Meeting Agenda

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CITY OF WOBURN

JULY 15, 2014 – 6:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

                                                                 Haggerty

_________________________

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

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MAYOR’S COMMUNICATIONS: 

A communication dated July 10, 2014 with attachments was received from His Honor the Mayor Scott D. Galvin as follows:

President Haggerty,

As we discussed, I am forwarding a storm water management ordinance for your sponsorship and review.

The Federal Clean Water Act requires communities in Massachusetts to periodically obtain a National Pollution Discharge Elimination System (NPDES) Permit from the U.S. Environmental Protection Agency (EPA).  There are many regulations and mandates associated with the Clean Water Act, including compliance with storm water regulations issued by the EPA.  Adoption of the attached proposal as a City ordinance would partially fulfill NPDES permitting requirements and compliance with Federal storm water regulations for sedimentation and erosion control.

A team of City officials spent the past four months refining and tailoring a “template” ordinance provided by the EPA.  The team included City Engineer Jay Corey, DPW Director Jay Duran, City Solicitor Ellen Callahan Doucette, Conservation Administrator Theresa Murphy, Planning Director Tina Cassidy and Municipal Inspections Director Tom C. Quinn.  The proposed ordinance is intended to comprehensively address issues related to both the EPA and the Commonwealth of Massachusetts requirements for storm water management, illicit storm drain connections, alteration of drainage patterns and the control of erosion and sedimentation during construction activities.  It would replace the existing Article IV of Title 13, Public Services, of the Woburn Municipal Code entitled Drainage System

Sincerely; Mayor Scott D. Galvin

Attached thereto was the following Order:

ORDERED

Be it ordained by the City Council of the City of Woburn that Title 13, Public Services, of the 1989 Woburn Municipal Code, as amended, be further amended by replacing the existing Article IV entitled “Drainage System” with the following entitled Article IV Stormwater, Illicit Discharge/Connection and Construction Site Management as follows:

IV.       STORMWATER, ILLICIT DISCHARGE/CONNECTION AND CONSTRUCTION SITE MANAGEMENT

13.4.1    Purpose

1. The purpose of this Ordinance is to protect the surface water bodies, wetlands, natural resources, and public and private property within the City of Woburn from the negative impacts caused by polluted and unmanaged stormwater runoff and activities related to development, construction and land surface alteration and work not otherwise subject to regulation by the Planning Board and/or the Conservation Commission. In response to the mandates set forth under the amendments to the Federal Clean Water Act, this Ordinance partially fulfills the requirement of the Phase II National Pollution Discharge Elimination System (NPDES) Permit in order to achieve compliance with the U.S. Environmental Protection Agency’s stormwater regulations.

1. Because stormwater discharges from a variety of sources, including storm sewers, construction, waste disposal, earth disturbance and resource extraction, are major causes of impairment to the water quality of natural coastal and inland water bodies and wetland resource areas; this Ordinance is designed to regulate a myriad of aspects relating to the development or redevelopment of land as well as to detect and eliminate illicit discharges into the City’s storm drainage system.

1. This Ordinance and the regulations promulgated hereunder serve to establish minimum standards, design criteria, implementation, guidance and enforcement to achieve the following objectives:

1. 1. Establish, regulate and enforce stormwater management standards for development and redevelopment projects by adopting and enforcing the ten (10) Stormwater Management Standards set forth in the Massachusetts Stormwater Management Policy and set forth in Section 13.4.3.B;
   2. Detect and eliminate illegal discharges to the municipal storm drain system including but not limited to sewage, process wastewater, wash water, indoor drains, floor drains and sinks from residential, commercial or industrial sources;
   3. Guide, regulate and manage construction activities that render soil exposed and vulnerable to erosion by wind and water as well as contain and properly manage potential on-site pollutants including but not limited to oils, gasoline, pesticides, paints, garbage and sanitary wastes;
   4. Regulate the alteration of grades/elevations of the land surface by more than two (2) feet to protect against damage to abutting properties and adjacent wetland resource areas resulting from altered drainage patterns.
   5. Authorize the City’s Engineering Department to establish and evaluate rules and regulations to further clarify and implement this Ordinance.

13. 4. 2. Applicability

This Ordinance applies to all construction, development, and redevelopment activities that involve and/or impact stormwater discharge, soil disturbance, altering of grades or drainage patterns except as otherwise expressly exempted herein.

13. 4. 2. Stormwater Management of New Development & Redevelopment

1. Regulation of discharges to the municipal storm drainage system, surface waters and wetlands is necessary for the protection of the City of Woburn’s water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased and contaminated stormwater runoff associated with developed land uses and the accompanying increase in impervious surface is a major cause of impairment of: water quality and flow in the ocean, lakes, ponds, streams, rivers, wetlands and groundwater; contamination of drinking water supplies; erosion of stream channels; alteration or destruction of aquatic and wildlife habitat; and flooding.

