City Council – 01/17/2006

DATE 01/17/2006
TIME 7:30 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

JANUARY 17, 2006 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Ciriello                        Galvin – Late

Denaro                       Gately

Drapeau                      Gonsalves

Dwyer                         Mercer-Bruen

Doherty _________________________

 

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

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Motion made and 2nd to suspend the rules for the purposes of hearing from His Honor the Mayor, all in favor, 8-0-1 (Galvin absent).

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Mayor McLaughlin introduced to the City Council Attorney Jonathan Silverstein of

Kopelman and Paige, P.C., 31 St. James Avenue, Boston and stated that Attorney

Silverstein is available to assist the City Council and that Attorney Mark Reich of Kopelman and Paige, P.C. has been appointed City Solicitor. Attorney Silverstein stated that he welcomes the opportunity to provide legal counsel and advice to the city and its various departments.

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Alderman Galvin arrived in the Council Chambers.

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ORDERED     WHEREAS, there presently exists a structure or structures located in the City of Woburn, Massachusetts known and numbered as 226-228

Washington Street; and

 

WHEREAS, the building was burned in a fire, that the condition of said building or buildings has been allowed to deteriorate, and that the property is generally not being maintained;

 

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

 

s/Alderman Mercer-Bruen

 

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

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 20, 2006

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MAYOR’S COMMUNICATIONS: 

 

ORDERED That the sum of $44,000.00 be and is hereby appropriated from Cemetery Interest Fund and Distributed as follows: $36,000.00 to New Equipment Acct. 0149058-586600; $3,000.00 to Utility Account 0149052-521103; $5,000.00 to Burial Section Acct. 0149058-586601.

 

I hereby approve the above: s/Karen A. Olson, Chairperson

I hereby recommend the above: s/Mayor Thomas L. McLaughlin

I have reviewed the above: s/John Danizio, Auditor

 

s/Alderman Doherty

 

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

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

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PUBLIC HEARINGS:  

 

Motion made and 2nd to conduct the public hearings on the next four matters collectively, all in favor, 9-0.

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On the petition by Alderman Galvin and President Doherty to further amend the Zoning

Map of the City of Woburn by changing the zoning district for a parcel of land located on Assessors Map 55 at Block 1, Lot 23 from the R-1 zoning district to the O-S zoning district. PUBLIC HEARING OPENED. A communication dated January 12, 2006 was received from Edmund P. Tarallo, Planning Director as follows:

 

RE: Zoning Map – R1 to OS City of Boston Parcels

 

Dear Mr. Campbell and Members of the City Council:

 

At the public hearing held January 10, 2006, the Planning Board voted to send a favorable recommendation to the City Council regarding the four parcels of land proposed by Alderman Galvin and Alderman Doherty to be changed from R-1 to O-S because a change in zoning to O-S is consistent with the present use of the property and the Master Plan. The first parcel is identified on Map 48 Block 5 Lot 8 by the assessors and with an address of 228 Bedford Rd. consisting of 865,537 S.F. or 19.87 acres. The second parcel is identified on Map 48 Block 6 Lot 1 by the assessors and consists of 85,813 S.F. or1.97 acres. The third parcel is identified on Map 49 Block 10 Lot 1 by the assessors and consists of 189,486 S.F. or 4.35 acres. The fourth parcel is identified on Map 55 Block 1 Lot 23 by the assessors and consists of 1,211,839 S.F. or 27.82 acres.

 

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

 

Respectfully Submitted, s/Edmund P. Tarallo, Planning Director

 

Motion made and 2nd to receive the recommendations of the Planning Board and make them part of the record, all in favor, 9-0. Alderman Denaro stated that he was concerned that the City Council was taking action without receiving the requested legal opinion for the City Solicitor and that he is not willing to move forward with the vote without an opinion in writing from the City Solicitor. President Doherty stated that he spoke to the city’s legal counsel and that he expressed no concern with the City Council moving forward with the proposal. Alderman Gonsalves stated that the town of Burlington moved forward rezoning a similar parcel of land in that town without a challenge. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2nd to take the four Orders collectively, all in favor, 9-0. Motion made and 2nd that the four ORDERS be ADOPTED, all in favor, 9-0.

