City Council – 06/05/2007

DATE 06/05/2007
TIME 7:30 pm
ADA Yes
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

Below is the pasted journal for ADA Compliancy. See attachment to download the full version.

CITY OF WOBURN

JUNE 5, 2007 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                               Ciriello                        Gately

                                                               Denaro                       Galvin

Drapeau                  Gonsalves  Doherty

                                                               Dwyer                         Mercer-Bruen

_________________________

 

A request by School Committee Member Denis Russell to provide the City Council with a quarterly report on activities of the School Committee. Mr. Russell appeared on behalf of the School Committee, he stated that there has been a decrease of 1.8 positions in the new year, that they avoid laying off personnel whenever possible, that reductions have been achieved through attrition, and he reviewed activities of the School Committee Communication and Curriculum Committee and Finance Committee. Mr. Russell 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, 9-0.

_________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

ORDERED     That the sum of $12,065.00 be and is hereby transferred as so stated from Treasurer Postage Mailing Fees Acct #0113852-539003 $12,065.00 to Treasurer Tax Title Foreclosure Acct #0113857-576010 $12,065.00.

 

I hereby approve the above: s/Thomas L. McLaughlin, Mayor                I have reviewed the above: s/Gerald W. Surette, City Auditor

I recommend the above: s/Donald N. Jensen, Treasurer

 

s/President Doherty (per request)

 

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

 

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ORDERED         That the sum of $22,000.00 be and is hereby appropriated from Cemetery

Interest Fund and distributed as follows for Fiscal Year 2008: $5,000.00 to

Utility Acct. 0149052-521103, $5,000.00 to New Equipment 0149058586600, $2,000.00 to Office Supplies 0149054-542000, $5,000.00 to Equip/Bldg Maint 0149054-543000, $5,000.00 to Tools/Supplies Acct 0149054-546100.

 

I hereby approve the above: s/Edmund McGrath, Chairperson

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

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

 

s/President Doherty (per request)

 

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

 

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ORDERED     That the sum of $14,000.00 be and is hereby transferred as so stated from Fire/Regular Salary Acct #0122051-511000 $14,000.00 to Fire/Holiday Pay Acct #0122051-514500 $4,000.00, Fire/Overtime Acct #0122051513100 $10,000.00.

 

I hereby recommend that above: s/Paul Tortolano, Chief, Fire Department

I have reviewed the above: s/John Danizio, Deputy City Auditor

I hereby approve 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, 9-0.

 

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ORDERED     That the sum of $25,000.00 be and is hereby transferred as so stated from BLS Redceipts Acct #31359-595000 $25,000.00 to Ambulance Maintenance Acct #0122054-544300 $25,000.00.

 

I hereby recommend that above: s/Paul Tortolano, Chief, Fire Department

I have reviewed the above: s/John Danizio, Deputy City Auditor

I hereby approve 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, 9-0.

 

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ORDERED     That the sum of $134,000.00 be and is hereby transferred as so stated from DPW Sewer Outlays Acct #64158-585229 $46,288.00, DPW Sewer

MWRA User Charges Acct #64152-523002 $87,712.00 to DPW Sewer/Electric Acct #64152-521100 $14,000.00, DOW Water/Electric Acct #64252-521100 $120,000.00, Total $134,000.00.

 

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

I have reviewed the above. s/John Danizio, Deputy City Auditor

I recommend the above. s/Frederick Russell, DPW Superintendent

 

s/President Doherty (per request)

 

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

 

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ORDERED     That the sum of $222,500.00 be and is hereby transferred as so stated from Free Cash Acct #01-356000 $222,500.00 to DPW Traffic/Electric Acct

#0141952-521100 $10,000.00, DPW Buildings/Utilities Acct #0143552521501 $20,000.00, DPW City Hall/Gas Acct #0141352-521300

$12,000.00, DPW Swithcboard Acct #0142952-534102 $4,000.00, DPW Water/Oil & Gas Acct #64252-521300 $1,500.00, DPW Street Lighting Acct #142052-521104 $175,000.00, Total $222,500.00.

 

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

I have reviewed the above. s/John Danizio, Deputy City Auditor

I recommend the above. s/Frederick Russell, DPW Superintendent

 

s/President Doherty (per request)

 

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

 

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A communication dated May 31, 2007 was received from Mayor Thomas L. McLaughlin as follows:

 

Senior Center Conference Room to be Dedicated to Joanne Collins – Saturday, June 23 – 1:00 – 3:00 pm

 

Dear President Doherty and Members of the City Council:

 

You are cordially invited to attend an Open House and Dedication Ceremony in honor of Joanne Collins on Saturday, June 23rd, from 1:00-3:00 p.m., at the Senior Center.

 

A ribbon-cutting will take place at 1:00 pm for the refurbished conference room at the Senior Center, followed by the dedication ceremony. The new conference room is being dedicated to Joanne Collins, Executive Director, and will be named in her honor.

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

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

 

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A communication dated May 31, 2007 with attachments was received from Mayor Thomas L. McLaughlin as follows:

 

Subject: Council Resolve for Subordination Easement for the June 5, 2007, City Council Meeting

 

Attached is a Subordination Agreement regarding an easement the City has to place and maintain traffic signals on a portion of property at 112 Commerce Way, located in the Indsutri-plex Superfund Site, and which property National Development is seeking to purchase. The subordination is required by the EPA and DEP, and the agreement is approved as to form by Kopelman & Paige.

 

City Solicitor Mark Reich noted that the subordination would render the easement subject to the requirements of the Grant of Environmental Restriction and Easement (see attached draft), and that the intent of the subordination is to allow for the imposition of institutional controls at the Superfund Site by the EPA as part of the site remediation, and that these controls are a critical part of the remediation process.

 

The City Council must authorize, by majority vote, the Mayor to execute the

Subordination Agreement. A draft resolution prepared by Attorney Everett at Kopelman & Paige is attached for your consideration.

 

Because the City’s original acceptance of the easement was never recorded at the Registry of Deeds, the draft resolve also authorizes the Mayor to accept the easement by signing and recording an Acceptance form. Attorney Everett will record the Acceptance at the Registry of Deeds.

 

I request that you consider and pass this resolution at your next meeting on June 5, 2007.

 

If you have any questions, please don’t hesitate to contact me. Thank you.

 

RESOLVED Be It Resolved that the City Council of the City of Woburn hereby authorizes the Mayor or his designated representative to accept, on behalf of the City, an easement for the purposes of placing and maintaining traffic control signals and devices on a portion of property located at 112 Commerce Way, Woburn, which easement is recorded with Middlesex South District Registry of Deeds in Book 31864, Page 151, and further authorizes the Mayor to execute a Subordination Agreement, subordinating said easement to the restrictions placed on said property for

the benefit of the Massachusetts Department of Environmental Protection and the United States Environmental Protection Agency, and to execute any and all documents and take all related actions necessary or appropriate to carry out the foregoing, or take any other action relative thereto.

 

s/President Doherty (per request)

 

Motion made and 2nd that the matter be referred to Committee on Municipal Lands, all in favor, 9-0. Motion made by Alderman Denaro and 2nd to reconsider the vote, all in favor, 9-0. Alderman Galvin stated that this allows the city to install traffic control signals, that the city solicitor reviewed this, and that the city is not giving anything away. Motion made and 2nd that RESOLVE be ADOPTED, all in favor, 9-0.

