City Council – 10/01/2013

DATE 10/01/2013
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

OCTOBER 1, 2013 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro  _________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS:  None.

_________________________

 

PUBLIC HEARINGS:  

On the petition by National Grid to install approximately 185 feet from the existing 6 inch bare steel 25 psig main in Salem Street, past 4 Salem Avenue to provide gas service to 4 Salem Avenue, 50 Mill Street, 58 Mill Street, 62 Mill Street, 70 Mill Street and 80 Mill Street. PUBLIC HEARING OPENED. Appearing for the petitioner was Lien Gauthier, National Grid and he stated that the petition is for the installation of a new main, that the current main in the area terminates at 390 Salem Street, that they have an easement for the work on private property, that the owner has paid for the work, that November 15th is the completion date for this construction season in the public way, and that if the main can be put in there would be no issue with the construction continuing in the private property after November 15th. Alderman Gately stated that he wants to know how the work will be done, the pavement plans and the number of hook-ups planned. IN

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

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 22, 2013, THAT THE MATTER BE REFERRED TO THE COMMITTEE

ON SPECIAL PERMITS AND THAT A COMMUNICATION BE FORWARDED TO

THE SUPERINTENDENT OF PUBLIC WORKS REQUESTING COMMENTS ON THE PROJECT FOR THE COMMITTEE MEETING TO BE HELD ON OCTOBER 7,

2013, all in favor 9-0.

 

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On the petition by Lawless Chrysler Jeep, Inc., 196 Lexington Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.1.71 of the 1985 Woburn

Zoning Ordinances, as amended, to allow for a commercial parking lot at 36 Commerce

Way. PUBLIC HEARING OPENED. A communication dated September 23, 2013 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Lawless Chrysler Jeep, Inc., 36 Commerce Way, Woburn

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter presently scheduled for October 1, 2013 be continued to the City Council meeting on October 22, 2013. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

Appearing for the petitioner was Attorney Joseph R. Tarby and he stated that the petitioner amends its request to continue the public hearing to the November 19, 2013 Regular Meeting of the City Council, that the petitioner is making changes to the plan requested by the Planning Board and these will not be ready for review by the Planning Board until its meeting on October 29, 2013, and that to his knowledge the petitioner is not currently parking vehicles on the locus. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE

REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 19, 2013 AND

THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL

PERMITS, all in favor 9-0.

 

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On the petition by 10 Presidential Way Associates, LLC, 10 Presidential Way, Woburn, Massachusetts 01801 for a special permit with any dimensional relief as may be required pursuant to Sections 5.1.80a, 5.6, 6 and 11 of the 1989 Woburn Zoning Ordinances, as amended, to establish a telecommunications facility to be used for education, training and transmission of secure data at 10 Presidential Way. PUBLIC HEARING OPENED. A communication dated September 23, 2013 was received from Attorney Brandon Ruotolo, American Tower, 10 Presidential Way, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of 10 Presidential Way Associates, LLC, 10 Presidential Way – Map 2, Block 1, Lot 1 – Request for Grant of Continuance

 

Dear City Clerk William C. Campbell,

 

I respectfully request that the City Council public hearing for the above-listed matter, scheduled for Tuesday, October 1, 2013, be continued to the City Council meeting on Tuesday, November 19, 2013. Additionally, a request has also been made to the Planning Board requesting that the above-listed matter scheduled for consideration on Tuesday,

September 24, 2013, be continued to the Planning Board meeting on Tuesday, October 29, 2013. Finally, the above-listed Petitioner consents to an extension of any applicable timelines under FCC or Federal Regulations until the dates of the requested meetings.

 

Thank you and please contact me with any questions.

