Meeting Agenda

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

CITY OF WOBURN

JULY 10, 2012 – 6:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

                                                Anderson                    Gately

                                                DiTucci – Absent        Haggerty

                                                            Drapeau                      Mercer-Bruen

                                                Gaffney                       Raymond

       Denaro  _________________________

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

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MAYOR’S COMMUNICATIONS: 

ORDERED     That the sum of $150,000.00 be and is hereby transferred as so stated from BLS  Receipts Acct #31359-59500 $150,000.00 to Ambulance Maintenance Acct #0122054-544300 $50,000.00, Ambulance Salaries Acct #0122051-513100 $100,000.00.

I hereby recommend the above: s/Paul Tortolano, Chief, Fire Department

I have reviewed the above: s/Gerald W. Surette, City Auditor                        I hereby approve the above: s/Scott D. Galvin, Mayor

s/President Denaro

Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON

FINANCE, 8 in favor, 0 opposed, 1 absent (DiTucci absent)

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PUBLIC HEARINGS:  

On the petition by Alderman Gaffney concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 602 Main Street, Woburn, Massachusetts, for the purposes of determining whether said structure or structures are a public nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or other structure, as said terms are used in

Massachusetts General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation. PUBLIC HEARING OPENED. Alderman Gaffney stated that the property owner has completed all the work on the property as requested by the city. IN FAVOR:

None. OPPOSED: None. Motion made and 2^nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (DiTucci absent). Motion made and 2^nd that the MATTER be DISPENSED WITHOUT FURTHER ACTION, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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On remand pursuant to an Order of the Land Court in the Matter of A.L. Prime Energy

Consultant, Inc. d/b/a A.L. Prime Energy v. Charles E. Doherty, Member of Woburn Council City of Woburn, et. al. found at Docket No. 08-MISC-370678(KFS), concerning the petition by A.L. Prime Energy, 319B Salem Street, Wakefield, Massachusetts 01880 for a special permit pursuant to Sections 5.1.46a, 51..46b and 5.1.22a of the 1985 Woburn Zoning Ordinances, as amended, to allow for a self service gasoline station and convenience store with hours in excess of 7:00 a.m. to 10:00 p.m. at 1 Hill Street. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permits as follows: “ought to pass, with the conditions as follows:

1. Petitioner must provide an easement along the property line of the Project Site starting just west of the western driveway and going up to the east-northeast corner of the Project Site, reset all of the curbing, and push it further back.
2. Petitioner must install an impressed asphalt crosswalk from the Project Site to a new handicap ramp in the sidewalk on the opposite side of Hill Street to provide pedestrian access from the commuter lot to the Project Site.
3. Petitioner must install an impressed asphalt as a median divider to separate the traffic heading north on Hill Street from traffic heading south on Hill Street into the Project Site and other businesses on Hill Street.
4. Petitioner must construct a new sidewalk along Hill Street from Montvale Avenue to the Project Site.
5. Petitioner must construct a sight triangle to improve the safety of people exiting the Project Site from the driveways of the gas station area.
6. Petitioner must secure approval for and complete roadway improvements for the Hill Street approach to the Project Site, including an exclusive right-turn lane and center islands to define the two lanes approaching Montvale Avenue at the Hill Street intersection.
7. That protective bollards be placed along the front of the store portion of the property.
8. That a snow removal plan be filed with the Department of Public Works.
9. That the dumpster located at the Project Site shall be screened.
10. That this Special Permit is limited to the petitioner and is not transferable.
11. That all ADA guidelines shall be met.”

Appearing for the petitioner was Attorney Kathleen E. Connolly, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and she stated that the petitioner requests that the committee report be adopted. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent

(DiTucci absent). Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That the eleven conditions recommended by the Committee on Special Permits be adopted as conditions of the special permit, and

2. That condition 12 be added as follows: 12. The site improvement plan of record shall be the site improvement plan prepared for A.L. Prime Energy by Ayoub Engineering Sheet C-1 dated 9/20/07, rev. 11/16/07, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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On the petition by Jaton Management Co., LLC, 853 Turnpike Street, #241, North Andover, Massachusetts 01845 for a special permit pursuant to Sections 5.1.29 and 7.3 of  

the 1985 Woburn Zoning Ordinances, as amended, to allow for a fast food restaurant and building signage at 305 Mishawum Road. PUBLIC HEARING OPENED. A communication dated June 28, 2012 was received from Planning Director Edmund P. Tarallo, Woburn Planning Board as follows:

Re: Jaton Management Co., LLC – 305 Mishawum Rd. – To allow for a fast food restaurant and building signage pursuant to Sections 5.1.29 and 7.3

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on June 26, 2012, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Jaton Management Co., LLC, regarding the property at 305 Mishawum Road to allow for a fast food restaurant and building signage pursuant to Sections 5.1.29 and 7.3 in accordance with the Site Plan revised 6/22/12 subject to the following conditions:

1. Subject to the approval by the City of Woburn Traffic Commission, City Engineer and Superintendent of Public Works, the petitioner shall install a “Do Not Block Driveway” sign and associated striping on Mishawum Road at the entrance to 299 Mishawum Road similar to the signage and striping shown on the photo submitted; and
2. That the southern driveway to the site shall be “enter only” and the northern driveway to the site shall be “exit only.”

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

Sincerely, sEdmund P. Tarallo, Planning Director

A copy of a communication dated June 26, 2012 from Brett F. Gonsalves, Senior Engineer, Engineering Department to Edmund Tarallo, Planning Director as follows:

Subject: 305 Mishawum Road – Dunkin Donuts Special Permit – Revised Site Plans Dated June 22, 2012

This office is in receipt of supplemental information delivered this date with limited time for a review. Do the new parking spaces meet the setback requirements for property lines?