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

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PUBLIC HEARINGS:  

 

On the petition by Boston Onnuri Church, 73 Pine Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.57a of the 1989 Woburn Zoning Ordinances, as amended, to allow temporary storage at 73 Pine Street. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits as follows: “That the recommendations of the Planning Board be adopted.” Appearing for the petitioner was Joseph Cho and he stated that he believed that this matter was to be returned to the Planning Board for further review, that he was not notified at all about the Committee on Special Permits meeting, that he was not aware of that meeting, that he did not receive notice of the first meeting with the Planning Board, that he was not aware of the process, that they intended to work with the neighbors, that there were waiting for time to move the trailer, and that there is a space behind the parking lot to which the trailer can be moved that will be out of sight of the street. Alderman Dwyer stated that the petitioner was not at the Committee on Special Permits meeting, that the committee gave the petition an unfavorable recommendation, that notice of the meeting was given, that the trailer has been parked illegally on the site fore four years, that even sending the matter back to committee will not resolve this, that he wants to work with the petitioner but the petitioner does not own the trailer, that the trailer has to be removed from the site, and that the trailer cannot remain on the site. Alderman Denaro stated that if the petition is denied there will be no permission to leave the trailers on site, that that trailers will have to be removed, and that if the petitioner withdraws the petition they can come back to work with the neighbors. Alderman Mercer-Bruen stated that there was a meeting last night before the Committee on Special Permits, that additional neighbors came to the meeting in opposition to the storage, that the plan indicates that the trailer was parked on a public way, that the tenor of the neighbors changed since the public hearing and she supports the residents, that she also sent notice to the abutters about the Committee on Special Permits meeting, that at the first public hearing there was an interest in working this out, that at the committee meeting additional neighbors appeared and opposed the storage, that if the petitioner appeared at last night’s meeting they would be aware of the change in the tenor of the neighbors to oppose the petition, that the trailer may be moved from the line of sight on Pine Street but it will be visible to houses at the rear of the property, that the fire chief inspected the site and did not find any issues of concern, and that perhaps a smaller trailer can be parked on site with a special permit. Alderman Gately stated that he believes that notice of the Committee on Special Permits meeting was sent, that the trailers should be removed from the site forthwith, and that the Building Department should order the removal of the trailers forthwith if the petition is withdrawn. Alderman Ciriello stated that at the prior meeting there was a request to move the trailer to the rear of the building but it was not moved, and that he opposes the petition. Alderman Gonsalves stated that she recommends the petitioner ask to withdraw the petition, that the petitioner should try to live without the trailer, and that if they determine a need for the trailer then the can come back to the City Council for temporary storage. Alderman Galvin stated that at the last meeting the neighbors were interested in working with the petitioner but something has changed since that meeting, and that he wants to work with the petitioner and address the needs of the neighbors. Alderman Doherty stated that the trailer is illegal now and will have to be removed, and that the petitioner can file another petition but will have to work and negotiate with neighbors. IN FAVOR: None. OPPOSED: Margaret Bose, 70 Pine Street stated that the trailer is not in a desirable location, and that she believed that a compromise would be worked out but the petitioner did not attend the committee meeting. Joseph Cho asked that the City Council allow the withdrawal of the special permit. Motion made and 2nd to close the public hearing, all in favor, 9-0. Motion made and 2nd that the PETITION be GIVEN LEAVE TO

WITHDRAW WITHOUT PREJUDICE and that the Building Commissioner to order the removal of the trailers forthwith, all in favor, 9-0.

 

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On the petition by Philip Marshall, Trustee Marshal Family Trust, 71 Pine Street, Woburn, Massachusetts 01801 for a special permit to allow parking of storage containers at 71 Pine Street. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits as follows: “That the recommendations of the Planning Board be adopted.” Appearing for the petitioner was Philip Marshall and he stated that he is the trustee of the Marshall Family Trust, that he received notice of the committee meeting but thought it was duplicate notice for this meeting, that the building is used for manufacturing, that there are two businesses located in the building, that there are two tenants, that one tenant manufactures outside furniture, that the tenant uses the trailer for storage of finished product before delivery to customers to avoid damage, that the trailer is located behind the building and locked at all times, that the second tenant was the pastor of the church that used to be located next door to his building, that the ministry moved to Tennessee but a portion of the congregation remained in Woburn, that the pastor stores materials in the trailer, that the trailers have been on site for twelve years, that this issue arose when U.P.S. stored a temporary trailer on site which was used as a local delivery transport trailer, that packages were stored in the trailer and redistributed locally, that neighbors complained, the trailer was removed and it will not be returned, that the trailers are located at the back of the building, that the locus abuts a railroad track, that the trailers cannot be seen from the street, that one trailer is owned by the former church and they keep chairs in it, that the second trailer is owned by the other tenant Archie’s Island, and that he charges a fee to the church to park the trailer on site and having the other trailer on site is part of the Archie’s Island rent. Mr. Marsall 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, 9-0. IN FAVOR: Joseph Cho, Bostn Onnuri Church 73 Pine Street stated that the trailers are not visible from the street, that the petitioner is a good neighbor, and that the trailers do not cause them any trouble. OPPOSED: Margaret Bose, 70 Pine Street stated that she disputes that the petitioner did not know anything about the committee meeting, that she received a telephone call from the Woburn Business Association about the meeting, that she told the WBA representative about the meeting and suggested that he call the petitioner to inform them about the meeting, that if extra storage is needed by the petitioner’s tenants then perhaps the business should be moved to a more suitable location, that there are temporary storage locations in the city from which the church can rent space, and that the trailers are visible from the houses on Pine Street. Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he attempted to reach the petitioner to tell him about the meeting, that the WBA is not involved in this matter except that they have an interest in the type of trailers involved and how the issue was being handled by the city council, and that he suggested that the petitioner seek legal counsel in view of the unfavorable recommendation of the planning board. Mustafah, 63 Pine Street stated that the trailers are visible from his backyard during the winter and the fall, that he is concerned about commercial storage in a residential neighborhood, and that he is against the petition. Alderman Ciriello stated that this would be an easier sell if the use of the trailers was directly related to the businesses, that a rental profit is being made for storage of these trailers on site, that he is concerned about these appearing in other areas of the city, and that he is opposed to the petition. Motion made and 2nd to close the public hearing, all in favor, 9-0. Motion made and 2nd that the recommendation of the Planning Board be adopted and that the MATTER be DENIED, all in favor, 9-0. Motion made and 2nd that a communication be forwarded to the Building Commissioner to order the removal of the trailers forthwith, all in favor, 9-0.

 

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On the petition by Michael R. Tyminski, 14 Otis Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.5 of the 1989 Woburn Zoning Ordinances, as amended, to allow earth removal or filling at 14 Otis Street. PUBLIC HEARING OPENED. A communication dated June 4, 2007 was received from Attorney Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 was received as follows:

 

Re: 14 Otis Street

 

Dear Mr. Campbell and Council Members,

 

Request is made to continue this matter until June 19, 2007 and to have it on the agenda for a committee meeting on June 18, 2007. This request is made in order to allow the engineer to make changes as recommended by Woburn Engineering and to allow for a Planning Board recommendation. Be advised that I have informed the neighbors who had attended the prior meeting of this request.