 

Sincerely, s/Brandon Ruotolo, Esq., American Tower

 

Appearing for the petitioner was Attorney Brandon Ruotolo and he stated that the Planning Board continued to the matter to October 29, 2013 and that he will be meeting with the Planning Director on October 16, 2013, that he invites the Aldermen to tour the facility, that the corporate headquarters is located in Boston but that the core office is located at this facility in Woburn, that there are 500 employees located in Woburn, that the petitioner has 23,000 property interests in the United States, that the petitioner added an additional 5,400 towers in a deal closed today, that the petitioner works with major carriers such as Verizon, AT&T and T-Mobile, that the petitioner offers the use of their towers for installation of equipment, maintenance of equipment and service of the towers, that the petitioner proposes to construct a 160 foot tower on Commerce Way at the corner of the Woburn and Wilmington town lines, that the locus is the location of the former Undercoverwear company, that the petitioner purchased the building in 1999, that the proposed tower will be a training tower for climbers as company staff will learn how the equipment is placed on the tower, that there will be a small instruction room for training, that this is a unique tower, that the petitioner cannot have a full lease of the tower, that the petitioner proposes for American Tower to establish a secure redundant link at the location as a backup for a site located in Billerica, that the petitioner will also allow public safety installations on the tower, and that the objective of the petitioner is to support the core business and not to seek customer connections on the tower. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 19, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

 

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On the petition by Dave & Busters of Massachusetts, Inc., 2481 Manana Drive, Dallas, Texas 75220 for a special permits pursuant to the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. Sections 5.1.72 and 8.3.2 to allow for its parking requirements to be met on a separate lot from the use to be served by allowing 104 parking spaces at Lot B, 275 Mishawum Road, 2. Section 5.1 Note 16 to allow for hours of operation consistent with the hours of operation approved by the Woburn License Commission 11:00 a.m. to 1:00 a.m. seven days per week, and 3. Section 5.1 Note 22 to allow for two hundred (200) coin operated, recreational, or entertainment machines, all at Lot A, 275 Mishawum Road. PUBLIC HEARING OPENED. A communication dated September 24, 2013 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Dave & Buster’s of Massachusetts, Inc., Lot A, 275 Mishawum Road, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter presently scheduled for October 1, 2013 be continued to the City Council meeting on October 22, 2013. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

Appearing for the petitioner was Attorney Joseph R. Tarby and he stated that the matter will be reviewed in committee on October 7, 2013, that the traffic peer review consultant will be available at that meeting, that any issues can be addressed at the meeting and a report sent to the full City Council for consideration, and that the petitioner requests that the matter be continued to the October 22, 2013 Regular Meeting of the City Council. PUBLIC COMMENTS: Kathy Bailey, 4 Utica Street stated that she is opposed to the project, that the proposal is intended for Commerce Way and not this location, that there is better access for the proposal on Commerce Way, that Mishawum Road is used by many vehicles which will be diverted to Ryan Road, that the petitioner’s Braintree location closes at 12:00 midnight but the proposal is to close the Woburn location at 1:00 a.m., that Burlington denied a location for the petitioner on a six-lane wide road and this proposal is on a two-lane street, and that this proposal is more appropriate for Commerce Way rather than Mishawum Road. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 22, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

 

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On the petition by 508 Main Street LLC, 508 Main Street, Woburn to amend the Zoning

Map of the City of Woburn by amending the zoning district for the property identified on

Assessors Map 43, Block 17, Lot 16 being the entire parcel of land known as 506 Main Street a/k/a 508 Main Street and 6-14 Hovey Street containing approximately 0.57 acres of land from the R-4/B-D zoning district to the B-D zoning district. PUBLIC HEARING

OPENED. A communication dated September 26, 2013 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: 508 Main Street LLC, Proposed Amendment to Zoning Map of the City of Woburn

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter presently scheduled for October 1, 2013 be continued to the City Council meeting on November 19, 2013. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 19, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor, all in favor 9-0.

