City Council – 06/03/2008

DATE 06/03/2008
TIME 7:30 pm
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

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

   

CITY OF WOBURN

JUNE 3, 2008 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Denaro                       Gately

                                                Drapeau                      Gonsalves

Dwyer              Mercer-Bruen  Doherty

                                                Galvin                         Raymond

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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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Motion made and 2nd to suspend the rules for the purposes of taking the following two matters out of order, all in favor, 9-0.

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UNFINISHED BUSINESS OF PRECEDING MEETING: 

 

On May 21, 2008 at 3:41 p.m., Alderman Paul Denaro filed a notice of intent to move for reconsideration of a vote cast on May 20, 2008 in favor of an Order to appropriate the sum of $806,272.00 from Unreserved Fund Balance Account to Salary Increases Various Departments FY2008, As Amended. Motion made and 2nd that reconsideration be allowed, all in favor, 9-0. Alderman Denaro stated that more bargaining units have settled since the last meeting and four non-union department heads cannot be retroactively compensated as union employees can. Motion made and 2nd that the ORDER be ADOPTED, AS AMENDED with the amendment as follows: That the sum of $448,360.45 be approved, all in favor, 9-0.

Presented to the Mayor: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

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On the petition by College Street Partners LLC, 900 Cummings Park Center, Suite 301U,

Beverly, Massachusetts 01915 for a special permit pursuant to Sections 5.1.57b, 5.1.71, 7.3, 8.2.5 and 9 to allow for a 300 vehicle parking lot; a reduction in parking for the office, warehouse and distribution use; the parking of commercial motor vehicles and shuttle buses; and for the continuation of the existing warehouse and distribution use all within a flood plain district at 23 Mack Road a/k/a 23 Rainin Road, Mack Road and Mack Road Rear. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Frank DiLuna, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petitioner requests leave to withdraw without prejudice and that he is not certain whether this will be back before the City Council. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the MATTER be GIVEN

LEAVE TO WITHDRAW WITHOUT PREJUDICE, all in favor 9-0. NOTE: Alderman

Mercer-Bruen filed on June 4, 2008 at 4:22 p.m. a notice of intent to move for reconsideration of her vote to allow leave to withdraw without prejudice at the next regular meeting of the City Council.

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

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MAYOR’S COMMUNICATIONS: 

 

ORDERED     That the sum of $386,800.00 be and is hereby transferred as so stated from Unreserved Fund Balance Acct #01-359000 $386,800.00 to School

Department Special Education Section 15 $386,800.00, Total $386,800.00

 

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

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

 

s/President Doherty (per request)

 

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

 

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ORDERED   That the sum of $50,000.00 be transferred from Scholl Department Energy

Receipts Reserved for Appropriation Account to FY2008 School Department Budget Energy Account 0229604-521200

 

I hereby approve the above. s/Carl R. Batchelder, Ed.D., Superintendent

I hereby recommend the above. s/Thomas L. McLaughlin, Mayor                         I have reviewed the above. s/Gerald W. Surette, City Auditor

 

s/President Doherty (per request)

 

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

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PUBLIC HEARINGS:  

 

On the petition by William Highgas, III, Arpie E. Highgas, individually and as trustees of B.A.R. Realty Trust, landowners, to amend the 1985 Woburn Zoning Ordinances by adding the following: 1. Section 5.1 Table of Use Regulations line 42a self-storage warehouse facility – no storage of high hazard materials, trailers, motor vehicles or any outside storage shall be amended by deleting the “-“ under the B-I column and replacing with “P”; 2. Section 6.1 Table of Dimensional Regulations shall be amended by adding to the Floor Area Ratio column for the B-I Zoning District of the following: “(Note 5)”; 3. Section 6.1, Table of Dimension Regulations shall be amended by adding “Note 5” which shall state as follows: “The Floor Area Ratio for a self-storage warehouse facility as defined in this Ordinance shall be 2.0.” PUBLIC HEARING OPENED. A report was received from the Committee on Ordinances as follows: “back for action.” Appearing for the petitioner was Attorney Frank DiLuna, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the proposed use will require a special permit to be granted and the Planning Board gave a favorable recommendation for the ordinance. Alderman Mercer-Bruen stated that he concern has been the neighbors, that if the neighbors are happy then she is happy, that she will support the ordinance, and that three or four of the properties on Washington Street where the petitioners contemplate developing this use are not owner occupied and that despite invitations to participate in the process these tenants did not. Alderman Dwyer stated that he supports the proposal with the concurrence of the neighbors. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that this is a good move forward to find the middle ground. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor 9-0. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

