City Council – 08/9/2011

DATE 08/09/2011
TIME 7:00 pm
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 9, 2011 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro  _________________________

 

 

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

_________________________

 

Motion made and 2nd to take the following matter out of order and to hear from His Honor the Mayor and the Members of the License Commission on the matter, all in favor, 9-0.

_________________________

 

ORDERED     That pursuant to Section 42G of Chapter 172 of the Acts of 1897, known commonly as the Charter of the City of Woburn, that the following proposition be presented for a vote to the registered voters of the City of Woburn for adoption or rejection at the general Municipal Election to be held November 8, 2011 and that the proposition be printed on any and all ballots for that election:

 

“Shall the license commission be authorized to grant licenses for the sale of wines and malt beverages to be drunk on the premises in restaurants having not less than 50 seats; provided, however, that not more than 8 licenses or such amount as allowed under section 17 of chapter 138 of the

General Laws shall be in effect?  Yes ___ No ___”

 

Further, be it Ordered that if the majority of the voters vote in the affirmative then the City of Woburn hereby petitions the Great and General Court of the Commonwealth of Massachusetts to enact the following proposed Special Act:

 

An Act authorizing the City of Woburn to place a certain question relative to the sale of alcoholic beverages on the State election ballot.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

 

SECTION 1. Notwithstanding any limitations imposed by section 11 of chapter 138 of the General Laws as to the time and manner of voting on the questions or any other general or special law to the contrary, the mayor and city council of the city of Woburn shall cause to be placed on the official ballot used in said city by registered voters for the State election to be held November 6, 2012 the following question:

 

“Shall the license commission be authorized to grant licenses for the sale of wines and malt beverages to be drunk on the premises in restaurants having not less than 50 seats; provided, however, that not more than 8 such licenses or such amount as allowed under section 17 of chapter 138 of the General Laws shall be in effect?”

 

YES_______ NO_______

 

If the majority of the votes cast in answer to that question is in the affirmative, the city shall be taken to have authorized the sale in said city of wines and malt beverages to be drunk on the premises in restaurants having not less than 50 seats; provided, that not more than 8 such licenses or such amount as allowed under section 17 of chapter 138 of the General Laws shall be in effect. The licenses shall be subject to all other provisions of said chapter 138.

 

SECTION 2. The mayor may direct the city solicitor to draft a summary of the question, which shall be placed on the ballot with the question.

 

SECTION 3. This Act shall take effect upon its passage.

 

s/President Denaro and Alderman Haggerty

 

Alderman Haggerty stated that the Woburn Redevelopment Authority Members and License Commission Members have expressed support for this proposal, that the question should be sent to the voters to decide if they city should move forward with this proposal, that if the voters approve the question then the matter will be sent to the State legislature for action and the question would appear on the State ballot question in November 2012 as well, that this proposal will help to revitalize the downtown, promotes economic development and create jobs, that this will help the city resolve the BYOB issues, and that city leaders may not create jobs but must establish the economic environment in which jobs will be created. Motion made and 2nd to return to the regular order of business, all in favor, 9-0. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 11, 2011     s/Scott D. Galvin August 11, 2011

_________________________

 

MAYOR’S COMMUNICATIONS:  None.

_________________________

 

PUBLIC HEARINGS:  

On the petition by 859 Main Development, LLC, 57 Russell Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 22 of the 1985 Woburn Zoning Ordinances, as amended for a proposed 98 unit condominium development at 859 Main Street. PUBLIC HEARING OPENED. A communication dated August 4, 2011 was received from Shaun W. Briere, Mawn and Mawn, P.C., 275 Mishawum Road, 4th Floor, Woburn, Massachusetts 01801 as follows:

 

Dear Mr. Campbell and Members of the City Council:

 

The Petitioner respectfully requests a continuance of the above referenced matter scheduled for public hearing by the City Council at its upcoming meeting on August 9, 2011, The Petitioner requests said continuance in order to afford the Planning Board time to complete their review of the Special Permit Petition scheduled for hearing on September 6, 2011. Therefore, the Petitioner requests a continuance to the next meeting of the City Council on September 20, 2011.

 

Please feel free to contact the undersigned should you have any questions or require any additional information regarding the above. Again, I thank you for your consideration and respect in this matter,

 

Very truly yours, s/Shaun W. Briere

 

Motion made and 2nd that the communication be accepted and made part of the record, 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 SEPTEMBER 20, 2011 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

 

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On the petition by Oliver Enterprises, 278 Salem Street, Woburn, Massachusetts 01801 for a Special Permit pursuant to the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. To allow for the alteration of the existing non-conforming use and structure (single family home) to provide for an addition to the existing structure to allow for the Petitioner’s landscaping business pursuant to Section 7.3, and 2. To allow for the overnight parking of commercial vehicles pursuant to Section 5.1.57b, at 5 Hancock Street. PUBLIC HEARING OPENED. A communication dated August 4, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re:  Oliver Enterprises – 5 Hancock St. – To allow for the alteration of the existing single family home and to allow a landscaping business and the overnight parking of commercial vehicles pursuant to Sections 7.3 and 5.1.57b

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on August 2, 2011, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Oliver Enterprises, regarding the property at 5 Hancock Street subject to the following conditions:

 

  1. That prior to issuance of a building permit, the soil logs, chamber calculations and leaching basin details stamped by a registered professional engineer shall be submitted to the Engineering Department;
  2. That prior to issuance of a building permit a certification shall be provided by a registered architect in accordance with Section 3.2.1 of the zoning ordinance; and
  3. The Plans of Record shall be Sheets L1, L2, and L4 dated 7/25/2011 and Sheet L3 dated 3/18/2011 revised July 25, 2011entitled Oliver Enterprises Corp., Proposed Extension and Renovation to Existing Dwelling, 5 Hancock Street Woburn, MA 01801 designed by Eli Semaan.

 

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 August 2, 2011 from Brett F. Gonsalves, Senior Engineer, Woburn Engineering Department to Edmund Tarallo, Planning Director was received as follows:

 

Subject: 5 Hancock Street Special Permit – Plans Dated July 25, 2011 – Drainage Calculations Dated July 29, 2011 – Previous Memo Dated April 25, 2011

 

The applicants engineer has submitted drainage calculations as per our request. The calculations demonstrate that the site runoff will be mitigated by a series of underground infiltration chambers.

 

Prior to issuance of a building permit, the soil logs, chamber calculations and leaching basin details should be stamped by a registered professional engineer and submitted to this office.