 

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On the petition by Lytron, Inc., 55 Dragon Court, Woburn, Massachusetts 01801 to amend an existing Inflammable License to allow above ground storage of acetylene flammable gas 10,000 cubic feet cylinders, hydrogen flammable gas 798 cubic feet cylinders, R290 propane flammable gas 80 lbs. tanks, and 20 gallons of LP-gas in 20 lb. or 5 gal. propane tanks, at 55 Dragon Court. PUBLIC HEARING OPENED. The petition was reviewed and approved by Fire Chief Robert A. DiPoli. Appearing for the petitioner was George Gagnon, Maintenance Manager, Lytron, Inc. stated that the petitioner has consolidated its business in Woburn, that production at the locus has increased and therefore additional inflammable storage is required, that the proposal will result in a reduction in deliveries and will streamline the petitioner’s operations, that the locus is 55 Dragon Court, that the inflammables are stored in 395 cubic foot cylinders stored inside the building, that the storage is under racks separating the full and empty bottles and the oxygen, that the Fire Department has permitted the facility, that the Fire Department also inspected the brazing operation, that approximately ten people are brazing at one time, and that the storage locations have not changed. IN FAVOR: Paul Meaney, 1 Brandt Drive stated that he was speaking on behalf of the Woburn Business Association Board of Directors, that the petitioner has been located in Woburn for many years, that the petitioner employees Woburn people and pays significant taxes to the city, that the petitioner performs work for medical facilities, the U. S. government, and the Defense Department, and that he supports the petition. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 22, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor 9-0.

 

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On the petition by Skyworks Solutions, Inc., 20 Sylvan Road, Woburn, Massachusetts 01801 to amend an existing Inflammable License to allow above ground storage of liquid hydrogen Class A 4,500 gallons in AST container, misc. gas Class A and B 5,000 cubic feet in cylinders, misc. portable storage Class A and B 500 gallons in drums, mixture Class A and B 2×500 gallons in AST container, and N-Methyl2pyrrolidone Class B 4×350 gallons in IBC container, at 20 Sylvan Road. PUBLIC HEARING OPENED. The petition was reviewed and approved by Fire Chief Robert A. DiPoli. Appearing for the petitioner was Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petitioner seeks to increase storage of N-Methyl2pyrrolidone at the building, that the inflammable liquid is currently delivered three to five times per week to the locus but this will be reduced to one delivery per month, that this is the only product change on the license and the other inflammables are currently permitted at the locus, that the location was originally operated under the name Alpha Industries but is not Skyworks Solutions, Inc., that the petitioner has been in operation at the locus since 1977, that the petitioner is headquartered in Woburn with other facilities located throughout Asia and North America, that there will be no construction outside the building in association with this license request, that there was construction in the room in the building, that the petitioner already has permission to store these inflammables on the locus, that the petitioner is seeking to decrease the number of deliveries to the locus by allowing greater storage onsite which will reduce transport, and that this is a best practice. Sherri Gaudette, Senior Environmental Engineer, Skyworks Solutions, Inc. stated that the petitioner currently has many small deliveries of inflammable liquid three to five times per week, that the proposal is to bring in larger containers which will be stored in a new room approved by the city, that the inflammable will be piped to the processing area to reduce handling which will increase safety and the reduction in the number of deliveries will also increase safety, that the inflammable is a Class B combustible liquid with a flash point of 190 degrees, that the inflammable fluid is nearly out of the combustible range of materials, that the delivery truck is the same size as a box truck, that piping the inflammable fluid in is a best practice, that there will be more of the inflammable fluid stored on site, that the petitioner has 250 to 350 gallons of the inflammable fluid stored on site at any given time, that the turn over due to use is high, that the petitioner will have four 350 gallon containers stored in one area on site, and that the storage room is ready for use. Joe Torrice, Senior Director of Facilities, Skyworks Solutions, Inc. stated that the product will be delivered from the delivery truck to the storage area, that one pump station in the room will pump from the totes to the locations where the inflammables are needed in the facility, that restrictions were placed on the delivery trucks prohibiting deliveries between 7:00 p.m. and 8:00 a.m. seven days per week, that these delivery restrictions were put in place two or three years ago, that there is not enough storage on site to prevent deliveries on weekends, and that the deliveries involve two different products. Alderman Raymond stated that he wants information concerning this proposal as to what work will be performed delivered to the neighbors in the area, that in the alternative he wants a neighborhood meeting held at the petitioner’s locus regarding the proposal, and that the neighbors have no complaints about the facility except that they do not know what the petitioner does at the facility. Alderman Mercer-Bruen stated that she wanted to know if the facility has a special permit with hours of operation or buffer requirements. IN FAVOR: Paul Meaney, 1 Brandt Drive stated that he was speaking on behalf of the Woburn Business Association Board of Directors, that the petitioner is a good company in the city, that the petitioner employs Woburn people and pays significant taxes to the city, that he does not believe that tanks were installed in the locus but the storage room was constructed under review by the Building Department, and that this is a great facility, a clean facility and is good for Woburn. OPPOSED: Dennis Villanueva, 3 Dobbins Drive stated that the proposal may be good for the petitioner but the residents should not have to sacrifice so much for lower taxes, that there are truck deliveries at the site at all times of the day, that the petitioner has resided in his home since 2007, that the truck noise from the locus is loud and disturbing to the neighbors, that he opposes the request because the petitioner does not currently care for the neighbors, that there should not be any early morning deliveries, and that it is under the control of the petitioner to determine

