City Council – 10/06/2015

DATE 10/06/2015
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 6, 2015 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gaffney

                                                Concannon

Gately

DiTucci

Mercer-Bruen

Drapeau

Raymond

                                                                 Haggerty

_________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS:  

 

A communication dated October 1, 2015 with attachments was received from His Honor the Mayor Scott D. Galvin as follows:

 

I am pleased to announce that the City recently negotiated an easement agreement with the Woburn Housing Authority that will allow for the creation of a new, much needed 100 space parking lot behind the Woburn Public Library.

 

The new municipal lot will provide ample parking for the library and also create an additional source of much needed downtown parking. I would like to thank the members of the Woburn Housing Authority and executive director Robert McNabb for their cooperation and support during these negotiations.

 

I would ask that you approve the order allowing the mayor to accept the easement agreement for the city of Woburn this evening. If you prefer the matter be sent to committee, I would be happy to attend and answer any questions.

 

Sincerely, Scott D. Galvin, Mayor

 

Attached thereto was the following Order:

 

ORDERED     Be it ordained by the City Council of the City of Woburn that the Mayor be authorized on behalf of the City of Woburn to execute a Release of the Open Space Easement set forth in the deed from the City of Woburn to the Woburn Housing Authority recorded with the Middlesex South Registry of Deeds in Book 14422, Page 540; and that the Mayor be authorized on behalf of the City of Woburn to enter into and/or accept an Access and

Parking Easement Agreement and Grant of Temporary Construction Easement from the Woburn Housing Authority.

 

s/President Haggerty

 

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

Presented to the Mayor: October 8, 2015               s/Scott D. Galvin October 8, 2015

 

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ORDERED     That the sum of $125,000.00 be and is hereby appropriated as so stated from BLS Ambulance Receipts Acct #31359-590000 $125,000.00 to Fire Ambulance Salary Acct #0122051-511500 $125,000.00

 

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, all in favor, 9-0.

_________________________

 

PUBLIC HEARINGS:  

 

Alderman Gately stated that he was recusing himself from participation in the next two matters.

 

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On the petition by NSTAR Electric Company and Verizon New England, Inc. for a grant of right in a way to relocate joint occupancy pole 242/10 approximately 31 feet east towards pole 242/9 southerly side of Wyman Street approximately 282 feet east of Park Drive. PUBLIC HEARING OPENED. A communication dated September 10, 2015 was received from Superintendent of Public Works John Duran as follows:

 

Subject: NStar Petitions-30 Wyman Street

 

Pursuant to the request from NStar Electric for the Grant of Way for the installation of underground conduit and pole relocation to service the proposed subdivision for the Melanson/Gately LLC Development at 30 Wyman Street to allow for the installation of underground power.

 

The plan depicts the proposed relocation of pole 242/10 on Wyman Street and associated overhead lines approximately 31 feet easterly towards pole 242/9. This pole relocation is necessitated by the proposed entrance into the subdivision and to install underground power per the Planning Board Decision. The pole appears to be positioned properly as long as the overhead wires do not sag lower than the existing wires. The pole must also be positioned to allow handicap access adjacent to the pole in the new sidewalk configuration. This pole should be clearly marked and reviewed with the DPW, the developers and with NStar personnel to ensure proper placement.

 

The location of the proposed underground conduit from the new pole should be located under the new sidewalk and within the new right of way and onto private property. I recommend that the proposed conduit be accurately marked in the field for site review.

 

Please feel free to contact me with any questions, concerns or recommendations on this matter.

 

Appearing for the petitioner was Renee Banks-Clark, Eversource and she stated that this petition is for the relocation of one pole. Alderman Concannon stated that there is an issue with the poles in that area being on opposite sides of the street. Paul Clark, Supervisor, Eversource Construction Division stated that he can bring this issue about the poles on opposite sides of the roadway back to Eversource. Alderman Mercer-Bruen stated that when Eversource comes forward with a petition the opportunity should be used to have other double poles removed, and that there are a number of double poles on Washington Street that have to be removed. PUBLIC COMMENTS: None. Motion made and 2nd that the public hearing be closed, 8 in favor, 0 opposed, 1 abstained (Gately recused). PUBLIC HEARING CLOSED. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED with the conditions as follows: 1. That the recommendations of the Superintendent of Public Works be adopted as conditions of the Grant, and 2. That the petitioner remove three double poles in the city as determined by the Superintendent of Public Works, 8 in favor, 0 opposed, 1 abstained (Gately recused).

Presented to the Mayor: October 8, 2015               s/Scott D. Galvin October 8, 2015

 

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On the petition by NSTAR Electric Company for a grant of right in a way to install conduit in Wyman Street from new pole 242/10 approximately 282 feet east of Park Drive a distance of about 21 feet and conduit in Wyman Street from pole 242/8 approximately 447 feet east of Park Drive a distance of about 50 feet. PUBLIC HEARING OPENED. A communication dated September 10, 2015 was received from Superintendent of Public Works John Duran as follows:

 

Subject: NStar Petitions-30 Wyman Street

 

Pursuant to the request from NStar Electric for the Grant of Way for the installation of underground conduit and pole relocation to service the proposed subdivision for the Melanson/Gately LLC Development at 30 Wyman Street to allow for the installation of underground power.

