City Council – 08/11/2015

Meeting Agenda

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

CITY OF WOBURN

AUGUST 11, 2015 – 6:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

                                                                 Haggerty

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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:  None.

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PUBLIC HEARINGS:  

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

13, Lot 01; Map 09, Block 12, Lot 02; Map 09, Block 12, Lot 01; Map 09, Block 11, Lot 02 and Map 09, Block 11, Lot 01; and further described as the entire parcel of land known as 98 and 100 Baldwin Avenue, to the centerlines of Chester Avenue, Dexter Avenue and Monks Street containing approximately 253,214 square feet of land as shown on a plan by Keenan Survey entitled “Proposed Rezoning Plan in Woburn, Massachusetts” dated October 17, 2014 from R-2/OP zoning district to R-3 zoning district. PUBLIC HEARING OPENED. A communication dated August 4, 2015 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

Re:  Petition of Amend Zoning Map/Oclen Realty LLC/Seaver Properties LLC/Baldwin Avenue/Dexter Avenue/Warren Avenue, Woburn, MA

Dear Mr. Campbell:

On behalf of Seaver Properties LLC, I respectfully request that the City Council public hearing on this matter presently scheduled for August 11, 2015 be continued to the City Council meeting on September 15, 2015. If you need any further information, please contact me. Thank you.

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

Motion made and 2^nd that the communication be received and made part of the record, all

in favor, 9-0. PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC

HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 15, 2015 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor 9-0.

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On the petition by Comcast of Massachusetts I, Inc. for a grant of right in a way to install two four-inch conduits starting at pole no. 161/65 on New Boston Street a distance of approximately 441 feet and continuing on Presidential Way a distance of approximately 4,431 feet ending at the entrance to number 300 Presidential Way. PUBLIC HEARING OPENED. A communication dated July 30, 2015 was received from Superintendent of Public Works John F. Duran, III, P.E. as follows:

Subject:  Comcast Grant of Way Petition for Presidential Way

The DPW staff has thoroughly reviewed the plans for this petition in the office, as well as in the field. My recommendation on this matter is to allow Comcast their Grant of Way for the installation of their conduits and associated manholes from the driveway at 300 Presidential Way to the proposed pole on New Boston Street as shown on the plans prepared by UC Synergetic dated April 1, 2015, last revised on July 8, 2015. I would like to reserve the right to modify the plans in the field, specifically, between manholes 7 and 8, and possibly on New Boston Street as may be dictated by the MWRA, as well as any conduits and manholes that may be required to be repositioned by unforeseen in-situ field conditions. These locations shown are based upon utility mark outs and field investigations with Comcast Representatives and with the DPW personnel.

I recommend that the following conditions be part of this approval:

• As-Built Plans be submitted to Engineering and DPW in appropriate CAD and electronic format.

• Grind and inlay of 2 inches of bituminous concrete for half of the existing roadway to DPW specifications. Cross trenches must be uniformly cut, ground and inlaid with a minimum of 2 inches of approved bituminous concrete at a minimum width of 12 feet.

• Replacement of any disturbed curbing to match existing and concrete panels in full sections as well as any disturbed Handicap ramps restored to full ADA compliance.

• Request for inspections and payment for any overtime related work that will require DPW or Engineering related expenses.

Prior to any work, Comcast personnel should schedule a site visit with the DPW to review this work on the ground after proper mark out of all utilities.

Please feel free to call with any questions or concerns.

Motion made and 2^nd that the communication be received and made part of the record, all in favor, 9-0. Appearing for the petitioner was Jim Page, 12 Tozer Road, Beverly, Massachusetts and he stated that they met many times with the Superintendent of Public Works, that the petitioner is prepared to meet the recommended conditions, and that paving one-half of the roadway the entire length is of benefit to the city. David Flewelling, Specialist 2, Construction, Burlington stated that the petitioner understands and will comply with the recommended conditions. PUBLIC COMMENTS: None. Motion made and 2^nd that the public hearing be closed, all in favor, 9-0. PUBLIC

HEARING CLOSED. Motion made and 2^nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED, with the conditions as follows: 1. That the recommendations of the Superintendent of Public Works be adopted as conditions of the grant of right in a way including the ability of the Superintendent of Public Works to modify the plans in the field, all in favor, 9-0.

Presented to the Mayor: August 13, 2015               s/Scott D. Galvin August 13, 2015

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On the petition by Philip J. Malonson, Trustee, Step Two Realty Trust, 171 Cambridge

Road, Woburn, Massachusetts 01801, Melanson Development Group, Inc., 5 Robertson

Way, Woburn, Massachusetts 01801 and Eileen C. Marsan, 165 Cambridge Road, Woburn, Massachusetts 01801 to amend the Woburn Zoning Map as follows: 1. By changing the zoning district of the land located at Cambridge Road R found on Assessors Map 65-08-13 described as vacant land from B-H to R-3, and 2. By changing the zoning district of the land located at 165 Cambridge Road found on Assessors Map 65-08-18 and 65-08-19 described as single family home and vacant land from R-1 to R-3. PUBLIC HEARING OPENED. A report was received from the Committee on Ordinances as follows: “ought not to pass.” Appearing for the petitioner was Attorney Shaun W. Briere, Mawn and Mawn, 275 Mishawum Road, Woburn, Massachusetts 01801 and he stated that the petition has been reviewed previously at public hearings and committee meetings, that the petitioner filed a memorandum detailing the advantages of the petitioner including fixing the historic access to the Battle Road, increased tax revenue and low impact on the schools, that the petitioner is a quality developer of these type of successful developments, and that the property is ideally situated for this type of development. Alderman Drapeau stated that after the committee meeting there were discussions indicating a change in the scope of the project, that he suggests a reduction in the number of units, that the portion of the property in the B-H zoning district can be removed from the equation thereby reducing the number of units, and that this will reduce the density of the project. Attorney Briere stated that if the B-H zoned property is not rezoned and only the R-1 zoned property is rezoned to the R-3 zone the project will be reduced approximately four units to eighteen units but still be economically viable, that there conceptual plan has four units on the B-Z zoned property which would be eliminated, that there may have to be some redesign of the site, that these are preliminary plans that were prepared for the rezoning petition which would be more detailed in the special permit petition phase, and that the petitioner would lose approximately 17,000 square feet of land resulting in the loss of four units. Alderman Concannon stated that the original proposal was for some upzoning as well as some downzoning, that the proposal to proceed while retaining the B-H zone is worse than the original proposal, and that he cannot support the petition. PUBLIC COMMENTS: Charles Viola, 2 Morningside Circle stated that the scope of the project does not fit the area, that the development should fit the area, that there are not many positive aspects to this proposal, that the mitigation may help some of the drainage issues in the area but not all of them, and that the area is heavily traveled by vehicles and this project would add to the traffic. Motion made and 2^nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED.

