City Council – 07/10/2008

DATE 07/10/2008
TIME 7:30 pm
ADA Yes
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

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

CITY OF WOBURN

JULY 10 2008 – 7:30 P.M.

SPECIAL MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Denaro                       Gately

                                                Drapeau                      Gonsalves

                                                            Dwyer                         Mercer-Bruen

                                                Galvin                         Raymond

Doherty

________________________

Pursuant to Title III, Section 12 of the Charter of the City of Woburn, His Honor the

Mayor has called a SPECIAL MEETING of the City Council to be held in the Council

Chambers, Woburn City Hall, 10 Common Street, Woburn on Thursday, July 10, 2008 at 7:30 p.m.  for the purposes of taking action on pending financial matters and for any other matter that may be legally before the City Council.

_________________________

 

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

_________________________

 

A communication dated July 8, 2008 was received from His Honor the Mayor as follows:

 

Dear Mr. Campbell:

 

I hereby request that the following matters be taken up for consideration by  the City Council at the special meeting on July 10, 2008: A. Appropriation for stadium lavatories at WMHS, B. Transfer of funds to the Reeves playground project, C. Appropriation for FY 08 Salary adjustment, D. Appropriation for police vehicles.

 

Sincerely, s/Thomas L. McLaughlin, Mayor

_________________________

 

Motion made and 2nd to suspend the rules for taking the following matters from the Committee on Finance, all in favor, 8-0-1 (Gonsalves absent).

_________________________

 

On the Order to appropriate the sum of $400,000.00 from School Stabilization Fund Account to WMHS Comfort Station Included as Part of ACO Account. Mayor McLaughlin offered a document entitled “Woburn High School Athletic Stadium Toilet