when deliveries are made to their facility. Motion made and 2nd that the PUBLIC

HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON OCTOBER 22, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0. *************************

On the petition by Maggiore Construction, 13 Wheeling Avenue, Woburn, Massachusetts 01801 for a special permit to modify a special permit by modifying the site plan of record to include a single story 24 foot by 17 foot addition to the existing building for living room space, modifying the landscape plan by relocating existing landscape materials to perimeter of the proposed addition at Lot A, 859 Main Street. PUBLIC HEARING OPENED. A communication date September 16, 2013 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Monarch Homes, LLC – 857 Main Street – To allow for modification of Special Permit decision by replacing the Site Plan of Record to include an addition to the existing building for living room space and the landscape plan

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on September 10, 2013, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Monarch Homes LLC, regarding property at 857 Main Street to allow for modification of Special Permit decision by replacing the Site Plan of Record to include an addition to the existing building for living room space and the landscape plan subject to the following conditions:

 

  1. That condition #1 of the November 8, 2012 decision shall be modified to read:  “The

Plans of Record shall be the plans consisting of sheets G-1, S-1, C-1, C-2, L-2, D-1,

D-2 and D-3 with the cover sheet G-1 entitled “Special Permit Woburn City Council

Alzheimer’s Care Facility Part of 859 Main Street, Woburn, Massachusetts” by

Waterfield Design Group, 5 Cross Street, Winchester, Massachusetts 01890 dated

October 18, 2010 revised November 23, 2010 except for Sheet S-1 dated 06/08/2010,

Sheets C-1 and C-2 dated 07/11/2013, and L-2 dated 07/26/2013 (“Plans”);

  1. That all other conditions of the November 8, 2012 decision shall remain in full force and effect unless modified by this decision.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

A copy of a communication dated September 5, 2013 from Brett F. Gonsalves, Senior Engineer, Engineering Department to Edmund Tarallo, Planning Director was received as follows:

 

Subject: 857 Main Street Lot A Modification to the Special Permit Plans Dated July 13, 2013

 

The applicant is seeking permission to modify a previously approved special permit to allow for the construction of a 17’ x 24’ addition to the Alzheimer’s Care facility.

 

Upon review of the special permit application and plans, the only comment would be if the removal of the landscaping for the proposed addition conforms to the landscape open space requirements.

 

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

 

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

 

A report was received from the Committee on Special Permits as follows: “ought to pass with the recommendations of the Planning Board dated September 16, 2013 adopted as conditions of the special permit.” No one appeared for the petitioner. IN FAVOR: None.

OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-

0. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, AS

AMENDED with the conditions as follows: 1. That the two recommendations of the Planning Board be adopted as conditions of the special permit, all in favor, 9-0.

