City Council – 08/03/2010

DATE 04/03/2010
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

AUGUST 3, 2010 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro  _________________________

______________

 

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

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MAYOR’S COMMUNICATIONS: 

 

ORDERED     That the sum of $200,000.00 be and is hereby transferred as so stated from BLS Ambulance Receipts Acct #31359-595000 $100,000.00, ALS

Ambulance Receipts Acct #31359-595000 $100,000.00 to Ambulance Salaries Acct #0122051-511500 $200,000.00

 

I hereby recommend the above: s/Paul Tortolano, Chief, Fire Department

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

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

 

s/President Denaro

 

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

 

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ORDERED     That the sum of $25,000.00 be and is hereby transferred as so stated from

Fire-Van Truck Acct #0112158-586643 $25,000.00 to Fire-SCBA Acct #0122058-586068 $25,000.00

 

I hereby recommend the above: s/Paul Tortolano, Chief, Fire Department

I have reviewed the above: s/Gerald W. Surette, City Auditor          I hereby approve the above: s/Scott D. Galvin, Mayor

 

s/President Denaro

 

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

_________________________

 

PUBLIC HEARINGS:  

 

On the petition by NSTAR Electric Company for a Grant of Right in a Way on Main Street southerly from MH7828 at Campbell Street to MH7821 at Walnut Street a distance of approximately 1,284 feet to install conduit and build one (1) manhole (MH29158) and rebuild two (2) manholes (MH7822 and MH7827) and on Walnut Street southeasterly from MH7821 at Main Street to MH29159 a distance of approximately 95 feet to install conduit and build one (1) manhole (MH29159). PUBLIC HEARING OPENED. A communication with attachments was received from Acting Superintendent of Public Works Thomas Quinn as follows: “1. NSTAR must abide by the City of Woburn Title 12 guidelines, 2. Repave by means of grinding and overlay, approximately 2” 550 feet center line to curb. Replace all line paintings and crosswalk to their original condition, 3. Three handicap ramps at the site shall be adjusted to conform with ADA regulations after paving is complete, 4. Repair or replace any stamped asphalt crosswalks that are damaged during work performed at the site, 5. Anticipate cobblestone, railroad bedding, and many other obstructions. Hand work is required in some areas, 6. Allow for cost of City of Woburn to have a Supervisor on site when deemed necessary, 7. All work must be done between the hours of 9 pm and 6 am except saw cutting which may be done between 7 am and 3 pm, 8. Walnut Street must have on eland opened at all times, 9. All work must be completed before October 20, 2010. There can be no exceptions.” A copy of a communication dated July 27, 2010 from John E. Corey, Jr., PE, City Engineer to Thomas Quinn, DPW Superintendent was received as follows:

 

Subject: NStar – Proposed Work on Main Street

 

At your request, the engineering department has reviewed a plan for the installation of electrical manholes and conduits along Main Street. Between Walnut Street and Campbell Street.

 

The proposed improvements in some areas would conflict with the year 5 Cleaning and Lining contract in that some of the proposed conduits areadjacent to the 16” water main along the easterly sideline of Main Street. There is insufficient room to install the new gate valves at Walnut Street. Everett Street, Union Street and Campbell Street. We recommend that all new conduits and manholes be placed in the available space between the existing electric service and the sewer in the center of the street. In no case should the proposed conduits, concrete encasement  and appurtenances be within 3 feet of the existing water main, such that there will be sufficient space for the new 16 inch gate valves, tees and cleaning and lining pits.

 

The proposed work will also disturb the “Impressed Crosswalks” along Main Street. We would recommend that these be replaced in kind in order to provide a uniform surface for the entire crossing.

 

We trust the foregoing information is sufficient for your needs. Should you have any questions or comments, please do not hesitate to contact this office.

 

Appearing for the petitioner was Leo Keefe, NSTAR Electric Company and he stated that this will increase transformer capacity to prevent outages in the summer, and that any cobblestones dug up with become the property of the city. Thomas Quinn, Acting Superintendent, Department of Public Works stated that there have been explosions in this area in the past, that this project began in September 2008, that the city is looking to have the work completed in August and September, that police details at the site will be coordinated by the Police Department, that the city will have an onsite person during the project, and that attention will be paid to the proximity of the water lines. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED, with the conditions as follows: 1. That the recommendations of the Acting Superintendent of the Department of Public Works shall be adopted as conditions of the Grant of Right in a Way, all in favor 9-0.

Presented to the Mayor: August 5, 2010                s/Scott D. Galvin August 5, 2010

 

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On the petition by Alderman DiTucci relative to the structure located at 19 Day Circle, having been declared a public nuisance, for the purposes of adopting an Order prescribing the disposition, alteration or regulation of the property. PUBLIC HEARING OPENED. A communication dated August 2, 2010 with attachments was received from Mark LaLumiere, Building Inspector as follows:

 

Re: 19 Day Circle

 

On 5/19/10 I made a site visit to 19 Day Circle to investigate a complaint regarding an unsecured in-ground swimming pool. The property is vacant and overgrown. The fence which serves as the enclosure for the pool was un-locked and propped open. The pool is covered, however the cover is ripped and an area of the cover has fallen into the pool. The overall condition of the pool and surrounding area is unkempt. The enclosure surrounding the pool needs maintenance and at a minimum must be brought into compliance with the Massachusetts State Building Code 780 CMR 421.10 – private swimming pools. Overall the property appears to be abandoned, with over grown shrubs and landscaping. The swimming pool enclosure needs to be maintained and monitored to be sure that it remains secure.

 

On 7/29/10 another inspection of 19 Day Circle was conducted. I have been visiting the site on weekly basis, prior to this inspection. The following are a list of Building Code violations that must be addressed:

 

The in-ground swimming pool must meet the minimum safety requirements for a pool enclosure as required by 780 CMR 120.M, specifically the enclosure shall have:

 

  • No openings that would allow a 4” diameter sphere to pass through it.
  • Access gates shall open away from the pool area shall be self closing and self latching.
  • The enclosure must be maintained.

 

Per 780 CMR 5311, the front stair is part of the required means of egress from the structure and as such it must be maintained free of obstructions. Currently the path is blocked by the overgrown shrubs.

