City Council - 01/02/2007 - City of Woburn

Meeting Agenda

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CITY OF WOBURN

JANUARY 2, 2007 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

Ciriello Gately

Denaro Galvin

Drapeau Gonsalves

Dwyer Mercer-Bruen

Doherty

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

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MAYOR’S COMMUNICATIONS:

A copy of a communication dated December 5, 2006 with attachments from His Honor the Mayor Thomas L. McLaughlin to The Honorable State Senator Robert A. Havern was received as follows:

Dear Senator Havern:

I am writing to you to express my concern about Governor Romney’s recent budget cut of $25 million in water and sewer rate relief. Our 2007 water and sewer rates in Woburn were already based upon this $25 million in rate relief. This unanticipated cut could amount to a $371,608 reduction in relief for the City of Woburn.

I urge you to restore this funding so that we may keep water and sewer rates affordable. Woburn is especially impacted by these budget cuts as we will be adjusting our water and sewer rates upward in 2008 to pay for much needed and costly capital improvements to our local water distribution system.

Your efforts in this matter would be greatly appreciated.

Sincerely, s/Thomas L. McLaughlin

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

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PUBLIC HEARINGS:

On the petition by Keyspan Energy Delivery for a grant of right in a way to install approximately 125 feet of four (4) inch gas main in Cottage Street as shown on the plan filed therewith. PUBLIC HEARING OPENED. No one appeared on behalf of the petitioner. 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 JANUARY 16, 2006, all in favor 9-0.

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On the petition by Krystal New England, LLC, 399 Washington Street for a special permit to allow auto sales and for a First Class Motor Vehicles Sales License at 399 Washington Street. PUBLIC HEARING OPENED. A communication dated December 15, 2006 was received from Edmund P. Tarallo, Director, Woburn Planning Board as follows:

Re: Krystal New England, LLC – 399 Washington St. – To occupy 7000 S.F. for limousine dealership

Dear Mr. Campbell and Members of the City Council:

At the Planning Board meeting held on December 12, 2006, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request to occupy 7000 S.F. of the building at 399 Washington Street for a limousine dealership.

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 Frank Rosetti of Krystal New England, LLC and he stated that this will be a new car dealership located in the Lannan facility, that they will have limousines in stock in the building and vehicles will be driven for demonstration purposes for limousine company clients, that there will not be any rental of the limousines, that there is adequate parking space in the building for the limousines, that they will initially have approximately fifteen vehicles on site, that there will be no structural changes, that they took over the 7,000 square foot former auto repair section, that there are high ceilings and it is a brick structure, and that the building will be used mostly for storage, preparation and cleaning of the vehicles. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that to close the public hearing, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON SPECIAL PERMITS, all in favor, 9-0.

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President Doherty stated that the public hearings on these two matters were previously voted to be conducted collectively and will be held collectively at this meeting. Alderman Denaro stated that he will not be able to vote on this matter having missed the previous public hearing but will remain present for the hearing.

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On the petition by Mishawum Properties, LLC, 215 Lexington Street, Woburn,

Massachusetts 01801 for a special permit pursuant all applicable sections of the 1985

Woburn Zoning Ordinances, as Amended, including with out limitation Section 12 and

Section 21, to allow for 210 elevator apartments, associated parking and access at Lot A, Mishawum Road. PUBLIC HEARING OPENED. A communication dated December 4, 2006 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re: Mishawum Properties, LLC – Lot A Mishawum Road – To allow 210 elevator apartments, associated parking and access under Sections 12 and 21

Dear Mr. Campbell and Members of the City Council:

At the Planning Board meeting held on November 28, 2006, the Board voted to forward a favorable recommendation to the City Council in accordance with the petitioner’s request for a Special Permit under Sections 12 and 21 to allow 210 elevator apartments, associated parking and access at Lot A Mishawum Road in accordance with Site Development Plans dated October 3, 2006 subject to the following conditions:

That the Planning Board shall retain jurisdiction over the landscaping.
That the 21 affordable units shall be restricted as “Low or Moderate Income

Housing” as such term is defined in the Department of Housing and

Community Development’s Local Initiative Program Regulations, 760 CMR 45.02 (the “Affordable Units”). The percentage of the handicapped accessible units among the Affordable Units shall be equal to the percentage of required handicapped accessible units in the development as a whole under applicable federal and state law. The 21 Affordable Units shall remain affordable in perpetuity to Low or Moderate Income households as such term is defined in the Department of Housing and Community Development’s Local Initiative Program Regulations, 760 CMR 45.02. In addition, the 21 Affordable Units shall comply with Department of Housing and Community Development’s Local Initiative Program Regulations, 760 CMR 45.00 et seq. in effect as of the passage of this Special Permit, and the Developer and the City shall submit an application to DHCD for the affordable units to be counted as “Local Action Units” in compliance with 760 CMR 45.03 as in effect as of the passage of this Special Permit.

