Meeting Agenda

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

CITY OF WOBURN

NOVEMBER 1, 2011 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

       Denaro  _________________________

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 $157,380.00 be and is hereby appropriated as so stated from Insurance Reimbursement Acct #2110-359000 $157,380.00 to Goodyear School Acct #626048-48000 $157,380.00 – Insurance reimbursement for gym floor @ Goodyear School.

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

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

s/President Denaro

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

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

ORDERED     That the sum of $79,150.00 be and is hereby appropriated as so stated from Insurance Reimbursement Acct #2110-359000 $29,436.00, Insurance Reimbursement Acct #2110-359000 $25, 581.00, Insurance

Reimbursement Acct #2110-359000 $24,133.00, Total $79,150.00 to Police Cruiser Outlay Acct #0112158-586681 $79,150.00 – Insurance reimbursement for 3 cruisers.

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

I hereby recommend the above. s/Robert Ferullo, Chief of Police I have reviewed the above: s/Gerald W. Surette, City Auditor

s/President Denaro

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

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

ORDERED     Supplemental Appropriation – That the sum of $23,000.00 be and is hereby appropriated as so stated from Unreserved Fund Balance Acct #01359600 $23,000.00 to Veteran’s Cash Aid Acct #0154357-577000 $23,000.00.

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

I hereby recommend the above. s/Lawrence Giuseppe, Veteran’s Agent I have reviewed the above: s/Gerald W. Surette, City Auditor

s/President Denaro

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

_________________________

PUBLIC HEARINGS:  

On the petition by Alderman Gaffney relative to the structure or structures located at 602 Main Street, Woburn for the purposes of determining whether said building or buildings are a nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or buildings or other structure, 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. PUBLIC HEARING

OPENED. A copy of a communication with attachments dated November 1, 2011 to Alderman Mark Gaffney was received from Brian Gingras, Building Inspector, Department of Inspection Service as follows:

Re: 602 Main Street

As requested, a follow-up inspection of the property located at 602 Main St was performed, and photos taken, from the public way on November 1, 2011 in conjunction with a complaint of a possible public nuisance. Observations related to this inspection were noted:

• The overgrown vegetation has been partially removed. The grass had been mowed at some point after the initial inspection. With the colder weather setting in, some vegetation has died back as well.
• Egress components remain mostly in a state of disrepair. A permit was obtained (#971-11) on October 20^th for the repair of the front stairs, but as of yet, work has not been started.
• The collapsed garage remains in place.
• Multiple unregistered vehicles continue to be stored on the property.
• Portions of the structure continue to be open and from rotted or deteriorated materials.
• Exposed wiring located on the exterior.
• The retaining wall along Main St is still falling in some spots.

Please feel free to contact me at any time regarding these observations, or for any additional information you may need regarding this property.

s/Brian Gingras, City of Woburn Building Inspector

Motion made and 2^nd that the document be received and made part of the record, all in favor, 9-0. Appearing was the property owner Ralph Saviano and he stated that he engaged a contractor to work on the front porch and the front area, that a building permit has been obtained for this work, that a railing will be added to the front, the he has contacted contractors to repair the front wall as he wants this to be a good wall, that he is working on having the garage taken down, that the motor vehicles will be removed from the property shortly, that the vehicles are mostly junk, that he has been having the grass cut which will not be an issue with winter conditions setting in, that he expects to have the steps and back porch completed within 30 days, that removing the garage is a big issue, and that he understands that the city cannot pay for the removal of the garage. Alderman Gaffney stated that the property owner has been working on the issues and will likely have the work completed by winter. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON DECEMBER 6, 2011, all in favor 9-0.

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

On the petition by Festival on the Common, c/o Gary Fuller, 80 Arlington Road, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.7.75 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a city festival on Woburn Common on

November 26, 2011. PUBLIC HEARING OPENED. A communication dated October 28, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re: Festival On Common – Woburn Common – To operate a festival under Section

5.1.75

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on October 25, 2011, the Planning Board voted to forward a favorable recommendation to the City Council on the Special Permit application of Festival on Common, regarding the operating of a festival under Section 5.1.75 on the Woburn Common subject to the following condition:

1.   That the all vendors shall be limited to those authorized by Festival on Common, as the operator of the festival.

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 Gary Fuller, Chairman, Festival on the Common and he stated that they are obtaining a special permit which will allow better control over who  can operate in the area of the festival. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the public hearing be closed, all in favor, 9-0. Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the condition as follows: 1. That the recommendation of the Planning Board be adopted as a condition of the special permit, all in favor, 9-0.