It would appear that the location of the handicap parking spaces as shown on the revised plan may inhibit safe traffic flow at the entrance off the access road. The applicants engineer should look to see if an alternative location for the handicap space may provide for safer access.

This office has not received any additional information regarding the traffic queuing as mention in my previous memo dated June 11, 2012.

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

A communication dated July 10, 2012 was received from City Engineer John E. Corey, Jr., PE as follows:

Subject:     305 Mishawum Road – Dunkin Donuts Special Permit

Revised Site Plans Dated June 22, 2012

Previous Memo Dated June 26, 2012

Revised Traffic Report Dated June 25, 2012

The applicant is seeking permission to allow for a Dunkin Donuts at the above referenced location.

The site plan shows the existing building, utilities, proposed relocated parking as well as the location of the proposed Dunkin Donuts within the existing building.

The applicant has submitted a revised traffic report which outlines the traffic queuing on the access road that serves as a driveway to the establishment and Mishawum Road. The traffic engineer has stated in their report that traffic signal timing changes are needed to improve traffic flow and mitigate potential queuing problems. The proposed traffic signal timing changes that are recommended should be reviewed by the traffic commission prior to implementation.

All other concerns from our previous memo have been addressed.

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

A communication dated June 27, 2012 with attachment was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

Re:  Special Permit Petition of Jaton Management LLC, 305 Mishawum Road, Woburn,

MA

Dear Bill:

In connection with the above-referenced Special Permit Petition, enclosed please find ten (10) copies of a signage plan. Please contact me if you have any questions. Thank you.

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

A communication dated July 3, 2012 with attachment was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

Re:  Special Permit Petition of Jaton Management LLC, 305 Mishawum Road, Woburn,

MA

Dear Bill:

Enclosed please find for filing ten (10) copies of additional traffic data that was requested by Ed Tarallo, Planning Board Director and presented to the Planning Board at its meeting on June 26, 2012. If you need any additional information please do not hesitate to contact me. Thank you.

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

A report was received from the Committee on Special Permit as follow: “back for action and that the Plan of Record be the plan entitled ‘Special Permit – Site Plan – 305

Mishawum Road, Woburn, MA’ dated 6/22/2012 and prepared by Goldmith, Prest & Ringwall, Inc.’ Appearing for the petitioner was Attorney Joseph R. Tarby, III and he stated that the petition is to allow the operation of a Dunkin Donuts restaurant at the locus and to alter building signage, that the Planning Board sent a favorable recommendation, that petitioner cannot accept the second condition relative to the driveway as there are other tenants at the locus and this would impact those tenants’ rights, that the petitioner does not object to a restriction on the transferability of the special permit, and that the petitioner’s hours of operation are 5:00 a.m. to 12:00 midnight seven days a week. Attorney Tarby offered a memorandum dated July 10, 2012 and a photograph of an intersection with a “do not block intersection” sign to the City Council for review. Motion made and 2^nd that the documents be received and made part of the record, 8 in favor, 0 opposed, 1 absent (DiTucci absent). Giles Ham, Vanasse & Associates, Inc., 101 New England Business Center, Suite 314, Andover, Massachusetts 01810-1066 stated that the petition does not request a drive-thru component, that there will be less traffic at this locus without the drive-thru component, and that the petitioner wants to keep the driveway as a two-way flow at the northern driveway. Alderman Mercer-Bruen stated that she understands the concerns of the other tenants at the locus with respect to restricting the driveway access, and that she will ask that the special permit not be transferable. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the public

hearing be closed, 8 in favor, 0 opposed, 1 absent (DiTucci absent). Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That Planning Board recommendation number 1 be adopted as a condition of the special permit, 2. That the hours of operation be limited to between opening at 5:00

a.m. and closing at 12:00 midnight seven days per week, 3. That the special permit is granted to Jaton Management Co., LLC only and is not transferable, and 4. That upon review of the timing of the traffic control signals at the locus any changes to the light timing deemed necessary by the Traffic Commission will be implemented, 8 in favor, 0 opposed, 1 absent (DiTucci absent). SEE RECONSIDERATION BELOW.

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On the petition by Paul Carniero, 49 Olive Street, Methuen, Massachusetts 01844 for a special permit pursuant to Section 5.1.44 of the 1985 Woburn Zoning Ordinances, as amended, to allow for auto body repair at 3 Green Street. PUBLIC HEARING OPENED.

A communication dated June 28, 2012 was received from Planning Director Edmund P. Tarallo, Woburn Planning Board as follows:

Re: Paul Carneiro – 3 Green St. – To allow an automobile and truck repair garage pursuant to Section 5.1.44

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on June 26, 2012, the Planning Board continued this matter until the August 7, 2012 meeting to allow time for the departments to review the additional material submitted.

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

Sincerely, s/Edmund P. Tarallo, Planning Director

A communication was received from the petitioner Paul Carniero as follows:

To: The Council

Could you please postpone the hearing to August 14, 2012 due to more information needed.

Thank you, s/Paul Carniero

IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

AUGUST 14, 2012, all in favor 9-0.

