City Council – 04/01/2008

DATE 04/01/2008
TIME 7:30 pm
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

 

CITY OF WOBURN

APRIL 1, 2008 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

 

Denaro                       Gately

Drapeau                      Gonsalves

Dwyer                         Mercer-Bruen

Galvin                         Raymond – Absent

Doherty

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

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MAYOR’S COMMUNICATIONS: 

 

ORDERED       That the sum of $8,400.00 be and is hereby transferred as so stated from

Custodian Acct #0162051-512025 $4,000.00, Bus Rentals Acct

#0162052-527301 $1,900.00, Schelzi Pool Acct #0162058-585000

$2,500.00, Total $8,400.00 to Fence Account #0162052-524115 $8,400.00

 

I hereby approve the above: s/Thomas L. McLaughlin, Mayor                        I have reviewed the above: s/Gerald W. Surette, City Auditor

I recommend that above: s/Rory Lindstrom, Recreation Director

 

s/President Doherty

 

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

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PUBLIC HEARINGS:  

 

On the petition by American Venture Corporation, 88 Broad Street, Boston,

Massachusetts 02110 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to extend and alter a pre-existing non-conforming use, by developing an additional 11,200 square feet (approx.) of retail space on the currently

vacant portion of the site, and combining the property at 159 Main Street into the overall site development at 159-175 Main Street. PUBLIC HEARING OPENED. A communication dated April 1, 2008 was received from Attorney John D. McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 as follows:

 

Re: Public Hearing – American Venture Corporation, 159-175 Main Street, Woburn, MA

 

Dear Members of the Council:

 

The Planning Board reviewed the above matter on March 25, 2008, but did not finish its review, and has continued its deliberations until April 8, 2008. Accordingly, it does not seem to make sense to move forward with the Public Hearing on April 1, 2008. Request is hereby made to continue the Hearing to April 15, 2008, by which time we should have a final recommendation from the Planning Board.

 

Thank you for your courtesy and cooperation.

 

Sincerely, s/John D. McElhiney

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON APRIL 15, 2008 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 8-0-1 (Raymond absent).

 

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On the petition by City of Woburn, 50 North Warren Avenue. Woburn, Massachusetts 01801 for a special permit pursuant Section 5.1.79 of the 1985 Woburn Zoning

Ordinances, as amended, to erect a steel frame, fabric sheathed storage facility at 50 North Warren Avenue. PUBLIC HEARING OPENED. A communication dated April 1, 2008 was received from John E. Corey, PE, City Engineer, as follows:

 

Re: Special Permit Petition – City of Woburn, 50 North Warren Avenue

 

Please accept this as a request that the petition by the City of Woburn for a special permit to erect a steel frame, fabric sheathed storage facility at 50 North Warren Avenue be given leave to withdraw without prejudice. Pursuant to a conversation with the Superintendent of Public Works, it is my understanding that the City Council may consider the adoption of an overlay zoning district for the Department of Public Works site. This request for withdrawal is based on that understanding.

 

s/John E. Corey, PE, City Engineer

 

Motion made and 2nd that the communication from the City Engineer dated April 1, 2008 be received, all in favor, 9-0. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MAY 6, 2008 AND THAT THE PETITION BE AMENDED TO REFLECT THE SPECIAL PERMITS REQUIRED, all in favor 8-0-1 (Raymond absent).

 

