site to which the office takes no exception to. Any water service connections that will not be reused will need to be cut and capped at the water main in the street and the respective notation made on the plans. If the existing street service is less than 1½” the applicant will have to install a new service connection to the main. The applicant should verify that the existing service is 1½” or larger. The existing water meter is to be replaced in accordance with the requirements of the water department and the plumbing inspector.

 

Sewer

The plan shows a proposed 6” PVC sewer line to service the new building to which this office takes no exception too. However there is no indication of an existing sewer service for this site. The existing sewer line, if not reused will need to be cut and capped at its main in the street with a notation shown on the plans. The size and condition of the existing sewer service should be verified.

 

Drain

The applicants engineer has submitted drainage calculations for this project and finds that their analysis only referenced a 25 year storm event for pre and post development conditions. The analysis shows a slight reduction for the 25 year storm event. We request that the engineer submit calculations for the 10 and 100 year storms for our review.

 

Traffic

The applicant’s attorney stated in a memo dated August 23, 2005 the City Council that the applicant is proposing an office and convenient store that is by right in the BD zoning district and the special permit application is for the self serve gas station portion, The parking configuration on this site shows isle widths ranging from 20 to 22 feet wide which can make vehicle turning movements difficult at best. Isle width should be a minimum of 24 feet in width. Has the applicant consulted the fire department for emergency apparatus turning movements?

 

As part of the special permit review processes for this site and per section 19.2 of the Woburn Zoning Ordinance a traffic report outlining the trip generations for the proposed uses, along with the potential impacts of these traffic increases should be submitted to this office for review.

 

Miscellaneous

Sheet C-2, Layout and Materials Plan show areas around the site that have designated snow storage areas. The island located at the intersection of Main Street and Harlow Court shows an area designated for snow storage. This area could have visibility problems when snow is stored there. An alternate location should be chosen for snow storage and if no suitable location is available then alternate methods of removal may need to be considered.

 

Mitigation

The engineering department believes that the multiple site uses and type would warrant mitigation if negative impacts result from traffic entering and leaving the site. No assessment can be made without the requested traffic study.

 

We trust the foregoing information suffices for your current needs. Should you have any questions concerning this information, do not hesitate to contact this office.

 

Appearing for the petitioner was Attorney Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 08101 and he stated that the property is owned by William Scire and Penny Scire and the business is operated by David Rizke, that his location has two gasoline pumps, that there will be a new building, that the by right uses have been detailed in the plans for reference, that the petition is for the self-service gasoline use, that there are three lots, that one contains a two family residence, that one contains the garage and that one contains a parking area, that the new building will have a 3,500 square office on the second floor, that they will eliminate the repair business, that there will be curb installed on Harlow Court with two curb cuts on Main Street and two curb cuts on Harlow Court, that they will retain the permit to sell used cars, and that there will be six to eight employees. David Rizke stated that the hours of operation are currently 6:00 a.m. to 10:00 p.m., that he proposes hours of operation to be 5:00 a.m. to 11:00 p.m. Monday through Saturday and 7:00 a.m. to 9:00 p.m. on Sunday, that there will be no repair facility, and that the license to sell used cars is for five vehicles. IN FAVOR: None. OPPOSED: Joyce Patel stated that she opposed this petition as it will harm her store, that there are several convenience stores in the area, that the 7-11 convenience store is open twenty-four hours a day, and that there is an issue with parking in the area. Motion made and 2nd that the public hearing be closed, all in favor, 8-0-1 (Gonsalves absent). PUBLIC HEARING CLOSED. 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 hours of operation shall be 5:00 a.m. to 11:00 p.m. Monday through Saturday and 7:00 a.m. to 9:00 p.m. Sundays for both the gasoline station and the convenience store, all in favor, 8-0-1 (Gonsalves absent).