 

The plan depicts the proposed relocation of pole 242/10 on Wyman Street and associated overhead lines approximately 31 feet easterly towards pole 242/9. This pole relocation is necessitated by the proposed entrance into the subdivision and to install underground power per the Planning Board Decision. The pole appears to be positioned properly as long as the overhead wires do not sag lower than the existing wires. The pole must also be positioned to allow handicap access adjacent to the pole in the new sidewalk configuration. This pole should be clearly marked and reviewed with the DPW, the developers and with NStar personnel to ensure proper placement.

 

The location of the proposed underground conduit from the new pole should be located under the new sidewalk and within the new right of way and onto private property. I recommend that the proposed conduit be accurately marked in the field for site review.

 

Please feel free to contact me with any questions, concerns or recommendations on this matter.

 

Appearing for the petitioner was Renee Banks-Clark, Eversource. PUBLIC

COMMENTS: None. Motion made and 2nd that the public hearing be closed, 8 in favor, 0 opposed, 1 abstained (Gately recused). PUBLIC HEARING CLOSED. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED with the conditions as follows: 1. That the recommendations of the Superintendent of Public Works be adopted as conditions of the Grant, 8 in favor, 0 opposed, 1 abstained (Gately recused).

Presented to the Mayor: October 8, 2015               s/Scott D. Galvin October 8, 2015

 

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On the petition by NSTAR Electric Company dba Eversource Energy for a grant of right in a way to install conduit in Wood Street northerly from pole 84/15 approximately 845 feet south of Salem Street a distance of about 50 feet. PUBLIC HEARING OPENED. A communication dated September 10, 2015 was received from Superintendent of Public Works John Duran as follows:

 

Subject: NStar Electric Company d/b/a Eversource Energy- Wood Street

 

Pursuant to the request from Eversource for the installation of approximately 50 feet of conduit from pole 84/15 to the subdivision, I recommend that the City Council allow this petition subject to the following conditions. Damaged bituminous concrete sidewalk must be immediately replaced to the City of Woburn DPW specifications and be ADA compliant. No work appears to be proposed in the newly paved section of Wood Street. If any disturbance does occur, the applicant shall be responsible for curb to curb restoration for a minimum of a 100 foot section and potentially further based upon review and evaluation by the DPW Superintendent after the completion of the work.

 

Please feel free to call with any questions or concerns.

 

Appearing for the petitioner was Renee Banks-Clark, Eversource. PUBLIC

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

9-0. PUBLIC HEARING CLOSED. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED with the conditions as follows: 1. That the recommendations of the Superintendent of Public Works be adopted as conditions of the Grant, all in favor, 9-0.

Presented to the Mayor: October 8, 2015               s/Scott D. Galvin October 8, 2015

 

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On the petition by Oclen Realty LLC, an individual owning land to be affected by change or adoption, and Seaver Properties LLC to amend the Zoning Map of the City of Woburn by changing the zoning district for the property located at 98 and 100 Baldwin Avenue, Dexter Avenue and Warren Avenue; referenced on the Assessors Maps at Map 09, Block

13, Lot 01; Map 09, Block 12, Lot 02; Map 09, Block 12, Lot 01; Map 09, Block 11, Lot 02 and Map 09, Block 11, Lot 01; and further described as the entire parcel of land known as 98 and 100 Baldwin Avenue, to the centerlines of Chester Avenue, Dexter Avenue and Monks Street containing approximately 253,214 square feet of land as shown on a plan by Keenan Survey entitled “Proposed Rezoning Plan in Woburn, Massachusetts” dated October 17, 2014 from R-2/OP zoning district to R-3 zoning district. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Joseph R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn,

