City Council – 02/19/2013

DATE 02/09/2013
TIME 7:00 pm
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

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

 

CITY OF WOBURN

FEBRUARY 19, 2013 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen – absent

                                                Gaffney

Raymond

       Denaro  _________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS: 

 

ORDERED     That the sum of $875,000.00 be and is hereby appropriated as so stated

from School Stabilization Fund Acct #704059-596100 $875,000.00 to Wyman/Hurld Feasibility Study Acct #0112158-588113 $875,000.00

 

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

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

 

s/President Denaro

 

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

_________________________

 

PUBLIC HEARINGS:  

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. Alderman Anderson stated that the Building Commissioner has been pursuing building and municipal code violations relative to the property and will be in the Woburn District Court on the matter tomorrow, that the lender on the property has begun foreclosure proceedings, that the City Solicitor is seeking the appointment of a receiver to oversee the management of the property, and that the matter should be continued. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MAY 21, 2013, 8 in favor, 0 opposed, 1 absent (MercerBruen absent).

 

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

On the petition by Woburn Auto Sales LLC, P.O. Box 158, North Billerica,

Massachusetts 01862 for a special permit pursuant to Sections 5.1.45 and 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the sale or rental of automobiles, trucks, truck trailers and motorcycles and for a Second Class Motor Vehicles Sales License at 1095R Main Street. PUBLIC HEARING OPENED. A communication dated February 11, 2013 was received from Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Woburn Auto Sales LLC, 1095R Main Street, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter presently scheduled for February 19, 2013 be continued to the City Council meeting on March 19, 2013. As a result of the snowstorm, my client’s surveyor was not able to finalize the revised plan. If you need any further information, please contact me. Thank you.

 

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

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd to accept the communication and make it part of the record and that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MARCH 19, 2013, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

 

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

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. PUBLIC HEARING OPENED. A communication dated February 8, 2013 was received from Attorney Joseph R. Tarby, 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:

 

On behalf of my client, I hereby request leave to withdraw without prejudice of the above-referenced Special Permit Petition. At the last City Council meeting I informed the City Council that the site plan was in the process of being revised. It is expected that that process will take several more weeks. As a result, rather than continue the Public Hearing once again, I am requesting a leave to withdraw without prejudice. It would be our intention to re-file the Special Permit Petition next month. If you need any further information, please contact me.

 

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

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

 

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

On the petition by Lawless Chrysler Jeep, Inc., 196 Lexington Street, 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 9 Forbes Road. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits as follows: “ought to pass, with the following conditions: 1. The Petitioner shall be limited to parking up to 180 cars on the property subject to said number being reduced as the building becomes occupied so that there are sufficient parking spaces as required under the Woburn Zoning Ordinance. There shall be no further occupants of the property unless and until the Special Permits Committee confirms there is sufficient parking for the new tenant(s).; 2. The Petitioner shall park its vehicles in the area designated on the Allen & Major plan dated October 4, 2011; 3. The issuance of this Special Permit is contingent upon the owner of record, 9 Forbes Road Investments LLC, filing a written statement with the City Clerk agreeing to be bound by the conditions of the Special Permit.; 4. The Petitioner shall file with the Building Commissioner on the 15th of each month a report with the number of vehicles parked on the Property; 5. That there shall be no parking of vehicles on Forbes Road at any time; 6. That this Special Permit shall expire one year from the date of issuance; 7. That there shall be no parking of vehicles in designated handicap parking spaces on the site.” Appearing for the petitioner was Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn,

Massachusetts 01801 and he stated that the plan submitted to the Committee on Special Permits showed 180 parking spaces, that where some of the parking was shown there were handicapped parking spaces that cannot be used, that the map has been marked up in orange to show additional parking that results in 180 parking spaces, that the area marked in orange indicates the additional nine parking spaces, that the petitioner is looking to use nine of the thirteen spaces available in the area marked in orange on the plan, that some of the parking spaces are perpendicular to Forbes Road, and that there are some parking spaces that face the building and some parking spaces that face Forbes Road. Attorney Tarby offered a copy of the plan marked in orange and dated February

