City Council – 05/17/2016

DATE 05/17/2016
TIME 7:00 pm
ADA Yes
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

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

CITY OF WOBURN

MAY 17, 2016 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                Campbell

Higgins

Concannon

Mercer-Bruen

Gaffney

Tedesco

                                                                                    Haggerty

_________________________

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

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

Motion made and 2nd to suspend the rules to hear from His Honor the Mayor Scott D. Galvin relative to presentation of the Fiscal Year 2017 Municipal Budget, 8 in favor, 0 opposed, 1 absent (Tedesco absent). Appearing was Mayor Galvin and he read the following communication dated May 17, 2016 into the record:

 

Dear President Haggerty and Members of the Council:

 

I am pleased to present the FY 2017 operating budget to the Woburn City Council for review and approval. Overall, spending is projected to increased by 3.18% above last year totals. The general fund budget will increase 3.57%, and the water and sewer budget will increase 0.65%.

 

Similar to last year, I have prepared a lean budget primarily funded by the tax levy and water and sewer fees. In addition, the budget is partially funded by locally generated receipts, State aide and Chapter 70 school funding. This year, we anticipate local aide and Chapter 70 funding from the State to exceed last year’s numbers. In addition, we continue to use conservative estimates for locally generated receipts. We are forecasting continued strength in permitting revenues and modest new tax growth in our residential and commercial tax base.

 

The FY 2017 general fund budget will increase by $4.2 million. A majority of the increase, $3.4 million, provides for contractual obligations for City employees. There is also a $300,000 increase in City health insurance and an additional $300,000 increase in pension funding requirements. This City side of the budget represents a level-services budget, with no new positions created. As always, our City employees continue to deliver a high level of service to residents and taxpayers.

 

The budget for the Woburn Public School system increases by 4.2%, to $58,219,062. In addition, spending in the Northeast regional vocational school will increase by 2.5%, to $1,786,672; spending in the Essex regional vocational school will increase 35%, to $176,301.

 

The submitted budget provides for a school appropriation that increases by $2,352.614 over last year’s budget amount of $55,866,448. The school budget includes funding for three new positions and funding for negotiated salary increases. It’s also important to note there will be no loss of any of the positions or programs advocated for by the School Committee and supported strongly by my office and the City Council from the two most recent fiscal year budgets, including:

 

Elementary School Level: Assistant Principal at the Reeves; Math Coordinator; ELL staff member; Math and Reading interventionists

 

Middle School Level: Guidance Counselor

 

High School Level: Assistant Principal

 

Special Education: Nurse; Social Worker; Para-professionals

 

As I stated during my Inaugural Address to the City, there are many great things happening at Woburn High School however the downgrade to a level three school was both disappointing and unacceptable. I have discussed with Superintendent Donovan the tools needed to address this issue, and he requested funding for two critical positions – an additional guidance counselor and ELL teacher. I fully support these two requests, and will continue to work with and support Superintendent Donovan to improve our high school rating.

 

We continue to make progress with our expired labor contracts, and the budget includes an appropriation in anticipation of settling the remaining contracts in this fiscal year. The Department Heads union, Public Works union, City Hall union, Library union, and school maintenance worker’s union have all approved collective bargaining agreements that will extend into FY 2019. The four-year agreements are fair to both employees and taxpayers, and include a wage increase of 10.5% with a 5% increase in health insurance premiums paid by employees.

 

We are in the final stages of completing our updated 5-year capital plan, which will cover the period of FY 2017-FY 2021. Copies of the capital budget plan will be delivered to the City Council for review, during the first week of June. I will be requesting your approval of the capital spending plan prior to the end of the fiscal year. Capital budget requests for FY 2016 have also been submitted for your review and approval.

 

I look forward to discussing these budgetary issues during your committee meetings.

 

Sincerely, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that the document be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Tedesco absent). Motion made and 2nd that the recap sheet prepared by the City Auditor be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Tedesco absent). Motion made and 2nd that the communication from the Mayor dated May 17, 2016 be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Tedesco absent). Motion made and 2nd to return to the regular order of business, 8 in favor, 0 opposed, 1 absent (Tedesco absent). The budget was presented as follows:

 

Fiscal Budget 2017

 

ORDERED     That for the purpose of defraying expenses for the fiscal year July 1, 2016/June 30, 2017 the following sums of money be and there are respectfully appropriated to the accounts and for the objects and purpose herein after stated and explained:

 

 

Page         Department                Dept Code #                                                                     Summary        FY17 Total                 FY16 Total

Unsupported image type.

  1. City  Council             0111       Salary      $93,110.60

Maintenance                                       $11,000.00 $104,110.60                                                                                  $104,141.04

  1. Mayor         0121       Salary      $2,565,152.80

Maintenance                                       $91,700.00                                                                                 $2,656,852.80                                    $2,372,956.83

Community

  1. Services      0122       Maintenance          $66,100.00             $66,100.00             $64,000.00
  2. Auditor       0134       Salary      $267,824.08

Maintenance                                     $116,500.00 $384,324.08                                                                                  $387,532.12

  1. Purchasing 0136       Salary      $133,237.75

Maintenance                                         $4,200.00 $137,437.75                                                                                  $131,930.87

  1. Assessor     0137       Salary      $500,250.13

Maintenance                                     $112,500.00 $612,750.13                                                                                  $559,610.71

Treasurer /

  1. Collector     0138       Salary      $374,992.96

Maintenance                                     $121,900.00 $496,892.96                                                                                  $494,886.37

  1. Law            0151       Salary      $144,800.58

Maintenance                                     $118,000.00 $262,800.58                                                                                  $260,328.53

  1. Data Processing         0154       Salary      $112,000.00 Maintenance      $343,800.00

Offset Revolving                                         $0.00 $455,800.00                                                                                     $358,064.75

  1. City Clerk   0161       Salary      $291,009.73

Maintenance                                         $7,350.00

Outlays                                                        $0.00 $298,359.73                                                                              $295,225.84

  1. Election & Reg          0162       Salary      $81,943.92 Maintenance       $38,900.00

Outlays                                                        $0.00 $120,843.92                                                                              $108,166.04

License

$12,000.00

  1. Commission              0164       Salary

Maintenance                                               $0.00                                                                                   $12,000.00                                            $12,000.00

Human

  1. Resources   0170       Salary      $151,552.86

Maintenance                                         $8,600.00 $160,152.86                                                                                  $161,005.19

  1. Conservation             0171       Salary      $108,888.95 Maintenance      $5,150.00

Outlays                                                 $7,000.00 $121,038.95                                                                              $112,623.80