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

Alderman Haggerty recused himself from participating in the following matter to avoid the appearance of a conflict of interest and left the Council Chamber.

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

On the petition by 859 Main Development, LLC, 57 Russell Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 22 of the 1985 Woburn Zoning Ordinances, as amended for a proposed 98 unit condominium development at 859

Main Street. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney

Shaun W. Briere, Mawn and Mawn, 275 Mishawum Road, Woburn, Massachusetts

01801 and he stated that this matter was last before the City Council on April 19, 2011, that the petitioner has been working with the Planning Board and MassDOT relative to an amendment of the plans since the first version submitted in April, that revised plans submitted June 7, 2011 are the current plans, that the petitioner does not expect changes to the plans but is continuing to work with the Planning Board and MassDOT, that the petitioner applied for a permit to MassDOT on June 9, 2011, that the petitioner expects to have the final issue submitted to MassDOT on November 4, 2011, that a fully revised traffic study will be filed with the City Clerk at that time, and that MassDOT has requested additional data that includes the project, the Alzheimer’s unit and the proposed parish center. Frederick Russell stated that he is the site engineer for the proposal, that two changes were made to the plan, that the driveway access was reduced from 24 feet wide to 18 feet wide at the request of the Planning Board, that the plan reflect the grading differences between the petitioner’s site and the Alzheimer’s unit site, that the accesses are one way in and one way out, that further calculations indicate that the driveways can be reduced to a width of 18 feet, that the second lane on Main Street is not included in this plan, and that there will be an easement for the city to construct a second travel lane but construction of the second travel lane is not part of the plan. Bryan Melanson, Melanson Development Group, stated that they have met with MassDOT, that MassDOT stated that a permit would not issue from their department until the special permit issues, that this is the process that has always been followed by MassDOT, that the Planning Board wanted the process to go the other way, and that MassDot representatives stated that there would be no curbcut permit without a special permit from the city being in place. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he is in favor of the petition, that the project is being constructed by two good local developers, and that there is beginning to be a market for condominiums again. OPPOSED: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON NOVEMBER 15, 2011 AND THAT THE MATTER BE REFERRED

TO THE COMMITTEE ON SPECIAL PERMITS TO MEET ON NOVEMBER 14,

2011, 8 in favor, 0 opposed, 1 absent (Haggerty absent). Alderman Anderson stated that if the Planning Board did not have a recommendation ready by the next meeting the matter could be continued further. President Denaro stated that if the Planning Board does not have a recommendation the City Council could act without the recommendation.

************************* Alderman Haggerty entered the Council Chamber.

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

On the petition by Ava Donuts LLC, 293 Cambridge Road, Woburn, Massachusetts 01801 for a special permit to modify a special permit issued December 9, 2004, as modified by a special permit issued June 20, 2005, as modified by a special permit issued on August 10, 2006, pursuant to Sections 5.1.23, 5.1.29, 5.1.63a, 5.1.69, 7.3, 8.2.5, 8.6.3, 11, 13.5 and 15 of the 1985 Woburn Zoning Ordinances, as amended, to allow for modifications to the approved site plan as modified to include modifications to the existing landscaping, portions of the parking areas, alteration of the existing nonconforming pylon sign, a Drive-up Customer Service Facility, and to allow for 666 parking spaces, at 350 Cambridge Road. PUBLIC HEARING OPENED. A communication dated October 19, 2011 with attachments was received from Attorney Joseph R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

Re: Ava Donuts, LLC, Horn Pond Plaza, LLC, 350 Cambridge Road, Woburn, MA

Dear Mr. Campbell:

Pursuant to your request, enclosed please find the following:

1. Twelve (12) copies of revised Site Plan showing the drive thru and parking calculations; and
2. Twelve (12) copies of modified Conceptual Site Circulation Plan for the proposed Dunkin Donuts drive up window.

Please be advised that I have provided eight copies of the above documents to the Planning Director and a copy to the City Engineer’s office.

If you have any questions, please contact me to discuss. Thank you.