 

Alderman DiTucci stated that the property continues to deteriorate, that the City Solicitor recommended a conservative approach with a particular set of issues and a time frame being established, that she wants to be certain that all steps taken are legal, that she wants whatever action taken to be legal and defensible, that the city will have to do the work and place a lien on the property for the cost of doing so. Mark LaLumiere, Building Inspector stated that he has passed the locus on a weekly basis, that no work has been conducted on the locus, that the swimming pool is the greatest concern, that access to the house must be improved, that the lock on the gate is not sufficient, that there has been activity of people being at the house, that there are signs of access at the house, that the propane tanks and nitrous oxide tanks in the back yard should be cleaned up, that the landscape should be maintained and the trash cleaned, that the property is not registered as a foreclosed property under the ordinance, that the pool is full with water to the top, that the pool is the biggest safety issue, that the city could give a five day notice to repair with a provision that within 24 hours the pool be drained, that the owner must be given notice, and that the order can say that the pool be empty within 24 hours and the other items completed within five days. Thomas Quinn, Acting Superintendent of Department of Public Works stated that he recommends that if the Department of Public Works or the Fire Department drains the pool that a police detail be on site. Alderman Gately stated that the pool should be drained immediately, that the pool should be drained within the next 48 hours, and that the pool can be drained as a public safety issue. Alderman Raymond stated that public safety issues can be resolved quickly and that the City Solicitor can be consulted. Alderman Drapeau stated that the delay following the prior Order declaring the property a nuisance was because a list of action was not included. Alderman Anderson stated that there have been a few tragedies this summer involving pools and action should be taken to remedy the pool issue as soon as possible. IN FAVOR: Elaine Dougherty, 24 Day Circle stated that there is an attorney who is aware of the condition of the property, that something must be done, and that they are playing games with the city. Patrice Trodella, 21 Day Circle stated that the swimming pool is an accident waiting to happen, that the pool should be drained this week, that this property may affect her ability to insure her home, and that fines should be imposed on the property owner. Ronald Dougherty, 24 Day Circle stated that the house has been vacant for two years, that the pool has been neglected for two years, that the pool is a public nuisance, that something needs to be done, and that the city has been working on this issue since March 2010. Raymond Domenici, 20 Day Circle stated that the frustration level in the neighborhood is high with regards to this issue. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that an Order enter that within five days from receipt of the notice the landowner of 19 Day Circle shall 1. Secure the gate, 2. Repair the fence, 3. Repair the pool cover, 4. Remove all inflammable and combustible materials from the shed and yard, 5. Secure the shed, 6. Secure the crawl space, 7. Clean the trash, 8. Remove the growth and shrubbery from the front, and that within twenty-four hours 1. Drain the pool and remove all water, and 2. That a police presence be on site when the fire department drains the pool, all in favor, 9-0.

Presented to the Mayor: August 5, 2010                s/Scott D. Galvin August 5, 2010

 

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On the petition to determine the need for repairs of that portion of a private way traversing from Russell Street to Lexington Street and shown on Assessors Map 65 as a forty (40) foot right of way. PUBLIC HEARING OPENED. A communication dated July 30, 2010 with attachments was received as follows:

 

Subject: Roadway Improvements; unnamed access road at Four Corners

 

This letter is in regards to the deplorable condition of the access road located between Lexington Street and Russell Street. The City of Woburn holds not title to the property, it is privately owned by 3 separate businesses that over the past few years have not assisted in any payment to the upgrade of this roadway.

 

The roadways infrastructure is terrible, and has become a safety concern to drivers looking to travel down the road. Some potholes measure up to ten feet wide and nearly a foot deep, causing numerous drivers to have their cars damaged and contact the DPW to help assist in payment for the repairs.

 

The DPW and Engineering Department has been dealing with this issue for several years and is requesting that improvements may be done to the roadway in order to allow citizens a safe route to travel down without fear of damage to their vehicle. This roadway is in urgent need of repair and it is in the City’s best interest to proceed with improvements.

 

If you have any questions or comments please feel free to contact me at your convenience.

 

Thank you very much,

s/Thomas C. Quinn, Acting Superintendent

Department of Public Works

 

A copy of a communication dated July 27, 2010 to Thomas Quinn, DPW Superintendent was received from John E. Corey Jr., PE as follows:

 

Subject: NStar – Proposed Work on Main Street

 

At your request, the engineering department has reviewed a plan for the installation of electrical manholes and conduits along Main Street, between Walnut Street and Campbell Street.

 

The proposed improvements in some areas would conflict with the year 5 Cleaning and Lining contract in that some of the proposed conduits are adjacent to the 16” water main along the easterly sideline of Main Street. There is insufficient room to install the new gate valves at Walnut Street, Everett Street, Union Street and Campbell Street. We recommend that all new conduits and manholes be placed in the available space between the existing electric service and the sewer in the center of the street. In no case should the proposed conduits, concrete encasement and appurtenances be within 3 feet of the existing water main, such that there will be sufficient space for the new 16 inch gate valves, tees and cleaning and lining pits.

 

The proposed work will also disturb the “Impressed Crosswalks” along Main Street. We would recommend that these be replaced in kind in order to provide a uniform surface for the entire crossing.

 

We trust the foregoing information is sufficient for your needs. Should you have any questions or comments, please do not hesitate to contact this office.

 

Alderman Drapeau stated that the street is in need of repair, that some legal issues have been raised within the last 24 hours that will have to be addressed before action can be taken, that some surveying must be conducted on the locus, that the ordinance is written that the road be repaired, that where the road is located is up for discussion, that the city cannot force a high level of repair, that the owners have been notified of this matter, and that this matter can be resolved in committee. Thomas Quinn, Acting Superintendent, Department of Public Works stated that the bank property has infringed on the DeMoulas property with their island, that this way was access to the bowling alley when it was there, that people have continued to use that way but the actual way is off from the current layout, that it would cost approximately $83,000.00 to completely repair the roadway, and that the roadway is forty feet off from where it should be. Superintendent Quinn offered a plan entitled “Proposed Pavement Plan” dated July 2010 prepared by the City of Woburn Engineering Department for the City Council to review. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. Alderman Mercer-Bruen stated that she wants all property owners notified of the meeting and to hear why they have not taken care of the roadway, that the property is private property, that the owners should post signs that state “private property pass at your own risk”, that this is a private road, that the work to repair the road should be completed before it is turned over to the city and after which it will become a Chapter 90 road, and that the matter should not be handled in the Committee Room but in the Committee as a Whole in the Council Chamber. Alderman Gately stated that the cost to build out the road would likely be double $83,000.00. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 7, 2010 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON MUNICIPAL LANDS, all in favor 9-0.