 

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

 

A communication dated August 4, 2011 with attachment was received from Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re:  Special Permit Petition of Oliver Enterprises, 5 Hancock Street, Woburn,

Massachusetts

 

Dear Mr. Campbell:

 

Enclosed please find 10 copies of the revised site plan. Please note that the revised site plan was reviewed by the City Engineer prior to the issuance of his Memorandum to the Planning Board dated August 2, 2011.

 

In addition, the revised site plan was reviewed by the Planning Board prior to the issuance of its favorable recommendation to the City Council.

 

If you have any questions, please contact me. Thank you.

 

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

 

A report was received from the Committee on Special Permits as follows: “ought to pass with the conditions as follows: 1. That the Planning Board recommendations be adopted as conditions of the special permit, 2. That a commercial water meter be installed at the locus, 3. That the number of vehicles shall be limited to six (6), and 4. That the property be taxed as commercial property.” Appearing for the petitioner was Attorney Joseph Tarby and he stated that the Committee on Special Permits gave the matter a favorable recommendation, that he asks that the committee report be adopted, that the last revision date of the plan of record was 7/25/2011, and that the petitioner consents to the condition that all of the vehicles be registered in Woburn. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he is in favor of the petition, and that the petitioner has been operating in Woburn for a number of years. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That the recommendations of the Planning Board be adopted as conditions of the special permit, 2. That the committee report be adopted as further amended, and that Condition #3 of the committee report be amended to read “That the number of vehicles shall be limited to six (6) and that the vehicles shall be registered in Woburn,” all in favor, 9-0.

 

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On the Remand pursuant to an Order of the Middlesex Superior Court in the Matter of

New Boston Street Associates, LLC v. The City of Woburn, et. al., found at Civil Action

No. 11-1776, concerning the petition by Pacific Packaging Products, Inc., 24 Industrial

Parkway, Woburn, Massachusetts 01801 for a special permit pursuant to the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. To allow for a warehouse and distribution center pursuant to Section 5.1.42, and 2. To allow for the overnight parking of commercial vehicles pursuant to Section 5.1.57b, at 331 New Boston Street. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits as follows: “ought to pass with the plan dated 3/29/11 revised 6/14/11 as the plan of record.” Appearing for the petitioner was Attorney Kathleen E. Connolly, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and she stated that this matter was remanded by agreement of the parties under a court order to address the stated concerns of the abutters, that the latest revision of the site plan dated August 4, 2011 addresses all of the concerns of the abutters, that she requests the plan be accepted as part of the record, and that reference to the plan be made a condition of the special permit. Attorney Connolly offered a document entitled “Proposed Decision” to the City Council for review. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. Attorney Connolly offered a full size and a reduced size copy of a plan entitled “Site Plan Showing Existing Conditions, 331 New Boston Street, Woburn, Mass.” dated March 29, 2011, rev. June 14, 2011, rev. August 4, 2011 prepared by Andover Consultants Inc. to the City Council to be made part of the record. Motion made and 2nd that the plan be received and made part of the record, all in favor, 9-0. William Macleod, President, Andover Consultants Inc., 1 East River Place, Methuen,

Massachusetts 01844 stated that the parking spaces will not hinder access to the building to the rear, that no parking spaces are located in the minimum front yard setback, that the parking spaces may have been located there for twenty-five years but will no longer be in the setback if they ever were, that the plan complies with the parking space requirements, that a number of spaces are set out to meet the zoning requirements but may not actually be used, and that the petitioner will have twelve employees at the locus. Attorney Connolly asks that the City Council vote for the parking spaces as numbered on the proposed plan, and that it was not certain whether a special permit was required for the locus but an application was filed to eliminate any uncertainty. Mark Vaughan, Riemer and Braunstein LP, 7 New England Executive Park, Burlington, Massachusetts 01803 stated that he represents New Boston Street Associates, LLC, that he did not represent the company at the first hearing on the original petition or when the appeal was filed, that he has been asked to look at zoning aspects of the proposal and the conflict on his clients business, that the revised plan was not presented to his client as part of the remand order, that the court has retained jurisdiction if the parties cannot resolve the issue, that the parties did not agree on a plan a part of the remand decision, that placing the parking in the back renders the rear loading docks unusable, that this places the loading docks to the front which are prohibited under the zoning code, that the zoning code prohibits a loading dock facing a public street, that his client wants to know the impact on his business if the rear loading docks cannot be used, that his client has not had any interest in purchasing the petitioner’s property and did not make an offer to purchase the property, that his client is concerned with the impact of these changes on his tenants, that if loading takes place at the front of the building and a tractor trailer has to make a three point turn to back into the loading dock this may impact traffic on New Boston Street, that his client does not oppose the plan but would like the plan to be reviewed by the Planning Board and the zoning compliance officer in the Building Department, that although this is not always the process in remand cases before the City Council this matter calls for that type of review, that his client did not see the plan with a revision date of August 4, 2011 until tonight, that continuing the matter to allow time to review the new plan may be appropriate, and that the loading docks are on the dead end of New Boston Street. Alderman Gately stated that the property was the location of Tabby Cat Food in the past, that the loading docks have been there for sixty years even when the bridge was open, that those loading docks have not been used for forty or fifty years, and that the Planning Board indicated that they did not need to review this matter as it did not involve a nonconformity. Jeffrey Sheehy, principal New Boston Street Associates, LLC stated that the loading docks face the rear, and that he has twenty tenants. Attorney Vaughan stated that the City Clerk stated the plan was not circulated to other departments based on past practice with respect to remand matters, and that his client wants to make certain that these changes do not require a recirculation of traffic that could be impacted by front loading docks. Alderman Anderson stated that the issue with the previous plan was parking on the right of way, that the revised plan takes the parking out of the right of way, and that he wants to know if this amendment alleviates the concern of New Boston Street Associates, LLC. Attorney Vaughan stated that he has not had time to review the plan as it was just received tonight, and that if the parking is removed from the right of way it would appear to alleviate that concern. Alderman DiTucci stated that the petitioner has taken efforts to address the concerns of the abutter, that the petitioner has given was the abutter asked for, and that the matter should be allowed to move forward. Alderman Raymond stated that the original petition passed with conditions from the Planning Board, that an abutter filed a timely appeal, that the one objection in the appeal was that cars would be parked in the right of way, that he has visited the property, that the objections last night at the committee meeting and tonight at this hearing should have been raised during the original public hearing, and that these objections should not be coming out at this time. IN FAVOR: Attorney Robert Najarian, One Federal Drive, Braintree, Massachusetts 02184 stated that he represents the current owner of 331 New