Very truly yours, s/Joseph R. Tarby III

A communication dated October 28, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re: Ava Donuts LLC – 350 Cambridge Road – To modify existing Special Permit to allow for modifications to the approved site plan by modifying the existing landscaping, portions of the parking areas,  alteration to the existing nonconforming pylon sign, a drive-up customer service facility, and to allow for 660 parking spaces  pursuant to Sections 5. 1.23, 5.1.29, 5.1.63a, 5.1.69, 7.3, 8.2.5, 8.6.3, 11, 13.5, and 15

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on October 25, 2011, the Planning Board voted to send an unfavorable recommendation to the City Council on the Special Permit application of Ava Donuts LLC, regarding the property at 350 Cambridge Road for the following reasons:

1. That the drive-up customer service facility does not meet the standards and the required findings in Section 11.6.10 of the Zoning Ordinance; and
2. That the parking is not adequate to meet the needs of this proposal in accordance with Section 8 of the 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 Joseph Tarby and he stated that the petitioner seeks to modify a special permit which allowed for an addition of square of building for the conversion of Star Market to a Whole Foods store, that the special permit was further modified to allow an expansion of the Whole Foods store, that the special permit was further modified to allow modifications to landscaping, parking, walkways and signs, that the petitioner seeks a modification to the existing site plan, that the petition originally included a request for 666 parking spaces, that the petitioner has increased parking from 677 parking spaces as originally approved to 681 parking spaces, that the property is located in the B-H zoning district, that the property is nonconforming as a shopping center is not allowed in the B-H zoning district, that the sign was originally erected in 1979, that the 2004 special permit allowed for 669 parking spaces, that the 2005 special permit allowed for 669 parking spaces, and that the most recent 2006 special permit allowed for 677 parking spaces. Mark Beaudry, Meridian Associates, 69 Milk Street, Stuie 302, Westborough, Massachusetts 01580 stated that he is a registered civil engineer, that he studied various scenarios, that the drive thru window and reconfiguration of parking spaces had to be approvable, that there are currently 690 parking spaces striped on site but there are 150 parking spaces next to the Toys-R-Us store that are never used, that there is a surplus of parking on the site, that the drive thru is laid out to take the traffic away from the main travel route in front of the Whole Foods store, that one way aisles will minimize the conflict with the parking, that all modifications are contained on site with no queues out onto the public way, that some spaces that appear in conflict with the drive thru will be designated for employees only with signage, that employee parking has low turnover, that the effective width of the turning lane will be 17 or 18 feet with the flush concrete island that has been proposed, that there is sufficient turning space, that the employee parking will be for employees at the complex not just the Dunkin Donuts employees, that 90% of the day the parking spaces will have no conflict with the drive thru, that the plan of record is dated July 27, 2011 with a revision date of October 17, 2011, that there are no restrictions on the parking except for the handicapped accessible parking spaces, that there may be a lease agreement with designated parking but the general public using the parking spaces has no knowledge of that, and that the parking plan approved in 2006 had 677 parking spaces but the current plan increases the parking to 681 parking spaces. Michael Doherty, Gravestar, Inc. stated that there is no exclusive parking for any of the tenants, that parking is open to all vehicles, that the only restriction is that Gravestar, Inc. can control where tenant employees park, that the parking area from the Dunkin Donuts building to the entrance is underutilized, that there is generally employee parking in this underutilized area, that safety concerns discourage employees from walking to the rear parking area at night, that the proposed parking is in excess of what was originally approved for the site, that the worst case scenario is shown on the plans as far as queues, that the busiest time for Dunkin Donuts is 7:00 a.m. to 9:00 a.m. which is the least busiest time for the rest of the plaza tenants, that 3:00 p.m. to 6:00 p.m. is the peak time for Whole Foods while the demand at Dunkin Donuts it at its lowest level at that time, and that Starbucks was located at the site at the time of approval of the prior special permits. Robert Michaud, P.E., Managing Principal, MDM Transportation Consultants, Inc., 28 Lord Road, Suite 280, Marlborough, Massachusetts -1752 stated that the site has ninety transactions in the morning peak at Dunkin Donuts, that this site has lower demand than other Dunkin Donuts facilities, that the potential increase of customer demand with the drive thru was based on national standards, that the petitioner expects an increase of 40 to 50 transactions per hour when the drive thru is in place, that two-thirds of the current customers will use the drive thru, that 100 customers per hour in the morning will have approximately 60 customers using the drive thru which will be an increase of 30 new customers using the drive thru, that the petitioner expects a queue of two to four vehicles during the average queue in the morning, that the maximum queue will be ten vehicles, that most times there will be no interference with the proposed employee parking area, that the proposal will minimize conflicts by conversion of lanes to one way lanes, that 80% of current customer activity travel is in the Whole Foods aisle, that more of this traffic will be directed away from the point of highest pedestrian and vehicle activity, that there will be new sidewalk and pedestrian improvements, and that technically there are parking spaces adjacent to the queue lanes but there is no expected conflict with the queuing lane. Alderman DiTucci stated that she is concerned about the parking spaces near the queuing area, that since the number of parking spaces has increased from 4 to 681 some consideration should be given to eliminate these 7 parking spaces, that this changes would make the driveway safer with a net loss of 3 parking spaces, and that the drive thru will decrease the demand for parking. Alderman Anderson stated that there are a number of parking spaces that realistically are not used by anyone, that the reality is that although the parking space are available all the patrons use the parking in the area of the Dunkin Donuts, the Whole Foods store and the strip mall, that the City Council cannot approve the special permit if the queuing lane interferes with parking, and that the petitioner should take another look at the employee parking area near the queue. Alderman Haggerty stated that the employee parking may have to be moved behind the Rite Aid with improved lighting, and that the parking currently does not work well. Alderman Gately stated that he is concerned with pedestrians walking into the building from the south side, and that the building is being boxed in by the queue. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park Woburn stated that the management of the plaza is excellent, that this is a busy location, that this proposal can work, and that these Dunkin Donuts facilities create necessary jobs.