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 25, 2006

 

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On the petition by Alderman Galvin and President Doherty to further amend the Zoning

Map of the City of Woburn by changing the zoning district for a parcel of land located on Assessors Map 48 at Block 5, Lot 8 from the R-1 zoning district to the O-S zoning district. PUBLIC HEARING OPENED. See record notes from preceding meeting. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2nd to take the four Orders collectively, all in favor, 9-0. Motion made and 2nd that the four ORDERS be ADOPTED, all in favor, 9-0. Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 25, 2006

 

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On the petition by Alderman Galvin and President Doherty to further amend the Zoning

Map of the City of Woburn by changing the zoning district for a parcel of land located on Assessors Map 48 at Block 6, Lot 1 from the R-1 zoning district to the O-S zoning district. PUBLIC HEARING OPENED. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2nd to take the four Orders collectively, all in favor, 9-0. Motion made and 2nd that the four ORDERS be ADOPTED, all in favor, 9-0.

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 25, 2006

 

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On the petition by Alderman Galvin and President Doherty to further amend the Zoning

Map of the City of Woburn by changing the zoning district for a parcel of land located on Assessors Map 49 at Block 10, Lot 1 from the R-1 zoning district to the O-S zoning district. PUBLIC HEARING OPENED. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2nd to take the four Orders collectively, all in favor, 9-0. Motion made and 2nd that the four ORDERS be ADOPTED, all in favor, 9-0.

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 25, 2006

 

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On the petition by Woburn Golf & Ski Authority, P.O. Box 224, Woburn, Massachusetts

01801 for Inflammable License at Woburn Country Club. PUBLIC HEARING

OPENED. Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP,

600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the City Council previously approved an Inflammable License for the locus, that under this license there will be the same amount of above ground storage with a reduction in gasoline stored in vehicles and maintenance equipment from 323 gallons of gasoline and

64 gallons of diesel to 100 gallons of gasoline and 100 gallons of diesel, that the City Council had previously indicated a desire that the Authority convert from gasoline operated carts to electric carts and the Authority has done so, that the current license will expire May 29, 2006 and the petitioner wishes to move forward with the license renewal process during the off-season, and that he asks that Rule 20a be waived for this petition. Attorney Tarby offered post office green receipt cards to the City Council for the record. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2nd that Rule 20a of the Rules and Orders of the City Council be waived, all in favor, 9-0.

Motion made and 2nd that the LICENSE be GRANTED, all in favor, 9-0.

Presented to the Mayor: Jan. 23, 2006       s/Thomas L. McLaughlin Jan. 25, 2006

 

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On the petition by Intown Veterinary Group Inc. dba Massachusetts Veterinary Referral

Hospital, 20 Cabot Road, Woburn, Massachusetts 01801 for a special permit pursuant to

Section 5.1.34a to allow construction of the proposed additions and alterations of Veterinarian Specialized Services and if determined to be necessary pursuant to Section 7.3 to alter or amend a pre-existing non-conforming structure, all at 20 Cabot Road. PUBLIC HEARING OPENED. A copy of a communication dated January 5, 2006 to Edmund P. Tarallo, Planning Director, from Brett F. Gonsalves, Senior Engineer was received as follows:

 

Subject: 20 Cabot Road – Special Permit – Alterations – Plan dated 10/26/05 – Special Permit Application dated 12/5/05

 

This office has reviewed the Special Permit application for the above referenced project and takes no exception to the alterations as they are shown on the plan submitted with the application.

 

If you or the Board have any questions regarding this information, please do not hesitate to contact this office.

 

A communication dated January 12, 2006 was received from Edmund P. Tarallo, Planning Director as follows:

 

Re: MA Veterinary Referral Hospital-20 Cabot Rd. – to allow construction of additions and alterations under Section 5.1 Table of Use Regulation, line 34.a.

