Meeting Agenda
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CITY OF WOBURN
JANUARY 20, 2015 – 7:00 P.M.
REGULAR MEETING OF THE CITY COUNCIL
Roll Call
Anderson |
Gaffney |
|
Concannon |
Gately |
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DiTucci |
Mercer-Bruen |
|
Drapeau |
Raymond |
Haggerty
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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 communication dated January 15, 2015 was received from His Honor the Mayor Scott D. Galvin as follows:
Re: Creation of Mayor’s Substance Abuse Task Force Coordinator
Dear President Haggerty and Members of the City Council:
I am forwarding an order regarding the creation of above referenced position for your consideration.
As I mentioned in my State of the City address, addiction to heroin and opiates continues to plague our community and other communities across the nation. It is critical that we expand on our efforts to help thwart this nationwide trend – one that has already taken too many lives of young people in our community.
I am submitting language, drafted cooperatively with City Solicitor Ellen Callahan Doucette, to create a Mayor’s Task Force Coordinator. This position is critical to our collaborative work to educate the community about this epidemic and intervene on behalf of those in need of services.
Please let me know if you have any questions.
Sincerely, s/Scott D. Galvin
Attached thereto was the following Order:
ORDERED Be it ordained by the City Council of the City of Woburn, that Title 2, Administration and Personnel, of the Municipal Code of the City of Woburn be amended by inserting the following new Article and Section as follows:
XLI. Mayor’s Substance Abuse Task Force Coordinator
2-255 Establishment/Salary
There is hereby established the position of Substance Abuse Task Force Coordinator who shall be appointed by the Mayor. The position shall be compensated at $25.00 per hour.
2-256 Qualifications and Duties
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- The Substance Abuse Task Force Coordinator shall at a minimum, have a Bachelor’s Degree from an accredited college or university; or have equivalent experience in a field related to youth development such as education, psychology, nursing, or sociology, and have a working knowledge of substance abuse treatment programs and substance abuse prevention curriculum, meeting coordination and facilitation practices, and laws and regulations related to substance abuse.
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- The duties of the Substance Abuse Task Force Coordinator shall be to identify and expand resources for educating the community and its families; identify resources for treatment access; foster competent community collaboration in prevention planning, action and evaluation; and involve young people in peer-oriented prevention efforts in a common goal to remain drug-free. The Substance Abuse Task Force Coordinator shall identify state, federal or other sources of funding and apply for grants to supplement city funding. The Substance Abuse Task Force Coordinator shall coordinate with the
Police and Fire Departments, the School Department, Recreation Commission and Board of Health and any other necessary agency to further the City’s mission to prevent drug abuse and provide support, treatment, access and education to the public.
s/President Haggerty
Motion made and 2nd that the communication be received and placed on file, all in favor, 9-0. Motion made and 2nd that the ORDER be REFERRED TO COMMITTEE ON ORDINANCES, all in favor, 9-0.
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PUBLIC HEARINGS:
Motion made and 2nd that the public hearing on the following two petitions by held collectively, all in favor, 9-0.
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On the petition by Woburn Foreign Motors, 394R Washington Street, Woburn,
Massachusetts 01801 for a special permit to modify a special permit dated December 5, 2002 which Decision allowed for the alteration of an existing non-conforming structure by the construction of a covered service drive at 394 Washington Street and Special Permit pursuant to the 1985 City of Woburn Zoning Ordinance, as amended, as follows: 1. Section 5.1 (45) (69) and 7.3 to allow for the sale or rental of automobiles, trucks, truck trailers, and motorcycles including accessory repair and storage facilities; 2. That the new site plan of record be the plan entitled “Site Plans for Woburn Foreign Motors Proposed Redevelopment, 394 Washington Street, Woburn, MA 01801” dated August 7,
2014, prepared by Allen & Major Associates, Inc., 100 Commerce Way, Woburn, MA 01801 (the Plan); and 3. In addition, the Petitioner seeks approval of the following modifications to the existing Site Plan of record: to allow for a stand-alone car wash within the interior of the building, additional parking spaces, transformer; dumpsters and fuel pump, all as shown on the Plan, at 394 Washington Street. PUBLIC HEARING OPENED. A communication dated January 15, 2015 was received from Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:
Re: Special Permit Petition of Woburn Foreign Motors, 394 Washington Street, Woburn, Massachusetts
Dear Mr. Campbell:
Since VHB has not provided its preliminary report in connection with the Peer Review, I respectfully request that the City Council public hearing on this matter presently scheduled for January 20, 2015 be continued to the City Council meeting on February 3, 2015. If you need any further information, please contact me. Thank you.
Very truly yours, s/Joseph R. Tarby, III
Motion made and 2nd that the communication be received and made part of the record, all in favor, 9-0. Appearing for the petitioner was Attorney Joseph R. Tarby and he stated that the petitioner requests more time before proceeding, that the peer review is in the process of being completed, that the preliminary report was received, that the engineers will meet to review the preliminary report, and that he now asks that the matter be continued to the February 17, 2015 meeting. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO A DATE
DETERMINED AT THE DISCRETION OF THE CITY COUNCIL PRESIDENT, all in favor, 9-0.
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On the petition by Woburn Foreign Motors, 394R Washington Street, Woburn,
Massachusetts 01801 for special permits pursuant to the 1985 City of Woburn Zoning Ordinance, as amended, as follows: 1. Section 5.1 (45) to allow for the sale or rental of automobiles, trucks, truck trailers, and motorcycles including accessory repair and storage facilities; 2. Section 5.1 (69) and 7.3 to allow for the replacement of the existing non-conforming six (6) foot fence as shown on the plan with a six (6) foot wall; 3. Section 8.7 to allow for a reduction in the off street loading requirements; 4. Sections 5.1 (69), 7.3 and 13.5 to allow for the alteration of the existing non-confirming signage; 5.