Boston Street, that the lot was originally subdivided as 331A New Boston Street and 331B New Boston Street, that the locus was originally used as one building, that the rear loading dock has not been used since 2002, and that all loading has been at the front for the last nine years. OPPOSED: Mr. Sheehy stated that his family bought the entire property in 1979, that this building was constructed in 1972, that since 1979 the subject property has been used with one-half of the loading in the front and one-half of the loading in the back, that this is the first that he has heard that all of the loading was in the front, that he was advised that staking has been done for the bridge and that he was told the new bridge will be constructed within the next twelve months, that the new bridge will dramatically change the traffic, that the bridge has been out since 1978 and the traffic has been since his family purchased the property in 1979, that there will be five tractor trailer trucks and one loading dock, that he is not sure how this will be accommodated, and that this will push the tractor trailer into the city street. Alderman Denaro asked the parties if they had any addition comments before the public hearing was closed. Mr. Macleod stated that at the rear of the building there are two loading docks, that one dock is in the right of way and goes to Mr. Sheehy’s building, that the right of way to the loading dock is not encumbered at all, that the petitioner did not state that only one loading dock will be used but that only one loading dock was required, that there are four loading docks set back sufficiently from New Boston Street, that there is still a forty-five foot depth even if the vehicles parked at the rear which is unlikely, and that the loading docks will still be useable. Attorney Vaughan stated that he asks the matter be continue to provide and opportunity to review the revised plan. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2nd that the previous decision be amended by accepting as plan of record the plan entitled “Site Plan Showing Existing Conditions, 331 New Boston Street, Woburn, Mass.” dated

March 29, 2011, rev. June 14, 2011, rev. August 4, 2011 prepared by Andover

Consultants Inc., all in favor, 9-0. Motion made and 2nd that the previous decision be amended by adding condition 6 which shall read “6. That the plan of record shall be the plan entitled ‘Site Plan Showing Existing Conditions, 331 New Boston Street, Woburn, Mass.’ dated March 29, 2011, rev. June 14, 2011, rev. August 4, 2011 prepared by Andover Consultants Inc.”, all in favor, 9-0. Motion made and 2nd that the previous decision be amended by adding a new Condition 6 providing that the plan of record shall be the plan entitled “Site Plan Showing Existing Conditions, 331 New Boston Street, Woburn, Mass.” dated March 29, 2011, rev. June 14, 2011, rev. August 4, 2011 prepared by Andover Consultants Inc., and that the City Council makes the following findings: 1. The applicant presented evidence of adequacy of the capacity of water, sewerage and drainage facilities to service the proposed use is sufficient, 2. The applicant provided evidence of adequate satisfactory provision of refuse collection, disposal and service areas, with particular reference to impacts on adjacent uses has been provided, 3. The applicant provided evidence of adequate exterior lighting with reference to glare, traffic safety, and compatibility and harmony with properties in the district has been provided, 4. The applicant provided evidence that yards and other open space and landscaping were provided as required and reasonable steps have been taken to insure the privacy of adjacent existing uses, 5. The matter was before the City Council as a result of a remand order from the Middlesex Superior Court, 6. The new plan eliminates interference with the abutter’s right of way, 7. The placing of parking spaces to the rear of the building will not interfere with the use of the rear loading dock in view of the anticipated amount of parking needs of the applicant and the infrequent used of the rear loading docks, all in favor, 9-0.

 

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On the petition by Amerco Real Estate Company, Inc., 2727 North Central Avenue, Phoenix, Arizona 85004 for three special permits pursuant to the 1985 Woburn Zoning Ordinances, as amended, to convert an existing property into a U-Haul Center as follows:

1. Pursuant to Section 5.1.42a self-storage warehouse facility, 2. Pursuant to Section

5.1.45 rental of U-Haul equipment, autos, trucks and trailers, and 3. Pursuant to Section

5.1.57b storage and parking of motor vehicles, all at 31 Olympia Avenue. PUBLIC HEARING OPENED. A communication dated June 30, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Amerco Real Estate Company, Inc. – 31 Olympia Ave. – To allow for the occupancy of the existing building as a U-Haul Center including use and occupancy as a selfstorage warehouse facility; the rental of U-Haul equipment, autos, trucks, and trailers; and the storage or parking of motor vehicles pursuant to Sections 5.1.42a, 5.1.45, and 5.1.57b.

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on June 28, 2011, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Amerco Real Estate Company, Inc., regarding the property at 31 Olympia Ave. for the occupancy of the existing building as a U-Haul Center including use and occupancy as a self-storage warehouse facility; the rental of U-Haul equipment, autos, trucks, and

trailers; and the storage or parking of motor vehicles pursuant to Sections 5.1.42a, 5.1.45, and 5.1.57b. subject to the following conditions:

 

  1. That the following plans approved by the Fire Chief shall be incorporated as the plans of record: SP1- SITE PLAN dated 5/31/11 amended 6/6/11 and 6//21/11; LS1- LIFE SAFETY AND EXITING PLAN dated 5/31/11; A1- FLOORPLANS dated 5/31/11;

FP1.1- 1ST FLOOR NORTH PLAN drawing date 6/5/11; FP1.2- 1          ST FLOOR SOUTH PLAN drawing date 6/5/11; FP2.1- 2ND FLOOR NORTH PLAN drawing date 6/5/11; FP2.2- 2ND FLOOR SOUTH PLAN drawing date 6/5/11; FP3.0- DETAILS drawing date 6/5/11; FP4.0- SECTIONS drawing date 6/5/11; FP5.0- FIRE PUMP DETAILS; FP0.1- FIRE PROTECTION DESIGN CRITERIA NOTES no date

  1. That the U-Boxes shall be limited to 816;
  2. That the proposed room mix shall be limited to 802 as shown on Table of Sheet A-1 Floor Plans dated 4/8/11;
  3. Exterior storage of U-Haul Rental Equipment shall be limited to no more than 90 pieces of rental equipment to be stored as depicted on SP1- SITE PLAN dated 5/31/11 amended 6/6/11 and 6//21/11 between the Fire Lane and the existing wooded area on the eastern side of the lot and/or in the spaces located along the rear of the building within the gated area;
  4. The hours of operation shall be limited to Monday through Thursday 7AM to 7 PM; Friday and Saturday 7AM to 8 PM and Sunday 9 AM to 5 PM;
  5. That the area designated as future tenant space on A1- FLOOR PLANS dated 5/31/11 will require a modification to this Special Permit prior to occupancy to be utilized; and
  6. The Planning Board shall review and approve a landscaping plan and shall retain jurisdiction over the landscaping.