 

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On the petition by Nextel Communications of the Mid-Atlantic, Inc., P.O. Box 614, Stowe, Vermont 05672 for a special permit to install a total of twelve antenna on the existing rooftop with eight antenna flush mounted to the penthouse at an elevation of 61 feet 7 inches above ground and four antenna ballast mounted in the rear of the building at an elevation of 57 feet 10 inches, cables and cable tray, a 12 foot by 20 foot equipment shelter located on the roof of the building and two GPS antennas located on the roof of the shelter, at 304 Cambridge Road. PUBLIC HEARING OPENED. A communication dated July 6, 2006 was received from Edmund P. Tarallo, Planning Director as follows;

 

Re: Nextel Communications – 304 Cambridge Road – To construct 12 antennas on the existing roof top of the Country Club Professional Building Trust building, 8 flush mounted to the penthouse and 4 ballast mounted in the rear of the building, and to construct a 12’ x 20’ equipment shelter on the existing roof top with 2 GPS antennas located on the rood of the proposed shelter

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on June 27, 2006, the board voted to forward a favorable recommendation to the City Council on the Special Permit request to allow for the construction of 12 antennas on the existing roof top of the Country Club Professional Building Trust building, 8 flush mounted to the penthouse and 4 ballast mounted in the rear of the building, and to construct a 12’ x 20’ equipment shelter on the existing roof top with 2 GPS antennas located on the roof of the proposed shelter at 304 Cambridge Road with the following conditions:

 

  1. The antennas shall be painted to match existing masonry façade of the building; and
  2. The equipment shelter shall be 12’ x 20’ and shall not exceed the height of the existing penthouse.

 

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 Joshua Delman and he stated that he is an agent of the petitioner, that the petitioner is licensed to provide wireless service, that the petitioner is mandated to provide an adequate level of service for its customers, that the locus is located in an area of degraded service, that there is a coverage gap along Cambridge Road, that the twelve antennas will be painted to match the façade, that the shelter on the roof will not exceed the height of the penthouse on the building, and that based on the technology there is no duplication of coverage. IN FAVOR: None. OPPOSED: Kathy Fitzmaurice, 273 Cambridge Road stated that she has a direct view of the locus building from her homes and that she is concerned that this will become an antenna farm. Motion made and 2nd that the public hearing be closed, all in favor, 8-0-1 (Gonsalves absent).

PUBLIC HEARING CLOSED. 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, all in favor, 8-0-1 (Gonsalves absent).

 

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On the petition by Kathy Wilson, 561 Washington Street, South Attleboro, Massachusetts for a special permit pursuant to Section 7 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the location of a psychic studio at 238 Lexington Street. PUBLIC HEARING OPENED. A copy of a communication dated June 26, 2006 from Brett F. Gonsalves, Senior Engineer to Edmund Tarallo, Planning Director was follows:

 

Subject: 238 Lexington Street – Psychic Studio Special Permit – Special Permit Application dated May 5, 2006

 

This office has reviewed the special permit application for the above referenced location and finds that there are no site or utility improvements being proposed. We have reviewed the supplied parking layout and have no issues with the configuration. 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 July 7, 2006 was received from Edmund P. Tarallo, Planning Director as follows:

 

Re: Kathy Wilson – 238 Lexington Street – To occupy existing con-conforming building for a “psychic studio”

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on June 27, 2006, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request to occupy an existing non-conforming building for a “psychic studio” at 238 Lexington Street with the following condition:

 

1. That the petitioner shall provide a revised parking plan such that no space will have to back onto Lexington Street and all spaces shall be in compliance with the Woburn Zoning Ordinance.

 

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

 

Sincerely, Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Sonny Lane of 561 Washington Street, South Attleboro, Massachusetts and he stated that they have been pursuing this matter since April, that they have been before the License Commission and that the commission conducted a site visit, that the property is in the R-1 zoning district, that prior uses of the building have been all business uses including a barber shop in the 1940s, another barber shop in the 1960s, a special permit was granted in 1994 for a florist shop and the sale of Christmas trees, a gift shop and then a wireless telephone provider, that the building have never been used for anything but a business, that there is a bathroom, that he is not aware of the rules for handicapped accessibility, that a psychic studio is not like adult uses, and that the B-H zoning district runs off the back of the property. Alderman Denaro stated that the site is as much a school site as any in the city, that it sits right at a school although it faces Lexington Street, that he cannot support a psychic studio next to an elementary school, that there is no handicapped accessibility in the building, and that toilet facilities in the building are an issue. Alderman Galvin stated that this is not an allowed use in the city, and that if the use is not reflected in the table of uses then it is not an allowed use.                                            IN FAVOR: Bryan Melanson, 60 Glenwood Avenue stated that the petitioner was in business on Salem Street for a long time, that they are honest and honorable business people, that this proposal is an extension of a non-conforming use, that there is a bathroom facility in the building, that the florist business was a more intense use however there was never a problem, that this can be classified as a consulting business, that this is a discreet business, that there is a psychic operating in Winchester center, that the business is conducted by appointment, that this is a very low key use, that he resides in the area and is not concerned with the use, that he disagrees that if a specific use is not stated in the table of uses then it is not allowed as this use could be described in other sections of the zoning code as consulting. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE

CITY COUNCIL ON AUGUST 15, 2006 and that the matter be referred to the

Committee on Special Permits for review, all in favor, 8-0-1 (Gonsalves absent). Motion made and 2nd that a legal opinion be requested from the City Solicitor as to the legality of psychic services as an allowed use under the zoning ordinances, all in favor, 8-0-1 (Gonsalves absent).

 

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On the petition by Woodco Realty, LLC, 22A North Maple Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Sections 42, 45, 57b and 7.3 of the 1985 Woburn Zoning Ordinances, as amended, so as to construct an addition of approximately 5,000 square feet for the sale, rental, repair and storage of construction equipment, in connection with and similar to existing use of the premises by Woodco Machinery Co. at 22A North Maple Street. PUBLIC HEARING OPENED. A copy of a communication dated June 27, 2006 from Brett F. Gonsalves, Senior Engineer to Edmund Tarallo, Planning Director was received as follows:

 

Subject: 22A North Maple Street – 5,000 sf Addition Special Permit – Special Permit Application dated June 19, 20060

 

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

 

Utilities

 

The site plans shows the existing building with utilities servicing the building. The proposed addition does not appear to have any proposed services to this building. There plan does not show if there are any proposed floor drains being provided for the interior of the addition and if any oil water separators are required. If these items are required, the oil water separator should be shown.

 

The applicant should review the proposed roof leader configuration around the building with the plumbing inspector to see if it conforms to the plumbing code.

 

Has any deep hole inspections and infiltration testing been performed to determine site soil conditions and if there is sufficient percolation rate to support the leaching basins?

 

Parking

 

Sheet C-1 shows the proposed handicap parking spaces very close to the property line and abutting Suffolk Street which is a private way. The applicant should verify if the planning board has any issues associated with these spaces being close to the property line and having to exit and enter from the private way to access these spaces.

 

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

 

A communication dated July 7, 2006 was received from Edmund P. Tarallo, Planning Director as follows:

 

Re: Woodco Realty, LLC – 22A North Maple Street – To construct a 5,000 S.F. addition for the sale, rental, and storage of construction equipment

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on June 27, 2006, the Board voted to forward a favorable recommendation to the City Council  on the Special Permit request to construct a 5,000 S.F. addition for the sale, rental, and storage of construction equipment at 22A North Maple Street with the following conditions:

 

  1. That the petitioner shall resolve all utility issues outlined in the Engineering memo dated June 27, 2006 prior to building permit; and
  2. That the Planning Board shall review and approve a parking plan that complies with Woburn Zoning Ordinances prior to building permit.

 

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

 

Sincerely, Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Joe Miliako, Allen & Major Associates, 100 Commerce Way, Woburn, Massachusetts 01801 and he stated that the property is 1½ acres, that the locus is in the I-P zoning district, that the use will be similar to current uses at the property, that they will remove twelve inches of gravel and replace it with crushed stone, that all work will be conducted outside the buffer zones, that they have been before the Conservation Commission, and that any new utilities will be connected through the current building. Alderman Ciriello stated that he has met with the petitioner and that they have been responsive to neighborhood concerns. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, 10 Tower Office Park, Woburn stated that he is in favor of the petition, that the petitioner has been located in Woburn for ten years, that there are 22 employees, that they participate in various community activities, and that this is a good company. OPPOSED: None. PUBLIC HEARING CLOSED. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with

the conditions as follows: 1. That signs shall be installed at all exits instructing truck drivers to use New Boston Street rather than Merrimac Street, 2. That the parking lot shall be sealcoated and striped, 3. That new slats shall be installed in the existing chainlink fence, 4. That the recommendations of the Planning Board be adopted as conditions of the special permit, 5. That the City Engineer approve the new site plan, all in favor, 8-0-1 (Gonsalves absent).