 

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On the petition by Pecks, Inc., 238 Bedford Street, #3, Lexington, Massachusetts 02420 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to utilize a pre-existing non-conforming structure for a different use although the proposed use (retail – pre-packaged foods) is an allowed use without a special permit at 891 Main Street. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney John D. McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 and he stated that the property is located in a commercial area, that the property is in the B-H zoning district, that the locus was a gasoline and automobile service station for many years, that the petitioner will lease the property, that this is a retail operation, that the petitioner sells pre-packaged dinners, that there will be no additions to the building, that there will be landscaping, that a parking plan has been submitted, that the petitioner previously filed a special permit after the Building Commissioner opined that the use was a fast food use, that the Planning Board reviewed the matter and made a determination that it was not a fast food use operation and that no special permit was needed, that the Planning Board communicated this opinion to the Building Commissioner, that the Building Commissioner then agreed that no special permit was required for the proposed use, that the special permit petition was withdrawn, that the petitioner submitted interior renovation plans to the building department, that the Building Commissioner then opined that this was a change to a nonconforming structure, that the Building Commissioner stated that when a change in use inside a structure when the structure is nonconforming then a special permit is needed, that the Planning Board has not reviewed this particular special permit petition but had reviewed the prior petition regarding the concept, that the plan of record with this petition is the plan of record that was reviewed by the Planning Board during review of the prior petition, that the Planning Board has not had issues with the merit of the petitioner’s business, that the Planning

Board did not see any issue with the plan during review of the previous petition, that the Planning Board can retain jurisdiction over landscaping and can be approved based on the plan, that if the Planning Board does not comment within thirty days then the City Council can act, that the City Council cannot file a written decision for thirty days from submission of the matter to the Planning Board for review, that the City Council decision cannot be filed at the earliest until June 5, 2008 and thirty days since the submission of the petition to the Planning Board expires on June 4, 2008, that he asks that the petition be approved, that there is a separate curb cut on the southerly end of the lot and a separate curb cut on the northerly end of the parcel with an in and out access at both entrances, that there is an existing curb cut, that the property is on one grade, that the building is 2,400 square feet in area, that he is not certain whether the building meets the threshold to require a fire suppression system, that the parking requirement for a fast food use is 29 parking spaces, and that for a retail use the parking requirement is 12 parking spaces. Joe Crugnale stated that he is the principal of Peck’s, Inc., that the locus has low lights, that the property is handicapped accessible, that the property does not have a fire suppression sprinkler system, that the dumpster in the back of the building will be screened, and that snow will be plowed to the side of the building. Alderman Galvin stated that he supports the petition. Alderman Raymond stated that he supports the petition, and that there has been no opposition from neighbors concerning this property. Alderman Raymond stated that he understood Planning Board advice on the matter was required. President Doherty stated that the City Council usually waits for a Planning Board report but that the Planning Board is only a recommending body. Alderman Galvin stated that thirty day period in which the Planning is to provide a report expires tomorrow. Alderman MercerBruen stated that she would like to see a restriction on transferability. Alderman Galvin stated that this is not a fast food use where transferability would be a concern. Alderman Gonsalves wants a condition relative to the Planning Board retaining jurisdiction over the landscaping. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the condition as follows: 1. That the Planning Board shall retain jurisdiction over the landscaping, 2. That a snow removal plan shall be filed with the City Clerk, 3. That the dumpster shall be located at the rear of the building and screened, 4. That handicapped parking spaces on the locus shall conforming to the requirements in the 1985 Woburn Zoning Ordinances, as amended, shall be located near the entrance to the building and shall be marked as handicapped accessible parking spaces, and 5. That the plan entitled “Plot Plan, 891 Main Street, Woburn, Mass.” dated June 22, 2007 prepared by Edward J. Farrell, Professional Land Surveyor and the plan entitled “891-893 Main St., Woburn, Massachusetts, Special Permit Application Parking Plan” Sheet C-1 prepared by Borselli Engineering and Development, Inc. shall be the plans of record, all in favor, 9-0.