 

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 report was received from the Committee on Special Permits as follows: “back for action with the following recommended conditions: 1. That the Planning Board recommendations be adopted as conditions of the special permit, 2. That the petitioner pay mitigation in the sum of three percent (3%) on the $2,700,000.00 estimated costs, and 3. That additional parking of record not be used for retail.” Appearing for the petitioner was David Pollock, Owner Rep/Client for U-Haul International/AMERCO Real Estate Company and he stated that the petitioner would like to and can expand its business during these difficult economic times, that the business has been operating since 11945, that the petitioner wants to become a member of the community, that the petitioner agrees to eliminate the 24 hour access, that the petitioner will not allow a future retail use at the property, that the petitioner will pay the user mitigation fees, that the petitioner listened to the concerns of the neighbors, that he asks that Planning Board condition #4 be revised from 90 vehicles to 75 vehicles, that after the Committee on Special Permits meeting last night he did not believe that the petitioner could continue with the petition, that after discussions with his corporate office today it was decided to move forward with the petition, that this is not a large facility for U-Haul, that the hours of operation restriction is acceptable, that mitigation improvements will be roadway improvements in the area, that the limit of 75 vehicles is acceptable as the petitioner sees this as a good location for the business, that the proposal will not lead to increased traffic, that he requests a vote as the petitioner wants to move forward with the project or move on from the location, and that the petitioner is operating in 50 cities in Massachusetts. Alderman Gately stated that the issues of concern of the City Council have been addressed, and that the concerns of the neighbors have been addressed. Alderman Mercer-Bruen stated that she spoke to the petitioner this morning about reducing the number of vehicles, that 75 vehicles is a compromise between the 90 that the petitioner wants and the 60 that city prefers, that the special permit is a contract with the city, that if the petitioner violates the special permit then the city can revoke the special permit, that additional conditions will include restrictions on the hours of operation including vehicle drop-off and pick-up, the elimination of the retail space, and the non-transferability of the special permit, that the snow removal plan is on file, that she had reservations with the project, that she spoke to the neighbors and there is the sense that this will be a benign use, that the committee took cues from the neighbors’ concerns relative to traffic and hours, that she understands that some want this area to be rezoned from the IP zoning district to the BI zoning district, that she will not support that change, that if the petitioner is not approved there should be a discussion as to what should be done with the area, that she knows that there are some opinions as to what should be done with the area which may be more than the area can handle, that the City Council should vote on the merits of this petition, and that inexperienced drivers renting vehicles from the facility was not an issue that she considered until public comments received during this meeting particularly with the traffic in this area. Alderman Drapeau stated that he would like the city to project a better image than as a U-Haul depot, that this is a respectable company and accommodating to its customers, and that he wants to hear how this use would be better for the location than other uses. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that this is a large building, that a mattress company operated from the building and then Charette, that this was the largest building in that area until the Woburn Mall was built, that he would like to see the number of vehicles reduced from 90 to 50 until the petitioner proves itself, that there are still residential properties in that area, that U-Haul used to be housed in small number at local gasoline stations, that this facility has a large number of trucks, that the traffic in that area is difficult, that this is a large complex and a large entity, that the City Council should think over the numbers relative to this project, and that the Sunday hours of operation should be eliminated. Gar Morse stated that he is an officer of Quincy Woburn LLC the owner of the property, that they would be a neighbor of the U-Haul business if the permit is granted, that they studied the petition and other U-Haul facilities, that their conclusion is that traffic from the current tenant Pitman and formerly from Charette is greater than the traffic that the U-Haul facility will generate, that the Pitman lease is expiring and the tenant will vacate the building, and that he supports the petition as it encourages economic vitality in the area. OPPOSED: Russ Richardson, 184 Mishawum Road stated that the city is letting in more commercial vehicles than other communities, that the vehicles will be using Washington Street and Mishawum Road, that the Washington Street traffic lights back traffic up on Olympia Avenue, and that there is a day care center in that area and he is concerned with the affect of vehicle fumes with the backed up traffic. Paul Medeiros, 9 Marietta Street stated that this petition is no different than a trucking terminal, that the use is not compatible with the residences nearby or with the businesses in the area, that this is prime property and the city should not be known as a storage community, that there are already six U-Haul storage pods stored on the site of a storage facility across Olympia Avenue from his home, that the petitioner has not been honest during the whole process and should not be taken for its word relative to the promises the representative made at this meeting, and that he asks that the petition be denied. Mr. Medeiros offered photographs to the City Council for review. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. Dante Boyer stated that he resides at and owns 7 Olympia Avenue, that he opposes the petition due to traffic concerns, that the traffic may be comparable to the traffic generated by the Charette facility but these will be inexperienced drivers renting vehicles, that Sunday hours are a concern, that Saturday and Sunday are quiet in the area, that the roadway condition is poor and will be degraded by further truck traffic, and that sometimes the traffic control signal at Washington Street does not work on weekends and will not change to allow traffic from Olympia Avenue for up to fifteen minutes. Lori Medeiros, 9 Marietta Street stated that she does not buy that what were deal breaking conditions requested by the city are now acceptable to the petitioner, that the hours of operation of Monday through Friday between 7:00 a.m. and 6:00 p.m. are not a concern but Saturday and Sunday hours of operation should not be allowed, and that she thought the proposal should be downsized but now she believes that the petition should be denied. Motion made and 2nd to close the public hearing, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2nd that the following conditions be added to the special permit: 1. That the Planning Board and Committee on Special Permit recommendations be adopted as conditions of the special permit as further amended herein, 2. That Planning Board recommendations 1 through 3 be adopted as conditions of the special permit, 3. That Planning Board recommendation 4 shall be amended to read “Exterior storage of U-Haul Rental Equipment shall be limited to no more than 75 pieces of rental equipment to be stored as depicted on SP1- SITE PLAN dated 5/31/11 amended 6/6/11 and 6//21/11 between the Fire Lane and the existing wooded area on the eastern side of the lot and/or in the spaces located along the rear of the building within the gated area,” 4. That Planning Board recommendation 5 shall be amended to read “The hours of operation, including building access and vehicle pick-up and drop-off, shall be limited to Monday through Thursday 7AM to 7 PM; Friday and Saturday 7AM to 8 PM and Sunday 9 AM to 5 PM,” 5. That Planning Board recommendation 6 shall be amended to read “That the area designated as ‘future tenant space’ on A1- FLOOR PLANS dated 5/31/11 will require a new special permit and shall not be used as retail space,” 6. That Planning Board recommendation 7 shall be adopted as a condition of the special permit, 7. That

Condition 8 shall read “That the petitioner shall work in collaboration with the City Engineer regarding the mitigation and a joint review of Development Impact Statements with the estimated costs of construction according to the petitioner being $2,700,000.00, 8. That the special permit shall be issued to Amerco Real Estate Company, Inc. dba UHaul and shall not be transferable, and 9. That a snow removal plan is on file with the

City Clerk, 8 in favor, 1 opposed (Denaro opposed). Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, 6 in favor, 3 opposed (Anderson, Drapeau, Denaro opposed).