That the mitigation shall be provided in accordance with Section 18.7 of the Zoning Ordinance.
That the petitioner shall comply with the recommendations of the City Engineer regarding water, sewerage, drainage and traffic.
That the development shall not exceed 210 units or 5 stories in height.
That a transportation demand management program shall be established under an Employee Transportation Coordinator which shall include participation in a transportation management association.

In addition, that the City Council consider requiring the developer to install a traffic signal or other appropriate safety and traffic improvements at the intersection of Mishawum Rd @ Olympia Ave/Rumford Park Ave. and to install appropriate signage at the intersection of Forest Park Rd. and Mishawum Rd. to address safety concerns.

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 December 28, 2006 was received from John E. Corey, Jr., PE, City Engineer with attachments as follows:

Subject: Mishawum Station – Special Permit Review

Materials Reviewed: Site Plans, Phase I & II, dated October 3, 2006 by Allen & Major

Mishawum Station Drainage Report, prepared by Allen & Majors, dated October 3, 2006, received October 16, 2006

Transportation Study for Mishawum Station Development prepared by Howard/Stein-Hudson, dated November 8, 2006, received

November 16, 2006

Fiscal Impact Report for Mishawum Station Mixed-Use

Development prepared by Connery Associates, dated November 9,

2006, received November 16, 2006

Development Impact Statement for Mishawum Station prepared by

Allen & Major, dated November 8, 2006, received November 16,

2006

Revised cost estimates by phase, dated December 12, 2006

Fire flow test data and ISO Fire demands, dated December 27, 2006

Meetings with Applicant: Meetings were held with the applicant and/or the applicant’s representatives on September 17, 2006, October 17, 2006, November 20, 2006 and November 30, 2006 concerning the subject project.

Engineering Department Memoranda: Memoranda dated November 21, 2006 and November 27, 2006.

Based on the engineering department’s review of the above referenced materials and meetings with the applicant to date, we offer the following comments concerning the project:

Water System: There is an existing 6 inch cast iron main installed in 1961 serving the general project area in Mishawum Road. As indicated in a previous memorandum, the age of the main does not warrant investigation for tuberculation of the pipe and cleaning and relining is not a consideration at this time. The applicant indicates that the average daily usage for the proposed facilities will be approximately 50,000 gallons per day with a fire demand of 750 gpm. Assuming an equal distribution of the flow in a looped situation, the velocity in the main under a fire demand situation would be approximately 3.7 fps which is well within accepted standards and there would be no adverse impacts on the surrounding system. Data from the fire flow test performed at the site indicates an available flow rate of 1,075 gpm at a residual pressure of 65 psi demonstrating that the existing system is adequate for the intended needs of the development without adversely affecting the surrounding users of the system.

The utility plan indicates a wet tap to the existing 6 inch main in Mishawum Road. A tapping sleeve and valve is not allowed and a three way, cut-in gate arrangement with flexible couplings will be required. This connection can be reviewed with the water department at the building permit stage and does not affect the special permit.

Although there are no apparent cleaning and relining issues within the project area, it is desirable from a hydraulic standpoint to replace a water loop across the Mishawum Road Bridge over Route 128 in the future. The priority of water mitigation improvements is discussed at the end of this memorandum.

Sewer System: The applicant has indicated that the facility will generate approximately 45,000 gallons per day of sanitary sewage from the facility and they have supplied information requested pursuant to Title 13 of the municipal code relative to the removal of extraneous infiltration/inflow. The City is subject to an administrative consent order from the DEP concerning the 10 to 1 removal of extraneous infiltration/inflow for the addition of new sewage flows. The applicant has indicated that they will pay the required infiltration/inflow fee and have the city apply these funds towards one of the ongoing infiltration/inflow projects to obtain the necessary I/I reduction. The applicant also indicates that the project is contingent upon a DEP sewer connection permit. The site plan review is not contingent upon the DEP permit; however, it is a necessary element of any resulting building permit and can be dealt with at the time of issuance.

As requested previously, the applicant’s engineer should provide the maximum daily flow rate expected for discharge from the facility with a comparison of the capacity in the existing sewer and current flow volumes.

Drainage System: As indicated in our previous memorandum, the drainage computations have been reviewed by the engineering department and the department finds that the drainage system proposed is consistent with the requirements to reduce post development flows to pre-development rates. Furthermore, the storm water quality requirements have been satisfied in accordance with state mandated best management practice tactics, including the provision of a drainage system maintenance plan.

Traffic and Access: A complete discussion on the traffic study is contained in our last memorandum concerning the project and we concur with the applicants division of off site improvements by phase as most recently submitted with the following recommendations. The applicant has adequately identified necessary traffic and traffic related improvements to address potential adverse impacts that could result from the project moving forward without mitigation, and we believe that the applicant has fully met the requirements of Section 18 of the zoning by law as it pertains to this development.

The initial phase of the project includes the development of the commercial building with off site improvements for the installation of a traffic signal at the intersection of Mishawum Road at Industrial way as described in the December 12^th submission detailing the cost of proposed mitigation tactics by phase.

Phase two would include the intelligent traffic light upgrades to the Ryan

Road/Mishawum Road intersection and the Ryan Rd./Industrial Way intersection with coordination of the these traffic signals with the phase I signal.