 

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On the petition by Kenneth Harrington, 8 Mill Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.44 of the 1985 Woburn Zoning Ordinances, as amended, to allow for an automobile and truck repair garage at Unit 12, 10 Draper Street.    PUBLIC HEARING OPENED. A report was received from the Committee on Special Permit as follows: “ought to pass, as amended, with two conditions as follows: 1. That no other car repair facility shall be allowed on the premises, and 2. That the special permit shall be granted to the petitioner only and any subsequent purchaser of the petitioner’s unit would need to obtain approval from the City Council to operate an auto repair business.” Appearing for the petitioner was Attorney Frank DiLuna, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the unit is located in the front of the building at the far left corner, that the petitioner has operated his business in Winchester for twenty-six years, that the petitioner has been a resident of the city for twenty-four years, that the petitioner wants to move his business to Woburn, that the petitioner works on four to six cars per year, that the petitioner and his brother are the only employees, that both he and his brother are the mechanics, that the hours of operation are 7:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to 1:00 p.m. Saturday, and that these hours are less than those generally permitted for this building under the main special permit. Alderman Dwyer stated that this petitioner’s shop is very clean and that he will support the petition at this meeting. IN FAVOR: David Kimmelman, 6 Arnold Street stated that he suggests that a stop sign be erected at the corner of Draper Street and Nashua Street, that there needs to be better accountability for special circumstances, and that there is a lack of accountability to follow through on building permit requirements. George Berardi, 15 Playstead Avenue stated that he has been a customer of the petitioner for over twenty years, and that the petitioner runs a clean shop. Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that the unit will be owner occupied, and that this will be a

good location for the business. OPPOSED: Kathy Bailey, 4 Utica Street stated that she was in favor of a prior special permit for a similar use at the locus two years ago, that the previous petition was denied, that the Planning Board gave an unfavorable

recommendation for the petition stating that the use was not compatible with the site, and that the City Council should deny the special permit. Ms. Bailey offered a copy of a Daily Times Chronicle news article dated June 9, 2006 relative to a prior special permit for an auto repair business proposed for the site for the City Council to review. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Alderman Mercer-Bruen stated that two years ago the City Council stood up to the developer with regard to a similar special permit for the site so that the parcel was being used as originally contemplated, that the residents of the area at the time were against that special permit, that the neighbors are not opposed to this petition, that the neighbors have to pick their battles, and that there will be many more proposals in that area that could be worse. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, AS AMENDED

with Condition Number 2 be amended to read as follows: “2. That the special permit shall be granted to the petitioner only and any subsequent sale or lease of the petitioner’s unit would need to obtain approval from the City Council to operate an auto repair business”, all in favor, 9-0.

 

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On the petition by Lytron, Incorporated, 55 Dragon Court, Woburn, Massachusetts 01801 to amend the Zoning Map of the City of Woburn by amending the zoning district for a parcel of property identified on the Assessor’s Map as 16-2-4 and 16-2-2 and located at 41 Dragon Court and a portion of 55-73 Dragon Court from the R-2 zoning district to the

I-P zoning district. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney John D. McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 and he stated that the petitioner is a light manufacturing company, that the petitioner has been located on Dragon Court since 1968, that the petitioner is a