 

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On the petition by ten residents and taxpayers to amend the 1985 Woburn Zoning

Ordinances, as amended, by establishing a new Section 21 entitled Mishawum Station Transit Oriented Development Overlay District and to amend the Zoning Map of the City of Woburn by establishing an overlay district for a certain parcel of land shown on a plan filed herewith entitled “Mishawum Station, Woburn, MA, Prepared by: Allen & Major Associates, Inc., dated May 4, 2006” known as the Mishawum Station Transit Oriented Development Overlay District as set forth in the petition. PUBLIC HEARING OPENED.

Appearing for the petitioner was Attorney James Mawn, Mawn and Mawn, 215

Lexington Street, Woburn, Massachusetts 01801 and offered documents to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 8-0-1 (Gonsalves absent). Attorney Mawn stated that Northern Bank will relocate its headquarters to this building, that the project will include office space and residential housing units, that there will be 50,000 square feet of office space, four 5-story buildings with residential units and a “kiss and ride” transportation terminal, that there will be below grade parking, that there will be shade trees, lawns and ornamental plantings, that there will be a brick façade, that two special permits will be required with one for the office use and one for the residential use, that the prior petition for a similar use at this location had eleven buildings while this proposal is for five buildings, that the prior petition would have eliminated the setback while this petition eliminates no setbacks and some of the setbacks are five times greater than is required except for one section of building having a 33 foot setback from a way, that this petition will eliminate a sea of neglected pavement, that the office market is experiencing a 20% vacancy rate however the petitioner will deliver a marquee building for the city which is possible with this comprehensive plan, that there will be approximately $1,000,000.00 in mitigation funds, that further review by the City Council of this petition is likely and the neighbors will be involved in this process, that the purpose of the last petition was to promote a residential use of the property, that the purpose of this petition is to promote a mixed use development of the property, that the City Council maintains ultimate control through the special permit process, that there has been resistance to a 40R project in the city and in some other communities, and that in order to go back to the MBTA to have the transportation station to open will require at least 210 residential units. Alderman Cireillo stated that the prior plan for this property was not in the best interest of the North Woburn area of the city, that the petitioners maintain their present properties well, that it is time for North Woburn to benefit from a good project, that this has more open space than the prior proposal, and that he is looking forward to moving ahead with this project but the one concern will be traffic. Alderman Denaro stated that the prior proposal was not handled well, that this project looks good on paper, and that clear line of sight distances at the intersection is an issue. Alderman Galvin stated that this and the prior proposal have a residential use by right and that this project will require more review. Alderman Mercer-Bruen stated that she is glad that not all of the project is office use as the city’s infrastructure cannot handle that and that she is glad that the bank will locate in the office building. Alderman Dwyer stated that traffic is an issue and that the impact on the neighborhood is an issue. IN FAVOR: John Beauchamp, 2 Ryan Road stated that this proposal is an improvement over the last proposal for this parcel of land, that the mitigation should be used to improve that area of the city and not be used in other areas of the city, that he would like to see where the improvements will be made, and that a pedestrian bridge to the Woburn Mall would be beneficial. James Mawn stated that he has been associated with Northern Bank for the last 46 years, that any representations made about this project are what will be done, that the property will be maintained, that there is no intention to sell the bank, that it is the only hometown bank that started in Woburn, and that the bank continues to operate. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON AUGUST 15, 2006 and that the matter be referred to the Committee on Ordinances for further review, all in favor, 8-0-1 (Gonsalves absent).

 

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On the petition by MVP Sports, Inc., dba Decathalon USA, 325 Ballardvale Street,

Wilmington, Massachusetts 01887-1012 for amendment to the Zoning Map of the City of Woburn by changing the zoning district designation for the public portion of Tower Park Drive and 369 Washington Street as shown on the map filed herewith from O-P to B-I.