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On the petition by William Highgas, III, Arpie E. Highgas, individually and as trustees of B.A.R. Realty Trust, landowners, to amend the 1985 Woburn Zoning Ordinances by adding the following: 1. Section 5.1 Table of Use Regulations line 42a self-storage warehouse facility – no storage of high hazard materials, trailers, motor vehicles or any outside storage shall be amended by deleting the “-“ under the B-I column and replacing with “P”; 2. Section 6.1 Table of Dimensional Regulations shall be amended by adding to the Floor Area Ratio column for the B-I Zoning District of the following: “(Note 5)”; 3. Section 6.1, Table of Dimension Regulations shall be amended by adding “Note 5” which shall state as follows: “The Floor Area Ratio for a self-storage warehouse facility as defined in this Ordinance shall be 2.0.” PUBLIC HEARING OPENED. A report was received from the Committee on Ordinances as follows: “ought not to pass, for the following reasons: 1. Not conducive use for the neighborhood, 2. Not conducive to a Master Plan of the area, and 3. Not a revenue generating business.” Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that at the committee meeting there was a desire that a master plan be created for the property along with an exit strategy for the residents, that the petitioner looks to the city to put together the meeting with the other property owners, that the petitioner will increase the proposals for the residents’ properties, and that he requests that the matter be sent back to committee and that the public hearing be continued to allow time to meet and discuss a master plan. IN FAVOR: None. OPPOSED: Barbara Pinkham, 9 Garden Terrace stated that she is opposed to the master plan and the rezoning of the property, that she is concerned about the impact of blasting on the foundations and water pipes, and that she is willing to listen to proposals. Ralph Callahan, 12 Garden Terrace stated that he is in opposition to the actual plan, that the city is not taking into account revenue that could be derived from the property, that to rezone to allow for storage does not benefit the city, generate revenue or create jobs, and that the petitioner already had the opportunity to buy out the neighbors and is making offers at the last minute. John Casey, 11 Garden Terrace stated that he is concerned with the blasting, that he has been told that the cost of damages would be covered but he has not been provided with monetary information, that it can be long-term before the damaging effects of blasting can be determined at a property, that the petitioner offered a $500,000.00 retainer to expedite blasting damage claim payment, and that he asks for a ten year covenant to cover damage that may be caused by blasting. Alderman Gately stated that he was not impressed with the blasting company that testified in committee concerning issues. Jason Pasquale, 2 Garden Terrace stated that he is opposed to the way the petition was presented, that he is willing to listen, and that he is concerned with blasting. Bob Pasquale, 2 Garden Terrace stated that he is opposed to the project and opposed to the extension requested, and that he has no faith in the developer. Robert Lewko, 1 Garden Terrace stated that he has seen this with developers in the past with no follow through, that the neighborhood is near destroyed, and that he is willing to listen.

Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MAY 6, 2008 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor 8-

0-1 (Raymond absent).

 

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On the petition by to further amend the 1985 Woburn Zoning Ordinances as follows: Be it ordained by the City Council of the City of Woburn that the 1985 Woburn Zoning Ordinances, as amended, be further amended by striking from Section 5.1.53 the words “High hazard use listed in the Building Officials Conference of America (BOCA) Code” and inserting in its place the words “High hazard use listed in the International Building Code as published by the International Code Council (ICC)”, meaning and intending to reflect the change in the accepted building code regulation. PUBLIC HEARING OPENED. No one appeared on behalf of this petition. IN FAVOR: None. OPPOSED:

None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MAY 20, 2008 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor 8-0-1 (Raymond absent).

 

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On the petition by American Equipment Rentals/FST Equipment, LLC, One Fields Point Drive, Providence, Rhode Island 02905 for a special permit pursuant to Sections 5.1.43 and 57b of the 1985 Woburn Zoning Ordinances, as amended, for the rental, sale, and service of equipment, including cranes, and outside storage of same at 62 Holton Street. PUBLIC HEARING OPENED. A communication dated March 13, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re:   American Equipment Rentals/FST Equipment, LLC – 62 Holton St. – To allow outside storage of equipment and cranes under Sections 5.1.43 & 5.1.57b

 

Dear Mr. Campbell and members of the City Council:

 

At the meeting held on March 11, 2008, the Planning Board voted to forward a favorable recommendation to the City Council on the Special Permit application of American Equipment Rentals/FST Equipment, LLC, regarding the property at 62 Holton Street, subject to the following conditions:

 

  1. That no expansion of the existing outside storage of equipment and cranes shall be allowed;
  2. That all vehicles stored at this location shall be registered in Woburn;
  3. That the hours of operation shall be limited to Monday thru Friday 7 A.M. to 5 P.M.; and
  4. That the traffic movements to and from the site shall be limited to protect the neighbors on Holton Street.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

A copy of a communication dated March 10, 2008 to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Subject; 62 Holton Street, Outside Storage, Sales, Rental, Service Special Permit – Special Permit Application Dated February 4, 2008

 

This office has reviewed the special permit application for the above referenced location and offers the following comments.