good corporate citizen, that the business has grown over the year, that the locus is located at the end of Dragon Court, that the address of the locus appears on city records as 55 Dragon Court and 73 Dragon Court, that just south of the locus is a two-family dwelling building, that the dwelling is located in the R-2 zoning district, that the petitioner purchased the dwelling in 2006 with the intention of increasing their parking area, that the petitioner proposes to raze the dwelling and use the lot for parking to serve their business, that the property is one-half acre in area, that this dwelling is assessed as a twofamily unit, that the dwelling had been rented to residential tenants in the past, that the locus has the Lytron facility located on one side, Interstate Route 93 to the rear of the locus, a church to the south of the locus and commercial uses across the street, that the locus is surrounded entirely by commercial, industrial and highway uses, that the use is a fish out of water, that the R-2 zoning district is not the proper use of the locus, that the petitioner wants to raze the building, expand the zoning district line for that parcel and establish parking for their uses, that the petitioner will be able to accommodate parking for their employees, that the petitioner has approximately 190 employees, that the petitioner has enough parking on paper to meets the requirements of the zoning ordinance but it is tight, that during snowstorms the parking gets tighter, that the proposal will provide additional parking during employee shift changes, that the petitioner must ask to rezone the property to accomplish this goal properly, that this petition is driven by the needs of Lytron, that the petitioner purchased the property from the church, that when the petitioner purchased the property it was agreed that if the property was used for parking the church could use the parking during their services, that the church does have parking needs that could be accommodated by this petition however the petitioner is being driven by the needs of the petitioner, that this plan is designed to accommodate drainage issues in the neighborhood, that by consolidating this property with the petitioner’s parcel the open space is increased, that the petitioner is in this for the long-term, that the petitioner is a family owned company, that the petitioner wants to stay at this location, that the residences closest to the locus are on Florence Terrace and Dragon Court, that there are four homes, that there is 300 feet from the property line to Florence Terrace, that the locus is approximately 340 feet to the residences, that there is also a fifty foot buffer before the parking begins within the property line, that plantings will be placed within the buffer to block the parking lot from the abutting church property, that this proposal will not increase traffic to the area, that the petitioner’s employees already use the street, that this is a union shop, that the petitioner always tries to be a good neighbor, that the petitioner is the kind of manufacturing company that you want to keep in the city, that using the property as a two-family dwelling does not make sense, that it would be beneficial for the City Council to take view of the property. Attorney McElhiney offered a letter from Robert S. Holt, Manager, Manufacturing Support, Parker Chomerics, 77 Dragon Court, Woburn in favor of the petition to the City Council for review. Motion made and 2nd that the communication be received and made part of the record, all in favor, 9-0. David Long, Chief Financial Officer and Vice President of Finance and Administration, Lytron, Incorporated stated that the petitioner has 190 employees, that the petitioner has been located in Woburn for over fifty years and at that location for over forty years, that the petitioner invested $14,000,000.00 in their property to enlarge the facility, that the petitioner has tried to make this a good proposal for the whole neighborhood, that the proposal will result in the same amount of vehicles coming from the site, if the petition is not approved the building will have to be put back into residential use, that the petitioner is willing to accommodate requests by the City Council with respect to lighting, that the petitioner will minimize the lighting to keep it unobtrusive, that the recent improvements to the petitioner’s property were designed to accommodate twenty-five years of company business, that the petitioner will sign a covenant that the facility structure will not be expanded further, that the petitioner will improve the turning radius at the end of Dragon Court, that the petitioner will put in a retention pond to minimize runoff from the property, that the proposal does not infringe on anybody, that there are 216 parking spaces, that the 190 employees work two shifts, that the hours of the primary shift are 7:30 a.m. to 3:30 p.m. and there is a skeleton shift from 3:00 p.m. to 11:30 p.m., and that there is a on-half hour overlap on the shifts. Mr. Long offered a document entitled “Lytron, Inc. Parking Lot Expansion and