1. This Ordinance establishes stormwater management standards for development and redevelopment projects that disturb twenty thousand (20,000) sq. ft. or more of land, in order to minimize adverse impacts offsite and downstream which would be borne by abutters, residents and/or the general public, by requiring compliance with all state and federal statutes and regulations relating to stormwater discharges and by adopting the following Standards of the Massachusetts Stormwater Policy:

1. 1. No new stormwater conveyances (e.g. outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or waters of the Commonwealth.
   2. Storm water management systems  shall be designed so that postdevelopment peak discharge rates do not exceed pre-development peak discharge rates;
   3. Loss of annual recharge to groundwater shall be eliminated or minimized through the use of infiltration measures to the maximum extent practicable, including environmentally sensitive site design, low impact development techniques, stormwater best management practices and good operation and maintenance. At a minimum, the annual recharge from a site post-development shall approximate the annual recharge from predevelopment conditions, based on soil type.  This standard is met when the stormwater management system is designed to infiltrate the required recharge volume as determined in accordance with the State’s Stormwater Handbook;
   4. Stormwater management systems shall be designed to remove eighty percent (80%) of all Total Suspended Solids (TSS).  This standard is met when:

1. 1. 1. 1. Suitable practices for source control and pollution prevention are identified in a long-term pollution prevention plan, and thereafter are implemented and maintained;
         2. Structural stormwater best management practices are sized to capture the required water quality volume determined in accordance with the Massachusetts Stormwater Handbook; and
         3. Pretreatment is provided in accordance with the Massachusetts Stormwater Handbook.

1. 1. For land uses with higher potential pollutant loads, source control and pollution prevention shall be implemented in accordance with the Massachusetts Stormwater Handbook to eliminate or reduce the discharge of stormwater runoff from such land uses to the maximum extent practicable.  If through source control and/or pollution prevention all land uses with higher potential pollutant loads cannot be completely protected from exposure to rain, snow, snow melt, and stormwater runoff, the proponent shall use the specific structural stormwater BMPs determined by the Department to be suitable for such uses as provided in the Massachusetts Stormwater Handbook.  Stormwater discharges from land uses with higher potential pollutant loads shall also comply with the requirements of the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 2653 and the regulations promulgated thereunder at 314 CMR 3.00, 314 CMR 4.00 and 314 CMR 5.00.
   2. Stormwater discharges within the Zone II or Interim Wellhead Protection Area of a public water supply, and stormwater discharges near or to any other critical area, require the use of the specific source control and pollution prevention measures and the specific structural stormwater best management practices determined by the Department to be suitable for managing discharges to such areas, as provided in the Massachusetts Stormwater Handbook. A discharge is near a critical area if there is a strong likelihood of a significant impact occurring to said area, taking into account site-specific factors.  Stormwater discharges to Outstanding Resource Waters and Special Resource Waters shall be removed and set back from the receiving water or wetland and receive the highest and best practical method of treatment.  A “storm water discharge” as defined in 314 CMR 3.04(2)(a)1 or (b) to an Outstanding Resource Water or Special Resource Water shall comply with 314 CMR 3.00 and 314 CMR 4.00.  Stormwater discharges to a Zone I or Zone A are prohibited unless essential to the operation of a public water supply.
   3. A redevelopment project is required to meet the following Stormwater Management Standards only to the maximum extent practicable: Standard 2, Standard 3, and the pretreatment and structural best management practice requirements of Standards 4, 5, and 6. Existing stormwater discharges shall comply with Standard 1 only to the maximum extent practicable.  A redevelopment project shall also comply with all other requirements of the Stormwater Management Standards and improve existing conditions.
   4. A plan to control construction-related impacts including erosion, sedimentation and other pollutant sources during construction and land disturbance activities (construction period erosion, sedimentation, and pollution prevention plan) shall be developed and implemented.
   5. A long-term operation and maintenance plan shall be developed and implemented to ensure that stormwater management systems function as designed.
   6. All illicit discharges to the stormwater management system are prohibited.

1. The following activities and uses are exempt from the Stormwater Management Ordinance:

1. 1. Detached single-family dwelling;
   2. Detached two-family dwelling;
   3. Additions to detached single-family and two-family dwellings;
   4. Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04;
   5. Maintenance of existing landscaping, gardens or lawn areas provided such maintenance does not include the addition of soil material or alteration of existing grades and provided the project involves less than one hundred

(100 cubic) yards of fill (see Section 13.5.3.G., below);

1. 1. The construction of any walls and fencing that will not alter existing terrain or drainage patterns;
   2. Construction of utilities other than drainage (gas, water, sanitary sewer, electric, telephone, etc.) which will not alter terrain, ground cover, or drainage patterns;
   3. Projects within the jurisdiction of the Conservation Commission requiring an Order of Conditions;
   4. Projects under the jurisdiction of the Woburn Planning Board by virtue of the Subdivision Control Law; and
   5. Emergency repairs to roads or utility systems.

1. For phased projects, the determination of whether the Stormwater Management Standards apply is made on the entire project as a whole including all phases.

When proposing a development or redevelopment project subject to the Stormwater Management standards, proponents shall consider environmentally sensitive site design that incorporates low impact development techniques in addition to stormwater best management practices.

1. Project proponents seeking to demonstrate compliance with some or all of the Stormwater Management Standards to the maximum extent practicable shall demonstrate that:

1. 1. They have made all reasonable efforts to meet each of the Standards;
   2. They have made a complete evaluation of possible stormwater management measures, including environmentally sensitive site design, low impact development techniques that minimize land disturbance and impervious surfaces, structural stormwater best management practices, pollution prevention, erosion and sedimentation control, and proper operation and maintenance of stormwater best management practices; and
   3. If full compliance with the Standards cannot be achieved, they are implementing the highest practicable level of stormwater management.