 

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On the petition by Sheila Scheick/Zen Muscular Therapy & Wellness Center, LLC, 75

School Street, Andover, Massachusetts 01810 for a special permit pursuant to Section

5.1.33b of the 1985 Woburn Zoning Ordinances, as amended, to allow a wellness center including muscular therapy (massage therapy), yoga and other movement related wellbeing classes at 100 TradeCenter, Suite 725, 100 Sylvan Road. PUBLIC HEARING OPENED. Appearing was the petitioner Sheila Scheick and she stated that she will employee six therapists and four yoga teachers, that there has been no built out yet, that the sections will be petitioned, and that the unit is 2,100 square feet in area. Ms. Scheick offered the Planning Board report to the City Council for review. Motion made and 2nd that the matter be received and made part of the record, all in favor, 9-0. The communication dated August 3, 2010 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Sheila Scheick/Zen Muscular Therapy & Wellness Center, LLC – 100 Sylvan Road (100 Trade Center Suite 725) – To allow a wellness center including muscular therapy (massage therapy), yoga, and other movement related well-being classes pursuant to Sections 5.1.33b

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on August 3, 2010, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request to allow a wellness center including muscular therapy (massage therapy), yoga, and other movement related well-being classes pursuant to Section 5.1(33b) of the Woburn Zoning Ordinance at 100 Sylvan Road (100 Trade Center Suite 725) in accordance with the following condition:

 

1. That all muscular therapy shall be provided by a duly licensed massage therapist.

 

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

 

Alderman Raymond stated that this will be a good fit for the building and will reduce the traffic leaving the building. IN FAVOR: None. OPPOSED: None. Motion made and 2nd to close the public hearing, all in favor, 9-0. 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, all in favor, 9-0.

 

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Motion made and 2nd that the public hearings on the following two matters be held collectively, all in favor, 9-0.

 

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Alderman Haggerty stated that he would not participate in this matter to avoid a potential conflict as his employer owns abutting property and he left the Council Chamber.  *************************

On the petition by Roman Catholic Archbishop, a Corporation Sole, 66 Brooks Drive, Braintree, Massachusetts to further amend the 1985 Woburn Zoning Ordinances, as amended, by revising Section 22 entitled “Senior Housing Overlay District (SHO)” by deleting in its entirety and replacing with a new Section 22 entitled “Residential Overlay District (ROD) District” to allow congregate elderly apartments, assisted living residences, nursing homes, Alzheimer care residences, continuing care facilities, multifamily housing, and accessory offices, clubhouse, personal services and recreation amenities, as set forth in the petition filed with the City Clerk. [Note: A complete

recitation of the petition can be found in the City Council Journal for June 15, 2010.]

PUBLIC HEARING OPENED. A communication dated July 30, 2010 entitled “Proposed amendment to Section 22 entitled Senior Housing Overlay District, 1985 City of Woburn Zoning Ordinance as amended and the City of Woburn Zoning Map” with attachments was received from Attorney Joseph R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn. Motion made and 2nd that the matter be received and made part of the record, all in favor, 9-0. Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn and he stated that the petitioner has an agreement to sell seven acres of unused property on Main Street, that one parcel will be used for an Alzheimer’s residence and the second for residences, that this will require an amendment of the Senior Housing Overlay District, that the Planning Board closed its public hearing and referred the review of the ordinance to the Zoning Ordinance Review Committee for a recommendation to the City Council, that on September 2, 2008 the Senior Housing Overlay District (SHO) was approved, that the SHO was created for one lot, that a second lot was established, that there will be a one acre lot for the Alzheimer’s facility, that this proposal will allow multi-family housing by special permit, that he filed a memorandum dated July 30, 2010 relative to these petitions, that by virtue of the dimensional and density regulations a one acre minimum would be needed for the assisted living, Alzheimer and extended care uses, that a 98 unit condominium development would generate approximately $405,000.00 in annual tax revenue, that the 32 bedroom Alzheimer’s unit would generate approximately $50,000.00 to $75,000.in tax revenue, that currently the locus is in the R-1 zoning district with the Senior Housing Overlay District as well, that the benefit of the Residential Overlay District to the SHO will be new taxes where the parcel is not presently taxed, that there will be a benefit to the current property owner with the ability to construct a community center for the area residents, improvements to the canal and a potential widening of Main Street, and that work will have to be completed such as traffic studies and engineering studies that will find improvements. Steven Braese, Century 21 Crowley-Braese, 132 Pleasant Street stated that he is the listing broker for the petitioner, that the proposed project will have underground parking, that the units will be owner occupied two bedroom units, that there will be 32 units of Alzheimer residences, that there will be a fifteen foot easement in front for widening of the roadway, that a third lane or a middle lane could be added to ease traffic, that an owner-occupied condition could be added to the special permit, that presently the locus is not taxed at all, and he offered a copy of a petition signed by approximately 49 people in favor of the petition. Motion made and 2nd to accept the document and make it part of the record, 8 in favor, 0 opposed, 1 absent (Haggerty absent). Alderman Raymond stated that there has been discussion of the city taking over control of this portion of Main Street from the state, and he offered a copy of minutes from a neighborhood meeting of June 10, 2010 for the City Council to review. Motion made and 2nd that the document be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Haggerty absent). Alderman Drapeau asked for those in the public gallery of the Council Chamber to raise their hand if they supported the petition. Approximately forty people raised their hands in response. Alderman Mercer-Bruen asked whether there was a guarantee that the parish would not close if the project moves forward, and stated that she wants a guarantee that the parish will receive the money for the community center, that when the Senior Housing Overlay District was adopted multifamily residences or condominiums were not desired, and that she does not support multifamily residences or condominiums now. Rev. Richard Shmaruk, 60 Elm Street stated that he is the Pastor of St. Anthony’s Parish, that there is no guarantee that the parish will not close, that parish closings or openings depend on many factors, that when the financial stability of a parish is not good there could be a change, that the parish located on this locus over 70 years ago, that they are looking to stabilize the parish and also to stabilize the neighborhood, that there has been no discussion at the Archdiocese relative to closing the parish, and that he has not heard a voice from the parish opposed to this plan. Alderman Drapeau stated that there are large apartment projects and traffic in the west side of Woburn, that the apartment traffic does not affect the traffic, that the city has a lot of traffic because it is a central location intersected by Route 93 and Route 95/128, that the traffic and location affects the city not an apartment complex, and that there will be additional meetings on this as the design progresses. Alderman Gately stated that there has to be residential growth potential in the city, and that if new schools and a library expansion are to be built then there has to be residential growth to do so. IN FAVOR: John Martini, 169 Place Lane stated that he is in favor of the petition, that the prior plan for the property was not completed, that the zoning needs an amendment to allow this project to progress, that without this proposal being approved the parish may have to close, and that they hope to use the proceeds from the sale to construct a parish community center. Dave Nocella, 25 West Street stated that the proposed project will have an insignificant impact on the current traffic conditions in the area. Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that the traffic in this area needs to action, and that this proposal will allow progress in relieving the traffic conditions. Joe Crispo stated that he lives in Wilmington and attend St. Anthony’s Parish, that a third travel lane will provide relief for the traffic along with improvements in the traffic control signals and traffic radius in the area, and that this project will enhance the beauty of the area. OPPOSED: Jack Doherty, One Joseph Terrace stated that two years ago condominiums were forbidden and now they are going to be built, that the traffic has not improved, that the State will no widen the street, that there is talk of green space but the building is higher and takes up more space, that the petitioner states there will be 98 units but the ordinance allows for 120 units, that the units in the ordinance should be reduced to 98 units, and that there are many people in the area who are concerned with speaking out against the project because it is the church. Rick McLaughlin stated that he owns 844-846 Main Street, that the traffic is backed up in that area, that turning traffic in the area will cause further issues, and that the third land would likely require further takings to make it run along that whole section of Main Street. Anthony Lanzillo, 840 Main Street stated that he is not opposed to the proposal but would like to see a picture of the project before it moves forward.  Motion made and

