Meeting Agenda

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

CITY OF WOBURN

FEBRUARY 3, 2015 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

Anderson – absent Gaffney

Concannon Gately

DiTucci Mercer-Bruen Drapeau Raymond

Haggerty

_________________________

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

_________________________

MAYOR’S COMMUNICATIONS:

ORDERED That the sum of $750.00 be and is hereby appropriated from Cemetery Interest Fund to the Cemetery Salary Acct 0149051-511000

I hereby approve the above: s/William E. Kerns, Chairman

I hereby recommend the above: s/Scott D. Galvin

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

s/President Haggerty

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

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

ORDERED That the sum of $13,000.00 be and is hereby transferred as so stated from

Unemployment Compensation Acct #0198051-517300 $13,000.00 to

Mayor’s Salary 0112151-511000 $8,000.00, Mayor’s Maintenance

0112154-542010 $2,000.00, Law Dept Salary Acct #0115151-511000 $3,000.00, Total $13,000.00 – Purpose: Community Drug Outreach

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

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

s/President Haggerty

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

ORDERED That the amount of $25,000.00 be and is hereby appropriated from BLS/Ambulance Receipts Acct #31359-590000 $25,000.00 to

Fire/Ambulance Maintenance Acct #0122054-544300 $25,000.00

I hereby recommend the above: s/Scott D. Galvin

I hereby approve the above: s/Timothy J. Ring, Chief, Fire Department

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

s/President Haggerty

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

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

ORDERED That the following authorized and unissued bond authorization be and is hereby rescinded:

Original Purpose: Leland Park Remediation and Construction of a Splash Park

Original Date Authorized: 4/1/2014

Original Amount Authorized: $1,300,000.00

Amount to be rescinded: $1,300,000.00

This is a duplicate authorization and is hereby rescinded.

s/Mayor Scott Galvin s/City Auditor Gerald Surette

s/President Haggerty

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

_________________________

PUBLIC HEARINGS:

On the petition by Jennifer Hardin and Scott Hardin, 35 Avalon Road, Reading,

Massachusetts 01867 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended to allow for the change, extension and alteration of the existing nonconforming structure and nonconforming use (three residential units within two structures on one lot) to allow for the addition to one of the structures to provide for a total of four (4) dwelling units (two in each structure) and for a finding the such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood, at 19 Traverse Street. PUBLIC HEARING OPENED. A communication dated January 22, 2015 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 Jennifer and Scott Hardin, 19 Traverse Street, Woburn,

Dear Mr. Campbell:

I respectfully request that the City Council public hearing on this matter presently scheduled for February 3, 2015 be continued to the City Council meeting on February 17, 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, 8-0-1 (Anderson absent). PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF

THE CITY COUNCIL ON FEBRUARY 17, 2015, all in favor, 8-0-1 (Anderson absent).

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

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 January 14, 2015 was received from Tina Cassidy, Planning Director, Planning Board as follows:

Re: Oclen Realty Trust – zoning map amendment request to rezone five parcels of land on Baldwin Ave., White Street, Monks Street, Dexter Ave. Warren Ave. and Chester Ave. and portions of Monks Street, Warren Ave., Chester Ave. and Dexter Ave.

from O-P and R-2 Zoning Districts to the R-3 Zoning District

Dear Honorable Council:

At a meeting held on December 16, 2014, the Planning Board conducted a public hearing on the above referenced zoning map change. The Board also conducted a site visit to the property and the immediate vicinity on January 10, 2015.

Please be advised that following the Board’s deliberations, the Planning Board voted unanimously to recommend to the City Council that the proposed amendment to the zoning map be adopted.

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

Respectfully, s/Tina Cassidy, Planning Director

A communication dated January 28, 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:

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, 8-0-1 (Anderson absent). Appearing for the petitioner was Attorney Joseph R. Tarby, III and he stated that the Committee on Ordinances will require additional time to review the matter and therefore he requests that the matter be continued to a March City

Council meeting. PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC

HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON MARCH 3, 2015, all in favor, 8-0-1 (Anderson absent).