Neighborhood Improvement Plan” for the City Council to review. Motion made and 2nd that the matter be received and made part of the record, all in favor, 9-0. Alderman Mercer-Bruen stated that there has been a long history of property rezoning on this street, that whenever property is rezoned on the streets there are promises made but not kept, that every time the zoning district line moves it “eats up” the residential neighborhood a little more, that she does not understand why parking is an issue now when the expansion was just completed, that at some point the city has to draw the line, that she is willing to work to find a solution, that she would like to see this accomplished with a rezoning, that as much weight should be given to the neighbors concerns as to the petitioner’s concerns, that this is not about Lytron but about what has happened to this neighborhood, that she will oppose the petition but it needs to have Planning Board review, that she will not support the proposal, that if there is a visit to the locus there should be equal time to visiting the homes in the neighborhood, and that she attended the neighborhood meetings on this issue. Alderman Gonsalves stated that the matter should be sent to committee for review. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that the petitioner manufactures products used in industry and defense, that it is a clean operation, that the petitioner pays $166,000.00 per year in taxes and $30,000.00 per year in water and sewer charges, that the petitioner supports and works with local charities, that the petition will move the zoning district line just sixty-six feet, that the fifty foot buffer zone will stay in a natural state, that the petitioner needs the City Council to approve this request, that recently the City Council moved a zoning district line to allow a building to be built on Commerce Way, that this will only allow parking to take place, that twelve of the petitioners employees reside in Woburn, and that 85% of the petitioner’s employees reside within ten miles of the city. Karla McDonough stated that she is a Woburn resident, that she works for the petitioner, that the petitioner is respectful of the employees and the residents, that she resides in Ward 6, that the petitioner is only seeking additional parking, and that this proposal will help the street. Rick Balletine, 272 Cambridge Road stated that he has worked for the petitioner since 2004 and that the petitioner is just seeking more parking space for its employees. Norman LeBlanc stated that he is Chair of the United Auto Workers (UAW), that he represents ninety-seven employees at Lytron, that parking is a problem, and that the petitioner looks out for the employees and neighbors. David Russo stated that he is a Lytron employee, that he resides in Burlington, that he is a former Woburn resident, that the petitioner is a world class corporation, that the petitioner is recognized as a leader in its industry, and that this is a safe company to work for.  OPPOSED: Chris Owen, 3 Florence Terrace stated that he has been a resident of the city for more than fifty years, that Dragon Court is the last street in Woburn before entering Reading, that the street has been approved since the 1800s, that the street is approximately 2,000 feet long, that the first 1,000 feet of the street contains residences, that the second 1,000 feet have industry, that industry wants to grow in the area, that he is against the proposal, that if the petitioner does not get the approval then they will not fix the drainage problem that they created, that Dragon Court is thirty feet wide on paper but about twenty-four feet wide in fact, that there is a lot of traffic in that area of the city, that the petitioner purchased the property as a residential building in the R-2 zoning district, that this is not a “fish out of water”, that the locus is a residential use in a residential zoning district, that the petitioner has no current buffer zone, that the petitioner bought the property knowing that it was zoning for residential use, that the petitioner has sufficient parking to accommodate the number of employees, and that adding more parking spaces will add more traffic, more noise and more light. Tim Swain, 29 Dragon Court stated that there are drainage issues on the street, that the office of the District Attorney is now located on the street and that is not allowed, that speeding traffic on the street is an issue, that he does not support the zoning change, and that the road was not designed to handle the trucks and traffic that travels on this street. Mary Ventura, 478A Washington Street stated that the City Council should not rezone the property, that she has resided in her home for fifty years, that she does not agree that Dragon Court should be a thoroughfare for speeding, that some of the trucks cannot make the turn from Washington Street to Dragon Court, and that she does not support the petition. Ray Veno, 31 Dragon Court stated that he is against this proposal, that the petitioner has twenty-six extra parking spaces over the total number of employees with the current parking, and that the petitioner can work with the church next door to meet each other’s parking needs. Mary Owen, 3 Florence Terrace stated that she has resided in her home for over twenty years and that she is opposed to the rezoning. Helen Drover, 29 Dragon Court stated that she is opposed to the petition, that the District Attorney’s office is using a gate at the end of Dragon Court, that the gate was supposed to the for Chomerics to travel between their two properties, and that often the gate is now left open. Mark Lembidakis, 3 Dragon Court stated that he is opposed to the proposal.

Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE FIRST

REGULAR MEETING OF THE CITY COUNCIL IN JULY 2008 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCE AND THE COMMITTEE ON LIAISON FOR FURTHER REVIEW, 8 in favor, 1 opposed (MercerBruen opposed).

 