Motion made and 2^nd that the Committee Report not be adopted, 6 in favor, 3 opposed (Anderson, Concannon, Mercer-Bruen opposed). Motion made and 2^nd that the ORDER be ADOPTED, AS AMENDED, by amending the zoning district for 165 Cambridge Road further identified on Assessors Maps as 65-08-18 and 65-08-19 from the R-1 zoning district to the R-3 zoning district but not amending the zoning district for Cambridge Road R further identified on Assessors Maps as 65-08-13 from the B-H zoning district, ROLL CALL: Anderson – No, Concannon – No, DiTucci – Yes, Drapeau – Yes, Gaffney – Yes, Gately – Yes, Mercer-Bruen – No, Raymond – Yes, Haggerty – Yes, Motion Passes.

Presented to the Mayor August 13, 2015 and ten days having elapsed without same being approved, said Ordinance became effective without his signature on August 25, 2015.

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On the petition by Huong Vong and My Thi Vong, 6 Albany Street, Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.56 Note 15 and 7.3 to allow for a garage larger than 900 square feet and possible extension of a nonconforming use at 6 Albany Street. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 and he stated that the matter is pending in committee and that he asks that the public hearing be continued to the September 1, 2015 City Council Regular Meeting. Alderman Gately stated that the petitioner is to reduce the size of the project and return to the committee with revised plans. PUBLIC

COMMENTS: None. Motion made and 2^nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 1, 2015 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

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On the petition by Rosematwo, LLC, 10 Dorrance Street, Boston, Massachusetts 01219 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, to modify a special permit issued February 27, 2014 to eliminate the handicapped parking spaces at the front of the site at 7 State Street. PUBLIC HEARING OPENED. A communication dated August 5, 2015 was received from Tina P. Cassidy, Director, Woburn Planning Board as follows:

Re: Request for modification to approved special permit plan of record/7 State Street/Rosematwo, LLC and Level Design Group, LLC

Dear Honorable Council:

This office has reviewed the above-referenced request to modify an approved Plan of Record for this property by eliminating the handicapped parking spaces planned for the front of the site and shown on the Plan of Record.

The Planning Department respectfully recommends the Council suspend consideration/discussion of this application until such time as the following fundamental issues are addressed:

1. The applicant should be required to provide the Council with proof that the handicapped parking spaces can be eliminated from the site plan without violating the regulations of the State’s Architectural Access Board (AAB) and without necessitating additional amendments to the site plan.

The City’s Inspectional Services Director believes the applicant is required by State Law to file a recordable affidavit with the State’s Architectural Access Board which provides certain certifications and information relative to the applicant’s claim it qualifies as a “place of private employment”.   The applicant’s representatives do not share that view and have made no such filing with the AAB to date.

Staff recommends the Council require the applicant provide either (a) correspondence from the AAB indicating that a filing with that agency is unnecessary or (b) correspondence from the AAB indicating that it has received an acceptable affidavit from the applicant.  This recommendation is underscored by the possibility that the applicant may be required to further modify the site plan if in fact it is a qualified “place of private employment” without accessible parking (i.e. gated parking controlled by “swipe” cards, etc.).  If further plan amendments are in fact needed, they too would have to be incorporated into a revised Plan of Record for the Council’s approval.

1. The applicant should be required to provide a plan that shows all changes/amendments needed to the Plan of Record and to request approval of those changes.  Staff has found at least one apparent change to the Plan of Record that has not been authorized by the Council.

That is, the HVAC system was constructed on Sonatube-supported concrete pads in the middle of an area shown as being reserved for future parking on the Plan of Record. There may well be other “disconnects” between the plan that was approved and what was constructed.

The Planning Department would be happy to review a revised plan if one is required/provided.

Respectfully, s/Tina P. Cassidy, Director

Appearing for the petitioner was Daniel Campbell, Level Design Group, L.L.C., 249

South Street, Unit 1, Plainville, Massachusetts 02762 and he stated that they met with the Building Commissioner, that the intention was to eliminate the handicapped parking space at the front of the building but the space will now remain, that the site plan does have to be revised in other respects, that a temporary occupancy permit has issued, and that the petitioner asks that the site plan of record be modified as indicated in the revised plan that he filed at this meeting. Mr. Campbell offered a revised plan entitled “HDCP Parking Modification – Rosematwo, LLC, Proposed Building Expansion, Map 25, Block 17, Lot 05, 7 State Street, Woburn, Massachusetts” prepared by Level Design Group dated August 4, 2015” to the City Council for review. Motion made and 2^nd that the document be received and made part of the record, all in favor, 9-0. Alderman Gately stated that the parking lot has been modified substantially. Alderman Mercer-Bruen stated that there are many moving parts with the proposal, and that the matter should be

reviewed in committee. PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 15, 2015 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

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On the petition by Peter Bergwall and Melissa Tyndall, both of 96 Waltham Street,

Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.56, Note 15 to allow replacement of existing garage with a garage over 900 square feet at 96 Waltham Street. PUBLIC HEARING OPENED. A communication dated August 5, 2015 was received from Tina P. Cassidy, Director, Woburn Planning Board as follows:

Re: Special Permit Application for construction of residential garage larger than 900 sq.

ft. in size at 956 Waltham Street/Peter Begwall and Melissa Tyndall (Owners and Applicants)

Dear Honorable Council:

This office has reviewed the above-referenced petition which seeks authorization for the construction of a detached garage at this residential property.  The applicants plan to raze an existing detached garage and replace it with a new one.  The applicants are seeking a special permit in accordance with Section 5.1.56, Note 15 because the garage will be larger than 900 sq. ft. in size.