Massachusetts 01801 and he stated that the Zoning Ordinance Review Committee (ZORC) submitted a recommendation resulting in another proposed zoning amendment which will be given a first reading at this meeting and which puts the burden for maintain a buffer on a landowner requesting the amendment of the zoning code, that the City Solicitor suggests the effective date of the other proposed ordinance as September 25, 2015 so that the amendment coincides with a special permit which may issue following approval of this zoning amendment, that September 25, 2015 is the date that the recommendation from ZORC was filed with the City Clerk, that more than half of the petitions filed with the City Council are based on purchases contingent on the buyer obtaining necessary permits for their proposed project, that this process of review was a balance between the needs of the neighbors who will now have a second means of access to their neighborhood and the needs of abutting business property owners so as not to burden the landowner with a new buffer requirement but to keep that burden with the petitioner proposing to amend the zoning map, that the buffer zone used to be 150 feet but that was struck down by a court decision, and that the buffer zone used to be in Section 6 of the Zoning Ordinances but is now in Section 5 of the Zoning Ordinances and therefore the Board of Appeals has no jurisdiction over buffer issues. Alderman Raymond stated that the city has been working on this project for over a year, that there will be a new additional access which will benefit the neighborhood, that the subject property has been cleaned, that the buffer issue was addressed, that buffer zones are not being taken away but will be established by the City Council, and that any special permit petition filed with respect to this subject parcel will be required to have the additional access as part of their plan. Alderman Gately stated that many of the projects before the City Council are contingent upon the buyer obtaining permits for a proposed project or the conveyance of land is not completed, that this arrangement is not out of the ordinary. Alderman Anderson stated that in property sales as well as leases it is common that the arrangements are contingent upon the petitioner obtaining permits, that there is a 70 foot buffer requirement from residential property next to industrial or commercial property, that a new ordinance was drafted that provided when converting industrial or commercial property to a residential zone which the city may want to encourage in those instances the buffer requirement still exists but it is on the residential land rather than the industrial or commercial land so as not to harm the existing rights of the business property owner, that it was believed that such a requirement may not encourage the zoning change from industrial or commercial to residential zoning, and that the proposed buffer zone amendment ordinance that will receive a first reading at this meeting allows the petitioner asking to convert from industrial or commercial use to residential use to seek relief from the requirements. Alderman Mercer-Bruen stated that she is concerned about the buffer zone issue being in control of the City Council rather than the Board of Appeals, and that giving the buffer issue to the City Council opens the issue to political pressure. Alderman Concannon stated that he is concerned about approving this zoning amendment based on what may be adopted relative to the buffer zone amendment, that it seems that the buffer issue should be resolved first and then the zoning map amendment acted upon, and that his opinion on this zoning amendment is dependent upon the proposed buffer zone amendment. President Haggerty stated that there will be a change of three members of the City Council after the new year which could impact deliberation and voting on a special permit petition that could be following this proposed zoning amendment. Alderman Anderson stated that there is an issue if the buffer zone amendment ordinance is not adopted. President Haggerty stated that based on comments made at the meetings there appears to be nearly unanimous discussion among the Aldermen about the need to address the buffer issue. Alderman Concannon stated that the rules should not be changed if the change is not in the best interest of the city, that the petitioner has demonstrated a benefit to the city by establishing a smooth transition from an industrial area to a residential area, by providing a second access to the neighborhood and by protecting the existing buffer of the abutting commercial property, and that he will support adoption of this ordinance but hopes that the buffer zone amendment ordinance does not change from what has been discussed. Alderman Raymond stated that the letter from the City Solicitor dated October 2, 2015 stated that by adding an effective date of September 25, 2015 the project can move forward, that the buffer zone review looked at other areas of the city not just the subject area, and that he is comfortable with the proposed buffer zone amendment ordinance but he does not know if there are sufficient votes to pass the amendment because he never asks another Alderman who he or she will vote on an issue. PUBLIC COMMENTS: John Devine, 605 Main Street stated that he is an abutter to the property, that there are two paper streets involved which are being reviewed by a court, and that the petitioner is seeking a zoning amendment for land that he does not own. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2nd that the ORDER be ADOPTED, ROLL CALL: Anderson – Yes, Concannon – Yes, DiTucci – Yes, Drapeau – Yes, Gaffney – Yes, Gately – Yes, MercerBruen – No, Raymond – Yes, Haggerty – Yes, Motion Passes.

Presented to the Mayor: October 8, 2015               s/Scott D. Galvin October 8, 2015

 

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Motion made and 2nd to suspend the rules for the purposes of taking the following matter from the Committee on Infrastructure and Public Lands, all in favor, 9-0. On the Order to authorize the Mayor to enter into a License Agreement with Paul Paris for use of certain land on Locust Street. Alderman Gately stated that this Order will allow the Mayor to enter into a license agreement with Mr. Paris, that he thought negotiations were ongoing, and that the City Council has to authorize the Mayor in order to allow the negotiations to move forward. Alderman Anderson stated that the value of the license agreement has been reviewed by the Assessing Department, and that a value range has been determined. Alderman Concannon stated that he is comfortable with the estimate of value proposed by the Assessing Department, that this is not a sale of the land, that the matter is not required to be put out to bid, and that this proposal is a reasonable approach. Alderman Mercer-Bruen stated that she spoke to the Mayor regarding the issue and that she supports moving forward with the matter. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0. Motion made and 2nd to return to the regular order of business, all in favor, 9-0.

Presented to the Mayor: October 8, 2015               s/Scott D. Galvin October 8, 2015

 

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On the petition by Alderman Raymond to amend the 1985 Woburn Zoning Ordinances, as amended, by deleting Section 26 Solar Overlay District, amending Section 2

Definitions, and inserting a new Section 26 entitled Solar Photovoltaic Installations as set forth in the petition. PUBLIC HEARING OPENED. Alderman Raymond stated that on the advice of the Mayor, Building Commissioner and members of the business community there is not a zoning amendment to handle the number of solar installations in the city, that there can be a more detailed discussion of the ordinance in committee, that before the solar facility at the landfill can move forward a post-closure report has to issue from the Department of Environmental Protection, and that this proposed ordinance does not impact the solar facility at the landfill yet. PUBLIC COMMENTS: Mary Owen, 3 Florence Terrace stated that she wants to know that the solar installations are in

compliance with current buffer zone requirements. Motion made and 2nd that the

PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 10, 2015 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor 9-0.