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On the petition by ACS Development Corporation, 80 Everett Avenue, Suite 319, Chelsea, Massachusetts 02150 for a special permit pursuant to Sections 5.1.5 and 11.6.11 of the 1985 Woburn Zoning Ordinances, as amended, to convert second and third floor office space to residential use, creating five two-bedroom units and one one-bedroom unit at 397 Main Street. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Glen Frank and he stated that the petitioner will convert the second and third floors from commercial use to residential use, that four of the six units will be affordable housing, that the petitioner has other property in Woburn as well as 2,000,000 square feet of property in Chelsea which has been revitalized, that there is no off-street parking on the locus, that the locus is in a zoning district that allows parking in a municipal lot within 500 feet of the building if the use will not be unduly burdensome on the municipal parking lot, that changing the use of the building from commercial use to residential use will reduce the parking needs, that there are 222 parking spaces in the municipal parking lot and the proposed Magazine Hill lot will meet the needs of the petitioner, that this will not change the footprint of the building, that there will be a new roof, new façade and new windows, that the petitioner will upgrade the rear sidewalk which will be gated for the residents use, that the petitioner will seek a grant from the affordable housing fund of the city, that there are three dumpsters at the rear of the property that is emptied three times each week, that the dumpster will be sufficient to meet the needs of the residents in the building, that the number of times the dumpster is emptied can be modified, and that the façade will be upgraded but not changed. Anthony Simboli of ACS Development stated that there will be substantial changes to the rear of the building to improve the appearance, that there are currently fences at the rear of the building to shield the mechanical units but they have become a place for people to hide, that the mechanical units will be moved inside, that the H&R Block portion of the first floor will remain retail, that the District Attorney has moved from the building which will allow the Tremonte restaurant to expand into that portion of the building, that the exterior façade will be updated and improved, that the H&R Block use has two more years on its tenancy, that there will be an access gate to a seating area outside the rear of the building, that there will be a storage shed for the apartment units trash, that there are currently three dumpsters on the side of the building, that one of the dumpsters are used by the restaurant use and the other two dumpsters are used by the tenants in the adjoining building, and that if the neighboring property tenants want to share one larger dumpster with additional pick-ups then this can be negotiated. Alderman Denaro stated that the plan is conceptually a good start and that it meets the goal of a commercial use with residential use above. Alderman Galvin stated he likes the look of the building currently, that the property has a strong anchor tenant in the restaurant, and that the $200,000.00 from the affordable housing fund may be an issue. Alderman Gately stated that the impact on the municipal parking is a big issue, that the Magazine Hill parking lot should not be entered into the equation as it will not be completed for a couple of years, and that the funding for the project is an issue. Alderman Gonsalves stated that money is not being invested in downtowns, that the Woburn Redevelopment Authority has been “chipping away” in the downtown area one building at a time, and that this will be the second proposal under the affordable housing fund. President Doherty stated that other similar projects have been complete rehabilitations, that this property has tenant in the Tremont restaurant and the H&R Block business, and that it does not benefit the city to have residential uses above if there is not a complete rehabilitation to the first floor of the building. IN FAVOR: Donald Queenin, 4 Markham Terrace stated that he is the Chair of the Woburn Redevelopment Authority and he offered a written statement in support of

the project to the City Council for review. Motion made and 2nd that the document be received and made part of the record, all in favor, all in favor, 9-0. Donald Borchelt, Executive Director Woburn Redevelopment Authority stated that the appropriation for $200,000.00 from the affordable housing fund has been submitted to the Mayor and will be sent to the City Council with a study. OPPOSED: None. Motion made and 2nd that the

PUBLIC HEARING be CONTINUED TO THE FIRST REGULAR MEETING OF THE CITY COUNCIL IN JULY 2008 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

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CITIZEN’S PARTICIPATION: 

 

Petition by Richard O’Rourke, 6 Foster Street to discuss the regulation of hawkers and peddlers using public streets, parks and other public lands. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON LIAISON, all in favor, 9-0.

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COMMITTEE REPORTS:

 

SPECIAL PERMITS REVIEW:

 

On the petition by Lily Draper Street LLC, 8 Sarafine Way, Wilmington, Massachusetts 01887 for a Planning Board special permit to amend a Planning Board special permit granted October 8, 2004 and amended May 12, 2005 by deleting Condition 2 at Lots 9 and 10, 10 Draper Street, committee report was received as follows: “That the City Council send a recommendation to the Planning Board, Condition 2 remain, that the electric control gate be maintained.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

 

************************* POLICE AND LICENSE:

 

On the petition by Cambridge Road Auto Service, Inc. for renewal of Second Class Motor Vehicle Sales License, 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: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

 

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On the petition by Mohamed S. Moharam dba First Cab for a new Taxi Cab License, committee report was received “ought to pass for one (1) taxi cab”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

 

************************* PERSONNEL:

 

On the reappointment of Peter Lennon as a Member of 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: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

 

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On the reappointment of Loretta Schuck as a Member of the Board of Trustees of the Woburn Public Library, 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: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

 

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On the appointment of Mary Hines as a Life Trustee on the Board of Trustees of the Woburn Public Library, 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: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

 

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

 

On the Order to transfer the sum of $25,000.00 from Unreserved Fund Balance Account to Veterans Cash Aid, 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: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

 

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On the Order to transfer the sum of $13,000.00 from Unreserved Fund Balance Account to Inspection – Salary 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: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

 

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On the Order to appropriate the sum of $45,000.00 from Cemetery Interest Fund to Cemetery Fence 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: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

