City Council – 07/31/2007

DATE 07/31/2007
TIME 7:30 pm
ADA Yes
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

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

CITY OF WOBURN

JULY 31, 2007 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Ciriello                        Galvin

                                                Denaro                       Gately

                                                          Drapeau                      Gonsalves

                                                Dwyer                         Mercer-Bruen

Doherty

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

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MAYOR’S COMMUNICATIONS:  None.

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PUBLIC HEARINGS:  

 

On the petition by Boys & Girls Club of Woburn, Inc., Charles Gardner Lane, Woburn, Massachusetts 01801 for a special permit to continue the six day carnival of May 15 to

May 20, 2007 to September 12 to September 16, 2007 at 25 Middlesex Canal Park Drive. PUBLIC HEARING OPENED. A communication dated July 5, 2007 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re:  Boys & Girls Club of Woburn – 25 Middlesex Canal Park-Special Permit to conduct carnival

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on June 26, 2007, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request of the Boys & Girls Club of Woburn to conduct a carnival from September 12 to 16, 2007 at 25 Middlesex Canal Park subject to the condition that the applicant comply with Note 14 of the Notes to Section 5.1 of the 1985 Zoning Ordinance as amended.

 

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 James Haggerty, Carnival Chair and he stated that the carnival was rained out in May except one night, and that the carnival never opened for three of the nights and closed quickly after opening another night. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 90. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, all in favor 9-0.

 

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On the petition by Alderman James Dwyer and Alderman Scott Galvin concerning the building or buildings located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 10 Lowell Street, Woburn, Massachusetts for the purposes of determining whether said building or buildings 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 Galvin stated that he has received complaints over the years about this property. Alderman Dwyer stated that he spoke to the landowner, that the landowner is present at the meeting tonight, that the landowner is retired, that the landowner understands that there needs to be some rehabilitation work on the property, that the landowner is in consultation with the Building Department, that the landowner will begin to take remedial action, that the landowner will begin work on the front porch tomorrow, and that this can be sent to committee to allow sixty days for the work to commence. IN FAVOR: Thomas Quinn, Jr., Building Inspector for the city of Woburn stated that he spoke to the landowner, that he was assured that issues on the site will be addressed, that he will be meeting with the landowner in the next two days at the site, and that he suggests that the matter be referred to committee to provide the landowner with the opportunity to begin the work. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 25, 2007, all in favor, 9-0.

 

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On the petition by Rohm and Haas, 185 New Boston Street, Woburn, Massachusetts 01801 pursuant M.G.L. Ch. 148, Section 13 and Section 8-8 of the 1989 Woburn Municipal Code, as amended, to amend an Inflammable License to allow for the aboveground storage of 35,000 cu. ft. of hydrogen gas at 185 New Boston Street. PUBLIC HEARING OPENED. Appearing for the petitioner was Mike Pickering, Director of Research and Development for Rohm and Haas and he stated that the current inflammable license allow 10,000 cubic feet of hydrogen gas storage with the ability to increase the amount to 30,000 cubic feet after receiving approval of the fire department, that they have received the approval of the fire department in the past to increase the holdings, that they currently use 30,000 cubic feet for the production process on site, that increasing the holdings to 35,000 cubic feet will result in fewer deliveries to the site, that the gas is used within three to four days after delivery, that without the increase there will be a need for more intermittent fills, that they are also amending the inflammable license by removing gases and chemicals that were needed when the previous license was granted, that some of these other gases and chemicals have been removed from the site or are no longer used by the petitioner, that there is a railroad track about 300 feet from the building that is separated from the property by a brook, that he is not aware of any federal regulations relative to the storage of inflammable gases near a railroad track, that the storage area is located within a dock attached to the building, that a number of safety systems are in place in the event of a leak, that the material is always in a gas form, that there are some emissions of inert gases, that they have scrubbers to prevent the release of any harmful gas, that they follow all federal and state regulations, and that this is not a toxic gas. Paul Tortolano, Woburn Fire Chief stated that the company is aware of safety issues, that the petitioner will use the capacity that currently exists, that the inflammable gas is stored outside in an enclosed area above the parking lot with a roof, that there is a dry sprinkler system, that the gas will dissipate in the air if it leaks, that a couple of propane grill tanks are more dangerous than hydrogen storage, that the petitioner voluntarily stepped forward to update their holdings on the permit, and that the petitioner eliminated many more harmful holdings. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he is in favor of the petition, that the petitioner has been located at the premises for 23 years, that the petitioner received the current license in 1984, that the license allows the petitioner to store up to 30,000 cubic feet of hydrogen gas, that the petitioner has contracts for work with the United States government, that there are 54 employees at the site, that seventeen employees are from surrounding towns and two employees are from Woburn, that the petitioner pays $10,340.00 per year in real estate taxes and $29,650.00 per year for water and sewer charges, and that the petitioner supports community activities. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the INFLAMMABLE LICENSE be AMENDED TO ALLOW FOR THE ABOVEGROUND STORAGE OF 35,000 CUBIC FEET OF HYDROGEN GAS