 

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On the petition by Rosematwo, LLC, 10 Dorrance Street, Boston, Massachusetts 01219 for a special permit pursuant to Sections 8.7.2.10, 5.1.42, 8, 6.1 Note 8, and 12 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the construction of a 10,000 square foot building addition to an existing warehouse facility, including loading docks and parking at 7 State Street. PUBLIC HEARING OPENED. No one appeared for the petitioner. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC

HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 19, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

 

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Motion made and 2nd to hold the public hearing on the following three zoning amendments collectively, all in favor, 9-0.

 

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On the petition by Alderman Michael Anderson that Section 5.1 – Table of Use Regulations of the 1985 Woburn Zoning Ordinances, as amended, be further amended by deleting in its entirety line 75, Carnival and/or Traveling Enterprises; by deleting the corresponding Note 14; and by renumbering the following lines and notes accordingly. PUBLIC HEARING OPENED. IN FAVOR: None. OPPOSED: None. Motion made and

2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 19, 2013, THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES AND THAT

COMMUNICATION BE FORWARDED TO THE CITY SOLICITOR REQUESTING COMMENTS AND PROPOSED AMENDMENTS TO THE ORDINANCES, all in favor 9-0.

 

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On the petition by Alderman Michael Anderson that Section 7.3 Extension of Alteration of Nonconforming Uses, of the 1985 Zoning Ordinances, as amended, be further amended by deleting therefrom the second sentence of the second paragraph, so that the paragraph will read as follows: Pre-existing non-conforming structures or uses shall not be extended or altered unless the petitioner provides proof that the pre-existing nonconforming structure or use was validly and legally established. PUBLIC HEARING OPENED. A communication dated September 26, 2013 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Alderman Michael Anderson – Zone Change – To Amend Section 7.3

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on September 24, 2013, the Board voted to forward the following recommendation to the City Council regarding the zoning amendment to Section 7.3 of the Zoning Ordinance:

 

That the City Council adopt the following amendment:

 

That the 1985 Woburn Zoning Ordinances, as amended, by further amended in Section 7.3 Extension of Alteration of Nonconforming Uses by deleting the second paragraph and inserting in its place the following:

 

Pre-existing non-conforming structures or uses shall not be extended or altered unless the petitioner provides proof that the pre-existing non-conforming structures or use was validly and legally established. This paragraph shall not apply to single family structures in the R-1, R-2, R-3, R-4, and S-1 zoning districts or two family structures in the R-2, R3, R-4, and S-1 zoning districts built prior to April 24, 1985, unless specific information is provided by the Building Department that the pre-existing non-conforming structures or uses was not validly and legally established.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 19, 2013, THAT THE MATTER BE REFERRED TO THE COMMITTEE

ON ORDINANCES AND THAT COMMUNICATION BE FORWARDED TO THE CITY SOLICITOR REQUESTING COMMENTS AND PROPOSED AMENDMENTS

TO THE ORDINANCES, all in favor 9-0.

 

 

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On the petition by Alderman Michael Anderson that the 1985 Zoning Ordinances, as amended, be further amended by deleting in its entirety Section 8.3, Locations of Required Off Street Parking Facilities Required off street parking facilities shall be provided on the same lot with the principal one used, except as follows:, and by inserting in its place the following: 8.3 Off Street Parking Facilities Required – Off street parking facilities shall be provided on the same lot with the principal use, except that within any R3, R4, Business, Mixed Use, Industrial, or Office Park district, the City Council by Special Permit may allow the parking facility requirements to be met on a lot separate from the use to be served, if such facilities are located within five hundred (500) ft. of the use, and if the City Council finds that suitable arrangements, such as ownership, long term lease or easement, have been made to assure the permanent provision of the parking facilities. PUBLIC HEARING OPENED. A communication dated September 26, 2013 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Alderman Michael Anderson – Zone Change – To Amend Section 8.3

