City Council – 08/14/2012

Meeting Agenda

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CITY OF WOBURN

AUGUST 14, 2012 – 6:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

       Denaro

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

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Alderman Mercer-Bruen entered the Council Chamber during the following matter.

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Presentation by Treasurer/Collector Timothy Donovan regarding the status of the City of Woburn tax title properties. Appearing was Treasurer/Collector Donovan and he stated that the presentation concerns property owned by the Chestnut Hill Realty Trust at Commerce Way and Atlantic Avenue. Treasurer/Collector Donovan submitted a memorandum dated August 13, 2012 with attachments to the City Council for review. Motion made and 2^nd that the documents be received and made part of the record, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent). Attorney Robert Kerwin, Tarlow, Breed, Hart & Rogers, P.C., 101 Huntington Avenue, Boston, Massachusetts 02199 and he stated that the Environmental Protection Agency (EPA) made a presentation regarding the property the last two years, that the city was asked to take the property by foreclosure under the consent agreement to proceed with institutional controls over the property, that such action would allow the hide piles to be properly managed, that the IndustriPlex Trust (the Trust) does not want to continue monitoring the hide piles unless that have control over it, that the Trust would pay $25,000.00 for the property, that there is $175,000.00 outstanding in property taxes and with interest the total is up to $500,000.00, that they met with the Trust six months ago to perform due diligence in an effort to get more money through the tax title process, that it is possible that a solar panel farm can be constructed on the property as the cover can never be penetrated, that the hides are perpetually toxic, that the moment an entity purchases the property there is a contingent environmental liability, that the Trust has borne the costs of maintaining the site not the city, that the city should move forward with foreclosure and then sell the property at auction which would likely result in the Trust purchasing the property so that the Trust could get control over the property, that in 1964 Anthony Famino purchased the property in trust, that Margaret Mitzer was the trustee and is not from the area and was not aware that she was the trustee, that the city requested a letter indicating that the Trust will purchase the property, that for a moment in time the city will own the property and there has been caution to avoid the city having liability for the hide piles, and that the hide piles cannot be removed or the cover permeated because of the toxicity of the hide piles. Alderman Raymond stated that there is solar technology in the market and other technologies that could be placed on the property without penetrating the cover. Attorney Kerwin stated that the environmental related costs are approximately $200,000.00 per year, that these are difficult choices, and that there may be a solar company that would want to build on the land but there is no certainty of this. Alderman Gately stated that he is in favor of taking the liability of the site off the hands of the city, and that there is a concern that if the city is not able to sell the property that the city will assume the liability. Attorney Kerwin stated that the Trust has sent a letter offering $25,000.00 for the land, that there have been $100 million in historic mediation costs expended in the area, that this parcel was never conveyed to the Trust, and that the Trust has said the property should have been assessed at the lowest use not at the highest. Alderman Gately stated that as long as the city does not incur liability he is in favor of the action. Alderman Anderson stated that he would like to see an indemnification in writing from the Trust before moving forward, and that he is concerned about obtaining a binding agreement with the Trust to ensure that the city will not be liable. Attorney Kerwin stated that the matter has been pending in Land Court for four years. Attorney John Finnegan, Tarlow, Breed, Hart & Rogers, P.C., 101 Huntington Avenue, Boston, Massachusetts 02199 stated that there is a State law that would take liability from the city, however where the city was a party to the consent decree there is an issue whether the exceptions applies, and that the EPA has indicated that the exceptions do not apply. Attorney Kerwin stated that the city would lose the $500,000.00 in taxes due but the liability would be removed from the city’s books, that in October 2012 an auction would take place, the new certificates of title would have to issue because the property is registered land, that they want the Trust to come forward as well, that the Trust stated in the letter that they would not maintain the land if the Trust is not in control of the property, that the Trust was put on notice that this would violate the consent decree, that the taxes and interest continue to accrue however the money cannot be recouped from the land, and that there is not a lot of interest of buyers for Superfund property. Alderman Mercer-Bruen stated that she wants Joe LeMay of the EPA before the City Council to answer questions, that she wants to speak to the City Solicitor concerning the matter, and that she has questions that have to be answered before she would be prepared to vote on the matter. Attorney Kerwin stated that he spoke to the City Solicitor and invited Mr. LeMay to attend the meeting. Mayor Scott Galvin stated that the intent of this presentation is transparency, that the city wants to obtain more money for the property, that the city has been dealing with this issue since before he was Mayor, that no vote is required of the City Council, and that they are here to hear the concerns of the City Council. Attorney Kerwin stated that the city has to ask for the face value of the tax obligation, and that the Department of Revenue would have to approve waiving the interest however this could impact other properties as well and waivers from other properties could be sought. There was no motion and no action taken by the City Council.