 

Thank you for your cooperation and please call with any questions.

 

Very truly yours, s/Mark J. Salvati

 

A report was received from the Committee on Special Permits as follows: “That the pubic hearing be continued to a City Council Regular Meeting of no earlier than July 17, 2007 and that the matter remain in committee for further review.” IN FAVOR: None.

OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JUNE 19, 2007, all in favor, 9-0.

 

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On the petition by Andrew Mitrano and Nancy Mitrano, individually and as Trustees of 25 Naples Avenue Realty Trust, 269 Edgewater Drive, West, East Falmouth,

Massachusetts 02536 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to convert the existing dwelling to a two-family dwelling at 25 Naples Avenue. PUBLIC HEARING OPENED. A communication dated May 30, 2007 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Andrew & Nancy Mitrano – 25 Naples Avenue – To convert the existing legally nonconforming dwelling to a two-family dwelling

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on May 22, 2007, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request to convert the existing legally non-conforming dwelling at 25 Naples Avenue to a two-family dwelling subject to the condition that the petitioner provide 4 parking spaces on site in accordance with Section 8 of 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, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Attorney John McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 and he stated that the petitioners resided at this location for 25 years, that this is a non-conforming structure, that the building lacks set back from Naples Avenue and Delaware Avenue, that the building was constructed that way in the late 1950s of early 1960s, that the lot slopes to the rear, that there will be no change to the footprint of the structure, that there was an apartment in the basement when they purchased the property in the early 1960s, that the property is located in the R2 zoning district, that there is sufficient space to construct a new two family on the lot by right, that the petitioners would prefer to maintain the character of the house for the neighborhood, that there was a time when the City Council regularly granted these petitions, that the Board of Appeals has most of the jurisdiction now except when a change of use occurs such as this petition, that the petitioner is before the City Council because of the non-conforming setback, that if there was not a non-conforming setback this would not be before the City Council, that the fire department has inspected the property and found adequate access, that this is a corner lot, that the petitioners can widen the driveway on Delaware Avenue or add a new driveway off Naples Avenue, that a neighbor was concerned about the increased traffic at the corner, that they petitioner are willing to work with the neighbors on the parking issue, that the petitioners will remain owners of the property for a time and assure that the property is maintained, and that the property is not conducive for two condominium units. Alderman Ciriello stated that he supports the petition, that the proposal blends with the neighborhood, that he wants to be certain that there is adequate parking for the use, and that if this petition is granted the property will become rental property and he wants to be sure that the landscaping is maintained. Alderman Gately stated that there should be two water meters for the two units. Alderman Dwyer stated that he will support the petition. IN FAVOR: None. OPPOSED: None. Motion made and 2nd to close the public hearing, all in favor, 9-0.

Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the conditions as follows: 1. That the recommendations of the Planning Board be adopted as conditions of the special permit, and 2. That the Department of Public Works be notified that there are two residential units in the building, all in favor, 9-0.

 

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On the petition by Anthony Cierri, 1 North Maple Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.57b of the 1985 Woburn Zoning Ordinances, as amended to allow for the accessory storage and parking of five (5) commercial vehicles on the property at 1 North Maple Street. PUBLIC HEARING OPENED. A communication dated May 21, 2007 was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Re:  1 North Maple Street Accessory Storage & Parking 5 Commercial Vehicles on Site – Special Permit – Special Permit Application Dated April 30, 2007

 

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

 

The submitted site plan shows the site with the existing building and 32 parking spaces. There appears to be sufficient room for the parking of commercial spaces and accessory storage.

 

This office takes no exception to the special permit application as submitted.

 

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

 

A communication dated May 30, 2007 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Anthony Cierri – 1 North Maple Street – To allow for the accessory storage and parking of five (5) commercial vehicles under Section 5.1.57b of the Woburn Zoning Ordinance

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on May 22, 2007, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request to allow for the accessory storage and parking of five (5) commercial vehicles under Section 5.1.57b of the Woburn Zoning Ordinance at 1 North Maple Street subject to the following conditions:

 

  1. That the boulders shown on the plan encroaching on the right of way shall be removed from the right of way;
  2. That the required parking spaces be marked so as to clearly indicate the stall to be occupied by each vehicle; and
  3. That the Planning Board shall retain jurisdiction over the landscaping.

 

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 Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the property is located in the O-P zoning district, that the use is allowed by special permit, that the property contains 1.31 acres of land, that the petitioner has a building on the site, that it is a well manicured site, that the building is well maintained, that the property is surrounded by other industrial uses, that the petitioner has been in business in Woburn for 26 years, and that the petitioner has filed another special permit to allow a storage trailer to be kept on the site. Alderman Ciriello stated that this is a clean and neat site, that this will be a good use for the area, that the property is secluded away from residences, and that he will support the petition. IN FAVOR: Stanley Roketenetz stated that he owns some property that is adjacent to this lot and that the petitioner’s property enhances the area. Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that the petitioner paid a price for being involved in politics, that the petitioner’s employees are his family members, that the petitioner’s vehicles are registered in the city, and that the petitioner is a good contractor. Richard Morgan, 67 School Street stated that he has conducted business with the petitioner, that the property makes the area look good, and that he supports the petition. Dick O’Rourke, 6 Foster Avenue stated that the petitioner needs a place to park his equipment and that this location is out of the way of residences. OPPOSED: None. Motion made and 2nd to close the public hearing, all in favor, 9-0. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the amendment as follows: 1. That there shall be no stockpiling on site, 2. That the special permit shall not be transferable without the approval of the City Council, 3. That the vehicles used in the business and stored on site shall be registered in the city of Woburn, and 4. That the recommendations of the Planning Board shall be adopted as conditions of the special permit, all in favor, 9-0.

 

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On the petition by  Anthony J. Cierri, 1 North Maple Street, Woburn, Massachusetts 01801 to amend the Zoning Map of the City of Woburn by changing the zoning district for a parcel of land located at 1 North Maple Street with Assessors Map Reference Map 09, Block 05, Lot 01 containing approximately 1.31 acres of land at 1 North Maple Street as shown on the plan filed in the Office of the City Clerk with the petition from the O-P zoning district to the I-P zoning district. 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 this parcel is contiguous to the I-P zoning district, that the parcel is surrounded by industrial properties, that the Planning Board will meet on the petition next week, that this is an industrial use which will make the site more consistent with the area, and that whether this property is in the I-P or O-P

zoning district a special permit is needed for the storage of trailers. Alderman Ciriello stated that he is in favor of the petition and that this does not bring the industrial use any closer to the residents. Alderman Mercer-Bruen stated that the I-P zoning district makes more sense in that area. IN FAVOR: Dick O’Rourke, 6 Foster Avenue stated that is makes sense to move the zoning district and that this allows more flexibility for the petitioner. Stanley Roketnetz stated that he owns adjacent land and is in support of the petition. Paul Meaney, Executive Director, Woburn Business Association, 10 Tower Office Park, Woburn stated that the WBA is in favor of the zoning amendment. OPPOSED: None. Motion made and 2nd that the public hearing be continued to the Regular Meeting of the City Council on June 19, 2007, all in favor, 9-0.