 

Dear Mr. Campbell and members of the City Council:

 

At the meeting held on January 10, 2006, the Planning Board voted to send a favorable recommendation to the City Council regarding the Special Permit application of Massachusetts Veterinary Referral Hospital in accordance with conditions of the original Special Permit with the modification of the location of the dumpster as shown on the December 2, 2005 plan.

 

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

 

Motion made and 2nd that the recommendations of the City Engineer and Planning Board be received and made part of the record, all in favor, 9-0. Appearing for the petitioner was Mona Bishlawi, CFO, Intown Veterinary Group, Inc. and she stated she is an officer of the petitioner, that the petitioner is a growing and expanding 24 hour veterinary referral hospital, that they purchase the locus contingent upon obtaining a special permit, that they received a special permit in June 2005, that they are seeking a special permit to allow additions and alterations to the building, that at the time of the original special permit they did not have detailed architectural drawings, that they proceeded with obtaining architectural drawings and determined that these additions and alterations are necessary, that there will be a overhead canopy installed at the pharmacy, that the entrance to there will be an entrance to the hospital with a canopy for the clients, that there will be an area for deliveries, bulk purchases and access to the dog exercise area, that the dumpsters will be closed and gated, that the area for the dumpster will be more accessible for their employees, that they contract with a medical waste contractor who dispose of medical waste in compliance with all regulations, that the Building

Commissioner indicated that a certain plan was referenced in the original special permit, that the architectural plans with the alterations require a new special permit according to the Building Commissioner, that the building is nonconforming in the sense that the green space is not adequate, that this was a nonconformity in existence when the building was purchased, tat the green space is between the parking area, that the green space is indicated as the darkened space on the reduced plan filed with the petition, that the green space area will be grass, that there is a security system in place that complies with Drug Enforcement Agency requirements, that for very sick animals who have had surgery there will be an area where they are walked at night in an interior weather during inclement weather, that the waste is disposed in a dumpster picked up by a medical waste removal contractor, that they arrange with a crematory or for a coffin and await instructions from clients when proceeding with a deceased animal, that there is no disposal of remains of animals on site, that waste removal is immediate, that they have a freezer for deceased animals when a decision of disposition is being made, that they are sensitive to their grieving clients, that approximately once a month the freezer is cleaned out, that they must proceed with caution when advising an owner of a deceased pet, that no waste goes into the sewer system, and that there are no animal experiments conducted at the site. Alderman Bruen stated that she has used the petitioner’s services in the past. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, 10 Tower Office Park, Woburn stated that he supports the petition and that the petitioner is a good company.

OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-

0. PUBLIC HEARING CLOSED. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the amendment as follows: 1. That the plan of record shall be the plan dated December 2, 2005 and entitled “Proposed Site Alterations, 20 Cabot Road, Woburn, Massachusetts”, all in favor, 9-0.

 

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On the petition by Hospitality Management Corporation of America, Inc., 204 Charles Street, Waltham, Massachusetts 02453 for a special permit to erect and attach a second sign to existing base and column, property and existing sign erected under special permit issued under Notice of Special Permit dated April 26, 1983, and application affected by 1985 Woburn Zoning Ordinances, as amended, Sections 7.3, 11.3 and 13.9, for property located at 15 Middlesex Canal Park Road. PUBLIC HEARING OPENED. A copy of a communication dated January 5, 2006 to Edmund P. Tarallo, Planning Director, from Brett F. Gonsalves, Senior Engineer was received as follows:

 

Subject: 15 Middlesex Canal Park – Special Permit for Sign – Special Permit application dated 12/16/05

 

This office has reviewed the Special Permit application for the above referenced project and takes no exception to the alterations as they are shown on the plan submitted with the application.

 

If you or the Board have any questions regarding this information, please do not hesitate to contact this office.

 

A communication dated January 12, 2006 was received from Edmund P. Tarallo, Planning Director as follows:

 

Re: Hospitality Management Corp. of America, Inc. -15 Middlesex Canal Park Rd. – Special Permit to erect and attach a second sign.