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MAYOR’S COMMUNICATIONS: 

ORDERED     That the sum of $15,999.50 be and is hereby appropriated as so stated from Traffic Safety & Infrastructure $15,999.50 to Montvale-Washington Streets-Lights Acct #360058-588250 $15,999.50

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

I hereby recommend the above: s/John E. Corey, City Engineer

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

s/President Denaro

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

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PUBLIC HEARINGS:  

On the petition by Peterson Party Center Inc., 139 Swanton Street, Winchester, Massachusetts for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.57b to modify special permits issued August 11, 2011 and January 26, 2012 by deleting the reference to the plan entitled “Proposed Parking Layout” Sheet PK-1 dated November 15, 2011 in Condition 2 and replacing same with the plan filed with this petition entitled “Proposed Parking Layout” Sheet PK-1 dated June 4, 2012 as the plan of record, at 36 Cabot Road. A communication dated August 8, 2012 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

Re: Special Permit Petition of Peterson Party Center, Inc., 36 Cabot Road, Woburn, Massachusetts

Dear Mr. Campbell:

I respectfully request that the City Council public hearing on this matter presently scheduled for August 14, 2012 be further continued to the City Council meeting on September 18, 2012. 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 accepted and made part of the record, all in favor, 9-0. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the

PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 18, 2012 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 18-20 Campbell 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 13, 2012 was received from Building Commissioner Thomas C. Quinn, Jr. as follows:

Re: 18-20 Campbell Street

With regard to the above, I have enclosed copies of pictures of this property taken today August 13, 2012 and also from July 31, 2007.

Site visits have been done periodically over the last few years to monitor the conditions of this dwelling, with attention to the egress requirements from the dwelling units. If the current owner fails to stay in compliance with the potential violations noted by the Board of Health in their letter of June 13, 2012 further involvement may be warranted from this office.

If you need anything further with this matter do not hesitate to contact me.

Alderman Anderson stated that there have been ongoing concerns at this property for at least two years, that the property has been under review since 2007, that there are structural issues at the property as well as standards for human habitation issues, that there may be unregistered vehicles stored in the back of the property, that the Building Commissioner and Board of Health Agent cannot go onto the property without a warrant, that the lawn has not been maintained, that there have been 144 police calls to the property since January 2011, there have been 17 arrests involving violent crime and the execution of criminal warrants at the property during this period, that the landowner is not at this meeting, that notice of this meeting was served on the landowner by certified mail and the Police Department also made last and usual service, and that the property adversely affects the quality of life on Campbell Street. Alderman Anderson offered a communication from Building Commissioner Thomas Quinn dated August 13, 2012 with attachments including a report dated June 13, 2012 from Board of Health Agent John Fralick regarding the property for the City Council to review. Motion made and 2^nd that the communication be received and made part of the record, all in favor, 9-0. PUBLIC COMMENTS: Julia Barrett, 14 Campbell Street stated that she is concerned for the safety of her children and her own safety when she walks along the street, and that safety is her main concern with respect to the activities at the subject property. Maria Quadros, 14 Campbell Street stated that she has been co-owner of the property for seventeen years, that she does not live at the property, that she has a difficult time renting the property because of the conditions at the subject property, that her tenants do not feel safe, and that she may have to sell the property if she cannot find tenants. Maria Ramos, 14-16 Campbell Street stated that she is co-owner of the property, that from the end of 2007 the subject property has not been maintained, that the gutters are falling, that there a are violent arguments in the property that spill out into the neighborhood, that it is not clear who lives in the house, and that she is concerned about the impact of the conditions on her tenants. Kaitlyn Murphy, 16 Campbell Street stated that there is a lot of noise from the house at night, that the occupants open burn debris is a metal barrel in the yard, that the property was vacant last winter, that the property creates an unsettling atmosphere in the neighborhood, and that she is concerned about safety. David Barrett, 14 Campbell Street stated that he has lived at his home for four years, that there appears to be drug use and open alcohol use on the subject property, that there is a lot of traffic in and out of the house, that he cannot determine who are the tenants, that there seem to be 20 or 30 tenants in the house, that the property as a whole is a public nuisance, that there is inadequate sanitation for all the tenants, that there is excessive noise from an unlicensed scrap metal business operated on the property, that there is criminal activity on the property, that there is public urination on the property, that there is public drunkenness on the property, that a barrel in the yard is used to burn trash from the scrap metal business such as plastics, that plumes of smoke emit from the yard, that a fire was started near the property, that there is loitering at the property, and that there is an abandoned vehicle in the backyard. Alderman Anderson requested that the speakers be sworn. President Denaro ruled that this was not an option. Robert Cremone, 4 Ellis Court stated that he owns several properties in the area, that he agrees with the comments of the earlier speakers as they are accurate, that he has had personal property stolen from his property, that he is concerned about fires in the area, and that the subject property will get worse unless the city takes action. Police Chief Robert Ferullo stated that the city has acted swiftly and affectively in the area, that much of what the Police Department does is out of the public eye, that the Police Department is responding to the issues and will continue to do so until the issues are resolved, that he has not received complaints from the landowner about squatters, that the Police Department has information that the landowner has evaded efforts to serve him with process, and that if a complaints was received about squatters they Police Department would attempt to remove them from the property. Alderman Drapeau stated that the Police Department does follow through on complaints, that sometimes it is difficult to get the matter through the courts, and that this is a long process. Alderman Anderson stated that the property taxes and water and sewer charges are paid up to date to are one quarter behind. Alderman Haggerty stated that information should be obtained from the Fire Department as to calls made for assistance to the property. 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 an ORDER be ADOPTED,

making the following findings, for the following reasons, and prescribing the following actions:

1. According to the Board of Health report dated June 13, 2012 finding the following potential violations of the Sanitary Code 105 CMR 410 Minimum Standard for Human Habitation at the locus as follows: a. 105 CMR 410.551 Screens in disrepair;
   2. 105 CMR 410-501 Windows in disrepair;
   3. 105 CMR 510.500 Maintenance of structural elements (gutters, facial boards, soffit, shingles);
   4. 105 CMR 410.503 Railings loose;
   5. 105 CMR 410.602 Trash and debris in yard;
   6. 105 CMR 410.500 Front porch in disrepair;
2. Evidence of possible storage of unregistered vehicles on the property;
3. Lawn and yard not maintained and in deplorable condition;
4. Since January 1, 2011, the Woburn Police Department has received 144 calls for  assistance at the locus;
5. According to the Woburn Police Department, there have been 17 arrests involving violent crime and the execution of criminal warrants at the locus;
6. In addition to the deplorable condition of the property, a house of disorder is being maintained at the locus;
7. According to the Woburn Police Department, there are three complaints pending in the Woburn District Court alleging maintenance of disorderly property at the locus, with two complaints against tenants and one complaint against the owner; and
8. That the conditions at the locus are adversely affecting the quality of life in the neighborhood;

Therefore, the City Council enters the following Order:

1. That the property located at 18-20 Campbell Street, Middlesex County, Woburn, Massachusetts is hereby declared a public nuisance, a nuisance to the neighborhood, and dangerous to the neighborhood as that term is used in Massachusetts General Laws Chapter 139, Section 1, et. seq.;
2. That the owner of the property located at 18-20 Campbell Street, Woburn, Massachusetts is hereby Ordered as follows:
   1. To remove any unregistered vehicles from the locus; and
   2. To repair the screens, windows, gutters, facial board, soffit, shingles, railings, clear debris and trash, and repair the front porch, to the satisfaction of the

Woburn Building Commissioner and the Woburn Board of Health Agent with the appropriate permits being obtained by the landowner for the required work;

1. That a communication be forwarded to the Woburn Police Department and the Building Department to confer to determine whether and to what extent there may be unrelated individuals living in either or both units and to determine if the number of unrelated adults residing at the unit violates the provisions of the Woburn Municipal Code or the Woburn Zoning Ordinances; and
2. That the matter be placed on the City Council agenda for the meeting to be held on September 18, 2012 to monitor the progress in accordance with the nuisance determination and Order and whether it be necessary to enter further Order to compel compliance including disposition of the premises or other proceedings to be initiated by the City Solicitor,

all in favor, 9-0.

Presented to the Mayor: August 17, 2012               s/Scott D. Galvin August 17, 2012

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Motion made and 2^nd for a two minute recess, all in favor, 9-0.

************************* President Denaro called the meeting back to order.

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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. Alderman Anderson stated that this was a foreclosed problem property, that the attorney and property manager did everything asked of them by the city to secure the property, that the property is under a purchase and sale agreement, and that he asks that the matter be dismissed. IN FAVOR: None. OPPOSED: 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 MATTER be DISMISSED, all in favor, 9-0.

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On the petition by Alderman Mercer-Bruen concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as  34 Orange Street a/k/a 29 Hawthorne 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. Alderman MercerBruen stated that there is a scrap metal business operating at the property with outside burning, that numerous complaints have been received about this property, that the property is an absolute mess, that she wants a letter sent to the landowner of the property, that the landowner must show by September 4^th what has been done to clean the property and the scrap metal business must be removed from the property. Alderman Gately stated that there were no sewer issues in that area according to the Department of Public Works, and that any sewer issues are originating inside the property. Alderman Mercer-Bruen offered a communication dated August 14, 2012 from Building Commissioner Thomas Quinn requesting that the matter be kept open so that issues with the property can be addressed. Motion made and 2^nd that the communication be received and made part of the record, all in favor, 9-0. PUBLIC COMMENTS: Daniel Oliveira stated that he resides at the property, that a neighbor started the problems regarding the property, that the Building Commissioner said that this issue was raised by two complaints that he received, that they do not scrap metal all night long at the property, that the property has been cleaned since the time he moved in, and that they moved to the property because they knew it could not be made worse. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

SEPTEMBER 4, 2012, all in favor 9-0. Motion made and 2^nd that a communication be sent to the landowner stating that the meeting has been continued to September 4, 2012, all in favor, 9-0.

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On the petition by Paul Carniero, 49 Olive Street, Methuen, Massachusetts 01844 for a special permit pursuant to Section 5.1.44 of the 1985 Woburn Zoning Ordinances, as amended, to allow for auto body repair at 3 Green Street. A communication dated August 9, 2012 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re:  Paul Carneiro – 3 Green St. – To allow an automobile and truck repair garage pursuant to Section 5.1.44

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on August 7, 2012, the Planning Board voted to send an unfavorable recommendation to the City Council on the Special Permit application of Paul Carneiro, regarding the property at 3 Green Street to allow an automobile and truck repair garage pursuant to Section 5.1.44 because of fire safety and emission concerns. If members of the City Council have any questions or concerns, please feel free to contact me.

Sincerely, s/Edmund P. Tarallo, Planning Director

A copy of a communication dated August 8, 2012 to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer as follows:

Subject: 3 Green Street – Auto Body Repair Special Permit – Sketch Plan not Dated – Floor Plan Dated 11/15/1995 – Special Permit Application Dated April 13, 2012 – Previous Memo Dated May 8, 2012

The applicant is seeking permission to operate an auto body repair garage at the above referenced location. The included sketch plan shows the layout within the building as well as the location of the parking spaces on the property.

The proposed work is located within the interior of the building and there is no exterior site work being proposed. Therefore no comments are warranted by this office.