 

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On the petition by Woburn 38 Development LLC, 1621 State Street, New Haven,

Connecticut for a special permit pursuant to Section 5.5 of the 1985 Woburn Zoning Ordinances, as amended to allow for the removal of loam, soil, clay, sand, borrow, gravel, stone or any other earth product, earth constituent or earth material from 1042 Main Street, 0 Briarwood Drive and 7 Driftwood Drive. PUBLIC HEARING OPENED.    A communication dated August 8, 2011 was received from Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Petition of Woburn 38 Development LLC, 1042 Main Street and 0 Briarwood Road, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter presently scheduled for August 9, 2011 be continued to the City Council meeting on September 20, 2011. If you need any further information, please contact me. Thank you.

 

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

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 20, 2011 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

 

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On the petition by Alderman Anderson concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 30 Union Street, Woburn, Massachusetts, for the purposes of determining whether said structure or structures are a public nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or other structure, as said terms are used in

Massachusetts General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation. PUBLIC HEARING OPENED. A communication dated August 9, 2011 with attachments was received from Building Inspector Thomas Quinn as follows:

 

Re: 30 Union Street

 

With regard to the above referenced property, attached you will find copies of pictures from various dates to show the condition of the property and also a letter from Attorney Steven Smoot dated August 7, 2011 with an update on the proceedings he is taking on behalf of the mortgagee Somerville Municipal Credit Union.

 

The Inspectional Services Department has tried to contact the listed owner Ronald D. Gilblair Jr. by certified mail over the last few months to try and resolve the current conditions of the property, to which there has been no response.

 

As of this time the property is in a condition that does warrant action, but I am hopeful based on the conversation with Attorney Smoot on August 5, 2011 that his designated property management person Robert Hernon of 22 Cranes Court, Woburn, MA will ensure that the property will be secured, cleaned up and monitored until such time the Mortgagee Somerville Municipal Credit Union sells the property at public auction.

 

In closing the Inspectional Services Department will be monitoring this matter and will provide updates periodically until the matter is resolved, as always do not hesitate to contact me with any questions or concerns relative to this matter.

 

Alderman Anderson stated that this is a troubled property, that he spoke to the attorney for the mortgagee bank, that an auction sale is scheduled in a couple of weeks, and that the matter should be continued. IN FAVOR: Attorney Steven F. Smoot, 101 Arch Street, 9th Floor, Boston, Massachusetts 02110 stated that he represents the mortgagee

Somerville Municipal Federal Credit Union, that he received a letter from the Building Commissioner concerning the matter, that there are a number of vehicles on the property including a stolen vehicle that has been on the property for five years according to neighbors, that there is a return date on a notice of August 15, 2011, that they have not been able to locate the owner Ronald Gilblair although records indicate that this is his last known address, that the mailman stated that mail has not been delivered to the property for about a year, that Somerville MFCU was assigned the mortgage recently, that they are attending to concerns of the City Council and the Building Commissioner regarding the property, and that action on the sale is dependent upon the Land Court which is somewhat backlogged at this time. Alderman Anderson stated that Attorney Smoot has been helpful during this process and has registered the vacant property with the Building Department as required by the Municipal Code. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 4, 2011, all in favor 9-0.

 

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On the petition by FJ Catalano Ent. Inc., 188 Ayer Road, Harvard, Massachusetts 01451 for a special permit pursuant to Sections 5.1.23, 5.1.29, 5.1.63a, 7.3, 8.3 and 8.5 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the alteration of the existing nonconforming use and structure to relocate the existing Dunkin Donuts Store to the left side of the building, add a Drive-up Customer Service Facility, allow for 51 parking spaces and parking on a lot separate from 880 Main Street, all at 880 Main Street.

PUBLIC HEARING OPENED. A communication dated August 4, 2011 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re:   FJ Catalano Ent. Inc. – 880 Main Street – To allow for the alteration of the existing nonconforming use and structure to relocate the existing Dunkin Donuts to the left side of the building, add a drive-up customer service facility, allow for 51 parking

spaces and parking on a lot separate from 880 Main St. pursuant to Sections 5.1.23,

5.1.29, 5.1.63a, 7.3, 8.3, and 8.5

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on August 2, 2011, the Planning Board voted to send an unfavorable recommendation to the City Council on the Special Permit application of FJ Catalano Ent. Inc., regarding the property at 880 Main Street for the following reasons:

 

  1. That the drive-up customer service facility does not meet the standards and the required findings in Section 11.6.10 of the Zoning Ordinance;
  2. That the request for parking on a lot separate from 880 Main Street is not allowed in an R-2 zoning district under Section 8.3 of the Zoning Ordinance; and
  3. That the parking is not adequate to meet the needs of this proposal in accordance with Section 8 of the 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, Planning Director

 

A copy of a communication dated August 1, 2011 from Brett F. Gonsalves, Senior Engineer, Woburn Engineering Department to Edmund Tarallo, Planning Director was received as follows:

 

Subject: 880 Main Street – Dunkin Donuts Special Permit – Plans Dated June 2011 Traffic Impact Study Dated June 2011

                                     

The applicant has submitted plans for a proposed drive thru at the above reference d location. Accompanying the plans is a traffic impact study which outlines the traffic patterns associated with the proposed use. Upon review of the subject materials, this office offers the following comments.

 

The applicant has proposed moving the location of the existing Dunkin Donuts from the right side to the left within the existing building and removing a portion of the left side of the existing building to facilitate a drive through.

 

Sheet C3 shows the proposed layout along with the changes in parking. There are five parking spaces that are at the northerly portion of the building near the entrance to the drive thru lane; at the closest point it appears that there will be only 15 feet from the edge of the painted parking space and the property line.  The applicant should verify that there be sufficient room for vehicle maneuvering in this area?

 

There are several businesses that are located in the rear of the existing building. The proposed design shows that there will be guard rail that will separate the drive thru and exit lane from the entrance and exit for the businesses.