2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF

THE CITY COUNCIL ON SEPTEMBER 7, 2010 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, 8 in favor, 0 opposed, 1 absent (Haggerty absent).

 

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On the petition by Roman Catholic Archbishop, a Corporation Sole, 66 Brooks Drive, Braintree, Massachusetts to further amend the Woburn Zoning Map, as amended, for a parcel of land containing approximately 6.00 acres of land identified as Lot 2 Main Street as shown on a plan by Allen & Major Associates, Inc., entitled “St. Anthony of Padua, 859 Main Street, Woburn, MA” Revised 1/04/08 from the Senior Housing Overlay District to the Residential Overlay District and by adding the parcel of land containing approximately 1.091 acres of land identified as Lot A, Main Street, as shown on a plan by Holmberg & Howe entitled “Plan of Land, 859 Main Street, Woburn, Massachusetts” dated May 24, 2010 to the Residential Overlay (“ROD”) District. PUBLIC HEARING OPENED. SEE MINUTES OF PRECEDING MATTER. Motion made and 2nd that the

PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON SEPTEMBER 7, 2010 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, 8 in favor, 0 opposed, 1 absent (Haggerty absent).

 

************************* Alderman Haggerty returned to the Council Chamber.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

 

PERSONNEL:

 

On the appointment of Wayne McDaniel and Gary Fuller to the Woburn Redevelopment

Authority, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 5, 2010                s/Scott D. Galvin August 5, 2010

 

************************* POLICE AND LICENSE:

 

On the petition by First Cab of Woburn to amend Taxi Cab License to change location from 29 Cummings Park, Suite 440 to 300 TradeCenter, Suite 5680, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor August 5, 2010 and ten days having elapsed without same being approved, said Order became effective without his signature on August 17, 2010.

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NEW PETITIONS:

 

Petition by CRP-2 Holdings Wildwood, LLC, c/o CB Richard Ellis, 144 Turnpike Road, Suite 350, Southborough, MA 01772 to change the name on an Inflammable License for the property located at 275 Wildwood Avenue from Cabot Properties, Inc. to CRP-2 Holdings Wildwood, LLC. Motion made and 2nd that the CHANGE OF NAME ON INFLAMMABLE  LICENSE AT 275 WILDWOOD AVENUE TO CRP-2 HOLDINGS WILDWOOD, LLC be APPROVED, all in favor, 9-0.

Presented to the Mayor August 5, 2010 and ten days having elapsed without same being approved, said Order became effective without his signature on August 17, 2010.

 

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Petition by Stephen Stahl, 5 Jaycin Circle, Woburn, Massachusetts 01801 for a new

Billiard Table License for ten (10) billiard tables at 435 Main Street. Motion made and

2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND

LICENSES, all in favor, 9-0.

 

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Petition by Hughes Entertainment dba Lasercraze, 1600 Osgood Street, North Andover, Massachusetts 01845 for a special permit pursuant to Section 5.1.17b, 5.1.29 and 5.1.64 of the 1985 Woburn Zoning Ordinances, as amended, to allow for an indoor commercial playground for laser tag and containing automatic amusement devices and a snack bar at Suite C, 15 Presidential Way. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Andrew G. Eromin and Mary Eromin, both of 13 Waverly Road, Woburn, Massachusetts 01801 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to modify a special permit granted June 12, 2008 and extended on May 16, 2010 to allow for the alteration and change of a pre-existing nonconforming structure by razing the same and constructing a new, two-family structure

conforming to all dimensional requirements excepting frontyard setback and lot size at 7 Richmond Avenue. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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COMMUNICATIONS AND REPORTS:

 

A communication dated July 16, 2010 was received from Charles L. O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:

 

In accordance with Massachusetts General Laws Chapter 90, Section 20½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending June 2010: number of parking violations issued 775, number of violations paid 410, number of violations outstanding 281, amount collected and submitted to the Office of the Collector $31,104.20. There exists a backlog of 5,222 tickets for 1982 through 2009. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $6,600.00.

 

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

 

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

 

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A communication dated July 29, 2010 with attachments was received from Joanne Collins, Director, Woburn Council on Aging along with the minutes of the July meeting of the Council on Aging and the Director’s report for the month of July. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated July 30, 2010 with attachments was received from City Solicitor John D. McElhiney as follows:

 

Re: McSheffrey/Hess Corporation – 306 Montvale Avenue

 

Dear Members of the City Council:

 

Submitted for your consideration at your meeting on August 3, 2010, is an Order by which you can authorize the Mayor to accept the conveyance of a strip of land along the above referenced parcel. You may recall this was required as a condition of the Special Permit which was granted to the property owner and Hess Corporation by vote of the

City Council in December 2008. Attached is a final draft of the deed and accompanying Plan, which is in accord with the prior vote of the Council in connection with the Special Permit.

 

I believe only one reading is required, should you be inclined to vote on this matter at your August 3rd meeting.

 

Thank you for your courtesy.

 

Sincerely, s/John D. McElhiney

Attached thereto was the following Order:

 

ORDERED     That the Mayor be and is hereby authorized to accept, on behalf of the

City of Woburn, the grant of certain property at 306 Montvale Avenue,

from Robert McSheffrey, Trustee of 306 Montvale Avenue Realty Trust, said land containing approximately 1,587 square feet, and being shown on Plan dated December 3, 2009, said parcel of land to be deeded to the City in compliance with a condition of a certain Special Permit issued to the Grantor and Hess Corporation, on December 26, 2008.