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

Alderman Gately stated that this proposal was for a car repair and paint shop at the locus, that there were concerns about parking, noise and paint fumes, that this would not be a good fit at the locus, and that the special permit should be denied. IN FAVOR: None.

OPPOSED: 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 DENIED for the reasons set forth in the Planning Board recommendation, all in favor, 90.

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Alderman Haggerty recused himself from participating in the following matter to avoid the appearance of a conflict of interest as his employer owns abutting property and left the Council Chamber.

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

Massachusetts 01801 for a special permit pursuant to Sections 11.3.12 and 22 of the 1985

Woburn Zoning Ordinances, as amended, to modify a special permit issued January 12, 2012 to allow change from previously approved 98 unit condominium development to allow construction of a 49 unit condominium building on Main Street with 40 townhomes

for a total of 89 residential units, at 859 Main Street. Appearing for the petitioner was

Attorney Shaun Briere, Mawn and Mawn, P.C., 275 Mishawum Road, Woburn, Massachusetts 01801 and he stated that the petitioner has been working to address comments of the Planning Direcotr, that the petitioner will be filing a revised plan next week, that the petitioner asks that the matter be referred to the Committee on Special Permit for review, that the roadways are being redesigned, and that the Planning Board next meets on September 11, 2012. IN FAVOR: None. OPPOSED: Gerard Scalley, 18 Dartmouth Street stated that the Planning Board allowed the developer to add two parcels to the development, that in December 2006 a building committee was formed to sell six acres of land and retain six acres of land for the parish center and a 250 car parking lot, that the developer will own eight acres and Maggiore owns one acres, that this leaves three acres of land for the parish center and the parking lot, and that he ask the City Council to vote no on the proposal. Motion made and 2^nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 18, 2012 AND THAT THE MATTER BE REFERRED TO THE

COMMITTEE ON SPECIAL PERMITS, 8 in favor, 0 opposed, 1 absent (Haggerty absent).

************************* Alderman Haggerty entered the Council Chamber.

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On the petition by Enterprise Rent-A-Car Company of Boston, LLC, 248 Mishawum Road, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.45 of the 1985 Woburn Zoning Ordinances, as amended, to modify a special permit issued February 4, 1992, which currently allow the sale of automobiles and trucks, to include commercial trucks with fixed trailers, at 248 Mishawum Road. A communication dated August 9, 2012 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re: Enterprise Rent-A-Car Company of Boston, LLC – 248 Mishawum Rd. – To modify existing Special Permit dated February 4, 1992 to further allow for the sale and rental of commercial trucks with fixed trailers pursuant to Section 5.1.45

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on August 7, 2012, the Planning Board voted to send  a favorable recommendation to the City Council on the Special Permit application of Enterprise Rent-A-Car Company of Boston, LLC, regarding the property at 248 Mishawum Road to modify existing Special Permit dated February 4, 1992 to further allow for the sale and rental of commercial trucks with fixed trailers pursuant to Section 5.1.45 subject to the following conditions:

1. That motorcycles shall not be allowed for sale or rental as restricted in the 1992 Special Permit;
2. That the rental of truck trailers shall be allowed and stored on site in accordance with the  parking shown on the revised plans labeled Option A-3 Scale 1/64” = 1’;
3. That the trucks stored on the site shall be no larger than a 26’ box truck, 24’ stakebed truck, 15’ parcel van and shall also allow pickup trucks and cargo vans not exceeding 2,500 lbs. payload; and
4. That the number of parking spaces required by the Woburn Zoning Ordinance shall be complied with.

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 6, 2012 to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer as follows:

Subject: 248 Mishawum Road – Enterprise Rent-A-Car Special Permit – Special Permit Application Dated May 8, 2012

The applicant is seeking permission to modify a previously approved special permit dated February 4, 1992 to allow for the sale and rental of automobiles and trucks as well as trucks with fixed trailers.

The special permit application includes and existing site overview aerial photo as well as a proposed traffic flow plan.

It would appear that parking spaces would be eliminated under the proposed submission. The applicant will need to submit a zoning summary table outlining the required and provided parking spaces. This is necessary to determine if there will be sufficient parking for the site.