Footnote 8 to Section. 6.1 to allow for an increase in the building height from thirty-five (35) feet to forty-five (45) feet, more or less; 6. Section 8.6.3 to allow for an exception to the area and landscaping requirements to allow for alternate landscaping equal or superior in visual appearance; and 7. Sections 12.2.4 and 12.3.2 to allow for the replacement of the existing buildings on the property with a new building containing approximately 152,600 square feet in gross floor area, more or less, at 394R Washington Street.
PUBLIC HEARING OPENED. A communication dated January 15, 2015 was received from Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:
Re: Special Permit Petition of Woburn Foreign Motors, 394R Washington Street, Woburn, Massachusetts
Since VHB has not provided its preliminary report in connection with the Peer Review, I respectfully request that the City Council public hearing on this matter presently scheduled for January 20, 2015 be continued to the City Council meeting on February 3, 2015. If you need any further information, please contact me. Thank you.
Very truly yours, s/Joseph R. Tarby, III
See record notes from preceding matter. Motion made and 2nd that the PUBLIC
HEARING be CONTINUED TO A DATE DETERMINED AT THE DISCRETION OF THE CITY COUNCIL PRESIDENT, all in favor, 9-0.
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On the petition by Madison Properties, 20 Park Place Plaza, Suite 433, Boston,
Massachusetts 02116 for special permits pursuant to the 1985 Woburn Zoning
Ordinances, as amended, to allow for the construction at 369 Washington Street of a
Mixed Use Hotel/Restaurant Use as follows: 1. Special Permit pursuant to Section
5.1.20a to allow for a Mixed Use Hotel/Restaurant Use; 2. Special Permit pursuant to Section 5.1.29 and Section 11.6.10 to allow for a fast food restaurant with a drive up customer service facility; 3. Special Permit pursuant to Section 5.1.28, Note 16 to allow for restaurant hours in excess of 11:00 p.m.; 4. Special Permit pursuant to Section 5.7.6 to allow alternative screening devices; 5. Special Permit pursuant to Section 6.1, Note 8 to allow for the height of the proposed hotel to be in excess of thirty-five (35) feet; 6. Special Permit pursuant to Section 8.7.6 to allow for a reduction in off street loading requirements; 7. Site Plan Approval pursuant to Section 12.2.1 and 12.3.2 to allow for a fast food restaurant; and 8. Site Plan Approval pursuant to Section 12.2.4 and 12.3.2 to allow for construction in excess of 15,000 square feet and more than 100 parking spaces, all at 369 Washington Street. PUBLIC HEARING OPENED. A communication dated December 30, 2014 was received from Tina P. Cassidy, Planning Director as follows:
Re: Planning Department Comments on Special Permit Applications for “Woburn
Landing” at 369 Washington Street/Madison Properties
Dear Honorable Council:
The Planning Department has reviewed the above-referenced petition which seeks the following special permits to allow for the construction of a 158,125 sq. ft., 250-room hotel, two full-service restaurants totaling 13,771 sq. ft., and a fast food restaurant on this 12+/- acre site:
- Section 5.1.20a (Mixed Use Hotel/Restaurant use)
- Section 5.1.29 (Fast Food restaurant use and hours of operation in excess of 6:00 a.m. to 11:00 p.m.)
- Section 5.1.28 (Full service restaurant use and hours of operation in excess of 6:00 a.m. to 11:00 p.m.)
- Section 5.7.6 (Buffer zone requirements, to authorize alternative screening methods)
- Section 6.1 Note 8 (Waiver of building height limit when within 700 linear feet of an R-1, R-2 or R-3 Zoning District)
- Section 8.7.6 (reduction of off-street loading requirements)
- Section 11.6.10 (drive-up customer service facility)
- Sections 12.2.1 and 12.2.4 (site plan review for fast food restaurant, construction of more than 15,000 sq. ft. of gross floor area and more than 100 parking spaces)
The Planning Department recommends the City Council consider the following issues/comments as it considers this request:
- The plans should be revised to show appropriate on-site snow storage capacity and the approved plan routed to the Zoning Enforcement Officer. Note #3 on Sheet C-2 states “Snow stockpile area may be used if snow storage within other landscape areas is no longer available…The intent is not for all snow to be placed within this area, only that additional storage is available should it be required. The overall height of the snow storage shall not exceed 8-feet.” The proposed snow storage area(s) should be identified so they can be evaluated for potential visibility issues with potential snow pile heights of eight [8] feet and proximity to wetlands;
- Section 8.7.1.1. of the Zoning Ordinance requires that the hotel have three (3) loading bays. The applicant is requesting a special permit to reduce the loading requirements but it is not clear whether the request is for total or partial relief from the requirement. Specifics should be ascertained and the plans revised if/as appropriate. On a related note, the Council may want to consider limiting deliveries made via the hotel’s main entrance to “in-hand” deliveries such as newspapers and small parcels/express mail;
- Consultation with the Director of Inspectional Services revealed the two drivethrough lanes for the fast food restaurant meet the stacking (lane capacity) requirements of Section 11.6.10.b. of the Zoning Ordinance. However, the
Inspectional Services Director and Planning Director recommend that two (2) parking spaces near the drive-through be reserved for drive-through patrons, in the event the number of drive-through patrons exceeds lane capacities during peak times. The suggested spaces are shown as spaces A and B on the attached sketch plan;
- The plan proposes two (2) free-standing directional signs in the interior of the parking lots for restaurant B. These signs can be allowed via Section 13.2.8 of the Zoning Ordinance (in which case the Council will need to determine they are in fact “necessary”), or via Section 13.10.6 (in which case they must be located at least five feet [5’] from all driveways with written approval from the Police Chief);
- Aside from the signs noted in the preceding paragraph, the application package does not include information about directory or free-standing sign(s) for the site or for any wall signs for the individual establishments. If any directory or free-standing signage is planned aside from that mentioned in the previous paragraph, at least the location(s) of such signage should be shown on what will become the Plans of Record. This will avoid the need for one or more subsequent special permit modification applications.