The application indicates the garage will have three bays, an office, a bathroom and a workshop.

The Planning Department notes the following issue:

1. Note 15 to Section 5.1.56 limits the height of the garage doors to eight (8) feet, measured from the ground to the top of the door(s).  It is not clear from the plans whether the proposed doors exceed that height. If the doors are taller than eight (8) feet, an additional special permit would be needed.

The Planning Department recommends that the City Council consider imposing the following as conditions of approval of this petition:

1. That the Plans of Record shall be “Garage/Office addition to the Peter Bergwall & Melissa Tyndall residence, 96 Waltham Street, Woburn, Massachusetts; architectural working drawings; dated 30 May 2014, revised 14 June 2014, 25 June 2014, 29 August 2014, 19 March 2015, 20 March 2015; Sheets entitled “Front Elevation, Rear Elevation, Side Elevations, Foundation Plan, Main Level Plan, Lower Level Plan (all at a scale of 1/8” = 1’0”); all drawn by north42designs, 190 east bare hill road harvard, Massachusetts; and “Plot Plan 96 Waltham Street, Woburn, Mass.  Scale: 1”=40’; dated May 5, 2015; Prepared by Edward J. Farrell, Professional Land Surveyor, 110 Winn Street, Suite 203, Woburn, MA  (781)-933-9012.”

1. That the garage doors shall not exceed eight (8) feet in height unless further relief is requested and granted by the City Council;

1. No business activity or home occupation shall be conducted in/from the garage; and

1. There shall be no second electrical meter allowed for the garage, consistent with the Inspectional Services Department’s requirements and policies for detached accessory structures.

Please feel free to contact me if you have any questions about this recommendation.

Respectfully, s/Tina P. Cassidy, Director

Appearing for the petitioner was Attorney Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 and he stated that there petitioner currently has a two car garage, that the proposal is for a three car garage with a home office, that there will be two garages at street level with a third garage below grade accessed by driving around the house, that the garage doors are seven feet in height, that the property drops off in the back from the street level, that the petitioners will use the office for their personal use but not for business, and that the garage will be 24 feet by 50 feet with a three-quarter bath. Peter Bergwall stated that there will be propane heat in the garage, that this will be an overhead propane system, that both petitioners work from the house currently, that they are aware that the garage and office cannot be used for rental and they have no intention to do so, and that they want to keep the changes from the front minimal. Alderman Drapeau stated that the site is suitable for the proposal, that he understands that a portion of the addition will be used for a home occupation, that he has been told by the petitioners that they may work from the home in the office space, that the petitioners should be able to work from their home but not have an active customer or business requiring active deliveries, and that home occupations are protected. Alderman DiTucci stated that if a special permit is granted it could include a condition that the addition not be used for living quarters. Alderman Raymond stated that he understands that one of the garage bays will be used for a home office, and that he has received complaints over the years about garages being used for business which cause disturbances in the neighborhood. Alderman Gately stated that this is a huge addition, and that the addition cannot be an apartment or used as rental property. PUBLIC COMMENTS: None. Motion made and 2^nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING

CLOSED. Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That the Planning Board recommendations, as herein amended, be adopted as conditions of the special permit, 2. That the water service pipe shall run through the main water meter and not be independent or have a separate water line, 3. That the sewer service shall run through the main sewer line and not be independent or have a separate sewer line, 4. That the exterior security lighting shall not be intrusive on neighboring properties, and 5. That Planning Board Condition 3 be amended as follows: That the garage addition shall not be used as living quarters or as rental property, all in favor 9-0.

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

Re:   Planning Department recommendation on special permit application for 78-80 Winn Street/Anthony Paone, Jr., Trustee, 78 Winn Street Realty Trust and Ann’s Realty Trust

Dear Honorable Council:

The Planning Department has reviewed the above-referenced petition which seeks a special permit in accordance with Section 8 of the Zoning Ordinance to vary the minimum setback requirements for parking spaces.  The proposed project would involve razing the existing building at 78 Winn Street and constructing a new two-story commercial building there that would be connected to the existing building at 80 Winn Street to form one building.   The two existing lots at #78 and #80 Winn Street would then be combined into one lot.

The Planning Department notes several significant issues with this filing:

1. The Zoning Ordinance does not authorize the Council to grant waivers/deviations from the minimum setback requirements for parking spaces.  Although the Council does have authority to grant other parking-related waivers/deviations, it does not possess this one.  It appears the requested relief can only be obtained via a variance from the Zoning Board of Appeals, and not via a special permit from the City Council.

1. The maximum allowable driveway width is 28’ (Section 8.4.1.3 of the Zoning Ordinance).  The proposed driveway is 108’ wide.

1. The proposed access to the proposed parking area at the rear of the new building is problematic.  Access to the parking must come over the lot’s street frontage and not from any other location.   The current site plan appears to violate that requirement.

On a related note, the proposed travel aisle is too narrow to allow adequate access by even passenger vehicles, let alone emergency vehicles.  The access way would be 12’ wide if cars parked in spaces #8 and #29,  and would be only about 10’ wide at the steps at the back of the existing building).

1. This property is located in a groundwater protection overlay district.  A special permit from the City Council will therefore be needed.