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

On the petition by NSTAR Electric Company for a grant of right in a way to install conduit a distance of about 40 feet in Wyman Street southwesterly from pole 242/20 approximately 37 feet north of Brae Circle, to install conduit a distance of about 22 feet in Wyman Street easterly from pole 242/21 approximately 25 feet west of Brae Circle,

and to install conduit a distance of about 2274 feet in Brae Circle at and southerly at intersection of Wyman Street. PUBLIC HEARING OPENED. Appearing for the petitioner was Jacqueline Duffy, Right of Way Agent, NSTAR Electric Company and she stated that the plans that the Superintendent of Public Works requested are not ready and therefore the petitioner requests the matter be continued. PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MARCH 3, 2015, all in favor, 80-1 (Anderson absent).

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

Alderman Gately stated that he recused himself from participation in the following matter to avoid the appearance of a conflict of interest.

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

On the petition by NSTAR Electric Company for a grant of right in a way to install conduit in Wyman Street easterly from pole 242/33 approximately 110 feet east of

Jericho Road a distance of about 112 feet continuing northerly a distance of about 36 feet PUBLIC HEARING OPENED. Appearing for the petitioner was Jacqueline Duffy, Right of Way Agent, NSTAR Electric Company and she stated that the petition is to provide service to a new four lot subdivision. PUBLIC COMMENTS: None. Motion made and

2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON FEBRUARY 17, 2015, 7 in favor, 1 absent (Anderson absent), 1 abstained (Gately abstained).

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

Motion made and 2^nd to take the following matter out of order, all in favor 8-0-1 (Anderson absent).

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

On the petition by Capco Energy Supply Inc., 10 Industrial Parkway, Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.42, 5.1.57b, 7.3, 8.63 and 12 to allow for alteration of existing nonconforming use and structure as follows: 1. Continuation of preexisting nonconforming use as a distribution business; 2. Overnight parking of commercial vehicles; 3. Construction of an addition containing approximately 3,888 square feet to rear of existing building; 4. Elimination of one (1) of the three (3) loading docks in front of the building; and 5. Allow for continuance of existing area and landscaping requirements, at 3 Rath Road. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits as follows: “ought to pass conditioned upon the comments from the Planning Board (per letter dated December 30, 2104) along with additional conditions as follows: 1. That the oil-water separator installation shall be subject to the approval of the Building Department; 2. That as part of the elimination of one loading dock, said extra door shall be bricked in; 3. That commercial vehicles shall be parked inside; 4. That all commercial vehicles shall be registered in the City of Woburn; and 5. That the above-ground oil tank on the south side of building be removed when the gas services are in place. Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he requested that committee report be adopted. Attorney Tarby offered two documents to the City Council entitled “Proposed Conditions to Special Permit – Capco Energy Supply – Property at 3 Rath Road, Woburn, MA – Per Special Permits Committee – January 26,

2015” and Revisions Submitted by Murtha Cullina LLP – Proposed Conditions to Special Permit – Capco Energy Supply – Property at 3 Rath Road, Woburn, MA – Per Special

Permits Committee – January 26, 2015” for the City Council to review. Motion made and

2^nd that the documents be received and made part of the record, all in favor, 8-0-1

(Anderson absent). Attorney Tarby offered a plan of record entitled “Proposed

Improvements, 3 Rath Road, Woburn, MA 01801” dated November 17, 2014, revised 12/29/14, revised 01/05/15 prepared by Eugene T. Sullivan, Inc. 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, 8-0-1 (Anderson absent). PUBLIC COMMENTS: None. Motion made and 2^nd that the public hearing be closed, all in favor, 8-0-1 (Anderson absent). PUBLIC HEARING CLOSED. Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the conditions as follows:

That six (6) compact car spaces should be identified as such with signage.
That the oil-water separator installation shall be subject to the approval of the Building Department.
That as part of the elimination of one loading dock, said extra door shall be bricked in.
That commercial vehicles shall be parked inside.
That all commercial vehicles shall be registered in the City of Woburn.
That the above-ground oil tank on the south side of building be removed when the gas services are in place.
That the plan of record shall be the plan entitled “Proposed Improvements, 3 Rath Road, Woburn, MA 01801” dated November 17, 2014, revised 12/29/14, revised 01/05/15 prepared by Eugene T. Sullivan, Inc.

all in favor, 8-0-1 (Anderson absent).