In addition, it would be appropriate to add two sign-related notations to the Plan of
Record: (a) any signage must be approved via separate application to the Director of Inspectional Services and/or the appropriate municipal authority (e.g. City Council) and (b) all signage must comply with all requirements of Section 13 of the Woburn Zoning Ordinance;
- Adding stop signs at both ends of the driveway behind the hotel would improve safety for driveway traffic trying to enter the stream of vehicles in the main travel aisles;
- No plantings or other landscape features should interfere with the visibility of motorists entering, exiting, or crossing the site; and
- The trash enclosures for restaurants A and B are in highly visible locations. The enclosure/screening for restaurant A will consist of a combination of concrete block walls, 8-9’ tall arborvitae shrubs, and gates. The enclosure/screening for restaurant B will consist of a fence, 8-9’ tall arborvitae shrubs and gates. The applicant informs Planning staff that neither of the gate enclosures will extend into travels lanes when open.
Planning staff recommends the Council (a) determine and approve the height and materials of all trash area fencing, walls and gates; (b) consider requiring the concrete block enclosure associated with restaurant A to be painted the same color as the body of that restaurant; (c) prohibit servicing of trash refuse areas between the hours of dusk to dawn; and (d) require the elimination of spaces C, D, and E noted on the attached sketch plan to address the possibility that the enclosures and landscaping will affect motorists’ ability to safely back out of those spaces. In lieu of using the areas for parking, it is recommended that additional landscaping be added to further screen the refuse areas from public view.
Thank you for the opportunity to comment on this application. Please feel free to contact me at (781) 897-5818 if you have any questions regarding this correspondence.
Respectfully, s/Tina P. Cassidy, Director
A communication dated January 6, 2015 with attachments was received from Tina P. Cassidy, Planning Director as follows:
Re: Additional Planning Department Comments on Special Permit Applications for “Woburn Landing” at 369 Washington Street/Madison Properties
Dear Honorable Council:
I received the attached letter and revised plans shortly after finalizing my December 30, 2014 comment letter to you on the above-referenced application. Taken together, the letter and plan revisions largely respond to the comments and concerns raised in my earlier correspondence.
Please feel free to contact me directly if you have any questions.
Respectfully, s/Tina P. Cassidy, Director
A communication dated January 15, 2015 was received from Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:
Re: Special Permit Petition of Madison Properties, 369 Washington Street, Woburn, Massachusetts
Dear Mr. Campbell:
Since VHB has not provided its preliminary report in connection with the Peer Review, I respectfully request that the City Council public hearing on this matter presently scheduled for January 20, 2015 be continued to the City Council meeting on February 3, 2015. If you need any further information, please contact me. Thank you.
Very truly yours, s/Joseph R. Tarby, III
Motion made and 2nd that the communications be received and made part of the record, all in favor, 9-0. Appearing for the petitioner was Attorney Joseph R. Tarby and he stated that peer review of the project is being completed, and that he asks that the public hearing be continued to February 17, 2015. PUBLIC COMMENTS: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO A DATE DETERMINED AT THE DISCRETION OF THE CITY COUNCIL PRESIDENT, all in favor, 9-0.
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On the petition by John P. Flaherty and Kathryn A. Flaherty to further amend the 1985
Woburn Zoning Ordinances, as amended, by adding a new definition for “Church
Buildings” in Section 2 Definitions and by adding a new Section 27 “Adaptive Reuse of Church Buildings” as set forth in the petition. PUBLIC HEARING OPENED. A report was received from the Committee on Ordinances as follows: “back for action with revisions as follows (revisions from Committee meeting in italics and underlined):
- That Section 2 (Definitions) of the 1985 Woburn Zoning Ordinance as amended be further amended by adding the following definition to Section 2:
HOUSE OF WORSHIP: A building which was built and used for the primary purpose of assembly for religious worship. For purposes of this ordinance the term “house of worship” shall not include any other building, structure, or use now or formerly associated with religious practice such as, but not limited to, convents, rectories, schools and cemeteries.
- That a new Section 27 entitled “ CONVERSION OF HOUSES OF WORSHIP” be added to the 1985 City of Woburn Zoning Ordinance as amended, as follows:
Section 27 Adaptive Reuse of Houses of Worship
27.1 Purpose of District
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- To allow for the reuse of historic houses of worship deemed Significant Buildings or Structures, as defined by the Woburn Municipal Code, in a manner that will promote economic development and provide housing in the community;
- To encourage the preservation of houses of worship deemed to be Significant Buildings or Structures through adaptive reuse for residential purposes;
- To provide housing for residents 55 years of age or older; and
- To provide an alternative to traditional land subdivision in order to minimize the visual impact(s) of redevelopment and reuse on abutting properties.
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27.2 Scope of Authority
A special permit may be issued for the conversion of a House of Worship on lots in the R-2 Zoning District which (1) contain a House of Worship that has been deemed to be a Significant Building or Structure by the Woburn Historical Commission using the criteria listed in Title 15, Article V, Section 15-16 of the Woburn Municipal Code, and which Significant Building or Structure was used as a house of worship within five (5) years of the date of application for a special permit under this Section, and (2) the lot has not been subdivided or reduced in size subsequent to 1/1/2015 or otherwise developed for any other purpose.