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on September 24, 2013, the Board voted to forward the following recommendation to the City Council regarding the zoning amendment to Section 8.3 of the Zoning Ordinance:

 

That the City Council adopt the following amendment:

 

That the 1985 Woburn Zoning Ordinances, as amended, be further amended by deleting in its entirety Section 8.3, Locations of Required Off Street Parking Facilities Required off street parking facilities shall be provided on the same lot with the principal one used, except as follows: and by inserting in its place the following:

 

8.3 Off Street Parking Facilities Required

 

Off street parking facilities shall be provided on the same lot with the principal use, except that within any R3, R4, Business, Mixed Use, Industrial, or Office Park district, the City Council by Special Permit may allow the parking facility requirements to be met on a lot separate from the use to be served, if such facilities are located within five hundred (500) ft. of the use, and if the City Council finds that suitable arrangements, such as ownership, long term lease or easement, have been made to assure the permanent provision of the parking facilities. Furthermore, within the B-D District municipal parking facilities may be substituted for the required off street parking for non-residential uses, if such facilities are within five hundred (500) ft. of the use to be served. In addition, all residential uses in a B-D District may by Special Permit of the City Council be allowed to substitute some or all of the required off street parking spaces provided that the City Council finds that adequate on-site and off-site parking, including parking in a municipal parking lot within 500 feet of the locus, is available to serve the residential units and such parking plan would not create an undue burden on the municipal parking facilities.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEET

ING OF THE CITY COUNCIL ON NOVEMBER 19, 2013, THAT THE MATTER BE

REFERRED TO THE COMMITTEE ON ORDINANCES AND THAT

COMMUNICATION BE FORWARDED TO THE CITY SOLICITOR REQUESTING COMMENTS AND PROPOSED AMENDMENTS TO THE ORDINANCES, all in favor 9-0.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

 

PERSONNEL:

 

On the appointment of Kelly Mustone as a Member of the Woburn Handicapped and Disabled Citizens Commission, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0. Presented to the Mayor: October 3, 2013  s/Scott D. Galvin October 3, 2013

 

************************* FINANCE:

 

On the request by the City Treasurer/Collector for approval of the “City of Woburn Investment Policy Statement”, committee report was received “back for action conditioned to amend the language to the end of the first sentence in Section I, Paragraph I and Section II, Paragraph T to read ‘given to Mayor and to City Council’.” A communication dated September 26, 2013 was received from Treasurer/Collector Timothy Donovan relative to additional information concerning the matter. An email communication dated October 1, 2013 was received from Treasurer/Collector Timothy Donovan relative to additional information concerning the matter. Alderman Drapeau stated that he was unable to resolve the issue, that he spoke to a representative of the office of the Inspector General, that he was told this matter falls under the provisions of Massachusetts General Laws Ch. 30B, that the issue needs to be resolved and the matter should be sent back to committee, that after two years of consistent history there should be three bids for services over $10,000.00, that a low bid does not have to be accepted as there can be specifications for quality and price which allows for discretion, that he wants to be certain that services are being procured in a proper way, that the proposal states a policy for the department to be used for investment vehicles, and that this is a good practice. Motion made and 2nd that the letter dated September 26, 2013 and the email dated October 1, 2013 both from the Treasurer/Collector be accepted and made part of the record, all in favor, 9-0. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, 8 in favor, 1 opposed (Denaro opposed).

 

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

 

On the Order to amend Title 8, Article II, Section 8-6B relative to electronic cigarettes, committee report was received “ought to pass as amended by adding the words ‘Title 8’ to the first sentence.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor October 3, 2013 and ten days having elapsed without same being approved, said Ordinance became effective without his signature on October 15, 2013.

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NEW PETITIONS:

 

Petition by VNA Hospice Care, 100 Tradecenter G-500, Woburn, Massachusetts 01801 for a special event permit to allow a walk and road race starting at the Woburn IrishAmerican Club on October 6, 2013. Motion made and 2nd that the SPECIAL EVENT PERMIT be GRANTED, all in favor, 9-0.