 

Dear Mr. Campbell and members of the City Council:

 

At the meeting held on January 10, 2006, the Planning Board voted to send a favorable recommendation to the City Council regarding the Special Permit application of Hospitality Management Corp. of America, Inc. to erect and attach a second sign under the existing sign at 15 Middlesex Canal Park Rd. said signs shall be as shown on the plan from Magellan Signs dated 10/05-11/30/05.   

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Attorney Robert V. Eberle, 204 Charles Street,

Waltham, Massachusetts and he stated that the petitioner is operating as the Holiday Inn Select, that they wish to erect a second sign for a new restaurant known as Tony Pilla’s, that the sign would be attached to the existing base, that the sign will be illuminated from within, that the signs will be approximately 100 square feet in area on each side, that the sign will be approximately 20 feet wide by 5½ feet high, that the same sign will be on both sides, that the top of the sign will be approximately three feet below the existing sign which will be approximately 37 feet from the ground, and that the sign will be significantly smaller than the hotel sign which will be changed due to a change in the brand of hotel. Alderman Denaro stated that there are a number of sign issues in the city, that he is not necessarily opposed to this petition, that there is an effort to have consistency in signs in the city, that no dual signs have been allowed except on a marquee type sign, that he is not certain how the sign will be viewed by the Building Department even though a special permit may be granted, and that there is no problem with the concept but even with the special permit there may be issues with the Building Department concerning the sign. Alderman Galvin stated that this petition does comply with the zoning code and the matter is not being rushed through. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, 10 Tower Office Park, Woburn stated that this was the second hotel constructed in Woburn, that they are changing ownership, that the petitioner is interested in working with the city, that they have been cooperative during the Lions Club parade, that the restaurant will be operated independently from the hotel, and that this sign will give the restaurant recognition. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-

0. PUBLIC HEARING CLOSED. Motion made and 2nd that the SPECIAL PERMIT be

GRANTED, AS AMENDED, with the condition as follows: 1. That the plan dated November 20, 2005 referenced in the Planning Board decision shall be the plan of record, all in favor, 9-0.

 

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On the petition by Bonanno Construction, Inc., 12 Longmeadow Road, Arlington,

Massachusetts 02474 for a special permit pursuant to the 1985 Woburn Zoning Ordinances, as amended  as follows: 1. Pursuant to Section 5.1.43 for the storage of new or used building materials or equipment, 2. Pursuant to Section 5.1.57b for the storage or parking of commercial motor vehicles to be used in petitioner’s construction business, 3. Alternatively, pursuant to Section 7.3 for the extension or alteration or a non-conforming use to allow petitioner to store building materials and equipment and to store and park commercial motor vehicles, all at 239 Salem Street. PUBLIC HEARING OPENED. A copy of a communication dated January 5, 2006 to Edmund P. Tarallo, Planning Director, from Brett F. Gonsalves, Senior Engineer was received as follows:

 

Subject: 239 Salem Street – Special Permit – Revised Plan dated 11/16/05 – Special Permit application dated 12/5/05

 

This office has reviewed the Special Permit application for the above referenced project and takes no exception to the alterations as they are shown on the plan submitted with the application.

 

If you or the Board have any questions regarding this information, please do not hesitate to contact this office.

 

A communication dated January 12, 2006 was received from Edmund P. Tarallo, Planning Director as follows:

 

Re: Bonanno Construction, Inc. 239 Salem Street – the extension or alteration of a nonconforming use under the Woburn Zoning Ordinance Section 7.3 to allow storage

 

Dear Mr. Campbell and Members of the City Council:

 