AT 185 NEW BOSTON STREET with the condition that the Inflammable License is not transferable to another entity, all in favor, 9-0.

Presented to the Mayor: August 1, 2007   s/Thomas L. McLaughlin August 1, 2007

 

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On the petition by Sam Gandor, 290 Turnpike Road, Suite 354, Westborough, Massachusetts 01581 for a special permit pursuant to Section 7.1.3 of the 1985 Woburn Zoning Ordinances, as amended, for reconstruction or structural change to a pre-existing and non-conforming four family frame residential dwelling to allow the construction of a deck or porch structure at the rear elevation of principal dwelling at 11-13 Porter Street.

PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Malcolm Houck, 7 Winn Street, Woburn, Massachusetts 01801 and he stated that there was a deck set back from the easterly lot line, that a new deck was constructed as part of a general rehabilitation and residing of the property, that the petitioner purchased the property at foreclosure in March 2006, that the old deck was more elaborate, that the new deck was constructed in an existing concrete foundation, that there was no regulation of construction when the building was first built, that the State building code was established by the Massachusetts Legislature in November 1913 and accepted by the city of Woburn in 1917, that there was no provision for permitting until 1917, that the building was constructed before 1917, that the zoning code was adopted in January 1925, that any existing building was allowed to continue although it was nonconforming, that this is a pre-existing non-conforming structure, that since there are no original construction records on file with the Building Department this is the definition of a nonconforming structure, that only a portion of a deck in the rear of the dwelling house encroaches on the set back from the lot line, that this is not before the Board of Appeals because it is a four-family structure, that this is not substantially more detrimental than the current use, that case law states that nonconforming status runs with the property and is not personal to the owner, that since the use is attached to the land there is no abandonment, and that abandonment is a matter of intent or relates to a change in the use of a building. Alderman Denaro offered a memorandum dated July 18, 2007 with attachments from Building Commissioner Steven Paris to the City Council concerning the property for the City Council to review.  Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. IN FAVOR: None. OPPOSED: None. Motion made and 2nd close the public hearing, no vote was taken. Motion made and 2nd that the petition by denied, no vote taken and motion and 2nd later withdrawn. Alderman Gonsalves stated that rather than deny the special permit a motion could be made to grant the petition if the building was used for three units. Alderman Galvin stated that the petitioner established a minimum of a three family use at the building, that the better practice would be to approve the petition rather than have the issue end up in court, that there are many illegal multi-unit buildings in the south end of the city, and that it is clear that this is not illegal based on earlier communications from the former building commissioner. Alderman Gately stated that the City Council is still looking at the problems at the property that the Building Department has identified, that the Building Department said that the deck is larger, that the deck was made for a four family house, that there were many other problems with this building, that the property is assessed as a three family, that the water and sewer bill is for a three family, and that the petitioner has not resolved the issues with the building department. President Doherty stated that if the petition is denied the petitioner cannot do anything with the deck for two years. Alderman Gately stated that the deck would be constructed differently if this was a three family, and that the petitioner has not resolved issues with the Building Department during the past month. Alderman Denaro stated that the petitioner cannot do anything about the deck without this special permit. President Doherty stated that the petitioner should be permitted to withdraw the petition and to re-file the petition with the deck constructed as a three family building. Alderman Gately stated that he wants to see the property redesigned as a three family building and that the petitioner be given time to resolve issues with the Building Department. Motion made and 2nd that the public hearing be re-opened, all in favor, 9-0. Attorney Houck stated that he does not have authority to withdraw or amend this petition, and that his client was injured in an accident and he has not been in communication with his client due to the injuries. Motion made and 2nd that

the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 25, 2007 and that the MATTER be REFERRED TO COMMITTEE ON SPECIAL PERMITS for further review, all in favor, 9-0.