Presented to the Mayor: October 3, 2013               s/Scott D. Galvin October 3, 2013

 

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Petition by Woburn Host Lions Club, Inc., P.O. Box 81, Woburn, Massachusetts 01801 for a special event permit to allow a walk and road race at Horn Pond and its environs on October 20, 2013. Motion made and 2nd that the SPECIAL EVENT PERMIT be GRANTED, all in favor, 9-0.

Presented to the Mayor: October 3, 2013               s/Scott D. Galvin October 3, 2013

 

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Shamrock Running Club, P.O. Box 602, Woburn, Massachusetts 01801 for a special event permit to allow a road race starting at Sea Dog Brew Pub on November 2, 2013. Motion made and 2nd that the SPECIAL EVENT PERMIT be GRANTED, all in favor, 9-

0.

Presented to the Mayor: October 3, 2013               s/Scott D. Galvin October 3, 2013

 

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Festival on the Common, 3 Russell Street, Woburn, Massachusetts 01801 for a special event permit to allow a holiday season festival on Woburn Common and its environs on November 30, 2013. Alderman Anderson stated that he spoke to the City Solicitor and that a list of vendors should be listed in the permit and provided to the police department at least seven days prior to the event. Motion made and 2nd that the SPECIAL EVENT PERMIT be GRANTED, AS AMENDED with the amendment as follows: 1. That a condition be added as follows: The permit holder Festival on the Common shall select the vendors who may participate and be present in the event area and that the list of vendors shall be filed with the Woburn Police Department by the permit holder Festival on the Common at least seven (7) days prior to the event, all in favor, 9-0.

Presented to the Mayor: October 3, 2013               s/Scott D. Galvin October 3, 2013

 

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Petition for renewal of First Class Motor Vehicle Sales Licenses by Lawless Chrysler

Jeep, Inc., 196 Lexington Street; and Woburn Foreign Motors, Inc., 394 Washington Street. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

 

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Petition for renewal of Second Class Motor Vehicle Sales Licenses by ACT Leasing, Inc., 215 Salem Street; David Dellarocco dba Woburn Auto Sales, 5 Crescent Avenue #4; and Woburn Gas & Service, Inc., 545 Main Street. Motion made and 2nd that the

MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

 

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Petition by UDR Inwood LLC, c/o UDR, Inc., 1745 Shea Center Drive, Suite 200, Highlands Ranch, Colorado 80129 for a special permit pursuant to Section 11.3.12 of the

1985 Woburn Zoning Ordinances, as amended, to modify a special permit dated April 7,

2005, as further amended April 13, 2006, November 9, 2006, March 19, 2007, July 13, 2007 and January 25, 2008, by substituting Plan C17 of the Plan of Record with Plan C17 entitled “Modification Layout Plan, Avalon at Inwood, Woburn, MA dated November 11, 2008 and revised on May 23, 2013 prepared by Hayes Engineering, Inc.” to provide for emergency access from the site, at 1 Inwood Drive. Motion made and 2nd that the

MATTER be REFERRED TO PUBLIC HEARING AT THE NOVEMBER 19, 2013 REGULAR MEETING OF THE CITY COUNCIL, all in favor, 9-0.

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COMMUNICATIONS AND REPORTS:

 

A communication dated September 20, 2013 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 August 2013: number of parking violations issued 531, number of violations paid 269, number of violations outstanding 194, amount collected and submitted to the Office of the Collector $30,260.80. There exists a backlog of 6062 for 1982 through 2012.

Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $5,800.00.