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

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

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

On the petition by NASDI, LLC, 39 Olympia Avenue, Woburn, Massachusetts 01801 for a special permit pursuant to Sections 5.1.57a, 5.1.57b, 7.3 and 9 of the 1985 Woburn Zoning Ordinances, as amended to allow for the outside storage and parking of commercial motor vehicles, commercial trailers, trucks and contractor’s equipment within the Flood Plain District at 39 Olympia Avenue. PUBLIC HEARING OPENED. A communication dated January 28, 2015 was received from Neil Cronin, Planner, Woburn Planning Board as follows:

Re: Planning Department Comments on Special Permit Application for NADSI, LLC at 39 Olympia Avenue

Dear President Haggerty and Aldermen:

The Planning Department has reviewed the request to allow for the outside storage and parking of commercial motor vehicles, commercial trailers, trucks and contractor’s equipment within the Flood Plain District at 39 Olympia Avenue pursuant to Sections 5.1.(57a), 5.1.(57b), 7.3 and 9 of the Woburn Zoning Ordinance. The property is located in the I-P zoning district and the requested uses are allowed by City Council special permit.

After a discussion with the petitioner’s attorney and review of the provided plan, the proposed use would allow the petitioner to park commercial vehicles and contractors’ equipment used in conjunction with his demolition, abatement, and remediation business. The petitioner requests permission to park commercial vehicles consisting of vans, trucks, and trailers and equipment consisting of generators, lifts, dumpsters, and excavators outside of the existing building. The parking area will be secured by an electric gate and inaccessible by the public. In addition, the area will be screened from the public by existing landscaping, and 350 Series Commercial 90% Privacy Gold Fence Screen or approved equal. The applicant is requesting that the Council find this screening to be sufficient to address the requirement that outside refuse areas be screened with a sight-impervious fence.

The Planning Department recommends the following conditions:

An updated plan of record be prepared that identifies adequate snow storage area(s). Once the plans have been revised to depict adequate and appropriate snow storage areas, the plans so revised should be cited in the blank space in the following recommended condition of approval:

“Unless otherwise authorized, all construction shall conform to the Plan of Record which for this project shall be “_____________________________________”.

If the Council chooses to grant the special permit in accordance with Section 5.1.57a (use of accessory storage or parking of storage container, storage trailer, commercial trailer or semi trailer) the authorization should only be granted for a period of time not to exceed one year per Section 5, Note 17 of the Woburn Zoning Ordinance. It should be noted that the Woburn Zoning Ordinance does not impose the same time restrictions for uses granted a special permit under Section 5.1.57b.

All vehicles that will be parked on site overnight must be registered in the City of Woburn.

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.

Section 8.5.1. of the Zoning Ordinance requires security lighting for all parking facilities “which are used at night”. If the Council determines that the overnight parking of vehicles equates to the lot being “…used at night”, then the following condition of approval should be included:

“The plans should be revised to incorporate details of security lighting.”

There shall be no exterior washing of vehicles or equipment on site and no interior washing of vehicles or equipment unless an oil-water separator is installed in the building.

Any debris or processed materials that will be stored on site shall be stored in accordance with all applicable state and local regulations.