 

The petitioner is seeking permission to allow for rental, sale and service of equipment and outside storage. According to the application, the business office and business service and sales would be allowed by right but the outside storage would require a special permit.

 

The site plan shows existing conditions of the site with the areas of outdoor storage as well as the amount of existing parking spaces.

 

It would appear that there are no proposed site changes or utility work. Upon reviewing the submitted application, this office takes no exception to the special permit application as submitted.

 

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

 

A report was received from the Committee on Special Permits as follows: “ought to pass, as amended, with the amendments as follows: 1. That the recommendations of the Planning Board be adopted as conditions, and 2. That an additional condition be added stating ‘5. That the special permit is not transferable and only for American Equipment Rentals/FST Equipment, LLC and it entities,’.” Appearing for the petitioner was Attorney John D. McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 and he stated that the petitioner has been located at this address, that most of the equipment is off site at job sites, that there is some traffic to and from the site, that smaller trucks can travel to Winchester when leaving the site, that the larger aerial lifts travel on Holton Street to Green Street, that the lot has long been zoned industrial with a variety of users that have been more detrimental to the area, that the recommended hours of operation are acceptable, that truck traffic is banned on Holton Street from 10:00 p.m. to 6:00 a.m., that there is no reason for trucks to be leaving the site before 7:00 a.m., that the petitioner is concerned with the transferability restriction clause, that the company has been in business for ten years, that there could be a situation where the company is purchased by a larger company, that in that case the new owner for competitive reasons may not want the transfer to be public, that the petitioner wants a clause where the permit will expire within eighteen months of a transfer of ownership, that this will allow a new owner to get a special permit approved by the City Council or to move from the site within the eighteen month period, that this also allows the new owner to establish a track record for the City Council, that the eighteen months allows the petitioner time to find another site or obtain approval of a transfer of the special permit, that less time may chill the sale of this type of business, that trucks may arrive at the site before 7:00 a.m., that the aerial lifts are stored on site, that some of the flatbed trucks arrive empty and the aerial lift is then loaded on the truck, that this is a Monday through Friday operation, that there are a lot of benefits to this use, that the earliest that trucks arrive is after 6:00 a.m., that the trucks are subject to the ordinance restricting truck traffic, that there may be 70 to 75 vehicles on the site but two to three vehicles go in and out of the lot in the winter months and six to ten vehicles go in and out of the lot in the summer months, that the equipment is brought to the site and remains there, that they have three flat beds and contract two additional flatbed trucks which arrive in the morning, that it is important to get to the job site at a reasonable time in the construction business, that this requires the equipment to be packed up early but there is no reason for the vehicles to leave the site before 6:00 a.m., that restrictions on the use would be a better alternative to the neighborhood than other potential uses of the property, that this is an 11,000 square foot building on a 150,000 square foot lot, that there has been a heavy industrial use over the years at the site, that forty, fifty or seventy pieces on the site has been the track record, that the limit of pavement on the site plan is the area of storage, that the condition assumes that as long as this business is located at the site that there will be no expansion of business on the site, that the equipment are not considered motor vehicles and cannot traverse the streets, that this is why the vehicles are transported on flatbeds, and that the smaller vehicles can be brought out in multiples on one flatbed. Chris Trivilli, a principal of the petitioner stated that Tower Hill Towing is the contractor used for additional flatbeds when needed. Alderman Mercer-Bruen stated that eighteen months seems like a long period of time, that a year to obtain a transfer of the special permit is more appropriate, that the biggest complaint is the hours that the trucks come by the homes, that she is interested in a restriction as to