At the meeting held on January 10, 2006, the Planning Board voted to forward an unfavorable recommendation to the City Council regarding the application Bonanno Construction, Inc. to allow storage of building materials or equipment and to store and park commercial motor vehicles under Section 5 of the Zoning Ordinance or an extension of the non-conforming use under Section 7.3 at 239 Salem Street because the proposal does not provide satisfactory ingress or egress from the property, the lack of adequate parking, and would be more detrimental to the neighborhood than the existing use.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Attorney Geoffrey A. Curtis, Curtis Law Office, Eight Cedar Street, Suite 55, Woburn, Massachusetts 01801 and he stated that the petitioner is a family business, that they have been in business for 43 years, that there is a building on the locus located 70 feet back from the roadway, that the grade of the locus rises up from the street, that there are two parcels on an ANR plan making up the locus, that there is an 18,000 square foot parcel and a 10,000 square foot parcel that abuts the railroad tracks, that parking would be located behind the house, that the property abuts an electrical contractor’s property, that there is a five acre commercial property, railroad tracks, a masonry and concrete supply yard and a tree removal company located in the immediate area, that the petitioner builds and installs walkways, driveways and patios, that compared to other uses the petitioner has much smaller equipment than what is in the neighborhood, that the Planning Board indicated that there are too many uses being squeezed onto the property, that there is a tenant in a residential building located on the locus, that the residential building was constructed in the 1880s, that the tenant has two to four cars as well as a Second Class Motor Vehicle Sales license for one car at the property, that there can be as many as eight cars at the locus, that the petitioner will swap out their cars for equipment each day, that the Planning Board saw this as burdening the egress and ingress to the locus, that the petitioner has reviewed the comments of the Planning Board, that the petitioner will eliminate the residential use and the motor vehicle sales license, that the residential building will be used for office space, that the petitioner will have less water and sewer use with no residential tenant, that the use is comparable to a lesser extent to the abutting properties, that there is no heavy lighting, that there is no manufacturing, that there is no traffic except for one trip out in the morning and one trip returning in the afternoon, that there will be no noise or glare from the use, that the petitioner requests a favorable vote on the petition, that there will be no motor vehicle sales or residential component, that there were no improvement plans budgeted for the project at this time, that the petitioner intended on making a decision as to whether to tear down the residential building or to renovate it, that they were going to use rent collected from the residential tenant to improve the lot, that they want to take some time to work with the lot and determine in the future any appropriate changes, that he agrees that the lot is in tough shape, that the petitioner intends that at some time this will be the best looking lot on Salem Street, that cars will arrive in the morning, trucks leave the locus in the morning and return at the end of the day, and then the cars will leave the locus is a fair assessment of the use coupled with some minimal use of the building for office space, that there is an elimination of the residential use, that the locus could be used as a show piece of the type and quality of work the petitioner performs, that it is still early enough in the process to decide these issues, that purchasing the property was a large investment for the petitioner, that adding on $300,000.00 to $400,000.00 for upgrades was something that they planned to do in steps, that the general office uses at the locus will generate more traffic with customers and clients, that the petitioner’s vehicles require only regular drivers licenses, that the vehicles and equipment are at the smallest end of intensity of construction equipment, that the issues can be discussed in committee, that the petitioner only has frontage on Salem Street, that an easement would be needed to enter and exit from Walnut Hill Park and that is not likely, that the trailers are not permanently attached to the trucks, that the bobcat would be brought to a site and return to the locus upon completion of a job, that one of the sketches shows a fence, that the existing driveway is currently approximately 12 foot wide, that the petitioner would like to increase the width of the driveway, and that the ordinances only allow a width of 24 feet for the driveway. Attorney Curtis offered photographs of the locus to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. Attorney Curtis offered letters of recommendation to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. Robert Bonanno 25 Cresthaven Drive, Burlington, Massachusetts stated that he is the owner of the property, that materials are picked up each day for a job or delivered to the job site, that the remainder of the materials will be brought to the locus at the end of the day, that they will use the garage to store the unused materials, the cement mixer and the bobcats and trucks, that there will be no storage in the house, and that the house will be used for office only. Alderman Bruen stated that she disagrees that the use fits in with the surrounding neighborhood, that the past City Councils made strides in cleaning up the business uses in that area, that the locus will be a parking lot, that the petitioner will be taking trailers from Burlington and Arlington and moving them to Woburn, that there have been issues with that property in the past, that this is not the petitioner’s fault but the City Council must look carefully at the property, that in east Woburn resident and business co-exist, that the locus in nearby a residential street that serves as an important residential access route, that there have been no plans presented to show how the locus will be improved, that the petitioner has merely asked to park vehicles at the locus, that cars will park at the locus in the morning, trucks will leave the locus and return at the end of the day to be parked at the locus, and the cars will leave the locus to return to the owners homes in Arlington and Burlington, that the equipment vehicles are not small enough not to be seen from the street, that the city encourages business to locate here however it does not sound like a business will locate in Woburn as much as the locus will be used as a parking lot, and that there needs to be some indication of what improvements will be done. Alderman Ciriello stated that he is also concerned with the type of landscaping, fencing and other improvements will be installed or made to the property, that the curb appeal of the property is important, that there needs to be a definite time line for when the improvements will be made, and that there will have to be a limit on the number and type of vehicles at the site. Alderman Drapeau stated that he is concerned with access and egress onto Salem Street and that he wanted to know if Walnut Hill Park is accessible to the property. Alderman Gately stated that he is concerned with the width of the driveway, and that if a vehicle is exiting the lot while one is entering the lot there will not be enough room and one of the vehicles will have to back up. Alderman Denaro stated that the issues can be worked out in committees, that the locus needs to be cleaned up, and that the locus is currently blighted. Alderman Galvin stated that the property is located in the I-G zoning district and is surrounded by the I-G zoning district, that the topography is low in the front and rises to the back of the locus, that the property has sat underused for a period of time, and that he will defer to the ward Alderman however this is an opportunity to clean the property. Alderman Gonsalves stated that there would have to be conditions on the size and weight of vehicles that would be anticipated to be using the locus, and that this information should be provided in committee. IN FAVOR: Peter Carbone, Carbone Real Estate, 5 Campbell Street, Woburn stated that there was a proposal for a car wash at this location in 1994 or 1995, that the owner heard at that time that the neighbors do not want a high use, heavy traffic use at the locus, that the property was marketed with this in mind, and that the use must blend with the neighborhood and be and improvement to the neighborhood. OPPOSED: None. Motion made and 2nd that the public hearing be continued to the Regular Meeting of the City Council on February 7, 2006 and that the matter be referred to the Committee on Special Permits for further review, all in favor, 9-0.