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

Sincerely, s/Neil Cronin, City Planner

Appearing for the petitioner was Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the building was recently a food warehouse of the New England Food Cooperative, that the petitioner was founded in 1976, that the petitioner has been the top demolition company in the United States for many years, that the petitioner will be consolidating three offices to this one location, that the building will be used for the corporate office, for storage of materials and supplies and will lease one-half of the building, that the petitioner will have 30 full-time staff members including administration, project management, IT and estimating, that the hours of operation will be 7:00 a.m. to 5:00 p.m. Monday through Saturday with additional hours as demands require, that there will be fourteen offices, a conference room, reception room and cubicles, that the building will not be open to the public, that there will be security cameras on the office and on the property, that there will be no gasoline or fuel stored inside the building, that there will be no gas powered forklift, that the petitioner will have an electric forklift, that drivers leave the facility at 6:00 a.m. and return 3:00 p.m. each day, that there will be no retail sales from the location, that there is only wholesale at this location, that only NASDI-owned commercial plated vehicles will be parked on site, that there will be four to ten trucks trips at the site per day, that the outside storage will include flatbed trucks and air compressors, that the petitioner reviewed the report of the Planning Department and has no objections to the recommendations, that this will not be a construction yard, that there will be no disposal of construction materials, that part of the petitioner’s work is asbestos abatement, that asbestos waste is not considered hazardous waste but special waste, that some of the waste material is delivered to a location in Billerica, that the asbestos waste is stored in a secure area, in a storage truck double-lined with polyethelyne and with warning signs, that at a job site the asbestos is wetted and sealed in a container which is placed in a plastic bag and then sealed in a second plastic bag and then put in a polyethelyne lined trailer before being brought to the site, that the process is regulated by the Department of Environmental Protection, that the asbestos is secured at the construction site before being transported to the site in Woburn, that the petitioner will provide the details as to the number and type of trucks, that this is a different company than the company that formerly operated on Holton Street, that the owners understand the concerns of the other former operation on Holton Street, that materials will not be dropped off at the site and crushed, and that there will be an electronically-operated gate and security cameras in the secure area. William Bergeron, Hayes Engineering, Inc., 603

Salem Street, Wakefield, Massachusetts 01880 stated that the security lighting is

adequate for the site, that the snow storage is indicated on the plan, that Normac Road is a dead-end street, that the petitioner is the only company in the building, that the front portion of the building is not currently occupied, that there is employee parking along the area near Normac Road, that that there is a secure area for overnight parking, that a total of 127 parking spaces are required and 129 parking spaces are available, that the equipment is currently parked in Stoughton, that there is additional secure parking for the employees, that there is screening on site, that everything exists on the property, that other than installing the enclosure on the fence and adding screening to the fence the fence is already on site, and that there would have to be an extreme event for there to be flooding in the flood plain zone. Alderman Mercer-Bruen stated that she is concerned about the transportation of asbestos, and that she wants to see details as to the type and number of trucks to be parked at the site. Alderman Gately stated that there was a company located on Holton Street that also had asbestos in sealed trucks, that the company was asked to leave that location, that she is concerned about the storage of asbestos near the flood plain, that he wants to know the size and number of trucks, how the vehicles will be fueled, whether there will be onsite fuel storage, and whether there will be storage of any chemicals, that he wants to see the storage plan, and that the storage trailer would require a new special permit each year. Alderman Raymond stated that he is concerned about the storage of asbestos, that he is concerned about construction materials being processed or ground on site, that he is concerned about outside storage of the asbestos being open to tampering, and that the petitioner may be reputable but if the outside storage is tampered with there could be an issue. Alderman Concannon stated that the company he works for has used the services of the petitioner and that he will abstain from participating in this matter until he obtains clarification on this issue of potential conflict. Alderman Drapeau stated that he has done business with the petitioner and will also abstain from participating in the matter until he obtains clarification on this issue of

potential conflict. PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON MARCH 3, 2015 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, 6 in favor, 0 opposed, 1 absent (Anderson absent), 2 abstained (Concannon, Drapeau abstained).