 

s/Alderman Mercer-Bruen

 

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

Presented to the Mayor: August 5, 2010                s/Scott D. Galvin August 5, 2010

 

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A communication dated July 27, 2010 with attachments was received from Joseph R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn as follows:

 

Re: Dole and Bailey, Inc., 16 Conn Street, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Please be advised that I represent Dole & Bailey, Inc. (“Dole & Bailey”) in connection with its Landowner’s Decision and Notice of Special Permit issued by the City Clerk on October 23, 2008, (the “Special Permit”). As a result of current economic conditions that build out of the accessory retail area has not yet commenced.

 

Therefore, on behalf of the Petitioner, I respectfully request that the City Council extend the time period for the Petitioner to exercise its rights under the Special Permit for an additional two (2) year period to October 23, 2012.

 

Should you need any further information, please do not hesitate to contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby III

 

Motion made and 2nd that the SPECIAL PERMIT ISSUED OCTOBER 23, 2008 TO DOLE & BAILEY, INC. be EXTENDED UP TO AND INCLUDING OCTOBER 23,

2012, all in favor, 9-0.

 

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A communication dated July 30, 2010 with attachments was received from Joseph R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn as follows:

 

Re:      Modification to Landowner’s Decision and Notice of Special Permit issued to Self Storage Group LLC

 

Dear Mr. Campbell:

 

Please be advised that this office represent Self Storage Group, LLC (hereafter “SSG”).

On May 27, 2010 the City Clerk’s Office issued two (2) Landowner’s Decision and Notice of Special Permit to Town Fair Centers of Massachusetts LLC (hereafter the “TFT Special Permit”).

Condition 13c. of the TFT Special Permit states that said Special Permit is contingent upon the City Council modifying the Landowner’s Decision and Notice of Special Permit dated July 31, 2009 issued to SSG (the “SSG Special Permit”) to restrict all entering and exiting traffic to and from Washington Street to right turns into and right turns out of the site.  In addition, said modification shall prohibit left turns into and left turns out of the site to and from Washington Street.

Therefore, on behalf of the SSG, I respectfully request that Condition Number 13 of

SSG’s Special Permit (copy enclosed) be amended by deleting the first sentence in said Condition 13 which states “That Traffic exiting the site shall be restricted to right turn only” and replacing with:

“That traffic entering and exiting the site shall be restricted to right turns only to and from Washington Street.  In addition, left turns entering and exiting the site to and from Washington Street shall be prohibited.”

As you may recall during the public hearing on the TFT Special Permit the City Council agreed it would handle this request as a minor modification to the SSG Special Permit.

Due to the fact that a closing on the property to be purchased by TFT is scheduled for August 2010, I respectfully request that you take action on this request at the City Council meeting scheduled for August 3, 2010.

Thank you.

Very truly yours, s/ Joseph R. Tarby III

 

Alderman Mercer-Bruen stated that when the Town Fair Tire special permit was approved there was agreement that there would be a restriction on vehicle turning movement entering and exiting the locus, and that this will confirm that restriction. Motion made and 2nd that the MODIFICATION OF THE SPECIAL PERMIT be APPROVED, all in favor, 9-0.

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS: 

 

A communication dated July 19, 2010 was received from His Honor the Mayor Scott D. Galvin as follows:

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby re-appoint Ralph Coakley, Community Policing Officer of the Woburn Police Department, as a Member of the Human Rights Commission as required in the City of Woburn Municipal Code Title 2-236. Please be advised that the effective date of this appointment will be August 1, 2007, and the term will expire on July 31, 2013.

 

If you have any questions, please feel free to contact me.

 

Sincerely, s/Scott D. Galvin, Mayor

 

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

 

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

A communication dated July 19, 2010 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Dean

Solomon of the Woburn Council of Social Concerns, as a Member of the Human Rights Commission as required in the City of Woburn Municipal Code Title 2-236. Please be advised that the effective date of this appointment will be the date of confirmation by the City Council, and the term will expire on July 31, 2013.

 

If you have any questions, please feel free to contact me.

 

Sincerely, s/Scott D. Galvin, Mayor

 

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

 

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

A communication dated July 19, 2010 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Mark Donovan, Superintendent of Woburn Public Schools, as a Member of the Human Rights Commission as required in the City of Woburn Municipal Code Title 2-236. Please be advised that the effective date of this appointment will be the date of confirmation by the City Council, and the term will expire on July 31, 2013.

If you have any questions, please feel free to contact me.

 

Sincerely, s/Scott D. Galvin, Mayor

 

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

 

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

A communication dated July 19, 2010 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby re-appoint Jan Robbins Cox, Director of Human Resources, as a Member of the Human Rights Commission as required in the City of Woburn Municipal Code Title 2-236. Please be advised that the effective date of this appointment will be August 1, 2007, and the term will expire on July 31, 2013.

 

If you have any questions, please feel free to contact me.

 

Sincerely, s/Scott D. Galvin, Mayor

 

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

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     Be it ordained by the City Council of the City of Woburn that the Zoning Map of the City of Woburn shall be further amended by amending the present zoning district of a certain parcel of land owned by the City of Woburn containing approximately 30,900 square feet of land shown on the assessors’ map and designated as 42-8-16, located on Plympton Street and the site of the former Plympton Elementary School from the R-2 zoning district to the O-S zoning district.

 

Alderman Gaffney stated that he wants to review this matter in committee to decide whether the proposal should move forward. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON MUNICIPAL LANDS, all in favor, 9-0.

 

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ORDERED     Be it Ordained by the City Council of the City of Woburn that Title 9, Article III of the 1989 Woburn Municipal Code, as amended, be further amended, by adding a new Section 9-16(D) as follows:

D. No signs of any type, except for those erected under the direction of the Department of Public Works, shall be affixed, erected or placed in any manner for any length of time on any portion of the area within the bounds of Common Street, Pleasant Street and Main Street and commonly referred to as Woburn Common, including the sidewalks and curbing both within and along the outer perimeter of the Common, posts, poles, trees or other structures of any name or nature.

s/Alderman Gately

 

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

 

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

ORDERED     That the bulletin board maintained in the office of the City Clerk and the window at the handicapped accessible door at the rear of City Hall together shall be the principal official bulletin board of the City of Woburn for the purposes of posting notices pursuant to Massachusetts General Laws Chapter 30A, Section 20 until further order of the City Council.