Facility – July 10, 2008 – Budget Analysis and Options” to the City Council for review. Motion made and 2nd that the document be received and made part of the record, all in favor, 8-0-1 (Gonsalves absent). Appearing was Brooke Trivas of Tappe Associates and she stated that the city has been instructed by the Massachusetts Plumbing Board of Appeals to construct a facility with 23 toilets, that there will be fifteen women’s toilets and eight men’s toilets, that the facility will be located on the northwestern portion of the lot, that this is located outside the perimeter road at the stadium, that it will be fully handicapped accessible, that there will be on-grade access, that a line of evergreen trees will be planted along the building for screening, that the landscape designs have not yet been prepared but some concept plans can be made available, that their interpretation was that the stadium was an extension of the school building and toilet facilities were provided in the building and further portable facilities could be used for large events, that this is the interpretation that they used at initial design and for other facilities, that after the high school was completed with the bathroom facilities in the building they learned that additional facilities were needed, that the toilets in the athletic building were accessible to the outside without going into the locker rooms, that they conducted monthly regulatory meetings in which all city officials were invited to attend, that the former city plumbing inspector never gave input in this issue at those meetings, that one unisex toilet facility was going to be made available in a concession stand near the seating but the concession stand was not built, that the final design has a unisex bathroom near the stadium, that the decision was made to eliminate the concession stand, that the concession stand was a bid alternate to the project but not constructed because of the cost, that their consultant indicated that a number of other schools did not follow this interpretation of needing additional facilities but rather saw it as an extension of the school building, that there were many very cooperative meetings in which city officials were allowed to come forward to bring concerns to the forefront, that it was not in anyone’s interest not to address these issues early, that generally the architect will come up with a plan that is brought to the local plumbing inspector and the issue is addressed locally rather than going to the State Plumbing Board, that many comments were raised during the process but not on this issue, that the meetings were to review the documents in incremental phases, that this gave city officials the opportunity to make comments within their jurisdiction, that this was a 340,000 square foot facility and this was the only code issue that was brought up after construction, that there were hundreds of code interpretations made by many city officials during the construction phase, that the portable toilets for events at other schools were allowed for dozens of years, that if someone believes that a code interpretation was wrong there was opportunity for city officials to say so, that there are three interpretations of this issue, that the original design had pipes for water and sewer service to the concession stand, that the bathroom is a 65 foot by 24 foot facility, and that the is no where else that this can be located than the proposed site. Appearing was Patrick Saitta, WMHS Project Manager and he stated that an amended Order of Conditions was issued from the Conservation Commission and that he will make a copy of that record document available to the City Council for review, that there are separate entries to the men’s facilities and the women’s facilities, that metal doors will be installed on the stadium side, that if noise to the neighbors is a concern then sound-deadening doors can be installed, that there should be no odors emanating from the building, that it is due to a decision of the State Plumbing Board that this building is being erected, that the bathrooms can be constructed as a modular unit or as a conventional building, that the modular unit is a steel frame building with a concrete floor and hardiplank exterior, that the facility will be as vandal-proof as possible in a conventional building, that the sewer connection will be brought in from Salem Street, that the project cost is $600,000.00 in hard and soft costs, that there is approximately $200,000.00 left over the prior authorization and an additional $400,000.00 is needed to complete the project, that minimal heat can be maintained to the building during the offseason, that the facilities will be for all uses within the confines of the stadium, that the number of toilets is based on the number of seats in the stadium, that the facility could likely be used for the soccer practice field as well, that the Conservation Commission has suggested that the facility be located on the plaza although the architect’s suggestion is in the parking area, that other proposed areas were deemed not sufficient because of the rock in the subgrade in that area, that where the building is located is the only placed that the facility can be located and tied into the sewer easement out of Salem Street, that the soil conditions allow this, that the issue of the other athletic facilities use of the bathrooms was not discussed, that the State Plumbing Board is taking a new fresh look at this issue, that it is difficult to compare this project with other earlier projects because of this interpretation by the State Plumbing Board, that the mechanical engineer made a call to the State Plumbing Board and received confirmation that average attendance could be used in calculating the need for the toilet facilities, that the building will have heating and ventilation by code, that the total cost for the modular structure is a total build-out cost of $600,000.00 for 23 toilets, that to bring water and sewer through the plaza would require digging five feet into the rock, and that the original design was always to come from Salem Street with the water and sewer service. Mark Reich, City Solicitor stated that the decision was made by the former plumbing inspector to go to the State Plumbing Board for an interpretation, that the interpretation was that this is a stadium and not an extension of the school, that the city sought a variance from the decision which would have required the installation of sixty toilets, that the variance from the plumbing code was granted, that the State Plumbing Board makes the final decision, that a significantly smaller facility is permitted after the variance proceeding, that moving the seating to an area closer to the school athletic building would be a design change, and that this may be a significant detrimental change. Mark LaLumiere, Building Inspector, Woburn Department of Inspectional Services, stated that numerous design issues were brought up and addressed during the design phase, that plumbing issues were addressed, that the bathroom issue was not addressed, and that the bathroom issue became an issue in September 2007 but construction of the stadium had started. Mayor McLaughlin stated that the building was complete and the School Committee asked if a concession stand could be located on the site, that a meeting was called which included an invitation to the former plumbing inspector, that at that time the plumbing inspector raised the issue of insufficient toilet facilities at the stadium, that the stadium had not been completed, that the School Building Committee was brought this issue of the toilets as ancillary to the concession stand, that the School Building Committee decided that an answer was needed and contacted the State Plumbing Board for a determination, that it was at this time that the interpretation was made, that the city did not appeal the decision because they received a variance from 65 units to 23 units, that the State Plumbing Board’s decision stood for 65 units then the city would have had to go back in and rip up the work that had been completed to that time, that the city did not come up short on money for the football field but rather there was an upgrade on the football field, and that if the State budget is signed the city may be in line to receive $200,000.00 from the State for this project. Alderman Denaro stated that the city should not have to build a facility of this size, that some comfort stations should be provided but not one this large, that this was caused because of the actions of the former plumbing inspector, that this was a poor decision by the State Plumbing Board, that their decision was ridiculous, and that this decision will impact communities across the Commonwealth. Alderman Drapeau stated that having the toilets clear across the field in the school building raises an issue, that it may have looked better but was not a practical solution, that the options are limited here for the city, that he is not in favor of expending this large sum of money for the project, that he is willing to vote against the transfer, that this issue should have been discussed during the building process, and that the concern should have been expressed by the plumbing inspector during the building process. Alderman Gately stated that the grandstands are currently under a temporary occupancy permit without the bathrooms, that closing down the facility in the off season and re-opening it is a costly venture, and that there is no original land behind the school that could accommodate the facility. Alderman Galvin stated that this interpretation by the architect was made in good faith and the former plumbing inspector did his job and that the issue must be addressed. President Doherty stated that this issue was discussed but the architects decided that having the facilities in the building was the best way to build the project, that this was the architects’ decision, that he is concerned that the 23 toilets are only to accommodate the football stadium but might not be adequate for use by the other athletic facilities on site such as the softball field, that he wants to see an overhead radius plan as to the location of the toilets in comparison with other athletic fields, that it does not take a lot of work to demonstrate all of the other fields available and the number of toilets available, that at the end of this nearly $70,000,000.00 project efforts were made to short the project, that some consideration should have been made to place the toilet facility closer to the school in the center of all the athletic fields, that the City Council has been asked a number of times for additional funding and the City Council has supported these requests, and that there are major concerns as to how this issue arose. During the debate President Doherty stepped down from the chair and Alderman Galvin assumed the chair. At the conclusion of the vote on the issue, Alderman Galvin stepped down from the chair and President Doherty assumed the chair. Motion made and 2nd that the ORDER be ADOPTED, AS AMENDED, with the amendment as follows: That if the city receives $200,000.00 in State funding for the project the amount of that funding will revert to the Stabilization Account, ROLL CALL: Denaro – Yes, Drapeau – Yes, Dwyer – Yes, Gately – Yes, Gonsalves – Absent, MercerBruen – Yes, Raymond – Yes, Doherty – Yes, Galvin – Yes, Motion Passes.