PUBLIC HEARING OPENED. 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 12.6 acres of land, that in 1960 W.R. Grace and Co. finished construction of a building used for assembling and distributing stainless steel equipment, that prior to that the locus was used for farmland, that in 1970 a warehouse was constructed, that manufacturing continued at the locus until 1987, that in the late 1970s an Environmental Protection Agency (EPA) investigation identified that property as a source of contamination in a Super Fund site, that a groundwater extraction and treatment system was completed in 1992, that the petitioner has entered a long-term ground lease with W.R. Grace and Co. for a retail and office use, that the demolition at the site had been planned by W.R. Grace and Co., that they will demolish the existing building and foundations with EPA oversight, that there will be some soil investigations conducted, the W.R. Grace has satisfied EPA concerns with respect to the demolition project and are permitted to proceed, that the process is being monitored by the EPA, that this petition is to change the zoning district for the property from O-P to B-I, that the petition is to rezone the 12.6 acres of property as well as the public portion of Tower Park Drive, that the benefits of the proposal is the elimination of the stigma of the W.R. Grace and Co. building, less off peak traffic, increased tax revenue, mitigation for roadway improvements and the creation of a viable use on the property, that if the rezoning is approved the petitioner will seek a special permit for a Decathlon store and office space in the mezzanine, that there is an initial lease term of 20 years with options to extend the lease, that W.R. Grace and Co. is responsible for clean-up of the property, that this responsibility will not end when Decathlon comes to the property, that a covenant running with the land could provide the city with some protection, that there will be greenspace, that 250,000 square feet of office space could be constructed at the site, that it is common for retailers to enter ground leases, that Decathlon is an operator and assumes liability for environmental conditions on the property although there can be some protection negotiated for the tenant, that the Wells G&H study indicated that retail on Washington Street was not acceptable because of traffic but this project improves the traffic, that this petition is moving a zoning line which is contiguous to the petitioner’s property, that this is not a situation of spot zoning, that neither an office nor a warehouse developer will put up the kind of mitigation money that a retail use will, that Decathlon is part of the second largest company in France with close to 400 stores in Europe, and that Decathlon will be developing more stores in the United States. Attorney Tarby offered documents to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 8-0-1 (Gonsalves absent). David Beckwith, Project Engineer with Carter Burgess, stated that the criteria set by the city for this project have been met, that the project meets setback and parking requirements, that the proposal will replace two buildings with one building, that the driveway will be relocated to eliminate conflict with Dewey Street, that there will be access for the fire department, that at most there will be two truck deliveries per day to the site, and that products are replaced daily. Art Scarneo, Senior Vice President with GPI, stated that a traffic impact and access study of the project has been completed, that all widening will be done on the commercial side of the street, that this use generates less traffic than a straight retail use, that the level of service F will go to level of service D or better, that the proposed mitigation traffic improvements were reviewed by MassHighway in compliance with State standards and VHB who are traffic experts, that the improvements will increase capacity and eliminate the queuing of vehicles, that empirical data was used, and that the data was collected from six sites. Lynn Means, Traffic Engineer with GPI, stated that there will be a widening of the south bound approach at Tower Office Park Drive which will improve safety and capacity, that Tower Office Park Drive will be widened which will improve capacity, that there will be a widening of Washington Street northbound to create a left turn lane to increase capacity, and that there will be a new signal at the intersection interconnected with the other six signals along the corridor. Alderman Mercer-Bruen stated that she is concerned with granting a zoning change and then having Decathlon decide not to move forward with the project, that she is concerned with retail traffic in the area, and that she wants mitigation work completed rather than merely receiving mitigation money. Alderman Mercer-Bruen offered copies of documents to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 8-0-1 (Gonsalves absent). IN FAVOR: Tom O’Brien, 4 Mill Terrace stated that he is in favor of the petition, and that this is one of the few businesses in the area that is offering to improve traffic. Paul Meaney, Executive Director, Woburn Business Association, 10 Tower Office Park stated that he is in favor of the petition, that this is a good company, that the company will be good for the city, that the locus has been in poor condition for many years, and that the good points of this project outweigh the negative. John Turner, 13 Utica Street stated that he is in favor of the petition and that it aesthetically will improve the area. Deborah Davis, 61 Richard Circle stated that the building currently at the locus is an eyesore, that this looks like a good plan, that the traffic improvements will be beneficial, and that this is a good addition for that area of the city. John Casey, 378 Washington Street stated that he is in favor of the project, that the mitigation being offered with improve the traffic, and that the alternative by-right uses may not provide the same amount of mitigation. Al Nelson, 40 Richard Circle stated that this is an opportunity to improve traffic in the area. Marion Murphy, 111 Washington Street stated that she is in favor of the project, that the W.R.