1. Projects involving one hundred (100) cubic yards of fill or more must obtain a Special Permit from the Woburn City Council, in accordance with Section 5.5 of the City’s zoning ordinance.

13.4.4 Illicit Connections

1. This Ordinance also provides for the health, safety, and general welfare of the citizens of Woburn by regulating storm water discharge into the City’s storm drain system and waterways in accordance with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit process.

1. The City’s storm drainage system includes storm water pipes and drainage waterways and conveys surface water runoff to receiving waters. Generally runoff enters the storm water drainage system piping through catch basins on streets and on public and private property and from drainage swales and ditches. No sewage discharge is allowed into this system.

The City also has a separate piped municipal sanitary sewerage system. In order to reduce and eliminate infiltration and inflow into this system, no storm drainage discharge is allowed into the municipal sanitary sewer system from any source including, but not limited to, sump pumps and roof drainage. The sewerage system conveys wastewater from residences and commercial and industrial establishments to the wastewater treatment plant. The City’s sewerage system is regulated by Title 13, Article III, Sewer System, of the Woburn Municipal Code.

1. The objectives of this section are to:

1. 1. Minimize the contribution of pollutants to the municipal storm drainage system;
   2. Minimize the negative impact of illicit connections and discharges upon the City’s natural resources;
   3. Prohibit illicit connections and discharges to the municipal storm drainage system; and
   4. Establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Ordinance.

13.4.5 Erosion/Sedimentation and Materials Management

1. During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by degrading water quality and causing the siltation of terrestrial and aquatic habitat for fish and other desirable species. Eroded soil also necessitates extraordinary maintenance and repair of storm drains and ditches and the dredging of lakes. In addition, clearing and grading during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat.

1. Many potential pollutants other than sediment are associated with construction activities. These pollutants include pesticides, fertilizers used for vegetative stabilization; petrochemicals (oils, gasoline, and asphalt degreasers); construction chemicals (such as concrete products, sealers, and paints, wash water associated with these products); paper; wood; garbage; and sanitary wastes.

1. As a result, the purpose of this section is to safeguard persons, protect property, and prevent damage to the environment in the City of Woburn. This Ordinance also promotes the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of certain development or other activity that disturbs the topsoil or results in the movement of earth within the City of Woburn.

1. Stormwater discharges from construction activities (such as clearing, grading, excavating, and stockpiling) that disturb one (1) acre or more are regulated under the National Pollutant Discharge Elimination System (NPDES) stormwater program. Prior to discharging stormwater, construction operators must obtain coverage under an NPDES permit, which is administered by Mass DEP and the EPA. An applicant is required to file a Stormwater Pollution Prevention Plan (SWPPP) when seeking a NPDES permit.

1. 1. No person shall undertake a land-disturbing activity that would require the uncovering of one (1) acre (43,560 square feet) or more without the review and approval of the applicant’s SWPPP by the City Engineering Department. Such projects shall be required to also submit an Erosion/Sediment Control and Materials Management Plan with the application when, in the opinion of the City Engineer or his designee, the submission of such a plan is needed to further the purpose and intent of this Ordinance and/or to safeguard surrounding property and public infrastructure systems.

1. No person shall be granted a site development permit for land-disturbing activity that would require disturbing less than one (1) acre (43,560 sq. ft.) but more than twenty thousand (20,000) sq. ft. without the approval of an Abbreviated Erosion/Sediment Control & Materials Management Application by the Engineering Department.

1. The following activities and uses are exempt from the Erosion/Sedimentation and Materials Management Ordinance:

1. 1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources, as determined by the City’s Director of Inspectional Services or Director of the Board of Health;
   2. Repairs to any roadway or utility system deemed necessary by the City of Woburn Engineering Department or its designee;
   3. Existing nursery and agricultural operations conducted as a permitted use; or
   4. Projects disturbing less than twenty thousand (20,000) sq. ft. of land.

13.4.6  Drainage Pattern Alterations

1. Changing the grading of the land surface can have an impact on drainage characteristics of even relatively small watershed areas. Therefore, regulating proposed grading for all projects, including minor ones is necessary for the protection of the City of Woburn’s natural resources, and to safeguard public and private property from the potential negative impacts due to increased peak rate run off, increase in volume, and flooding.

1. A permit required by this Ordinance will be issued by the Director to the owner or the owner’s duly authorized agent after the Director has reviewed a plan submitted showing the nature of the grade change proposed. Said permit shall only be issued on such conditions, which shall be determined by the City Engineer, that will ensure that the proposed grade changes will not adversely affect existing drainage and groundwater conditions that could affect the public health, safety and welfare of any public way or adjoining real estate.

1. It shall be unlawful for any person or other legal owner of real property in the City to disturb the existing grade of land by more than two (2) feet without first obtaining the approval of the City Engineer, and where applicable, the Conservation Commission (if the activity is subject to the Wetlands Protection

Act or the Woburn Wetland Ordinance (Title VII) and the Rules and Regulations adopted pursuant to that Ordinance) and the Planning Board (if the property is being altered pursuant to a plan subject to the Subdivision Control Law).