 

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On the petition by Manuel Jose and Maria Celeste Jose, 7 Dewey Avenue, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 7.3 of the 1985 Woburn

Zoning Ordinances, as amended to allow the alteration of a pre-existing nonconforming three-family residence to allow for a re-configuration of units basement and parking at 40-42 Porter Street. PUBLIC HEARING OPENED. A communication dated July 5, 2007 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re:  Manuel and Maria Celeste Jose – 40-42 Porter St. – To allow re-configuration of units, basement, and parking of pre-existing 3 family house under Section 7.3 of the Woburn Zoning Ordinance

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on June 26, 2007, the Board voted to forward a favorable recommendation to the City Council on the Special Permit request to allow for the re-configuration of the units, basement, and parking of the pre-existing 3 family house at 40-42 Porter Street under Section 7.3 of the Woburn Zoning Ordinance in accordance with the following conditions:

 

  1. That six parking spaces shall be provided those spaces being spaces 1-3 and 6-8 as shown on the plot plan;
  2. That the basement shall not be allowed for living purposes only storage, laundry and mechanical purposes;
  3. That the units shall be in compliance with fire safety recommendations of the Fire Department.

 

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 25, 2007 from Brett F. Gonsalves, Senior Engineer, Engineering Department to Edmund P. Tarallo, Planning Director was received as follows:

 

Subject: 40-42 Porter Street Reconfiguration of Units and Parking Special Permit

Special Permit Dated June 6, 2007

Plot Plan Dated May 10, 2007

Previous Special Permit Application Dated January 30, 2007

Previous Plot Plan Dated August 21, 2006

 

This office has reviewed the special permit application for the above referenced location and offers the following comments.

 

The special permit application outlines the reconfiguration of units and parking in the existing 3 family house.

 

The proposed basement plan shows two kitchen areas that have no appliances but base cabinets and counters to remain. This area could have the potential of being used as a living space regardless of the notations stating otherwise.

 

If it is the intent of the applicant not to utilize the kitchen areas for their designed use and the basement area not to be living space, the utilities in the basement kitchen areas should be cut and capped in accordance with the Woburn Plumbing Inspectors requirements.

 

The plot plan shows parking expansion at the rear of the building at the north westerly portion of the property. It appears that this additional pavement area is for the relocation of parking that is currently in the front of the building.

 

This office takes no exception to the plans submitted other than the above mentioned items.

 

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

 

Appearing for the petitioner was Attorney Mark Salvati, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 and he stated that the petitioners originally sought the special permit for dormers and alternate access, that he met with the Building Inspector and the Ward Alderman, that the petitioners desire to turn the building into less than a boarding house, that there will be two units on the first floor with two bedrooms each, that there will be a third unit with four bedrooms which will be a much larger unit for one family, that the petitioners reconfigured the interior walls to create three apartments, that there were a couple of kitchens in the basement, that the petitioners wish to keep a sink and bathroom in the basement, that the petitioner does the landscaping at the property and wants to continue to have access to the basement, and that there will be storage areas for the first floor units in the basement. IN FAVOR: None. OPPOSED: Barbara McElhiney, 12 Innitou Road stated that they purchased their property in 1993, that there were chickens on the petitioners’ property when she purchased her home, that loud music emanates from the property, that the property is not policed very well, that by opening more of the space in the building there is room for more residents, that there is a potential for 18 to 20 people to live in the building, that the property will not be owner occupied, and that the property is not in character with the neighborhood. President Doherty stepped down from the chair and Alderman Galvin assumed the chair. President Doherty stated that the house was originally run as a five family building, that many of the units has four bedrooms with a kitchen, that some interior walls are to be removed to create functional living rooms, that there may have been seven units in the building with the two kitchens in the basement, that the parking was horrible, that the city has worked with the petitioner to make positive changes, that there should be no utilities or kitchens in the basement, that the space in the basement should have no kitchens or accessory bathrooms, that the basement should be used only for storage, that the use of the building has affected the quality of life in the neighborhood, that something should be done to alleviate the off-street parking issue, and that there is no division in the parking areas. Attorney Salvati stated that the petitioners can look into fences or plantings to create buffers in the driveway. President Doherty stated that the petitioners must work on an overall parking plan. Attorney Salvati stated that the parking area will be repaved to accommodate the parking, that if there is a requirement to remove kitchens then this will be done, and that the petitioner would like a slop sink in the basement and will remove anything else. President Doherty stated that there is a layout for a living unit in the basement, that a vanity bathroom in the basement is acceptable, and that there is a layout for two kitchens in the basement. Attorney Salvati stated that there plan indicates that the kitchen layouts in the basement will be removed. Ms. McElhiney stated that there is a fence and plantings bordering her property although it is mostly wild growth, that she is concerned about additional parking at the rear of the petitioners’ lot as it will cause drainage problems at her property and into her basement due to the ledge in the area, that parking in that area of the lot should be pitched properly for drainage although additional plantings would create more of a buffer, and that the chickens that were originally on site damaged plantings in the area. Alderman Denaro stated that he has constituents who have asked that he oppose the petition, and that much has been done by the petitioner to address the issues but without the concurrence to the plan by his constituents he cannot support this petition. President Doherty stated that reviewing this in committee will allow the neighbors to review the final plan, that the special permit allows the city to improve the conditions of the lot, and that this allows future oversight and inspection of the property with the special permit in place. Attorney Salvati stated that the petitioner is not adding more living area in the property and that the petition will reduce the number of residents on the property. Alderman Drapeau stated that he would like police reports relative to the site, that it is up to the owners of property when made aware of complaints to address this, and that these issues should have been addressed before seeking a special permit. Attorney Salvati stated that he can obtain copies of the police reports. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON AUGUST 21, 2007 AND THAT THE

MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in

favor 9-0. Alderman Galvin stepped down from the chair and President Doherty assumed the chair.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS: None.

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NEW PETITIONS:

 

Petition by Raymond Airhart dba Oriental Medical Therapy Assoc., 73 Green Street,

Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.33b of the 1985 Woburn Zoning Ordinances, as amended, to allow massage/muscular therapy as an adjunct to medical services at 350 Washington Street, 208 West Cummings Park, First Floor. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by 112 Commerce Way LLC, c/o National Development, 2310 Washington

Street, Newton Lower Falls, Massachusetts 02462 for special permits pursuant to Section 5.1.22, 5.1.23 and 5.1.29 of the 1985 Woburn Zoning Ordinances, as amended, to allow for: 1. a retail shopping center in excess of 15,000 square feet (47,010 square feet); and 2. a fast food restaurant at 112 Commerce Way. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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Petition by Woburn Armory LLC, 286 Main Street aka 300 Main Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.69 and Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for change, extension and alteration of the Woburn Armory building to allow twenty-five (25) residential dwelling units at 286 Main Street aka 320 Main Street. Alderman Denaro stated that he is concerned with this proposal, that the petition should be withdrawn, that the petitioner knew that the city was interested in the property, that he knew what the zoning was when he purchased the property, and that he will not vote to change the allowed use. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-

0.

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COMMUNICATIONS AND REPORTS:

 

A report dated July 20, 2007 was received from John E. Corey, Jr., PE, City Engineer relative to South End Water Main Cleaning and Relining – Project Progress Report.

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

 

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A communication was received from Patricia Cronin, Superintendent-Director, Northeast

Metropolitan Regional Vocational School, 100 Hemlock Road, Wakefield, Massachusetts

01880 seeking members for a school building committee. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A copy of a communication dated July 12, 2007 to Carl Batchelder, Superintendent of Public Schools from Katherine P. Craven, Executive Director, Massachusetts School Building Authority, 3 Center Plaza, Suite 430, Boston, Massachusetts 02108 was received relative to the statement of interest prioritization. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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UNFINISHED BUSINESS OF PRECEDING MEETING: 

 

On the Order to transfer the sum of $269,999.00 from I&I Reserve Sewer Enterprise

Fund to various Department of Public Works Accounts. Motion made and 2nd to TAKE FROM TABLE, all in favor, 9-0. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

 

Ordered           That the following list of Wardens, Clerks and Inspectors be approved for all Elections between September 1, 2007 and August 31, 2008:

 

Ward/Precinct Name Office Address 1-1 Barbara Fagan Warden 33 Dix Rd. Ext.