Grace issue was in the past, and that this project is for the future. Bob Murphy, 8 Utica Street stated that he cannot see the objections to this project. John Beauchamp, 2 Ryan Road stated that the petitioner is offering $2,300,000.00 in mitigation, that if the city waits then the cost of these improvements will only increase, and that his project will provide employment for teens. A letter in support of the project from John Morrison was received. Motion made and 2nd that the document be received and made part of the record, all in favor, 8-0-1 (Gonsalves absent). OPPOSED: Ted Rose stated that he is opposed to the project, that he lives in the neighborhood, that the project is not good for the area, that to put a seven day a week twelve hour per day operation at that junction will make the situation worse, that there is no guarantee that Decathlon will stay in that location, that this project will add to the problems, and that it will create more turmoil and chaos in the area. Paul Medeiros, 9 Marietta Street stated that the retail use will eliminate the present condition of decreased traffic in the area on the weekends, that retail is not an appropriate use for that corridor, and that this would be rewarding a bad corporate citizen namely W.R. Grace and Co. by increasing the value of the property. Mr.

Medeiros offered a petition in opposition to the proposal to the City Council for review.

Motion made and 2nd that the document be received and made part of the record, all in favor, 8-0-1 (Gonsalves absent). Lori Medeiros, 9 Marietta Street stated that she is opposed to the rezoning of the property and the impact on the 39 homes in the area, that this will act as a domino affect which will act a an impetus for other landowners to seek such zoning changes, that this establishes precedence, that the City Council must protect the residents, and that this is a big box retail use. Kathy Bailey, 4 Utica Street stated that she is opposed to the proposal because of the impact on 39 residences in the neighborhood, that Decathlon could leave the site and leave the property zoned for retail use, that the Cummings Park could request this zoning for its buildings, and this will create a twelve hour per day seven day per week use. Steven Spanos, 270 Washington Street stated that he is opposed to the petition, that this may improve the traffic in front of the locus but it will not improve the bottleneck traffic further south on Washington Street, that there are numerous issues with regard to traffic, that if the zoning amendment is granted and the special permit is not granted then the denial of the special permit will be appealed, that if the zoning amendment is not permitted then there is no appeal, and that Decathlon has gone from about fourteen stores down to about four or five stores. Nick Bagarella, 10 Pernokas Drive stated that he is opposed to the project. A letter was received from Kelly Hart and Wayne Newcomb, both of 386 Washington Street in opposition to the proposal. Motion made and 2nd that the communication be received and

made part of the record, all in favor, 8-0-1 (Gonsalves absent). Motion made and 2nd that

the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE

CITY COUNCIL ON AUGUST 15, 2006 and that the matter be referred to the

Committee on Ordinances for further review, all in favor, 8-0-1 (Gonsalves absent).

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COMMITTEE REPORTS:

 

FINANCE:

 

On the Order relative to authorization to borrow the sum of $300,000.00 for the purpose of implementing portions of the City’s Stormwater Management Plan (as required for compliance with the Phase II EPA Stormwater Permit), committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 20, 2006

 

************************* PERSONNEL: 

 

On the appointment of Robert Swain as a Member of the Woburn Handicapped and Disabled Citizens Commission, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

 

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On the appointment of Joanne Collins, Philip Mahoney, Jean Cullinane, Lori Medeiros, Reverend Dr. Neal Pearson, Robert McNabb, Jose Santiago, Jan Robbins Cox, Ralph Coakley, Carl Batchelder as Members of the Human Rights Commission, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

 

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

 

On the petition by Abdulla Nasser dba AACO Travel Taxi for renewal of Taxi Cab License, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

 

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On the petition by Satisfaction Transport, Inc. dba Satisfaction Transportation for renewal of Livery License, committee report was received “ought to pass, with the limit of nine (9) vehicles.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

NEW PETITIONS:

 

A Conservation Easement and Restriction was received from Vassiliki Lambros and

Spyros Lambros pursuant to Sections 31, 32 and 33 of Chapter 184 of the Massachusetts General Laws granting to the City of Woburn with quitclaim covenants in perpetuity and exclusively for conservation purposes a Conservation Restriction on a parcel of land located in the City of Woburn, Massachusetts, consisting of approximately 23,179 square feet, being shown on a plan entitled “Conservation Restriction Area at 84 Bedford Road in Woburn, MA”, dated February 22, 2006, prepared for the Grantor by Daylor Consulting Group, Inc. attached as Exhibit A, said area shown on said Exhibit A as shaded area depicted as “CR”. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON MUNICIPAL LANDS, all in favor, 8-0.