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On the petition by Pier 1 Imports, Inc., 101 Pier 1 Place, Fort Worth, Texas for a special permit pursuant to Section 7.3, 8.7.2.10 and 13.5 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the alteration of the existing nonconforming structure and use; use of a previously used loading dock as a loading ramp; and alterations to the petitioner’s nonconforming signage; said alterations include but are not limited to exterior design elements, entry doors, loading ramp and new signage, all at 425

Washington Street. PUBLIC HEARING OPENED. A communication dated June 28, 2012 was received from Planning Director Edmund P. Tarallo, Woburn Planning Board as follows:

Re: Pier 1 Imports, Inc. – 425 Washington St. – To allow for the alteration of the existing nonconforming structure and use; use of previously used loading dock as a  loading ramp; and alterations to the nonconforming signage. Said alterations also include but are not limited to exterior design elements, entry doors, loading ramp, and new signage pursuant to Sections 7.3, 8.7.2.10, and 13.5

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on June 26, 2012, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Pier 1 Imports, Inc., regarding the property at 425 Washington Street to allow for the alteration of the existing nonconforming structure and use; use of previously used loading dock as a loading ramp; and alterations to the nonconforming signage pursuant to Sections 7.3, 8.7.2.10, and 13.5 subject to the following conditions:

1. That the parking plan shall be in accordance with Sheet 1 of 1 dated 6/12/12 except as modified in the area abutting the side of the Pier I  Imports store as shown on the sheet SAD-1 dated 4/3/12 site plan including modification of parking, loading, and dumpster enclosures in that area;
2. That all conditions of the original Special Permit granted September 18, 2001 shall remain in full force and effect unless modified by this Special Permit; and
3. That a landscaping plan shall be provided to and approved by the Planning Board.

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 Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the property is located in the B-N zoning district, that a shopping center is not allowed by-right and therefore the property is non-conforming, that the petitioner is a retailer that specializes in imported home furnishings and décor, that the renovations are a prototype plan being implemented by the petitioner, that there will be a new store front and signs to make the entrance more prominent, that the proposal is for all exterior modifications, and that the petitioner has been at this location since 1989. Alderman Mercer-Bruen stated that the petitioner has been a good neighbor, that she walked the site to make a visual inspection of the property, that there will be no impacts on the neighbors, that the permits should not be transferable, and that the dumpster should be screened. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (DiTucci absent). Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That the three recommendations of the Planning Board be adopted as conditions of the special permit, 2. That the dumpsters shall be enclosed, 3. That the special permit is granted to Pier 1 Imports, Inc. and is not transferable, and 4. That an as-built plan of the improvements shall be delivered to the Department of Public Works upon completion, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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Alderman Anderson made a motion to reconsider his vote in support of granting a special permit to Jaton Management Co., LLC and the motion duly 2^nd, 8 in favor, 0 opposed, 1

absent (DiTucci absent). Alderman Anderson stated that the proposed findings in Section IV of the petiitioner’s July 10, 2012 Memorandum should be adopted as part of the special permit. Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That Planning Board recommendation number 1 be adopted as a condition of the special permit, 2. That the hours of operation be limited to between opening at 5:00 a.m. and closing at 12:00 midnight seven days per week, 3. That the special permit is granted to Jaton Management Co., LLC only and is not transferable, and 4. That upon review of the timing of the traffic control signals at the locus any changes to the light timing deemed necessary by the Traffic Commission will be implemented, and 5. That the Proposed Findings in Section IV of the petitioner’s July 10, 2012 Memorandum be adopted and made part of the special permit, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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On the petition by Lannan Family LLC, 831 Rogers Street, Lowell, Massachusetts 01852 for a special permit pursuant to Sections 7.2 and 15 of the 1985 Woburn Zoning Ordinances, as amended, to alter the existing non-conforming vehicle service showroom and administrative building by demolishing a portion of the building and constructing a building addition and to allow for property within the Groundwater Protection Overlay District to have more than 15% of the site as impervious cover, at 40 Winn Street. PUBLIC HEARING OPENED. A communication dated June 28, 2012 was received from Planning Director Edmund P. Tarallo, Woburn Planning Board as follows:

Re: Lannan Family LLC – 40 Winn Street – To allow for the alteration of the existing nonconforming structure by demolishing 5,200 S.F. of the existing building and constructing a 5,000 S.F. addition in a Groundwater Protection District pursuant to Sections 7.3 and 15

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on June 26, 2012, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Lannan Family LLC, regarding the property at 40 Winn Street to allow for the alteration of the existing nonconforming structure by demolishing 5,200 S.F. of the existing building and constructing a 5,000 S.F. addition in a Groundwater Protection District pursuant to Sections 7.3 and 15 subject to the following conditions:

1. That hoods shall be installed on all the existing catch basins which currently do not have any subject to the approval of the City Engineer;
2. That a narrative including the pre and post development runoff conditions shall be included in the drainage report and said narrative shall be submitted to the City Engineer prior to issuance of a building permit; and
3. That a landscaping plan shall be provided to and approved by the Planning Board.   

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

Sincerely, s/Edmund P. Tarallo, Planning Director

A copy of a communication dated June 26, 2012 from Brett F. Gonsalves, Senior Engineering, Engineering Department to Edmund Tarallo, Planning Director was received as follows:

Subject: 40 Winn Street – Lannan Chevrolet Special Permit – Plans Dated 5/1/2012 – Special Permit Application Dated June 2012

The applicant submitted a special permit application for the extension or alterative of an existing non conforming use by demolishing approximately 5,200 sf of the existing building and to construct approximately a 5,000 sf addition to the existing building.

Upon review of the site plans and special permit application, this office offers the following comments.

Water

Sheet C-3 shows a proposed 4” CLDI fire protection line along with an 1½” domestic water line which will service the existing building. There is a notation on the plan stating to cut and cap the existing water service at the main.

This office takes no exception to the water services as shown.

Sewer

Sheet C-3 shows a proposed 6” PVC sewer service which connects to the existing sewer service in Winn St.

This office takes no exception to the sewer service as shown.

Drainage

The applicant has submitted drainage report which outlines how the proposed improvements will be mitigated.

The plan shows that the proposed impervious cover will be mitigated through a series of proposed catch basins connecting to an underground infiltration system. The drainage report outlines that the proposed catch basins will have deep sumps, hoods and will meet stormwater management requirements for redevelopment.