19, 2013 for the City Council to review. Motion made and 2nd that the map be received and made part of the record. Jeff Wray, Director of Operations for the petitioner stated that three are thirteen parking spaces available in the area marked in orange on the plan but they do not need all of the parking spaces, and that this allows the petitioner to stay within the limit of 180 parking spaces. IN FAVOR: Michael Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that he supports the petition, that the petitioner is a longstanding business in the community, and that the petitioner is a good neighbor at its headquarters. OPPOSED: None. Motion made and 2               nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent). Motion made and 2nd that the  SPECIAL PERMIT be GRANTED, AS AMENDED with the amendments as follows: 1. That the Committee report be adopted as further amended, and 2. That proposed Condition 2 of the Committee report be revised as follows: 2. The Petitioner shall park its vehicles in the area designated on the Allen & Major plan dated October 4, 2011, revised February 19, 2013, 8 in favor, 0 opposed, 1 absent (MercerBruen absent).

 

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

On the petition by R.C. Olsen Cadillac, Inc., 201 Cambridge Road, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.7.71 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a commercial parking lot at 280 Salem Street. PUBLIC HEARING OPENED. A communication dated February 13, 2013 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: R.C. Olsen Cadillac, Inc. – 280 Salem Street – To allow for a commercial parking lot pursuant to Section 5.1.71

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on February 12, 2013, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of R.C. Olsen Cadillac, Inc., regarding the property at 280 Salem Street to allow for a commercial parking lot pursuant to Section 5.1.71 subject to the following conditions:

 

  1. That the number of vehicles shall be limited to 150 in accordance with the Plan entitled “Proposed Parking Plan, 280 Salem Street, Woburn, Mass.” dated January 23, 2013 prepared by Edward J. Farrell, Professional Land Surveyor, 110 Winn Street, Suite 203, Woburn, MA.; and
  2. The petitioner shall file with the Building Commissioner a letter relinquishing the City of Woburn from any and all liability for any cars damaged that are parked in the flood plain.

 

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 January 28, 2013 to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

 

Subject: 280 Salem Street – Commercial Parking Special Permit – Special Permit

Application dated January 25, 2013 – Proposed Parking Plan Dated January 23, 2013

 

The applicant is seeking a special permit to allow the parking of commercial parking vehicles at the above referenced location

 

The submitted parking plan shows the location and the amount of vehicles that will be parked on the subject property. However, a majority of the site including the area of the proposed parking is located within the FEMA 100 year flood plain.

 

It will be the discretion of the board whether to grant the special permit as submitted.

 

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

 

Appearing for the petitioner was Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the locus is located in the I-P zoning district, that the use requires a special permit, that the locus is 5.18 acres of land, that the property has been owned by Robert Holland since 2001, that there have been special permits approved allowing outside storage of vehicles by Winning Auto, auto repairs by Lenny’s Auto and outdoor storage of buses by Fiore, that the petitioner will park vehicles where Winning Auto and Fiore formerly parked their vehicles, that there are two auto repair businesses on site and the remainder of the building is used for an office for the dog walking business to the rear of the building, that there is a gym that is not in use, that the number of vehicles will be limited to 150, that the petitioner will waive liability of the city for vehicles which might be damaged in the flood plain, and that there are no handicapped parking spaces in the parking lot where the vehicles will park. Richard Olsen, President of the petitioner stated that vehicles can be moved to the ice rink parking lot if there is a flooding issues, that the ice rink lot is five feet higher than the proposed parking area, that they can provide a report once each month to the Building Commissioner as to the number of vehicles stored on the locus, that he has to provide this information to GMAC once each month currently, that there is a front entrance to the building which may have handicapped parking spaces, that there are no handicapped parking spaces in the lot where the vehicles will be parked, that there is room to park 300 cars on the locus, and that he is required to have this volume of vehicles in stock.