 

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Petition by Winn Street Realty Corporation, 50 Dodge Street, #2, Beverly, Massachusetts 01915 for a special permit pursuant to Sections 5.1.5, 11.6.5 and to the extent deemed applicable Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, so as to convert third floor space in the building at 65-67 Winn Street, into two apartment units, with parking as shown on the accompanying plans (reduced requirements per Section 8.2.5 for mixed use of property), the proposed use also constitutes a request to change the terms of a Special Permit previously issued April 26, 2001 at 65-67 Winn Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 80-1 (Gonsalves absent).

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Petition by Motion Industries, Inc., 44 Third Avenue, Somerville, Massachusetts 02143 for a special permit pursuant to Section 5.1 (42), (57b) and Section 7.3 of the 1985 City of Woburn Ordinance to allow for warehouse and distribution use and the overnight parking of commercial motor vehicles at 11 Cabot Road, Woburn, Massachusetts at 11 Cabot Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 8-0-1 (Gonsalves absent).

_________________________

 

COMMUNICATIONS AND REPORTS:

 

A communication dated June 12, 2006 was received from John E. Corey, Jr., PE, City Engineer as follows:

 

Subject: Private Utility Permits – Electronic As Built Information

 

The engineering department has been attempting to obtain private utility records for our graphical information system for a number of years with no success. We are required to provide our information as a matter of public record but the door has been swinging in one direction only.

 

To assist the department in filling in the private utility information, it would be vastly helpful if the council could amend the ordinance so that any private utility that installs infrastructure within the public right of way would be required to submit an electronic as built to the engineering department. In this manner, the department would at least have knowledge of newly installed private utility information.

 

Any assistance you can give the engineering department in this matter would be greatly appreciated.

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, all in favor, 8-0-1 (Gonsalves absent).

 

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A communication dated June 12, 2006 with attachments was received from Joanne Collins, Director, Council on Aging along with a copy of the minutes of the June meeting of the Council on Aging and the Director’s Report for the month of June. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Gonsalves absent).

 

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A communication dated June 28, 2006 was received from Attorney Michele E. Randazzo,

Kopelman and Piage, P.C., relative to health insurance for school employees. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Gonsalves absent).

 

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A copy of a communication dated July 12, 2006 with attachment to the Surface

Transportation Board was received from Attorney Mark R. Reich, Kopelman and Paige,

P.C. along with the comments of the City of Woburn in response to the Surface

Transportation Board’s June 12, 2006 decision concerning the proposed activities of New England Transrail, LLC. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Gonsalves absent).

 

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A copy of a communication dated July 11, 2006 to the Surface Transportation Board was received from State Representative James R. Miceli relative to New England Transrail petition for an exemption from 49 U.S.C. §10901. Motion made and 2nd that the

MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Gonsalves absent).

 

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A copy of a communication dated July 13, 2006 to the Surface Transportation Board was received from Siu Tip Lam, Assistant Attorney General, Environmental Protection Division, Commonwealth of Massachusetts Office of the Attorney General relative to comments of the Commonwealth of Massachusetts on whether the Surface

Transportation Board has jurisdiction over the proposed solid waste processing facility of New England Transrail LLC dba Wilmington & Woburn Terminal Railway. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Gonsalves absent).

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A copy of a communication dated July 11, 2006 to the Surface Transportation Board was received from Mayor Malinda Duncanson and Corporation Counsel Thomas Farrell, Esq., City of Middleton, New York relative to New England Transrail LLC petition for an exemption from 49 U.S.C. §10901. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Gonsalves absent).