 

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On the petition by Anchor Body Corp., 3 Breed Avenue, Woburn, Massachusetts 01801 for two special permits pursuant to the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. Pursuant to Section 5.1.45 to allow for the sale of five (5) used motor vehicles and 2. Pursuant to Section 8.3.2 to allow for off-site parking of twenty (20) vehicles and for a Second Class Motor Vehicle Sales License, at 3 Breed Avenue. PUBLIC HEARING OPENED. A communication dated May 21, 2007 was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Subject: 3 Breed Avenue Used Car & Offsite Parking Special Permit – Special Permit Application Not Dated

 

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

 

The site plan shows the locations of the proposed 5 used car parking spaces as well as the 20 leased parking spaces. The area in which the 20 leased spaces is located within the 250 foot wide Boston Edison Right of Way.

 

The application has an attached lease agreement for the use of the easement for designated purposes. The agreement specifies #1 and 2 are for paving the two areas and parking of vehicles related to the licensee’s automobile collision repair and real estate leasing business and area #3 is designated for maintaining the area free of debris, trash, junk and for no other purposes unless specifically authorized by the licensor in writing.

 

It would appear that the two locations that proposed parking would be located are on separate parcels and separate ownership. It will be the discretion of the board whether to have separate special permit applications for each parking request.

 

This office takes no exception to the special permit application as submitted.

 

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

 

A communication dated May 31, 2007 was received from Attorney Mark J. Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 as follows:

 

Re: Anchor Auto Special Permits – 3 Breed Ave

 

Dear Mr. Campbell and Council Members:

 

Request is made for leave to withdraw, without prejudice the petitions by Anchor Auto Body for a special permit allow for the sale of five used motor vehicles and to allow for off-site parking. My client will be re-filing to request the used motor vehicle license but to request the off-site parking at a different location.

 

Thank you for your cooperation and please call with any questions.

 

Very truly yours, s/Mark J. Salvati

 

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

 

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On the petition by Alderman Gonsalves to further amend the 1985 Woburn Zoning Ordinances, as amended, as follows: “By adding a new Section 11.11 as follows:

PROPOSED AFFORDABLE HOUSING AMENDMENT 11.11 Affordable Housing

Requirement 1. Whenever a request under this section for a Special Permit from the City Council seeks approval for the development of Townhouse, Garden, or Elevator apartments as specified under Sections 5.1.3(a) through 3(d), and Section 5.1.4, under the zoning classification for the subject parcel existing, at the time of the request, the City Council shall require as a condition of any such grant of a permit, the provision on site and within the development of affordable housing units equal to ten (10%) percent of the development’s total number of dwelling units.  The affordable units to be provided shall be equivalent in size, quality, and characteristics to the other units within the development, including tenure type, i.e., whether the overall development is intended for rental or homeownership. The distribution of unit sizes and determination of occupancy characteristics shall be made by the City Council at the time of granting the special permits. 2. The units required above shall be affordable to persons and households of low and moderate income, in accordance with the guidelines and regulations of the Massachusetts Local Initiative Program (LIP), administered by the Massachusetts Department of Housing and Community Development (DHCD), or a successor program, as they may be promulgated from time to time.   The Applicant shall be responsible for preparing a Massachusetts Local Initiative Program, Units Only Application, under the direction of the Mayor or his designee, for execution and submission by the City of Woburn, and to complete all other work and fulfill all other requirements related thereto, to ensure that the units will be considered subsidized low and moderate income units as defined by MGL Ch.40B, Section 20. 3. The Applicant may, with the approval of and at the sole discretion of the City Council, as a condition of any such grant of a special permit, meet the affordable housing requirements by the provision of off-site units within the same ward at a location or locations owned by, or under option to purchase by the petitioner and identified prior to the granting of and included as a condition of the special permit.  Said affordable housing shall be equal to 10% of the requested development’s total number of dwelling units, and shall meet the requirements of Paragraph 2, above. 4. The Applicant may, under certain circumstances, and with the approval of and at the sole discretion of the City Council, as a condition of any such grant of a special permit, may substitute a cash payment for the provision of some or all of the low and moderate income housing units required under Section 1, above.  Circumstances under which a cash payment may be made include, but are not limited to: 1) the lack of shopping, schools, or other facilities near the proposed location, 2) the lack of access to public transportation, or 3) any other condition which at the sole determination of the City Council renders the site inadequate as a site for affordable housing for the benefit of Woburn residents.  Such payment shall be equivalent to the present value of the difference between the affordable rent or price as required under Section 2, above, and the projected market rent or price of the units as of the date the application is submitted.  The Applicant shall propose an appropriate method for determining the amount of such payment, which shall be approved by the City Council at its sole discretion.  Such payments shall be placed in the Affordable Housing Fund, as specified in Paragraph 5, below. 5. An Affordable Housing Fund shall be established in the City Treasury to receive all payments made under this Section, and shall be kept separate and apart from other monies by the City Treasurer.  Any moneys in said fund shall be expended only at the discretion of the City Council, with the approval of the Mayor, to support the creation of low and moderate income housing units which meet the requirements of Section 2, above.  All moneys which are collected as a result of any contribution to this fund shall be transferred to the principal of said fund, and the City Treasurer shall be the custodian of the fund and shall deposit the proceeds in a bank or invest the same in such securities as are legal for the investment of funds of savings banks under the laws of the Commonwealth of Massachusetts, or in federal savings and loan associates situated in the Commonwealth.  Any interest earned thereon shall be credited to and become a part of such fund.  Any moneys in the fund shall be expended only by a majority vote of the entire membership of the City Council, with the approval of the Mayor.  The cost of acquiring land or property for future affordable housing development by the City of Woburn or one of its public authorities is an allowed expenditure of funds held in the Affordable Housing Fund. 6. In the event that the requirements of this section impose a severe economic hardship on the Applicant, the City Council, may, at its sole discretion, modify the requirements of this Section.   Such hardship must be caused by unusual site conditions which substantially increase the cost of development, including: 1) the need to remediate conditions of environmental contamination, 2) the need to preserve an existing structure of significant historic value, 3) the need to preserve a critical area of open space, or 4) a similar site condition which the City Council determines at its sole discretion substantially increases the cost of development. Such modification shall be limited to a reduction in the number of affordable housing units to be provided under this Section, or acceptance of a cash payment less than the full amount specified in Paragraph 4, above, to be placed in the Affordable Housing Fund. 6. In determining the number of units to be provided in accordance with Paragraph 1, above, a fractional unit of .5 or more shall be regarded as a whole unit. When less than a .5 unit is required, the Application may, at the sole discretion of the City Council, satisfy the requirements of this Section by making a cash payment, as specified in Section 4, above.” PUBLIC HEARING OPENED. Alderman Gonsalves stated that this was reviewed by the Zoning Ordinance Review Committee (ZORC), that the city solicitor believes that a home rule petition should be pursued to set up a separate fund, that there is a question as to whether this should apply to smalle developments such as two, three or four unit townhouses, that the City Council must decide whether this applies to all special permits for condominiums and apartment or whether developments under five units be excluded, that occupancy permits should not be granted unless all affordable requirements are met, that the Woburn Housing Authority will be responsible for monitoring the developments, that it needs to be highlighted that the intent of the ordinance is to create 10% affordable housing, that the petitioner should achieve a 10% affordable housing component but there can offer to the city a buyout from the requirement, that the city cannot force a buyout, that only affordable units that meet Chapter 40B requirements can be constructed, that every affordable unit should be constructed so as to count towards the Chapter 40B requirements, that the developments cannot be constructed in smaller groupings so as to avoid the requirements, that if adjacent property is owned and a triggering project is being developed on the separate lots it would have to be looked at as one project, and that segregation language can be added but can be confusing. Alderman Gonsalves offered a revised form of the amendment, a copy of the amendment with comments from the city solicitor and a copy of the amendment with comments from ZORC for the city council to review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. President Doherty stepped down from the chair. Alderman Galvin assumed the chair. President Doherty stated that a separate account was established for these funds and is being maintained so that no funds are being commingled, that anything above two units is detrimental, that a larger development will demand greater resources from the city, and that under ten units but greater than two units should be included under the ordinance. Alderman Denaro stated that developments of two units and above should be included in the ordinance, and that contributing a unit is another form of mitigation. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the ordinance as amended in the document entitled “Proposed Affordable Housing Amendment Revised 6-5-07” as further amended be adopted with the additional amendment as follows: to replace in the first sentence of Paragraph 11.11.1 the words “of five units or more” be deleted and in their place be inserted the words “of more than two units”, all in favor, 9-0. The Ordinance as amended is as follows:

 

11.11   Affordable Housing Requirement

 

  1. Whenever an application under this section for a Special Permit from the City

Council seeks approval for the development of more than two units of

Townhouse, Garden, or Elevator apartments as specified under Sections

5.1.3(a) through 3(d), and Section 5.1.4, under the zoning classification for the subject parcel existing at the time of application, the City Council shall require as a condition of any such special permit, the provision on site and within the development of affordable housing units equal to ten (10%) percent of the development’s total number of dwelling units.  The affordable housing units to be provided shall remain affordable in perpetuity, be equivalent in size, quality, and characteristics to the other units within the development, including tenure type, i.e., whether the overall development is intended for rental or homeownership. No certificate of occupancy for any market rate unit in the development shall be issued until certificates of occupancy have been issued for all affordable housing units. The monitoring of the affordability shall be the responsibility of the applicant and shall be supervised by the Woburn Housing Authority (WHA) in accordance with a Memorandum of

Understanding (MOU) between the applicant and the WHA said MOU shall be presented to the City Council prior to final approval of the Special Permit by the City Council.

 

  1. The units required above shall be affordable to persons and households of low and moderate income as defined by MGL Chapter 40B, Section 20.  The Applicant shall be responsible for preparing a Massachusetts Local Initiative Program, Units Only Application, administered by the Massachusetts Department of Housing and Community Development (DHCD) or, any successor program, or an application for any other program that provides for units that are deemed eligible by DHCD to be included under MGL Chapter 40B Section 20, under the direction of the Mayor or his designee, for execution and submission by the City of Woburn, and to complete all other work and fulfill all other requirements related thereto, to ensure that the units will be considered subsidized low and moderate income units as defined by MGL Ch.40B, Section 20.

 

  1. The Applicant may request the City Council, as a condition of any such grant of a special permit, to meet the affordable housing requirements by providing off-site units within the same ward at a location or locations owned by, or under option to purchase by the petitioner and identified prior to the approval of and included as a condition of the special permit.  The number of affordable housing units shall be equal to 10% of the requested development’s total number of dwelling units of both on-site and off-site dwelling units, and shall meet the requirements of Paragraph 2, above. The affordable units to be provided shall remain affordable in perpetuity, be equivalent in size, quality, and characteristics to the other units being developed, including tenure type, i.e., whether both the on-site and off-site units are intended for rental or homeownership. The monitoring of the affordability shall be the responsibility of the applicant and shall be supervised by the Woburn Housing Authority (WHA) in accordance with a Memorandum of Understanding (MOU) between the applicant and the WHA said MOU shall be presented to the City Council prior to final approval of the Special Permit by the City Council.  Any special permit containing such a condition shall not become effective until a covenant, in a form approved by the City Solicitor, has been recorded in the Registry of Deeds, requiring the construction of such off-site affordable housing units.  No certificate of occupancy for any market rate unit in the development shall be issued until certificates of occupancy have been issued for all off-site affordable housing units.

 

  1. The Applicant may request the City Council, as a condition of any such grant of a special permit,  to substitute a cash payment for the provision of some or all of the affordable housing units required under Section 1, above.  Circumstances under which a cash payment request may be permitted include, but are not limited to: 1) the lack of shopping, schools, or other facilities near the proposed location, 2) the lack of access to public transportation, or 3) any other circumstance that may render the site unsuitable, in the City Council’s opinion, as a site for affordable housing.  Such payment shall be equivalent to the present value of the difference between the affordable rent or price as required under Section 2, above, and the projected market rent or price of the units as of the date the application is submitted.  The City Council shall impose a reasonable fee on the applicant for the employment of outside consultant(s) under Chapter 44 Section 53G to determine the amount of said payment.  Said payment shall be placed in the Affordable Housing Fund, as specified in Paragraph 5, below. If the Affordable Housing Fund has not yet established at the time of said payment, the payment shall be placed in such fund(s) as the Treasurer shall determine appropriate for the purpose of being held and used for affordable housing purposes.

 

  1. An Affordable Housing Fund shall be established in the City Treasury to receive all payments made under this Section, and shall be kept separate and apart from other monies by the City Treasurer.  Any moneys in said fund shall be expended only by a 2/3 vote of the City Council, with the approval of the Mayor, to support the creation of low and moderate income housing units which meet the definition of “low or moderate income housing” as defined by MGL Chapter 40B, Section 20.  All moneys which are collected as a result of any contribution to this fund shall be transferred to the principal of said fund, and the City Treasurer shall be the custodian of the fund and shall deposit the proceeds in a bank or invest the same in such securities as are legal for the investment of funds of savings banks under the laws of the Commonwealth of Massachusetts, or in federal savings and loan associates situated in the Commonwealth.  Any interest earned thereon shall be credited to and become a part of such fund. The cost of acquiring land or property for future affordable housing development by the City of Woburn or one of its public authorities is an allowed expenditure of funds held in the Affordable Housing Fund.

 

  1. In the event that the requirements of this section impose a severe economic hardship on the Applicant, the Applicant may request the City Council to modify the requirements of this Section.   Such hardship must be caused by the need to address unusual site conditions which will substantially increase the cost of development and provide ancillary public benefits to the City, including: 1) the need to remediate conditions of environmental contamination, 2) the need to preserve an existing structure of significant historic value, 3) the need to preserve a critical area of open space, or 4) any other unusual site condition which substantially increases the cost of development. Such modification shall be limited to a reduction in the number of affordable housing units to be provided under this Section, or acceptance of a cash payment less than the full amount specified in Paragraph 4, above, to be placed in the Affordable Housing Fund.