1-1               Gail Burke                         Clerk          6 Janis Terrace

1-1               Carol Lynch                       Inspector   125 Russell St

1-1               Helen Buss                        Inspector    15 Plympton St

1-1                John Cain                          Inspector    72 Bedford Rd

1-1    Peter Aspesi     Inspector          31 Hudson Street 1-1    Roberta Bengtson       Inspector          6 Samoset Rd

1-1                Sharon Flynn                     Inspector   6 Thornton Street

1-1               Loretta Schuck                   Inspector   44 Leonard Street

1-1               Paul Walsh                        Inspector    11 Hillside Avenue

1-2                Keith Sullivan                     Warden      4 Marlboro Road

1-2                Margaret Wallace              Clerk          4 Lakeview Terrace

1-2               Betty Parechanian              Inspector    7 Hope Lane

1-2               Janet Paleologos               Inspector   19 Rumford Pk Ave

1-2    Joanne Byrne    Inspector          10 Kennedy Road 1-2    Carol Beckwith        Inspector          27 Buttaro Road

1-2               Sophie Davidson                Inspector    37 Arlington Road

1-2                Colleen Ward                    Inspector   442 Russell Street

1-2                Rodney Flynn                    Inspector   6 Thornton Street

1-2                Eleanor Cunniff                  Inspector   93 Waltham Street

2-1                Sandra Luther                    Warden      19 Cummings Ave

2-1               Catherine DiPanfilo            Clerk          20 Innitou Road

2-1               Dorothy O’Halloran             Inspector   4 Colonial Road

2-1 Helen King Inspector 4 Bedford Road 2-1 John Lindsey Inspector 59 Spring Ct. Ext.

2-1               Roy Luther                         Inspector   19 Cummings Ave

2-1               Arthur J. Cumming, Jr.       Inspector   27 Anna Road

2-1               Phyllis McInnis                   Inspector   66 Kilby Street

2-1                Theresa Smith                   Inspector    25-0 Arlington Rd 4

2-1                Connie Pandolph               Inspector   9 Park Drive

2-2 Patricia McCuish Warden 14 Scott Street 2-2 Donald McCuish Clerk 14 Scott Street

2-2               Elizabeth Ober                   Inspector   39 Forest Park Rd.

2-2               Florence Cameron             Inspector   23 Green Street

 

                                  2-2                Janice Pandolph                                 37 Elijah Street

2-2               Jean Mernin                                        2 Walnut Court

2-2                Judith Nagle                                       8 Thomas Street

2-2                Natalie O’Connor                                13 Cummings Ave

2-2                                                                   27 Arlington Road, Bld1, Unit

Barbara Sullivan                Inspector    1

2-2                Paul Cunniff                       Inspector   93 Waltham Street

3-1               Patricia Scalley                  Warden      13 Scott Street

3-1                Helen Simonds                  Clerk          45 Eaton Avenue

3-1               Elizabeth A. Simonds         Inspector   3 Court Street

3-1               Gertrude Reil                     Inspector    11 Veteran Road

3-1    Janet Barbas    Inspector          45 Union Street 3-1          Marie Price       Inspector          9 Hinston Road

3-1                Mary McElhiney                 Inspector   13 Ash Street

3-1               Stella Di Girolamo              Inspector    9 Lee Road

3-1               Richard Tobin                    Inspector   44 Green Street

3-1                Janet Irwin                         Inspector   37 Waltham Street

3-2               Thelma Anthony                 Warden      41 Brentwood Road

3-2               Sheila Tracey McElhiney    Clerk          7 Sonrel Street

3-2                Dianne DiRienzo                Inspector    24 Carson Road

3-2               Barbara Picazio                 Inspector   3 Meadow Lane

3-2                Hilda Abreu                       Inspector   81 Garfield Avenue

3-2               Jean Rooney                     Inspector    59 Campbell St #506

3-2    Joyce Wentworth          Inspector          17 Highet Ave 3-2          John Matheson Inspector          66 Central Street

3-2                Doris Stanton                    Inspector   18 Nichols Street Ext.

3-2                Paul Johnson                    Inspector   7 Dearborn Terrace

4-1                Jean MacDonald                Warden      123 Washington St

4-1                Madeline Heslin                 Clerk          36 Clinton Street

4-1                Adeline Matheson              Inspector   66 Central St

4-1                Albert Galante                   Inspector   4 Oneil Rd

4-1               Daniel Brady                      Inspector   3 Munroe Street

4-1               Florence McManus             Inspector   5 Buck Street

4-1               Margie Richardson             Inspector   4 Gatta Circle

4-1               Marjorie Stevenson            Inspector   61 Pearl Street

4-1               Mary McElhiney                 Inspector   10 Pilgrim Road

4-1               Mary McLaughlin               Inspector    6 Carroll Road

4-2                Margaret Donahue             Warden      176 Bedford Road

4-2               Anne McGarry                   Clerk          3 Innitou Road

4-2               Beatrice Armato                 Inspector    6 Forest Glen Road