the hours when the trucks can enter the property as well, that the truck restriction ordinance is enforceable, that he would like to suggest that the City Council send a communication to the police department  to patrol from 4:00 a.m. to 6:00 a.m. to determine who is driving on the street in violation of the truck restriction ordinance, that requiring a review of special permits is a good method for the city to keep track of the special permits and to determine compliance, and that there should be a restriction that no vehicle can arrive on site prior to 6:00 a.m. Alderman Gately stated that the vehicles cannot be on the street before 6:00 a.m., that there is also a 25 m.p.h. speed limit on the street, that the eighteen month period to allow transfer of the special permit is reasonable, that he wants a condition that the special permit will be reviewed within one year, and that if the petitioner violates the conditions of the special permit it can be brought in for review in and in any event will be brought in within one year of issuance of the special permit. Alderman Gonsalves stated that the City Council is aware of the traffic conditions on Holton Street, and that she supports having the police department enforce the trucking ordinance on Holton Street and then reporting who the violators are to the City Council. Alderman Dwyer stated that if the petitioner is in violation of the conditions then it can be brought in for review at any time and therefore the review period condition is not necessary, and that if there have been no problems then there is not need to review the special permit in one year just for the sake of reviewing. Alderman Drapeau stated that it is redundant to have a condition stating no vehicles can arrive before 6:00 a.m. when there is already an ordinance in place restricting traffic. IN FAVOR: Anthony Pandolph, 37 Elijah Street stated that the petitioner supports community activities and that he is in favor of the petition. David Galante, 47 Highland Street stated that he has seen the petitioner’s operation in Providence, Rhode Island, that the lot is kept in impeccable condition, and that the petitioner donated equipment to the city during the renovation of city hall. Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he visited the locus, that the petitioner will be extremely sensitive to Holton Street, that this is a very clean operation, and that if managed well the business can be a plus to the city. OPPOSED: Anthony Anello, Sr., 30 Holton Street stated that there are warning signs on the street, that from 6:30 a.m. to 8:30 a.m. there is traffic from Winchester Hospital along with these trucks, that the trucks operate all night on the street, that the flatbeds cannot get out on Cross Street and will have to go out on Holton Street, that the petitioner should have been fined for every day that they operated without the special permit, that there is a lot of damage by trucks driving onto his property, that the petitioner’s community activity has nothing to do with this special permit, that this is not a good use for that area, that there needs to be a police patrol to control the speeding of vehicles in the morning, and that this business should be located in a bigger industrial area. Richard Griffith, 78 Nashua Street stated that there are no signs on Holton Street advising of the traffic restriction at night, that the signs should be erected, that he cannot enter the petitioner’s property to count the vehicles but could see fifty to sixty vehicles on the property, that the police should be sent down to make a true count, that there are many trucks in and out of the site, that he wants to know the penalty for constant violations of the trucking restriction ordinance, and that there has to be police enforcement of the ordinance to be effective. Al Kozachuk, 14 Green Street stated that there has been a lot of damage caused at the intersection of the of Holton Street and Green Street, that he does not support the special permit, that the roads are not wide enough, that there are no sidewalks, that his property has been damaged by trucks, that there is an ordinance against trucking on the street but trucks travel on the street at 3:00 a.m. and 4:00 a.m. Mr. Al Kozachuk offered a copy of the no trucking ordinance 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 (Raymond absent). Kevin Kozachuk, 77 Nashua Street stated that by 4:45 a.m. the lift trucks leave the locus, that the traffic from the locus decreased about three weeks ago when the matter appeared in the local media, that the truck traffic during very early hours is an issue, and that if no trucks leave or arrive at the site before 6:00 a.m. this may be a reasonable compromise. Motion made and 2nd to close the public hearing, all in favor, 8-0-1