 

It would appear with the current design that the traffic could choose to navigate either side of the guard rail to exit the site. Is that the intent? If not, sinage should be erected directing traffic to a specific area to eliminate confusion and any impacts to the businesses in the rear of the building.

 

There are several areas where the existing parking encroaches onto the abutting property. The spaces at the rear of the property, according to note 5 are within an access/parking easement. There are several spaces on the south easterly portion of the property near the exit of the site that encroach onto the abutting property. How does the applicant propose to correct this encroachment?

 

The parking summary outlines the required and provided parking spaces based on the use. The table states that they are providing 51 parking spaces on the site, 38 are needed for the restraint/fast food portion on the building. This leaves only 13 spaces for the retail component, which according to the table needs 53 spaces. How does the applicant proposed to handle the deficient number of parking spaces for the site?

 

The submitted traffic impact study has analyzed the existing conditions as well as the 2016 build and no build scenarios.

 

The report indicated that will be a slight increase for the 2016 build due to the site redevelopment and that the level. The report also states that the level of service for the build and no build scenarios for the signalized intersection at Main Street and School Street as well as the un-signalized intersection at Elm Street and the site driveway will not change.

 

The applicant has indicated to this office that there are activity and use limitations on the site due to soil contamination. This would make bringing the site up to current stormwater requirement difficult. The applicant has proposed installing hoods on the catch basins and noting inspections and sweeping of paved areas and inspection and cleaning of the deep sump catch basins.

 

This office takes no exception to the proposed improvements to the onsite drainage.

 

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

 

A communication dated July 25, 2011 with attachment was received from Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of FJ Catalano Ent., Inc., 880 Main Street, Woburn,

Massachusetts

 

Dear Mr. Campbell:

 

Enclosed please find ten (10) copies of a Revised Site Plan relative to the abovereferenced Petition. Please note that the revisions to the site plan include a number of revisions resulting from input from both Alderman Raymond and City Engineer Jay Corey as well as from a recent neighborhood meeting. Those revisions include exit only signs at the site exit, a “pass through” travel lane adjacent to the drive-thru lane to allow for complete access around the building, additional plantings, gaps in the guard rail to allow employees that park to the rear of the site easier access to the entrance doors to the rear of the building, additional striping on the pavement indicating where the drive-thru lane begins, and dedicated left turn and right turn only lanes at the site exit.

 

Please note that I have delivered eight (8) copies of the plan to the Planning Director as well as a copy to the City Engineer. Please let me know if you need any additional copies of the plan as I will provide them to you. Thank you.

 

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

 

Appearing for the petitioner was and he stated that Attorney Joseph R. Tarby and he stated that the petitioner requests that the special permit with respect to Section 8.3 to allow parking on a lot separate from 880 Main Street be withdrawn as it was inserted in error and has been withdrawn before the Planning Board, that the locus is located in the B-H zoning district, that the drive-up use is allowed by special permit, that the locus is nonconforming because a shopping center is not allowed in the B-H zoning district, the parking in existence since the 1930s is in the R-2 zoning district and within the setback and the hours of operation of the Dunkin Donuts restaurant exceeds the hours allowed under the zoning ordinances, that the current locus houses a nail salon, a Dunkin Donuts restaurant, a fast food restaurant, a vacant retail space, a vacant auto repair shop, a business service use and an embroidery shop, that the petitioner will relocate the Dunkin Donuts restaurant from the right side of the building to the left side of the building with a customer service area, that there are fifty-five parking spaces, that some areas of current uses will be taken over for the new Dunkin Donuts restaurant, that the gross floor area of the building will be reduced by 12%, that the zoning ordinances require space to stack eight vehicles before the order board and the proposal provides eight stacking spaces before the order board, the zoning ordinances require space to stack four vehicles between the order board and the transaction window and the proposal provides five stacking spaces between the order board and the transaction window, that the Roast Beef Round-Up restaurant is closing and the nail salon is relocating to another location not at the locus, that there are currently approximately nine businesses operating from the locus and after completion of the project six businesses will be operating from the locus, that there are currently sixty parking spaces, that by removing 12% of the building and eliminating the fast food restaurant there will be fifty-one parking spaces and thirty-eight parking spaces are required, that the hours of operation are currently 4:00 a.m. to 10:00

p.m. that the drive-thru window would operate from 5:00 a.m. to 10:00 p.m. Monday through Friday, 6:00 a.m. to 10:00 p.m. Saturday, and 7:00 a.m. to 9:00 p.m. Sunday, that his client has concerns with limiting the menu items that can be served at the drive-up window, and that the matter can be sent to committee to discuss conditions. Attorney Tarby offered a petition signed by approximately 450 of the petitioner’s customers for review by the City Council. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. Nick Pauling, Goldman, Prest & Ringwall, Inc., stated that eighteen feet of the building on the left will be removed to create an eighteen foot bypass and drive-thru lane and that this will be the only construction on site, that vehicles will access the locus from the northerly driveway and exit at the southerly drive, that there will be a left turn lane and a right turn lane at the southerly driveway, that the petitioner will restripe the existing parking spaces at the rear of the property on an angle to encourage vehicles to travel in the correct direction around the property, that there will be one-way counterclockwise vehicle circulation on the property, that landscaped areas will be established, that guardrails will be erected along the drive-thru lane creating a visual barrier for the lane, that there are existing drainage catch basins and leaching, that the project proposes to clean the catch basins and have hoods installed to facilitate drainage, that the drive-thru lane is twelve feet wide, that there will be room for a snowplow to pass at the rear of the property, that the plans were revised on July 21, 2011, that the plan of record will be the plan dated July 25, 2011, that there will be two pole lights in the rear of the locus that will be shielded to direct light to the drive-thru, that the order board will be lighted, that the nearest house to the order board is 150 feet away, and that the garage is used by an embroidery company. Mr. Pauling offered a reduced copy of the site plan for reference to the City Council. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. Brian Beisel, Conley Associates stated that in June 2011 a traffic study was conducted, that traffic counts were taken on Friday, Saturday, Sunday, Monday, Tuesday and Wednesday, that during peak hours the traffic volume is the highest, that the nearby church use does not impact traffic volumes anywhere near the Saturday and Sunday peak hours, that there are 120 morning peak hour customers and the level tapers offer the rest of the day, that a fast food use without a drive-thru which converts to a fast food use with a drive-thru experiences an increase of traffic of approximately 12%, that their data shows a potential increase of 22%, that they have used an increase of 32% for the proposed use, that approximately 60% of customers will use the drive-thru, their calculations indicate 96 drive-thru customers during peak hours, that the company standard is to clear a drive-thru customer within 150 seconds from the order board, and that the drive-thru queue is long enough for the site. Chris Sargent stated that he is Director of Operations for the petitioner, that the company has accumulated a lot of data for drive-thru facilities, that their goal is to get customers in and out of the facility quickly, that the 150 second customer turnaround is the corporate standard based on data, that they do not intend to have vehicles queued out to the street or even to have to use the whole eight car queue line, that ADA customers and mothers with children want to benefit from the complete menu service at the drive-thru, that he can provide data to support their calculations at the committee meeting, that the Dunkin Donuts restaurant on Winn Street in Burlington has a three car stack queue between the order board and the transaction window, that the proposed Dunkin Donuts restaurant drive-thru at the locus will have a five car stack queue which is critical, and that over the last three years there have been improved methods of food preparation that has decreased the time of service. Alderman Gately stated that the City Council will need a copy of the revised plan dated July 21, 2011 as the plan submitted with the application is dated June 2011, that the Dunkin Donuts restaurant drive-thru on Main Street in the south end of Woburn works because of the elimination of sandwiches from the drive-up menu, and that there cannot be issues with vehicle queuing due to sandwiches being served at the drive-thru window. Alderman Raymond stated that he would like to see an additional rendering of what the building will look like when completed to compare with the current building, that the current building is likely fifty to sixty years old, that the proposed changes should be an improvement for the neighboring properties, that he will request a condition that the special permit be nontransferable, that he wants the opening to be no earlier than 6:00 a.m., that he wants coffee and donuts only served from the drive-thru window, that he does not want other menu items such as sandwiches served from the window to keep the flow moving, that the date of the plan of record should be a condition of the special permit, that the Planning Board will be asked to approve the landscaping plan and to retain jurisdiction of the landscaping, that he does not want the facility to cause vehicle back-up, that the Dunkin Donuts restaurant on Winn Street in Burlington has vehicles backed up to the street and has five time the space as the petitioner’s locus, and that it will be a disaster if traffic backs up from the locus onto Main Street. IN

FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that the drive-thru improvements will enhance the rear of the building, that the building is in good shape but needs some upgrades, that this proposal will work, and that the owner wants to make service convenient for the public. A communication dated August 8, 2011 was received from Carla Beaudoin, Executive Director, Boys & Girls Club of Woburn, Charles Gardner Lane, Woburn in support of the

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

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

SEPTEMBER 6, 2011 AND THAT THE MATTER BE REFERRED TO THE

COMMITTEE ON SPECIAL PERMITS, all in favor 9-0. Motion made and 2nd that the petitioner be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE WITH RESPECT TO THE REQUEST PURSUANT TO SECTION 8.3 OF THE 1985 WOBURN ZONING ORDINANCES, AS AMENDED, TO ALLOW PARKING ON A LOT SEPARATE FROM 880 MAIN STREET, all in favor, 9-0.

_________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

COMMITTEE REPORTS:

 

FINANCE:

 

On the Order to appropriate the sum of $31,326.00 from Insurance Reimbursement Account to Elevator Maintenance Account, committee report was received “that the matter be given leave to withdraw.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

 

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On the Order to transfer the sum of $150,000.00 from BLS Receipts Account to Ambulance Maintenance Account and Ambulance Salaries Account, 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 11, 2011     s/Scott D. Galvin August 11, 2011

 

************************* POLICE AND LICENSES:

 

On the petition by Steven Alicandro dba SureRide for a new Taxi Cab License for one (1) vehicle, 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 11, 2011 and ten days having elapsed without same being approved, said License became effective without his signature on August 23, 2011.

 

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On the petition by ACT Leasing, Inc. to amend an existing Second Class Motor Vehicles Sales License by adding a condition “The holder of this license may sell or exchange used vehicles solely on a wholesale basis,” committee report was received “wholesale operation only.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 abstained (Mercer-Bruen abstained).

Presented to the Mayor August 11, 2011 and ten days having elapsed without same being approved, said License became effective without his signature on August 23, 2011.

 

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On the petition to transfer an existing Second Class Motor Vehicles Sales License from J.C. Auto Sales to Capelo’s Auto Service, Inc. dba J.C. Auto Sales and to remove the condition “no building on site,” committee report was received “approve transfer of license and approve removal of restriction ‘no building on site’ from license.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0. Presented to the Mayor August 11, 2011 and ten days having elapsed without same being approved, said License became effective without his signature on August 23, 2011.

 

************************* PERSONNEL:

 

On the appointment of Patricia A. Rossetti to the Woburn Handicapped and Disabled Citizens Commission, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 11, 2011     s/Scott D. Galvin August 11, 2011 _________________________

 

NEW PETITIONS:

 

Petition by Boston-Woburn Express Transportation, 89 View Street, North Revere,

Massachusetts 02151 for a new Common Carrier License for one (1) vehicle. 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 National Grid for a grant of right in a way to install approximately 120 feet of four (4) inch PL gas main and approximately fifty (50) feet of 1¼ inch PL gas service to serve 4 Fryeberg Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by ZRC Operations Company Inc. dba Qdoba Mexican Grill, 4865 Ward Road, Suite 500, Wheat Ridge, Colorado 80033 for a special permit to modify a special permit issued on September 16, 2008, which allowed for a fast food restaurant and building signage, as modified by a special permit issued on October 8, 2009, as modified by a special permit issued on June 29, 2010, pursuant to Section 5.1.29 of the 1985 Woburn Zoning Ordinances, as amended, to allow for outside patio seating at the Qdoba Mexican Grill at 300 Mishwaum Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Ava Donuts LLC, 293 Cambridge Road, Woburn, Massachusetts 01801 for a special permit to modify a special permit issued December 9, 2004, as modified by a special permit issued June 20, 2005, as modified by a special permit issued on August 10, 2006, pursuant to Sections 5.1.23, 5.1.29, 5.1.63a, 5.1.69, 7.3, 8.2.5, 8.6.3, 11, 13.5 and 15 of the 1985 Woburn Zoning Ordinances, as amended, to allow for modifications to the approved site plan as modified to include modifications to the existing landscaping, portions of the parking areas, alteration of the existing nonconforming pylon sign, a Drive-up Customer Service Facility, and to allow for 666 parking spaces, at 350 Cambridge Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by McDonald’s USA, LLC, c/o Bohler Engineering, 352 Turnpike Road, Southborough, Massachusetts 01772 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to construct a dining room addition at the front and vestibule additions on the side of the existing McDonald’s restaurant, including renovations to the building interior and exterior façade, at 333 Montvale 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 January 2011 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 2011: number of parking violations issued 877, number of violations paid 424, number of violations outstanding 326, amount collected and submitted to the Office of the Collector $31,772.60. There exists a backlog of 5,598 tickets for 1982 through 2010. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $7,400.00.