OPPOSED: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED

TO THE REGULAR MEETING OF THE CITY COUNCIL ON DECEMBER 6, 2011

AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL

PERMITS, all in favor 9-0.

_________________________

CITIZEN’S PARTICIPATION:  None.

_________________________

COMMITTEE REPORTS:

FINANCE:

On the Order to transfer the sum of $5,845.00 from Police Cruiser Account to Cruiser Outlay Account, committee report was received “ought to pass.” Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: November 3, 2011        s/Scott D. Galvin November 3, 2011

************************* POLICE AND LICENSES:

On the petitions for renewal of First Class Motor Vehicle Sales Licenses by C.N. Wood Company, Inc.; Lannan Chevrolet, Inc.; R.C. Olsen Cadillac, Inc.; Woodco Machinery,

Inc.; and Woburn Foreign Motors, Inc., committee report was received “ought to pass.”

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

Presented to the Mayor: November 3, 2011        s/Scott D. Galvin November 3, 2011

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

On the petitions for renewal of Second Class Motor Vehicle Sales Licenses by ACT

Leasing Inc.; Murray’s Enterprises, Inc. dba Murray’s Auto & Truck Sales; Southside Associates, Inc. dba Burke’s Garage; and David Dellarocco dba Woburn Auto Sales, committee report was received “ought to pass.” Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: November 3, 2011        s/Scott D. Galvin November 3, 2011

_________________________

NEW PETITIONS:

Petition for renewal of First Class Motor Vehicles Sales License by M&L Transit Systems, Inc., 60 Olympia Avenue. Motion made and 2^nd that the MATTER be

REFERRED TO THE COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

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

Petitions for renewal of Second Class Motor Vehicles Sales Licenses by George J. Hamilton dba George’s Auto Body, 19 Jefferson Avenue; Robert Khouzami, 317 Montvale Avenue; Larade’s Collision Repair, Inc., 20 High Street; Oliver M.

McDermottroe dba McDermottroe Auto Sales, 229 Lexington Street; Ollie’s Service

Center, 310 Main Street; Velozo Enterprises, Inc. dba Rogers Radiator, 936 Main Street; Donald J. Socorelis dba Woburn Glass Co.; and Abdelaziz Ilaj dba Woburn Motors. Motion made and 2^nd that the MATTER be REFERRED TO THE COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

_________________________

COMMUNICATIONS AND REPORTS:

A communication dated October 28, 2011 was received from Charles L. O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:

In accordance with Massachusetts General Laws Chapter 90, Section 20½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending September 2011: number of parking violations issued 1,080, number of violations paid 522, number of violations outstanding 365, amount collected and submitted to the Office of the Collector $40,160.00. There exists a backlog of 5,567 tickets for 1982 through 2010. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $8,600.00.

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

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

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

A communication dated October 11, 2011 was received from Mark Donovan, Superintendent of Schools and Secretary to School Committee as follows:

Dear President Denaro:

From time to time, staff members of the Woburn Public Schools are asked directly by city officials to represent the School Department in some way or to take some action on a particular matter. We are more than willing to cooperate with all city officials; however, we respectfully ask that all such requests be made through the Superintendent of Schools.