President Doherty filed a notice of intention to move for reconsideration on July 11,

2008 at 3:05 p.m

_________________________

 

On the Order to transfer the sum of $45,000.00 from Demolition of Reeves School

Account to Reeves School Landscaping Account. Appearing was City Engineer John Corey and he stated that this is the recreation component of the Reeves School project, that the foundation of the old school building was to remain however a decision was made to remove the foundation, that asbestos was found on the interior of the foundation which could not be determined earlier, that the low bidder for the project has indicated an intention to withdraw their bid, that the total project cost was $425,000.00, that there was an original appropriation of $380,000.00, that the school department is seeking the difference in this appropriation, that the bus turnaround, new walkways and student drop off is a considerable expense, that the Reeves Parent Teachers Organization is providing some funding to purchase the playground equipment, that the approximate cost of the play equipment is $100,000.00, that the field has to be regarded to make the field a level playfield, that $600,000.00 was for building demolition and site stabilization, that $425,000.00 is for the bus turnaround, voter access and recreational facilities, that the work must be completed prior to the opening of the school in the fall, that the Purchasing Agent will be making a determination on the bids on Monday, and access from the rear of the school is being addressed. City Engineer Corey submitted a report dated July 11, 2008 entitled “Proposed Recreation Facilities – Reeves School Supplemental Funding”, a report dated July 3, 2007 entitled “Reeves School Recreation Project”, and a report dated

August 16, 2007 entitled “Reeves School – Project Progress Report Recreational Master Plan” to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 8-0-1 (Gonsalves absent). Alderman Galvin stated that this is a significant amount of money for a recreational facility. Alderman Drapeau stated that if this building had not been built while the old building was in place the site work and recreational component may have been accomplished in a better manner, and that the current conditions are not safe. President Doherty stated that the sidewalk to Cambridge Road should be a consideration for improvement as it is a major access way to the school, that this is a safety issue that should be addressed, and that this is conceptually a new school and the sidewalk issue should be addressed. Motion made and 2nd that the ORDER be ADOPTED, ROLL CALL: Denaro – Yes, Drapeau – Yes, Dwyer – Yes, Galvin – No, Gately – Yes, Gonsalves – Absent, Mercer-Bruen – Yes, Raymond – Yes, Doherty – Yes, Motion Passes.

Presented to the Mayor: July 11, 2008       s/Thomas L. McLaughlin July 11, 2008

_________________________

 

On the Order to appropriate the sum of $421,431.20 as a Supplemental Budget Fiscal 2009 Budget for various department accounts. Appearing was City Auditor Gerald Surette and he stated that the appropriation was for several union negotiated salary increases, $10,000.00 for the independent audit, increases in the stipends for election poll workers, increases in the salary paid to police matrons, police crossing guards and police reserve officers, payments on a lease for the Parks Department, the MWRA sewer assessment which was higher than estimated, and a union clothing allowance. Alderman Galvin stated that these appear to be mostly retroactive salary increases. President Doherty stated that the City Council may learn about the percentage of salary increases but there are costs that do not show up on the budget side such as the take home vehicles or clothing allowances, that this information should be provided to the City Council so that the true cost of these long-term obligations are known, that if there is a problem the information should be brought to the City Council immediately not when it is an urgent problem, that the City Council should be notified of what decisions the mayor makes, and that the City Council may not be part of the negotiating process but should be notified once a decision is made. Alderman Mercer-Bruen stated that she agrees that these costs should be part of the public record. Alderman Drapeau stated that since the City Council is not part of the collective bargaining process its involvement is only to appropriate the funding, that at some point there will not be anymore funding available for contract

salary increases, and that adjustments will have to be made. Alderman Galvin stated that the City Council can reject an appropriation but it does not. Motion made and 2nd that the

ORDER be ADOPTED, ROLL CALL: Denaro – Yes, Drapeau – Yes, Dwyer – Yes, Galvin – Yes, Gately – Yes, Gonsalves – Absent, Mercer-Bruen – Yes, Raymond – Yes, Doherty – Yes, Motion Passes.

Presented to the Mayor: July 11, 2008       s/Thomas L. McLaughlin July 11, 2008

_________________________

 

On the Order to appropriate the sum of $40,000.00 from Overlay Reserve Account to Police Traffic Vehicle Account. Appearing was Mayor McLaughlin and he stated that this Order is in response to the desire of the City Council to increase traffic enforcement. Kevin Johnson, Woburn Police Traffic Division, stated that this vehicle will serve multiple purposes, that it will be used to pull the speed trailer around to locations in the city, it will hold accident reconstruction equipment and it will be used during snow storms to issue citations for cars parked in violation of the traffic ordinances, that the vehicle has to have a police package and the Ford Expedition is the only vehicle available with the police package, that the vehicle will be used by members of the Traffic Division, that this will be a specific purpose vehicle and not be used for general patrol, that this will aid the members of the Traffic Division but will not mean additional patrol officers in the Traffic Division, that this is a replacement vehicle and not an additional vehicle for the department, that this current vehicle is eight years old with 115,000 miles, that no police service packages are available in hybrid vehicles, that no smaller vehicle than a Ford Expedition has a police package, that this vehicle has to equipment necessary to meet the needs of the Traffic Division, that there was a 1997 Tahoe in use in the Traffic Division, that the State bid is only with Ford, and that the department could look into purchasing a Chevrolet but the Department of Public Works performs general maintenance on the vehicles and has equipment to service Ford vehicles only. Alderman Drapeau stated that there has to be more traffic enforcement. Alderman Gately stated that this vehicle will be a great asset to the department and the community. President Doherty stated that there should be a potential available for purchasing hybrid vehicles. Motion made and 2nd that the ORDER be ADOPTED, ROLL CALL: Denaro – Yes, Drapeau – Yes, Dwyer – Yes, Galvin – Yes, Gately – Yes, Gonsalves – Absent, Mercer-Bruen – Yes, Raymond – Yes, Doherty – Yes, Motion Passes.