Alderman Drapeau stated that he wants the petitioner to report to the Building Commissioner each month as to the number of vehicles on the locus as another similarly situated petitioner was required to do. Alderman Gately stated that the special permit could be limited to one year as a similarly situated petitioner’s special permit was limited. Alderman DiTucci stated that the one year renewal for this special permit would not be necessary as the other petitioner was on a lot with a building that could be leased and that is not the circumstance for this locus. IN FAVOR: Michael Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that he is in support of the petition, that there is no impact on residential areas from this locus, and that this use is a good fit for the lot. OPPOSED: None. Motion made and 2nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent). Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That the recommendations of the Planning Board be adopted as conditions of the special permit, and 2. The Petitioner shall file with the Building Commissioner once each month a report with the number of vehicles parked on the Property, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

 

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

Motion made and 2nd that the public hearing be held collectively on the next two matters, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

 

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

On the 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.

PUBLIC HEARING OPENED. A communication dated January 7, 2013 was received from City Solicitor Ellen Callahan Doucette as follows:

 

Re: The Woburn Armory LLC v. Paul J. Denaro, et al – No. 2012 MICV 1528

 

In response to the City Council’s inquiry regarding the need for a further extension of the demolition order for the Woburn Armory, the demolition order should be further extended from January 31 to April 30, 2013.

 

In October, 2012, the attorney for The Woburn Armory and I filed a Joint Motion to Stay the Litigation with the Superior Court to allow the property owner the opportunity to investigate options to develop the site. We are required to inform the court as to progress toward a resolution of this litigation by March 12, 2013. Upon information and belief however, the zoning amendments filed on behalf of The Woburn Armory are still pending and therefore, the status of the property remains unchanged. As such, a further extension of the demolition order is in order to allow the City Council (and Planning Board) to continue its consideration of the zoning amendments and the special permit petitions that will be filed should the zoning amendments be adopted.

 

Very truly yours, s/Ellen Callahan Doucette

 

A communication dated February 14, 2013 with attachments was received from Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Woburn Armory LLC/Proposed Amendments to 1985 City of Woburn Zoning Ordinance, as amended

 

Dear Mr. Campbell:

 

Please be advised that I represent Woburn Armory LLC of 175 Summer Street, Somerville, Massachusetts. Enclosed please find a copy of the Covenant my client is prepared to execute and record at the Middlesex County South District Registry of Deeds in connection with the above-referenced matter. I will formally present the Covenant to the City Council at the Public Hearing scheduled on Tuesday, February 19, 2013. As a result of the Monday holiday, I have mailed a copy of this communication as well as a

copy of the Covenant to each City Council member. If you need anything else, please do not hesitate to contact me. Thank you.

 

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

 

Motion made and 2nd to receive and make part of the record the communication from the City Solicitor and from Attorney Tarby, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent). Appearing for the petitioner was Attorney Joseph R. Tarby, III and he stated that he obtained the proposed form of covenant and offers it to the City Council for review and consideration. Alderman Gately stated that the covenant covers the matter but that the City Solicitor has questions regarding the covenant. Alderman Haggerty stated that there is a reference in Condition 4 to “City of Woburn and that he wants clarification as to whether that refers to the Mayor or the City Council. PUBLIC COMMENTS: Mark Sanborn, 12 Caulfield Road stated that he has not seen the proposed covenant and would like to review a copy, that the new proposal is the same space and the same use although adding some office space, that the proposal originally did not require a zoning change, that if the covenant can be terminated after the zoning amendment is allowed then the neighborhood is “left out in the cold”, that his property will be affected the same as the original proposal, that he does not trust this developer, and that the developer continues to bring the same project forward. Lisa Roche, 5 Myrtle Street stated that she does not approve the proposed project as it is too congested for the neighborhood, that the developer bought the property knowing the zoning restrictions and he should have to abide by the current zoning, that she purchased the property in 1995 knowing the zoning of her parcel and of the Armory, that the property continues to be neglected, and that the rear of the building should be razed but the front should be used for some purpose because if its historic value. Motion made and 2nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MARCH

19, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON

ORDINANCES, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent). Motion made and 2nd that a communication be forwarded to the City Solicitor indicating that the City Council voted to grant an extension of the demolition order with respect to this property up to and including April 30, 2013, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

 

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

On the petition by Woburn Armory LLC to amend the 1985 Woburn Zoning Ordinances, as 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.”, and 2. 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.” PUBLIC HEARING OPENED. See record notes of public hearing in the preceding matter. Motion made and 2nd that the PUBLIC HEARING be CONTINUED

TO THE REGULAR MEETING OF THE CITY COUNCIL ON MARCH 19, 2013

AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON

ORDINANCES, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent). Motion made and 2nd that a communication be forwarded to the City Solicitor indicating that the City Council voted to grant an extension of the demolition order with respect to this property up to and including April 30, 2013, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

 

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

On the petition by Alderman Michael Anderson, President Paul Denaro and Alderman Michael Raymond to amend the 1985 Woburn Zoning Ordinances, as amended, as follows: By adding the definition “MEDICAL MARIJUANA TREATMENT CENTER” between the definition of “Massage Therapist” and “Menu Board/Order Board” as follows: MEDICAL MARIJUANA TREATMENT CENTER:  An establishment that

acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana or products containing marijuana and/or related supplies, for medical purposes; and further, to amend Section 5.1 – Table of Use Regulations of the 1985 Woburn Zoning Ordinances, as amended, by inserting a new line

“33c MEDICAL MARIJUANA TREATMENT CENTER” after “33b Muscular

Therapy” as follows: A “-“ under R-1, R-2, R-3, R-4, B-N, B-H, B-D, BI, I-P, I-G, S-1,

S-2, O-P, OP-93, O-S, a “P” under IP-2 and “19b” under Notes; and to further amend

Section 5.1, Table of Use Regulations by adding Note 19b as follows: 19b. No

MEDICAL MARIJUANA TREATMENT CENTER shall be allowed: A. Within one

thousand feet of a residential zoning district, public or private school, or church or other structure used in whole or in part all the time or part of the time for religious or spiritual services; B. Within one thousand feet of any facility where large numbers of minors regularly congregate; C. Within two thousand feet of a public park, playground, nursery school or day care center. PUBLIC HEARING OPENED. A report was received from the Committee on Ordinances as follows: “to impose a one year moratorium on Medical Marijuana Treatment Centers in accordance with the following Order:

 

ORDERED     Be it Ordained by the City Council of the City of Woburn that Section 5,

Use Regulations, of the 1985 Woburn Ordinances as amended, be further

amended by adding a new Section 5.8, Interim Regulations for Medical Marijuana Treatment Centers, as follows:

 

Section 5.8 Interim Regulations for Medical Marijuana Treatment Centers

 

  1. Purpose

 

At the November 6, 2012 state election, the voters of the Commonwealth approved legislation regulating the cultivation, distribution, possession and use of marijuana for medical purposes, which legislation became effective on January 1, 2013.  The legislation requires the state Department of Public Health to issue regulations regarding implementation of the legislation by May 1, 2013 which are expected to provide guidance in regulating medical marijuana, including medical marijuana treatment centers.  As the regulation of medical marijuana raises novel and complex legal and planning issues, the City requires adequate time to consider whether to allow facilities associated with the medical use of marijuana, to the extent that such facilities are permitted under state laws and regulations, and, if so, where and under what conditions should such facilities be located in the City of Woburn.  Therefore, the City adopts this temporary moratorium on the use of land and structures in the City for medical marijuana treatment centers in order to allow the City sufficient time to engage in a planning process to address the potential impacts on adjacent uses and on general public health, safety and welfare, and to develop and enact zoning ordinances and other applicable regulations that appropriately address these considerations consistent with statewide regulations and permitting procedures, and in a manner consistent with sound land use planning goals and objectives.