27.3 Uses By Right
1. Those uses permitted by right in the underlying zoning district.
27.4 Uses by Special Permit
A Special Permit shall be required from the Woburn City Council for the following use:
1. Multi-family dwellings located entirely within the House of Worship that has been deemed to be a Significant Building or Structure by the Woburn Historical Commission as provided herein.
27.5 Dimensional and Density Regulations
Dimensional and density regulations for the “Conversion of Houses of Worship” District shall be as follows provided, however, that the City Council may grant a Special Permit to authorize relief from the existing dimensional regulations so long as such relief does not allow for additional residential units or an increase in the height of the existing structure or the footprint except to address ADA compliance.
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- Maximum Permitted Density: 1.5 dwelling units for every 1,000 square feet of the House of Worship’s first floor gross floor area.
- Dimensional Regulations: For purposes of this Section 27, the existing House of Worship structure may be converted to a multi-family dwelling using its existing setbacks and ground coverage.
- Maximum Building Height
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a. No greater than the existing Structure
27.6 Off-Street Parking Requirements
1. At a minimum, off-street parking spaces shall include at least 2 spaces per unit and shall be provided in accordance with Section 8 of the Woburn Zoning Ordinance entitled Off Street Parking and Loading Facilities Regulations. All parking areas must conform to all applicable landscaping, screening, dimensional and other requirements of the Woburn Zoning Ordinance.
- That the following provision be added to Section 11.6. of this Ordinance as a new 11.6.12
12. Required Additional Findings for Conversion of Houses of Worship
In granting a Special Permit under Section 27, the City Council must make the following additional findings and conditions:
a. That the building or structure proposed for conversion to residential use has been deemed by the Woburn Historical Commission to be a “Significant Building or Structure”. In making this finding, the Woburn Historical
Commission shall use the criteria outlined in Title 15, Article V, Section 15-
16 of the Woburn Municipal Code;
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- That the building or structure proposed for conversion to residential shall be restored to its’ original historic character and preserved from an historic or architectural perspective in perpetuity;
- That conversion of the building or structure to residential use facilitates preservation or improvement of the existing character of abutting properties and the district generally;
- That the exterior design of the building shall not be substantially altered so as to change the character and architecture of the original design;
- The existing building footprint shall not be increased except to the extent that alterations are necessary to comply with the Americans With Disabilities Act;
- There shall be adequate room for container(s) for collection and disposal of refuse;
- Residents fifty-five (55) years of Age and Older:
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- At least fifty (50%) percent of the units shall be age restricted and designated for occupancy by at least one person who is fifty-five years of age or older.
- Prior to the issuance of a Special Permit under this Section 27, a deed or other recorded instrument showing the applicant to be the owner of the land to be designated as a Multiple Family Dwelling with fifty (50%) percent of the units restricted for persons 55 years of age or older shall be reviewed by the City Solicitor and approved by the City Council. It shall be a condition of any Special Permit granted hereunder that said Deed or other recorded instrument shall be recorded at the Middlesex County South District Registry of Deeds prior to the issuance of the Landowner’s Notice of Special Permit Decision by the City Clerk’s office.
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h. The lot shall not be subdivided or reduced in size or otherwise developed for any other purpose subsequent to 1/1/2015.
Appearing for the petitioner was Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that this process began on June 24, 2014 with a Planning Board public hearing, that on January 12, 2015 the Committee on Ordinances met and referred the matter back for action while requesting additional review by the City Solicitor, that the petitioner subsequently met with the City Council President, the Chair of the Committee on Ordinances and the City Solicitor, that comments were reviewed relative to the age 55 and older restriction, that an additional form of amendment was prepared following this meeting incorporating comments of the City Solicitor and the Planning Director, that there is a need for age 55 and older housing in Woburn, that this ordinance is timely as it will provide housing for residents age 55 and older, that the asks that the ordinance be adopted as amended in this report, that a restriction for only 55 and older makes financing difficult, that if it were not for this petitioner they likely would not have agreed to the proposed 55 and older restriction, that reducing density to 1.0 dwelling units for every 1,000 square feet will reduce the former St. Joseph’s Church property to only four units, that a discussion as to the number of units for the project is more appropriate once a special permit is applied for, that this zoning ordinance would allow the petitioner to apply for six units under the special permit process, that the compromise of 50% age 55 and older units should satisfy concerns and the number of units should be determined during the special permit process, and that the petitioner requests that the Order be adopted as proposed in the amended document. Alderman Anderson stated that the ordinance has been subject to considerable review and is ready for approval as revised. Alderman Mercer-Bruen stated that the proposed development is too dense, and that if an age 55 year and older use is needed in the city she asks why all of the units are not age 55 and older. Alderman Drapeau stated that a lot of work has gone into the ordinance and he will support this ordinance which in some small measure appears acceptable to the Ward Alderman. Alderman Concannon stated that there was genuine concern that adopting this as a citywide ordinance was going too far, that if it was possible to deal with just the former St. Joseph’s building without running afoul of spot zoning restrictions then this should have been done that way, that the petitioner has requested that the rules be changed for this petitioner at that property, that the City Council must balance whether changing the rules are in the best interest of the neighbors and the city, that there is some benefit as the city is preserving historical buildings and former houses of worship by creating residential units and age 55 and over housing, that he is not certain that the ordinance has gone far enough to protect the abutting properties, that he is concerned about the impact on neighbors if the density is too great, that the ordinance must have an appropriate density to protect the neighborhood, that the initial proposal was for three dwelling units and now for six dwelling units, that he remains unconvinced that five dwelling units will not work, that he believes that five dwelling units will work better than six dwelling units although five dwelling units is not better than four dwelling units, that he proposes that Section 27.5.1 be changed from 1.5 dwelling units for every 1,000 square feet to 1.0 dwelling units for maximum permitted density, that he proposes 27.7.8 be changed from 50% of the units to 40% of the units, that these amendments would make the project more palatable to the neighbors and would balance the goals of the ordinance, that there will be at least two additional properties in the city which will be affected by this ordinance, and that the density should be addressed in the zoning amendment. PUBLIC COMMENTS: Glen