Presented to the Mayor: July 11, 2008       s/Thomas L. McLaughlin July 11, 2008

_________________________

 

ORDERED     Be It Ordained by the City Council of the City of Woburn that the 1985 Woburn Zoning Ordinances, as amended, be further amended by adding a new Section 23 Commerce Way Corridor Overlay District as follows:

SECTION 23

COMMERCE WAY CORRIDOR OVERLAY DISTRICT

  1. Purpose of District

 

    1. To promote the health, safety and general welfare of the community by encouraging the redevelopment of underutilized and/or obsolete commercial and industrial sites to allow for mixed use developments which may include high end office, commercial, retail and multi-family residential uses along the Commerce Way

Corridor/I-93 Interchange/Atlantic Avenue/Anderson Station Area.

    1. To encourage mixed residential, retail and office uses in order to increase opportunities for development in transit served areas of the community.
    2. To encourage the development of comprehensive projects of appropriate scale in an area that provides proximate access to major highways and public transportation;
    3. To provide a desirable mix of land uses, including both residential and non-residential development that will serve the community and regional interest in housing, employment, and net positive tax revenue.
    4. To promote creative, efficient and appropriate solutions to the development of complex and/or environmentally challenged sites.

 

  1. Scope of Authority

 

The Commerce Way Corridor Overlay District (the “”CWCOD”) is an overlay district superimposed on portions of the existing Industrial Park (I-P) Zoning District, Industrial Park Two (IP-2) Zoning District, and the Interstate Business (B-I) Zoning District, as shown on the

Zoning Map dated _____, as may be amended from time to time.

 

The overlay district shall permit mixed use development including high end office, retail, and multi-family residential development with open space and accessory services related to each use. The current land uses allowed in the underlying I-P Zoning District, IP-2 Zoning District and B-I Zoning District, shall not be allowed in the new Zoning district unless so stated.

  1. Procedures

 

All development within the CWCOD shall be permitted subject to a CWCOD Comprehensive Plan application and subsequent Site Plan and Special Permit approval.  The City Council shall be the permit granting authority for all permits under the CWCOD Ordinance, notwithstanding anything to the contrary elsewhere in this Ordinance.   Within 65 days of the submission of a CWCOD Comprehensive Plan, the City Council shall, by majority vote, determine whether the proposal is consistent with the purpose of the district and the provisions detailed in Section 13 CWCOD Comprehensive Plan Requirements.  A decision of the City Council and any applicable findings regarding compliance with the CWCOD Comprehensive Plan process shall be filed with the City Clerk.

 

Upon approval of the CWCOD Comprehensive Plan, the developer may submit a Site Plan application to the City Council, along with any applicable Special Permit petitions, for review and approval of specific site design features and proposed uses.  The applicable procedures and submission materials shall be consistent with the regulations defined within Section 12.1.4 Procedures, 12.1.5 Content of the Application for Site Plan Review; 12.6 Conditions; and 12.7 Application Review Fees – Special Municipal Accounts, of the Ordinance.

 

All Special Permit applications shall be prepared and submitted in accordance with Section 11 Special Permits and Variances of the Ordinance.

  1. Definitions

 

Except as provided below or herein, defined terms shall have the same meanings as in the Zoning Ordinances.  The following terms shall have the following meanings in the CWCOD:

 

AFFORDABLE UNITS – Affordable Units shall be designated as housing units for which the purchase price or rent is established in accordance with the local, state, or federal guidelines to ensure that it will be purchased or rented by a person or household with income at or below the levels established by state statutes and regulations to permit such units to be counted toward any affordable housing unit requirements established by state law and/or regulation.  Subject to applicable laws and regulations, Woburn residents shall be given preference with respect to the occupancy of any units created or funded pursuant to this definition, with the local preference criteria to be determined by the City Council or its agent.  All residential development within the CWCOD shall meet the requirements of Section 11.11 of the Woburn Zoning Code.

 

COMMERCE WAY CORRIDOR OVERLAY DISTRICT:  A zoning

district which is superimposed over certain parcels within the existing Industrial Park (I-P) Zoning District, Industrial Park Two (IP-2) Zoning District and the Interstate Business (B-I) Zoning District along Commerce Way, the I-93 Interchange, Atlantic Avenue and Anderson Station.