However there is an opportunity to improve stormwater quality by installing hoods on all the existing catch basins which currently do not have any. This will improve stormwater quality prior to discharge into the 36” box culvert which outlets to Library Field.

The drainage report provides for the proposed 2, 10, 25 and 100 year post development sub-catchments. A narrative including the pre and post development runoff conditions should be included in the report.

The above mentioned items are minor and can be submitted prior to the issuance of a building permit.

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

A communication dated July 9, 2012 was received from Superintendent of Public Works John F. Duran as follows:

Subject:   Lannan Chevrolet- 40 Winn Street

I am providing this memorandum pursuant to the request for the Special Permit for the subject property. I have reviewed the plans prepared by Griffin Engineering and have met with their Project Engineer on July 6, 2012. I have requested that the plans dated June 2012 be clarified to show the replacement of the concrete sidewalks along Winn Street in the disturbed areas. In addition, handicap ramps should be added for ADA compliance and a crosswalk should be provided for access to the easterly side of Winn Street.

I concur with the  memo on utilities and drainage from Brett Gonsalves of the

Engineering Department to the Planning Director dated June 26, 2012.  An “As-Built Plan” shall be prepared and delivered to the Woburn DPW and Engineering Departments upon completion.

The revised plans dated July 6, 2012 adequately address my concerns. Any other matters could be addressed at the Building Permit level, if necessary. If you have additional questions or concerns please feel free to call me on this matter.

Appearing for the petitioner was Attorney Steven L. Cicatelli, Cicatelli & Cicatelli, 266 Main Street, Stoneham, Massachusetts 02180-3502 and he stated that the existing showroom will be demolished and a new showroom constructed that will comply with GM requirements, that the petitioner will be altering the nonconforming use or building, that there will be a continuity in the look of the building and an upgrade of the site, that the hours of operation will remain the same, that the building renovations will allow landscaping and installation of a groundwater infiltration system, that the proposed drainage system does not exist today and will meet the requirements of the Groundwater Protection Overlay District, that the amount of landscaping is increased, that there is an increase in handicapped parking, that this renovations will be an enhancement to the neighborhood, and that the building will be set back to allow additional landscaping. Alderman Gately stated that he supports the proposal as it enhances the neighborhood, and that the petitioner has been in business in the city for over 90 years. Attorney

Cicatelli offered a set of plans entitled “City Council Special Permit for Site

Improvements Lannan Chevrolet” dated June 2012, revised 7/9/12 prepared by Griffin Engineering to the City Council for review. Motion made and 2^nd that the plans be received and made part of the record, 8 in favor, 0 opposed, 1 absent (DiTucci absent). IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that the petitioner has been a great business in the city for nearly 100 years, and that he supports the proposal. OPPOSED: None. Motion made and 2^nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (DiTucci absent). Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That the recommendations of the Planning Board, City Engineer and Superintendent of Public Works be adopted as conditions of the special permit, and 2. That the plan of record shall be the plans entitled “City Council Special Permit for Site Improvements Lannan Chevrolet” dated June 2012, revised 7/9/12 prepared by Griffin Engineering, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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On the petition by Enterprise Rent-A-Car Company of Boston, LLC, 248 Mishawum Road, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.45 of the 1985 Woburn Zoning Ordinances, as amended, to modify a special permit issued February 4, 1992, which currently allow the sale of automobiles and trucks, to include commercial trucks with fixed trailers, at 248 Mishawum Road. PUBLIC HEARING OPENED. A communication dated June 28, 2012 was received from Planning Director Edmund P. Tarallo, Woburn Planning Board as follows:

Re: Enterprise Rent-A-Car Company of Boston, LLC – 248 Mishawum Rd. – To modify existing Special Permit dated February 4, 1992 to further allow for the sale and rental of commercial trucks with fixed trailers pursuant to Section 5.1.45

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on June 26, 2012, the Planning Board continued this matter until the August 7, 2012 meeting to allow additional time for the departments to review the new plans submitted.

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

Sincerely, s/Edmund P. Tarallo, Planning Director

A communication dated June 25, 2012 with attachment was received from Becky L. Marcinkevich, Regional Operations Manager, Enterprise Rent-A-Car Company of Boston, LLC, 248 Mishawum Road, Woburn, Massachusetts 01801 as follows:

Dear President Denaro and Aldermen:

Enterprise Rent-A-Car has submitted an application to the City Council requesting a special permit to include the use of commercial trucks with fixed trailers at the property we lease at 248 Mishawum Road. Based on feedback from the Planning Board and Fire Chief we revised our initial parking plan that was included with our application packet and would like to replace that with the attached plan, which will be reviewed at the next Planning Board meeting.

Should you have any questions, please feel free to contact me at (617) 593-9537.

Very truly yours, s/ Becky L. Marcinkevich, Regional Operations Manager

Appearing for the petitioner was Becky L. Marcinkevich, Regional Operations Manager and she stated that she understands that the Planning Board is still reviewing the matter, but the petitioner asks that the City Council consider approving the special permit subject to approval of the Planning Board. President Denaro stated that the City Council would

not do so. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the PUBLIC

HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON AUGUST 14, 2012, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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On the petition by Hannaford & Dumas Corporation, 26 Conn Street, Woburn, Massachusetts 01801 for a special permit pursuant to Sections 5.1.42, 7.3, 8.7.10 and 15 of the 1985 Woburn Zoning Ordinances, as amended, to modify a special permit issued January 31, 2012 to allow for the alteration of the existing nonconforming structures and use as follows: 1. The construction of two additions providing for a combined total of approximately 14,388 additional gross floor area to be used for office (7,000 s.f. g.f.a.), warehouse space (16,448 s.f. g.f.a.), and light manufacturing (20,046 s.f. g.f.a.), 2. Construction of the additions within the Groundwater Protection District, and 3. Allow for loading space to front on Conn Street, at 24-26 Conn Street. PUBLIC HEARING OPENED. A copy of a communication dated June 26, 2012 from Brett F. Gonsalves, Senior Engineer, Engineering Department to Edmund Tarallo, Planning Director as follows:

Subject: 24 & 26 Conn Street – Special Permit – Plans Dated May 2012 – Special Permit Application Dated June 1, 2012

The applicant has submitted a special permit application to allow for the construction of two additions and to allow for loading space to front on Conn Street.