 

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On the petition by Anthony K. Paone, Jr., Trustee of the 78 Winn Street Realty Trust and Ann’s Realty Trust, 16 Eastman Lane, Palm Coast, Florida 32164 for a special permit pursuant to Section 8 of the 1985 Woburn Zoning Ordinances, as amended, for the minimum setback requirements for parking spaces 1-18 and 26-29 as shown on the site plan filed herewith at 78 Winn Street and 80 Winn Street. PUBLIC HEARING OPENED. A communication dated October 6, 2015 was received from Attorney Matthew E. Scafidi, 5 Campbell Street, Woburn, Massachusetts 01801 as follows:

 

Re: 78 Winn Street and 80 Winn Street, Woburn, MA 01801

 

Dear Mr. Clerk:

 

This office represents Antony K. Paone, Jr., Trustee of 78 Winn Street Trust and Ann’s Realty Trust, the owners of the above-referenced properties.

 

The purpose of this letter is to respectfully request that you continue the public hearing for the site plan application currently scheduled for Tuesday, October 6, 2015 to your next scheduled public hearing in December, 2015.

 

We are currently working with the architect and engineer to revise our plan and address the issues the City had with the subject property.

 

Thank you for your anticipated cooperation in this matter. If you should have any questions or require further information, please do not hesitate to call me.

 

Respectfully submitted, s/Matthew E. Scafidi

 

Alderman Gately stated that there are many issues involving the building and parking lot that have to be addressed. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON DECEMBER 1, 2015, 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 1985 Woburn Zoning Ordinances, as amended, to modify a special permit issued February 27, 2014 to eliminate the handicapped parking spaces at the front of the site at 7 State Street. PUBLIC HEARING OPENED. Alderman Gately stated that the petitioner appeared at the committee meeting, that there were several issues that needed to be addressed, and that the additional information that had been

requested has not been received. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 17, 2015 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0. Motion made and 2nd that a communication be forwarded to the petitioner’s representative advising of the necessity of attending the meetings and requesting the additional required information in writing to the Committee on Special Permits, all in favor, 9-0.

 

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On the petition by Dish, 195 Wildwood Avenue, Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.57b to allow parking of twelve (10) commercial vans overnight at 195 Wildwood

Avenue. PUBLIC HEARING OPENED. A communication dated October 1, 2015 was received from Neil Cronin, City Planner/Grant Writer, Woburn Planning Board as follows:

 

Re:  Planning Department recommendations on special permit application of Dish for overnight commercial parking at 195 Wildwood Avenue

 

Dear Members of the Council:

 

The Planning Department has reviewed the above-referenced special permit application filed in accordance with Section 5.1(57b) which seeks permission to park twelve (12) commercial work vans on the site overnight.

 

The building at 195 Wildwood Avenue currently has two tenants: New England

Industrial Truck and Dish.  The number of employees on the largest shift for New England Industrial truck is 20, while the largest shift for Dish consists of 15 employees.  There are 95 proposed parking spaces on site, and 94 required by the use calculations in the ordinance.  However, after speaking with the Building Commissioner, it has been determined there are insufficient spaces for the twelve (12) additional vans.  The Building Commissioner interprets the ordinance to require a site to support the additional vehicles parked overnight.  Therefore, this property needs an additional eleven (11) spaces (or a total of 106) in order to comply with zoning.

 

After reviewing the site plan, the Planning Department notes the following deficiencies:

 

  • The plan does not show any areas for snow storage;

 

  • The plan does not include details about the location and type of security lighting for the parking lot (Section 8.5.1. of the Zoning Ordinance requires securing lighting for all parking facilities “…which are used at night.”);

 

  • It is unclear if the entrance to the site from Salem Street can support a fire truck in the case of an emergency if the vans are parked as shown on the plan;

 

  • The eight spaces for the overnight vehicles are not striped and must be per Section

8.5(5) of the Woburn Zoning Ordinance; and

 

  • Four (4) of the eight (8) vans to be parked overnight are shown on the plan to be located in compact spaces.