 

s/President Denaro

 

Alderman Drapeau stated that this should be a temporary solution until the permanent plan or regulation is in place. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 5, 2010                s/Scott D. Galvin August 5, 2010

 

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ORDERED     That in accordance with Massachusetts General Laws Chapter 54, as amended, the City Clerk is hereby authorized and directed to notify and to warn such of the inhabitants of the City of Woburn as are qualified to vote

in Primaries to assemble at the polling places in their respective wards as designated herein, on TUESDAY, the FOURTEENTH DAY OF

SEPTEMBER, 2010 from 7:00 a.m. to 8:00 p.m., then and there to cast their votes in the State Primary for the candidates of political parties

DEMOCRATIC, REPUBLICAN AND LIBERTARIAN for the following offices:

 

GOVERNOR …………………………………….. FOR THIS COMMONWEALTH LT. GOVERNOR ………………………………. FOR THIS COMMONWEALTH ATTORNEY GENERAL ……………………. FOR THIS COMMONWEALTH SECRETARY OF STATE ………………….. FOR THIS COMMONWEALTH TREASURER ……………………………………. FOR THIS COMMONWEALTH AUDITOR ………………………………………… FOR THIS COMMONWEALTH

REPRESENTATIVE IN CONGRESS …. SEVENTH DISTRICT

COUNCILLOR …………………………………. SIXTH DISTRICT

SENATOR IN GENERAL COURT …….. 2nd MIDDLESEX DISTRICT (Ward 2)

SENATOR IN GENERAL COURT …….. 4TH MIDDLESEX DISTRICT

(Wards 1, 3, 4, 5, 6, 7))

REPRESENTATIVE IN GENERAL COURT…15th MIDDLESEX DISTRICT

(Wards 1, 7 )

REPRESENTATIVE IN GENERAL COURT…30th MIDDLESEX DISTRICT

(Wards 2, 3, 4, 5, 6)

DISTRICT ATTORNEY ……………………. NORTHERN DISTRICT

SHERIFF ………………………………………….. MIDDLESEX COUNTY

 

Ward-Precinct Polling Place Location

   

1-1                               Joyce Middle School Library

55 Locust Street

 

1-2                               Clapp Elementary School Cafeteria

40 Hudson Street at Arlington Road

 

2-1                               Shamrock Elementary School Gymnasium

60 Green Street

 

2-2                               Shamrock Elementary School Gymnasium

60 Green Street

 

3-1                               Hurld Elementary School Gymnasium

75 Bedford Road

 

3-2                               Hurld Elementary School Gymnasium

75 Bedford Road

 

4-1                               Wyman Elementary School Auditorium

679 Main Street at Eaton Avenue

 

4-2                               White Elementary School Gymnasium

36 Bow Street

 

5-1                               Kennedy Middle School Gymnasium

41 Middle Street

 

5-2                               Kennedy Middle School Gymnasium

41 Middle Street

 

6-1                               Altavesta Elementary School Gymnasium

990 Main Street

 

6-2                               Altavesta Elementary School Gymnasium

990 Main Street

 

7-1                               Reeves Elementary School Gymnasium

240 Lexington Street

 

7-2                               Reeves Elementary School Gymnasium

                                                                                 240 Lexington Street

 

s/President Denaro

 

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

Presented to the Mayor: August 5, 2010                s/Scott D. Galvin August 5, 2010

 

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ORDERED That the following list of Wardens, Clerks, Inspectors and Substitutes be approved for all Elections between September 1,
2009 and August 31, 2010:
Ward Precinct Name Address Office
1 1 Barbara Fagan 33 Dix Rd. Ext. Warden
1 1 Sharon Flynn 6 Thornton St.

Clerk

1 1 Carol Lynch 264 Place Lane Inspector
1 1 Catherine Walsh 273 Cambridge Road #202 Inspector
1 1 Rita Allitto 11 Morningside Drive Inspector
1 1 Peter Aspesi 31 Hudson St. Inspector
1 1 Roberta Bengtson 6 Samoset Road Inspector
1 1 Loretta Schuck 44 Leonard Street Inspector
1 1 Paula Walsh 11 Hillside Avenue Inspector
1 1 Florianna Tobin 200 Bedford Road #26D Inspector
1 2 Keith Sullivan 4 Marlboro Road Warden
1 2 Margaret Wallace 4 Lakeview Terr

Clerk

1 2 Betty Parechanian 7 Hope Lane Inspector
1 2 Janet Paleologos 19 Rumford Pk Ave Inspector
1 2 Georgina Silva 50 Cambridge Rd #209 Inspector
1 2 Carol Beckwith 27 Buttaro Road Inspector
1 2 Sophia Davidson 37 Arlington Rd Inspector
1 2 Janet Dever 9 Canterbury Road Inspector
1 2 Janet LeBlanc 1 Surrey Circle Inspector
1 2 John Cain 72 Bedford Road Inspector
2 1 Sandra Luther 19 Cummings Ave Warden
2 1 Catherine DiPanfilo 20 Innitou Road

Clerk

2 1 Dorothy O’Halloran 4 Colonial Road Inspector
2 1 Helen King 4 Bedford Road Inspector
2 1 Mary Ann Chorlton 312 Lexington St Inspector
2 1 Roy Luther 19 Cummings Avenue Inspector
2 1 Arthur Cumming Jr. 27 Anna Road Inspector
2 1 Phyllis McInnis 66 Kilby Street Inspector
2 1 Theresa Smith 25-0 Arlington Road 4 Inspector
2 1 Connie Pandolph 9 Park Drive Inspector

 

 

2 2 Patricia McCuish 14 Scott Street
2 2 Donald McCuish 14 Scott Street
2 2 Elizabeth Ober 39 Forest Park Road
2 2 (Mary) Patricia Connolly 60 Montvale Road
2 2 Janice Pandolph 37 Elijah Street
2 2 Jean Mernin 2 Walnut Court
2 2 Judith Nagle 8 Thomas Street
2 2 Natalie O’Connor 13 Cummings Avenue
2 2 Barbara Sullivan 27 Arlington Road #1-1 Inspector
2 2 Paul Cunniff 93 Waltham Street Inspector
3 1 Linda Olsson 60 Water Street Warden
3 1 Helen Simonds 45 Eaton Avenue

Clerk

3 1 Elizabeth A. Simonds 3 Court Street Inspector
3 1 Marie Giangrande 6 Flint Circle Inspector
3 1 Janet Barbas 45 Union Street Inspector
3 1 Marie Price 240 Place Lane Inspector
3 1 Mary McElhiney 13 Ash Street Inspector
3 1 Stella Di Girolamo 9 Lee Road Inspector
3 1 Richard Tobin 44 Green street Inspector
3 1 Janet Irwin 37 Waltham Street Inspector
3 2 Thelma Anthony 41 Brentwood Road Warden
3 2 Ron Dunn 8 Spring Street