Phase III anticipates the installation of improved pedestrian access at both the Mishawum Rd. /Olympia Ave. and School St. /Merrimac St. intersections. The installation of pedestrian signalization at these two intersections is costly, will impede the flow of traffic and in general are considered unwarranted. We propose that improved pedestrian access could be provided with the strategic installation of impressed crosswalks at these locations at a substantially reduced cost over signalization. On this basis, we propose the following:

The Olympia Ave. /Mishawum Road intersection would require the installation of impressed crosswalks along the westerly intersection with Rumford Park and the southerly crossing of Mishawum Road. This would provide safe access from the westerly side of Mishawum Rd. where the pedestrian traffic occurs as there is no sidewalk on the bridge on the easterly side of Mishawum Road. Approximately 60 feet of concrete sidewalk and curbing would be required along the southeast corner of Rumford Park and Mishawum Rd. as well as new handicapped access ramps, situated as necessary, to complete the installation. The two secondary crosswalks would be replaced with thermoplastic striping. The estimated cost of the safer pedestrian access is $34,000.00. We believe that these safety improvements should be made a part of the phase I portion of the project rather than later phases. A plan depicting the conceptual design for these improvements has been attached.
The School St. /Merrimac St. intersection would also require the installation of two impressed crosswalks running perpendicular to the streets as opposed to the current arrangement that requires a longer travel distance for

pedestrians. Additionally, a third crosswalk consisting of thermoplastic striping would be installed across the driveway into the Office for Social Concern. The impressed crosswalks would be placed back farther from the intersection is and be provided with necessary handicapped access cuts in the curbs. The estimated cost of safer pedestrian access is $23,000.00. We believe that these safety improvements should be made a part of the phase I portion of the project rather than later phases. A plan depicting the conceptual design for these improvements has been attached.

The New Boston Street bridge design has been partially funded through a line item in the Executive Office of Transportation. The provision of $46,000.00 will allow the bridge design to move forward and accelerate the opportunity to obtain construction funds through the MPO.
As discussed in a prior department memorandum, there is a need to replace the Mishawum Road water loop crossing over Route 128. We have obtained a cost estimate of $30,000.00 to prepare the structural designs and obtain the necessary approvals from MassHighway to move forward with this project in the future.
There is a need to install new computer hardware and racking within the City Hall IT facility to accommodate the privately supplied master controllers and other inputs for intelligent traffic signal equipment being installed in conjunction with this project, the Trade Center and the Woburn Mall. The estimated cost of the purchase and installation of this equipment with ancillary software is $34,000.00 to address the foreseeable future needs of intelligent traffic light system available to police, fire and engineering.
Based on the foregoing, we have identified $167,000.00 in traffic, traffic related and water system mitigation improvements, under the phase III portion of the project with a balance of $240,000.00 that would be applied towards traffic improvements at Elm and Main Street and miscellaneous geometric improvements to address traffic issues in Wards 4, 5 and 6.

The phase I improvements would have to be installed prior to occupancy of the commercial building. Although the cost breakdown submitted by the developer bases the mitigation improvements on the specific phase development costs, we believe that the pedestrian safety improvements at the intersections of Mishawum Rd./Olympia Ave. and Merrimac St./School St. are a necessary component of the initial phase of construction.

Similarly, the phase II improvements would have to be installed prior to issuance of occupancy for the initial residential development. Phase III improvements consist of mitigation payments to the city for work to be performed under municipal agreements and no performance is required by the developer for occupancy.

I trust the foregoing information suffices for your needs. Should you have any questions or comments, please do not hesitate to contact this office.

A communication dated December 28, 2006 with attachments was received from Attorney James Mawn, Mawn and Mawn, 215 Lexington Street, Woburn, Massachusetts 01801 as follows:

Dear Mr. Campbell:

As requested, enclosed are the proposed conditions for Lot A and Lot B and the proposed Construction Management Plan.

Very truly yours, s/James J. Mawn

Attached thereto was a document stating as follows:

Proposed Conditions Lot A

That the Planning Board shall retain jurisdiction over the landscaping.

That the 21 affordable units shall be restricted as “Low or Moderate Income

Housing” as such term is defined in the Department of Housing and Community Development’s Local Initiative Program Regulations, 760 CMR 45.02 (the

“Affordable Units”). The percentage of the handicapped accessible units among the Affordable Units shall be equal to the percentage of required handicapped accessible units in the development as a whole under applicable federal or state law. The 21 Affordable Units shall remain affordable in perpetuity to Low or Moderate Income households as such term is defined in the Department of Housing and Community Development’s Local Initiative Program Regulations, 760 CMR 45.02. In addition, the 21 Affordable Units shall comply with the Department of Housing and Community Development’s Local Initiative Program Regulations, 760 CMR 45.00 et seq. in effect as of the passage of this Special Permit, and the Developer and the City shall submit an application to DHCD for the affordable units to be counted as “Local Action Units” in compliance with 760 CMR 45.03 as in effect as of the passage of this Special Permit.