 

If the Council decides to grant the special permit, I recommend the Council impose the following conditions:

 

  1. An updated plan of record shall be submitted that identifies adequate snow storage area(s), provides an appropriate level of detail on the security lighting, and shows the striped eight (8) spaces to be used for overnight parking,. Once the plans have been revised to meet zoning, they should be cited in the blank space in the following condition of approval:

 

“Unless otherwise authorized, all construction shall conform to the Plan of Record which for this project shall be “_____________________________________”;

 

  1. All vehicles that will be parked on site overnight must be registered in the City of Woburn;

 

  1. All compact and handicap spaces must be marked with appropriate signage;

 

  1. The petitioner’s engineer update the plan with a turning radius for a 40’ semi-truck at the entrance on Salem street into the loading bays, and measure the distance of the aisle between the two rows of overnight vans to ensure a proper turning radius;

 

  1. The dumpster not be located in a parking space and be screened with a 6’ sight impervious fence;

 

  1. The vans to be parked overnight be parked at least 4’ from the stairs for proper egress;

 

  1. Deliveries not be allowed during the hours the vans are parked onsite; and

 

  1. The Special Permit be issued to Dish only and shall not be transferrable.

 

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

 

Respectfully, s/Neil Cronin, City Planner / Grant Writer

 

Appearing for the petitioner was Jay Forst, Operations Manager for Dish Network and he stated that the company installs satellite dishes during the day, that the petitioner wants to park their technicians vehicles at the site overnight, that they currently have nine vans but plan to expand to twelve vans, that this petition will allow all the vans to be parked on site overnight in a locked area, that they have been operating at this location for two to three months, that the petitioner was not aware of the requirement of a special permit for the use, that repairs to the vehicles are made at a local garage, that they have a dumpster provider, and that a landscaping company handles the snow plowing. Alderman MercerBruen stated that the petitioner should address the recommended conditions of the Planning Department, and that the vehicles will have to be registered in Woburn. Alderman Gately stated that the petitioner will have to provide a larger plan showing conditions such as parking, snow storage area and access, and that the hours of operation will have to be determined. Alderman Anderson stated that some of the issues raised in the Planning Department communication are issues for the landlord, and that the petitioner should make the landlord aware of the recommended conditions. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 10, 2015 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 Alderman Gately concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 33-35 Garfield Avenue, Woburn, Massachusetts, for the purposes of determining whether said structure or structures are a public nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or other structure, as said terms are used in Massachusetts 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. Alderman Gately stated that there was a dumpster and port-a-potty on the site for over a year, that the landscaping is not being kept up, that there have been numerous issues with tenants requiring police responses, that he has talked with the property owner about actions that would need to be taken, that the petitioner is an absentee landlord, and that he will work with the petitioner to have the conditions improved. Alderman Gately offered photographs of the property for the City Council to review. Motion made and 2nd that the photographs be received and made part of the record, all in favor, 9-0. Alderman Gately offered police reports to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. Alderman Gately offered additional police records to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. Anthony Ngethe stated that he was the property owner, that he resides in Methuen, that the driveway is small, that the dumpster was in the driveway, that the dumpster has been switched out during this time, that he has moved to evict the tenants, that he apologizes to the neighbors for the hardships created,

and that he has no issues raised by the Board of Health but did with the Police Department. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC

HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON DECEMBER 1, 2015, all in favor 9-0.

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CITIZEN’S PARTICIPATION: 

 

A communication dated September 14, 2015 was received from Penny Maciejka-Hoene and Bernd Hoene, both of 51 North Warren Street, Woburn, Massachusetts 01801 requesting citizen’s participation time to address issues at Library Field Park. Motion made and 2nd that MATTER be REFERRED TO COMMITTEE ON LIAISON, all in favor, 9-0.

 

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A communication dated September 23, 2015 was received from Peter Belsito, CEO, Alternative Science & Wellness, Inc., 60 Central Street, Topsfield, Massachusetts 01983 requesting citizen’s participation time to address the City Council regarding the laws and regulations of medical marijuana. Motion made and 2nd that MATTER be REFERRED TO COMMITTEE ON LIAISON, all in favor, 9-0.

 

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A communication dated October 1, 2015 was received from Rob Verdi, 10 Churchill Road, Woburn, Massachusetts 01801 requesting citizen’s participation time to discuss the establishment of a body art studio in the city. Motion made and 2nd that MATTER be REFERRED TO COMMITTEE ON LIAISON, all in favor, 9-0.

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COMMITTEE REPORTS:

 

ORDINANCES:

 

On the Order to approve the expenditure of gifts, donations and contributions received in support of the City’s 375th Anniversary Celebrations and the Substance Abuse Task Force Coordinator, committee report was received “ought to pass” for the following Order:

 

ORDERED    Be it Ordained by the City Council of the City of Woburn, that approval is

hereby given pursuant to M.G.L. c.44, §§53A for the expenditure of gifts, donations and contributions of cash received by the Mayor in support of the City’s 375th Anniversary Celebrations in an amount not to exceed

$50,000.00;

 

That approval is hereby given pursuant to M.G.L. c.44, §§53A for the expenditure of gifts, donations and contributions of cash received by the Substance Abuse Task Force Coordinator in furtherance of the City’s mission to prevent drug abuse and provide support, treatment, access and education to the public in an amount not to exceed $5,000.00; and

 

Expenditures in excess of the above stated amounts shall require additional City Council approval.