Turgiss, 4 Central Street stated that the age 55 and older language is not a major barrier, that the ability to enforce the age 55 and older restriction does not outweigh the benefit, that the owners of the units can do what they want and the city has little authority to enforce the age 55 and older restriction, that regardless of how the building looks it is still an apartment in the R-2 zoning district, that once the units are sold and tenants do not pay their condominium fees the maintenance will be deferred, that this is a poor proposal as evidenced by eight months of review, that a good petition would have passed quicker, that this is not a good petition because it only affects church properties in the R-2 zoning district, that if this was a good proposal it would be in effect in all zoning districts, that this ordinance could lead to litigation as it could be considered spot zoning, and that city has loses control over special permits. Albert Audette, 279 Washington Street stated that Washington Street can be difficult, that he has resided there since 1955, that there were no complaints when parishioners were using the building and vehicles were parked on the street and in private driveways, and that the proposal is a good one. Laura Redick, 4 Central Street stated that the proposal has come a long way, that there is only one church property that is difficult to reuse and this is due to a deed restriction that prevents the building from being used as a new church property, that if this is a good proposal the ordinance should be adopted in all zoning districts, that the St. Barbara Church and St. Anthony Church properties will also be able to take advantage of this ordinance as they will have deed restrictions if closed, that the City Council should vote no to allowing major alterations to the building, and that she asks for the best action by the City Council for all of Woburn and not just one property. Arthur Duffy, 38 Alfred Street stated that it is time for this ordinance to be adopted, and that this will be a good project for the city. Kathy Bailey, 4 Utica Street stated that this proposal is spot zoning, that when the church was operating the neighbors knew when Mass and other events were being held and the likely impact on traffic and the neighborhood, and that with this proposal the neighbors have no idea of activity at the building. Diane Fogarty, 117 Washington Street stated that she is entirely opposed to the project, that there will be a large development at Salem Street, at the Kraft property and at the former church property, and that all of these projects are being developed to the detriment of the residential neighbors in the area. Dominic Zazzaro, 92 Washington Street stated that he is concerned about the density at five units, that he believes this proposal meets the definition of spot zoning, and that he opposed the petition. Theron Rose, 5 Hobson Avenue stated that it makes sense that with six small units there will be more control as to the number of residents in the building as opposed to four large units. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Alderman DiTucci offered the following language as part of the permanent record:
The proposed Amendment provides for a substantial public benefit to the City of Woburn in that it:
- Allows for the re-use of historic church buildings in a manner that will promote economic development and provide housing in the City of Woburn for persons 55 years of age and older; and
- Encourages the preservation of historic structures by allowing the conversion of Houses of Worship for residential purposes.
Motion made and 2nd that the language be accepted as part of the permanent record, 8 in favor, 1 opposed (Mercer-Bruen opposed). Motion made and 2nd that the Ordinance be revised by changing Section 27.5.1 to read: Maximum Permitted Density: Minimum lot area of 5,000 square feet first dwelling unit and 2,500 square feet each additional unit, ROLL CALL: Anderson – No, Concannon – Yes, DiTucci – No, Drapeau – No, Gaffney – No, Gately – No, Mercer-Bruen – Yes, Raymond – No, Haggerty – No, Motion Fails. Motion made and 2nd that the ORDER be ADOPTED, AS AMENDED, 7 in favor, 2 opposed (Concannon, Mercer-Bruen opposed). The adopted amendment read as follows:
- That Section 2 (Definitions) of the 1985 Woburn Zoning Ordinance as amended be further amended by adding the following definition to Section 2:
HOUSE OF WORSHIP: A building which was built and used for the primary purpose of assembly for religious worship. For purposes of this ordinance the term “house of worship” shall not include any other building, structure, or use now or formerly associated with religious practice such as, but not limited to, convents, rectories, schools and cemeteries.
- That a new Section 27 entitled “ CONVERSION OF HOUSES OF WORSHIP” be added to the 1985 City of Woburn Zoning Ordinance as amended, as follows:
Section 27 Conversion of Houses of Worship
27.1 Purpose of District
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- To allow for the reuse of historic houses of worship deemed Significant Buildings or Structures, as defined by the Woburn Municipal Code, in a manner that will promote economic development and provide housing in the community;
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- To encourage the preservation of houses of worship deemed to be Significant Buildings or Structures through adaptive reuse for residential purposes;
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- To provide housing for residents 55 years of age or older; and
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- To provide an alternative to traditional land subdivision in order to minimize the visual impact(s) of redevelopment and reuse on abutting properties.
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27.2 Scope of Authority
A special permit may be issued for the conversion of a House of Worship on lots in the R-2 Zoning District which (1) contain a House of Worship that has been deemed to be a Significant Building or Structure by the Woburn Historical Commission using the criteria listed in Title 15, Article
V, Section 15-16 of the Woburn Municipal Code, and which Significant Building or Structure was used as a house of worship within five (5) years of the date of application for a special permit under this Section, and (2) the lot has not been subdivided or reduced in size or otherwise developed for any other purpose subsequent to 1/1/2015.