That the Developer shall provide the following mitigation:

Phase 2 – ½ Residential units

Industrial Parkway/Ryan Road Signal Upgrade

- New TS2 controller and cabinet with fiber optic drop
- Full Opticom
- Video detection
- Interconnect with other two intersections Protected left turn (new signal head)
- Right turn overlap phase (new signal head)

School Street/Mishawum Road/Ryan Road Signal Upgrade New TS2 controller and cabinet with fiber optic drop

- Full Opticom
- Video detection
- Interconnect with other two intersections

Phase 3 – ½ Residential units

Contribution of $407,000.00 to be distributed as follows:

- $46,000.00 toward design of New Boston Street bridge
- $30,000.00 toward design of Mishawum Road water loop crossing over Route 128
- $34,000.00 toward the purchase of new computer hardware and racking within City Hall IT facility
- $240,000.00 toward traffic improvements at Elm and Main Street and miscellaneous geometric improvements to address traffic issues in Ward 4, 5 and 6.

As per the recommendations of the City Engineer.

That the petitioner shall comply with the recommendations of the City Engineer regarding water, sewerage, drainage and traffic.

That the development shall not exceed 210 units or 5 stores in height.

That a transportation demand management program shall be established under an Employee Transportation Coordinator which shall include participation in a transportation management association.

That the project be built in substantial conformity with plans filed on record with the City Council.

Dumpsters shall be shielded from view or stored within the parking structure and shall not be picked up or emptied prior to 7:00 a.m. or after 7:00 p.m., Monday through Saturday, and shall not be picked up or emptied on Sunday.

Construction activities shall be conducted according to the “Construction

Management Plan, Mishawum Station, January 2, 2007”, on file with the City Clerk.

The developer/owner shall provide the Fire Department with a call list which shall include the on site emergency response coordinator who will be available 24/7.

The developer/owner and/or the then current management company and Fire Department shall meet, as required by the Fire Department, to review fire safety issues including but not limited to the Emergency Evacuation Plan, site circulation to and within the site and other related fire safety issues.

The developer/owner shall designate a Community Safety Coordinator to act as a liaison between the developer/owner and the Fire Department.

The developer/owner agrees that it will be responsible in perpetuity for all trash removal services.

There shall be no unregistered vehicles stored on the premises.

There shall be no recreational vehicles such as motor homes, boats, etc. stored on the premises.

Construction vehicles may gain access to and egress from the site as follows:

- Industrial Way and Ryan Road
- Mishawum Road to Washington Street to Route 128N
- Route 128S to Mishawum Road exit at Woburn Mall
- Mishawum Road to Commerce Way to flyover for 93N or 93S
- New Boston Street for pickup and delivery only

Construction vehicles are prohibited from the following roadways or portions thereof:

- Alfred Street
- Mishawum Road/Ryan Road to Main Street to Woburn center
- School Street
- Merrimac Street
- Olympia Avenue
- New Boston Street (excepting pickup or deliveries from businesses located on New Boston Street)

The buildings exterior will consist of high quality materials including without limitation brick and Arriscraft.