 

FRONTAGE:  For purposes of this Section, frontage shall mean the line adjacent to:  (a) any internal site drive of any length which connects (directly or indirectly) to a way approved by the City Council as part of a Special Permit granted under this Section and the City Council

 

designates as a public way in private use; or (b) a public way which the City Clerk certifies is maintained and used as a public way; or (c) a way shown on a plan theretofore approved and endorsed in accordance with the subdivision control laws; or (d) a way in existence when the subdivision control law became effective in the City of Woburn having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land the buildings erected or to be erected thereon.  Frontage shall be measured in a single continuous uninterrupted line on the street or streets.

 

LOT:  A parcel of land used or set aside and available for use on the site of one or more buildings and buildings accessory thereto, including structured parking, or for any definitive purpose in one (1) ownership, having frontage as described herein and may be divided by a street or way and may include any land within the limits of a public or private way upon which such lot abuts.  A lot for purposes of this CWCOD may or may not coincide with a lot of record.

  1. Permitted Uses Allowed by Right

 

Subject to the provisions of the Zoning Ordinances applicable to the underlying district, unless otherwise provided herein, land and buildings within the CWCOD may be used for any purpose permitted as of right or by special permit in the underlying district.  Multiple uses may be contained within a single building or structure.

 

The following uses shall be allowed by right in the CWCOD, in addition to the uses allowed in the underlying district:

 

    • Childcare and adult care facilities;
    • Essential public services, – Fire station and sub fire station; police station;
    • Movie Theater or Cinema (15,000 square feet or less);
    • Private membership club;
    • Health, sports and fitness clubs and related facilities;
    • Professional offices such as physicians, dentists, opticians, real estate brokers, lawyers, engineers, accountants, architects, licensed physical and mental health professionals; etc. (under 15,000 sq ft);
    • Administrative, executive and similar offices of the type generally found in office space in the greater Boston, Massachusetts area from time to time;

Personal services establishments including but not limited to barber and beauty shops, shoe repair, retail dry cleaning;

Retail establishments with a net floor area of 60,000 square feet or less;

    • Post offices and banks;
    • Restaurants, Full-Service – with no drive through service;
    • Bakeries – primarily retail outlet ;
    • Automatic teller machine;
    • Financial Institution;
    • Construction trailer used in conjunction with an on going building permit;
    • Diagnostic medical laboratories pertinent to offices of physicians and dentists;
    • Kiosks not to exceed 144 square feet;
    • Attached or detached parking garage (above and below grade);
    • Shuttle Service Systems, which shall mean the operation of buses or similar motor vehicles designed for the transport of groups of people, together with shelters at shuttle stops;
    • Shop of artist or craftsperson;
    • Travel agency or travel service;
    • General service establishments including appliance repair, radio or TV repair;
    • Public Space (A publicly accessible area that is intended to promote social interaction and create a pedestrian friendly focal point for surrounding street level activities permitted within the CWCOD)
  1. Permitted Uses Allowed by Special Permit

 

The following uses shall be allowed by special permit in the CWCOD:

 

    • Professional offices such as physicians, dentists, opticians, real estate brokers, lawyers, engineers, accountants, architects, licensed physical and mental health professionals; etc. (Over 15,000 sq ft);
    • Townhouse dwellings;
    • Elevator high end  luxury apartments;
    • Dwelling units above Office, Retail, Service or Commercial Use;
    • Assisted living; congregate living, continuing care, retirement community;
    • Retail establishments with a net floor area in excess of 60,000 square feet;
    • Accessory storage or parking of storage container;
    • Drug stores, with health supplies, periodicals;
    • Fast Food Establishments;
    • Self services gasoline station;
    • Commercial radio or television transmission tower;

Post offices and banks with drive through service permitted with no more than two vehicle access lanes;

Movie Theater or Cinema (over 15,000 square feet);

    • Full service Hotel;
    • Hospital (including General Hospital, Special Hospital, and Extended Care Facility);
    • Helicopter landing area;
    • Veterinarian Offices and specialized services;
    • Accessory diagnostic imaging trailer;
    • Massage therapy;
    • Community Center;
    • Shopping Center;
    • Research and Testing Laboratory
    • Wireless communication link – Building mounted or Indoor
  1. Accessory Uses

 

The following accessory uses shall be allowed by right in the CWCOD, but should be included in the Comprehensive Plan application when submitted to the City Council:

 

    • Cafeterias, delicatessens, lunch counters, coffee shops, dairy or ice cream establishments not to exceed 5,000 square feet of gross floor area per use (permitted only as an accessory use located within a commercial or residential facility);
    • Personal services business such as barbers and hairdressers, not to exceed 1,000 square feet of net floor area (permitted only as an accessory use located within a commercial or residential facility);
    • Accessory convenience store with a maximum of 2,000 square feet of net floor area (permitted only as an accessory use located within a commercial or residential facility);
    • Digital/photo imaging, copy center limited to a maximum of 2,000 square feet of net floor area (permitted only as an accessory use located within a commercial or residential facility);
    • Accessory health club located entirely within a commercial or residential facility;
    • Dry cleaning (drop off and pick up only);
    • Indoor unmanned automatic teller machine;
    • Residential sales/leasing office, office of real estate agent;
    • Places in buildings for public assembly such as facilities and conference centers for business, recreation, educational gatherings, seminars and presentations not to exceed 10,000 square feet of gross floor area.
    • Mail room (permitted only as an accessory use for residents and guests);