There are other issues with this filing:

1. A loading bay is required because the project involves office space of 5,000 sq. ft. or more (Section 8.7.1.1).

1. Where are the required handicapped parking space(s)?

1. The plan should be revised to show snow storage area(s).

1. The title of notes in the upper left corner should be revised to say “Groundwater Protection District”.

1. A site plan should be provided (separate sheet) that does not have the pattern/shading.  The patterns/shading make it difficult to read plan details.

1. A key should be added to the current plan explaining what the patterns/shading means.

1. If there is any existing or proposed fencing it should be shown on the plans.

1. The parking notes should be revised to include the square footage of each proposed use (i.e. retail and non-medical office).

Please feel free to contact me directly if you have any questions about this recommendation.   This office would be happy to review a revised plan/application.

Respectfully, s/Tina P. Cassidy, Director

A communication dated August 11, 2015 was received from Attorney Matthew E. Scafidi, Scafidi Juliano, LLP, 5 Campbell Street, Woburn, Massachusetts 01801 as follows:

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

Dear Mr. Clerk:

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

The purpose of this letter is to respectfully request that you continue the public hearing for the site plan application currently scheduled for Tuesday, August 11, 2015 to your next scheduled public hearing.

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

Respectfully submitted, s/Matthew E. Scafidi

Motion made and 2^nd to accept the communication and make it part of the record, all in favor, 9-0. Alderman Mercer-Bruen stated that it does not appear that this matter is supposed to be before the City Council. Alderman Gately stated that the petition could be continued to an October meeting while the other departments determine the appropriate action. Alderman Gaffney stated that he spoke to the petitioner’s attorney, that the petitioner is looking for a reduction in the number of parking spaces which is a City Council issue and a reduction in the size of the parking spaces which may be a Board of Appeals issue, and that once these issues are resolved the petitioner will move forward appropriately. Alderman Mercer-Bruen stated that any new petition may be significantly different than the petition presented at this meeting. PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 6, 2015, all in favor

9-0.

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On the petition by McCue Garden Center, 198 and 200 Cambridge Road, Woburn, Massachusetts 01801 for special permits pursuant to 1989 Woburn Zoning Ordinances, as amended, Sections 5.1.68b, 5.1.69, 5.1.72, 7.3, 8.3 and 15.6.C.iv to change use from residential to agriculture, horticulture, or floriculture on parcels of 5 acres or less; to expand a non-conforming use; to expand a non-conforming parking area to serve the garden center on a separate lot located not more than 500 feet from the property; and located within the Groundwater Protection Overlay District, at 198 and 200 Cambridge Road. PUBLIC HEARING OPENED. A communication dated August 5, 2015 was received from Tina P. Cassidy, Director, Woburn Planning Board as follows:

Re: Planning Department comments on special permit application for McCue Garden Center at 198-200 Cambridge Road

Dear Honorable Council:

The Planning Department has reviewed the request for special permits to allow the applicant to raze a building on an abutting piece of property and redevelop that abutting lot for expanded parking to service 198-200 Cambridge Road.  Special permits from the following Sections of the Zoning Ordinance will be required:

• 5.1.68(b) Change the use from residential to agriculture, horticulture, or floriculture on parcels of less than five (5) acres;
• 5.1.69 and 7.3 Extension or alteration of a non-conforming use;
• 5.1.72 Commercial parking garage or parking lot (Please note Planning staff does not believe the applicant needs this relief.  The parking lot would be classified as an accessory use and would not be considered a commercial parking garage or lot.);
• 5.1.72 and 8.3 Parking area or facility to serve a use on a separate lot and located not more than 500 feet from the use;
• 15.6.C.iv Property is located within a Zone II of the Groundwater Protection Overlay District; and
• 7.3 (Extension or alteration of non-conforming structures or uses) of the Woburn Zoning Ordinance. The property is located in the S-1 zoning district and the requested use is allowed by right.

In addition to the requested special permits, the applicant is seeking waivers from the following sections of the Woburn Zoning Ordinance:

• 8.4.1.2 The applicant requests that the proposed parking stalls are standard parking spaces (9’ x 18’) rather than the retail (10’ x 18’);

• 8.4.1.3 The applicant is proposing to reduce the curb cut opening that provides access to 198 & 200 Cambridge Road from approximately 130 ft. to 103 ft.  The proposed opening is greater than the required width of 88 ft. (28’ width with 30’ curb radiuses) for commercial developments of greater than 15,000 s.f.;

• 8.4.1.4 The applicant is proposing to use the existing entrance and exit driveways.  The driveways are less than 50 ft apart;

• 8.4.2.1 The existing parking spaces are within 5 ft. of the property lines;

• 8.4.2.1 The existing parking spaces are located within the front yard setback along

Cambridge Road; and

• 8.6.2 The proposed sixty (60) space lot does not contain interior landscaping as required due to limited space.

The Planning Department recommends the Council consider imposing the following as conditions of the Special Permit:

1. Unless otherwise authorized, all construction shall conform to the Plan of Record which for this project shall be “City Council Special Permit Parking Lot Expansion; McCue Garden Center 198-200 Cambridge Road Woburn, MA; Plan Done by Griffin Engineering Group, LLC 495 Cabot Street, 2^nd Floor Beverly, MA 01915; Consisting of Five Sheets Dated June 1, 2015; Scale: 1” = 20’”;
2. All signage must comply in all respects with the provisions of Section 13 (Sign Regulations) of the Woburn Zoning Ordinance.  All signage is subject to a separate application and approval process by the Department of Municipal Inspections;
3. Lighting will be arranged and shielded as to prevent glare from the light source onto adjacent streets and properties.  The proposed parking lot lighting will be fitted with “shoebox” fixtures, but the four (4) light fixtures slated to be relocated must also be arranged and shielded so as to prevent glare from the light source reaching adjacent streets and properties;
4. The plan shall be revised to include a snow storage area and the plan distributed to the Planning and Inspectional Services Departments;
5. Security lighting shall be provided if the parking lot is to be used at night; and
6. The Special Permit shall be issued to McCue Garden Center only and shall not be transferrable.