1. In addition, any project involving the removal or filling of more than one hundred (100) cubic yards of earth must obtain a Special Permit from the Woburn City Council, in accordance with Section 5-5 of the Zoning Ordinance.

1. The following activities and uses are exempt from the Drainage Pattern Alterations Ordinance:

1.        Emergency work as declared or determined by the Director of Engineering or his designee.

13.4.7 Responsibility For Administration

The Director of Engineering shall administer, implement, and enforce the provisions of these Stormwater and Construction Management Ordinances. Any powers granted or duties imposed upon the Director of Engineering by this Ordinance may be delegated in writing by the Director to persons or entities acting in the beneficial interest of or in the employ of the City.

13.4.8 Enforcement

1. The Building Commissioner and the Police Department (“Enforcing Authority”) are authorized to enforce this ordinance and resulting regulations, orders, violation notices, and enforcement orders, and may pursue all criminal and civil remedies, including injunctive relief and monetary damages and costs of litigation and attorney fees, for such violations and for abatement and mitigation and compliance actions taken by the Enforcing Authority. Any person violating the provisions of these regulations shall become liable to the City for any expense, loss, or damage incurred by the City by reason of such violation, including but not limited to any fines, charges, or assessments made or imposed on the City by any federal state, or local agency.  To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Enforcing Authority, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this ordinance and may make or cause to be made such examinations, surveys or sampling as it deems reasonably necessary to determine compliance with a permit issued under this ordinance.  Enforcement shall be further defined and included as part of the regulations promulgated under this ordinance.

1. Violations of any of the provisions of this ordinance shall be subject to a fine of two hundred fifty dollars ($250.00) for the first violation and five hundred dollars ($500.00) for the second and subsequent violations.

1. Each day, or part thereof that a violation continues shall be deemed a separate offense.

1. Non-Criminal Disposition.  As an alternative to criminal prosecution or civil action, the Enforcing Authority may elect to utilize the non-criminal disposition procedure set forth in M.G.L. c.40, §21D and Section 1.18 of the Woburn Municipal Code,

1. Remedies are not exclusive.  The remedies set forth in this article are not exclusive of any other remedies available under any applicable federal, state or local law.

1. Appeals.  The decisions or orders of the Enforcing Authority shall be final.  Further relief of a decision by the Enforcing Authority made under this Article shall be reviewable in the Superior Court in accordance with M.G.L. c.249, §4.

13.4.9 Rules & Regulations

The City Engineer shall be empowered to establish Rules and Regulations to govern the permitting process, including but not limited to fees, application procedures, definitions, use of consultants, security to assure performance, performance standards for work, and such other information the Department deems necessary to discharge its responsibilities. The Department may promulgate such rules and regulations to effectuate the purposes of this Ordinance. Failure by the Department to promulgate such rules and regulations, or a legal declaration of their validity by a court of law, shall not act to suspend or invalidate the effect of this Ordinance.

13.4.10 Severability

If any provision of this ordinance shall be held invalid, the remainder of the ordinance shall not be affected thereby, nor shall it invalidate any permit, order or decision which had previously been issued and become final.

s/President Haggerty

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

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ORDERED   That the sum of $175,000.00 be and is hereby transferred as so stated from

Fire – Ambulance Receipts Acct #31359-595000 $175,000.00 to Fire/Ambulance Acct #31358-586020 $175,000.00 – Purpose: Purchase of New Ambulance.

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

I hereby recommend the above: s/Timothy Ring, Chief, Fire Department

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

s/President Haggerty

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

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PUBLIC HEARINGS:  

On the petition by 4 Montvale Avenue Realty Trust, 1820 Turnpike Street, #03, North Andover, Massachusetts 01845 for a special permit pursuant to Sections 5.1.5, 8.3 and 12 of the 1985 Woburn Zoning Ordinances, as amended, to allow for two (2) residential dwelling units above the first story in a commercial structure at 4 Montvale Avenue, with parking in the municipal parking lot. PUBLIC HEARING OPENED. A communication dated June 23, 2014 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 4 Montvale Avenue Realty Trust, 4 Montvale Avenue, Woburn, Massachusetts

Dear Mr. Campbell:

Please be advised that I represent 4 Montvale Avenue Realty Trust in connection with the above-referenced Special Permit Petition. On behalf of my client I respectfully request Leave to Withdraw Without Prejudice of the above-referenced Special Permit Petition. My client has revised its plans and will resubmit the Petition with the revised plans shortly. If you have any questions please feel free to contact me. Thank you.

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

PUBLIC COMMENTS: None. Motion made and 2^nd to close the public hearing, 8 in favor, 0 opposed, 1 absent (Drapeau absent). Motion made and 2^nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

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On the petition by Herb Chambers 128, Inc., c/o The Herb Chambers Companies, 47

Eastern Boulevard, Glastonbury, Connecticut 06033 for a special permit pursuant to Section 7.3 and Section 15 of the 1985 Woburn Zoning Ordinances, as amended to allow for the alteration, change and extension of the existing nonconforming use (overnight parking of commercial vehicles) to allow for the storage, reconditioning and preparation of motor vehicles at 285 Locust Street. PUBLIC HEARING OPENED. A communication dated July 2, 2014 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 Herb Chambers 128, Inc., 285 Locust Street, Woburn, Massachusetts

Dear Mr. Campbell:

As you know I represent Herb Chambers 128, Inc. on the above-referenced matter. I respectfully request that the City Council Public hearing on this matter presently scheduled for July 15, 2014 be continued to the City Council Public Hearing on August 12, 2014. If you need any further information, please contact me. Thank you.