Appearing for the petitioner was Attorney James Mawn and he stated that in addition to the proposed conditions there will be a construction coordinator at the site who will communicate that deliveries and construction vehicles are prohibited from using certain streets, that the landowner is responsible to abiding by the conditions of the special permit, that the street prohibitions will be posted on site, that during Phase I construction of the office building the existing MBTA building will be used for the construction offices, that during Phase II and Phase III construction trailers will be used for the construction offices, that the existing MBTA building will be in place through the construction of the office building, that the petitioner has developed the mitigation package to address the areas of concern expressed during the review process, that the petitioner can either address the impacts or pay 3% of the development costs to the infrastructure fund, that the petitioner is willing to meet with the City Engineer to discuss drainage issues off Mishawum Road near the I-95/Route 128 bridge, that the buildings will not exceed five stories in height, that the proposed density permits higher quality materials, that this proposal will have less impact on the area during peak periods than alternative developments that could locate there, that the office is constructed under site plan review as it is over 15,000 square feet and that permits a project to be shaped as opposed to the complete discretion of the special permit granting authority in the case of a special permit, that the profit or loss of a project is speculative as the economic environment changes from time to time, that the profit should not be relied on when determining a project’s density, that the impacts of a project should be addressed and are being addressed under the ordinances for this proposal, that the requirements for mitigation under Section 18 of the zoning ordinances have been addressed, that the petitioner is actually performing mitigation to address areas of concern and therefore the petitioner is not required to make a contribution to the infrastructure fund, that if the City Council is not comfortable with the mitigation package it can request additional mitigation however the package being offered by the petitioner addresses those issues raised by the City Council, that the petitioner has attempted at every turn to incorporate issues that needed to be mitigated into the plan so that a comprehensive mitigation package is offered to address the concerns raised, that there will be twenty-one affordable units, twenty-four units will be one-bedroom units and 186 will be two-bedroom units, that a recap of construction costs can be submitted at the conclusion of the project however the petitioner is offering performance mitigation and is responsible for the complete costs of the particular mitigation, that the project is designed as a for sale condominium development, that the intent is to turn the project over to an owner’s association, and that if it is owner restricted this causes title issues. Alderman MercerBruen stated that the mitigation set forth in the proposed conditions should be designated as being available only for that project, and that the Elm Street/Main Street intersection is too far removed from the project site and should be eliminated from the plan. Alderman Gonsalves stated that she cannot support this project, and that the profits cannot be considered in deciding whether to grant or deny a petition however the impacts of the project on the area must be considered. Alderman Galvin stated that the density of the project is too high, that twenty units per acre is considered an acceptable density for Chapter 40R projects, that this project has a density of forty units per acre which is double the acceptable figure under Chapter 40R, that with the ordinance in place there is nothing that can be done to reduce the density, that certain issues can be addressed under site plan review, that he is willing to support a reduction in the density but he is not certain how this would hold up if challenged, that when the zoning ordinance was amended a consideration of profit that could be generated by a project should have been a consideration when settling on the density, that the cost of mitigation is based on standard formulas and it is what it is, that he will not support this petition unless the number of units area reduced, and that no project will every be fully mitigated but the mitigation ordinance does provide benefit to the community. Alderman Ciriello stated that there is a substantial scaling down of the prior proposal, that he would rather have a smaller project at the site however there is a potential that another entity could purchase the property and pursue a development of greater than 210 units. President Doherty stated that the mitigation ordinance has been applied so as not to include the soft costs of development although an argument can be made that these costs should be included, that other communities such as Somerville and Cambridge do a post-construction audit of mitigation costs but this is not permitted under Woburn’s zoning ordinances, and that the petitioner was forthcoming in addressing the city’s concerns however the City Council must ensure that all concerns have been addressed with the mitigation package. Alderman Drapeau stated that a pedestrian bridge across Mishawum Road should be considered, that if the City Council can get 3% of the development costs in an amount of greater than the proposed performance mitigation it would be in the city’s best interests to get the greater amount to work on mitigating other issues, that there is some question as to whether the mitigation offered is a true cost, that there is too much of a property right burden by stating that the units can only be owner-occupied units, and that if the train station opens there will be pedestrians who the city will be liable for if there is an injury. Alderman Gately stated that in the development business you do not count your profits going in you count your profits going out, that if the units do not sell then any profit is lost, that the City Council should not hold up the petition because a report from a city official was not received until now, that someone dropped the ball between the City Engineer and the City Council. City Engineer Corey stated that the site plans submitted for special permits which are received and use for estimating mitigation costs are not full build out plans, that there are certain rules that can be used to estimate the value and which are comparable to the estimate provided by the petitioner for this project, that the project cost estimate for the office building and condominiums was $36,000,000.00, that the topography of the site lends itself for the underground parking, that the project costs have been focused on construction costs not the soft costs such as construction fees, that the traffic study conducted for this project was a good product, that the costs for a pedestrian bridge over Mishawum Road would have prohibited other improvements, that pedestrian safety elements have been added at the intersections, that the petitioner and not the city will be working with the utility companies even on the off-site improvements, that often the information on a special permit is not going to address the full consideration of construction costs even for items such as the type of materials to be used, and that a full build-out plan will not be available for the project until that application for a building permit is prepared and therefore estimating software would have no value. Motion made and 2^nd that the communication dated December 28, 2006 received from the City Engineer be received and made part of the record, all in favor, 80-1 (Denaro abstained). IN FAVOR: None. OPPOSED: Patty Mistretta, 3 Woodside Terrace stated that she is concerned with the density of the project, that this sets a bad precedent for the city, that the landowner could negotiate with the city for reductions, that she hopes that these will be owner-occupied units and not be allowed to be rental units, that she thought that the height of the project would be restricted to five stories but that seven stories are still allowed, and that she wanted to know if there would be a postconstruction mitigation audit. Lori Medeiros, 9 Marietta Street stated that she does not agree that the density cannot be reduced because of the threat of a Chapter 40B project at the site, and that the city is looking to decrease the affordable units at the Inwood project which would seem to impact the number of Chapter 40B units and is therefore contrary to the argument. Patricia Chisholm requested that there be an owner-occupied requirement as a condition of the special permit. Motion made and 2^nd that the public hearing closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2^nd to separate and vote on the petitions separately, 8-0-1 abstained (Denaro abstained). Motion made and 2^nd that the following conditions be added to the special permit as to Lot B: 1. That the eighteen proposed conditions offered by the petitioner be adopted as further amended herein, 2. That condition number 3 be amended by adding after the words “the City Engineer” the words “in his letter dated December 28, 2006 which in any event such mitigation shall not be less than 3% of the final audited total development cost”, 3. That

condition number 18 be enumerated as condition number 18, and 4. That the recommendations of the City Engineer and the Planning Board be adopted as amended herein, all in favor, 8-0-1 (Denaro abstained). That the following condition be added to the special permit: 19. That the number of units be reduced by fifty (50) units to a total of 160 units, 2 in favor (Galvin, Doherty in favor), 6 opposed, 1 abstained (Denaro abstained), Motion fails. Motion made and 2^nd that the SPECIAL PERMIT AS TO LOT A be GRANTED, AS AMENDED, ROLL CALL: Ciriello – Yes, Denaro – Abstained, Drapeau – Yes, Dwyer – Yes, Gately – Yes, Galvin – No, Gonsalves – No, Mercer-Bruen – Yes, Doherty – Yes.