 

  1. Definition

 

A “Medical Marijuana Treatment Center” as defined under state law as a Massachusetts not-for-profit entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana or products containing marijuana and/or related supplies, or educational materials to qualifying patients or their personal caregivers, which is properly licensed and registered by the Massachusetts Department of Public Health.

 

  1. Exclusion of Other Marijuana Uses

 

Any establishment that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana or products containing marijuana and/or related supplies, or educational materials to qualifying patients or their personal caregivers shall not be permitted if such establishment has not been properly licensed and registered by the Massachusetts Department of Public Health, or is not operated as a not-for-profit entity, or otherwise fails to meet the definition of a Medical Marijuana Treatment Center.

 

  1. Exclusion of Accessory Uses

 

In no case shall the acquisition, cultivation, possession, processing, transference, transportation, sale, distribution, dispensing, or administration of marijuana, products containing or derived from marijuana, or related products be considered accessory to any use.

 

  1. Interim Restriction/Moratorium

 

Medical Marijuana Treatment Centers shall not be permitted in any zoning district in the City of Woburn so long as this section remains in effect, as set forth below.  Use variances are strictly prohibited.  During this moratorium period, the City will undertake a planning process to address the potential impacts of medical marijuana in Woburn, consider the Department of Public Health regulations regarding medical marijuana treatment facilities and related uses, and enact zoning ordinances to address the impact and operation of medical marijuana treatment centers and their related uses.

 

5)  Expiration

 

This section shall be effective for a period of twelve (12) months beginning January 1, 2013, or until such future time that the Woburn City Council enacts superseding zoning ordinances that set forth the allowed zoning districts, dimensional, parking and other requirements applicable to medical marijuana treatment centers and their related uses.

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent). Alderman Haggerty stated that within the next thirty days or so information should be available as to whether the bans in other communities will withstand scrutiny, and that this matter could be placed on the table. Alderman DiTucci stated that there is nothing to preclude the City Council from revoking the moratorium at a later date, and that if matters change then the City Council can take the necessary action at that time. Alderman Drapeau stated that there is protection for the city with the moratorium, and that the city can take action when necessary. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 6 in favor, 2 opposed (Anderson, Haggerty opposed), 1 absent (Mercer-Bruen absent). Presented to the Mayor: February 21, 2013         s/Scott D. Galvin February 21, 2013 _________________________

 

CITIZEN’S PARTICIPATION:  None.

_________________________

 

COMMITTEE REPORTS:

 

FINANCE:

 

On the Order to appropriate the sum of $50,000.00 from Unreserved Fund Balance Account to Legal Assistance Account, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 7 in favor, 1 opposed (Denaro opposed), 1 absent (Mercer-Bruen absent).

Presented to the Mayor: February 21, 2013         s/Scott D. Galvin February 21, 2013

 

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

 

A report was received regarding the appointment of a Member of the Woburn Recreation Commission as follows:

 

“At a meeting on February 11, 2013, the Committee on Personnel discussed a City Council appointment regarding the vacancy of a Recreation Commission member.  Said discussion resulted in the following motions:

 

“Motion was made and seconded requesting the City Council to send a proclamation to Robert Morgan (retiring member of the Recreation Commission) in appreciation for his years of service.  The Vote was all in favor, 2-0.

 

“Motion was made and seconded to request the City Council to grant the authority to the Committee to advertise the vacancy of the position of recreation commission member. The Vote was all in favor, 2-0.

 

“Please consider this memorandum the requests as motioned above to the City Council, and feel free contact me with any additional questions.”