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

PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

AUGUST 12, 2014, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

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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”. PUBLIC HEARING OPENED. A communication dated July 1, 2014 was received from Tina P. Cassidy, Planning Director, Woburn Planning Board as follows:

Re: Proposed Zoning Ordinance Amendments to Section 2 and 27 Relative to Adaptive Reuse of Church Buildings

Dear Mr. Campbell:

Please be advised that at its meeting on Tuesday, June 24, 2014 the Woburn Planning Board opened its public hearing on the above-referenced matter and then voted to continue the public hearing until Tuesday, August 5, 2014 at 5:00 p.m.  At that time, the Planning Board will conduct a site visit to one of the properties affected by the proposed zoning change (St. Joseph’s).

The Board is then expected to continue its discussion of the proposal at its meeting at  City Hall that evening (Tuesday August 5^th at 7:00 p.m.) and to formulate a recommendation for consideration by the City Council.

Respectfully, s/Tina P. Cassidy, Planning Director

A communication dated July 9, 2014 was received from Attorney Joseph R. Tarby, III, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

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

Dear Mr. Campbell:

As you know I represent John and Kathryn Flaherty on the above-referenced matter. I respectfully request that the City Council Public Hearing on this matter presently scheduled for July 15, 2014 be continued to the City Council Public Hearing of August 12, 2014. If you need any further information, please contact me. Thank you.

Very truly yours, s/Joseph R. Tarby III

PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC HEARING be

CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

AUGUST 12, 2014, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

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On the petition by Linear Retail Woburn #1 LLC, 5 Burlington Woods Drive, Burlington,

Massachusetts 01803 for a special permit pursuant to the provisions of 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.29 and 12 to approve the modification of a special permit dated March 27, 2014 to allow for the substitution of Hamra Noodles LLC

d/b/a Noodles and Company in place of b.good as the fast food restaurant to occupy Tenant Space A at 299 Mishawum Road. PUBLIC HEARING OPENED. A communication dated July 3, 2014 was received from Tina P. Cassidy, Planning Director, Woburn Planning Board as follows:

Re: Recommendation from Planning Department Relative to Special Permit Petition of Linear Retail Woburn #1 LLC for Property at 299 Mishawum Road

Dear Honorable Council:

The Planning Department has completed its review of this special permit application which seeks to modify condition #8 of the special permit decision granted by the City Council on March 4, 2014.

The applicant is seeking authorization to substitute Hamra Noodles LLC (d/b/a Noodles and Company) in place of b.good as the fast food restaurant that will occupy Tenant Space A.

After considering the initial special permit decision, the site development plans and the special permit modification request, the Planning Department recommends that the Council approve the modification and revise Condition #8 as follows (additions in bold font):

“8. The Special Permit for Hamra Noodles LLC (d/b/a Noodles and Company), the fast food restaurant located in Tenant “A” space, shall be non-transferrable.”

Please feel free to contact me at (781) 897-5818 if you have any questions about this recommendation.

Respectfully, s/Tina P. Cassidy, Planning Director

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

Sleepy’s retail store located at this address was divided into three tenant spaces, that Tenant Space A was to be occupied by b.good which is a fast casual restaurant with inside and outside seasonal seating, that Tenant Space B is to be occupied by a Century Bank branch, that Tenant Space C is to be occupied by a reduced Sleepy’s retail store, that the petitioner was founded in 1995, that the petitioner has seven locations in New England including one at the Middlesex Marketplace in Burlington, that the new restaurant will have the same square footage as the formerly proposed restaurant, that all other conditions of the prior special permit remain the same, that the impact on traffic and hours of operation will be comparable for the petitioner as for the formerly proposed restaurant, and that neither b.good nor Noddles and Company serve breakfast but both serve lunch and dinner. Attorney Tarby offered a document concerning the company profile 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 (Drapeau absent). Bryan W. Furze, Vice President Leasing and Asset Management for Linear Retail stated that they have had some preliminary discussions regarding the traffic control signals but has no additional information to offer in that regard at this time. PUBLIC COMMENTS: None. Motion made and 2^nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (Drapeau absent). Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the condition as follows: 1. That the recommendations of the Planning Board be adopted as a condition of the special permit, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

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On the petition by Benchmark Senior Living, 40 Williams Street, Wellesley,

Massachusetts 02481-3904 for a special permit pursuant to Section 5.1.19a of the 1985 Woburn Zoning Ordinances, as amended, to construct an assisted living/memory care facility and associated improvements at 320 Salem Street. PUBLIC HEARING OPENED. A communication dated July 14, 2014 was received from Attorney Mark T. Vaughan, Riemer and Braunstein, Seven New England Executive Park, Burlington, Massachusetts 01803 as follows:

Re:  Petition for Special Permit/Benchmark Senior Living (320 Salem Street, Woburn, Massachusetts

Dear Mr. Campbell:

I respectfully request that the City Council public hearing on this matter which is presently scheduled for July 14, 2014 be continued to the City Council meeting date on August 12, 2014.