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On the petition by Mishawum Properties, LLC, 215 Lexington Street, Woburn,

Massachusetts 01801 for a special permit pursuant to all applicable sections of the 1985 Woburn Zoning Ordinances, as Amended, including without limitation Section 11,

Section 12 and Section 5.30b to allow for a business, professional and general office over 15,000 square feet, associated parking and access at Lot B, Mishawum Road. PUBLIC HEARING OPENED. A communication dated December 4, 2006 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re: Mishawum Properties, LLC – Lot B Mishawum Road – To allow 50,000 S.F. +/- of business, professional, and general office under Sections 11, 12, and 5.30b

Dear Mr. Campbell and Members of the City Council:

At the Planning Board meeting held on November 28, 2006, the Board voted to forward a favorable recommendation to the City Council in accordance with the petitioner’s request for a Special Permit under Sections 11, 12 and 5.30b to allow 50,000 S.F. +/- of business, professional, and general office at Lot B Mishawum Road in accordance with Site Development Plans dated October 3, 2006 subject to the following conditions:

That the Planning Board shall retain jurisdiction over the landscaping.
That the petitioner shall comply with the recommendations of the City Engineer regarding water, sewerage, drainage and traffic.
That the mitigation shall be provided in accordance with Section 18.7 of the Zoning Ordinance.
That a transportation demand management program shall be established under an Employee Transportation Coordinator which shall include participation in a transportation management association.
That the building shall not exceed 5 stories or 50, 000 S.F. for business, professional, and general offices, and a financial institution.

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 December 28, 2006 was received from John E. Corey, Jr., PE, City Engineer with attachments as follows:

Subject: Mishawum Station – Special Permit Review

Materials Reviewed: Site Plans, Phase I & II, dated October 3, 2006 by Allen & Major

Mishawum Station Drainage Report, prepared by Allen & Majors, dated October 3, 2006, received October 16, 2006

Transportation Study for Mishawum Station Development prepared by Howard/Stein-Hudson, dated November 8, 2006, received

November 16, 2006

Fiscal Impact Report for Mishawum Station Mixed-Use

Development prepared by Connery Associates, dated November 9,

2006, received November 16, 2006

Development Impact Statement for Mishawum Station prepared by

Allen & Major, dated November 8, 2006, received November 16,

2006

Revised cost estimates by phase, dated December 12, 2006

Fire flow test data and ISO Fire demands, dated December 27, 2006

Engineering Department Memoranda: Memoranda dated November 21, 2006 and November 27, 2006.

Based on the engineering department’s review of the above referenced materials and meetings with the applicant to date, we offer the following comments concerning the project:

Phase two would include the intelligent traffic light upgrades to the Ryan

Road/Mishawum Road intersection and the Ryan Rd./Industrial Way intersection with coordination of the these traffic signals with the phase I signal.

The Olympia Ave. /Mishawum Road intersection would require the installation of impressed crosswalks along the westerly intersection with Rumford Park and the southerly crossing of Mishawum Road. This would provide safe access from the westerly side of Mishawum Rd. where the pedestrian traffic occurs as there is no sidewalk on the bridge on the easterly side of Mishawum Road. Approximately 60 feet of concrete sidewalk and curbing would be required along the southeast corner of Rumford Park and Mishawum Rd. as well as new handicapped access ramps, situated as necessary, to complete the installation. The two secondary crosswalks would be replaced with thermoplastic striping. The estimated cost of the safer pedestrian access is $34,000.00. We believe that these safety improvements should be made a part of the phase I portion of the project rather than later phases. A plan depicting the conceptual design for these improvements has been attached.
The School St. /Merrimac St. intersection would also require the installation of two impressed crosswalks running perpendicular to the streets as opposed to the current arrangement that requires a longer travel distance for pedestrians. Additionally, a third crosswalk consisting of thermoplastic striping would be installed across the driveway into the Office for Social Concern. The impressed crosswalks would be placed back farther from the intersection is and be provided with necessary handicapped access cuts in the curbs. The estimated cost of safer pedestrian access is $23,000.00. We believe that these safety improvements should be made a part of the phase I portion of

the project rather than later phases. A plan depicting the conceptual design for these improvements has been attached.