(Raymond absent). Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS

AMENDED, with the conditions as follows: 1. That the Planning Board recommendations be adopted as conditions of the special permit, 2. That the special permit is transferable but shall expire eighteen (18) months after the transfer of the business unless the transfer is approved by the City Council prior to that time, 3. That the plan of record is the plan entitled “Existing Conditions Plan of Land Located in Woburn,

Massachusetts” dated February 1, 2008 and prepared by Sullivan Engineering Group, LLC, and 4. That the special permit shall be reviewed one (1) year from the date of issuance, all in favor, 8-0-1 (Raymond absent). Motion made and 2nd that correspondence be forwarded to the Chief of Police for increased enforcement of the 10:00 p.m. to 6:00

a.m. trucking ban on Holton Street and that the Chief of Police for to the City Council for a minimum of six months a monthly report of all citations issued listing the violators and speed of vehicles cited, all in favor, 8-0-1 (Raymond absent).

 

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On the petition by concerning the building or buildings located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 55 Montvale Avenue, Woburn, Massachusetts for the purposes of determining whether said building or buildings 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. A report was received from the Committee on Liaison as follows: “Back for action and that the office of the mayor engage the assistance of the City Solicitor on behalf of the Building Department in regards to this matter.” Appearing was the landowner John Russo, 353 Washington Street, Winchester, Massachusetts and he stated that he is in the process of evicting a tenant who is three months behind on his rent, that the tenant will not allow access to the unit, that the police will not allow access until a court order issues allowing access, and that since this is a zoning issue he is not aware as to why all of the inspectors are required to have access to the property such as plumbing and electrical inspectors. Alderman Gately stated that the Building Department has been trying to contact the landowner of the property to gain access to the property as he agreed to allow, and that the landowner has not responded to registered letters from the Building Department. Mr. Russo stated that this is a zoning issue, that there is no interest of the plumbing inspector, electrical inspector and board of health agent in the building, and that he received one registered letter from the Building Department but he cannot gain access to one of the units. Alderman Gately stated that the property will be declared a nuisance and fines will be imposed beginning in two days. Mr. Russo stated that he has cleaned up the property, that all trash has been placed in one spot under the porch, that he went to the committee meeting last night at 8:00 p.m. but was not aware that the matter was in the Committee Room and not in the Council Chamber, that he has cleaned all the property outside as best as can be cleared, that he placed some trash under the deck for disposal, and that he has no unregistered vehicles on the site. Alderman Denaro stated that the landowner is wasting the time of the City Council by not allowing access to the building for the inspectors as he agreed to do, and that the petitioner may not be able to get into one unit but he can get into the other units. Alderman Dwyer stated that this is a serious matter, and that the landowner has given the city no opportunity to inspect the property. Mr. Russo stated that the inspectors can go through any house in Woburn and find electrical and plumbing issues. Alderman Dwyer stated that the landowner needs to seek advice whether legal counsel or otherwise, and that the landowner has the opportunity to rectify the situation but did not. Alderman Drapeau stated that it is interesting that the property was cleaned by placing trash under the porch, that the landowner could have taken other efforts to dispose of the trash, that there seems to be a systemic problem in the city whereby landlords do not want to put property in proper condition, that the properties become nuisances to the neighborhoods, that there is no semblance of order at this property, that the place resembles a boarding house, that it is a safety issue for people who live there, and that if there are electrical or plumbing issues then the owner should fix it. Alderman Gonsalves stated that she has reviewed a half dozen cases of this type during her tenure, that this is standard practice in these cases, and that nothing is being done differently here than other properties. President Doherty stated that the main issue is whether the property is a three family when it is supposed to be a two family structure, and that the number of units in the building must be determined before the other issues are pursued. Alderman Gonsalves stated that Building Inspector Thomas Quinn said that the evidence shows that this is a three family house and that he wants to impose fines beginning on April 3, 2008. Alderman Gately stated that Building Inspector Thomas Quinn wants to impose fines beginning on April 3, 2008. Mr. Russo stated that he has not spoken to Building Inspector Quinn since the last meeting as of this time. President Doherty stated that the landowner should begin a dialogue with Building Inspector Quinn to schedule the inspections. Alderman Gately stated that he wants to move forward with declaring the property a nuisance. Alderman Galvin stated that he supports the finding of a nuisance with regards to the property.

President Doherty stated that the zoning issue is separate from the nuisance issue. Alderman Gately stated that the matter should be given to Building Inspector Quinn to determine whether the nuisance conditions have been remedied. IN FAVOR: None. OPPOSED: None. Motion made and 2nd to close the public hearing, all in favor, 8-0-1 (Raymond absent). Motion made and 2nd that the property be declared a nuisance by adopting the Order marked “draft” dated March 4, 2008, that the landowner clean up the property, that the Order can be removed by the City Council once the nuisance conditions have been remedied, and that the Building Department take action on the Order with a report to the City Council within thirty (30) days on the status, all in favor, 8-0-1

(Raymond absent)

Presented to the Mayor: April 3, 2008         s/Thomas L. McLaughlin April 3, 2008

 

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On the petition by Anthony Flowers and Doreen Flowers, 29 James Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended to allow the extension of a non-conforming use to allow a personal service establishment at 224 Main Street. PUBLIC HEARING OPENED. A communication dated March 28, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Anthony & Doreen Flowers – 224 Main St. – To convert use of property from electrolysis to hairdresser under Section 7.3

 

Dear Mr. Campbell and members of the City Council:

 

At the meeting held on March 25, 2008, the Planning Board voted to forward a favorable recommendation to the City Council on the Special Permit application of Anthony & Doreen Flowers, regarding the property at 224 Main Street to convert the use of property from electrolysis to hairdresser under Section 7.3, because the proposal does not change the sue of the property under the Woburn Zoning Ordinance.