Thank you very much for your attention to this matter, and please do not hesitate to contact me should you have any questions whatsoever.

Very truly yours, s/Mark T. Vaughan

Motion made and 2^nd that the communication be accepted, 8 in favor, 0 opposed, 1 absent

(Drapeau absent). PUBLIC COMMENTS: None. Motion made and 2^nd that the PUBLIC

HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON AUGUST 12, 2014, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

PUBLIC SAFETY AND LICENSES:

On the petition by M&L Transit Systems Inc. for renewal of Common Carrie License, committee report was received “ought to pass”. Motion made and 2^nd that the

COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

Presented to the Mayor July 17, 2014 and ten days having elapsed without same being approved, said License became effective without his signature on July 29, 2014.

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On the petition by Robson Lugad Dias for a new Livery License, committee report was received “ought to pass”. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

Presented to the Mayor July 17, 2014 and ten days having elapsed without same being approved, said License became effective without his signature on July 29, 2014.

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

On the Order to amend Title 2, Section 3-34 of the 1989 Woburn Municipal Code, as amended relative to demand fees for unpaid taxes, committee report was received “ought to pass”. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

Presented to the Mayor: July 17, 2014                   s/Scott D. Galvin July 17, 2014 *************************

On the Order to accept the provisions of M.G.L. Ch. 200A, Sec. 9A to provide the Treasurer/Collector with an alternative procedure for the disposal of abandoned funds held in the custody of the city, committee report was received “ought to pass”. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

Presented to the Mayor: July 17, 2014                   s/Scott D. Galvin July 17, 2014

************************* SPECIAL PERMITS:

On the petition by C.N. Wood Realty LLC to amend a special permit issued on April 15, 2014 to allow an addition to be constructed on the existing building as an extension or alteration of a pre-existing non-conforming structure or use at 200 Merrimac Street, committee report was received “ought to pass as amended with the condition as follows: 1. That Sheet C-1 of the Plan of Record be amended to be the plan entitled ‘Layout & Materials Plan  Sheet C-1’ prepared by Allen & Major Associates, Inc. dated 01/28/14 rev. 03/06/14, rev. 05/06/14, rev. 05/29/14, rev. 06/06/14”.  Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

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NEW PETITIONS:

Petition by  SureRide LLC, 400 TradeCenter, Suite 5900 to increase number of vehicles allowed under Taxi Cab License. Motion made and 2^nd that the MATTER be

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

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Petition by 4^TH Annual John F. Tighe Walk for Pulmonary Fibrosis, 36 D 7 Spring Lane,

Burlington, Massachusetts 01803 for a Special Event Permit to allow a fundraiser walk at Horn Pond with registration and refreshments at the picnic area on September 20, 2014 and a rain date on September 27, 2014. Motion made and 2^nd that the SPECIAL EVENT PERMIT be GRANTED, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

Presented to the Mayor: July 17, 2014                   s/Scott D. Galvin July 17, 2014

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Petition by NSTAR Electric Company and Verizon New England Inc. for a grant of right in a way on the northerly side of High Street approximately 105 feet east of Main Street to relocate joint occupancy pole 105/2. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

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Petition by Hess Corp. d/b/a Hess 21241 to change the name of the holder of the

Inflammable License at 306 Montvale Avenue to the new entity Hess Retail Operations,

LLC d/b/a Hess 21241. Motion made and 2^nd that the CHANGE OF NAME OF THE INFLAMMABLE LICENSE HELD BY HESS CORP. be ALLOWED, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

Presented to the Mayor: July 17, 2014                   s/Scott D. Galvin July 17, 2014

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Petition by Friends of Woburn Veterans, 144 School Street, Woburn, Massachusetts

01801 for a Special Event Permit to allow a fundraiser motor cycle run on August 23, 2014. Motion made and 2^nd that the SPECIAL EVENT PERMIT be GRANTED, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

Presented to the Mayor: July 17, 2014                   s/Scott D. Galvin July 17, 2014

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Petition by The Woburn Armory LLC, 175 Summer Street, Somerville, Massachusetts

02145 for a special permit pursuant to Sections 5.1.5, 7.3, 12 and 15 of the 1985 Woburn

Zoning Ordinances, as amended, to allow for the alteration of the existing Woburn Armory for eighteen (18) residential dwelling units above the first story in a commercial structure at 286 Main Street a/k/a 320 Main Street within the Groundwater Protection District. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC

HEARING ON SEPTEMBER 2, 2014 , 8 in favor, 0 opposed, 1 absent (Drapeau absent).