Attached or detached parking garage (above and below grade);

 

Maintenance shops/garages, power plants, machine shops and other structures to support permitted uses;

    • The use of the roads within any development for any purposes that roads and ways in the City of Woburn are used;
    • Antennas, other than satellite dish antennas, for the purpose of private reception, telecommunications signals, which antennas do not exceed 12 feet in height above the ground or 12 feet above the roof of the building on which they are mounted;
    • Satellites, dish antennas that are 8 feet or less across at the greatest width which do not exceed 12 feet in height above the ground or above the roof of the building on which they are mounted;
  1. Density and Dimensional Requirements:

 

In the CWCOD, subject to applicable laws and regulations governing fire and safety, there shall be no required side and rear yard lot lines for parking, driveways or travel aisles.  There shall be no rear yard setback for buildings located within fifty (50) feet of the Interstate I-93 right of way.  All land used principally for a coordinated, integrated retail and commercial use(s) shall be deemed to be one parcel or lot for density and dimensional regulations and parking purposes notwithstanding that legal ownership of the land is divided by lease, and fee or otherwise among two or more owners or is located on a separate lot.  In the CWCOD, the provisions of Section 5.2.6 of this Ordinance shall not apply.  The following dimensional requirements shall be applicable to the CWCOD:

 

    1. Minimum Lot Size:  none;
    2. Density for Multifamily Housing:  the maximum allowed density under this Section for any multifamily housing shall be one (1) dwelling unit per 1,000 square feet of total land area, inclusive of wetlands or other land areas regulated by the Wetlands Protection Act. c,   Maximum height:  the maximum height shall be ten (10) stories, unless abutting a residential where it shall be (7) stories, which currently is allowed in BI and IP zoning (exclusive of structured parking).  Section 6.1.8 of this Ordinance shall not apply to the

CWCOD.

    1. Open Space:  Fifteen (15%) percent of the site shall be designated as open space and shall be landscaped or left in its natural condition.  For the purposes hereof, pedestrian areas treated with brick pavers and similar type of pervious hardscape shall be included in the calculation of “Open Space.”
    2. Setbacks:  front yard setback shall be a minimum of ten (10) feet, side and rear yard setbacks shall be a minimum of fifteen (15) feet, unless otherwise stated herein.  Setback requirements shall not apply to any underground structure.
    3. Frontage:  the minimum street frontage shall be fifty (50) feet.
    4. Building Ground Coverage:  none
    5. Minimum Lot Width: none
    6. Floor Area Ratio: none
  1. Parking and Loading Requirements:

 

Parking spaces required for a use or lot may be located on a separate lot, which may be in separate ownership so long as suitable arrangements such as ownership, long term lease or easement have been made in a form satisfactory to the City Council to ensure the permanent provision of the parking facilities.

 

The minimum parking space requirements and design criteria of Section 8 Off Street Parking and Loading Facilities Regulations shall apply to developments within the CWCOD, except as set forth below:

 

    1. 1.5 spaces per residential dwelling unit;
    2. One space per each keyed hotel room;
    3. .8 spaces per dwelling unit in an assisted living, congregate living or continuing care retirement community, plus one space for every employee on the largest shift;
    4. 4.0 spaces per 1,000 square feet of net floor area of retail use;
    5. 1 space per 350 square feet of net floor area for office;
    6. 10 parking spaces per 1,000 square feet of net floor area for a full service or fast food service restaurant;
    7. One parking space for each three patron seats for a theater or cinema;
    8. One space per three seats of general assembly/conference space

 

The dimensions for a parking space shall be as follows:

 

    1. Typical parking space:  9 feet by 18 feet;
    2. Compact parking space:  8 feet by 16 feet (up to 30% of parking spaces dedicated to any use contained herein may be compact spaces);

 

The parking requirements will be as set forth above except that on street parking may be provided adjacent to internal roadways within the CWCOD which spaces shall be included in the required parking calculations.  Further, the City Council shall have the authority to grant a Special Permit in accordance with this Section to reduce the parking ratios, where the applicant can demonstrate that due to the proximity of public transportation, the provision of complementary uses which require parking at non-competing hours, or otherwise, strict compliance with the aforementioned parking ratios is not required.  Shared joint off-street parking spaces, which include parking garages, may be located on contiguous lots or on lots that are within walking distance of the building entrance to be served.

 

In approving a CWCOD Comprehensive Plan, the City Council may waive certain requirements of Sections 8.4, 8.6 and 8.7 of the Ordinance regarding the design, layout, screening and landscaping of parking facilities and the number and design of off street loading spaces, where the City Council determines that what is proposed is appropriate in light of the type of parking facility and the parking or loading area location and relationship to nearby buildings.