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

Respectfully, s/Tina P. Cassidy, Director

A communication dated August 6, 2015 was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

Subject: 198-200 Cambridge Road – McCues Garden Center – Plans Dated June 2015 –

Stormwater Management Plan dated June 2015 – Special Permit Application Dated June 2015

This office has reviewed the plans for the above referenced project and offers the following comments.

The applicant has submitted plans to demolish an existing two family dwelling and created additional parking for the garden center. The additional impervious area will be mitigated by a series of onsite catch basins which connect to an underground infiltration system with an overflow to the municipal drainage system on Cambridge Road. A review of the submitted drainage calculations show that the post development runoff conditions will be reduced from pre development conditions.

The applicant has also submitted calculations that improve stormwater quality on the site as require by DEP.

The plans show that there will be proposed curbing as well as a connection into the drainage system. This would require an access permit from Mass Highway being that Cambridge Road is under state control.

Upon review of the submitted materials, this office takes no exception to the plans and calculations as submitted.

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

Appearing for the petitioner was Attorney Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 and he stated that the petition involves two lots, that the front lot has a two-family dwelling, that the petitioner proposes to raze the structure and construct a parking lot, that the parking will increase from 44 parking spaces to 60 parking spaces, that the parking will meet requirements for the use, that the use requires a special permit for any alteration, that the new parking lot will have the same lighting and design as the current parking lot, that there is a lack of landscaping due to the tight nature of the lot, that there is already a special permit on the property, that the work will be in the groundwater protection district which also requires a special permit, that the building was occupied until approximately a  month ago, that the Historical Commission has determined that the building is not a historical property and can be razed, the asks that the requirement for a snow storage plan be waived, that there is considerable pavement and the business is closed most of the winter months, and that pushing the snow to the sides of the lot would be the snow storage plan. Attorney Salvati offered site plans dated August 11, 2015 to the City Council for review. Motion made and 2^nd that the documents

be received and made part of the record, all in favor, 9-0. Bob Griffin, Griffin Engineering, Beverly, Massachusetts stated that the locus will not have three curb openings, that the petitioner will close off the curb at the current house and use several plantings to establish a driving pattern, that the locus is split zone with residential to the rear and business to the front which may contribute to the nonconforming status, that the existing parking spaces are nine feet by fifteen feet which seems to work, that rather than restripe the lot the petitioner will stay with the current pattern in the new lot, that the Water Department suggested increasing the water service to four inches due to pressure issues, that a sewer line will be installed while the parking lot is open, that the hydrant referenced on the plan is for watering plants not for fire suppression, that the retaining wall will be above ground 32 inches to provide protection on the 99 Restaurant side, that there will be curbing in front of the planting bed, that the existing sewer will be extended through the site, and that the sewer will be five or six inches. Alderman DiTucci stated that she is in favor of the increased parking, that the parking will accommodate vehicles which during busy times park on neighboring streets, and that the additional parking will be closer to the 99 Restaurant and businesses rather than closer to the residences. Alderman Drapeau stated that this is a petition that removes a house between a restaurant and a garden center and relieves a parking issue, and that this is an easy petition to support. PUBLIC COMMENTS: Carolyn Youngclaus, 2 Park Drive stated that she supports the petition. Ernest Doherty, 171 Lexington Street stated that he supports the petition. Motion made and 2^nd that the public hearing be closed, all in favor 9-0. PUBLIC HEARING CLOSED. Motion made and 2^nd that the SPECIAL PERMIT be GRANTED,

AS AMENDED with the conditions as follows: 1. That the recommendations of the

Planning Board as amended be adopted as conditions of the special permit, 2. That Planning Board Condition 4 be eliminated, 3. That the driveway be marked with in and out arrows, the parking spaces be striped, handicapped parking be designated and appropriate parking signs be installed, and 4. That the existing water be shut off in the street, all in favor, 9-0.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

PUBLIC SAFETY AND LICENSES:

On the petition by Mourad Djiar dba ABCE Taxi of Woburn for renewal of Taxi Cab License, committee report was received “ought to pass”. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor August 13, 2015 and ten days having elapsed without same being approved, said License became effective without his signature on August 25, 2015.

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On the petition by Woburn Cab Company for renewal of Taxi Cab License, committee report was received “ought to pass”. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: August 13, 2015               s/Scott D. Galvin August 13, 2015

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NEW PETITIONS:

Petition by Kelley Towncar Inc., 888 Main Street for renewal of Livery License for seven (7) vehicles. Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

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A communication dated August 6, 2015 was received from Attorney Joseph R. Tarby III,

Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

Re: Minor Modification to Special Permit Granted to Avalon Bay Communities Inc. for Lot 2, Inwood Drive, Woburn, Massachusetts

Dear Mr. Campbell:

Please be advised that I represent Johnson Woods Realty Corporation and UDR Inwood

LLC. On April 7, 2005 the City Council granted a Special Permit to Howland Development Inc/Avalon Bay Communities Inc. for the development of 446 apartment units on Lot 2, Inwood Drive which special permit was further amended by the City Council on April 13, 2006, November 9, 2006, March 19, 2007 (allowed as a minor modification), July 13, 2007 (allowed as a minor modification), January 25, 2008 (allowed as a minor modification), and December 13, 2013 (collectively the “Decision”). Enclosed please find thirteen (13) copies of a plan showing the following proposed minor site revision:

Sheet C 17

There is a 3,528 square foot lot of land shown as Lot 2B on the enclosed Sheet C 17 located entirely in the Town of Reading, Massachusetts that is part of Lot 2, Inwood Drive on the site plan of record. UDR Inwood would like to convey Lot 2B to Johnson Woods Realty Corporation, the owner of the abutting land in Reading, Massachusetts.

The proposed revision to the Decision by substituting Page C17 approved in the Decision does not result in any change or modification to the location of the buildings, any of the conditions contained in the Decision and does not put Lot 2 Inwood Drive in noncompliance with the Woburn Zoning Ordinance.