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

Appearing for the petitioner was Becky L. Marcinkevich, Regional Operations Manager and she state that the petitioner currently can rent cars and trucks but cannot rent truck trailers, that the trailers are not detachable, that the definition is not clear enough to define a trailer that cannot be detached from a trailer and one that can be detached, that therefore  special permit is being requested, that the number of pick-up trucks and vans will likely decrease, that the car sales division has 50 to 60 vehicles, that the rental division has 120 to 150 vehicles depending on the time of year, that if the rental cars are on the property they are not making money, that the goal is to have an occupancy level of 85% with a 90% maximum which would mean 10% on the lot, that the petition would allow for additional vehicles but some current vehicles would be moved over to the truck rental fleet, that the locus is 4,28 acres, that the building footprint is 13,000 to 14,000 square feet, that it is a two story building, that there is a garage bay inside the building for washing vehicles but not for repairs, that all mechanical work is outsourced, and that there is a lot of space in the building for offices. Scott Stiber stated that he was with the commercial truck division, that the petitioner will start with 20 vehicles, that the number of vehicles may increase to 105, that 35% of the vehicles would be box trailers, that there will be 8 to 10 vehicles parked on the property at any one time, and that there will be three additional staff members over the current staff level. Alderman Drapeau stated that he has used the services of this business, that this is a good professional operation, that the petitioner provides good employment opportunities, that the lot is remote and not clearly visible from the street, and that he supports the petition. Alderman DiTucci stated that she has used the petitioner’s services. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 18, 2012 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 Hannaford & Dumas Corporation, 26 Conn Street, Woburn, Massachusetts 01801 for a special permit pursuant to Sections 5.1.42, 7.3, 8.7.10 and 15 of the 1985 Woburn Zoning Ordinances, as amended, to modify a special permit issued January 31, 2012 to allow for the alteration of the existing nonconforming structures and use as follows: 1. The construction of two additions providing for a combined total of approximately 14,388 additional gross floor area to be used for office (7,000 s.f. g.f.a.), warehouse space (16,448 s.f. g.f.a.), and light manufacturing (20,046 s.f. g.f.a.), 2. Construction of the additions within the Groundwater Protection District, and 3. Allow for loading space to front on Conn Street, at 24-26 Conn Street. A communication dated August 9, 2012 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re: Hannaford & Dumas Corporation – 24-26 Conn Street – To allow for the alteration of the existing nonconforming use and structures with the construction of 2 additions with a combined total of 14,388 additional gross floor area(GFA) in a Groundwater Protection District: the total usage of the existing and proposed structures shall be 7,000 S.F. of GFA of office; and 16,448 S.F. of GFA of warehouse: and 20,046 S.F. of G.F.A of light manufacturing and to allow for loading space to front on Conn St. pursuant to Sections 5.1.42, 7.3, 8.7.10, and 15

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on August 7, 2012, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Hannaford & Dumas Corporation, regarding the property at 24-26 Conn Street to allow for the alteration of the existing nonconforming use and structures with the construction of 2 additions with a combined total of 14,388 additional gross floor area(GFA) in a Groundwater Protection District: the total usage of the existing and proposed structures shall be 7,000 S.F. of GFA of office; and 16,448 S.F. of GFA of warehouse: and 20,046 S.F. of G.F.A of light manufacturing and to allow for loading space to front on Conn St.

pursuant to Sections 5.1.42, 7.3, 8.7.10, and 15 subject to the following conditions:

1. That the approval shall be based on the plan entitled “Site Layout & Utilities” sheet 2 of 2 dated May 2012, Revised 7/24/2012 unless modified by the conditions of this Special Permit;
2. That the water and sewer lines shall be relocated as required by the Engineering

Department at the time of building permit;

1. That the four parking spaces at the loading area shall be marked “for employees only”; and
2. That a landscaping plan shall be provided to and approved by the Planning Board.

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 communication dated August 6, 2012 to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer as follows:

Subject: 24 & 26 Conn Street – Special Permit – Revised Plans Dated July 24, 2012 – Special Permit Application Dated June 1, 2012

The applicant has submitted as special permit application to allow for the construction of two additions and to allow for loading space to front on Conn Street.

Upon review of the revised materials, this office offers the following comments.

Water & Sewer

The existing conditions plan show water and sewer services that are located between #24 and #26 Conn Street. This is the same location where the proposed 1 story addition is to be located. The plan does not show if the existing services will be relocated or the location of any proposed utility connections. Any modification of services for the building can be addressed when the applicant submits a building application.

Drainage

The site layout plan shows proposed site drainage being mitigated via openings in the curbing in two different locations. There is a notation at the north westerly corner that pavement will be removed and wetland plants/erosion control/restoration is proposed for that area to help with stormwater runoff.

A drainage narrative and calculations have been submitted show that the post development runoff conditions will not exceed predevelopment runoff conditions. This office takes no exception to the calculations as submitted.

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

A report was received from the Committee on Special Permits as follows: “ought to pass, with the conditions as follows: 1. The Plan of Record is the plan dated May 2012, Revised 7/24/2012, 2. That the four spaces at the loading zone area be marked “For

Employees Only”, and 3. That the tree at the southeasterly corner of lot (across from 43

Conn Street) be removed.” Appearing for the petitioner was Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petitioner has met with the Committee on Special Permits and with the Planning Board, that the petitioner requests that the committee report be adopted, that the hours of operation for the business will remain the same, and that the tree referenced in the committee report has been removed. Doug Miller, Goldsmith, Prest & Ringwall, Inc.,

39 Main Street, Suite 301, Ayer, Massachusetts 01432 stated that the existing landscaping will remain, and that some impervious material will be removed near the railroad bed and will return to grass as a natural cover. Alderman Gately stated that he will request that a snow plowing plan be filed. IN FAVOR: None. OPPOSED: 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 four recommendations fo the Planning Board be adopted as conditions of the special permit, 2. That the conditions in the report of the Committee on Special Permits be adopted as conditions of the special permit, and 3. That the petitioner shall file a snow plowing plan with the Department of Public Works, all in favor, 9-0.