 

s/Alderman Anderson

 

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

Presented to the Mayor: October 8, 2015               s/Scott D. Galvin October 8, 2015

 

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

 

On the petition by Gevorg Melikyan dba Milano Jewelry for a new License to Purchase and Sell Second-Hand and Personal Articles of Value and Collectibles, committee report was received “back for action pending receipt of a report from the Woburn Police Department.” Motion made and 2nd to accept the communication dated September 29, 2015 from Woburn Police Detective James Flynn and make it part of the record, all in favor, 9-0. Alderman DiTucci stated that based on the communication from the Police Department the matter should be returned to committee for further review, all in favor, 9-

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

 

*************************  LIAISON:

 

On the communication from the Mayor relative to the erection of an “Angel of Hope” memorial in the city, committee report was received “to approve the location of the memorial at Horn Pond”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: October 8, 2015               s/Scott D. Galvin October 8, 2015

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NEW PETITIONS:

 

Petition by Festival on the Common, P.O. Box 211, Woburn, Massachusetts 01801 for a

Special Event Permit to allow a festival in the area of Woburn Common on November 28, 2015. Motion made and 2nd that the SPECIAL EVENT PERMIT be GRANTED, all in favor, 9-0.

Presented to the Mayor: October 8, 2015               s/Scott D. Galvin October 8, 2015

 

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Petitions for renewal of First Class Motor Vehicle Sales Licenses by: C.N. Wood Company, Inc., 200 Merrimac Street; Woburn Foreign Motors, Inc., 394 Washington Street; and Woodco Machinery, Inc., 22 North Maple Street. Motion made and 2nd that the MATTERS be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND

LICENSES, all in favor, 9-0.

 

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Petitions for renewal of Second Class Motor Vehicle Sales Licenses by: Robert

McSheffrey dba Bob McSheffrey Auto Sales, 880 Main Street; Capelo’s Auto Service,

Inc. dba J.C. Auto Sales, 84-86 Winn Street; Oliver M. McDermottroe dba

McDermottroe Auto Sales, 229 Lexington Street; McSheffrey Auto Sales, Inc., 878 Main

Street; Ollies Service Center, 310 Main Street; Adamo Rufo dba Route 16 Auto Broker,

280 Salem Street; Southside Associates, Inc. dba Burke’s Garage, 71 Main Street; David

Dellarocco dba Woburn Auto Sales, 5 Crescent Avenue, #4; Woburn Gas & Service, Inc.,

545 Main Street; and Wassim (Sam) Nicolas dba Woburn Square Mobil, 23 Pleasant Street. Motion made and 2nd that the MATTERS be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

 

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Petition by TransAction Corporate Shuttles, Inc., 5 Wheeling Avenue for renewal of Common Carrier License with increase in vehicles from 43 to 70. 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 Sam S. Avakian dba SA Livery Services, 3 Carmen Terrace for a new Livery License. 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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A communication dated September 23, 2015 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Minor Modification to Special Permit Granted to Minast LLC for Lot 1, Presidential Way, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Please be advised that I represent Minast LLC.  On July 9, 2015 the City Council granted a Special Permit to Minast LLC for the construction of a new building containing approximately 46,858 square feet of gross floor area for:  (1) warehouse and distribution use; and (2) office use (the “Decision”).

 

On May 28, 2015, the Petitioner filed a revised set of plans with your office that were presented to the City Council at its public hearing on June 16, 2015 and accepted as part of the permanent record.  The plans presented to the City Council on June 16, 2015 were the plans voted on by the City Council in granting the Special Permit.  Through inadvertence (except for the revision date to the overall site layout) we did not include the revision dates for the complete set of plans.  We have confirmed with your office that said plans were filed and presented to the City Council.  However, through inadvertence or mistake, the revision dates for all of the plan pages were not set forth in the list of conditions proposed by the Petitioner.  Therefore, we are asking for approval of a modified Condition 1 as a minor modification to correct the mistake.

 

The proposed revision to the Decision is to correct a mistake in that the revision dates to the revised plan filed with the City Clerk’s office on May 28, 2015 and presented to the City Council at its public hearing on June 16, 2015 were not all listed in the list of conditions proposed by the Petitioner.  By correcting Condition 1 in the Decision it does not result in any change or modification to the location of the buildings or any of the conditions contained in the decision.

 

On behalf of my clients, I respectfully request approval by the City Council at its meeting on October 6, 2015 of a minor modification to the Decision by replacing Condition 1 of the original Decision with the following Condition:

 

1. “Unless otherwise authorized, all construction shall conform to the Plan of

Record which for this project shall be “Presidential Way Development

Woburn, MA; Client: Minast LLC, 11 Presidential Way, Woburn, MA

01801; Prepared by: WorldTech Engineering, 300 Tradecenter Suite 5580,

Woburn, MA 01801; Sheet No. T-01 (Title Sheet and Index) dated 2-2515 not to scale; Sheet No. EX-1 (Existing Conditions Survey) dated 2-2615, at a scale not noted; Sheet SP-1 (Overall Site Layout Plan) dated May 12, 2015, revised 3-27-15, revised 5-20-15 and 5-28-15 at a scale of

1”=40’; Sheet GD-1 (Site Grading and Drainage Plan, Sheet 1 of 2) dated

May 12, 2015 revised May 20, 2015 and May 28, 2015 at a scale of

1”=40’; Sheet GD-2 (Site Grading and Drainage Plan, Sheet 2 of 2) dated

May 12, 2015 revised May 20, 2015 and May 28, 2015 at a scale of

1”=40’; Sheet U-1 (Proposed Utility Plan) dated May 12, 2015 revised May 28, 2015 at a scale of 1”=40’; and Sheet L-1 (Overall Site Landscape

Plan) dated May 12, 2015, revised 3-27-15 revised May 20, 2015 and May 28, 2015 at a scale of 1”=40’.”