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Petition by Johnson Woods Realty Corporation, c/o Glover Property Management, Inc., 8 Doaks Lane, Marblehead, Massachusetts 01945 for a special permit to modify a special permit dated April 7, 2005 as extended by notices of extension issued on December 21, 2006 and January 8, 2009 as further amended by special permit dated April 28, 2011 (collectively the “Decision”) which Decision allowed for thirty-four (34) condominium units to modify by modifying the following conditions to allow forty-four (44) residential units pursuant to Section 5.1.4 of the 1985 Woburn Zoning Ordinances, as amended: 1. That Condition 1 be amended by replacing the existing language which states: 1. The

Plans of record shall be the Plans entitled: “Avalon Inwood, Woburn, Massachusetts, Applicant/Owner Avalon WFS, LLC c/o Avalon Bay Communities, Inc., Boston, MA 02210” prepared by Hayes Engineering Inc., 603 Salem Street, Wakefield, MA 01880, dated January 25, 2011 consisting of Sheets C1, C2, C 3, C4, C5, C6 and C7; “Avalon Inwood Phase 2, Woburn, Massachusetts” prepared by Niles Bolton Associates, Inc., 1

Buckhead Plaza, 3060 Peachtree Road NW, Suite 600, Atlanta, Georgia, dated

02/25/2011 consisting of A0.00, A2.01, A2.02, A2.03, A2.04, A2.05, A2.06, A4.01,

A4.02, A5.01, A5.02, A5.03, A5.04, A5.05 and A5.05A; and  “Avalon Inwood Phase 2,

Inwood Drive, Woburn, Massachusetts, For: Avalon Bay Communities, Boston,

Massachusetts” prepared by Hawk Design, Inc., Landscape Architecture, Land Planning,

Boston, MA, dated 01/25/2010 stamped 2/24/11consisting of L1” with a new Plan of

Record entitled “Johnson Woods at Inwood, Woburn, Massachusetts, Applicant Johnson

Woods Realty Corporation, Glover Property Management, Inc., 8 Doakes Lane,

Marblehead, MA 01945, Owner: Inwood Development, LLC c/o UDR, Inc., 7 Harcourt Street, 2^nd Floor, Boston, MA 02116” prepared by Hayes Engineering, Inc., 603 Salem

Street, Wakefield, MA 01880 dated July 2, 2014; 2. That Condition 22 which states: “The number of units shall be limited to 34 units” be modified by replacing “34 units” with “44

units”, at 0 Inwood Drive, Lot 1, Woburn, Massachusetts. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING ON SEPTEMBER 2, 2014, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

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COMMUNICATIONS AND REPORTS:

A communication dated June 20, 2014 was received from Charles L. O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:

In accordance with Massachusetts General Laws Chapter 90, Section 20½, I am submitting this report to you on the parking violations within the city of Woburn for the period ending May 2014: number of violations issued 472, number of violations paid 253, number of violations outstanding 194, amount collected and submitted to the

Collector’s Office $21,485.41. There exists a backlog of 3,200 tickets from 1982 through

2013. Demand will be sent until all tickets have been paid. Parking fines referred to the Handicapped Commission $3,700.00.

Respectfully submitted, s/Charles L. O’Connor, Parking Clerk City of Woburn

Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

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A communication dated June 12, 2014 was received from Building Commissioner Thomas C. Quinn, Jr. as follows:

Re: Special Permit Application Sign Off

This communication is to inform you that the City Solicitor and I have had discussions on the requirement for the Building Commissioner to sign off on Special Permit

Applications, it appears that there is no requirement in the Woburn Zoning Ordinances, or MGL c. 40A to sign off suitable for public hearing.

As of this time I am going to follow her recommendation and will not be signing off on these applications, however if there can be a suitable alternative as the solicitor also suggested I would be open to discussions with you and her to assist in helping applicants with a zoning district determination.

If you have any questions please do not hesitate to contact me.

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

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A communication dated June 30, 2014 was received from City Clerk William C. Campbell as follows:

Re: Building Commissioner review of special permits

In view of the communication from the Building Commissioner indicating that absent an ordinance he would no longer pre-view special permit applications, I have reviewed special permit files in an effort to determine when the practice originated. I randomly selected special permit files from the City Council records held in permanent storage. Although I can find no clear defining moment, the practice dates back almost 30 years and may have come on the heels of the adoption of the revised Woburn Zoning Ordinances in 1985.

There have been four different variations of building commissioner sign offs on the petitions during this period. You will note from the dates that different forms were used for alternating petitions, which indicates that not every petitioner may have been using the latest version of the special permit application.

There is a letter dated June 13, 1985 from the City Clerk to a petitioner questioning whether a special permit was properly before the City Council. The letter read in part: “If you had proceeded as per our instruction sheet, the Building Inspector’s Office should have so advised you.” Although no copy of the instruction sheet was in the file, the letter does indicate that at the time there was some type of review of petitions by the Building Department before filing with the City Council.

The following are a list of the various statements listed on petitions and some sample dates.

1. No statement requiring Building Department review listed on special permit petition: May 1, 1984; April 2, 1985; May 19, 1985; November 19, 1985

1. “Reviewed and approved as suitable for public hearing by Building Department”:  June 18, 1985; July 9, 1985; December 3, 1985; February 4, 1986; August 12, 1986;   May 5, 1987; April 5, 1988; August 16, 1988

1. “Has the Building Commissioner reviewed this? Yes or No”:

November 14, 1989; April 3, 1990; July 17, 1990; May 5, 1992; July 21, 1992;    October 18, 1994

1. “Reviewed and approved as suitable for public hearing by Building Commissioner”: September 21, 1993; December 3, 1993; June 6, 1994

If you require any additional information, I am available at your convenience.

s/William C. Campbell, City Clerk

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

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

A communication dated July 1, 2014 was received from Building Commissioner Thomas C. Quinn, Jr. as follows:

Re: Woburn Municipal Code Title 15 Article VIII 15-42

Dear Members of the City Council:

With regard to the above referenced section of the Woburn Municipal Code, I submit the following quarterly nuisance report for the period of April 1, 2014-June 30, 2014.