 

Motion made and 2nd that COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

_________________________

 

NEW PETITIONS:

 

Petition by Lowe’s Companies, Inc., 15 Commerce Way, Woburn, Massachusetts 01801 for a special permit pursuant to the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. Section 5.1.57a, Note 17 to allow for the storage of trailers for the collection of used appliances and pallets; 2. Section 8.2.5 and Section 11 to allow for a further reduction in the number of parking spaces from 589 to 554; and 3. To replace the site plan of record with the site plan entitled “Proposed Outdoor/Seasonal Storage, 15

Commerce Way, Woburn, MA” dated January 31, 2013 prepared by Allen & Major Associates, Inc., for the property located at 15 Commerce Way. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING AT REGULAR CITY

MEETING ON MARCH 19, 2013, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

_________________________

 

COMMUNICATIONS AND REPORTS:

 

A communication dated February 7, 2013 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 January 2013. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

 

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

A communication dated February 14, 2013 with attachments was received from City

Solicitor Ellen Callahan Doucette relative to the eminent domain process in response to a Resolution of the City Council adopted February 5, 2013. Motion made and 2nd that the matter be received and placed on file, all in favor, 8 in favor, 0 opposed, 1 absent

(Mercer-Bruen absent). Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON INFRASTRUCTURE AND PUBLIC LANDS, 8 in favor, 0 opposed,

1 absent (Mercer-Bruen absent).

 

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

A communication dated February 6, 2013 was received from MassDevelopment, 160

Federal Street, Boston, Massachusetts 02110 advising that the Massachusetts Development Finance Agency will be considering final approval to a capital equipment lease project to be financed on behalf of Hallmark Health located in Woburn and requesting that the city advise in the event the proposed project conflicts with an existing local or regional comprehensive plan. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

 

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

A communication dated January 29, 2013 was received from Joan Butler, Executive Director, Minuteman Services, 26 Crosby Drive, Bedford, Massachusetts 01730 inviting the Aldermen to participate in the March for Meals national campaign to raise awareness

of senior hunger, recruit volunteers, and increase local fundraising. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

 

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

A communication dated February 13, 2013 was received from Attorney Joseph R. Tarby, III, Murtha Cullina, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Proposed Amendment to Section 2 and 27 of the 1985 City of Woburn Zoning Ordinance, as amended (the “Amendment”)

 

Dear Mr. Campbell:

 

On behalf of my client, I hereby request leave to withdraw without prejudice the abovereferenced Amendment. If you need any further information, please contact me. Thank you.

 

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

 

Motion made and 2nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

_________________________

 

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS: 

 

A communication dated January 31, 2013 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear President Denaro and Members of the Woburn City Council:

 

By the power vested in me as Mayor of the City of Woburn, I hereby reappoint the following members of the Woburn Council on Aging to another three-year term, set to expire on December 31, 2015; subject to approval by the City Council: Margaret Casey, 23 Wade Avenue; John DeCata, 57 Wood Street; Theresa Donovan, 74 Kilby Street.

 

In addition, I hereby appoint Eleanor Collins, 19 Squanto Road, to the Woburn Council on Aging, with a term set to expire December 31, 2015; subject to approval by the City Council.

 

Respectfully, s/Scott D. Galvin, Mayor

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

________________________

 

MOTIONS, ORDERS AND RESOLUTIONS:

 

RESOLVED That His Honor the Mayor instruct the Superintendent of Public Works to re-stripe the intersection of Montvale Avenue and Washington Street in

the early Spring 2013 as crosswalks have worn and the “right turn only” painting has faded.

 

s/Alderman Mercer-Bruen

 

Motion made and 2nd that the RESOLVE be ADOPTED, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

Presented to the Mayor February 21, 2013 and ten days having elapsed without same being approved, said Resolve became effective without his signature on March 5, 2013.