 

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

 

Very truly yours, s/Joseph R. Tarby III

 

Motion made and 2nd to receive the communication and make it part of the record, all in favor, 9-0. Motion made and 2nd to suspend the rules for the purposes of hearing from the petitioner on the matter, all in favor, 9-0. Attorney Tarby stated that the plans were updated but the conditions offered did not have the latest revised date of the plan listed, that all of the plans were presented at the public hearing but the proposed condition did

not have the revised dates of the plans listed. Motion made and 2nd that the MINOR MODIFICATION TO INCLUDE THE REVISED DATES be APPROVED, all in favor,

9-0.

 

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Petition by NSTAR Electric Company and Verizon New England Inc. for a grant of right in a way to relocate joint occupancy pole 260/2 on the northwest side of Munroe Avenue approximately 165 feet northeast of Pine Street approximately 12 feet northeast. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-

0.

 

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Petition by New Cingular Wireless PCS, LLC (AT&T), c/o Centerline Communications,

95 Ryan Drive, Suite 1, Raynham, Massachusetts 02767 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.80b to allow AT&T antenna modification to the existing site on the roof at 397 Main Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Hugo Moraes, 1 Middlesex Canal Park, Woburn, Massachusetts 01801 for special permits pursuant to 1985 Woburn Zoning Ordinances, as amended, as follows: 1. Section 5.1.5 to allow for seven (7) residential dwelling units above the first story of a full service restaurant; 2. Section 5.1.28 (Note 16) to allow for hours beyond 11:00 p.m. at a full service restaurant; 3. Section 7.3 finding to allow for reconstruction, extension, or structural change to a non-conforming structure; 4. Section 8.3 substitution for required parking in a B-D District to be a municipal lot within 500 feet of uses to be served; and 5. Section 11.6.11 to allow for dwelling unit parking at a municipal parking lot within 500 feet of the locus, all at 434 Main Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0. *************************

Petition by Melanson Development Group, Inc., 5 Robertson Way, Woburn,

Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.3c, 11.3.12, 11.11, 12.3.2, 18 and other applicable sections to allow construction of eighteen (18) residential townhouse units at 165 Cambridge Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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COMMUNICATIONS AND REPORTS:

 

A communication dated September 17, 2015 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 Jan. 2015 to August 2015: Number of violations issued 595, Numbers of violations paid

291, Number of violations outstanding 223, Amount collected and submitted to Collectors Office $33,817.60, Parking fines referred to the Handicap Commission $10,300.00.

 

There is a backlog of 1,698 unpaid tickets dating from January 2004 to August 2015. 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, all in favor, 9-0.

 

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A communication dated October 1, 2015 was received from Building Commissioner Thomas C. Quinn, Jr. as follows:

 

Re; Woburn Municipal Code Title 15 Article VIII 15-42

 

Dear Members of the City Council:

 

With regard to the above referenced section of the Woburn Municipal Code, I submit the following quarterly nuisance report for the period of July 1, 2015 – September 30, 2015.

 

142 Main Street (Matter with City Council)

20 Garfield Avenue no response from owners agent, matter being looked into by City Solicitor.

 

124 Dragon Court hearing held July 29, 2015 owner given to September 30, 2015 to comply, October 1, 2015 summons issued to property owner from court for noncompliance, will update when additional information is available.

 

6 East Dexter Avenue matter with District Attorney’s office next hearing scheduled for November 4, 2015, will update when additional information is available.

 

31 High Street Owner still cleaning exterior grounds.

 

Issues resolved:

 

399 Washington Street

369 Washington Street

425 Washington Street

 

As always if there are any questions or concerns do not hesitate to contact me.

 

s/Thomas C. Quinn Jr., Building Commissioner, 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 copy of a communication dated September 11, 2015 was received from Town of

Winchester, Massachusetts Engineering Department advising of a request to the Executive Office of Energy and Environmental Affairs for an extension of the comment period relative to the Tri-Community Bikeway Environmental Notification Form and approval by the Massachusetts Environmental Policy Act (MEPA) Office to extend the time to September 29, 2015. 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 2015 was received from United State Environmental Protection Agency relative to Wells G&H Superfund Site, Operable Unit 1. 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 2015 was received from United State Environmental Protection Agency relative to Industri-plex Superfund Site, Operable Unit 2. 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.

_________________________

 

APPOINTMENTS AND ELECTIONS:  None.

________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

From Traffic Commission:

 

ORDERED     ERIE STREET – No parking both sides from the intersection with Central Street to the intersection with Washington Street.