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On the petition by Hess Corporation f/k/a Amerada Hess Corporation, One Hess Plaza, Woodbridge, New Jersey 07095 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.46a, 51.46b, 5.1.22a note 16, and 7.3 to amend a special permit dated December 26, 2008 for self-service/full service gasoline station with convenience store to allow for modified location for proposed canopy signage and to amend Condition #14 regarding proposed curbing, at 306 Montvale Avenue. A communication dated August 9, 2012 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re:  Hess Corporation, f/k/a Amerada Hess Corporation – 306 Montvale Ave. – To amend Special Permit to allow for modified location for proposed Canopy Signage and to amend condition #14 regarding proposed curbing

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on August 7, 2012, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Hess Corporation, f/k/a Amerada Hess Corporation, regarding the property at 306 Montvale Ave. to amend the December 2, 2008 Special Permit for this site by allowing the modified location for the proposed Canopy Signage and to amend condition #14 regarding the proposed curbing subject to the following conditions:

1. That Condition #14 of the December 2, 2008 decision shall be modified to read: “All proposed curbing within the property shall be granite curbing, except that bituminous curbing shall be allowed on the property line of the adjacent Washington Street residential property owned by Robert McSheffrey north of  the fence located on that side of the property.”;
2. That  an additional condition be added to the December 2, 2008 decision to read:“The location of the two (2) proposed canopy signs previously approved shall be modified and to be allowed on the southwesterly corner of the canopy as set forth in the plan sheet entitled “Canopy Sign Plan”, revised through May 31, 2012.”; and
3. That all other conditions of the December 2, 2008 decision shall remain in full force and effect unless modified by this decision.

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

Appearing for the petitioner was Attorney Mark T. Vaughan, Riemer & Braunstein, LLP, 7 New England Executive Park, Burlington, Massachusetts 01803-5008 and he stated that this is a minor amendment, that the special permit was originally approved in 2008, that the project was recently completed, that the original plan referred to two proposed canopy signs on the northwesterly canopy, that the more appropriate location for the signs would be on the southwesterly corner of the canopy at the Montvale Avenue intersection with Washington Street as it will be more of a convenience for motorists and will be away from the residences, that part of the construction included the installation of a fence, that adjacent to the McSheffrey property curbing was installed, that a decision was made in the field to accommodate the residential property owner with respect to the curbing, that the neighboring property owner does not object to the curbing, that the original sign was not consistent with what should have been installed but has since been modified in height and the issue with that sign have been resolved. Attorney Vaughan filed a copy of a letter from Robert McSheffrey requesting that the rolled bituminous berm curb be allowed to remain as constructed. Alderman Mercer-Bruen stated that this petition is not a minor change and she appreciates that the petitioner made this full filing to address the issues. IN FAVOR: None. OPPOSED: 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 three recommendations of the Planning Board be adopted as conditions of the special permit, all in favor, 9-0.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

FINANCE:

On the Order to transfer the sum of $150,000.00 from BLS Receipts to Ambulance Maintenance Acct $50,000.00 and Ambulance Salaries Acct $100,000.00, 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 17, 2012               s/Scott D. Galvin August 17, 2012

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On the Order to transfer the sum of $54,440.00 from Traffic Safety Infrastructure Acct to Upgrade to MWRA Meter 230, 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 17, 2012  s/Scott D. Galvin August 17, 2012

************************* PUBLIC SAFETY AND LICENSES:

On the petition by Michael Pendolino dba North Shore Coin for a new License to Purchase and Sell Second-Hand and Personal Articles of Value and Collectibles, 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 Mayor on August 17, 2012 and ten days having elapsed without same being approved, said License became effective without his signature on August 28, 2012.

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 On the petition by Cambridge Road Auto Service, Inc. dba Woburn Plaza Shell for renewal of a Second Class Motor Vehicle Sales 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 Mayor on August 17, 2012 and ten days having elapsed without same being approved, said License became effective without his signature on August 28, 2012.

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

On the reappointment of William J. Angelo as a Member of the Board of Trustees of the Woburn Public Library, 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 17, 2012               s/Scott D. Galvin August 17, 2012

************************* ORDINANCES, CHARTER AND RULES:

On the Order to amend Rule 19 of the Rules and Orders of the City Council, committee report was received as follows: “ought to pass, amended as follows:

ORDERED     That Rule 19 of the Rules and Orders of the City Council be stricken in its entirety and the following new Rule 19 be inserted in its place:

Rule 19. Preparation of Order of the Day

The Clerk shall prepare for use of the Council at each meeting a Meeting Notice consisting of a list of topics that the President reasonably anticipates will be discussed at the meeting including, but not limited to, a schedule of all Ordinances, Petitions, Committee reports,

Communications from City Official or Others, Orders and Resolutions, which are filed in the Office of the City Clerk by 1:00 p.m. on the Thursday before the meeting.  For Special Meetings, the Meeting Notice shall consist of all matters relevant to the call of the Special Meeting, or such other matters as authorized by the President, filed in the Office of the City Clerk by 1:00 p.m. on the second business day before the meeting.  The list of topics shall have sufficient specificity to reasonably advise the public of the issue to be discussed at the meeting.  The same shall be termed the “Order of the Day”.  Any Committee report filed in the Office of the City Clerk at least by 1:00 p.m. on the day of a Regular or Special Meeting of the City Council shall be read by the City Clerk into the Order of the Day under the designation “Committee Reports” and may be taken up by the City Council as a timely filed matter so long as the matter addressed by the Committee Report was identified as a topic to be discussed at the meeting in the Meeting Notice.

The Meeting Notice shall be printed in a legible, easily understandable format and shall contain the date, time and place of such meeting.

The Clerk shall timely post the Meeting Notice in the manner set forth in

M.G.L. c.30A, section 20 and the regulations promulgated by the Attorney General as set forth in 940 CMR 29.00 as the same may be amended from time to time.