 

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A copy of a communication dated July 13, 2006 to the Surface Transportation Board was received from Mark Wight, Assistant Counsel, Division of Legal Counsel, Illinois Environmental Protection Agency relative to petition by New England Transrail LLC for construction, acquisition and operation exemption. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Gonsalves absent).

 

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A copy of a communication dated July 13, 2006 to the Surface Transportation Board was received from Richard E. Lotz, Assistant Attorney General, Natural Resources & Environment Section, State of Colorado Department of Law relative to the proposed activities of New England Transrail LLC. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Gonsalves absent).

 

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A copy of a communication dated July 13, 2006 to the Surface Transportation Board was received from Attorney Louis P. Warchot, Association of American Railroads relative to the proposed activities of New England Transrail LLC. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Gonsalves absent).

 

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A copy of a communication dated July 12, 2006 to the Surface Transportation Board was received from Peter J. Shudtz and Steven C. Armbrust of CSX Transportation, Inc. and John V. Edwards of Norfolk Southern Corp. relative to the proposed activities of New England Transrail LLC. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Gonsalves absent).

 

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A copy of a communication dated July 13, 2006 to the Surface Transportation Board was received from Stephen M. Richmond of Beveridge & Diamond, P.C. relative to the proposed activities of New England Transrail LLC. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Gonsalves absent).

 

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A copy of a communication dated June 8, 2006 from Attorney John Connolly, Jr.,

Connolly Law Office, LLC, 545 Salem Street, Wakefield, Massachusetts 01880 to Treasurer/Collector Donald Jensen was received relative to a request for a decree vacating a foreclosure of a low value tax taking. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON MUNICIPAL LANDS, all in favor, 8-0-1

(Gonsalves absent).

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS: 

 

A communication dated June 28, 2006 was received from His Honor the Mayor as follows:

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Mary Hines of 305 Salem Street, #408, as a Member of the Board of Trustees of the Woburn Public

Library for a period of three years. Ms. Hines will be replacing Dr. Lawrence Byron, Jr.

The effective date of this appointment will be the date of confirmation by the City Council.

 

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

 

Sincerely, s/Thomas L. McLaughlin

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, all in favor, 8-0-1 (Gonsalves absent).

 

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A communication dated June 23, 2006 was received from His Honor the Mayor as follows:

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Kevin Meaney of 55 Arlington Road as a member of the Historic District Commission for a period of three years.

 

Mr. Meaney’s appointment will be effective on the date of confirmation by the City Council, and his year term will expire three years from that date.

 

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

 

Sincerely, s/Thomas L. McLaughlin

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, all in favor, 8-0-1 (Gonsalves absent).

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

RESOLVED That the City Engineer request proposals by an outside engineering firm to

conduct hydraulic study of the Middlesex Canal from the point beginning at Wyman Street and heading in a southerly direction and make recommendations to the city on how to remedy or alleviate constant flooding.

 

s/Alderman Galvin and Alderman Dwyer

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

 

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RESOLVED That the Traffic Commission review the feasibility of establishing the speed limit for motor vehicles traveling on Merrimac Street at 30 miles per hour.

 

s/Alderman Ciriello

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

 

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RESOLVED Whereas, many residents of the city did not receive notification until June 27, 2006 of the termination of the previous city policy permitting white goods to be disposed of with their weekly trash at no cost;

 

Now, Therefore, Be It Resolved by the City Council of the City of Woburn that His Honor the Mayor investigate the feasibility of designating the month of August 2006 as an extension of the previous city policy of permitting white goods to be picked up by the trash collection contractor at no cost to the residents of the city to allow residents additional opportunity to dispose of unwanted appliances and electronic equipment.

 

                                                                                          s/Alderman Drapeau

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

 

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RESOLVED That the Traffic Commission review the feasibility of establishing a no heavy trucking restriction on Revere Road.

 

s/Alderman Drapeau

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

 

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RESOLVED That the Traffic Commission review the feasibility of establishing a one way restriction on Waltham Street beginning at the Winchester town line.

 

s/Alderman Drapeau

 

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 8-0-1 (Gonsalves absent).

Presented to the Mayor: July 21, 2006       s/Thomas L. McLaughlin July 21, 2006

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 8-0-1 (Gonsalves absent). Meeting adjourned at 1:46 a.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

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