Further, the proposed modification does not result in a substantive amendment which changes the result of the Decision or which grants relief different from that originally granted.

On behalf of my clients, I respectfully request approval by the City Council at its meeting on August 11, 2015 of a minor modification to the Decision by replacing Sheet C17 of the plan referenced in Condition 1 of the original Decision with the Revised Plan. If the City Council finds that this request is not a minor modification I respectfully request that the City Council allow for a late filing of a Special Permit Petition and schedule a public hearing for September 1, 2015.

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

Very truly yours, s/Joseph R. Tarby III

Motion made and 2^nd that the communication be received and made part of the record and to suspend the rules for the purposes of hearing from the Attorney for the petitioner, all in favor, 9-0. Appearing was Attorney Joseph Tarby and he stated that Sheet C17 of the plans shows a 3,528 square foot lot of land that is located in Reading and that the abutters in Reading want to purchase, that the land is in Reading but is on the project site plan of record, and that the revision does not change or modify the location of the buildings or the conditions, is not a substantial amendment changing the result of the decision or make the lots or buildings nonconforming. William Bergeron, Hayes Engineering stated that the advantage to this proposal is that the Reading parcel will be in conformance with

town setbacks but will not allow additional construction and gives more open space, that there are no plans to construct on the parcel, that there will be no signs placed on the parcel, and that this is simply a setback issue. Motion made and 2^nd to return to the regular order of business, all in favor, 9-0. Motion made and 2^nd that that a MINOR

MODIFICATION be ALLOWED OF THE SPECIAL PERMIT by replacing Sheet C17

of the plan referenced in Condition 1 of the Decision with the plan Sheet C17 entitled “Modification Layout Plan for More than One Residential Structure on a Lot – Avalon at Inwood, Woburn, MA – Site Plan Approval” prepared by Hayes Engineering, Inc. dated November 11, 2008, rev. May 23, 2013, rev. August 4, 2015”, all in favor, 9-0.

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Petition by NSTAR Electric Company dba Eversource Energy for a grant of right in a way to install conduit in Warren Avenue easterly from pole 226/17 approximately 60 feet southeast of Warren Road a distance of about 11 feet. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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Petition by 80 Holton Street LLC, 80 Holton Street, Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.42, 5.1.57b and 7.3 to allow for the alteration of the existing nonconforming use and structure for a warehouse and distribution business; overnight parking of commercial vehicles; and to allow for the continuance of the existing area, parking and landscaping requirements, at 80 Holton Street. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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Petition by Paw Prints, 167 Merrimac Street, Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.35 to allow for a kennel at 167 Merrimac Street. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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Petition by American Capital Energy, Inc., 360 Merrimack Street, Ste 202, Lawrence, Massachusetts 01843 for site plan review pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 12 and 26 to allow a large-scale ground-mounted solar photovoltaic installation located within the Solar Overlay District at 202 Merrimac Street. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-

0.

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COMMUNICATIONS AND REPORTS:

A communication dated July 22, 2015 was received from Charles O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:

Council Members,

In accordance with Massachusetts General Laws Chapter 90, Section 20½ I am submitting the following parking ticket report. The following figures represent year to date totals for 2015: Number of violations issued 478, Numbers of violations paid 230, Number of violations outstanding 226, Amount collected and submitted to Collectors Office $26,063.20, Parking fines referred to the Handicap Commission $8,500.00.

There is a backlog of 1,717 unpaid tickets dating from January 2004 to June 2015. A 21 day late notice is sent to vehicle owners who have not paid the fine. After 28 days, if the fine still has not been paid, that information is forwarded to the Registry of Motor Vehicles for administrative action.

Respectfully submitted, s/Charles O’Connor, Parking Clerk

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

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A communication dated July 10, 2015 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 meeting for the month of June 2015. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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A communication dated July 29, 2015 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 meeting for the month of July 2015. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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A communication dated July 27, 2015 with attachments was received from Simmee

Silton, Vice President, MassDevelopment Finance Agency, 99 High Street, Boston, Massachusetts 02110 relative to a public hearing on an application by The Protestant Guild for Human Services, Inc. for approval of a revenue bond financing for a project. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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A communication dated July 17, 2015 was received from the Coalition for Responsible Retailing, 574 Boston Road, Billerica, Massachusetts 01821 relative to tobacco regulations. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON

FILE, all in favor, 9-0.

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A communication dated April 4, 2015 was received from Attorney Mark J. Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 as follows:

Re: Paw Prints Special Permit – 300 Salem Street

Dear President Haggerty and Aldermen:

Request is made to withdraw this petition without prejudice. Thank you for your attention to this matter.

Very truly yours, s/Mark J. Salvati

Motion made and 2^nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, all in favor, 9-0.

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS: 

A communication dated July 8, 2015 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, I hereby appoint Joseph A. Palmissano, 16 Senator Road, to the Woburn Board of Registrars of Voters, with a term to expire June 30, 2018; subject to approval by the City Council.

Mr. Palmissano’s appointment fills a vacancy left by longtime registrar, Beulah Burnett, who recently retired from her position.

Respectfully, s/Scott D. Galvin, Mayor

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

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A communication dated July 9, 2015 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, I hereby appoint Myles Collins, 19 Squanto Road, to the Woburn Council on Aging, with a three-year term to  expire on December 31, 2017; subject to approval by the City Council.

Mr. Collins’ appointment fills a vacant seat on the Council.

Respectfully, s/Scott D. Galvin, Mayor

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

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MOTIONS, ORDERS AND RESOLUTIONS:

RESOLVED That the Committee on Special Permits meet with representatives of Dollar Tree located at 425 Washington Street to discuss the issue continued violations of the conditions of the special permit issued on November 10, 2011.

s/Alderman Mercer-Bruen

Motion made and 2^nd that the RESOLVE be ADOPTED and referred to Committee on Special Permits, all in favor, 9-0.