  1. Utilities and easements

 

    1. Utility and drainage easements. Easements for public utilities and enclosed or open drainage ways shall be retained in all CWCOD developments in the widths and locations deemed necessary by city engineer. To the extent practicable, easements for waterlines, wastewater lines, and storm sewers shall be located in the street rights-of-way, and the easements for all other utilities should be located in the rear lane rights-of-way or at the rear lot line. All easements shall be dedicated to public use for the named purpose and shall be aligned to minimize construction cost.

 

    1. Underground utilities. Utilities shall be located underground, unless proven to be unfeasible.

 

    1. Easements in areas adjoining proposed CWCOD developments. When City incur costs obtaining easements from areas adjoining a proposed CWCOD development that are necessary to provide adequate drainage or to serve the CWCOD Development with utilities, the costs shall be billable to the developer.

 

    1. Storm water retention and infiltration. Storm water shall be managed in accordance with recommendations of the city engineer.

 

  1. Signage.

 

The CWCOD shall be subject to the signage provisions as set forth in Section 13.9 of the Ordinance, subject to the following provision permitting Interstate-93 Signage.

Interstate-93 Signage shall be any signage located on the face of any structure situated within two hundred (200) feet of the Interstate -93 right of way.  The specific face of said structure designated for sign installation shall be fifty percent (50.0%) or more visible from Interstate I-93 at a point perpendicular to the center of the building.

 

The height of Interstate-93 signage shall be:  (i) at the first floor, limited to a maximum of six (6) feet or less in height and the length shall not exceed 1/4th of the face of the building upon which the sign is attached; and (ii) if located above the first floor be limited to eight (8) feet or less in height and the length shall not exceed 1/3rd of the face of the building upon which the sign is attached.  Qualification for Interstate I-93 Signage shall be determined by the Building Inspector.

 

Any permitted signage, Interstate-93 signage or otherwise, exceeding the aforementioned dimensional limitations shall be permitted by a Special Sign Permit issued by the City Council (as set forth below).

 

The City Council may vary the provisions of these sign provisions in specific cases which appear to them not to have been contemplated by the CWCOD and in cases where enforcement of these provisions of the CWCOD would involve practical difficulties or unnecessary hardship, if in each instance desirable relief may be granted without substantially derogating from the intent and purpose of this section of the CWCOD but not otherwise.  Any decision to vary the provisions of this section of the CWCOD shall be pursuant to a Special Sign Permit decision issued by the City Council after a properly noticed public hearing and shall specify any sign alteration allowed and the reasons therefore.  Each decision of the City Council shall be filed with the Office of the City Clerk within fourteen (14) days after the hearing and a copy of the decision shall be sent by mail or delivered to the applicant and any other persons appearing at the hearing or so requested in writing.

  1. Alternate Transportation.

 

Reduce the number of automobile trips and encourage alternative modes of transportation.  Accommodate public transportation, alternative fuel vehicles, biking, and walking as convenient substitutes for automobile use. Installation of on-site sheltered bus-stop with planned service, Installation of bike lockers, carpooling initiative for development. Transportation choices progressing towards a functional, well integrated, multi-modal transportation system, which provides convenient public transportation choices within underserved areas to enhance bicycle and pedestrian mobility; by incorporating these facilities in new developments; and by encouraging compact mixed use and other “walk able” development types.

  1. Special Permit Conditions.

 

In any Special Permit granted by the City Council, the City Council may, pursuant to Massachusetts General Laws, Chapter 40A, Section 9 and Section 11 of this Ordinance, as amended from time to time, impose additional reasonable conditions, safeguards and limitations on time and use which conditions may include but are not limited to the following:

 

  1. A demolition and construction schedule, including a construction traffic management plan;
  2. Hours of operation, delivery times and lighting hours;
  3. A requirement that Special Permits be recorded in the Middlesex

County South District Registry of Deeds and if Registered Land in the

Land Court prior to the issuance of any Building Permits;

  1. Compliance with plans approved as part of the Special Permit and with all applicable federal, state, local laws, rules and regulations and ordinances; and,
  2. Ten (10%) percent of all residential units developed within the CWCOD shall be Affordable Units. All residential development within the CWCOD shall meet the requirements of Section 11.11 of the Woburn Zoning Code.

14.   CWCOD Comprehensive Plan Requirements

 

Application for a CWCOD Comprehensive Plan shall be accompanied by the materials set forth below (unless waived by the City Council).  The positive majority vote of the City Council shall constitute approval of a CWCOD Comprehensive Plan.  In making its determination, the City Council shall be guided by the purposes set forth in Paragraph 1 above, and the submission requirements set forth below:

 

  1. Name and address of the applicant.
  2. Statement certifying ownership or prospective ownership of the premises involved, or evidence that the applicant has permission of the owner to make such application.
  3. Legal description of, and street address if there is one, of the location of the premises.
  4. Narrative summarizing the purposes and intent of the project, the planned uses, and the development phasing strategy. Should include the following:

 

Site Design

Open Space

Building Use, Location and Orientation Street Corners

Vehicular Access and Parking

Street Pattern and Layout

Street Design

On-Site Vehicular Access and Connections

Parking Lot Location and Design

Parking Garages

The proposed hours of operation, frequency of truck deliveries and construction schedule.