 

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

 

Sincerely, s/Edmund P. Tarallo

 

Appearing was the petitioner Anthony Flowers and he stated that he is an owner of the property, that the use will be a personal service establishment, that there was an electrolysis business at the location for over ten years, that this special permit will allow flexibility in renting the property, and that it is difficult to find tenants for an office use in this market. Alderman Gately stated that this is a good property, that it is kept clean and that he supports the petition. Alderman Dwyer stated that there will be no dramatic increase in traffic to this business. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 8-0-1 (Raymond absent). Motion made and 2nd that the SPECIAL PERMIT be GRANTED, all in favor, 8-0-1 (Raymond absent).

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS: None.

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NEW PETITIONS:

 

Petition by Dave’s Automotive, Inc., 471 Russell Street, Woburn, Massachusetts 01801 for a new Taxi Cab License. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 8-0-1 (Raymond absent).

 

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Petition by Mohamad S. Moharam dba First Cab, 54 Cummings Park, Suite 318,

Woburn, Massachusetts 01801 for a new Taxi Cab License. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 8-0-1 (Raymond absent).

 

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Petition by Atlantic Plywood Corp, 8 Roessler Road, Woburn, Massachusetts 01801 to amend an Inflammable License to allow the storage of aboveground of up to 5,000 gallons of Class I liquid paint related material and underground 5,000 gallons of Class II Diesel at 8 Roessler Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 8-0-1 (Raymond absent).

 

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Petition by North Suburban YMCA (YMCA of Greater Boston), 137 Lexington Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow the building of an outdoor water playground at 137 Lexington Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 8-0-1 (Raymond absent).

 

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Petition by College Street Partners LLC, 900 Cummings Center, Sutie 301U, Beverly, Massachusetts 01915 for a special permit pursuant to Section 5.1.71, 7.3 and 9 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a 586 vehicle parking garage and for the continuation of the existing warehouse and distribution use within the flood plain district at 23 Mack Road a/k/a 23 Rainin Road, Mack Road and Mack Road Rear. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 8-0-1 (Raymond absent).

 

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Petition by Maggie Ann LLC, 1 Red Leaf Lane, Woburn, Massachusetts 01801 for a special permit pursuant to Sections 5.1.22b, 5.1.46b and 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for an increase in the square footage of the existing convenience mart from 650 square feet to 2,286 square feet at 878 Main Street and 7 Tidd Avenue. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 8-0-1 (Raymond absent).

 

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Petition by 600 Metronorth Corporate Center LLC, c/o National Development of New England, 2310 Washington Street, Newton, Massachusetts 02462 for a special permit pursuant to Section 5.1.41 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a research and testing laboratory at 120 Presidential Way. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 8-0-1 (Raymond absent).

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COMMUNICATIONS AND REPORTS:

 

A communication dated March 19, 2008 with attachments was received from Paul L.

Sweeney, Treasurer, Northeast Metropolitan Regional Vocational School District, 100 Hemlock Road, Wakefield, Massachusetts 01880 advising that the based on the tentative operational and maintenance budget approved the a vote of the Northeast Regional Vocational School Committee the assessment for the City of Woburn for FY2009 will be $1,243,978.00. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 8-0-1 (Raymond absent).

 

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A communication dated March 27, 2008 with attachments was received from Donald J.

Borchelt, Executive Director, Woburn Redevelopment Authority, 371 Main Street, Woburn along with a copy of the Woburn Redevelopment Authority meeting packets for the meetings held on February 25, 2008 and March 25, 2008 and advising that the next meeting is tentatively scheduled for April 29, 2008 at 5:00 p.m. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Raymond absent).

 

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A communication dated March 24, 2008 was received from School Committee Member Christopher Kisiel seeking an exemption as required by M.G.L. Ch. 268A, §20(c) and

§20(d) as a special municipal employee. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, all in favor, 8-0-1 (Raymond absent).