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ORDERED     That the following letter be sent to the Woburn Girl’s Softball League, the Recreation Department, Parks Department and a copy to Woburn Police Traffic Safety Officer:

With the increased usage of the fields at Gonsalves Park, including the addition of tournaments that have increased traffic and parking requirements beyond what the surrounding neighborhood can accommodate, several issues have arisen that need to be addressed:

1. At 16 South Bedford Road, visitors to the field park in such a manner that the residents cannot exit their driveway safely and are forced into the middle of the road in order to see oncoming traffic. The situation was reviewed by the Woburn Police Traffic Safety Officer and he concurs that it is hazardous. The specific area abutting the driveway has “No Parking” signs and white curbing. The Woburn Police Department places cones in that area, but parking is so severely limited that visitors remove the cones and park there regardless.
2. The brush and trees at that corner of the field have grown high and are enmeshed in the fence. They block the visibility of the residents when they enter and exit the driveway, presenting a hazard. Another resident complained of the brush and growth along the entire length of the fence on South Bedford Road. A complaint was filed on SeeClickFix approximately one month ago.
3. At that same corner on the field itself, there is currently a children’s play area and toddler ride. Teams have taken to warming up and practicing their pitching and hitting there. Balls sail over the fence and into the resident’s driveway or onto South Bedford Road, endangering drivers. One particular day the resident was driving into her property and nearly failed to see a young girl who had entered to retrieve a ball.

This happens frequently and this past weekend it expanded to the point where balls flew over along the entire length of the fence adjacent to the residence. Within the span of a few minutes, 10 balls came into the driveway and now reach the front lawn. The residents’ primary concern is the safety of her family as well as the players. In addition there is the liability presented to her family who cannot see the players who are retrieving balls when the residents round the corner to enter their driveway.

We understand that the League has taken steps to mitigate the issues presented by the increase in traffic and parking. Based on complaints from residents, there is now no parking on Jaycin Circle. However, it appears that more concrete steps must be taken in order to guarantee the safety of both the residents and the players.  Several suggestions might include:

1. Placement of permanent concrete barriers under the No Parking signs at the corner near the entrance to the driveway at 16 South Bedford Road. These barriers would prevent visitors from removing them and parking during games.
2. Notification to parents and players that No Parking signs are to be respected and citation tickets will be issued.
3. The League and Recreation Department should review the parking situation with a view to enlargement of the parking lot and/or allowing auxiliary parking at the Joyce Junior High during tournaments or games when a large number of visitors are expected. Perhaps a shuttle system may be required during those times.
4. Clean up of the brush along the entire perimeter of the field and especially where it impedes residents’ visibility.
5. Addition of a backstop on South Bedford Road where batting and pitching practices are taking place in order to protect the nearby residents, motorists and players. And, no practice allowed anywhere near a residence unless in front of a backstop. Signs should be installed on the field notifying players that no practice is allowed in specific areas. The toddler rides should also be moved to an area that is protected from such activity. Alternately, practice should be held on another area of the field where balls cannot fly into the street or onto private property.

An update on this matter is requested at the City Council’s next meeting on September 1, 2015.

s/Alderman DiTucci

Alderman Gately stated that the matter could be referred to the Committee on

Infrastructure and Public Lands. Alderman DiTucci stated that this is a communication to the Recreation Commission and asks their appearance before the City Council at the September 1, 2015 Regular Meeting. Motion made and 2^nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor August 13, 2015 and ten days having elapsed without same being approved, said Order became effective without his signature on August 25, 2015.

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ORDERED     Be it ordained by the City Council of the City of Woburn that the Mayor be authorized to accept a deed from Winning Farm Trust, Robert W. Murray, Trustee, for no consideration, to a parcel of land located in Woburn, Massachusetts shown as Lot 2 on a plan of land entitled

“Approval Not Required Plan, The Village at Winning Farm, off Lexington Street, Middlesex County, Woburn, MA” dated May 8, 2003, prepared by Commonwealth Engineering Inc. and recorded with the Middlesex South District Registry of Deeds (the “Registry”) as Plan No. 92 of 2006 (the “ANR Plan”).

s/President Haggerty

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

Presented to the Mayor: August 13, 2015               s/Scott D. Galvin August 13, 2015

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ORDERED      LEONARD STREET: That a stop sign restriction be established southerly on Leonard Street at the intersection with Fowle Street.

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

Presented to the Mayor August 13, 2015 and ten days having elapsed without same being approved, said Ordinance became effective without his signature on August 25, 2015.

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ORDERED     That pursuant to 1989 Woburn Municipal Code, as amended, Title 3,

Article I, Section 3-6 the City Clerk is hereby authorized to dispose of a

Canon 2200 copier machine with equipment identification number 11605588 which the City Clerk has determined is of no value to the department and which no other department has expressed an interest in obtaining.

s/President Haggerty

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

Presented to the Mayor: August 13, 2015               s/Scott D. Galvin August 13, 2015

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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 Ward One and Ward Seven of the City of Woburn as are qualified to vote in Municipal Elections to assemble at the polling places in their respective wards as designated herein, on TUESDAY, the

TWENTY-FIFTH DAY OF AUGUST 2015 from 7:00 a.m. to

8:00 p.m., then and there to cast their votes in the MUNICIPAL PRELIMINARY ELECTION for the candidates for the following offices:

WARD ONE              WARD ALDERMAN WARD SEVEN                       WARD ALDERMAN

Ward-Precinct       Polling Place Location

1-1                Joyce Middle School Library, 55 Locust Street

1-2                Clapp Elementary School Cafeteria,

Hudson Street and Arlington Road

7-1                  Reeves Elementary School Gymnasium,

240 Lexington Street

7-2                  Reeves Elementary School Gymnasium,

240 Lexington Street

s/President Haggerty

Motion made and 2^nd that the ORDER be ADOPTED, 8 in favor, 1 abstained (Drapeau abstained).