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COMMITTEE REPORTS: None.

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CITIZEN’S PARTICIPATION:  None.

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NEW PETITIONS:

 

Petition by Boys & Girls Club of Woburn, Inc., Charles Gardner Lane, Woburn,

Massachusetts for a special permit to conduct a carnival at the National Amusement site (Showcase Cinemas) from May 16, 2006 through May 21, 2006. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Frank D. Valentino, 1200 Salem Street, #181, Lynnfield, Massachusetts

01940 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, so as to extend, alter, and change a pre-existing nonconforming three family rental unit, in a non-conforming structure, on a non-conforming lot, to a three unit townhouse structure at 66-68 Fowle Street and 102 Prospect Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-

0.

 

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Petition by Lady Grace Stores, Inc., P.O. Box 128, Malden, Massachusetts 02148 for two special permits pursuant to the 1985 Woburn Zoning Ordinances, as amended as follows:

1. Pursuant to Section 5.1.42 to allow for warehouse and distribution use, 2. Pursuant to

Section 5.1.57b to allow for the parking of commercial vehicles, both at 5 Commonwealth Avenue. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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COMMUNICATIONS AND REPORTS:

 

A communication dated January 10, 2006 with attachment was received from Joanne Collins, Director, Council on Aging including the minutes of the December meeting of the Council on Aging. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated January 4, 2006 with attachment was received from Attorney Geoffrey A. Curtis, Curtis Law Office, 8 Cedar Street, Suite 55, Woburn, Massachusetts 01801 as follows:

 

Re: Abudulla H. Nasser

 

Dear Ladies and Gentlemen:

 

This office represents Mr. Abdulla H. Nasser, dba AACO Travel and Taxi, with respect to his taxicab license. As you may recall, on March 28, 2005 the Council granted Mr. Nasser a license to operate a taxicab. A copy of the City Council’s decision is enclosed for your convenience.

 

Mr. Nasser now seeks to add another taxicab to his business in order to provide him with some coverage during busy periods. Accordingly, Mr. Nasser requests the Council to increase the number of taxicabs licensed from one (1) to (2).