 

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 26, 2011 was received from Joanne Collins, Director, Woburn Council on Aging along with a copy of the Director’s Report and the minutes of the Council on Aging for the month of July. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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Copies of communications dated June 29, 2011 from His Honor the Mayor Scott D.

Galvin and Police Chief Richard Kelley to U.S. Senator Scott Brown and U.S. Senator John F. Kerry requesting consideration for naming the U.S. Post Office at 462 Washington Street in memory of Woburn Police Officer John Maguire and a copy of a release dated July 26, 2011 from the office of U.S. Congressman Edward J. Markey advising that legislation was filed by the city’s federal delegation for these purposes.

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

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS: 

 

A communication dated August 3, 2011 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, pursuant to M.G.L. chapter

115, sections 3 and 10, I hereby reappoint Lawrence Guiseppe, 2 Minchin Drive, as Veterans’ Agent, and Director of Veterans’ Services for a one-year term to expire on April 30, 2012.

 

Respectfully, s/Scott D. Galvin

 

Motion made and 2nd to suspend Rule 34 for the purposes of acting on the reappointment

of Lawrence Guiseppe as Veterans’ Agent and Director of Veterans’ Services, all in

favor, 9-0. Motion made and 2nd that the REAPPOINTMENT OF LAWRENCE

GUISEPPE AS VETERANS’ AGENT AND DIRECTOR OF VETERANS’ SERVICES

be APPROVED, all in favor, 9-0. Motion made and 2nd to restore Rule 34, all in favor, 90.

Presented to the Mayor: August 11, 2011     s/Scott D. Galvin August 11, 2011

 

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A communication dated August 8, 2011 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear Council President Denaro:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Richard Lynch, 3 Waltham Street, Woburn, to serve on the Woburn Golf and Ski Authority, with an expiration date of December 31, 2016; subject to confirmation by the City Council.

 

Respectfully, s/Scott D. Galvin

 

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

_________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     That pursuant to the 1989 Woburn Municipal Code, as amended, Title 3, Article I, Section 3-6, the Building Commissioner is hereby authorized to dispose of a three (3) Dell computer monitors, one (1) NEC computer monitor, one (1) LAN Bear desktop computer, one (1) Hewlett Packard H/P desktop computer, and two (2) Dell Dimension desktop computers, which the Building Commissioner has determined is of no value to the department and which no other department has expressed an interest in obtaining.

 

s/President Denaro

 

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

Presented to the Mayor August 11, 2011 and ten days having elapsed without same being approved, said Order became effective without his signature on August 23, 2011.

 

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ORDERED     Be it Ordained by the City Council of the City of Woburn that a new Section 2-196A “Equal Opportunity and Affirmative Action Policy” be added to Title 2, Article XXIX of the 1989 Woburn Municipal Code, as amended, as follows:

2-196A – Equal Opportunity and Affirmative Action Policy

The City of Woburn is an Equal Opportunity and Affirmative Action employer.

 

The City of Woburn values the culture and background of all people. Each and every individual will be considered and treated solely on the basis of qualification and performance of the job. The City of Woburn recognizes the right of individuals to work and advance based on merit, ability and potential. The City of Woburn will not tolerate discrimination on the basis of age, employment status, income, disability, educational background, gender, race, color, national origin, religion, sexual orientation or identity, citizenship or veteran status.

All levels of municipal government will make every effort to create a work environment that welcomes and includes everyone, that treats each resident, business, visitor and employee fairly and with dignity, and that challenges all employees to perform at their best.

The City’s workforce must strive to reflect the diversity of the City’s population. Therefore, as an equal employment opportunity employer, the City will actively recruit employees from all segments of Woburn’s labor force. The City of Woburn is committed to fostering and encouraging a workplace comprised of individuals of diverse backgrounds, races, genders, abilities, religious beliefs, sexual orientation and ages.

 

Non-discrimination and equal opportunity will be the policy of the City of Woburn. This policy applies to all personnel practices including employee recruitment, hiring, transfers, promotions, demotions, compensation, training, discipline as well as termination.

All City of Woburn employees are responsible for maintaining and enforcing the City’s policies on equal opportunity and affirmative action. The City of Woburn will actively seek the full participation and inclusion of all employees in understanding, upholding and promoting these policies.

 

s/President Denaro

 

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

_________________________

 

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.

_________________________

 

ORDERED     That the sum of $5,000.00 be and is hereby transferred as so stated from Senior Tax Work Off Acct #0154157-579920 $5,000.00 to Senior Center Van Acct #0154158-585190 – Purpose: Purchase of new van.

 

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

I hereby recommend the above: s/Joanne Collins, Director, Senior Center

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

 

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     Whereas a Temporary Occupancy Permit has been issued for the new Goodyear School,

 

Be It Ordered that the portable classrooms, the Temporary Drop-Off and the temporary drop-off fence at Fleming Field on Hudson Street be removed as previously agreed upon;

 

Be It Further Ordered that the park at Fleming Field be restored completely to its previous state, including:

 

  • Repair of original playground equipment
  • Removal of broken equipment (equipment brought from the Goodyear School)
  • Relocation of playground equipment to its original site
  • Return of the memorial benches to their original sites
  • Reseeding and regrading of the landscape
  • All construction debris must be removed
  • All excavations (footings, gravel surrounding the portables, etc.) must be filled and the areas loamed and reseeded
  • Remove the fence surrounding the drop-off and return it to its original location on the Hudson Street boundary
  • Any and all other repairs to bring the park back to its original condition

 

s/Alderman Gately

 

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

Presented to the Mayor August 11, 2011 and ten days having elapsed without same being approved, said Order became effective without his signature on August 23, 2011.

 

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Petition by James W. Dean for Dollar Tree Stores, 4 Railroad Avenue, Suite 301,

Wakefield, Massachusetts 01880 for a special permit pursuant to Sections 7.3 and 8.7.2.10 of the 1985 Woburn Zoning Ordinances, as amended, to extend a pre-existing non-conforming structure by replacing two existing loading docks with a single loading dock at 425 Washington Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

_________________________

 

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 9:40 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

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