Clerk

3 2 Louise LeBlanc 20 Mayflower Road Inspector
3 2 Debbie Perelli 65 Pine St Inspector
3 2 Hilda Abreu 81 Garfield Avenue Inspector
3 2 Jean Rooney 59 Campbell St #506 Inspector
3 2 Joyce Wentworth 17 Highet Avenue Inspector
3 2 John Matheson 66 Central Street Inspector
3 2 Doris Stanton 18 Nichols Street Ext Inspector
3 2 Paul Johnson 7 Dearborn Terrace Inspector
4 1 Sarkis Chinian 8 Asbury Avenue Warden
4 1 James Rastellini 153 Montvale Avenue

Clerk

4 1 Adeline Matheson 66 Central Street Inspector
4 1 Albert Galante 4 O’Neil Road Inspector
4 1 Carolyn Fitzler 59 Campbell St #5415 Inspector
4 1 Mary Alice Grzyb 26 Carroll Road Inspector
4 1 Elaine Haggerty 30 Thistle Road Inspector
4 1 James Doherty 45 Brentwood Road Inspector
4 1 Mary McElhiney 10 Pilgrim Road Inspector
4 1 Mary McLaughlin 6 Carroll Road Inspector
4 2 Margaret Donahue 176 Bedford Rd Warden
4 2 Ann McGarry 3 Innitou Road

Clerk

4 2 Hazel Lambert 3 Elmwood Terrace Inspector
4 2 Geraldine Moscaritolo 200 Bedford Road #20E Inspector
4 2 Jeanne Lingblom 18 Day Circle Inspector
4 2 Margaret Stack 7 Willow Street Inspector
4 2 Stella Kiklis 1 Cliffside Terrace Inspector
4 2 Kasey Ward 120 Russell Street Inspector
4 2 Alfred Autenzio 9 Arbor Lane Inspector
4 2 Janice R. Sylvia 2 Bay Street Inspector

 

5 1 Joyce Marshall 5 Elijah Street
5 1 Rodney Flynn 6 Thornton St
5 1 Beverly McCue 51R Central Street
5 1 Edith Welch 59 Campbell St #303
5 1 Harold Parechanian 7 Hope Lane
5 1 Gloria Platon 6 Fieldstone Drive
5 1 William Connolly 27 Parker Street
5 1 Mary Sandvik 2 Park Drive Ext
5 1 Maureen Vallis 4 Clifford Terrace Inspector
5 1 Martin LaCarbonara 10 Grove Street Inspector
5 2 Helen Hatch 14 Marlboro Road Warden
5 2 Theresa Nardone 3R James Terrace

Clerk

5 2 William Coady 35 Glenwood Avenue Inspector
5 2 Mary Dickie 1 Linden Circle Inspector
5 2 Marguerite Rebal 111 Spring Court Ext Inspector
5 2 May Famiglietti 22 Buttaro Road Inspector
5 2 Shirley Butler 28 Felton Street Inspector
5 2 Anna Cumming 27 Anna Road Inspector
5 2 Myles Collins 19 Squanto Road Inspector
5 2 Janet Galante 3A Kearsarge Avenue Inspector
6 1 Nancy Darby 20 Ward St Warden
6 1 John Decata 57 Wood Street

Clerk

6 1 Albina Cain 72 Bedford Road Inspector
6 1 Barbara Ridley 129 Place Lane Inspector
6 1 Jean O’Connor 9 Rock Street Inspector
6 1 Caroline Murphy 3 Akeson Road Inspector
6 1 Josephine Wallace 55 Vernon Street Inspector
6 1 Loretta Cianchi 32 Dix Road Inspector
6 1 Marion Galante 4 O’Neil Road Inspector
6 1 Jane Linn 204 School Street Inspector
6 2 Diane Autenzio 23 Milan Avenue Warden
6 2 Francis Hancock 13 Pearl Street

Clerk

6 2 Sheila Marshall 26 Boyd Road Inspector
6 2 Carolyn Grammer 27-0 Arlington Road #1 Inspector
6 2 Irene Decata 57 Wood Street Inspector
6 2 Marjorie Amato 24 Mountain Street Inspector
6 2 Mary O’Doherty 134 Bedford Road Inspector
6 2 Rita Stone 63 Merrimac Street Inspector
6 2 Michelina DeAngelis 255 Lexington Street Inspector
6 2 Eleanor Collins 19 Squanto Road Inspector
7 1 Alfred Magro 9 Rich Road Warden
7 1 Thomas O’Rourke 15 Highet Avenue

Clerk

7 1 Camille Maccini 3 Pheasant Lane Inspector
7 1 Dorothy Curran 1 Dix Road Inspector
7 1 Ellen Magro 9 Rich Road Inspector
7 1 Florence Tully 5 Hiawatha Road Inspector
7 1 Ruthann Gridelli 25 Grape Street Inspector
7 1 Nancy Nardone 12 Roman Road Inspector
7 1 Virginia Evans 12 Barbara Circle Inspector
7 1 Barbara Callahan 32 Van Norden Road Inspector

 

I hereby approve the above. s/Scott D. Galvin

 

s/President Denaro

 

Motion made and 2nd that the ORDER be ADOPTED, 8 in favor, 0 opposed, 1 abstained (Haggerty abstained).

Presented to the Mayor: August 5, 2010                   s/Scott D. Galvin August 5, 2010

 

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On the Loan Order to appropriate the sum of $6,800,000.00 for various surface drainage projects approved by the City Council at the Regular Meeting held on July 6, 2010.

Motion made and 2nd that the VOTE OF THE CITY COUNCIL MADE ON JULY 6,

7 2 Gloria Hildebrandt 10 Lafayette Place
7 2 M. Joyce O’Donnell 442 Russell Street
7 2 Helen Foti 10 Morningside Drive
7 2 Patti Doyle 6 Thomas Street
7 2 Pat Catania 20 Beacon Street
7 2 Phyllis Flight 99 Middle Street
7 2 Mary Harrison 48 Lake Ave #BC5
7 2 Donna Bullen 27 Robinson Road
7 2 Sharon Lee 14 Henderson Road Inspector
7 2 Nancy Matthews 11 Albert Drive Inspector
June Myers 10 Delaware Avenue Substitute
Robert Granata 26 Northwoods Circle Substitute
Rosemary Spencer 5 Caulifield Road Substitute
Theresa Chotkowski 3 Pond Terrace Substitute
Elizabeth Donovan 5 Crescent Road Substitute
Diane Alexander 75 Creston Ave Substitute
Dianne DiRienzo 24 Carson Road Substitute
Hans Christenson 256 Salem Street Substitute

2010 be REAFFIRMED, ROLL CALL: Anderson – Yes, DiTucci – Yes, Drapeau – Yes, Gaffney – Yes, Gately – Yes, Haggerty – Yes, Mercer-Bruen – Yes, Raymond – Yes, Denaro – Yes.