 

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

 

RESOLVED That the Woburn City Council send a letter to National Grid regarding the constant smell of natural gas on the Washington Street bridge near the Public Storage building located at 432 Washington Street and that National Grid be requested to respond in writing to the City Council regarding the issue

 

s/Alderman Mercer-Bruen

 

Motion made and 2nd that the RESOLVE be ADOPTED, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

Presented to the Mayor February 21, 2013 and ten days having elapsed without same being approved, said Resolve became effective without his signature on March 5, 2013.

 

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

ORDERED     That in accordance with precepts issued by His Excellency the Governor Deval L. Patrick and in accordance with Massachusetts General Laws Chapter 54, as amended, the City Clerk is hereby authorized and directed to notify and to warn such of the inhabitants of the City of Woburn as are qualified to vote in Special State Primary Elections to assemble at the

polling places in their respective wards as designated herein, on

TUESDAY, the THIRTIEETH OF APRIL, 2013 from 7:00 a.m. to 8:00 p.m., then and there to cast their votes in the Special State Primary Election for the candidates of the political parties DEMOCRATIC AND REPUBLICAN for the office of SENATOR IN CONGRESS FOR THE COMMONWEALTH at the following polling places:

 

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

 

2-1                              Shamrock Elementary School Gymnasium,

60 Green Street

 

2-2                              Shamrock Elementary School Gymnasium,

60 Green Street

 

3-1                               Hurld Elementary School Gymnasium,

75 Bedford Road

 

3-2                               Hurld Elementary School Gymnasium,

75 Bedford Road

 

4-1                             Wyman Elementary School Auditorium,

Main Street and Eaton Avenue

 

4-2                              White Elementary School, 36 Bow Street

 

5-1                          Goodyear Elementary School Gymnasium, 41 Central Street

 

5-2                          Goodyear Elementary School Gymnasium, 41 Central Street

 

6-1                              Altavesta Elementary School Gymnasium,

 990 Main Street

 

6-2                             Altavesta Elementary School Gymnasium,

990 Main Street

 

7-1                             Reeves Elementary School Gymnasium,

240 Lexington Street

 

7-2                             Reeves Elementary School Gymnasium,

240  Lexington Street

 

s/President Denaro

 

Motion made and 2nd that the ORDER be ADOPTED, AS AMENDED, with the amendment as follows: 1. That a communication be forwarded to the State delegation requesting that funds be provided to the City of Woburn for the cost of the election before the election, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

Presented to the Mayor: February 21, 2013         s/Scott D. Galvin February 21, 2013

 

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

ORDERED     Be it Ordained by the City Council of the City of Woburn that the 1989

Woburn Municipal Code, as amended, be further amended by deleting

Section 6-14 of Title 6, Animals, and inserting in its place the following new Section 6-14:

 

6-14. Kennel licenses; fees

 

The fee for each kennel license shall be as follows:

 

Forty dollars ($40.00) for kennels with 4 dogs or less;

 

Eighty dollars ($80.00) for kennels with 5 – 10 dogs;

 

One hundred fifty dollars ($150.00) for kennels with 11 dogs or more, but not more than 25 dogs;

 

Two hundred fifty dollars ($250.00) for kennels with 26 dogs or more.

                                                                        s/Alderman Anderson

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

 

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

ORDERED     Be it Ordained by the City Council of the City of Woburn that the 1989 Woburn Municipal Code, as amended, be further amended by adding a new Section 3-3(G) as follows:

 

3-3(G). Review of Appropriations and Transfers

 

Before final action may be taken, any original appropriation or appropriation by transfer or loan in a sum in excess of One Hundred Thousand Dollars ($100,000.00) filed with the City Council for approval shall be referred to and reported upon by the City Council Committee on Finance after a presentation of the particulars of the matter by the City

Auditor and such other department heads as the City Council may direct.

 

s/President Denaro and Alderman Haggerty

 

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, 8 in favor, 0 opposed, 1 absent (Mercer-Bruen absent).

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 8 in favor, 0 opposed, 1 absent (MercerBruen absent). Meeting adjourned at 7:50 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

Feedback