27.3 Uses By Right
1. Those uses permitted by right in the underlying zoning district.
27.4 Uses by Special Permit
A Special Permit shall be required from the Woburn City Council for the following use:
1. Multi-family dwellings located entirely within the House of Worship that has been deemed to be a Significant Building or Structure by the Woburn Historical Commission as provided herein.
27.5 Dimensional and Density Regulations
Dimensional and density regulations for the “Conversion of Houses of Worship” District shall be as follows provided, however, that the City Council may grant a Special Permit to authorize relief from the existing dimensional regulations so long as such relief does not allow for additional residential units or an increase in the height of the existing structure or the footprint except to address ADA compliance.
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- Maximum Permitted Density: 1.5 dwelling units for every 1,000 square feet of the House of Worship’s first floor gross floor area.
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- Dimensional Regulations: For purposes of this Section 27, the existing House of Worship structure may be converted to a multifamily dwelling using its existing setbacks and ground coverage.
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- Maximum Building Height
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a. No greater than the existing Structure not including appurtenant roof structures such as chimneys, service equipment, spires, flag poles and the like.
27.6 Off-Street Parking Requirements
1. At a minimum, at least 2 off street parking spaces per unit shall be provided in accordance with Section 8 of the Woburn Zoning Ordinance entitled Off Street Parking and Loading Facilities Regulations.
27.7 Required Additional Findings for Conversion of Houses of Worship
In granting a Special Permit under Section 27, the City Council must make the following additional findings and conditions:
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- That the building or structure proposed for conversion to residential use has been deemed by the Woburn Historical Commission to be a “Significant Building or Structure”. In making this finding, the
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Woburn Historical Commission shall use the criteria outlined in Title
15, Article V, Section 15-16 of the Woburn Municipal Code;
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- That the building or structure proposed for conversion to residential shall be restored to its’ original historic character and preserved from an historic or architectural perspective in perpetuity;
- That conversion of the building or structure to residential use facilitates preservation or improvement of the existing character of abutting properties and the district generally;
- That the exterior design of the building shall not be substantially altered so as to change the character and architecture of the original design;
- The existing building footprint shall not be increased except to the extent that alterations are necessary to comply with the Americans With Disabilities Act;
- There shall be adequate provision for container(s) for collection and disposal of refuse;
- Residents fifty-five (55) years of Age and Older:
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- At least fifty (50%) percent of the units shall be age restricted and occupied by at least one person who is fifty-five years of age or older.
- Prior to the issuance of a Special Permit under this Section 27, a deed, restrictive covenant or other recorded instrument showing the applicant to be the owner of the land to be designated as a Multiple Family Dwelling with fifty (50%) percent of the units restricted for persons 55 years of age or older shall be reviewed by the City Solicitor and approved by the City Council. It shall be a condition of any Special Permit granted hereunder that said Deed or other recorded instrument shall be recorded at the Middlesex County South District Registry of Deeds prior to the issuance of the Landowner’s Notice of Special Permit Decision by the City Clerk’s office.
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8. The lot shall not be subdivided or reduced in size or otherwise developed for any other purpose subsequent to 1/1/2015.
Presented to the Mayor: January 22, 2015 s/Scott D. Galvin January 22, 2015
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On the petition by Constitution Park Eight LLC, Robert W. Murray, Manager, 27
Cambridge Street, Burlington, Massachusetts 01803 for a special permit pursuant to 1985
Woburn Zoning Ordinances, as amended, Section 5.1.30b to allow construction of a new 97,200 sq. ft. general office building with an additional 55,420 sq. ft. of under building parking space with associated improvements and landscaping at Constitution Way and Dragon Court. PUBLIC HEARING OPENED. A communication dated January 15, 2015 was received from Tina P. Cassidy, Planning Director as follows:
Re: Planning Department Comments on Special Permit Application for New Office Building on Lot #6 of 0 Constitution Way/Robert W. Murray, Trustee
Dear Honorable Council:
The Planning Department has reviewed the above-referenced petition which seeks a special permit in accordance with Section 5.1.30(b) of the Zoning Ordinance to allow for the construction of a new 97,200 sq. ft. (net floor area) office building with an additional 55,420 sq. ft. of under-building parking on this roughly 5.2 acre site. Section 5.1.30(b) requires a City Council special permit for construction of business, professional and general office space over 15,000 sq. ft. in an I-P District.
Site Plan Review from the City Council will also be required in accordance with Section 12.2.4. of the Zoning Ordinance because more than 15,000 sq. ft. of floor area and more than 100 parking spaces will be built as part of the project.
The Planning Department recommends the City Council consider the following issues/comments as it considers this request:
- Appropriate and adequate on-site snow storage areas should be noted on the plan and the approved plan routed to the Zoning Enforcement Officer;
- No information has been provided with respect to exterior lighting, either on the building or on-site in the parking areas;
- The “Details” sheet shows hay bales which are proposed for use during construction. The Planning Department recommends the detail be changed by replacing all references to hay bales with references to siltation socks of a type acceptable to the Conservation Commission. Doing so will ensure conformance with current policies of the Woburn Conservation Commission and the State, both of which discourage the use of hay bales; and
- Appropriate screening should be provided around the proposed Dumpster area.
Please feel free to contact me directly if you have any questions about this recommendation. I would be happy to provide further comment on revised plans if helpful.