Planning Bd/

  1. Comm Devel             0172       Salary      $240,462.67

Maintenance                                       $61,000.00 $301,462.67                                                                                  $283,868.71

Board of

  1. Appeals      0173       Salary      $22,000.00

Maintenance                                               $0.00                                                                                   $22,000.00                                            $22,000.00

  1. Sundry Boards           0174       Maintenance          $38,700.00             $38,700.00             $37,600.00

18-

  1. Police               0210       Salary      $7,876,041.04
  2. Maintenance     $721,484.00
  3. Outlays             $10,600.00             $8,608,125.04          $8,642,224.11

24-

25          Fire         0220       Salary      $6,436,617.66 26   Maintenance              $449,244.00

  1. Outlays             $5,000.00               $6,890,861.66          $6,704,962.88

Inspection

  1. Services            0251       Salary      $483,625.86

Maintenance                                       $10,550.00

Outlays                                                        $0.00 $494,175.86                                                                              $485,480.89

Sealer of

  1. Weights            0254       Salary      $15,848.56

Maintenance                                            $500.00                                                                                   $16,348.56                                           $16,391.98

  1. Civil Defense   0291       Salary      $38,390.86

Maintenance                                               $0.00                                                                                   $38,390.86                                            $39,496.04

  1. Woburn School               0300       Budget    $57,019,062.00 31      Northeast               0301       Budget    $1,786,672.00 Regional

Essex North

Shore

Agricultural &Technical

  1. School District           0302       Budget    $176,301.00

$58,982,035.00                                                                                                                                                          $56,039,395.00

  1. Engineering               0410       Salary      $286,756.72 Maintenance      $22,500.00

Outlays                                               $14,900.00 $324,156.72                                                                              $368,033.21

33-

36 Public Works 0411 Salary $2,226,295.00 37 Public Works 0412 Administration $16,000.00 37 Public Works 0414 Tree Moth $26,500.00 38 Public Works 0417 Street Maint $409,000.00 39 Public Works 0418 Snow Remove $279,000.00 39 Public Works 0419 Traffic Control $82,900.00 39 Public Works 0420 Street Lighting $215,000.00 40 Public Works 0421 Repair & resur $0.00 40 Public Works 0422 Sidewalk Rep $0.00 40 Public Works 0424 Comm. Events $14,000.00 40 Public Works 0425 Bridge Repair $0.00 40 Public Works 0426 Fence Repair     $0.00 41 Public Works 0428 City Garage $0.00 41 Public Works 0429 Telephone $2,000.00

  1. Public Works             0430       Gas  &  Oil             $272,000.00 42      Public Works     0432       Trucks & equip      $220,000.00
  2. Public Works             0435       Public building       $365,000.00

Total Public

  1. Works              Budget    $4,127,695.00        $4,180,469.98
  2. Cemetery          0490       Salary      $397,997.15
  3. Maintenance     $0.00
  1. Outlays             $0.00      $397,997.15           $407,353.54
  2. Board of Health               0512       Salary      $374,479.60
  3. Maintenance     $43,550.00

Rubbish

  1. Removal           0495       Maintenance          $3,024,000.00          $3,442,029.60        $3,479,333.73

Council on

  1. Aging               0541       Salary      $229,284.80

Maintenance                                       $67,421.00 $296,705.80                                                                                  $288,198.64

Veterans

  1. Benefits            0543       Salary      $98,674.89

Maintenance                                         $2,500.00

Benefits                                            $285,000.00 $386,174.89                                                                               $375,310.82

  1. United Veterans               0544       Maintenance          $11,200.00             $11,200.00             $10,850.00 53          Public Library        0610       Salary      $912,698.00
  1. Maintenance     $227,128.00

$1,139,826.00                                                                                                                                                            $1,112,997.74

  1. Recreation        0620       Salary      $131,867.82

55                                                                             Programs                                            $89,320.00

56-

  1. Maintenance     $80,140.00             $301,327.82          $288,382.10
  2. Parks 0630       Salary      $368,137.71 59      Maintenance          $124,650.00
  3. Outlays             $0.00      $492,787.71           $486,507.45

Historical

  1. Comm.             0650       Maintenance          $500.00          $500.00 $500.00

Handicap

  1. Commission     0660       Maintenance          $500.00          $500.00 $500.00

Biotech

  1. Commission     0670       Maintenance          $500.00          $500.00 $500.00

Agricultural

  1. Commission     0675       Maintenance          $1,000.00          $500.00 $500.00

Traffic

  1. Commission     0640       Maintenance          $750.00          $750.00 $750.00

Human Rights

  1. Commission     0685       Maintenance          $1.00      $1.00          $1.00

Historical

District

  1. Commission     0690       Maintenance          $1.00      $1.00          $1.00
  2. Maturing Debt 0710       Principal $1,545,000.00

Interest                                             $686,198.17                                                                             $2,231,198.17                                       $2,281,041.92

Interest Temp

  1. Loans               0715       Interest    $150,000.00          $150,000.00           $125,000.00

Woburn

  1. Retirement        0970       Salary&Maint         $6,097,347.00          $6,097,347.00        $5,778,600.00

Non

Contributory

  1. Pensions           0970       Salary      $3,906.31          $3,906.31               $3,906.31
  2. Unemployment 0980       Maintenance          $50,000.00          $50,000.00             $100,000.00
  3. Insurance         0980       Maintenance          $19,028,851.53          $19,028,851.53      $18,667,162.88

$8,173,728.74

$9,891,466.94

$1,486,485.78

$120,565,519.71 $116,399,792.02
$18,065,195.68 $17,948,788.23
$19,551,681.46 $18,065,195.68 $17,948,788.23
  1. Medicare Tax   0980       Maintenance          $800,000.00          $800,000.00           $750,000.00 TOTAL GENERAL FUND BUDGET

74-

75        Water & Sewer Enterprise Fund Budget

76-

79                                             Water = 0450

80-

84                                             Sewer = 0440

Direct Charges to Enterprise

Fund

Indirect Charges Reflected in

General fund Total Enterprise Fund Budget

Grand Total Fiscal

Unsupported image type.                                                  2017 Budget                                                                                  $138,630,715.39                                               $134,348,580.25

 

 

s/President Haggerty

 

Motion made and 2nd that the document be accepted and the MATTER be REFERRED TO COMMITTEE ON FINANCE, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

 

*************************

                   ORDERED    That the sum of $725,000.00 be and is hereby appropriated from

BLS/Ambulance Receipts Acct #31359-595000 $725,000.00 to Fire

Salary Acct #0122051-511000 $635,000.00, Fire Ambulance Salary Acct

#0122051-511500 $50,000.00, Fire/Overtime Acct #0122051-513100

$25,000.00, Ambulance Maintenance Acct #0122054-544300 $15,000.00, Total $725,000.00