Upon review of the submitted materials, this office offers the following comments.

Water & Sewer

The existing conditions plan shows water and sewer service that are located between #24 and #26 Conn Street. This is the same location where the proposed 1 story addition is to be located. The plan does not show how the existing services will be relocated or the location of any proposed utility connections. The plan will need to show the location of any proposed utility connections on the plan. Any existing services that will not be reused will need to be cut and capped at their respective mains.

Drainage

The site layout plan shows proposed site drainage being mitigated via openings in the curbing in two different locations. There are no accompanying drainage calculations that outline pre and post drainage computations.

Calculations will need to be that demonstration that post development runoff conditions do not exceed predevelopment conditions.

There is a note on the plan stating that the site is subject to an activity and use limitation which may restrict improvements to the site. Are the proposed building locations within the limits of the AUL?

Will the drainage openings impact the abutting properties by discharging site runoff onto th4e adjacent properties?

A drainage narrative will need to be submitted outlining the pre and post runoff conditions for the 2, 10 and 100 year storm events, as well as how the site will comply with stormwater management requirements.

This office will complete its review when the above mentioned information is submitted for review.

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

Appearing for the petitioner was Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petition would allow the construction of two additions, that the property is located in the I-G zoning district, that the Planning Board review has been continued to August 7, 2012, that the petitioner is a commercial printing company founded in 1976, that the petitioner has a wide range of printing capabilities, and that the petitioner needs additional storage space.

Doug Miller, Goldsmith, Prest & Ringwall, Inc., 39 Main Street, Suite 301, Ayer,

Massachusetts 01432 stated that the petitioner is in the I-G zoning district and the Groundwater Protection Overlay District, that the petition attempts to minimize the impervious surfaces, that there are two buildings side-by-side with a driveway in the middle, that the building is currently 29,000 square feet in area, that this is a corner lot that fronts on Conn Street on both sides, that the front addition will be a single story 4,650 square foot building and the back building will be a two story building with 4,868 square feet on each story, that parking requirements have been recalculated, that 73 parking spaces are required and there are 97 parking spaces on the locus, that 91 parking spaces will be needed for the additions and 97 parking spaces will be provided, that additional pervious surface has been provided by removal of 1% of currently impervious surface, that the current impervious surface will be replaced with a grass surface, that this was the former site of a tannery with heavy metals in the ground which resulted in the activity and use limitations (AUL), that the AUL prohibits subsurface infiltration as it forces contaminants closer to the well site or to Horn Pond, that the water runs off the pavement into the railroad bed, that the improvements will collect the runoff and allow it to settle slowly and that sediment will be removed, that currently water site and pools on the payment in places, that the improvements will put a break in the pavement to allow runoff to infiltrate and sediments to be removed, that the project has improved drainage, that the petitioner will comply with recommendations of the City Engineer and provide data with respect to existing water and sewer connections, that there will be fire suppression in the main building but not in the other buildings, that he is not aware of any requests by the Fire Department regarding fire suppression issues, and that there will be a new loading area at the rear of the new addition. Domenic Sicari Associates Ltd., 623 Main Street, Suite 27, Woburn, Massachusetts 01801 stated that he is the architect for the project, that the exterior of the buildings will be uniform, that there will be two additions, that there will be a front single story building and a rear two story building, that an exterior door will be added, that that the interior conference room has been moved to accommodate the new entrance, that the plan places the entrance at a more appropriate location on  Conn Street which is more visible, that all exterior materials will match what is in the newer portion of the buildings, and that fire suppression systems will likely be installed in the new additions but he has not received any requests as to the current buildings as of this time. Stephen Bryer, President of Hannaford & Dumas Corporation stated that the petitioner may expand the entrance to the parking lot, and that the plan is to add as many as 25 new employees over the next two years. Alderman Gately stated that trucks have a difficult time turning into the driveway at the locus which has resulted in signs being knocked down, and that the tree near the driveway should be trimmed to improve clearance for the trucks. IN FAVOR: Paul Meaney, Woburn Business Association, Ten Tower Office Park, Woburn stated that the petitioner is a good company, that the petitioner has been located in Woburn since 2005, that the petitioner researched a number of locations in other communities before deciding to locate in Woburn, that the building was vacant when the petitioner moved to Woburn, that this is a clean operation, that the petitioner is a printing company, that the petitioner pays real estate tax of $50,000.00, that the petitioner has two vehicles registered in Woburn, that the petitioner pay water and sewer charges of $10,000.00 to $12,000.00 annually, that the petitioner pays a personal property tax of $1,000.00, that the petitioner has 78 full-time employees and fifteen are Woburn residents, and that the petitioner wants to continue

operating in the city. OPPOSED: None. Motion made and 2^nd that the PUBLIC

HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON AUGUST 14, 2012 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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On the petition by 859 Main Development, LLC, 57 Russell Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Sections 11.3.12 and 22 of the 1985