 

  1. In determining the number of units to be provided in accordance with Paragraphs 1 and/or 3, above, a fractional unit of .5 or greater shall be regarded as a whole unit. When less than one unit is required, the Application may satisfy the requirements of this Section by making a cash payment, as specified in Section 4, above.

 

               Presented to the Mayor: June 7, 2007           Veto Message Received June 13, 2007

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CITIZEN’S PARTICIPATION:  None.

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

 

A communication dated May 23, 2007 was received from Attorney Malcolm H. Houck, 7 Winn Street, Woburn, Massachusetts 01801 as follows:

 

In re: Pho #1 Special Permit – 908 Main Street, Woburn

 

Dear Mr. Campbell:

 

I now represent K&T Eatery, Inc. in connection with a transfer and sale of its restaurant business assets, used in the conduct of the business in the firm name and style of PHO #1 at 908 Main Street, to a new operator and purchaser. This restaurant business has the benefit of a Special Permit granted by the City Council on or about January 20, 2004. The conditions of that Special Permit were, by a specific term of the Permit, personal to the then operator and original Petitioner, Ho Van Cao.

 

Mr. Ho Van Cao transferred his ownership of the Pho #1 restaurant business to K&T

Eatery, Inc. thereafter. By Notice of Amendment of Special Permit approved by the City Council on November 1, 2005, the conditions of the Special permit were then made personal to the new corporation principal, Sumon Suwan. No other changes were made to the Special permit conditions by means of this amendment.

 

It is now necessary, with the pending asset transfer, that this Special Permit again be amended. The new responsible party will be the new owner, Sirayu Tanhmunnhong, of 40 Mill Street, Malden, MA 02148.

 

In all of the above enumerated instances the Pho #1 restaurant business has been continuously in uninterrupted operation since the effective date of the original Special Permit.

 

For such public proceedings and hearings as are needed and appropriate, kindly place this matter, of Amendment of Special Permit, on the City Council agenda, as available.

 

All conditions and particulars of the original Special Permit will remain in full force and effect and shall be unchanged.

 

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

 

Very truly yours, s/Malcolm H. Houck

 

Appearing for the petitioner was Attorney Malcolm Houck, 7 Winn Street, Woburn, Massachusetts 01801 and he stated that the business is being sold, that there is a condition to the special permit requiring the City Council to approve a transfer of the special permit to a new owner, that Sirayu Tangmunnhong will be the new owner, and that he asks that the transfer to him be approved. Alderman Gonsalves stated that this is a great business and that she will support the request. Alderman Ciriello stated that this is a great restaurant and that he will support the transfer. President Doherty stated that this is a minor alteration and will not require a new public hearing. Motion made and 2nd that

the TRANSFER OF THE SPECIAL PERMIT TO SIRAYU TANGMUNNHONG be

APPROVED, all in favor, 9-0.

 

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Motion made and 2nd that a communication be forwarded from the Committee on

Municipal Lands to the Planning Board for a report pursuant to Massachusetts General Laws Chapter 41, Section 81I relative to the acceptance of Arbor Lane, Arthur G.

Pernokas Drive, Brae Circle, Christin Way, Connors Drive, Coventry Lane, Crossman Road at Loves Lane, Fairway Drive, Shaker Hill Lane, Industrial Parkway, Markham Terrace, Maud Place, Mawn Drive, Mikaila Way, Murray Road, Old Cambridge Road, Paris Way, Ryan Road, Sheila Avenue, and Strawberry Lane, all in favor, 9-0.

 

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ORDERED     That the sum of 460,000.00 be and is hereby transferred as so stated: Transferred from Free Cash $60,000.00 Transferred into Overtime

0121051-513100 $40,000.00, Gasoline 0121054-548100 $20,000.00.

 

I hereby approve the above: s/Mayor Thomas L. McLaughlin    I have approved the above: s/Chief Philip L. Mahoney

I have reviewed the above: s/John Danizio, Deputy Auditor

 

s/President Doherty (per request)

 

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

 

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ORDERED     That Rule 1 of the Rules and Orders of the City Council be and hereby are amended by adding a second sentence as follows: “Notice of the meeting shall be made by first class mail postage prepaid deposited in the U.S.

mail at least five (5) days before the meeting.”

 

s/Alderman Drapeau

 

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

 

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

 

COMMITTEE REPORTS:

 

FINANCE:

 

On the Order to transfer the sum of $40,000.00 from DPW Administration Salary and DPW Water Enterprise Salary to DPW Overtime, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

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On the Order to transfer the sum of $20,397.00 from Mayor’s Outlays – Excavator to Mayor’s Outlays – Sidewalk Plow, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

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On the Order to appropriate the sum of $15,000.00 from Cemetery Interest Fund to

Cemetery Burial Sections Account for preventive spraying of trees and to Cemetery Overtime for preparations for Memorial Day, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor,

9-0.

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

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

 

On the transfer of the Inflammable License from Lexington St. Realty Trust c/o Shirley Parker to Noel McDermottroe and Lesley McDermottroe at 229 Lexington Street, commonly known as McDermottroe Getty, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor,

9-0.

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

************************* ORDINANCE:

 

On the Order to amend Title 8, Article IV, Section 8-8 of the 1989 Woburn Municipal Code, as amended, relative to inflammable licenses, committee report was received

“ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

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On the Order relative to amending Title 2, Article XXXVII, Section 2-177 of the 1989 Woburn Municipal Code, as amended, relative to city-owned vehicles, the committee report was received as follows: “ought to pass with the amendments as follows:

 

  1. By deleting from the first sentence in Paragraph A the words “or simply ‘Woburn’,” and add after the words “and shall include” and before the words “the department” the words the city seal which shall be twelve inches in diameter and orange in color and”.
  2. By adding to the first sentence in Paragraph A after the words “and shall include” and before the words “the department to which” the words “the city seal and”.
  3. By deleting the second sentence in Paragraph A in its entirety.
  4. By inserting in the third sentence after the words “the lettering” and before the words “is to be” the words “shall be orange and”.
  5. By deleting the fourth sentence in Paragraph A in its entirety.
  6. By deleting the fifth sentence in Paragraph A in its entirety.
  7. By deleting the sixth sentence in Paragraph A in its entirety.
  8. By deleting the seventh sentence in Paragraph A in its entirety.
  9. By deleting Paragraph B in its entirety and inserting in its place the following: “B. All marked police vehicles shall be ordered, lettered and painted the same color scheme as determined by the Chief of Police upon approval of the mayor. All unmarked and undercover police vehicles shall be ordered and painted or repainted as determined by the Chief of Police. Undercover, Unmarked and Surveillance Police vehicles are not required to be lettered. All fire vehicles shall be lettered in accordance with Paragraph A and shall be painted red, or red and white, or black as determined by the Fire Chief upon approval of the mayor. All other vehicles, new vehicles only, shall be painted black and shall be lettered in accordance with Paragraph A.
  10. By adding a sixth sentence to Paragraph C as follows: “The mayor may, during an emergency or any other unusual event as the mayor determines, temporarily authorize certain city employees to retain their assigned city vehicles at all times to facilitate their response or recall to the emergency or other unusual event. The mayor will notify the city council in writing, within 24 hours, when he/she exercises this discretion.”
  11. By adding a new Paragraph H as follows: “H. At the end of each year, the City Council is to obtain a list of city owned vehicles from each department, including vehicle identification number, gas, mileage, excluding undercover vehicles which information is kept in the mayor’s office.”