 

I hereby recommend the above. s/Scott D. Galvin, Mayor

I hereby approve the above: s/Timothy Ring, Chief Fire Department                   I have reviewed the above: s/Charles E. Doherty, City Auditor

 

s/President Haggerty

 

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

 

*************************

                   ORDERED         That the sum of $23,500.00 be and is hereby transferred as so stated from

Inspectional Services Salary Acct #0125151-511000 $23,500.00 to

Mayor Capital Outlay, Color Copier Scanner Acct #0112158-586528

$10,500.00, File Cabinets Acct #0112158-586648 $3,389.70, Desktop

Computers/Software Acct #0112158-586527 $4,638.88, Building Code Books Acct #0112158-586672 $4,971.42, Total $23,500.00

 

I hereby recommend the above. s/Scott D. Galvin, Mayor                 I hereby approve the above: s/Thomas C. Quinn, Jr.,

 Building Commissioner

                                           I have reviewed the above: s/Charles E. Doherty, City Auditor

 

s/President Haggerty

 

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

 

*************************

ORDERED     That the sum of $2,135,000.00 be and is hereby transferred as so stated from Unreserved Fund Balance Acct #01-356000 $2,135,000.00 to Various Capital Projects (see attached breakdown) $2,135,000.00: Council on Aging, Handicap Van $45,000.00; City Council, AC/Repairs City Council Chambers and Committee Room $35,000.00; DPW, 2 Dump

Trucks $380,000.00, Vehicle 3/4 Ton Pickup $45,000.00; Engineering,

Complete Street Software $75,000.00; Parks/Rec, Gonsalves Park

Upgrade Parking Lot $32,000.00, 72” Reel Cut Mower $38,000.00;

School Dept., Replace Roof at Joyce Middle School $1,100,000.00; Fire

Dept., SUV Vehicle $40,000.00, Roof Station One, Doors, Windows, & Lights $50,000.00; Police Dept., Ballistic Vests $30,000.00, Locker and

Cell Block Upgrade $20,000.00, 4 Cruisers $160,000.00; City Hall, Repave parking lot $85,000.00, Total $2,135,000.00

 

I hereby recommend the above. s/Scott D. Galvin, Mayor

I have reviewed the above: s/Charles E. Doherty, City Auditor

 

s/President Haggerty

 

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

_________________________

 

PUBLIC HEARINGS:  

 

On the petition by NSTAR Electric Company dba Eversource Energy for a grant of right in a way to install approximately 1563 feet of conduit in Presidential Way easterly from MH30183 (new MH) approximately 498 feet east of Woburn Street and to install three new manholes MH30183, MH30184 and MH30185. PUBLIC HEARING OPENED. A communication dated May 17, 2016 was received from Superintendent of Public Works John Duran as follows:

Subject: Eversource – Presidential Way

 

I have spoken to Eversource personnel as well as the general contractor. I have explained to them both the information that I am looking for so. I have done so with Eversource repeatedly for over six months. I can not recommend approval on this project until I have said information due to the complex infrastructure within the roadway that could be jeopardized if construction is permitted without following this procedure. Please feel free to call me with any questions on this matter.

 

Jay Duran

 

No one appeared for the petitioner. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JUNE 21, 2016, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

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On the petition by Shell Tech Works, 281 Albany Street, Cambridge, Massachusetts

02139 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.41 to install a 20 foot high 8 foot by 8 foot data collections structure on secure footings and equipment shelter to store computers for data collection at 2 Gill

Street. PUBLIC HEARING OPENED. A report was received from the Committee on

Special Permits as follows: “ought to pass, as amended with the conditions as follows: 1. That the plan of record be the plan entitled ‘Plot Plan, 2 Gill Street, Woburn, Mass.’ prepared by Edward J. Farrell, Professional Land Surveyor, dated December 21, 2015, revised January 19, 2016, revised May 9, 2016 received in Committee on Special Permits May 9, 2016, and 2. That all equipment shall be removed from the site on or before December 31, 2019. ” Appearing for the petitioner was Jerry Earl of Speed Tech Works and he stated that the plan of record has been revised through May 12, 2016. Motion made and 2nd that the plan entitled ‘Plot Plan, 2 Gill Street, Woburn, Mass.’ prepared by Edward J. Farrell, Professional Land Surveyor, dated December 21, 2015, revised January 19, 2016, revised May 12, 2016 be accepted and made part of the record, 8 in favor, 0 opposed, 1 absent (Tedesco absent). PUBLIC COMMENTS: None. Motion

made and 2nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (Tedesco absent). PUBLIC HEARING CLOSED. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the plan of record revised May 12, 2016 and with Committee on Special Permits and Planning Department recommendations adopted as conditions as follows: 1. That the plan of record shall be the plan entitled ‘Plot Plan, 2 Gill Street, Woburn, Mass.’ prepared by Edward J. Farrell, Professional Land

Surveyor, dated December 21, 2015, revised January 19, 2016, revised May 12, 2016; 2.

That all equipment shall be removed from the site on or before December 31, 2019; 3. That prior to receiving a building permit, the petitioner shall receive all licenses of approval from pertinent agencies (e.g., FAA); 4. That this special permit shall be nontransferrable, but shall include Shell Tech Works, its affiliates and subsidiaries; 5. That the trailer shall be stored within the outside storage area as shown on the plan and shall not be used for sleeping or dwelling purposes; 6. That when the data collection structure and accessory trailer are no longer in use for the purpose intended in the special permit application, Shell Tech Works agrees to remove the data collection structure and accessory trailer within ninety (90) days; 7. Pursuant to Note 24 to the 5.1 Table of Use Regulations in the 1985 Woburn Zoning Ordinances, as amended, the petitioner shall verify that the research and testing device use is not classified as “BL3” or “BL4” by the NIH Guidelines promulgated in the Federal Register on May 7, 1986; 8. There shall be no advertising on said data collection structure of any kind, including the use of company logos and other kinds of signage; and 9. That mandatory government signage, such as that required by the Federal Aviation Administration (FAA) and the FCC Federal Communications Commission (FCC), and site level emergency signage, as required by the Carriers and the Petitioner, shall be permitted, 7 in favor, 1 opposed (Anderson opposed), 1 absent (Tedesco absent).