4-2               Geraldine Moscaritolo        Inspector    200 Bedford Rd #20E

4-2                Jeanne Lingblom               Inspector   18 Day Circle

4-2               Joan MacIsaac                  Inspector   18R Newbury Street

4-2               Stella Kiklis                        Inspector   1 Cliffside Terr

4-2                Kasey Ward                       Inspector   120 Russell Street

4-2               Betsy McGrath                   Inspector   5 Ingalls Street

4-2                Janice R. Sylvia                 Inspector   2 Bay Street

5-1               Joyce Marshall                   Warden      5 Elijah Street

5-1               Linda Olsson                     Clerk          60 Water Street

5-1                Beverly McCue                  Inspector   51R Central Street

5-1               Claire Regan                     Inspector   8 Howard Court

5-1                Harold Parechanian                             7 Hope Lane

5-1                Karen Olson                                       11 Floyd Street

5-1    Marie Giangrande         6 Flint Circle 5-1            Mary Sandvick        2 Park Drive Ext.

5-1               Maureen Vallis                   Inspector   4 Clifford Terrace

5-1               Rosemarie Delaney            Inspector    5 Larch Road

5-2               Helen Hatch                       Warden      14 Marlboro Road

5-2               Theresa Nardone               Clerk   3R James Terr – PO Box 180

5-2                William Coady                   Inspector    35 Glenwood Avenue

5-2                Irene DeCata                     Inspector   57 Wood Street

5-2               Marguerite Rebal               Inspector   111Spring Ct Ext

5-2               May Famiglietti                  Inspector    22 Buttaro Road

5-2               Shirley Butler                     Inspector   28 Felton St

5-2               Sophie Morrison                 Inspector    17 Dewey Avenue

5-2               Myles Collins                     Inspector    19 Squanto Road

5-2               Janet Galante                    Inspector    3A Kearsarge Avenue

6-1               Nancy Darby                      Warden      20 Ward Street

6-1               John Decata                      Clerk          57 Wood Street

6-1                Albina Cain                        Inspector    72 Bedford Road

6-1               Barbara Ridley                   Inspector    129 Place Lane

6-1               James O’Donnell                Inspector   442 Russell Street

6-1               Joan Mann                        Inspector   15 Floyd Street

6-1               Josephine Wallace             Inspector   55 Vernon Street

6-1               Loretta Cianchi                  Inspector    32 Dix Road

6-1               Ralph Garvey                    Inspector   10 Mt. Pleasant Street

6-1               Jane Linn                          Inspector   204 School Street

6-2                Dianne Autenzio                Warden      23 Milan Avenue

6-2               Francis Hancock                Clerk          13 Pearl Street

6-2                Antoinette Allen                 Inspector      273 Cambridge Rd Apt 208

6-2                Carolyn Grammer              Inspector    27-0 Arlington Rd, #1

6-2    Elizabeth Hancock        Inspector          13 Pearl Street 6-2          Marjorie Amato Inspector          24 Mountain St

6-2                Mary O’Doherty                 Inspector    134 Bedford Road

6-2 Rita Stone Inspector 63 Merrimac St 6-2 Dr. Michelina F.

DeAngelis                          Inspector   255 Lexington Street

6-2               Eleanor J. Collins               Inspector    19 Squanto Road

7-1               Michael Parise                   Warden      244 Russell Street

7-1               Alfred Magro                      Clerk          9 Rich Road

7-1                Camille Maccini                 Inspector    3 Pheasant Lane

7-1               Dorothy Curran                  Inspector   1 Dix Road

7-1               Ellen Magro                       Inspector    9 Rich Road

7-1                Florence Tully                    Inspector    5 Hiawatha Road

7-1               Julie Murphy                      Inspector   17 Churchill Road

7-1               Nancy Nardone                  Inspector    12 Roman Road

7-1                Thomas O’Rourke              Inspector    15 Highet Road

7-1                Barbara Callahan               Inspector    32 Van Norden Road

7-2               Gloria Hildebrandt              Warden      17 Grace Road

7-2               M. Joyce O’Donnell            Clerk          442 Russell Street

7-2               Helen Foti                          Inspector   10 Morningside Drive

7-2               Jean Lally                          Inspector   29 Hart Street

7-2                Laura Morrow                                     15 South Bedford Street

7-2               Phyllis Flight                                       99 Middle Street

7-2               Rita Allitto                                           11 Morningside Drive