 

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

 

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

 

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A communication dated August 29, 2013 was received from Joanne Collins, Director, Woburn Council on Aging along with a copy of the Director’s Report and the minutes of the Council on Aging for the month of August 2013. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     That in accordance with Massachusetts General Laws Chapter 54, as amended, the City Clerk is hereby authorized and directed to notify and to warn such of the inhabitants of the City of Woburn as are qualified to vote in Municipal Elections to assemble at the polling places in their respective wards as designated herein, on TUESDAY, the FIFTH DAY OF NOVEMBER, 2013 from 7:00

a.m. to 8:00 p.m., then and there to cast their votes in the

MUNICIPAL ELECTION for the candidates for the following offices:

 

ENTIRE CITY            MAYOR, ALDERMAN-AT-LARGE,

SCHOOL COMMITTEE

 

EACH WARD

 

WARD ALDERMAN
Ward-Precinct

 

Polling Place Location
       1-1

 

Joyce Middle School Library, 55 Locust Street
       1-2 Clapp Elementary School Cafeteria, Hudson Street and Arlington Road

 

       2-1

Shamrock Elementary School Gymnasium, 60 Green Street

       2-2

Shamrock Elementary School Gymnasium, 60 Green Street

       3-1

Hurld Elementary School Gymnasium, 75

Bedford Road

       3-2

Hurld Elementary School Gymnasium, 75 Bedford Road

       4-1

Wyman Elementary School Auditorium, Main Street and Eaton Avenue

       4-2

White Elementary School, 36 Bow Street

       5-1

Goodyear Elementary School Gymnasium

41 Central Street

       5-2

Goodyear Elementary School Gymnasium

41 Central Street

       6-1

Altavesta Elementary School Gymnasium, 990 Main Street

       6-2

Altavesta Elementary School Gymnasium, 990 Main Street

       7-1

Reeves Elementary School Gymnasium, 240 Lexington Street

       7-2

 

Reeves Elementary School Gymnasium, 240 Lexington Street
              s/President Denaro

 

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

Presented to the Mayor: October 3, 2013               s/Scott D. Galvin October 3, 2013

 

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ORDERED     WHEREAS, there presently exists a structure or structures located

in the City of Woburn, Massachusetts known and numbered as 4

Pheasant Lane; and

 

WHEREAS, the building which is to be demolished is creating a nuisance to neighboring properties;

 

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 determining whether said building or buildings are a nuisance, a nuisance to the neighborhood, dilapidated or dangerous building or buildings or other structure or structures, as said terms are used in Mass. General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation.

 

s/Alderman Drapeau

 

Motion made and 2nd that the ORDER be ADOPTED with the public hearing to be held at the November 19, 2013 Regular Meeting of the City Council, all in favor, 9-0. Presented to the Mayor October 3, 2013 and ten days having elapsed without same being approved, said Order became effective without his signature on October 15, 2013.

 

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ORDERED     Be it Ordained by the City Council of the City of Woburn that Title 6, Animal Control, of the 1989 Woburn Municipal Code, as amended, be further amended by inserting the following new provision into Section 67, Penalties and Enforcement:

 

3.  For a violation of Section 6-4:

 

  1. First offense in any calendar year:                       $25.00
  2. Second offense in any calendar year:                   $50.00
  3. Third and subsequent offense in  a                       $75.00 a calendar year

 

s/Alderman Anderson

 

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

 

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RESOLVED That the Traffic Commission establish a no parking restriction on Dragon Court.

 

s/Alderman Mercer-Bruen

 

Alderman Mercer-Bruen stated that her intention is for the Traffic Commission to review the parking on Dragon Court, that currently parking is not permitted on the southerly side of the street, that she wants the parking to be reviewed from Washington Street to the culde-sac and that she wants to consult with the residents of the street. Alderman Anderson stated that he will support a review of the parking on Dragon Court to consider whether a no parking restriction should be established. Motion made and 2nd that the RESOLVE be ADOPTED, AS AMENDED with the amendment as follows: That the resolution read “That a communication be sent to the Traffic Commission requesting consideration of a

no parking restriction on Dragon Court,” all in favor, 9-0.

Presented to the Mayor October 3, 2013 and ten days having elapsed without same being approved, said Resolution became effective without his signature on October 15, 2013.

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:03 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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