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On the petition by Allan Danley, Food Truck Builders Group, 2 Draper Street, Unit 1,

Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.57B to allow overnight parking of two (2) commercial vehicles at 2 Draper Street. PUBLIC HEARING OPENED. Appearing was the petitioner Allan Danley and he offered a plan entitled “Proposed Commercial Parking

– 2 Draper Sreet” prepared by Stephen M. Melesciuc, Professional Land Surveyor dated December 10, 2015 for the City Council to review. Motion made and 2nd that the document be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Tedesco absent). President Haggerty stated that the City Council wanted the plan to show where the tenants park their vehicles. Mr. Danley stated that there are six condominiums with no real employees, that he understands what is sought by the City Council but the issue is parking two trucks overnight when no one is no site, that this plan is different than the plan presented in November 2015, and that the plan shows the parking spaces but not the designated parking for the units. Alderman Gately stated that the vehicles park in front of the doors. Mr. Danley stated that he is not aware of a regulation that states the tenants cannot park in front of their garage doors, that there is a welding shop that has two doors, a promotions company, an aerospace company, a construction company and his company on site, that the companies are not actively using the doors, that one of the company doors has not opened in over a year, that he is trying to satisfy the requirement about where the trucks will be located, that he is willing to park vehicles at the rear of the property so that the trucks are not visible, that all the parking spaces along the front of the building on Draper Street are for his company, that the plan was prepared for the landowner by the surveyor, that the landowner is willing to allow the petitioner to park two trucks in the rear parking spaces overnight, and that signs will be posted indicating that vehicles be parked in the rear parking spaces overnight. Alderman Concannon stated that usually these type of petitions involve the petitioner parking its trucks on site overnight but that this petition involves the petitioner’s customer’s trucks. Mr. Danley stated that if he cannot have the outside parking to meet his customers needs he will have to park vehicles inside, that he does not perform mechanical work, that he does interior work for the food truck, that he does not do mechanical work such as transmission, tires, oil or engine repairs, that the repairs are to the kitchen equipment in the truck, that his hours of operation are from 5:00 a.m. or 6:00 a.m. to 4:00 p.m. or 5:00 p.m., that he has room to park two to three trucks inside depending upon the size of the trucks, and that he tries to park the vehicles in the building. Alderman Mercer-Bruen stated that she receives calls from constituents about this business during early hours of the day, that the petitioner cannot have trucks parked overnight at the site because of the cease and desist order, that that petitioner is responsible for several fines because he has not been in compliance with the cease and desist order, that specific information has been requested from the landowner, and that the petition should be sent to committee to review the information requested from the landowner. Alderman Gately read a letter dated November 2015 from the Building Commissioner to the landowner about vehicles being parked overnight on the locus, that the landowner is aware that vehicles cannot be parked onsite overnight without a special permit, and that the landowner has put the petitioner in the position that he is. Mr. Danley stated that not all of the parking spaces are marked on the ground to match the plan, that there are two dumpsters onsite at the moment, and that one of the dumpsters is for cardboard and one of the dumpsters is for refuse. President Haggerty asked whether the location of the dumpsters takes up any of the parking spaces shown on the plan. Mr. Danley stated that the dumpsters do take up parking spaces but do not impact parking vehicles overnight, that there is a trailer parked where snow storage is marked on the plan, that if the dumpsters and trailers are moved there will be empty spaces that will not be used anyway, and that the lot is mostly deserted in the day and is deserted at night. Alderman Campbell stated that a place for the trucks has to be located that will not impact the neighbors. Alderman Mercer-Bruen stated that the noise from the business is what caused the concerns initially. Mr. Danley stated that he has been located at the site for just over one year. President Haggerty stated that he wants the petitioner to file a plan the designates each parking space to a unit and that complies with the zoning ordinances. Mr. Danley stated that he can provide such a plan. Alderman Anderson stated that the City Council must be certain that there is sufficient parking on the lot for all of the tenants in order to grant the special permit. President Haggerty stated that the plan has to comply with zoning requirements. Mr. Danley stated that it appears the intent of the City Council is to have the whole parking lot striped with handicapped parking signs and that he will speak to the landowner about these concerns. President Haggerty stated that the parking spaces should be marked and the location of the dumpster reflected on the plan. PUBLIC COMMENTS: Cindy Nickerson, 31 Nashua Street stated that she understands that there has to be a five foot buffer around all sides of a commercial parking lot, that there are trucks on site all day, that pallets block access of emergency vehicles, that there are trucks outside the building every night, that there are food trucks on the locus every night of the week, that there is at least one food truck outside the building every night, and despite the fact that the city ordered the petitioner not to park vehicles on the locus the petitioner continues to do so. Motion made and 2nd to close the public hearing, ROLL CALL: Anderson – Yes, Campbell – No, Concannon – No, Gaffney – Yes, Gately – Yes, Higgins – No, Mercer-Bruen – Yes, Tedesco – Absent, Haggerty – No, Motion Fails. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE

REGULAR MEETING OF THE CITY COUNCIL ON JUNE 7, 2016 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

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Motion made and 2nd for a two minute recess, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

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President Haggerty called the meeting back to order.

 

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On the petition by Mahavir Realty Trust, 42 Stillman Road, Lynnfield, Massachusetts

01940 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.7.6, 7.3 and 13.5 to allow for the alteration of the existing nonconforming structure to provide for 1. Office building containing approximately 1,200 square feet more or less; 2. Alterations to the petitioner’s nonconforming signage, and 3. Exception to landscaping and area requirements to provide for alternative screening devices, at 546 Main Street. PUBLIC HEARING OPENED. A communication dated May 11, 2016 was received from Dan Orr, Planner, Woburn Planning Board as follows:

 

Re:  Planning Department comments on special permit application for 546 Main Street/Mahavir Realty Trust

 

Dear Honorable Council:

 

The Planning Department has reviewed the above-referenced petition submitted for property at 546 Main Street, which petition seeks approval to allow for the alteration of an existing non-conforming structure to provide for (1) an office building containing approximately 1,200 square feet more or less; (2) alterations to the Petitioner’s nonconforming signage; and (3) exception to landscaping and area requirements to provide for alternative screening devices. The property is classified as being in a MixedUse (S-1) Zoning District.

 

Generally speaking, the information provided with this application is limited so the Department is unable to provide a thorough recommendation.  Some thoughts and questions are outlined below.

 

A modification to a pre-existing non-conforming use requires a Special Permit per Section 7.3 of the Woburn Zoning Ordinances, as amended.  The Petitioner is requesting a finding from the City Council that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. However, the application does not explain the nature of the proposed change/extension/alteration of the building or use.