 

Please call me if you have any questions or if you require my client and I to appear before any hearings.

 

Very truly yours, s/Geoffrey A. Curtis

 

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

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS: 

 

A communication dated January 10, 2006 was received from His Honor the Mayor as follows:

 

Dear Mr. Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby re-appoint Vincent Simeone of 140 Mishawum Road as a Member of the Council on Aging. Please be advised that the term will expire on December 31, 2008. Mr. Vincent Simeone, whose term has expired will be reappointed. The effective date of this appointment will be the date of confirmation by the City Council.

 

If you have any questions, please feel free to contact me.

 

Sincerely, Thomas L. McLaughlin, Mayor

 

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

 

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A communication dated January 10, 2006 was received from His Honor the Mayor as follows:

 

Dear Mr. President and Distinguished Members of the City Council:

 

By the power vested in me as Mayor of the City of Woburn, I hereby re-appoint Mary McFague of 8 Hiawatha Road as a Member of the Council on Aging. Please be advised that the term will expire on December 31, 2008. Ms. Mary McFague, whose term has expired will be reappointed. The effective date of this appointment will be the date of confirmation by the City Council.

 

If you have any questions, please feel free to contact me.

 

Sincerely, Thomas L. McLaughlin, Mayor

 

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

 

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A communication dated January 10, 2006 was received from His Honor the Mayor as follows:

 

Dear Mr. President and Distinguished Members of the City Council:

 

By the power vested in me as Mayor of the City of Woburn, I hereby re-appoint Jean Cronin of 18 Mayflower Road as a Member of the Council on Aging. Please be advised that the term will expire on December 31, 2008. Ms. Jean Cronin, whose term has expired will be reappointed. The effective date of this appointment will be the date of confirmation by the City Council.

 

If you have any questions, please feel free to contact me.

 

Sincerely, Thomas L. McLaughlin, Mayor

 

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

 

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A communication dated February 2, 2004 was received from His Honor the Mayor as follows:

 

Dear Mr. President and Distinguished Members of the City Council:

By the power vested in me as Mayor of the City of Woburn, I hereby re-appoint William Capone of 7 Maura Drive as a Member of the Council on Aging. Please be advised that the term will expire on December 31, 2008. Mr. William Capone, whose term has expired

will be reappointed. The effective date of this appointment will be the date of confirmation by the City Council.

 

If you have any questions, please feel free to contact me.

 

Sincerely, Thomas L. McLaughlin, Mayor

 

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

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MOTIONS, ORDERS AND RESOLUTIONS:

 

RESOLVED Whereas, there are public safety concerns and drainage issues in the area that require immediate attention,

 

Now, Be It Hereby Resolved by the City Council of the City of Woburn that His Honor the Mayor direct the Superintendent of Public Works to install new granite curbing and cement sidewalk on Fulton Street from Green Street to Blueberry Hill Road and on Leonard Street from Green Street to Blueberry Hill Road.

 

s/Alderman Gately

 

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

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 20, 2006

 

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RESOLVED Whereas, members of the public often interact with employees of the City of Woburn who arrive at their residences or places of business in city owned vehicles; and

 

Whereas, it is necessary that the public have certainty that the individuals are in fact city employees who are conducting official business;

 

Now, Therefore, Be It Resolved by the City Council of the City of Woburn that His Honor the Mayor instruct all department heads with cityowned vehicles assigned to their department to comply with Title 2, Article XXVII, Section 1-177 of the 1989 Woburn Municipal Code, as amended, with respect to lettering of city-owned vehicles.

s/Alderman Gately

 

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

Presented to the Mayor: January 20, 2006            Returned Unsigned Jan. 25, 2006

 

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RESOLVED Whereas, members of the public interact daily with city employees in our city-owned buildings as well as at their residences and on the public ways; and

 

Whereas, the safety of the public and city employees as well as the security of our city-owned buildings are paramount interests;

 

Now, Therefore, Be It Resolved by the City Council of the City of Woburn that His Honor the Mayor instruct the Chief of Police to determine the feasibility of establishing a program of providing identification badges to all city employees to be worn while conducting official city business, including the cost of the program, the benefit that would be gained from the program, and a time schedule for implementing such a program.