Respectfully, s/Tina P. Cassidy, Director
Motion made and 2nd that the communication be received and made part of the record, all in favor, 9-0. Appearing for the petitioner was Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petitioner proposes to construct a new office building and under building parking, that the parcel is approximately 5.18 acres in area, that office space over 15,000 square feet is allowed with a special permit, that Constitution Park has five first class offices buildings developed between 1990 and 2003, that the petitioner has fifty years experience in residential and commercial real estate development, that the proposal is for a two-story building, that there will be underground parking and surface parking, that the proposal meets all parking requirements, that the proposal meets all setback requirements, that the project will result in $250,000.00 real estate tax for the building as well as additional personal property tax from the tenants of the building, that all access to the building is from Commerce Way to Constitution Way, that the ground elevation at the top of the building is 140 feet, that Dragon Court has an elevation of 115 feet, that the building is set back from Dragon Court a distance of 95 feet with 25 feet of the building rising above Dragon Court, that there will be no access by way of Dragon Court, that the lot is somewhat of a bowl and the building will be in the lower portion, and that the rear yard setback must be 95 feet and the petition meets this requirement. Michael Murray for the petitioner stated that he is not aware of drainage issues on the property, that Dragon Court is on the back side of the building, that test borings of the parcel have been made and no ledge has been found, and that the test borings found mostly gravel. Alderman Gately stated that he wants to know how high the retaining wall will be, that he wants to learn about the utility easement that is to be abandoned, that he has some questions concerning drainage from the parcel, and that the matter should be forwarded to committee for review. PUBLIC COMMENTS: Chris Owen, 3 Florence Terrace stated that his parcel abuts the property, that the plan is incomplete, misleading and inaccurate, that the plan dates to last spring and reflects the old zoning code and not the new zoning code, that it is not clear how high the buildings will be, that this project is represented as an office park in the I-P zoning district but this is false as the property abuts Dragon Court and residential uses, that the setbacks required are not set forth on the plan, that the plan starts on the residential zoning line and is not setback from the residential line, that the dumpster and parking ramps will be visible from the Dragon Court residences, that there is no plan to mitigate this visual impact, that it is not clear where a parking garage is allowed under the zoning code, that the drainage easement dumps into the wetlands, that there is no mitigation of this drainage, that there is a 150 foot setback for wetlands but zero setback for residences, that there is clearly a drainage problem on the parcel, that no traffic study has been completed, that this project will add 395 vehicles to the parking lot, that there will be four times the estimated vehicle trips with vehicles coming and going from the site at break and lunch hours as well as the beginning and ending of the workday, that parking lots are not allowed in setbacks, that the project has to be 95 feet to 145 feet away from Dragon Court to meet the zoning setback requirements, that the ground coverage area is not determined, that the development of the office park has been ongoing for thirty years, that the building has to be shifted into the industrial zone and away from the residential zone, that he should have received notice of the public hearing because he is an abutter to an abutter within 300 feet of the parcel, that he did not receive notice, and that he was advised by a neighbor of this meeting. Mary Owen, 3 Florence Terrace stated that she is concerned that the project is on the residential line, that the project is right at her door step, and that the loading docks do not face the industrial area but face her home. Tim Swain, 29 Dragon Court stated that he is concerned about the buffer zone, that duplexes are to be built on Dragon Court and he is not certain why the petitioner would want dumpsters and loading docks facing these houses, that there was an agreement about ten years ago that there would be no additional buildings on that street but now another building is being proposed for construction, that he has had to spend $100,000.00 to $200,000.00 to keep his basement dry over the years, and that drainage is an issue in that neighborhood. President Haggerty stated that Mr. Owens name and address is on the abutters list as certified by the Board of Assessors and that notice was sent. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON FEBRUARY 17, 2015 AND
THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL
PERMITS, all in favor 9-0.
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On the petition by Alderman Gately concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 119 Eastern Avenue, Woburn, Massachusetts, for the purposes of determining whether said structure or structures are a public nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or other structure, as said terms are used in Massachusetts General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation. PUBLIC HEARING OPENED. Alderman Gately stated that there was an error in the description of the property, that the correct address is 118 Garfield Avenue, and that he wants to amend the address to 118 Garfield Avenue, and that there is no issue at 119 Garfield Avenue. President Haggerty stated that the correct process would be to dispose of this matter and proceed with a hearing for the correct address. PUBLIC COMMENTS: 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 petition to determine if the property located at 119 Garfield Avenue is a nuisance as that term is used in M.G.L. Ch. 139, Sec. 1 be DISMISSED, all in favor 9-0. _________________________
CITIZEN’S PARTICIPATION: None.
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COMMITTEE REPORTS:
FINANCE:
On the Order to transfer the sum of $2,306,196.88 from Debt Reserve Acct to Debt
Principal Acct and Debt Interest Acct, committee report was received “ought to pass”.
Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: January 22, 2014 s/Scott D. Galvin January 22, 2015 *************************
On the Order to Order to transfer the sum of $135,000.00 from BLS Ambulance Receipts Acct to Fire Ambulance Salary Acct and Fire/Medical Attention Acct, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: January 22, 2014 s/Scott D. Galvin January 22, 2015
************************* ORDINANCES:
On the Order to amend 1989 Woburn Municipal Code, as amended, Title 2, Article XII Fire Department, committee report was received “ought to pass, as amended with the amendments as follows: 1. That Section 2-80 Fire Stations – Number and Location not be deleted, and 2. That the subsequent sections be renumbered accordingly.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 1 opposed (Gately opposed).
Presented to the Mayor: January 22, 2014 s/Scott D. Galvin January 22, 2015
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On the Order to amend 1989 Woburn Municipal Code, as amended, Title 13 relative to water and sewer charges, committee report was received “ought to pass, as amended with the amendment as follows: 1. Effective July 1, 2015.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: January 22, 2014 s/Scott D. Galvin January 22, 2015
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On the Order to amend City Council Rule 34 relative to appointments, committee report was received “ought to pass, as amended with the amendment as follows: 1. Paragraph B.2 be amended to read ‘The Committee on Ordinances shall forthwith review the compensation and job description as set forth in the Woburn Municipal Code for the position and recommend any modifications it finds necessary unless otherwise not subject to change due to a contractual obligation.’” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
************************* PERSONNEL:
On the reappointment of Geraldine Benecke, Mary Foley and Vincent Simeone as Members of the Woburn Council on Aging, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor,
9-0.