 

Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, AS AMENDED with the amendment as follows: “That a new Paragraph 12 be added as follows: 12. All heavy equipment purchased by a department will be in standard manufactured colors but shall be lettered in accordance with Paragraph A.”, all in favor, 9-0.

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

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NEW PETITIONS:

 

Petition by NSTAR Electric Company and Verizon New England Inc. for a grant of right in a way to install one joint occupancy pole and anchor guy (138/132) and to remove one joint occupancy pole on Main Street southerly side at Elm Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Lorraine A. Jenks dba Elements Therapeutic Massage, 12 Tarbox Lane, North

Reading, Massachusetts 01864 for a special permit pursuant to Section 5.1.33b of the 1985 Woburn Zoning Ordinances, as amended, to operate and conduct a muscular therapy facility at 446 Main Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Lannan Family LLC, 831 Rogers Street, Lowell, Massachusetts 01852 for a special permit pursuant to Section 5.1 and Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the demolition of the existing building and construction of a proposed showroom parking lot at 56 Winn Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Lannan Chevrolet, Inc. fka Lannan Chevrolet-Olds, Inc., 40 Winn Street and 56 Winn Street to amend First Class Motor Vehicle Sales License to include the property at 40 Winn Street and 56 Winn Street. Motion made and 2nd that MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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Petition by Anthony Cierri, 1 North Maple Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.57 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the accessory storage of a trailer on the property at 1 North Maple Street. Motion made and 2nd that MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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Petition by Koffler/GID Woburn LLC, One Providence Washington Plaza, Ninth Floor, Providence, Rhode Island 02903 for a special permit to modify a special permit dated October 9, 2003 pursuant to Section 5.1.23 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a further amended site plan and an additional 2,500 square feet of gross floor area at 300 Mishawum Road. Motion made and 2nd that MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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Petition by Chair 5 Restaurants-Woburn LLC dba Qdoba Mexican Grill, 572 Washington Street, Suite 17A, Wellesley, Massachusetts 02482 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 and building signage at 300 Mishwum Road as shown on Plans filed herewith. Motion made and 2nd that MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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Petition by Harout Avakian, owner of 3-5 Carmen Terrace, Woburn, Massachusetts 01801 to amend the 1985 Woburn Zoning Ordinances, as amended, as follows:

 

ORDERED     Be it ordained by the City Council of the City of Woburn that Section 7.1 of the 1985 Woburn Zoning Ordinance, as amended, be further amended by adding a new paragraph to the end of this Section as follows:

 

A residential structure used as a residence and conforming to the zoning district in which it lies, that is protected by the ten (10) year statute of limitations under Massachusetts General Laws Chapter 40A, Section 7 shall be considered for the purposes of this Section 7.1 a legal nonconforming structure.

 

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

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COMMUNICATIONS AND REPORTS:

 

A communication dated May 23, 2007 with attachments was received from Joanne Collins, Director, Woburn Council on Aging as follows:

 

Re: Woburn COA proposed amendments to Woburn COA Bylaws

 

Attached please find 1) original of COA amended Bylaws that have been reviewed and approved by Mayor McLaughlin, 2) a copy of the “original” bylaws with the proposed amendments that the Woburn COA Board has voted to change, and 3) a “copy: of the original Woburn COA Bylaws that were approved February 2002.

 

On behalf of the Woburn Council on Aging, I request your endorsement of the amended Bylaws. There is a provision on the final page which states, “These bylaws become effective following the approval of the mayor and City Council.”

 

Please review the changes that have been recommended by the Woburn COA Board and feel free to call me with any questions that you may have.

 

Sincerely, s/Joanne Collins, Director, Woburn Council on Aging

 

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

 

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A communication dated May 24, 2007 was received from the Woburn License Commission as follows:

 

Dear President Doherty:

 

The License Commission hereby requests that the Woburn City Council petition the General Court to adopt a Home Rule Petition that would permit the city to issue ten (10) additional so-called Section 12 Pouring Licenses.

 

The city has reached the limit under the present statutes which allow the license commission to issue these licenses. The intent of the commission is to provide additional opportunities for quality restaurants to locate within our community and provide additional service and convenience to the residents. Unless the limit of licenses is increased, the commission will not be permitted to issue any additional pouring licenses.

 

The commissioners are available to meet with an appropriate subcommittee of the City Council should you require any additional information.

 

Woburn License Commission – s/William D. Bishop, Chairman; Paul J. Wentworth,

Member; Owen J. McCaffrey, Member

 

Motion made and 2nd that matter be received, all in favor, 9-0. Motion made and 2nd that

the MATTER be REFERRED TO THE COMMITTEE ON CHARTER AND RULES, all in favor, 9-0.

 

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A communication dated May 10, 2007 was received from Charles L. O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:

 

In accordance with Massachusetts General Laws Chapter 90, Section 20A½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending April 2007: number of tickets issued 862, number of tickets paid 760, number of hearings scheduled 412, number of tickets voided or dismissed 58, number of tickets outstanding 251, number of tickets issued by motorcycle officers 0, total dollar amount collected and turned into the Treasurer’s Office $27,615.00. There exists a backlog of 4,912 tickets for 1982 through 2006. Demands will be sent out until all tickets have been cleared. Parking violations turned over to Handicap Commission to date $4,760.00.

 

Respectfully submitted, s/Charles L. O’Connor, Parking Clerk City of Woburn

 

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

 

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A communication dated May 22, 2007 was received from Attorney Michele E. Randazzo, Kopelman and Paige, P.C., relative to Massachusetts Independent Contractor Law M.G.L. Chapter 149, Section 148B. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication was received from State Representative Patrick M. Natale as follows:

 

Dear Woburn City Council:

 

I am writing to express that I am against S.B. 1987, the Massachusetts State Franchising Bill. Currently, the Commonwealth’s wireline cable television companies constructed and now operate cable television systems under municipal consents that address the specific needs of local communities with specific agreed-upon terms.

 

The passing of the Massachusetts State Franchising Bill would take away local authorities ability to negotiate their own contracts. I am against this bill, because I want to protect the rights of the Commonwealth’s cities and towns.

 

Recently, the House voted not to reduce State Sewer Rate Relief Fund from $25 million to $15 million and passed a budget amendment that allotted $25 million to the State Sewer Rate Relief Fund. I will do everything I can to ensure that this amount remains in the budget as debates continue.