Presented to the Mayor: August 13, 2015               s/Scott D. Galvin August 13, 2015

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ORDERED                 That the following list of Wardens, Clerks, Inspectors and Substitutes be approved for all Elections between September 1, 2015 and August 31, 2016:

Ward      Precinct                      Name                                       Address                         Office

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

s/President Haggerty

Motion made and 2^nd that the ORDER be ADOPTED, 7 in favor, 2 abstained (Drapeau, Haggerty abstained).

Presented to the Mayor: August 13, 2015               s/Scott D. Galvin August 13, 2015

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ORDERED     Be it Ordained by the City Council of the City of Woburn to authorize the Mayor, for purposes of establishing, constructing, operating and maintaining a multi-use rail trail/bicycle path for non-motorized transportation, open space and recreation purposes and for all other purposes for which rail trails are now or hereafter may be used in the Commonwealth, to acquire by purchase, gift, eminent domain or otherwise, fee, easement, leasehold, license and/or other real property interests in, on, over, across, under and along (a) a portion of the property owned by the City of Woburn, being a segment of a former railroad right of way known as the “Stoneham Branch” and more particularly described in a deed dated December 30, 2004 and recorded with the Middlesex South Registry of Deeds in Book 45166, Page 470, as shown on a plan of land entitled “Massachusetts Department of Transportation Highway Division Plan and Profile of Tri-Community Bikeway in the

Municipalities of Winchester, Woburn, and Stoneham Middlesex County Preliminary Right of Way Plans” Sheet Nos. 42-45, a copy of which is on file with the City Clerk’s office, and as may be amended, and (b) abutting and underlying properties as necessary for clearing title to said railroad right-of-way, laying out a multi-use rail trail/bicycle path in that right of way and associated easements, and providing access to the rail trail area for construction, maintenance and repair purposes, on such terms and conditions as the Mayor may determine, and further, to authorize the Mayor to take all related actions necessary and to sign all required document to effect this acquisition.

s/President Haggerty

Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON

INFRASTRUCTURE AND PUBLIC LANDS and be placed on the September 1, 2015 Regular Meeting agenda under Unfinished Business from Preceding Meeting, all in favor, 9-0.

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ORDERED     That pursuant to Massachusetts General Laws Chapter 148, Section 13, the City Clerk shall schedule a public hearing before the City Council for the purposes of revoking the following Inflammable Licenses for the reasons stated:

1. NSTAR Electric Company at Cove Street – not registered;
2. ArQule, Inc. at 19 Presidential Way – not registered;

Further, that the City Clerk shall give notice by certified mail return receipt requested to the license holder to the last known address of license holder and by causing notification of the hearing to be published once in a newspaper of general circulation in the City at least ten (10) days prior to the hearing.

s/President Haggerty

Motion made and 2^nd that the ORDER be ADOPTED and be referred to public hearing, all in favor, 9-0.

Presented to the Mayor: August 13, 2015               s/Scott D. Galvin August 13, 2015

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ORDERED     Be it ordained by the City Council of the City of Woburn that the Mayor be authorized to enter into a License Agreement between the City of Woburn and Paul Paris for the use of 23,750 s.f. of land, more or less, located on Locust Street, for agricultural purposes.

s/President Haggerty

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

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ORDERED     Be it ordained by the City Council of the City of Woburn that the Mayor be authorized to enter into a Lease Agreement between the City of Woburn and American Capital Energy, LLC for the installation, maintenance and operation of net-metered solar photovoltaic facilities at the Woburn Landfill.

s/Alderman Raymond

Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON INFRASTRUCTURE AND PUBLIC LANDS meeting as a Committee of the Whole and that a communication be forwarded to the Mayor requesting that he appear before the Committee with a copy of the lease, plans and related documents, all in favor, 9-0.

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ORDERED     Be it Ordained by the City Council of the City of Woburn that in accordance with M.G.L. c.40, §4A, the Mayor shall be authorized to execute an amendment of the Intermunicipal Agreement between the City of Woburn and the Town of Burlington dated May 4, 1965, with respect to the repair of the so called “Horn Pond Interceptor” portion of the jointly used sewer line.

s/President Haggerty

Alderman Gately stated that there has been an agreement since 1965, that there have never been charges for maintenance or other costs, that there is leaking at manholes in Horn Pond, that the issue must be addressed which will require lowering of Horn Pond and construction activities including shoring to repair around the manholes, that the city should not have to bear all the costs for the work, that the Order will bring the parties together to discuss these issues, and that the Order should be adopted and referred to Committee on Infrastructure and Public Lands. Alderman DiTucci stated that during periods of high rain there are leaks, that the Town of Burlington is under a Department of Environmental Protection Administrative Consent Order, and that this is a large job.

Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON INFRASTRUCTURE AND PUBLIC LANDS and that the Mayor and City Engineer be requested to attend the Committee Meeting, all in favor, 9-0.

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ORDERED     Be it Ordained by the City Council of the City of Woburn that Title II, Administration and Personnel, Article XII, Fire Department, Sections 2-79 and 2-81 be amended by deleting therefrom the term “Assistant Fire Chief” wherever it appears, and replacing same with “Deputy Fire Chief”; and that Article XXVIII, Compensation of Officers and Employees, Section 2-180, Base Salaries, be amended by inserting the following:

Deputy Fire Chief. ………………………$92,099.48

s/President Haggerty

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

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ORDERED     Be it Ordained by the City Council of the City of Woburn that Title 12, Section 12-41 of the 1989 Woburn Municipal Code, as amended, be further amended by deleting paragraph 12-41(E) in its entirety and replacing same with the following:

E.   All areas under the care and control of the recreation commission are considered to be closed at nine p.m., unless extended by the written consent of the city council through the granting of a special event permit.

s/Alderman DiTucci

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

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Motion made and 2^nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 7:52 p.m.

A TRUE RECORD ATTEST:

William C. Campbell

City Clerk and Clerk of the City Council