Woburn Zoning Ordinances, as amended, to modify a special permit issued January 12, 2012 to allow change from previously approved 98 unit condominium development to allow construction of a 49 unit condominium building on Main Street with 40 townhomes for a total of 89 residential units, at 859 Main Street. PUBLIC HEARING. Appearing for the petitioner was Attorney Shaun Briere, Mawn and Mawn, P.C., 275 Mishawum Road, Woburn, Massachusetts 01801 and he stated that the proposed building at the front of the lot will have 51 units rather than the 49 units and the rear buildings will have 40 townhomes, that the total units will be reduced from 97 units to 91 units, that the parcel is 6.2 acres of undeveloped property, that there is 492 feet of frontage on Main Street, that the property is located in the Intergenerational Overly District, that the property is bordered by the Sierra Suites hotel, the new Alzheimer’s facility, St. Anthony’s Parish and Main Street, that the property is owned by the Roman Catholic Archdiocese of Boston, that the petitioners hold the property under a purchase and sale agreement, that an amended plan was filed last week with the City Clerk, that sheets 3 and 4 have been revised, that the front building was listed as having 49 units and it should have listed 51 units, that the petitioner will add an additional filtration system to the locus, that the size of the other filtrations systems have been increased, that the replacement sheets filed are of the original plans, that an additional modification may be presented after consulting with the City Engineer, that a walkway will be added, that there is a reduction in the total number of units at the locus, that there will be a reduction in traffic as well, that townhomes are more suitable as a transition with a larger building at the front of the parcel, that the changes makes the project more marketable, that a fifteen foot easement will be provided along Main Street, that the previous plan was for all two-bedroom units, that the 51-unit building will have some one-bedroom units with the remainder as twobedroom units and no three-bedroom units, that all units in the rear of the locus will be two-bedroom units, that there are significant changes from the plan originally approved to this current plan, the reference to an additional minor modification was as to the addition of a sidewalk to the new plan filed. Attorney Briere offered a copy of a letter dated June 8, 2012 from Charles C. Crevo, Ph.D., P.E., C3 Consulting Group, P.O. Box 812277, Wellesley, Massachhusetts 02482-0016 relative the vehicle trips for the City Council to review. Motion made and 2^nd that the document be received and made part of the record, 8 in favor, 0 opposed, 1 absent (DiTucci absent). Bryan Melanson of 859 Main Development LLC stated that the project conforms to the zoning and fulfills parking requirements. Alderman Gately stated that this will be major change at the site from the previously approved special permit, and that he will not hear the matter in the Committee on Special Permits until the Planning Board completes its review. President Denaro stated that there are still issues that are in review, and that this must stop being a moving target and a solid set of plans be filed. IN FAVOR: Paul Meaney, Woburn Business Association, Ten Tower Office Park, Woburn stated that the matter still requires Planning Board review but that the City Council should keep in mind that these are well known developers in the city. OPPOSED: Gerard Scalley, 18 Dartmouth Street stated that several plans have been submitted for this parcel, that in December 2011 the City Council approved plan for 98 units, that this project is not in the interest of St. Anthony Church, that the land has not even been sold yet, that the proposals for the parcel have been ongoing for 5½ years, that the parish center still has not been built, and that he is opposed to the proposal. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ONAUGUST 14, 2012, 7 in favor, 1 opposed (Mercer-Bruen), 1 absent (DiTucci absent).

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On the petition by Alderman Mercer-Bruen concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 34 Orange Street a/k/a 29 Hawthorne Street, Woburn, Massachusetts, for the purposes of determining whether said structure or structures are a public nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or other structure, as said terms are used in Massachusetts General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation. PUBLIC HEARING OPENED. Alderman MercerBruen stated that most of the vehicles have been removed from the property, that the Building Department has made progress with the landowner, that the landowner called and said that he would not be able to attend this meeting, that the landowner is making arrangements to remove the remaining trash from the site, and that the matter should be continued for review. PUBLIC COMMENTS: Susan Doherty, 33 Orange Street stated that three vehicles were removed from the lot, that there are three apartments in the building, that residents of the property are scrap metal collectors, that the residents of the property use the city’s trash collection service to dispose of their business trash, that the residents of the property burn trash in the yard, that there have been sewer backups at the

locus, and that there is often noise from stripping metal at the locus at night. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON AUGUST 14, 2012, 8 in favor, 0 opposed, 1 absent (DiTucci absent). Motion made and 2^nd that a communication be forwarded to the Board of Health Agent with a copy to the Building Commissioner requesting that the Board of Health inspect the property for issues, 8 in favor, 0 opposed, 1 absent (DiTucci absent). Motion made and 2^nd that a communication be forwarded to the Superintendent of Public Works requesting information as to the cause of the sewer issues at the property, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

FINANCE:

On the Order to transfer the sum of $19,674.00 from Ward 5 Infrastructure Account and

$25,326.00 from Cummings Property Mitigation Account to Dewey Ave Sewer

Improvements Account, committee report was received “ought to pass.” Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, 7 in favor, 0 opposed, 1 absent (DiTucci absent), 1 abstained (Gately abstained).

Presented to the Mayor: July 12, 2012                   s/Scott D. Galvin July 12, 2012

************************* ORDINANCES:

On the Order to add amend the 1989 Woburn Municipal Code, as amended, by adding a new Section 2-160 entitled “Recreation Wellness Coordinator” to Title 2 of the 1989 Woburn Municipal Code, as amended, and to amend Title 2, Section 2-180 by adding a salary line for Recreation Wellness Coordinator, committee report was received “back for action with the recommended amendment to add the words ‘not to exceed $45,000.00 including contractual obligations’.” Alderman Andersons stated that the intent of the committee was to limit compensation for the position so that it did not exceed $45,000.00, that the compensation related to items such as educational incentives if the position becomes a covered union position but not benefits such as health insurance. Alderman Haggerty stated that the “compensation” should not exceed $45,000.00 but this does not include “benefits”. President Denaro stated that the spirit of the ordinance be reflected in the minutes. Motion made and 2^nd that the ORDER be ADOPTED, AS AMENDED with the amendment as follows: That Section 2-180 be amended to read “Recreation Wellness Coordinator…Not to exceed $45,000.00 for contractual compensation obligations”, 7 in favor, 1 opposed (Gately opposed), 1 absent (DiTucci absent).