In an emergency, the notice shall be posted as soon as reasonably possible prior to such meeting.”

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

_________________________

NEW PETITIONS:

Petition by Hashem Obaid dba Logan Taxi, 329 Washington Street, Woburn,

Massachusetts 01801 for transfer of a Taxi Cab License from Abdulla Nasser. 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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Petition for transfer from CRP-2 Holdings Wildwood, LLC to Fairlane Wildwood, LLC of Inflammable License at 275 Wildwood Avenue. 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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Petition by Stephen Allen dba Allen’s Antiques, 256 Salem Street, Woburn,

Massachusetts 01801 for a new License to Purchase and Sell Second-Hand and Personal

Articles of Value and Collectibles. 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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Petition by Woburn Cab Co. Inc., 100 Ashburton Avenue, Woburn, Massachusetts 01801 for renewal of Livery License for three 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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Petition by Woburn Cab Company Inc., 100 Ashburton Avenue, Woburn, Massachusetts

01801 for renewal of Taxi Cab Licenses for twelve 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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Petition by National Grid for a grant of right in a way to extend gas main 360 feet on

Newbridge Avenue and Main Street to serve 857 Main Street. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING ON SEPTEMBER 4, 2012, all in favor, 9-0.

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Petition by National Grid for a grant of right in a way to extend gas main 185 feet from Burlington Street on Thistle Road to serve 27 Thistle Road and 30 Thistle Road. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING ON

SEPTEMBER 4, 2012, 8 in favor, 0 opposed, 1 abstained (Haggerty abstained).

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Petition by Festival on Common, c/o Gary Fuller, 80 Arlington Road, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.1.75 of the 1985 Woburn Zoning Ordinances, as amended, to allow a festival on November 24, 2012 on Woburn Common. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING ON SEPTEMBER 4, 2012, all in favor, 9-0.

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Petition by Coviello Electric and General Contracting Co., Inc., 77 Mystic Avenue, Medford, Massachusetts 02155 for a special permit pursuant to Sections 5.1.57b and 15 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the outside storage and parking of commercial motor vehicles, trucks and contractor’s equipment at 23-25 Garfield Avenue. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING ON SEPTEMBER 18, 2012, all in favor, 9-0.

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Petition by PPG Industries Inc., 1 PPG Place, Pittsburgh, Pennsylvania 15272 for a special permit pursuant to Sections 5.1.42 and 5.1.57b of the 1985 Woburn Zoning Ordinance, as amended, to operate a wholesale paint business and for accessory parking of one commercial vehicle at 35 Industrial Parkway. Motion made and 2^nd that the

MATTER be REFERRED TO PUBLIC HEARING ON SEPTEMBER 18, 2012, all in favor, 9-0.

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Petition by Great Saves Concepts #30, LLC, 2 Black Horse Terrace, Winchester, Massachusetts 01890 for a special permit pursuant to Section 5.1.29 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a fast food restaurant to be located within the existing building location at 103 Commerce Way. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING ON SEPTEMBER 18, 2012, all in favor, 9-0.

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Petition by WJP Realty Trust, P.O. Box 2555, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.71 of the 1985 Woburn Zoning Ordinances, as

amended, to allow for a commercial parking lot at 210 New Boston Street. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING ON SEPTEMBER

18, 202, all in favor, 9-0.

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Petition by Roman Catholic Archbishop of Boston, 66 Brooks Drive, Braintree,

Massachusetts, landowner, and 859 Main Development LLC, 215 Lexington Street,

Woburn, Massachusetts 01801, applicant, to amend the Zoning Map of the City of Woburn by changing the zoning district for a portion of the parcel of land known as 859

Main Street containing approximately 29,973 square feet of land identified as Parcel C,

Main Street as shown on a plan be Keenan Survey, entitled “Approval Not Required, 859 Main Street, Woburn, Massachusetts” dated April 17, 2012 and Parcel A containing approximately 18,181 square feet as shown on a plan by Keenan Survey entitled “Approval Not Required, 859 Main Street, Woburn, Mass.” dated March 11, 2011 from the R-1 zoning district to the Intergenerational Overlay District. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING ON SEPTEMBER 4, 2012, all in favor, 9-0.

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Petition by Woburn Armory LLC to amend the Zoning Map of the City of Woburn by changing the zoning district for the entire parcel known as 286 Main Street a/k/a 320 Main Street, containing approximately 38,344 square feet of land as shown on a plan by

Design Consultants, Inc., entitled “Plan of Land in Woburn, Massachusetts” dated June

23, 2005 from the R-2/B-D zoning districts to the B-D zoning district. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING ON OCTOBER 2, 2012, all in favor, 9-0.

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Petition by Woburn Armory LLC to further amend the 1985 Woburn Zoning Ordinances, as amended, as follows:

Be it Ordained by the City Council of the City of Woburn that the 1985 Woburn Zoning Ordinances, as amended, be further amended as follows:

1. By revising Section 11.11 entitled “Affordable Housing Requirement” by adding a new Paragraph 8 to Section 11.11 as follows:

“8.  The City Council by majority vote, may waive the requirements of this Section 11.11 if the development includes dwelling units in a building deemed “Significant” by the Woburn Historical Commission.”

1. By revising Section 18.8.2 “Waivers” by adding the following language to the end of Paragraph 18.8.2 as follows:  The “period” after “site” shall be deleted and the following language added:  “or the renovation, rehabilitation or redevelopment of a building deemed “Significant” by the Woburn Historical Commission.”