 

The application notes that the proposed use will be office space.  The City Council should confirm whether the office space will be a medical office.  If the proposed use is not a medical office, there are sufficient spaces on site to meet the requirements of zoning.  If the proposed use is a medical office, the number of employees should be limited to three.  A “medical office” use requires four (4) spaces for every office plus one (1) space for every three (3) employees, and the proposed site plan shows five (5) spaces.   Additionally, if the building will be used for medical offices, site plan review in accordance with Section 12 of the Zoning Ordinance is also required.

 

The tenant has proposed an area for snow storage, although a trash storage area and stormwater infiltration (if any) is not depicted on the plot plan.

 

The non-conforming aspects of the plan (i.e., lot area, lot coverage, open space, side setback and rear setback) apparently will remain the same; the Department recommends the lot coverage and open space calculations be included on the plan.

 

Information regarding the intended alterations to the building’s signage (e.g., change in sign height, location, dimensions, etc.)  has not been submitted with the Petitioner’s application, which precludes Planning staff’s ability to comment on that aspect of the application.

 

With regard to the request for an exception to Section 5.7.6 (Buffer Requirements), the ordinance seems to apply only in cases where a Mixed-Use or Business district adjoins a Residential district.  Planning staff reviewed the zoning designation of all adjacent properties and found none.  As a result, Planning staff recommends the Council verify with the Director of Municipal Inspections that the buffer requirements of Section 5.7.6 will in fact apply to this property.

 

Additional questions include the following:

 

  • What is the nature of the 9’ wide easement, and is it appropriate to have landscaping within it?

 

  • What exterior lighting will be provided and how will it be shielded from abutting properties and public ways?

 

  • Does this property meet the loading requirements specified in the Zoning Ordinance and if not, is it “grandfathered”?

 

  • Would the owner be willing to reduce the number of curb cuts to this property?  There are three (3), and at least two (2) are non-conforming with respect to minimum distances between driveways.

 

If the City Council ultimately grants the Special Permit, the Planning Department recommends the Council consider imposing at least the following as conditions of approval:

 

  • The Plan of Record for this petition shall be “Plot Plan for 546 Main Street, Woburn,

MA; Prepared by Edward J. Farrell, Professional Land Surveyor, 110 Winn Street, Suite 203, Woburn, MA. (781) 933-9012;  dated March 21, 2016; and

 

  • The Special Permit be issued to Mahavir Realty Trust only and shall not be transferrable.

 

If you have any questions or comments, please do not hesitate to contact me.

 

Respectfully, s/Dan Orr, Planner

 

Appearing for the petitioner was Attorney Derek Rodman, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and stated that the petitioner requests to withdraw the special permit pursuant to Section 5.7.6 Exception to landscaping and area requirements to provide for alternative screening devices because the property does not abut residential property, that the lot area is 7,555 square feet rather than the required 12,000 square feet, that there is 19% minimum open space rather than the required 40%, that side setback is 9 feet rather than the required 25 feet, that the rear setback is 10.4 feet rather than the required 30 feet, that the building was constructed before the 1985 revisions of the Zoning Code, that the building was used for auto repair and as a glass store, that the property has been vacant for about ten years, that the proposed use is allowed by right but the structure is nonconforming and therefore a special permit is required, that there are five parking spaces provided but four required, that the use is not substantially more detrimental, that the building will be converted to an office use and marketed to the public, that he is not certain who owns the fence, and that there is no plan to remove the curbcut. Attorney Rodman offered a revised plan entitled “Plot Plan for 546 Main Street, Woburn, MA; Prepared by Edward J. Farrell, Professional Land

Surveyor, dated March 21, 2016, revised May 17, 2016 and a plan entitled “Proposed

Alteration Floor Plan, 546 Main Street, Woburn, MA 01801” prepared by Gilberto Jimenez, dated 01/02/2016 for the City Council to review. Alderman Gately stated that he is familiar with the location, that the property has been vacant for too long, that the proposed use may improve the neighborhood, that the petitioner will have to be certain that utilities to the property are adequate, and that the proposed use is probably one of the best used proposed for the property. Alderman Anderson stated that he is concerned about the proposed snow storage area, and that the use as a small office will fit in the neighborhood. Alderman Concannon stated that the proposed use will be an improvement and not be detrimental, and that he believes that it would be beneficial to reduce the curb cuts. President Haggerty stated that he would also support removing one or two of the three curb cuts. Motion made and 2nd that the documents be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Tedesco absent). PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE

REGULAR MEETING OF THE CITY COUNCIL ON JUNE 21, 2016 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

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On the petition by Christopher Keane, 3 Hope Lane, Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.56 to allow enlargement of garage to 1,056 square feet with doors not exceeding eight feet in height at 3 Hope Lane. PUBLIC HEARING OPENED. A communication dated May 10, 2016 was received from Dan Orr, Planner, Woburn Planning Board as follows:

 

Re: Special Permit application for construction of residential garage to exceed 900 sq. ft.   in size at 3 Hope Lane/Christopher Keane (owner and applicant)

 

Dear Honorable Council:

 

This office has reviewed the above-referenced petition which seeks authorization for the construction of a 2-bay attached garage at this residential property.  The applicants are seeking a Special Permit in accordance with Section 5.1.56, Note 15, because the newlyconstructed attached garage will be larger than 900 sq. ft. in size (1,056 sq. ft.).  However, the garage doors will not exceed 8-feet in height.

 

The Planning Department recommends that the City Council consider imposing the following as conditions of approval of this petition:

 

  1. That the Plans of Record shall be ‘The Keane Residence, 3 Hope Lane, Woburn, Mass., Garage Addition; Scale: as noted; dated March 10, 2016; Prepared by PEDA, Inc. Consulting Engineers, Pembroke, MA 02359 (781)-335-1880;” AND

 

  1. No business activity or home occupation shall be conducted in/from the garage.

 

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

 

Respectfully, s/Dan Orr, Planner

 

Appearing was the petitioner Christopher Keane and he stated that he will construct a new 1,056 square foot garage to house his cars, that the garage will be two cars wide and two cars deep, that he has a collector car and a motorcycle to store, that he has no exceptions to the Planning Department recommendations, that there will be a mudroom and a breezeway, that he is trying to remove the boat from the site, that the garage will be 28 feet in height, that the upstairs will be unfinished at this time with no rentals, and that he will remove the existing driveway and add a berm with loam. Alderman Higgins stated that she wanted assurances that there would be no tenants in the garage and that the driveway to the right of the property be removed. PUBLIC COMMENTS: None. Motion

made and 2nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (Tedesco 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 Department be adopted as conditions of the special permit, and 2. That the petitioner shall remove the existing driveway to the east of the property and install a berm at the curb cut, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

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On the petition by Bulbs and Lamps Corp., 75 Stockwell Drive, Avon, Massachusetts

02322 for special permits pursuant to Sections 7.3 of the 1985 Woburn Zoning Ordinances, as amended, and modification of a special permit issued January 12, 2011 to allow for: 1. A retail store in Unit 2 consisting of approximately 21,971 square feet of net floor area, and 2. To provide for 232 parking spaces, at 335 Washington Street. PUBLIC HEARING OPENED. A communication dated May 12, 2016 was received from Dan Orr, Planner, Woburn Planning Board as follows:

 

Re:  Planning Department comments on special permit application for 335 Washington Street/Bulbs and Lamps Corp.