 

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

Presented to the Mayor: October 8, 2015               s/Scott D. Galvin October 8, 2015

 

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ORDERED     Be it Ordained by the City Council of the City of Woburn that the 1985 Woburn Zoning Ordinances, as amended, be further amended as follows:

 

1. By deleting Section 5.7 in its entirety and replacing same with the following:

 

5.7  Buffer Requirements

 

    1. Along each boundary of a Mixed Use or Business district other than Business Interstate which adjoins any Residential district in the City of Woburn there shall be a buffer zone of twenty (20) feet in addition to the minimum side and rear yard setbacks.

 

    1. Along each boundary of an Industrial (I), Office Park (OP), or Business Interstate (BI) district which adjoins any Residential district in the City of Woburn there shall be a buffer zone of seventy (70) feet in addition to the minimum side and rear yard setbacks.

 

    1. If the buffer zone requirement in Section 5.7.1 or 5.7.2 above is triggered by a rezoning of Industrial (I), Office Park (OP), or Business Interstate (BI) to Residential (R-1, R-2, R-3 or R-4) that occurs after (insert date), the burden of providing the buffer zone shall be imposed on the property rezoned.  The City Council may waive or vary the imposed buffer zone requirement by special permit if it determines that:

 

  1. Existing or proposed alternative screening devices such as fences, evergreen plantings and earthen berms will provide a reasonable buffer between incompatible land uses;

 

  1. Waiving or varying the buffer zone requirement will not substantially impact the comfort, privacy, quiet enjoyment and standard of living of residents in the property rezoned; and

 

  1. The nature or circumstances of the particular lot, project or neighborhood justifies a different buffer requirement, including but not limited to topography, soils, or other site conditions which make the planting or maintenance of the buffer impractical.

 

Alternative screening devices authorized under this Section shall not be subject to the provisions of Sections 5.3.2, 5.3.4, or 5.7.7., except that the City Council shall insure that any plantings required by this Section do not interfere with or encroach upon sight lines or violate other provisions of the Woburn Municipal Code, Woburn Zoning Code or the Woburn Land Subdivision Rules and Regulations.

 

  1. The buffer zones required by this section 5.7 shall, except to the extent provided in Section 5.7.3 or 5.7.5, extend from the zoning district boundary line into the mixed use, Business, Industrial or Office Park district, whichever the case may be.

 

  1. If the boundary line between an “I” or ”OP” district and an ”R” district falls within or along a Road (as defined below) which is located either in the ”R” district or in both the ”R” district and the ”I” or “OP” districts, that portion of any such Road in the ”R” district from the centerline of the Road to the zoning district boundary line shall be included to meet this seventy (70) foot buffer zone requirement.  For purposes of this Section 5.7, Road means any road, street, highway or other public way or way devoted to public use including the untraveled portion of any layout for any such road, street, highway or other way, but shall not include a “paper’ street.

 

  1. The buffer zone may be used for the following purposes:

 

  1. To calculate the Minimum Usable Open Space percentages required in Section 6.1;

 

  1. For driveways, useable open space, walkways and landscaped areas;

 

  1. Overnight parking of passenger vehicles, except that no portion of the buffer area within fifty (50) feet of the boundary line of a Residential district may be used for such purposes.

 

7. The buffer zone shall contain a screen of evergreen plantings along the full extent of its border with the residential district and at least ten (10) feet from such border.  In the case of a buffer along a Road, the plantings must be at least ten (10) feet from the edge of the Road.  Such evergreen plantings shall be not less than three (3) feet in width and six (6) feet in height at the time of occupancy of such lot, and shall thereafter be maintained by the owner or occupants so as to maintain a dense screen year round.  Other alternative screening devices may be permitted by Special Permit where topography, soils, or other conditions make the planting or maintenance of such a hedge impracticable.

 

2.   By deleting Note 8 in Section 6.1 Footnotes to 6.1 Table of Dimensional Regulations in its entirety and replacing same with the following:

 

8. Structures located in Office Park (OP), Industrial Park (IP), Industrial Park Two (IP-2), and Business Interstate (BI) zoning districts, which are within seven hundred (700) linear feet of Residential-One (R-1), Residential-Two (R-2) and ResidentialThree (R-3) zoning district boundary lines in the City of Woburn, shall have a maximum height of thirty-five (35) feet and/or three (3) stories.  Any variation from the foregoing height/story limitation shall require the issuance of a special permit by the City Council.  Where there is a rezoning subsequent to [insert date] that creates one or a combination of R-1, R-2, R-3 or R-4 zoning districts, then the seven hundred (700) foot linear distance shall be measured from the location of the residential zoning district boundary line as it existed on [insert date].

 

s/Alderman Raymond and Alderman Anderson

 

Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING at the

City Council Regular Meeting on November 10, 2015, and be referred to Committee on Ordinances and that the words “[insert date]” be deleted and the words “September 25, 2015” be inserted in its place, all in favor, 9-0.

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:18 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

 

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