s/Alderman Gately

 

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

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 20, 2006

 

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RESOLVED Whereas, the safety of pedestrians walking along the public streets and ways in the city and the public traveling on the streets and ways in motor vehicles is a priority for the city; and

 

Whereas, motor vehicles traveling at speeds in excess of posted speed limits jeopardize the safety of pedestrians and other motorists; and

 

Whereas, encouraging motorists to obey the posted speed limits within the city is a duty of the city; and

 

Whereas, permanent digital speed advisory signs have a deterrent effect on motorists exceeding the posted speed limits; and

 

Whereas, Lexington Street, Sylvanus Wood Lane, Russell Street and Revere Road are heavily traveled, residential streets where excessive speed of motor vehicles has been reported,

 

Now, Therefore, Be It Resolved by the City Council of the City of Woburn that the Traffic Commission determine the feasibility and associated costs of installing permanent digital speed advisory signs on Lexington Street, Sylvanus Wood Lane, Russell Street and Revere Road and report its findings to the City Council.

s/Alderman Drapeau

 

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

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 20, 2006

 

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RESOLVED Whereas, the intersection at the Four Corners is heavily traveled by motor vehicles and trucks; and

 

Whereas, the free-flow of traffic in that intersection is vital as it serves as a gateway to the many residences located on the West Side of the city;

 

Now, Therefore, Be It Resolved by the City Council of the City of

Woburn that His Honor the Mayor instruct the Superintendent of Public Works to work in cooperation with MassHighway to study the timing of the traffic control signals in the Four Corners and to adjust the traffic control signals as necessary to improve traffic flow through the intersection.

 

s/Alderman Drapeau

 

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

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 20, 2006

 

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RESOLVED Whereas, Main Street at Wyman Green is a heavily traveled area of the city and intersects at that point with Lowell Street, Wilcox Circle and Eaton Avenue; and

 

Whereas, in addition to the traffic passing by this area there are several thriving local businesses with a clientele who arrive and depart in motor vehicles; and

 

Whereas, the Wyman Elementary School is a neighborhood school which is located at the intersection of Eaton Avenue and Main Street and is a school where many young children walk to and from classes each day using the city sidewalks and crossing the streets; and

 

Whereas, there are no school zone signals erected along this section of

Main Street to warn motorists of the school zone;

 

Now, Therefore, Be It Resolved by the City Council of the City of

Woburn that school zone warning lights be erected at the entrances to the Wyman Elementary School school zone on Main Street at Wyman Green which are programmed to flash a warning signal to drivers at appropriate times of the day and that the funding for such improvement be obtained from the Traffic Mitigation Account or other appropriate city account.

s/Alderman Dwyer

 

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

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 27, 2006

 

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RESOLVED That in the interest of public safety and convenience the City Council hereby requests that His Honor the Mayor instruct the Superintendent of Public Works to repave Parkview Road for its entire length and width.

s/Alderman Dwyer

 

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

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 20, 2006

 

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RESOLVED That in the interest of public safety and convenience the City Council hereby requests that His Honor the Mayor instruct the Superintendent of Public Works to repave Rumford Park Road for its entire length and width.

s/Alderman Dwyer

 

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

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 20, 2006

 

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RESOLVED That in the interest of public safety and convenience the City Council hereby requests that His Honor the Mayor instruct the Superintendent of Public Works to repave Page Place for its entire length and width and to repair and complete the construction of concrete sidewalks with granite curbing on both sides of Page Place.

 

s/Alderman Dwyer

 

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

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 20, 2006

 

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RESOLVED That the Planning Board study the issue of signs at drive-thru facilities of every kind, including but not limited to the feasibility of establishing regulations relative to the size of signs, the distances and location of the signs on the locus, and to provide to the City Council recommendations for any necessary action determined to be necessary.

s/Alderman Denaro

 

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

Presented to the Mayor: Jan. 20, 2006       s/Thomas L. McLaughlin Jan. 20, 2006

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:39 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

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