Presented to the Mayor: January 22, 2014 s/Scott D. Galvin January 22, 2015
************************* PUBLIC SAFETY AND LICENSES:
On the petition by ecoATM, Inc. for a License to Purchase and Sell Second-Hand and Personal Articles of Value and Collectibles at 2 Elm Street, committee report was received “back for action.” A communication dated December 8, 2015 was received from Laura Moss, Regulatory Affairs Counsel, ecoATM, Inc., 10121 Barnes Canyon Road, San Diego, California 92121 as follows:
Re; Withdrawal of Secondhand Article License Application – City of Woburn
Please be advised ecoATM would like to formally withdraw its Secondhand Article License application for the proposed site located at 2 Elm Street. A business decision has been made to not pursue this site at this time.
Thank you for your assistance throughout this process.
All best, s/Laura Moss, Regulatory Affairs Counsel
Motion made and 2nd that the COMMUNICATION BE RECEIVED AND MADE PART
OF THE RECORD AND THAT THE MATTER be GIVEN LEAVE TO WITHDRAW
WITHOUT PREJUDICE, all in favor, 9-0.
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On the petition by ecoATM, Inc. for renewal of License to Purchase and Sell SecondHand and Personal Articles of Value and Collectibles at 296 Mishawum Road, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: January 22, 2014 s/Scott D. Galvin January 22, 2015
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On the petitions for renewal of Second Class Motor Vehicle Sales Licenses by Robert
McSheffrey dba Bob McSheffrey Auto Sales; Cambridge Road Auto Service, Inc. dba Woburn Plaza Shell; and Boston Wholesale Motorcars, Inc., committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: January 22, 2014 s/Scott D. Galvin January 22, 2015
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NEW PETITIONS:
Petition by Kelley Towncar Inc. for a new Livery License for two (2) additional vehicles at 888 Main Street #2. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSE, all in favor, 9-0.
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COMMUNICATIONS AND REPORTS:
A communication dated January 2, 2015 was received from Joanne Collins, Director, Woburn Council on Aging along with a copy of the Director’s Report and the minutes of the Council on Aging for the month of December 2014. 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 14, 2015 was received from City Clerk William C. Campbell as follows:
Re: Executive Session Minutes
Under the Open Meeting Law, the City Council is required to periodically review executive session minutes to determine if the reason for the executive session has passed and the minutes of the session can be released. Once the purpose for going into executive session has passed, the minutes must be released by vote of the City Council.
This office has records and minutes for a portion of the August 12, 2014 City Council
Regular Meeting held in executive session for the purpose of receiving a communication from the City Solicitor relative to pending litigation The Woburn Armory LLC v. Paul J. Denaro, et. al.
This office has minutes for the August 13, 2014 City Council Special Meeting held in executive session for the purpose of discussing the Hurld-Wyman School project.
I look forward to your direction as to whether the minutes may be released or should continue to be held.
Thank you for your attention to this matter.
s/William C. Campbell, City Clerk
Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE AND THAT THE MINUTES BE RELEASED, 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 December 31, 2014 was received from His Honor the Mayor Scott D. Galvin as follows:
Dear City Clerk Campbell:
By the power vested in me as Mayor of the City of Woburn, I hereby appoint Michael McDonough, 139 Pleasant Street, to the Woburn Golf and Ski Authority, subject to confirmation by the City Council, with a term to expire Dec. 31, 2020.
Mr. McDonough’s appointment fills a vacancy on the Authority
Respectfully, s/Scott D. Galvin, 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 15, 2015 was received from His Honor the Mayor Scott D. Galvin as follows:
Dear City Clerk Campbell:
By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Santo Bernardo, 43 Duren Avenue, Woburn, to serve on the Golf and Ski Authority, with a term expiration date of December 31, 2020; subject to confirmation by the City Council.
Respectfully, s/Scott D. Galvin, 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 15, 2015 was received from His Honor the Mayor Scott D. Galvin as follows:
Dear City Clerk Campbell:
By the power vested in me as Mayor of the City of Woburn, I hereby appoint Michael P. Higgins, 7 Middlesex Canal Park, to the Woburn Golf and Ski Authority, subject to confirmation by the City Council, with a term to expire Dec. 31, 2015.
Mr. Higgins’ appointment fills a vacancy on the Authority.
Respectfully, s/Scott D. Galvin, 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 15, 2015 was received from His Honor the Mayor Scott D. Galvin as follows:
Dear City Clerk Campbell:
By the power vested in me as Mayor of the City of Woburn, I hereby reappoint Catherine B. Shaughnessy, 31 Scott Street, to the Woburn Board of Cemetery Commissioners, subject to approval by the City Council, with a term to expire March 30, 2017.
Respectfully, s/Scott D. Galvin, 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 9, 2015 was received from His Honor the Mayor Scott D. Galvin as follows:
Dear City Clerk Campbell:
By the power vested in me as Mayor of the City of Woburn, I hereby reappoint John D. Ray, 22 Water Street, to the Woburn Board of Appeals, subject to approval by the City Council, with a term to expire May 31, 2017.
Respectfully, s/Scott D. Galvin, 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: None.
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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:19 p.m.
A TRUE RECORD ATTEST:
William C. Campbell
City Clerk and Clerk of the City Council