 

Sincerely, s/Patrick M. Natale

 

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

 

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A copy of the Fuel Transactions report was received from the Woburn Police Department for the period April 1, 2007 to April 30, 2007. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated May 24, 2007 with attachment was received from John E. Corey, Jr., PE, City Engineer along with an electronic copy of the Natural Hazards Mitigation Plan. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated May 25, 2007 with attachments was received from Donald J. Borchelt, Executive Director, Woburn Redevelopment Authority along with a copy of the meeting package for the April 24, 2007 and May 25, 2007 meetings of the Woburn Redevelopment Authority. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated May 7, 2007 was received from Barry LaCroix, Executive

Director, Massachusetts Executive Office of Public Safety, Criminal History Systems

Board, 200 Arlington Street, Suite 2200, Chelsea, Massachusetts 02150 advising that the Criminal Offender Record Information (CORI) certification for the Committee on Police and Licenses has expired. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated May 17, 2007 was received from the Walpole, Massachusetts Board of Selectmen requesting the City Council to support legislation “seeking an immediate suspension of that part of the law that allows for unfriendly 40B applications” and to communicate this to the city’s legislative delegation. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A copy of a communication dated May 24, 2007 from the Office of the Massachusetts

Attorney General to the Surface Transportation Board concerning the New England Transrail, LLC matter was received. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A copy of a communication date May 4, 2007 from Baker Botts LLP to the Surface Transportation Board concerning the New England Transrail, LLC matter entitled “Response to Post-Hearing Statement of Town of Wilmington” was received. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor,

9-0.

 

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A copy of a communication dated May 18, 2007 to Mayor Thomas L. McLaughlin from John Harrington requesting that the city repave Cronin Way was received. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0. _________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS: 

 

A communication dated May 30, 2007 was received from Mayor Thomas L. McLaughlin as follows:

 

Re: Joseph Leary – Zoning Board of Appeals

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Joseph V. Leary of 4 Battle March Way, whose term expires May 31, 2007, as a member of the Board of Appeals for a period of three years.

 

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

 

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

 

Sincerely, s/Thomas L. McLaughlin, Mayor

 

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

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     Whereas, local receipts are essential in reducing the cities reliance on the property tax levy, and

 

Whereas, the cities local receipts have been underestimated by an average of $1,300,000.00 per year since Fiscal Year 2000 (source: Massachusetts Department of Revenue Division of Local Services);

 

Now, Therefore, In order to realize the benefit of actual local receipts, Be

It Ordained by the City Council of the City of Woburn that Title 3, Article I, Section 3-3 of the 1989 Woburn Municipal Code, as amended, by further amended by adding a new Section 3-3(E) as follows:

 

“E.   When preparing the fiscal year tax recapitulation for the Department of Revenue’s approval, the city auditor shall include the difference between “estimated” and “actual receipts for the prior fiscal year in Section III(d) of the recapitulation worksheet labeled “other revenue sources appropriated specifically to reduce the tax rate.””

 

And further, that the current paragraph 3-3(C) relative to the public hearing on the annual city budget be re-designated as Paragraph 3-3(D).

 

s/Alderman Galvin

 

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

 

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ORDERED     WHEREAS, there presently exists a structure or structures located in the City of Woburn, Massachusetts known and numbered as 10 Lowell Street; and

 

WHEREAS, the condition of said building or buildings has been allowed to deteriorate and the property is generally not being maintained;

 

NOW, THEREFORE, BE IT ORDERED be the City Council of the City of Woburn that the City Clerk and Clerk of the City Council schedule a public hearing pursuant to Mass. General Laws Ch. 139, Sec. 1, et. seq., and give notice thereof to the owner of said building or buildings, said hearing to be conducted for the purposes of determining whether said building or buildings are a nuisance, a nuisance to the neighborhood, dilapidated or dangerous building or buildings or other structure or structures, as said terms are used in Mass. General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation.

 

s/Alderman Galvin and

Alderman Dwyer

 

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

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

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RESOLVED That the Superintendent of Public Works repave Center Street its entire length from curb to curb and repair and replace the sidewalks including granite curbs and concrete.

 

s/Alderman Dwyer and

Alderman Galvin

 

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

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

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RESOLVED That the Mayor in collaboration with the Department of Public Works complete the sidewalk installation for Washington Circle as this cut through portion of the street to Washington Street/Mill Street is plagued with excessive cut through traffic from Washington Street. The lack of sidewalks is creating unsafe pedestrian conditions on this residentially dense, highly traveled area.

s/Alderman Mercer-Bruen

 

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

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

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RESOLVED That the Traffic Commission install a “do not block intersection” sign at Ran Drive off of Washington Street. Traffic queuing up northbound has made it difficult for residents to exit.

s/Alderman Mercer-Bruen

 

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

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

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RESOLVED That the Traffic Commission consider installing “no all day parking” or “resident only parking” on Hawthorne Street as non-residential parking has become an issue. Commuters using the MBTA service at the corner of Washington Street and Montvale Avenue are parking their vehicles on Hawthorne Street all day. Signs were installed on Utica Street to solve the same problem.

s/Alderman Mercer-Bruen

 

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

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

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RESOLVED That the Mayor instruct the Department of Public Works to repaint the four way crosswalks at Grape Street and Albany Streets.

s/Alderman Mercer-Bruen

 

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

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

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RESOLVED That the Traffic Commission install “residents only” signs at the top of Washington Circle at the intersection of Pine Street and Central Street and that the bottom of Washington Circle at the intersection of Mill Street and Washington Street, whereas a traffic count study was conducted and found over 7,347 cars traveled through this small cut through street in a five day period.

s/Alderman Mercer-Bruen

 

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

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

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RESOLVED That the Traffic Commission review the status of the Winn Street/Kilby Street traffic control signal project at its meeting on June 21, 2007.

s/Alderman Galvin

 

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

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

 

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RESOLVED Whereas, the purpose of the Boy Scouts of America, incorporated on

February 8, 1910, and chartered by Congress in 1916, is to provide an

educational program for boys and young adults to build character, to train in the responsibilities of participating citizenship, and to develop personal fitness; and

 

Whereas, for 97 years, the Boy Scouts of America has been teaching values and leadership and preparing young people to make ethical choices over their lifetimes by instilling in them the values of the Scout Oath and

Law; and

 

Whereas, Scout Law provides that Scouts be trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean and reverent; and

 

Whereas, the Boy Scouts of America endeavors to develop American citizens who are physically, mentally, and emotionally fit; have a high degree of self-reliance as evidenced in such qualities as initiative, courage, and resourcefulness; have personal values based on religious concepts; have the desire and skills to help others; understand the principles of the American social, economic, and governmental systems; are knowledgeable about and take pride in their American heritage and understand our nation’s role in the world; have a keen respect for the basic rights of all people; and are prepared to participate in and give leadership to American society; and

 

Whereas, to earn the Eagle Scout rank, the highest advancement rank in Scouting, a Boy Scout must fulfill requirements in the areas of leadership, service, and outdoor skills; and

 

Whereas, William Ford  has been recognized for fulfilling all the requirements necessary to advance to the rank of Eagle Scout;

 

Now, Therefore, Be It Resolved by the City Council of the City of Woburn that the residents of the City of Woburn extend their warm and proud congratulations to William Ford  for his dedicated work and accomplishments in attaining the rank of Eagle Scout and their best wishes for his continued success in his future endeavors.

 

s/Alderman Drapeau

 

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

               Presented to the Mayor: June 7, 2007       s/Thomas L. McLaughlin June 11, 2007

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 9:52 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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