 

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A copy of a communication dated March 27, 2008 with attachment to Mayor Thomas McLaughlin was received from Marylyn Forsyth, 26 Independence Drive, Woburn, Massachusetts 01801 relative to her opposition to the salary paid to the incumbent superintendent of public works. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Raymond absent).

 

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A copy of a communication dated March 19, 2008 to Assistant Attorney General , Environment and Natural Resources Division, U.S. Department of Justice was received from Linda A. Raymond, Aberjona Study Coalition, Inc., 10 North Maple Street, Woburn, Massachusetts 01801 relative to the Aberjona Study Coalition, Inc. Comments concerning the Consent Decree. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Raymond absent).

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

 

RESOLVED Whereas, increasing volumes of heavy truck traffic is creating a nuisance to the residents in the area of Mishawum Road north of Olympia Avenue,

 

Now, Therefore, Be It Resolved that the Traffic Commission study the feasibility of establishing an alternate truck route thereby prohibiting the travel of heavy trucks along Mishawum Road from the intersection with Olympia Avenue to the intersection with School Street and to report its findings to the City Council.

 

s/President Doherty for Alderman Raymond Motion made and 2nd that the RESOLVE be ADOPTED with a copy to the Traffic Commission, all in favor, 8-0-1 (Raymond absent).

Presented to the Mayor: April 3, 2008         s/Thomas L. McLaughlin April 3, 2008

 

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ORDERED     Be it Ordained by the City Council of the City of Woburn that Title 8, Article IV, Section 8-10 of the 1989 Woburn Municipal Code, as amended, be further amended as follows:

 

  1. By deleting from Paragraph B the numbers “72,780” and inserting in its place the numbers “72.78” and deleting the numbers “$100.00” and inserting in its place the numbers “$10.00”.
  2. By deleting from Paragraph C the number “$100.00” and inserting in its place the numbers “$10.00”.

 

s/President Doherty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, all in favor, 8-0-1 (Raymond absent).

 

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RESOLVED Whereas, through their efforts and demonstrated proficiency in their sport, the members of the 2008 Woburn Memorial High School Indoor Track

Team participated in advanced competition; and

 

Whereas, the 2008 Woburn Memorial High School Indoor Track Team was undefeated in Middlesex League competition and named All-State

Champions in their sport; and

 

Whereas, at the National Scholastic Indoor Track and Field

Championships held in New York City the 2008 Woburn Memorial High School Indoor Track Team Relay Team captured the national title by finishing first in the 4 x 400 relay event; and

 

Whereas, the members of the 2008 Woburn Memorial High School Indoor Track Team have exemplified true determination in competitive sport all season;

 

Now, therefore, the City Council of the City of Woburn recognizes the efforts and accomplishments of the members of the 2008 Woburn Memorial High School Indoor Track Team and extends the best wishes of the community on their continued academic and athletic success.

 

s/Alderman Gately and Alderman Dwyer Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 8-0-1 (Raymond absent).

Presented to the Mayor: April 3, 2008         s/Thomas L. McLaughlin April 3, 2008

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Schedule of Committee Reports Filed with the Office of the City Clerk on April 1, 2008 pursuant to Rule 19 of the Rules and Orders of the City Council. Motion made and 2nd to add the following items to the Order of the Day as late filed matters, all in favor, 8-0-1 (Raymond absent).

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COMMITTEE REPORTS: 

 

PERSONNEL:

 

On the appointment of Barbara Ridley as a member of the Council on Aging, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORTS be ADOPTED, all in favor, 8-0-1 (Raymond absent).

Presented to the Mayor: April 3, 2008         s/Thomas L. McLaughlin April 3, 2008

 

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

 

On the Order to transfer the sum of $193,495.00 from BLS Ambulance Receipts Account to Fire Overtime Account, Ambulance Salary Account and Ambulance Maintenance Account, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 8-0-1 (Raymond absent).

Presented to the Mayor: April 3, 2008         s/Thomas L. McLaughlin April 3, 2008

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

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Motion made and 2nd to ADJOURN, all in favor, 8-0-1 (Raymond absent). Meeting adjourned at 9:14 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

 

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