 

Dear Honorable Council:

 

The Planning Department has reviewed the above-referenced petition submitted by Bulb and Lamps Corp., which requests approval of a modification to a previous Special Permit  that allowed for the alteration of the pre-existing non-conforming use and structure (shopping center).  The shopping center contains approximately 53,379 square feet of gross floor area and the applicant is currently seeking approval for tenancy of Unit #2.

 

A previous special permit was issued by the Council in 2011 because the shopping center is a pre-existing non-conforming use.  The earlier special permit allowed for (1) a 7,000 sq. ft. automotive parts store in Unit #3, (2) the overnight parking of no more than four (4) commercial vehicles in association with the automotive parts store, and (3) providing 221 parking spaces on site.  The pending special permit application seeks approval of (1) a retail store in Unit #2 consisting of approximately 21,971 square feet of net floor area and (2) to provide 232 parking spaces on site, all as shown on the plan filed with the Petition. The property is in the Office Park (O-P) zoning district.

 

Based on the square footage allocated to commercial and warehouse space, a total of 223 parkings spaces are required.  Accounting for the four (4) commercial vehicles previously authorized, the total number of required parking spaces is actually 227.  The number of parking spaces to be provided on-site (232) exceeds that number.  However, the applicant’s attorney was not able to verify whether the proposed tenant for Unit #2 is also seeking permission to park commercial vehicles on-site as part of the pending request.  The Council should determine the answer to that question and if overnight parking for more commercial vehicles is being requested, that should be incorporated into the request and the parking calculations refigured.

 

The Planning Department learned from the applicant’s attorney that the tenant will conform to the same of the hours of operation (Monday through Saturday from 8:00 am to 9:00 pm and Sunday from 9:00 am to 6:00 pm) that were previously imposed on the tenant of Unit #3.  In addition, stormwater infiltration, snow storage, trash storage (to fit within the same fenced enclosure) and the non-conforming features of the site

(landscaped usable open space and floor-to-area ratio [FAR]) will also remain the same.

 

If the City Council grants the Special Permit, the Planning Department recommends the City Council consider imposing the following as conditions:

 

  • That the parking calculation on the plan be revised to incorporate (a) the four (4) additional parking spaces needed for Unit #3’s authorized commercial vehicles, and (b) any spaces that may be needed for commercial vehicles associated with Unit #2;

 

  • The Plan of Record for this petition shall be “Site Plans Prepared for Avenue Management, LLC, 237 Lexington Street, Woburn, Massachusetts 01801; Prepared by Dana F. Perkins, Inc. Consulting Engineers & Land Surveyors, 1049 East Street, Tewksbury, MA 01876; Sheet 1, Dated April 11, 2016; Project No. 50765 2016-EX”;

 

  • The Special Permit be issued to Bulbs and Lamps Corp. only and shall not be transferrable; AND

 

  • That all other conditions of the January 12, 2011 Special Permit decision shall remain in full force and effect unless modified by this decision.  However, the Department is not recommending re-imposition of Condition #3 of the January 12, 2011 decision regarding the Planning Board’s jurisdiction over landscaping, per the opinion of City Solicitor Ellen Callahan Doucette that the Council, as the Special Permit granting authority, may not impose conditions upon the grant of a Special Permit which delegate matters that belong to the Council to another board.

 

If you have any questions or comments, please do not hesitate to contact me.

 

Respectfully, s/Dan Orr, Planner

 

Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and stated that the petitioner proposes to use a portion of the Staples building for a lighting showroom with 232 parking spaces, that the property is located in the O-P zoning district, that on August 7, 1961 a building permit was issued to allow an office and warehouse at the locus, that on August 26, 1986 a permit was granted for a business service use for Staples at the locus, that on February 21, 1992 a permit issues for business use and service for CompUSA at the locus, that on April 3, 1992 a parking plan was approved for the use by the Building Commissioner, that on November 20, 2003 Section 5.1.27 was amended to exclude retail sales from the term business sales establishment, that Staples and CompUSA originally mostly serviced businesses but evolved to include retail sales, that when the zoning code was amended the businesses became nonconforming, that the unit is approximately 21,971 square feet in area, that 223 parking spaces are required for all of the uses, that there will be no overnight parking of commercial vehicles at the locus, that the hours of operation will be Monday through Saturday 9:00 a.m. to 9:00 p.m. and Sunday 9:00 a.m. to 6:00 p.m., and that the secondary curb cut to the locus is used primarily for employee parking and loading. Attorney Tarby offered the following proposed conditions to the City Council for review:

 

  1. The Petitioner shall construct and improve the Site as substantially described in the plans submitted with the Petition for Special Permit entitled:  “Proposed Parking Plan, 335 Washington Street, Woburn, Massachusetts dated April 11, 2016 prepared by Dana F. Perkins, Inc., 1049 East Street, Tewksbury, Massachusetts 01876 (hereinafter the “Site Plan”) although design adjustments and modifications generally associated with:  (i) preparing so-called “working drawings” or (ii) site conditions

shall be permitted so long as such changes do not constitute substantial changes from said plans as determined by the Building Commissioner.  In the event that the Building Commissioner determines that the building plans filed with the building permit application are not in substantial conformance with the Site Plan, the Petitioner may request a review of said plans by the City Council Special Permits Committee who shall make a final determination.  If the Special Permits Committee makes a determination that the proposed plans are not in conformance with the Site Plan, the Petitioner shall be required to file a Special Permit Petition seeking approval to modify the Site Plan.

  1. That the handicapped parking spaces as shown on the Plan shall meet all local, state and federal handicap code requirements.
  2. The hours of operation shall be limited to 9:00 a.m. – 9:00 p.m. Monday – Saturday and 10:00 a.m. to 6:00 p.m. on Sundays.
  3. The Special Permit be issued to Bulbs and Lamps Corp. only and shall not be transferrable.
  4. That all other conditions of the January 12, 2011 Special Permit decision shall remain in full force and effect unless modified by this decision. However, the Department is not recommending re-imposition of Condition #3 of the January 12, 2011 decision regarding the Planning Board’s jurisdiction over landscaping, per the opinion of City Solicitor Ellen Callahan Doucette that the Council, as the Special Permit granting authority, may not impose conditions upon the grant of a Special Permit which delegate matters that belong to the Council to another board.