The New Boston Street bridge design has been partially funded through a line item in the Executive Office of Transportation. The provision of $46,000.00 will allow the bridge design to move forward and accelerate the opportunity to obtain construction funds through the MPO.
As discussed in a prior department memorandum, there is a need to replace the Mishawum Road water loop crossing over Route 128. We have obtained a cost estimate of $30,000.00 to prepare the structural designs and obtain the necessary approvals from MassHighway to move forward with this project in the future.
There is a need to install new computer hardware and racking within the City Hall IT facility to accommodate the privately supplied master controllers and other inputs for intelligent traffic signal equipment being installed in conjunction with this project, the Trade Center and the Woburn Mall. The estimated cost of the purchase and installation of this equipment with ancillary software is $34,000.00 to address the foreseeable future needs of intelligent traffic light system available to police, fire and engineering.
Based on the foregoing, we have identified $167,000.00 in traffic, traffic related and water system mitigation improvements, under the phase III portion of the project with a balance of $240,000.00 that would be applied towards traffic improvements at Elm and Main Street and miscellaneous geometric improvements to address traffic issues in Wards 4, 5 and 6.

I trust the foregoing information suffices for your needs. Should you have any questions or comments, please do not hesitate to contact this office.

A communication dated December 28, 2006 with attachments was received from Attorney James Mawn, Mawn and Mawn, 215 Lexington Street, Woburn, Massachusetts 01801 as follows:

Dear Mr. Campbell:

As requested, enclosed are the proposed conditions for Lot A and Lot B and the proposed Construction Management Plan.

Very truly yours, s/James J. Mawn

Attached thereto was a document stating as follows:

Proposed Conditions Lot B

That the Planning Board shall retain jurisdiction over the landscaping.

That the petitioner shall comply with the recommendations of the City Engineer regarding water, sewerage, drainage and traffic.

That the Developer shall provide the following mitigation:

Phase 1 – Office Building

Mishawum Road/Mishawum Road/Industrial Parkway Signal/Conduit Installation & Geometric Improvements

- Install fully actuated traffic signal
- Install audible pedestrian countdown signals
- Full Opticom
- Video detection
- TS2 controller and cabinet with fiber optic drop
- Install conduit and interconnect cable
- New crosswalk (2) and ADA ramps (4)
- Widen northbound approach of Mishawum Road to improve turning movements

Mishawum Road

- Re-stripe centerline on Mishawum Road between Mishawum Road/Industrial

Way and Ryan Road

Olympia Avenue/Mishawum Road

- Installation of impressed sidewalks along the westerly intersection with Rumford Park and the southerly crossing of Mishawum Road. Installation of approximately 60 feet of concrete sidewalk and curbing along the southeast corner of Rumford Park and Mishawum Road as well as new handicapped access ramps, situated as necessary, to compete the installation. The two secondary crosswalks should be replaced with thermoplastic striping.

School Street/Merrimac Street

- Installation of two impressed crosswalks running perpendicular to the streets as opposed to the current arrangement that requires a longer travel distance for pedestrians. Installation of a third crosswalk consisting of thermoplastic striping should be installed across the driveway into the Office for Social Concern. The impressed sidewalks should be placed back farther from the intersection and be provided with necessary handicapped access cuts in the curbs.

Estimated cost: $397,950.00

As per the recommendations of the City Engineer

That a transportation demand management program shall be established under an Employee Transportation Coordinator which shall include participation in a transportation management association.

That the building shall not exceed 5 stories or 50, 000 S.F. for business, professional, and general offices, and a financial institution.

That the project be built in substantial conformity with plans filed on record with the City Council.

Dumpsters shall be shielded from view or stored within the parking structure and shall not be picked up or emptied prior to 7:00 a.m. or after 7:00 p.m., Monday through Saturday, and shall not be picked up or emptied on Sunday.

Construction activities shall be conducted according to the “Construction

Management Plan, Mishawum Station, January 2, 2007”, on file with the City Clerk.

Sidewalks shall be as shown on the plans and shall meet ADA requirements for sidewalks, as applicable.

The developer/owner agrees that it will be responsible in perpetuity for all trash removal services.

There shall be no unregistered vehicles stored on the premises.

There shall be no recreational vehicles such as motor homes, boats, etc. stored on the premises.

Construction vehicles may gain access to and egress from the site as follows:

- Industrial Way and Ryan Road
- Mishawum Road to Washington Street to Route 128N
- Route 128S to Mishawum Road exit at Woburn Mall
- Mishawum Road to Commerce Way to flyover for 93N or 93S
- New Boston Street for pickup and delivery only

Construction vehicles are prohibited from the following roadways or portions thereof:

- Alfred Street
- Mishawum Road/Ryan Road to Main Street to Woburn center
- School Street
- Merrimac Street
- Olympia Avenue
- New Boston Street (excepting pickup or deliveries from businesses located on New Boston Street)

A communication dated December 22, 2006 was received from Attorney James Mawn, Mawn and Mawn, 215 Lexington Street, Woburn, Massachusetts 01801 as follows:

Re: Lot B, Mishawum Road

Dear Mr. Campbell:

Enclosed herewith please find the following with regard to the above-entitled property:

1. 19 copies of revised Phase I Layout and Materials plan, sheet #C-2A; and 2. 19 copies of Phase I Subsurface Parking plan sheet #C-2B.