7-2               Veronica Croke-Golden                       12 Warren Avenue

7-2    Sharon Lee       Inspector          14 Henderson Road 7-2          Nancy Mathews            Inspector          11 Albert Street

 

 

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

 

s/President Doherty

 

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

Presented to the Mayor: August 1, 2007   s/Thomas L. McLaughlin August 1, 2007

 

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ORDERED     Be it Ordained by the City Council of the City of Woburn that the 1989 Woburn Municipal Code, as amended, be further amended by striking Title 3, Article VI, Section 3-26 in its entirety and replacing same with the following:

 

VI. Water and Sewer Enterprise Fund

 

City Council…………………………………………………2% Mayor……………………………………………………….4.5% City Auditor…………………………………………………7% Purchasing Agent………………………………………….7% Assessors……………………………………………………..1% City Treasurer/Collector ………………………….12.50% City Solicitor………………………………………………..5% Data Processing…………………………………………….5% City Clerk…………………………………………………….1% Human Resources ………………………………………4.5% Conservation……………………………………………..4.5% Planning ………………………………………………………5% Police…………………………………………………………..0% Fire……………………………………………………………..0% Inspection Services ……………………………………….0% City Engineer……………………………………………..40% DPW Administration Salary…………………………35% DPW Building Salary ……………………………………8% DPW Highway Salary………………………………….18% DPW Overtime……………………………………………20% DPW Admin Maintenance……………………………20% DPW City Hall Maintenance………………………….0% DPW Vehicle Insurance……………………………….25% DPW Surface Drainage………………………………….0%

 

DPW Street Maintenance……………………………..10% DPW Snow Removal…………………………………….5% DPW Traffic Control …………………………………….0% DPW Street Lighting……………………………………..0% DPW Repair and Resurface………………………….10% DPW Sidewalk Repair…………………………………20% DPW City Garage……………………………………….20% DPW Telephone……………………………………………0% DPW Gas and Oil………………………………………..20% DPW Trucks and Equipment ………………………..25% DPW Public Buildings Maintenance……………..10%

DPW Outlays……………………………………………..20% Board of Health…………………………………………….5% Retirement…………………………………………………1.5% Non-Contributory Retirement………………………1.5% Workers Compensation……………………………….1.5% Unemployment Compensation……………………..1.5% Health Insurance ………………………………………..1.5% Medicare …………………………………………………..1.5%

s/Alderman Gately

 

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

 

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ORDERED     Be It Ordained by the City Council of the City of Woburn that Title 3 of the 1989 Woburn Municipal Code, as amended, be further amended, as follows:

 

  1. By striking the title of Section 3-3 “Council to receive copy of annual budget” and inserting in its place the title “Budget”.

 

  1. By changing the numbering of Section 3-3C relative to a public hearing on the annual budget to Section 3-3D.

 

  1. By striking the numbering of Section 3-26 “Water and Sewer Enterprise Fund” and inserting in its place the numbering Section 33E.

 

  1. By adding a new Section 3-3F entitled “Appropriations, Transfers or Loans” as follows:

 

“F. Appropriations, Transfers or Loans – Any original appropriation or appropriation by transfer or loan in a sum in excess of Ten Thousand Dollars ($10,000.00) filed with the city council for approval shall have attached thereto a written report prepared by the department head setting forth a reasonable cost estimate of the project, materials, supplies and/or labor for which the appropriation shall be used and any supplemental documentation that will support the estimate.”

 

s/Alderman Gately

 

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

 

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ORDERED     That Rule 25 of the Rules and Orders of the City Council be and hereby is further amended by striking the current rule and inserting in its place the following:

 

Rule 25. Appropriations Referred to Committee on Finance

 

When application shall be made for an appropriation or an appropriation to be provided for by transfer or loan, such appropriation shall not be made until the matter has been referred to and reported upon by the Committee on Finance. Any appropriation, transfer or loan in a sum in excess of Ten Thousand Dollars ($10,000.00) filed with the city council for approval shall not be placed on the agenda of the Committee on Finance until a written report prepared by the department head setting forth a reasonable cost estimate of the project, materials, supplies and/or labor for which the transfer shall be used and any supplemental documentation that will support the estimate is filed with the Committee on Finance.

 

s/Alderman Gately

 

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

 

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RESOLVED That the Traffic Commission institute traffic calming measures for

Washington Street from the intersection of Salem Street and Washington Street to the intersection of Montvale Avenue and Washington Street due to excess speed of motor vehicles on the roadway and several motor vehicles accidents that occurred in this area during the last month.