 

Motion made and 2nd that the document be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Tedesco absent). John Paul Martignetti stated that the landowner owns a number of buildings in the city, that they purchased the locus at the end of 2015, that the will improve the exterior appearance of the building, that the rendering submitted is a draft exterior plan, that the petitioner is locating in multiple locations in eastern Massachusetts, that they are continuing to work to refine the exterior plans, that the petitioner is looking to move forward quickly and therefore the exterior plans are not ready, that the site has been operational for over twenty years, that the traffic issues on Washington Street are known to the petitioner, that the draft exterior rendering is the ninth draft version, that the petitioner is a low traffic use, that the business is similar to a living catalogue, and that the location allows customers to see the products in person. Mr. Martignetti offered a documents entitled “Concept Elevation, 335 Washington Street, Elevation Studies” dated May 06, 2016 and photographs of other buildings owned by the landowner in the city for the City Council to review. Motion made and 2nd that the documents be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Tedesco absent). Robert Krentzman, Vice President of Operations for Bulbs and Lamps Corp. stated that 50% of their business is retail and 50% is wholesale, that the wholesale will come through their Canton, Massachusetts location and be delivered to the buyer, and that a small portion of the store will be used as storage for the showroom but most shipments will originate at the Canton location. Alderman Gately stated that the landowner does outstanding work and spares no expense in improving buildings. Alderman Mercer-Bruen stated that she is concerned that the finished exterior plan has not been finalized, and that she would like assurance of what the exterior improvements will be. President Haggerty stated that the landowner’s work is high quality. Alderman Concannon stated that Washington Street is a very busy street, that he thought this matter would go to committee, that he is concerned about the secondary curb cut, and that the city should reduce curb cuts and access points wherever possible. PUBLIC COMMENTS: None. Motion made and 2nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (Tedesco absent). PUBLIC HEARING CLOSED. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the

conditions as follows: 1. That the five proposed conditions be adopted as conditions of the special permit, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

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On the petition to amend the 1985 Woburn Zoning Ordinances, as amended, by adding a new Section 27 entitled Technology and Business Mixed Use Overlay District (TBOD), by amending Section 6.1 Table of Dimensional Regulations, by adding the definition for Adult Day Care to Section 2 Definitions, and by amending the definitions for Research and Testing Laboratory and Biomedical Facility in Section 2 Definitions as set forth in the Journal of the March 15, 2016 Regular Meeting of the City Council. PUBLIC HEARING OPENED. A communication dated May 11, 2016 was received from Tina P. Cassidy, Planning Director, Woburn Planning Board as follows:

 

Re:  Proposed zoning amendment to adopt a new zoning overlay district Section 27, entitled “Technology and Business Mixed-Use Overlay District (TBOD) and related amendments”/Alderman Anderson

 

Dear Mr. Campbell:

 

At a meeting of the Planning Board held on Tuesday, May 10, 2016 members of the Planning Board voted (5-0-0) to continue the public hearing and discussion on the aforementioned zoning amendment to the Board’s meeting on Tuesday, May 24, 2016.

 

If you have any questions, please do not hesitate to contact me.

 

Respectfully, s/Tina P. Cassidy, Planning Director

 

Motion made and 2nd that the communication be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Tedesco absent). PUBLIC COMMENTS: Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 stated that he represents Legatt McCall Properties, and offered a memorandum entitled “Proposed Technology and Business Mixed Use Overlay District (‘TBOD’) date May 17, 2016 with attachments for the City Council to review. Motion made and 3nd that the documents be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Tedesco absent).Chris Owen, 3 Florence Terrace stated that this is a city wide zoning change with impact beyond the former Kraft Food property, that there are five overlay districts in the city, that this is the only overlay district other than the Groundwater Protection District which is not geographically limited, that this overlay district can be used wherever ten acres of land can be combined, that this ordinance would take precedence over other zoning code provisions when applied, that it is not clear why ten acres is considered as suitable, that this ordinance has been expanded from intending to address the former Kraft Food site and is more broad based, and that it has been stated that the intended areas include the former Kraft Food site, Commerce Way and the downtown but the ordinance is not limited to those areas. Tim Swain, 29 Dragon Court stated that he is concerned about the zoning amendment. Motion made and 2nd that the

PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON JUNE 21, 2016, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

_________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

COMMITTEE REPORTS:

 

FINANCE:

 

On the Order to transfer the sum of $3,000.00 from Library/Telephone Acct to Library/Heat Acct, committee report was received “ought to pass.” Motion made and 2nd that COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

Presented to the Mayor: May 19, 2016         s/Scott D. Galvin May 19, 2016

 

************************* PUBLIC SAFETY AND LICENSES:

 

On the petition by Mourad Djiar dba ABCE Taxi of Woburn for renewal of a Taxi Cab

License, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

Presented to the Mayor: May 19, 2016         s/Scott D. Galvin May 19, 2016

 

************************* LIAISON:

 

On the Order to initiate the process to aggregate electricity load of the residents and businesses in the City and for other related services, 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: May 19, 2016         s/Scott D. Galvin May 19, 2016

 

************************* ORDINANCES:

 

On the Order to amend the 1989 Woburn Municipal Code, as amended, by deleting

Section 8-7 Fire Prevention Code and Section 15-10 Automatic sprinklers and alarm systems Regulations, 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: May 19, 2016         s/Scott D. Galvin May 19, 2016

 

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On the Order to authorize the Mayor to acquire an interest land along the former railroad right of way known as the “Stoneham Branch” and abutting properties for establishing a rail trail, 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: May 19, 2016         s/Scott D. Galvin May 19, 2016

 

************************* LIAISON:

 

On the Woburn Housing Production Plan, committee report was received “Back for action, with the following amendments:

 

  1. On page 74, to change the words “Allow multi-family” under “Regulatory Framework” to “Consider allowing multi-family”;
  2. On page 74, to change the words “Re-use of Clapp School and the Wyman School may be good sites” under “Are there specific opportunities available to advance these housing goals” to “Re-use of the Wyman School may be a good site”;
  3. On page 82, to change the words “Increase affordable unit” under “Action Plan” to “Consider increasing affordable unit”;
  4. On page 82, to change the words “Ensure that all housing” under “Action Plan” to

“Consider revising the existing Affordable Housing provision to ensure”;

  1. On page 82, to change the words “Incentivize on-site production” under “Action Plan” to “Consider incentiving on-site production”;
  2. On page 83 in the first full paragraph above “Action Plan”, to add after the words “long term goal for the City” the words “; however, it has been discussed in-depth at least twice in recent years and determined to be unnecessary given current zoning rules that permit most additions and State regulations that allow more than one kitchen.”;
  3. On page 83 in the first full paragraph above “Action Plan”, to strike the third sentence and insert in its place the following “ADUs provide options to provide supportive living arrangements for people with special needs and the elderly, and may provide a more affordable housing option for households with lower incomes.”;
  4. On page 83, after the word “Identify” and before the words “appropriate zoning districts” under “Action Plan” add the word “potentially”;
  5. On page 84, to change the words “Amend Section 2 Definitions” under “Action Plan” to “Consider amending Section 2 Definitions”; and
  6. On page 88, to change the words “Ensure local preference” under “Action Plan” to “Consider adopting local preference”.”