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

On the petition by Nicole Russo, 16 Otis Street, First Floor, Wakefield, Massachusetts 01880 for a special permit pursuant to Section 5.1.33b of the 1985 Woburn Zoning

Ordinances, as amended, to allow muscular therapy at 320 Washington Street, Suite 3950. PUBLIC HEARING OPENED. A communication dated January 16, 2015 was received from Tina P. Cassidy, Planning Director, Planning Board as follows:

Re: Planning Department Comments on Special Permit Application for Muscular Therapy at 320 Washington Street, Suite #3950

Dear President Haggerty and Aldermen:

The Planning Department has reviewed the request for a special permit to allow for a muscular therapy business at 320 Washington Street pursuant to Section 5.1.33(b) of the Woburn Zoning Ordinance. The property is located in an OP (Office Park) zoning district and the requested use is allowed by City Council special permit.

The application indicates that the therapist and petitioner, Nichole Russo, is a massage therapist licensed with the Massachusetts State Licensing Board of Massage Therapy. The business (Skin to Soul Massage) is currently located at an office building at 38 Montvale Avenue and would relocate to 320 Washington Street if the special permit is approved.

The proposed use would occupy a 3,423 sq. ft. suite of offices staffed by seven (7) therapists and an office manager. The application indicates that an average of fifty (50) clients per day would receive preventative health and pain relieving treatments at the location.

The proposed location on Washington Street has sufficient parking available for this use. The Planning Department believes the proposal will have a negligible impact on traffic or parking and therefore takes no exception to the special permit request. It does recommend the Council consider imposing the following as a condition of approval of the special permit:

1. That the Plan of Record shall be “Lease Plan, Nicole Russo d/b/a Skin to Soul Message (sic), 800 West Cummings Park Suite 3950, Woburn, MA; Scale: 1”=10’; Date: 11/26/14, revised 11/28/14; LSF: 3,423+; Drawn by: RM.”

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

Respectfully, s/Tina P. Cassidy, Director

Appearing was the petitioner Nicole Russo and she stated that the petitioner if for her muscular therapy business, that she is a licensed massage therapist, that the business is currently located at 38 Montvale Avenue in Stoneham, that she employs eleven other massage therapists, that after eight years at their current location the want to expand to large space in a more centrally located area, that the services will be in line with the other medical and physical therapy uses in the building, that there are two other muscular therapy uses in the building, that the hours of operation are 9:00 a.m. to 9:00 p.m. Monday through Saturday and 9:00 a.m. to 7:30 p.m. Sunday, that the business will use the parking lot, that they see an average of seven clients per hour, that the business will have negligible impact on the traffic in the area, that this is an established building, that there have been no violations of regulations in Stoneham, that new clients are usually generated by word of mouth, that they also do online advertising, that they do some work from insurance company referrals and workers compensation referrals, and that her advertising focuses on pain relief for clients. Alderman Gately stated that the application included the names and license numbers for her employees which shows how well the petitioner manages the business, and that he has no objections to the petition. PUBLIC COMMENTS: None. Motion made and 2^nd that the public hearing be closed, all in favor,

8-0-1 (Anderson absent). PUBLIC HEARING CLOSED. Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That the hours of operation shall be between 9:00 a.m. and 9:00 p.m. Monday through Saturday and between 9:00 a.m. and 7:30 p.m. Sunday, and 2. That the Plan of Record shall be “Lease Plan, Nicole Russo d/b/a Skin to Soul Message (sic), 800 West Cummings Park Suite 3950, Woburn, MA; Scale: 1”=10’; Date: 11/26/14, revised 11/28/14; LSF: 3,423+; Drawn by: RM.”, all in favor, 8-0-1 (Anderson absent).

_________________________

CITIZEN’S PARTICIPATION: None.

_________________________

COMMITTEE REPORTS:

PERSONNEL:

On the appointment of Michael McDonough as a Member of the Woburn Golf and Ski Authority, committee report was received “ought to pass”. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 8-0-1 (Anderson absent).