Presented to the Mayor: July 12, 2012                   s/Scott D. Galvin July 12, 2012

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On the Order to amend the salary line for “Human Resources, Clerk” in Title 2, Section

2-180 of the 1989 Woburn Municipal Code, as amended, committee report was received “ought to pass.” Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, 7 in favor, 0 opposed, 1 absent (DiTucci absent), 1 abstained (Haggerty abstained).

Presented to the Mayor: July 12, 2012                   s/Scott D. Galvin July 12, 2012

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On the Order to amend the salary lines for City Auditor, City Clerk, Clerk of City

Council, Clerk of Board of Registrars of Voters, Human Resources Director, Library Director, City Solicitor, and Superintendent of Public Works, committee report was received “ought to pass.” Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, 7 in favor, 0 opposed, 1 absent (DiTucci absent), 1 abstained (Haggerty abstained).

Presented to the Mayor: July 12, 2012                   s/Scott D. Galvin July 12, 2012

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NEW PETITIONS:

Petition by Cambridge Road Auto Service, Inc. dba Woburn Plaza Shell, 293 Cambridge

Road for renewal of Second Class Motor Vehicle Sales License. Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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Petition by SECO Properties LLC, 215 Lexington Street, Woburn, Massachusetts 01801 for a special permit pursuant to Sections 5.1.5, 7.3 and 9 of the 1985 Woburn Zoning Ordinances, as amended, to allow for two (2) dwelling units above the first floor of the office building at 57 Russell Street. Motion made and 2^nd that the MATTER be

REFERRED TO PUBLIC HEARING AT THE SEPTEMBER 4, 2012 CITY COUNCIL

MEETING and be REFERRED TO COMMITTEE ON SPECIAL PERMITS FOR

REVIEW, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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Petition by Scott L. Seaver, 215 Lexington Street, Woburn, Massachusetts 01801, an individual owning land to be affected by change or adoption, to amend Section 25 of the 1985 Woburn Zoning Ordinances, as amended, as follows:

ORDERED     Be it Ordained by the City Council of the City of Woburn as follows: That Section 25, Upper Main Street Overlay (UMS) District of the 1985 City of Woburn Zoning Ordinance as amended be amended as follows:

1. Section B.1 Scope of Authority be amended by deleting the “250” and replacing with “200” so that said Section shall read as follows:

The Upper Main Street Overlay (UMS) District is hereby established as an overlay district.  The UMS shall only be applied to properties zoned R-3 that have frontage along Route 38 (Main Street) of at least 200 feet and are at least 500 feet from the Wilmington Town line.  Inclusion of any property into the UMS shall also require a zoning map change consistent with the rules and regulations of the Woburn Zoning Ordinance.

1. Section F.  Dimensional and Density Regulations, Paragraph 1, Lot area, frontage and yards, Minimum Lot Frontage be amended by replacing “250 feet” with “200 feet” so that said Section shall read as follows:

Lot area, frontage and yards.

Minimum Lot Area; 4 acres

Minimum Lot Frontage:  200 feet

Minimum Front Yard Setback:  25 feet

Minimum Side Yard Setback:  25 feet

Minimum Rear Yard Setback:  30 feet

Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING AT

THE SEPTEMBER 4, 2012 CITY COUNCIL MEETING and refer to Committee on Ordinances and Committee on Public Lands, 7 in favor, 1 abstained (Raymond abstained), 0 opposed, 1 absent (DiTucci absent).

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A communication dated May 31, 2012 was received from Christopher Conway, Director of Facilities, Anika Therapeutics, Inc., 236 West Cummings Park, Woburn, Massachusetts 01801 as follows:

Re: Termination of Permits for Anika Therapeutics, Inc., 236 West Cummings Park,

Woburn, MA

Dear Office of the City Clerk,

Anika Therapeutics, Inc. (Anika), located at 236 West Cummings Park, Woburn, MA currently holds a certificate of registration with the City of Woburn for a Flammable Materials Storage License. As of June 30, 2012 Anika will no longer be leasing space at this facility; therefore, Anika will no longer require this registration.

Please consider this letter Anika’s notification to the City of Woburn that the registration for the Flammable Materials Storage License should be terminated as of June 30, 2012.

For your reference, please find attached a copy of the original license and a copy of the current Certificate of Registration. Please also find attached a letter to the Office of the State Fire Marshal terminating the license.

If you require any additional information or have any questions, please do not hesitate to contact me directly.

Regards, s/Christopher Conway, Director of Facilities

Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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Re:  Dole & Bailey, Inc., 16 Conn Street, Woburn, Massachusetts

Dear Mr. Campbell:

Please be advised that I represent Dole & Bailey, Inc. (“Dole & Bailey”) in connection with its Landowner’s Decision and Notice of Special Permit issued by the City Clerk on October 23, 2008 as amended by Notice of Extension dated August 5, 2010 (the “Special Permit”).  As a result of current economic conditions the build out of the accessory retail area has not yet commenced.

Therefore, on behalf of the Petitioner, I respectfully request that the City Council extend the time period for the Petitioner to exercise its rights under the Special Permit for an additional two (2) year period to October 23, 2014.

Should you need any further information, please do not hesitate to contact me.  Thank you.