 

ORDERED     That the Woburn Housing Production Plan prepared for the City of Woburn by the Metropolitan Area Planning Council with amendments through May 19, 2016 be and is hereby adopted.

 

s/President Haggerty

 

President Haggerty stated that the Planning Board will be meeting on this matter this week, and that action should be deferred until the Planning Board has met. Motion made and 2nd that the MATTER be LAID ON THE TABLE, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

Presented to the Mayor: May 19, 2016         s/Scott D. Galvin May 19, 2016

  _________________________

 

NEW PETITIONS:

 

Petition by Kelley Towncar, Inc. for renewal of Livery License for seven (7) vehicles. Motion made and 2nd that the MATTERS be REFERRED TO COMMITTEE ON

PUBLIC SAFETY AND LICENSES, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

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Petition by Woburn Cab Co. Inc. for renewal of Taxi Cab License for eight (8) vehicles. Motion made and 2nd that the MATTERS be REFERRED TO COMMITTEE ON

PUBLIC SAFETY AND LICENSES, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

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Petition by NSTAR Electric Company dba Eversource Energy for a grant of right in a way to install conduit a distance of approximately 25 feet on Dragon Court at Sutton

Place southeasterly from pole 74/9. Motion made and 2nd that the MATTER be

REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

 

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Petition by NSTAR Electric Company dba Eversource Energy for a grant of right in a way to install conduit a distance of approximately 30 feet on Dragon Court at Sutton Place northerly from pole 74/5. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

 

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Petition by Houng Vong and My Thi Vong, 6 Albany Street, Woburn, Massachusetts

01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1 Note 15 to amend a prior special permit issued September 24, 2015 to allow for an oversized garage to reference a revised set of plans showing the height of the

garage to be 2.3 feet higher than previously approved at 6 Albany Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

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Petition by Lannan Family, LLC, 831 Rogers Street, Lowell, Massachusetts 01852 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.45, 5.1.72, 8.3 and 15.6.C.iv to allow change in use from residential to sales of automobiles and trucks, to expand parking area to serve car dealership on separate lot located not more than 500 feet from property, and property is located within Zone II of the Groundwater Protection Overlay District with the lot currently having and proposed to have more than 15% of the lot covered by impervious surfaces, at 12 Harrison Avenue. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

 

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Petition by F.W. Webb Company, 50 Everberg Road, Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.42, 5.1.57b, 7.3, 8.25 and 12.2.4 to allow for modification of special permits issued February 10, 2005 as follows: 1. To allow for an approximately 20,523 square foot addition to existing warehouse building; 2. To allow for accessory parking of commercial vehicles; 3. To allow for reduction in required parking spaces from 135 to 92, and 4. Site plan approval to allow for increase in gross floor area for proposed addition, at 50 Everberg Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

_________________________

 

COMMUNICATIONS AND REPORTS:

 

A communication dated May 3, 2016 was received from Charles O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:

 

Council Members,

 

In accordance with Massachusetts General Laws Chapter 90, Section 20½ I am submitting the following parking ticket report. Figures cited below are for the Month of March 2016: Number of violations issued 242, Numbers of violations paid 136, Number of violations outstanding 158, Amount collected and submitted to Collectors Office $12,572.20, Parking fines referred to the Handicap Commission $5,200.00.

 

There is a backlog of 1,667 unpaid tickets dating from January 2004 to March 2016. A 21 day late notice is sent to vehicle owners who have not paid the fine. After 28 days, if the fine still has not been paid, that information is forwarded to the Registry of Motor Vehicles for administrative action.

 

Respectfully submitted, s/Charles O’Connor, Parking Clerk

 

Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

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A communication dated May 11, 2016 was received from Veterans Agent Larry Guiseppe as follows:

 

Mr. Campbell:

 

I would like to request that the City Council entertain a motion to allow the Woburn

Veterans Officer to name the southwest corner of the Montvale Avenue/Central Street as Atlantic Gelatin (Gelly) Square. It would involve a post and sign of the size and shape of our existing signs.

 

History: Atlantic Gelatin had a stone memorial with plaque attached for those employees that went off to fight in WWII, four of which were “Killed in Action”. Through correspondence with Kraft Food I was able to have the stone donated to Woburn after the facility closure. We removed the stone last month and have placed it at Montvale and Central. We would like to do a rededication in June and want to name the area after the Gelly.

 

Larry Guiseppe, Veterans Agent

 

ORDERED           That the square at the southwest corner at the intersection of Montvale

Avenue and Central Street be and is hereby renamed “Atlantic Gelatin

(Gelly) Square” in memory of those residents and employees of Atlantic Gelatin who served their country in time of war and made the supreme sacrifice in World War II.

 

s/President Haggerty, Alderman Gately,                                                                Alderman Mercer-Bruen, Alderman Campbell

 

Motion made and 2nd that communication be accepted and made part of the record and that the ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (Tedesco absent). _________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS: None.

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Motion made and 2nd to suspend the rules for the purposes of adding the following matter to the agenda as a late filing, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

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Petition by James L. McKeown Boys & Girls Club of Woburn, Inc. for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 7.3 and all other applicable sections to allow alteration and expansion of pre-existing nonconforming structure (clubhouse facility) and pre-existing nonconforming access drive at Charles Gardner Lane, 650 Main Street Rear and 650 Main Street. Motion made and 2nd that the

MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Tedesco absent).

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

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Motion made and 2nd to ADJOURN, 8 in favor, 0 opposed, 1 absent (Tedesco absent). Meeting adjourned at 8:40 p.m.

 

A TRUE RECORD ATTEST:

William C. Campbell

City Clerk and Clerk of the City Council

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