Very truly yours, s/James J. Mawn

SEE RECORD NOTES FROM PUBLIC HEARING IMMEDIATELY PRECEDING

THIS PUBLIC HEARING. Motion made and 2^nd that the public hearing closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2^nd that the following conditions be added to the special permit as to Lot B: 1. That the fourteen proposed conditions offered by the petitioner be adopted as further amended herein, 2. That condition number 3 be amended by adding after the words “the City Engineer” the words “in his letter dated December 28, 2006 which in any event such mitigation shall not be less than 3% of the final audited total development cost”, 8-0-1 (Denaro abstained).

Motion made and 2^nd that the SPECIAL PERMIT AS TO LOT B be GRANTED, AS

AMENDED, ROLL CALL: Ciriello – Yes, Denaro – Abstained, Drapeau – Yes, Dwyer

– Yes, Gately – Yes, Galvin – No, Gonsalves – No, Mercer-Bruen – Yes, Doherty – Yes.

_________________________

COMMITTEE REPORTS: None.

________________________

CITIZEN’S PARTICIPATION: None.

_________________________

NEW PETITIONS:

Petitions by Brad Kent, Agent to Nextel Communications, 30 Lyman Street, Suite 12, Westbourough, Massachusetts 01581 for a special permit to replace the existing nine (9) antennas on an existing pipe frame with twelve (12) antennas on a proposed anchored antenna roof frame pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

Petition by Boys & Girls Club of Woburn, Inc., Charles Gardner Lane, Woburn, Massachusetts 01801 for a special permit to conduct a carnival at the National

Amusements (Showcase Cinemas) site from Tuesday, May 15, 2007 to Sunday, May 20,

2007. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

_________________________

COMMUNICATIONS AND REPORTS:

A communication dated December 21, 2006 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 20A½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending November 2006: number of tickets issued 1,753, number of tickets paid 1,464, number of hearings scheduled 743, number of tickets voided or dismissed 178, number of tickets outstanding 400, number of tickets issued by motorcycle officers 0, total dollar amount collected and turned into the Treasurer’s Office $63,851.20. There exists a backlog of 4,818 tickets for 1982 through 2005. Demands will be sent out until all tickets have been cleared. Parking violations turned over to Handicap Commission to date $12,650.00.

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.

_________________________

UNFINISHED BUSINESS OF PRECEDING MEETING: None.

_________________________

APPOINTMENTS AND ELECTIONS: None.

_________________________

MOTIONS, ORDERS AND RESOLUTIONS:

RESOLVED That the Traffic Commission investigate the feasibility of installing a stop sign restriction on Mishawum Road in a southerly direction at the intersection with Forest Park Road.

s/Alderman Dwyer

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

Presented to the Mayor: Jan. 4, 2007 s/Thomas L. McLaughlin Jan. 11, 2007 _________________________

Motion made and 2^nd pursuant to Rule 36 of the Rules and Orders of the City Council to take from the Committee on Ordinances the Order to further amend Title 13 of the Woburn Municipal Code, as amended, relative to a reduction of water and sewer charges for fraternal or charitable organizations in the city. Alderman Denaro stated that this matter has been in committee since August 2006, that the order should be amended to include the Portuguese American Club, that this Order addressed the fraternal organizations of the city, and that most of the organizations provided data as to their contributions to the community. Alderman Gately stated that the city solicitor provided an opinion relative to the request, that Title 13 is being reviewed in committee next week and that this matter can be brought up at that time. Alderman Denaro stated that this Order is not on the committee agenda for next week, that he does not have available the cost of the proposal, that the reduction is based on mitigating the organizations in-kind service to the community, that as a member of the City Council he wants this matter moved forward as the chair of the committee has not moved on this matter. Alderman Drapeau stated that he wants to know how much impact this will have, and that he agrees that the organizations deserve credit for what they do but he is concerned as to how this will be passed on to other ratepayers. Alderman Dwyer stated that he is willing to look into the matter in committee where all of the data can be reviewed but it is inappropriate to take this matter up in this forum at this time. Alderman Denaro stated that the chair of the committee refused to put this matter on the agenda. Alderman Dwyer stated that this puts the City Council in a difficult position to have to make a decision on this matter at this meeting. Alderman Denaro stated that if a matter is not brought up the remedy is to invoke Rule 36 to bring the matter forward, and that the chair has refused to address this issue. Alderman Gately stated that he has not refused to address this matter, that one organization was left out of the proposal in error by the sponsor, that he is not refusing to act, that not enough has been brought before the committee to clarify this matter, and that when he took over as chair of the committee there were seventeen matters that were sitting in committee for two year without action. Alderman Denaro stated that he has a right to have this matter brought forward. President Doherty stated that the matter has been brought to the attention of the City Council and it can now be moved forward. Following the discussion, there was no vote on the motion.

_________________________

Motion made and 2^nd to return to the regular order of business, all in favor, 9-0.

_________________________

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

A TRUE RECORD ATTEST:

William C. Campbell

City Clerk and Clerk of the City Council

City Council – 01/02/2007

Meeting Agenda