• 142 Main Street (matter has been continued by City Council).
• 34 Sylvanus Woods Lane (owner failed to show for court hearing matter is being handled by District Court).
• 20 Garfield Avenue there is an attempt to resolve issue with owners listed and will provide further updates.

As always if there are any questions or concerns do not hesitate to contact me.

s/Thomas C. Quinn, Jr., Building Commissioner, City of Woburn

Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

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

A communication dated June 10, 2014 was received from Courtney Murray, State Publications and Regulations Division with a copy of Chapter 123 of the Acts of 2014 entitled “An Act Relative to the Disability Retirement of Woburn Police Officer Robert DeNapoli” which was approved by the Massachusetts House of Representatives on May 29, 2014, was approved by the Massachusetts Senate on May 29, 2014 and approved by His Excellency the Governor on June 6, 2014, the Act being in effect upon its passage. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

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

A report dated May 2014 was received from United States Environmental Protection Agency entitled “Southwest Properties Assessment Wells G&H Woburn, MA”. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

_________________________

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

APPOINTMENTS AND ELECTIONS:  None.

________________________

MOTIONS, ORDERS AND RESOLUTIONS:

ORDERED     That the Committee on Special Permits meet with a representative of Main Street Woburn RX, LLC to review compliance with the provisions of the special permit allowing for a retail establishment greater than 15,000 square feet of gross floor area and for a drive-up customer service facility for the CVS store located at 891 Main Street.

s/Alderman Gately

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

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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 TUESDAY, the

NINTH DAY OF SEPTEMBER, 2014 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 and REPUBLICAN for the following offices:

SENATOR IN CONGRESS ……………………………………. FOR THIS COMMONWEALTH GOVERNOR ………………………………………………………… FOR THIS COMMONWEALTH LIEUTENANT GOVERNOR …………………………………. FOR THIS COMMONWEALTH ATTORNEY GENERAL ……………………………………….. FOR THIS COMMONWEALTH SECRETARY OF STATE ………………………………………. FOR THIS COMMONWEALTH TREASURER AND RECEIVER GENERAL ……………. FOR THIS COMMONWEALTH

AUDITOR ……………………………………………………………. FOR THIS COMMONWEALTH

REPRESENTATIVE IN CONGRESS ……………………… SEVENTH DISTRICT

COUNCILLOR ……………………………………………………… SIXTH DISTRICT

SENATOR IN GENERAL COURT …………………………. 4^TH 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)

DISTRICT ATTORNEY ………………………………. MIDDLESEX DISTRICT REGISTER OF PROBATE …………………………… MIDDLESEX COUNTY

Ward-Precinct     Polling Place Location

1-1                   Joyce Middle School Library, 55 Locust Street

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

Presented to the Mayor: July 17, 2014                   s/Scott D. Galvin July 17, 2014

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

ORDERED     That the following list of Wardens, Clerks, Inspectors and Substitutes be approved for all Elections between September 1, 2014 and August 31, 2015:

Ward Prcicnt                  Name                             Address                  Office

I hereby approve the above. s/Scott D. Galvin

s/Alderman DiTucci

Motion made and 2^nd that the ORDER be ADOPTED, 7 in favor, 0 opposed, 1 absent (Drapeau absent), 1 abstained (Haggerty abstained).

Presented to the Mayor: July 17, 2014                   s/Scott D. Galvin July 17, 2014

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ORDERED     Be it ordained by the City Council of the City of Woburn that the 1985 Woburn Zoning Ordinances, as amended, be further amended as follows:

1. By adding a new Note 26 to Section 5.1 Table of Use Regulations as follows:

26. If a company purchases and sorts scrap metal for sale, and before the company purchases the scrap it weighs and inspects the scrap metal, using a vibrating table to separate the metal from any dirt or ice, and then to separate various sizes and grades of metal, and a magnetic belt removes iron pieces or flakes, and after the scrap is purchased it is sorted and cut, stripped, baked or pressed into briquettes of a certain size, or any other method by which scrap metal or other scrap materials are processed the activity is not and shall not be deemed manufacturing.

1. By adding under the column “Notes; other sections” to Section 5.1 Table of Use Regulations lines 40aa, 40ab, 40ba and 40bb the following: “Note 26”.

Alderman Raymond requested that this proposal be given leave to withdraw without prejudice as the City Solicitor suggested to him that she was working on a draft of an amendment of the definition. Motion made and 2^nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, 8 in favor, 0 opposed, 1 absent (Drapeau absent).

_________________________

Motion made and 2^nd to ADJOURN, 8 in favor, 0 opposed, 1 absent (Drapeau absent). Meeting adjourned at 6:54 p.m.

A TRUE RECORD ATTEST:

William C. Campbell

City Clerk and Clerk of the City Council