Presented to the Mayor: August 5, 2010                   s/Scott D. Galvin August 5, 2010

 

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RESOLVED That His Honor the Mayor instruct the Superintendent of Public Works to repave Madison Street curb to curb.

 

s/Alderman Haggerty and Alderman Gately

 

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

Presented to the Mayor August 5, 2010 and ten days having elapsed without same being approved, said Order became effective without his signature on August 17, 2010.

 

 

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RESOLVED Whereas, the Shamrock School field is used by Shamrock School students, as well as many other Woburn youth, at all times of the year and directly abuts Eastern Avenue, a busy street;

 

Now, Therefore, Be It Resolved by the City Council of the City of Woburn that His Honor the Mayor, instruct the Recreation Department and Parks Department to place a fence of appropriate height along Eastern Avenue to better protect the youth who use this field.

 

s/Alderman Haggerty and Alderman Gately

 

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

Presented to the Mayor August 5, 2010 and ten days having elapsed without same being approved, said Order became effective without his signature on August 17, 2010.

 

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

RESOLVED Whereas, Woburn’s Horn Pond is the most beautiful and widely used recreation are in the city; and

 

Whereas, Horn Pond attracts residents from all parts of the city and parking issues continue to affect the lives of residents directly surrounding the pond;

 

Now, Therefore, Be It Resolved by the City Council of the City of Woburn that His Honor the Mayor direct the appropriate department heads to explore ways of adding additional parking spaces to the municipal lots on Sturgis Street and Lake Avenue in order to encourage continued use of this beautiful area and alleviate traffic issues.

 

s/Alderman Haggerty and Alderman DiTucci

 

Alderman haggerty stated that this is the first step in providing more parking and assisting with parking issues in the area. Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.

Presented to the Mayor August 5, 2010 and ten days having elapsed without same being approved, said Order became effective without his signature on August 17, 2010.

_________________________

 

Motion made and 2nd to suspend the rules for the purpose of adding the following late filed matters to the Order of the Day, all in favor, 9-0.

_________________________

 

RESOLVED   Whereas, Woburn Parkway and Water Street are heavily trafficked, especially where they intersect Sturgis Street at Horn Pond; and

 

Whereas, traffic turning from or on these streets have difficulty navigating the turns when cars are parked along the pond side of the street;

 

Now, Therefore, Be It Resolved by the City Council of the City of Woburn that it is hereby requested that the Woburn Traffic Commission investigate the feasibility of imposing a no-parking restriction at the juncture of both those streets at the points where they meet the road that runs parallel to Horn Pond.

 

s/Alderman DiTucci and Alderman Haggerty

 

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

Presented to the Mayor August 5, 2010 and ten days having elapsed without same being approved, said Order became effective without his signature on August 17, 2010.

_________________________

 

Motion made and 2nd to take the following two matters collectively, all in favor, 9-0. Alderman Drapeau stated that the City Council representative to the committee should be chosen by the City Council and not by the Mayor, and that the Energy Committee had two Aldermen as members but they were dismissed from the committee because of a concern that they would have been involved with negotiating the contracts. Alderman Gately stated that the City Council President generally names liaisons to committees, and that the President should confer with the Mayor to determine his intent. Alderman Mercer-Bruen stated that Alderman Anderson would make an excellent liaison to the

Agricultural Advisory Committee whereas Spence Farm is in his ward. Motion made and

2nd that the FOLLOWING TWO MATTERS be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

_________________________

 

A communication dated August 3, 2010 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Re:  Green Communities/Woburn Clean Energy Committee liaison

 

In 2008, Massachusetts enacted the Green Communities Act (S.B. 2768), and created the Green Communities Division within the Department of Energy Resources (DOER) to support Massachusetts communities toward a sustainable future, specifically with regard to energy usage.  As of today, 35 Massachusetts cities and towns have been designated as “green communities.”

 

In 2009, each city and town designated as a green community received $125,000 in grant funding, and an additional percentage of funding calculated by per capita income and population.  This year, Governor Patrick has again fully funded the program and guaranteed grant funds to each community that achieves designation as a green community.  After meeting with the Woburn Clean Energy Committee, I feel it is in Woburn’s best interests to obtain designation as a green community.

 

Designation requirements call for the adoption of certain policies, including:

 

  • Via ordinance, stipulate “as-of-right” siting/zoning for renewable energy (or alternative energy) generation, manufacturing or research and development.
  • Provide for expedited application and permitting processes for those facilities sited in “as-of-right” designated locations.
  • Reduce energy usage by 20 percent in five years.
  • Adopt a fuel efficiency policy, and procure only fuel-efficient vehicles.
  • Establish requirements to minimize life-cycle energy costs for new construction.  (Note: suggested route to achieve this step is via adoption of a “Stretch Code,” as identified on program website.)

 

After review of the provisions, and discussions with Green Communities representatives, I believe Woburn is in the perfect position to move forward.  Many of the requirements are already in place, so the City could proceed directly into updating policies, evaluating the completed energy audit, and forwarding the appropriate information and documents to the City Council for its review and acceptance.

 

Adopted procedures will include progress and pertinent informational updates to the City Council as the City works through the required designation process.

 

This is a tremendous opportunity for the City of Woburn to reduce its carbon footprint, implement energy-efficient policies and enact sustainable practices aimed at significant, future cost savings.  I would ask that Alderman-at-Large Richard Haggerty be appointed as a liaison to the Woburn Clean Energy Committee in order to help move this process forward.

 

Please contact me with any questions.

 

Sincerely, s/Scott D. Galvin, Mayor

 

See note above for action to receive and place on file.

_________________________

 

A communication was received from His Honor the Mayor Scott D. Galvin as follows:

 

I have formed an Agricultural Advisory Committee, consisting of the following Woburn residents:

 

Paul Medeiros, 9 Marietta Ave.;

Robert Carley, 25 Wright St.;

Michael Benanate, 9 Locust St.

 

I am requesting that Ward 4 Alderman Michael Anderson be named as the City Council Liaison to the Advisory Committee.

 

The Purpose of the Agricultural Committee is to explore the best agricultural uses, or combination thereof, for the 7-acre Spence Farm property, which the City is scheduled acquire the title later this month. The proposed uses include a local farmer’s market, community gardens and continued farming operations. The Committee will hold public meetings, and take input from abutters and Woburn residents regarding the proposed uses and any other agricultural endeavor suggested.

 

Please contact me with any questions

 

Sincerely, s/Scott D. Galvin, Mayor

 

See note above for action to receive and place on file.

_________________________

 

Motion made and 2nd to return to the regular order of business, all in favor, 9-0.

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 9:39 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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