Pedestrian Environment

Sidewalk and Pathway Standards

Pedestrian and Bicycle Circulation

Pedestrian Amenities Building Design Building Entries

Architectural Scale

Building Details (including entries and corners)

Building Materials and Color

Landscaping and Screening Landscaping

Screening Elements Signage

Existing Standards

Multi-Family Developments

Subdivision Design and Site Layout

Lot and Building Design

 

  1. Schematic plans showing the following in a general manner:
    1. Existing and proposed buildings and/or building envelopes identifying the proposed building layout in a general manner. ii.   Parking areas. iii.  Driveways and access to site. iv.  Facilities for vehicular and pedestrian movement.
    1. Transit routes and stops within 600 feet of the development site.
    2. Preliminary Water and Sewer Utilities.  vii. Preliminary Drainage and Storm Water Management Plan.

viii.Preliminary Landscaping Plan. ix.  Preliminary Building Elevations and/or other Visual Plans. x.   Proposed Phasing Plan.   xi.  Architectural Standards: materials, configurations and technique.

 

  1. Preliminary Assessment of Community Benefits and Costs describing anticipated tax revenues or payments in lieu of taxes.
  2. Other information, as may be required by the City Council:
    1. Projected traffic volumes and impact, and description of

proposed transportation improvements, such as off-site street and intersection improvements, or other capital improvements proposed to be made at the expense of the applicant and those anticipated at public expense, and if public, the anticipated source.

  1. Other information as may be necessary to determine compliance with the provisions of this ordinance as required by the City Council.

The City Council may, as part of any CWCOD Comprehensive Plan

Decision, modify or waive any dimensional requirement of the CWCOD District, upon a finding that due to unique conditions affecting the property, project location, or other beneficial site designs, that the dimensional requirements of this section would unreasonably restrict the use of the property or would be detrimental to the orderly development of the area or would create a better project.  In granting such modifications or waivers, the City Council may impose conditions it deems necessary to protect the public interest and to insure that the development will be consistent with the purposes of this section.

 

After CWCOD Comprehensive Plan Approval, an applicant may apply to make minor changes to the Comprehensive Plan involving minor building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall build out or building envelope of the site, or provision of open space, number of housing units, or affordability features.   Such minor changes must be submitted to the City Council on redlined prints of the approved plan, reflecting the proposed change.  The City Council may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing.  The City Council shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the City Clerk.

 

Those changes deemed by the City Council to constitute a major change to the approved Comprehensive Plan because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the City Council as a new application for CWCOD Comprehensive Plan Approval.

  1. Development Impact Mitigation

 

All uses developed in the CWCOD under this Section shall meet the requirements of Section 18 of the Woburn Zoning Code, except conditions of Section 18.7 regarding mitigation. In regards to CWCOD the contribution to the Traffic Safety and Infrastructure Fund shall be increased to 4%. Any mitigation or funding required pursuant to Section 18 shall be related to the impacts of the project (such as the upgrade of Commerce Way, including but not limited to roadway widening, traffic and public safety improvements and drainage improvements).  Moreover, if the applicant is successful in securing any state and/or federal grant /financial assistance to be applied to any such mitigation, then the value of same shall be credited to the applicant when determining its requirements under Section 18.

  1. Intent of CWCOD

 

In recognition of the intent and purpose of this section which is to permit considerable flexibility in the development of individual tracts of lands in the event of: (i) any conflict between the provisions of the CWCOD and the Zoning Ordinance or any other ordinance or regulation of the City or (ii) any ambiguity under this Section, such conflict and ambiguity shall be resolved or construed by the City Council in a manner consistent with and to permit satisfaction of the development intent described in the plan submitted with the CWCOD Comprehensive Plan Decision issued under this Section.

 

s/President Doherty, Alderman Mercer-Bruen,

Alderman Raymond

Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 8-0-1 (Gonsalves absent).

_________________________

 

ORDERED     That a committee be formed to be known as the Walnut Street Parking Lot Ad Hoc Committee for the purposes of examining the public parking lot on Walnut Street in Woburn center to determine the most efficient manner of managing the parking area for the benefit of merchants, patrons and residents of the downtown area and that the membership consist of two Aldermen appointed by the President of the City Council, one representative of the Woburn Redevelopment Authority to be designated by the Woburn Redevelopment Authority, one representative of the Woburn Business Association to be designated by the Board of Directors of the Woburn Business Association, two merchants with businesses located in the B-D zoning district in Woburn to be designated by the President of the City Council, and one owner of real property in the B-D zoning district in Woburn to be designated by the President of the City Council.

                                                                        s/President Doherty

 

Motion made and 2nd that the ORDER be ADOPTED, all in favor, 8-0-1 (Gonsalves absent).

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 8-0-1 (Gonsalves absent). Meeting adjourned at 9:52 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

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