 

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On the Order to appropriate the sum of $90,000.00 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: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

 

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On the Order to appropriate the sum of $22,000.00 from Cemetery Interest Fund to various Cemetery Department Accounts, 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: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

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NEW PETITIONS:

 

Petition by Mascoma Corporation, 1380 Soldiers Field Road, Boston, Massachusetts

02135 for a special permit pursuant to Sections 5.1.41 and 5.1.57b of the 1985 Woburn Zoning Ordinances, as amended, to allow for a research and testing facility and the overnight parking of commercial vehicles at 20-30 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 Chair 5 Restaurants – Woburn LLC d/b/a Qdoba Mexican Grill, 572 Washington Street, Suite 17A, Wellesley, Massachusetts 02482 for a special permit pursuant to Sections 5.1.29 and 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a fast food restaurant and building signage at 300 Mishawum Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-

0.

 

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Petition by Koffler/GID Woburn LLC, 260 Boston Post Road, Suite 9, Wayland, MA 01778 for a modification of a special permit dated October 9, 2003, as amended by special permit dated August 21, 2006, as amended by a modification dated February 14, 2008, such modification pursuant to Sections 5.1.23, 5.1.29, 7.3, 8.2 and 8.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for: 1. a further amended site plant, 2. an additional 6,665 square feet of gross floor area more or less, 3. a reduction in the required parking, and 4. parking on a lot separate from 300 Mishawum Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-

0.

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COMMUNICATIONS AND REPORTS:

 

A communication dated May 30, 2008 with attachments was received from Joanne Collins, Director, Woburn Council on Aging along with the minutes of the May meeting of the Council on Aging and the Director’s report for the month of May. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated May 20, 2008 was received from Attorney Brian W. Riley, Kopelman and Paige, P.C. relative to the availability of attorney-client privilege to government officials. 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 May 21, 2008 to Attorney David Jenkins, Kopelman and Paige, P.C. was received from Jan Robbins Cox, Director, Human Resources Department relative to Blue Care Elect Preferred (health insurance indemnity option) premium contribution rates. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated May 27, 2008 with attachment was received from Donald J.

Borchelt, Executive Director, Woburn Redevelopment Authority along with a copy of the Woburn Redevelopment Authority May monthly meeting papers. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated February 11, 2008 was received from Gregory Flaherty, Project Manager, Cummings Properties, 200 West Cummings Park, Woburn, Massachusetts 01801 as follows:

 

Re: Flammable Materials Storage License Record No. 2007-78

 

Dear Mr. Campbell:

 

We currently maintain an underground storage tank located at 74 Cedar Street, Woburn, MA. The registration record number is 2007-78. Please note that this tank was properly replaced and upgraded in January 2007. As per your earlier letter, we are no longer required to have a license but instead can obtain a permit from the Woburn Fire Department. We currently have a permit from the Fire Department (copy attached).

 

By copy of this letter, I am requesting that the City Council formally terminate our license for storage of flammable materials at 74 Cedar Street.

 

If you have any questions or need further documentation, I can be reached at (781) 9327030.

 

Sincerely, s/Gregory Flaherty, Project Manager

 

Motion made and 2nd that the INFLAMMABLE LICENSE held by Interstate 93 Land, LLC, 200 W. Cummings Park, Woburn granted June 5, 1984 and amended May 16, 2005 allowing the storage of 5,000 gallons of unleaded gasoline underground on Cedar Street be REVOKED, all in favor, 9-0.

Presented to the Mayor: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     WHEREAS, there presently exists a structure or structures located in the City of Woburn, Massachusetts known and numbered as 24 Pine Street; and

 

WHEREAS, the condition of said building or buildings has been allowed to deteriorate and the property is generally not being maintained;

 

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

 

s/Alderman Mercer-Bruen

 

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

Presented to the Mayor: June 5, 2008        s/Thomas L. McLaughlin June 5, 2008

 