Very truly yours, s/Joseph R. Tarby III

Motion made and 2^nd that the SPECIAL PERMIT ISSUED TO DOLE & BAILEY, INC. ON OCTOBER 23, 2008 AND EXTENDED ON AUGUST 5, 2010 be FURTHER EXTENDED UP TO AND INCLUDING OCTOBER 23, 2014, 7 in favor, 1 opposed (Anderson opposed), 1 absent (DiTucci absent).

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COMMUNICATIONS AND REPORTS:

A communication dated July 2, 2012 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 June 2012. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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A communication dated June 27, 2012 was received from City Treasurer/Collector Timothy J. Donovan as follows:

Dear President Denaro:

Respectfully, I am requesting to be placed on the agenda for the August regular meeting of the City Council to present a summary status of the City of Woburn tax title properties.

To assist in this presentation, the City’s tax title Attorneys, Robert Kerwin and John Finnegan of Tarlow, Breed, Hart & Rogers, P.C., will be present to provide the analysis and to answer any questions the Council may have about tax title accounts.

I appreciate your accommodation of this request.

Sincerely, s/Timothy J. Donovan

Motion made and 2^nd that the MATTER be REFERRED FOR HEARING AT THE REGULAR MEETING OF THE CITY COUNCIL ON AUGUST 14, 2012, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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A communication dated June 20, 2012 was received from the Surface Transportation

Board entitled “Decision” relative to the New England Transrail, LLC petition. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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A communication dated June 28, 2012 was received from Jane E. Hoyt, Plant Manager, Kraft Foods, 1 Hill Street, Woburn, Massachusetts 01801 as follows:

Dear President Denaro:

In response to the letter we received from the Woburn City Clerk, dated June 11, 2012, Kraft Foods respectfully requests an opportunity to review progress on our Odor Abatement Plan and address any inquiries related to recent complaints received.

We would like to suggest that the Kraft Foods Ad Hoc Committee reconvene at your convenience, sometime in the near future, as this has provided an effective forum to share status and discuss this matter. I look forward to hearing from the Council on this request.

Thank you for your time and consideration.

Sincerely, s/Jane E. Hoyt, Plant Manager

Motion made and 2^nd that the MATTER be REFERRED TO THE KRAFT FOODS AD HOC COMMITTEE, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

ORDERED     That in accordance with Massachusetts General Laws Chapter 54, as amended, the City Clerk is hereby authorized and directed to notify and to warn such of the inhabitants of the City of Woburn as are qualified to vote in Primaries to assemble at the polling places in their respective wards as designated herein, on THURSDAY, the SIXTH DAY OF SEPTEMBER,

2012 from 7:00 a.m. to 8:00 p.m., then and their to cast their votes in the State Primary for the candidates of political parties DEMOCRATIC,

REPUBLICAN AND GREEN-RAINBOW for the following offices:

SENATOR IN CONGRESS …………………………. FOR THIS COMMONWEALTH

REPRESENTATIVE IN CONGRESS …………… FIFTH DISTRICT

COUNCILLOR …………………………………………… THIRD DISTRICT

SENATOR IN GENERAL COURT ………………. FOURTH MIDDLESEX DISTRICT

REPRESENTATIVE IN GENERAL COURT…15^th MIDDLESEX DISTRICT (Wards 1,

7 )

REPRESENTATIVE IN GENERAL COURT…30^th MIDDLESEX DISTRICT

(Wards 2, 3, 4, 5, 6)

REGISTER OF DEEDS ………………………………. MIDDLESEX DISTRICT

CLERK OF COURTS………………………………….. MIDDLESEX COUNTY

SHERIFF (TO FILL VACANCY) ………………… MIDDLESEX COUNTY

Motion made and 2^nd that the ORDER be ADOPTED, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

Presented to the Mayor: July 12, 2012                   s/Scott D. Galvin July 12, 2012

_________________________

Motion made and 2^nd to suspend the rules for the purpose of adding the following late filed matters to the Order of the Day, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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A communication dated July 10, 2012 with attachment was received from His Honor the Mayor Scott D. Galvin as follows:

Dear City Council President Denaro:

I am forwarding a transfer from various mitigation accounts for the construction of a protective enclosure for the Meter 230 pressure-reducing valve replacement, located at the intersection of Mishawum Road and Washington Street.

I have attached a copy of a letter from City Engineer Jay Corey explaining the project, as well as a list of every mitigation account and the corresponding balance provided by the Auditor’s Office.

In accordance with the Open Meeting Law, I am requesting that this transfer only be given a first reading, and then sent to the Finance Committee for discussion.

Respectfully, s/Scott D. Galvin, Mayor

Attached thereto was the following Order:

ORDERED     That the sum of $54,440.00 be and is hereby transferred as so stated from Traffic Safety & Infrastructure $54,440.00 – Acct #360058-588280

$12,005.00, Acct #360058-588295 $28,785.00, Acct #360058-588185 $2,950.00, Acct #360058-588235 $10,700.00 to Upgrade to MWRA Meter 230 $54,440.00.

I have reviewed the above: s/Charles E. Doherty, Deputy Auditor

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

s/President Denaro

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

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Petition by Michael Pendolino dba North Shore Coin, 20 Cummings Park, Woburn,

Massachusetts 01801 for License to Purchase and Sell Second-Hand and Personal Articles of Value and Collectibles. Motion made and 2^nd that the MATTER be

REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, 8 in favor, 0 opposed, 1 absent (DiTucci absent).

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

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Motion made and 2^nd to ADJOURN, 8 in favor, 0 opposed, 1 absent (DiTucci absent). Meeting adjourned at 8:06 p.m.

A TRUE RECORD ATTEST:

William C. Campbell

City Clerk and Clerk of the City Council