Sincerely, s/Mark Donovan, Superintendent of Schools & Secretary to School Committee

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

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

A communication dated October 19, 2011 was received from Thomas C. Quinn, Jr., Department of Inspection Services as follows:

Re: 11-13 Vining Court Update

With regard to above that has been the subject of a written complaint from Cathy Peterson, 7 Vining Court dated April 28, 2011.

As of this time the matter is still ongoing with the issuance of Citations for violation of the Woburn Zoning Ordinances and the Woburn Municipal Code to the listed owner Mr. James Coronis.

When the issue is resolved wither by compliance or other legal means I will inform the Council to the resolution.

As always it there is a need to discuss this matter further do not hesitate to contact me.

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

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

A communication dated October 26, 2011 was received from Police Chief Robert Ferullo as follows:

I would like to request to appear before the Committee on Public Safety sometime in mid-late November to introduce myself and provide and overview of the current activities of the Woburn Police Department.

Chief Robert Ferullo

Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC

SAFETY, all in favor, 9-0.

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

A communication dated October 25, 2011 was received from Larry Giuseppe, Woburn Veterans Director, and George Poole, Commander, United Veterans Council inviting the

City Council to participate in the Veteran’s Day Parade and ceremonies on November 11,

2011 with muster at 10:00 a.m. at Central Square. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0. *************************

A communication dated October 25, 2011 was received from Beibel Su, Architectural Historian, The Ottery Group, 1180 August Drive, Silver Spring, Maryland 20902 inviting the City Council to participate as a consulting party to the Section 106 review of the proposed modification of the existing AT&T Mobility “Woburn Main Street #3166 Telecommunications Facility” regarding the effect of the proposed undertaking on historic properties, namely the Bank Block – Woburn Masonic Hall constructed in 1862. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE with a copy sent to the Woburn Historical Commission, all in favor, 9-0. _________________________

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

APPOINTMENTS AND ELECTIONS:  None.

_________________________

MOTIONS, ORDERS AND RESOLUTIONS:

RESOLVED Having convened in an open meeting on Tuesday, November 1, 2011, the City Council of Woburn, in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated Wednesday, October 26, 2011 for the Hurld Elementary School, located at 75 Bedford Road, which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future:

Priority 5—Replacement, renovation, or modernization of the heating system in a schoolhouse to increase energy conservation and decrease energy related costs in the schoolhouse.

Justification:

1.  A 2005 Feasibility Study from Tappé Associates indicates that the “…HVAC systems installed within this building have exceeded their maximum serviceable life.”

Priority 7–Replacement or addition to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements.

Justification:

1. No dedicated spaces are available for science, music, art, special education, pre-kindergarten or guidance. 
2. Access to technology is limited because of electrical power constraints.
3. Handicapped access is severely limited.

And hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the

Massachusetts School Building Authority, or commits the City of Woburn to filing an application for funding with the Massachusetts School Building Authority.

s/Alderman Gaffney

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

Presented to the Mayor: November 3, 2011        s/Scott D. Galvin November 3, 2011

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

RESOLVED Having convened in an open meeting on Tuesday, November 1, 2011, the City Council of Woburn, in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated Wednesday, October 26, 2011 for the Wyman Elementary School, located at 677 Main Street, which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future:

Priority 5—Replacement, renovation, or modernization of the heating system in a schoolhouse to increase energy conservation and decrease energy related costs in the schoolhouse.

Justification: 

1. A 2005 Feasibility Study from Tappé Associates indicates that the HVAC “systems installed within this building have exceeded their maximum serviceable life…”

Priority 7–Replacement or addition to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements.

Justification:

1. No dedicated spaces are available for science, pre-kindergarten or guidance.
2. Access to technology is limited because of electrical power constraints.
3. Handicapped access is severely limited.

And hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the

Massachusetts School Building Authority, or commits the City of Woburn to filing an application for funding with the Massachusetts School Building Authority.

s/Alderman Anderson

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

Presented to the Mayor: November 3, 2011        s/Scott D. Galvin November 3, 2011

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

RESOLVED  Whereas Job Creation, Economic Development, the Revitalization of

Downtown Woburn and the City as a whole is in the best interest of all

Woburn citizens,

Whereas providing a climate where people want to conduct business in the City of Woburn will positively benefit Woburn taxpayers and all Woburn citizens,

Whereas these licenses will assist the Woburn Police Department and Woburn License Commission in the monitoring of alcohol consumption in our City by dissuading the number of Bring Your Own Beverage establishments,

Whereas these Beer and Wine licenses can be a catalyst for future economic development in Woburn and have the potential to encourage companies and restaurants to invest in our City,

Now therefore be it Resolved that the Woburn City Council encourages Woburn voters to vote in favor of the non-binding question appearing on the local election ballot, which reads; Shall the license commission be authorized to grant licenses for the sale of wines and malt beverages to be drunk on the premises in restaurants having not less than 50 seats; provided, however, that not more than 8 licenses or such amount as allowed under section 17 of chapter 138 of the General Laws shall be in effect?  Yes ___ No ___

s/Alderman Haggerty and Alderman Denaro

Alderman Haggerty stated that he encourages everyone to vote, that government cannot create jobs but creates the climate in which jobs are created, that this will create not just restaurant jobs but construction jobs as new businesses are established, and that he encourages voters to vote in support of Question 1 on November 8, 2011. Motion made and 2^nd that the RESOLVE be ADOPTED, all in favor, 9-0.

Presented to the Mayor: November 3, 2011        s/Scott D. Galvin November 3, 2011

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

ORDERED     WHEREAS, there presently exists a structure or structures located in the City of Woburn, Massachusetts known and numbered as 320 Main Street aka 286 Main Street commonly referred to as the Woburn Armory

Building; and

WHEREAS, on October 5, 2010 pursuant to Mass. General Laws Ch. 139,

Sec. 1, et seq., the said real estate, specifically the real property located at 320 Main Street aka 286 Main Street, was declared a public nuisance, a nuisance to the neighborhood, and dilapidated or dangerous buildings or other structures and ordered to be brought into decent standard; and

WHEREAS, the condition of the property has not improved;

NOW, THEREFORE, BE IT ORDERED by 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 prescribing the disposition, alteration or regulation of 320 Main Street aka 286 Main Street commonly referred to as the Woburn Armory Building , as said terms are used in Mass. General Laws Ch. 139, Sec. 1, and entering any enforcement Order or Orders as the City Council deems necessary to remedy the condition of the property.

 s/Alderman Gately

Motion made and 2^nd to suspend the rules for the purposes of accepting the following matter as a late filed matter, all in favor, 9-0. A copy of a communication dated October 27, 2011 to Joseph J. D’Ovidio, Manager, The Woburn Armory LLC was received from

Brona Simon, State Historic Preservation Officer, Executive Director, Massachusetts Historical Commission, 220 Morrissey Boulevard, Boston, Massachusetts 02125 relative to an intended inspection of the property located at 286 Main Street. Motion made and 2^nd that the communication be received and made part of the record with a copy sent to the Woburn Historical Commission, all in favor, 9-0. Motion made and 2^nd to return to the regular order of business, all in favor, 9-0. Motion made and 2^nd that the ORDER be ADOPTED and that a copy of the notice of public hearing be sent to Brona Simon, State Historic Preservation Officer, Executive Director, Massachusetts Historical Commission, all in favor, 9-0.

Presented to the Mayor: November 3, 2011        s/Scott D. Galvin November 3, 2011

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

ORDERED     That the Committee on Personnel solicit statements of interest from members of the business community who may be interested in serving in the position of Business Representative on the Woburn Traffic Commission for a term that expires on December 5, 2011 and to make recommendations to the full City Council.

 s/President Denaro

Alderman Haggerty stated that this is a good opportunity for a member of the business community to provide input concerning traffic issues as a member of the Traffic Commission. Motion made and 2^nd that the ORDER be ADOPTED, all in favor, 9-0.

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

ORDERED     Whereas, Section 23.3.2 of the 1985 Woburn Zoning Ordinances, as amended, entitled “Commerce Way Corridor Overlay District” requires the establishment of the Commerce Way Corridor Overlay District Concept Plan Review Committee comprised of five members of the City

Council and four members of the Planning Board;

Now, Therefore, Be It Ordered that the Committee on Liaison meet to discuss the composition of the Commerce Way Corridor Overlay District Concept Plan Review Committee and to make recommendations to the full City Council.

 s/President Denaro

Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON

LIAISON, all in favor, 9-0.

_________________________

Motion made and 2^nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:44 p.m.

_________________________

A TRUE RECORD ATTEST:

William C. Campbell

City Clerk and Clerk of the City Council