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The following discussion ensued relative to the following four proposed ordinances concerning salary adjustments: Alderman Raymond asked why ordinances to adjust the salary of the superintendent of public works, police chief and fire chief are not under consideration. Alderman Denaro stated that the compensation of the police chief and fire chief is under contracts and that he chose not to submit an ordinance change relative to the superintendent of public works. Alderman Gately stated that is it not fair to leave one man out of this process, that the superintendent of public works should “be in the same boat”, that this is wrong, that the City Council must set up merit systems with performance reviews, and that for the department heads not covered by bargaining units the work can begin on this review process. Alderman Drapeau stated that an emphasis has been made to reduce the salary of the superintendent of public works to a level acceptable to the City Council, that it would not be appropriate to bring the salary of the superintendent of public works in with the others, that the remaining employees are long term employees who were not allowed to be part of the bargaining unit through not fault of their own, and no case can be made to raise the salary of the superintendent of public works. President Doherty stated that the City Council will have to adopt an ordinance setting the salary of the superintendent of public works after the budget is set. Alderman Galvin stated that an ordinance changes was submitted earlier to set the salary of the superintendent of public works at a lower level, and that to consider an ordinance to raise the salary of the superintendent of public works is not appropriate. Alderman Gately stated that the city should not give blanket raises. President Doherty stated that this ordinance reflects the intent of the Mayor to give blanket raises. Alderman Galvin stated that five Aldermen supported an ordinance to set the salary of the superintendent of public works but this was not sufficient support. Alderman Gately stated that there may be a couple of employees who should get more than six percent but the mayor locks them in to a percentage salary. Alderman Galvin stated that the Mayor runs the city day-to-day and evaluates the employees performance, and that the City Council may be the appointing authority for some positions but the Mayor supervises the positions. Alderman

Denaro stated that the funding mechanism was voted earlier in this meeting, that the City Council cannot add to the funding but can reduce it, and that an ordinance can be submitted relative to the superintendent of public works’ salary if necessary. Alderman Gonsalves stated that if performance appraisal for five department heads is necessary then that can be commenced. President Doherty stated that the question is not only the salary paid for the position but also dealing with the five non-union department heads in the future. Alderman Raymond stated that a communication can be sent to the Mayor to appropriate money to hire a consultant to prepare performance reviews and evaluations, that this takes the issue away from the City Council and the Human Resources Director, and that two years ago there was money to do this but that it was not done. President Doherty stated that the department head union formation was the halt to progress on the performance review process, that evaluations can be performed for union department heads under the terms of collective bargaining, and that the Mayor would still have final approval with input of the City Council evaluations. Alderman Drapeau stated that it is the Mayor’s responsibility to review department heads, that now is the time to reallocate resources whereby the employees are judged on an annual basis in a nonpartisan manner, and that otherwise politics gets in the way of the ability of an employee to make a living.

Alderman Denaro stated that he requests time to work on a plan to submit to the Committee on Personnel. President Doherty stated that the Mayor will have to be involved also, and that the superintendent of public works position also needs to be dealt with input from the Mayor.

 

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ORDERED     Be It Ordained by the City Council of the City of Woburn that Section 2180 of the 1989 Woburn Municipal Code, as amended, be further amended by deleting the salary line of City Auditor and replacing same with the following: City Auditor $81,740.51 to be effective July 1, 2007 and $84,192.72 to be effective July 1, 2008.

 

s/Alderman Deanaro

 

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 Section 2180 of the 1989 Woburn Municipal Code, as amended, be further

amended by deleting the salary line of City Clerk and replacing same with the following: City Clerk $67,091.54 to be effective July 1, 2007 and $69,104.29 to be effective July 1, 2008; deleting the salary line of City

Council – Clerk of and replacing same with the following: City Council – Clerk of $9,437.43 to be effective July 1, 2007 and $9,720.56 to be effective July 1, 2008; deleting the salary line of Voters, Board of Registrars of – Clerk of and replacing same with the following: Voter, Board of Registrars of – Clerk of $9,437.43 to be effective July 1, 2007 and $9,720.56 to be effective July 1, 2008.

 

s/Alderman Deanaro

 

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 Section 2180 of the 1989 Woburn Municipal Code, as amended, be further amended by deleting the salary line of Human Resources Director and replacing same with the following: Human Resources Director $80,926.50 to be effective July 1, 2007 and $83,354.29 to be effective July 1, 2008.

 

s/Alderman Denaro

 

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 Section 2180 of the 1989 Woburn Municipal Code, as amended, be further amended by deleting the salary line of Library – Director and replacing same with the following: Library – Director $80,428.72 to be effective July 1, 2007 and $82,841.58 to be effective July 1, 2008.

 

s/Alderman Deanaro

 

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

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 10:41 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

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