 

s/Alderman Mercer-Bruen

 

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

Presented to the Mayor: August 1, 2007      s/Thomas L. McLaughlin August 1, 2007 *************************

ORDERED      Be it ordained by the City Council of the City of Woburn that Title 13 of the 1989 Woburn Municipal Code, as amended, be further amended as follows:

 

  1. That Article III, Section 13.3.9.A.1 be amended by striking the numbers “$137.00” and inserting in its place the numbers “$161.00”;
  2. That Article II, Section 13.2.35.A.1 be amended by striking the words “eighty dollars” and inserting in its place the words “ninety-six dollars”;
  3. That Article II, Section 13.2.5.B.1 be amended by striking the words “three dollars and twenty-five cents” and inserting in its place the words “three dollars and eighty-three cents”; and
  4. That Article II, Section 13.2.35.B.8 be amended by striking the words “eighty dollars” and inserting in its place the words “ninety-six dollars”.

 

s/President Doherty (per request)

 

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

_________________________

 

Motion made and 2nd to Suspend the Rules for the purposes of adding the following to the Order of the Day as late filed matters, all in favor, 9-0.

_________________________

 

A communication dated July 20, 2007 was received from John E. Corey, Jr., PE, City Engineer as follows:

 

 

Subject: Title 20 – Weights and Measures

 

The City Council adopted the above ordinance on November 11, 2006. The engineering department researched the fee schedules from other municipalities at that time in an attempt to identify revenues that would make the sealer of weights and measures operation self sufficient. A copy of the fee schedules obtained from other municipalities has been enclosed.

 

Recently, we have received telephone calls from two of the large food retailers and the Woburn Business Association complaining that the fees for scales and balances are too high. We are available at the Councils pleasure to discuss the matter in greater detail.

 

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

 

President Doherty stated that the fees for the sealer of weights and measures were recently amended, that the rates were based on those charged in Springfield, that the changes seem to be too aggressive, that this is an effort to bring the fees in line with area communities, and that this should be sent to committee to work out a form of ordinance to amend these fees. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, all in favor, 9-0.

_________________________

 

ORDERED     That due to the Municipal Preliminary Election on September 18, 2007, the Regular Meeting of the City Council meeting scheduled for September 18, 2007 is hereby postponed to September 25, 2007.

 

s/President Doherty

 

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

_________________________

 

ORDERED     That the Committee on Municipal Lands investigate and determine the appropriate action to be taken in order to dispose of the excess real property located at the rear of the Reeves School site including the possibility of subdividing the land for buildable housing parcels.

 

s/President Doherty and Alderman Drapeau

 

Alderman Denaro stated that he would like to develop a master plan as to what will be done with other property that the city owns. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON MUNICIPAL LANDS, all in favor, 9-0.

_________________________

 

Schedule of Committee Reports Filed with the Office of the City Clerk on March 20, 2007 pursuant to Rule 19 of the Rules and Orders of the City Council:

_________________________

 

PERSONNEL:

 

On the appointment of John Paladino to the Historic District Commission, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be adopted, all in favor, 9-0.

Presented to the Mayor: August 1, 2007   s/Thomas L. McLaughlin August 1, 2007

************************* FINANCE:

 

On the Order to appropriate the sum of $10,000.00 from Cemetery Interest Fund to Burial Sections Account, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be adopted, all in favor, 9-0.

Presented to the Mayor: August 1, 2007      s/Thomas L. McLaughlin August 1, 2007 *************************

On the communication from Mayor Thomas L. McLaughlin relative to the dissolution of the Industrial Development Financing Authority, committee report was received “back for action”. Alderman Mercer-Bruen stated that previous information was received that thee were no outstanding funds, that there has been new information received that there is $4,000.00 owed to the city, that there was inactivity and the State took possession of the funds, that the city is endeavoring to get the funds back from the State, and that the matter should be kept in committee for further action. Motion made and 2nd that the

MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0

 

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ORDERED     That pursuant to 1989 Woburn Municipal Code, as amended, Title 3, Article I, Section 3-6 the Chief of the Fire Department is hereby authorized to dispose of a 1988 Sutphen Fire Truck which the Fire Chief has determined is of no longer suitable for use and is not of any value to the department.

 

s/President Doherty

 

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

Presented to the Mayor: August 1, 2007   s/Thomas L. McLaughlin August 1, 2007

 

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Motion made and 2nd to return to the regular order of business.

 

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:47 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

 

 

 

 

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