By Woburn Armory LLC, landowner

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

OCTOBER 2, 2012, all in favor, 9-0

_________________________

COMMUNICATIONS AND REPORTS:

A communication dated July 20, 2012 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 2012: number of parking violations issued 394, number of violations paid 196, number of violations outstanding 178, amount collected and submitted to the Office of the Collector $16,424.40. There exists a backlog of 5,899 tickets for 1982 through 2011. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $2,150.00.

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

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, 2012 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 2012. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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A copy of a communication dated July 12, 2012 to the Elections Division,

Commonwealth of Massachusetts was received from City Solicitor Ellen Callahan

Doucette requesting the Secretary of the Commonwealth to place on the State ballot for November 6, 2012 the proposed City of Woburn ballot question regarding licenses for the sale of wine and malt beverages according to Chapter 91 of the Acts of 2012. 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 5, 2012 was received from City Solicitor Ellen Callahan Doucette relative to the application of the Open Meeting Law to City Council committee meetings. Motion made and 2^nd that the MATTER be REFERRED TO THE COMMITTEE ON LIAISON, all in favor, 9-0.

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A copy of a communication dated August 9, 2012 to Steven L. Cicatelli, 266 Main Street, Stoneham, Massachusetts 02180 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re: Lannan Family LLC – 40 Winn St. – Landscape Plan

Dear Mr. Cicatelli:

At the August 7, 2012 Planning Board Meeting, the Board approved the landscape plan entitled “Proposed Landscape Plan” Lannan Chevrolet 40 Winn Street, Woburn, MA, Sheet L-1, dated 7/9/12 revised 7/12/12.

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

Sincerely, s/Edmund P. Tarallo, Planning Director

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

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A copy of a communication dated July13, 2012 to the Woburn Board of Appeals was received from Michael J. Newhouse, Chairman, Board of Selectmen, Town of Wilmington, 121 Glen Road, Wilmington, Massachusetts 01887 relative to concerns of the Town of Wilmington with a proposed truck route associated with the proposed affordable housing project on Main Street near the Wilmington line. 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, 2012 was received from Edward P. Finn, City Clerk,

Medford City Hall, Room 103, 85 George P. Hassett Drive, Medford, Massachusetts 02155 requesting a response to a Medford City Council resolution concerning the transportation costs borne by non-Minuteman district schools. Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.

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A request for a release of easement at 9 Ledgewood Road received from Patricia Trotta.

A communication dated August 13, 2012 was received from Attorney Lora M. McSherry, Phillips, Gerstein & Channen LLP, 25 Kenoza Avenue, Haverhill, Massachusetts 01830

requesting that the matter be allowed to be withdrawn without prejudice. Motion made and 2^nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT

PREJUDICE, all in favor, 9-0.

_________________________

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

APPOINTMENTS AND ELECTIONS:  None.

_________________________

MOTIONS, ORDERS AND RESOLUTIONS:

ORDERED                 That the following list of Wardens, Clerks, Inspectors and Substitutes be approved for all Elections between September 1, 2012 and August 31, 2013:

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

s/President Denaro

Motion made and 2^nd that the ORDER be ADOPTED, 7 in favor, 0 opposed, 2 abstained (Drapeau, Haggerty abstained).

Presented to the Mayor: August 17, 2012               s/Scott D. Galvin August 17, 2012

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ORDERED     That pursuant to the 1989 Woburn Municipal Code, as amended, Title 3, Article I, Section 3-6 the City Clerk is hereby authorized to dispose of one Dell Dimension 2350 with serial number CN0G1494-70821-343-33FB, one Dell Optiplex 360 service tag number 4JHMJG1, one Optiquest monitor, one Dell monitor, one HP monitor and ancillary accessories which the City Clerk has determined are of no value to the department and which no other department has expressed an interest in obtaining.

s/President Denaro

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

Presented to the Mayor: August 17, 2012               s/Scott D. Galvin August 17, 2012

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ORDERED     That Rule 1 of the Rules and Orders of the City Council be amended by deleting the numbers “7:30” and inserting the numbers “7:00” in its place.

s/President Denaro

Motion made and 2^nd that the ORDER be ADOPTED, AS AMENDED with the amendment as follows: “To commence with meeting of September 18, 2012”, all in favor, 9-0.

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ORDERED     WHEREAS, there presently exists a structure or structures located in the City of Woburn, Massachusetts known and numbered as 6-8

Robinlea Circle; and

WHEREAS, the said building or buildings and the property is generally not being properly maintained;

NOW, THEREFORE, BE IT ORDERED be the City Council of the City of Woburn that the City Clerk and Clerk of the City Council schedule a public hearing pursuant to Mass. General Laws Ch. 139, Sec. 1, et. seq., and give notice thereof to the owner of said building or buildings, said hearing to be conducted for the purposes of determining whether said building or buildings are a nuisance, a nuisance to the neighborhood, dilapidated or dangerous building or buildings or other structure or structures, as said terms are used in Mass. 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.

s/Alderman Raymond

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

Presented to the Mayor: August 17, 2012               s/Scott D. Galvin August 17, 2012

_________________________

Motion made and 2^nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:37 p.m.

A TRUE RECORD ATTEST:

William C. Campbell

City Clerk and Clerk of the City Council