City Council – 06/15/2010

DATE 06/15/2010
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 15, 2010 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson                    Gately

                                                DiTucci                       Haggerty

                                                            Drapeau                      Mercer-Bruen

                                                Gaffney – Absent        Raymond

       Denaro

_________________________

 

Motion made and 2nd to suspend the rules for the purposes of adding the following late filed matter to the Order of the Day and taking two matters out of order, 8 in favor, 0 opposed, 1 absent (Gaffney absent).

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ORDERED     That the Mayor be and is hereby authorized to accept a certain Grant of Easement for a water line, from National Amusements, Inc., over a certain portion of property owned by said National Amusements, Inc., and located off Middlesex Canal Park, said property being shown as Lot 5 on Land Court Plan No. 24503C, with the area of said Easement being further shown on a plan prepared by the City of Woburn Engineering Department, dated June 14, 2010, said plan to be attached to the Grant of Easement when duly recorded with the Registry of Deeds. rights acquired by Document No. 1379394 recorded with the Land Registration Division of the Middlesex South Registry of Deeds.

 

s/President Denaro

 

Attached thereto was a document entitled “Grant of Water Line Easement”. City Engineer Corey stated that this will allow a three hundred foot water main easement between Colony Road and Middlesex Canal Park, that the discoloration of water is affecting businesses in the area, that this will alleviate the issue, and that a Conservation Commission filing will be made but this requires the city have an interest in the property and will do so with the easement. Acting Superintendent of Public Works Quinn stated

that money is available for this project. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON MUNICIPAL LANDS, 8 in favor, 0 opposed, 1 absent (Gaffney absent).

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On the petition by Clear Wireless, LLC, 200 5th Avenue, Waltham, Massachusetts 02451 for a special permit pursuant to Sections 5.6 and 11.5 of the 1985 Woburn Zoning Ordinances, as amended, to install a wireless communications facility consisting of a 100 foot monopole tower and three (3) wimax antennas and two (2) wireless backhaul dish antennas to be mounted on the top of the proposed monopole, together with supporting equipment to be located at the base of the monopole and surrounded by an eight (8) foot chain link fence, all at 205 Wildwood Avenue.  PUBLIC HEARING OPENED. A communication dated June 8, 2010 was received from Attorney Anne K. Malone, Prince Lobel Glovsky & Tye LLP, 100 Cambridge Street, Suite 2200, Boston, Massachusetts 02114 as follows:

 

Re: Request for Withdrawal Without Prejudice – Clear Wireless, LLC – 205 Wildwood Avenue, Woburn, MA

 

Dear Honorable Members of the City Council, Mr. Clerk and Mr. Tarallo:

 

This firm represents the above-captioned Applicant, Clear Wireless, LLC, in connection with its application before the City Council for a proposed wireless telecommunications facility at the property located at 205 Wildwood Avenue, Woburn, MA. In an effort to resolve certain issues associated with the subject property before pursuing the zoning relief for the facility, the Applicant respectfully requests that this application be withdrawn without prejudice.

 

If you should have any questions, please do not hesitate to call me.

 

Sincerely, s/Anne K. Malone

 

A communication dated June 10, 2010 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Clearwireless, LLC – 205 Wildwood Ave. – To construct 100’ monopole with 3 wimax antennas and 2 sireless backhaul to be installed on top of the proposed monopole and to install supporting equipment to at the base of the monopole within an 8’ chain link fence under Section 5.6 and 11.5

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on June 8, 2010, the Board voted to support the petitioner’s request to withdraw without prejudice.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Attorney Anne K. Malone and she stated that the petitioner has met with the Planning Board Director, that they are discussing details

concerning the petition, and request that the petition be given leave to withdraw without prejudice. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, 8 in favor, 0 opposed, 1 absent (Gaffney absent).

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On the petition by Clear Wireless, LLC, c/o Anne Grant, Prince, Lobel, Glovsky & Tye, LLP, 100 Cambridge Street, Suite 2200, Boston, Massachusetts 02114 for a special permit pursuant to Sections 5.6 and 11.5 of the 1985 Woburn Zoning Ordinances, as amended, to install a wireless communications facility by constructing a 125 foot flagpole design monopole, to install three (3) wimax antennas and two (2) wireless backhaul dish antennas, all to be mounted and completely concealed within the proposed monopole together with supporting equipment to be located at the base of the monopole and surrounded by a proposed eight (8) foot chain link fence, all at 92 Merrimac Street. PUBLIC HEARING OPENED. A communication dated June 8, 2010 was received from Attorney Anne K. Malone, Prince Lobel Glovsky & Tye LLP, 100 Cambridge Street, Suite 2200, Boston, Massachusetts 02114 as follows:

 

Re: Request for Withdrawal Without Prejudice – Clear Wireless, LLC – 92 Merrimac Street, Woburn, MA

 

Dear Honorable Members of the City Council, Mr. Clerk and Mr. Tarallo:

 

This firm represents the above-captioned Applicant, Clear Wireless, LLC, in connection with its application before the City Council for a proposed wireless telecommunications facility at the property located at 92 Merrimac Street, Woburn, MA. In an effort to resolve certain issues associated with the subject property before pursuing the zoning relief for the facility, the Applicant respectfully requests that this application be withdrawn without prejudice.

 

If you should have any questions, please do not hesitate to call me.

 

Sincerely, s/Anne K. Malone

 

A communication dated June 10, 2010 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Clearwireless, LLC – 92 Merrimac St. – To construct 125’ flagpole design monopole with 3 wimax antennas and 2 wireless backhaul installed within and to install supporting equipment to at the base of the monopole within an 8’ chain link fence under Sections 5.6 and 11.5

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on June 8, 2010, the Board voted to support the petitioner’s request to withdraw without prejudice.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Attorney Anne K. Malone and she stated that the petitioner has met with the Planning Board Director, that they are discussing details

concerning the petition, and request that the petition be given leave to withdraw without prejudice. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, 8 in favor, 0 opposed, 1 absent (Gaffney absent).

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Motion made and 2nd to return to the regular order of business, 8 in favor, 0 opposed, 1

absent (Gaffney absent).

_________________________

 

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

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MAYOR’S COMMUNICATIONS: 

 

ORDERED     That the sum of $30,000.00 be and is hereby appropriated from Cemetery Interest Fund and distributed as follows for Fiscal Year 2011: $10,000.00 to Utility Acc. 0149052-521103, $5,000.00 to New Equipment 0149058586600, $2,000.00 to Office Supplies 0149054-542000, $5,000.00 to

Equip/Bldg Maint 0149054-543000, $8,000.00 to Tools/Supplies Acct 0149054-546100

 

I hereby approve the above. s/William E. Kerns, Chairperson  I hereby recommend the above. s/Scott D. Galvin, Mayor

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

 

s/President Denaro

 

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

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PUBLIC HEARINGS:  

 

Proceedings to review, conduct a public hearing and take action as determined by the City Council on the Fiscal Year 2011 Budget. No action required and no action taken.

 

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On the petition by Alderman DiTucci relative to the structure located at 19 Day Circle for the purposes of determining whether the building is public nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or other structure, as defined in M.G.L. Ch. 139, Sec. 1. PUBLIC HEARING OPENED. A copy of a communication dated June 15, 2010 to Alderman DiTucci was received from Mark LaLumiere, Department of Inspectional Services as follows:

 

Re: 19 Day Circle

 

On 5/19/10 I made a site visit to 19 Day Circle to investigate a complaint regarding an unsecured in-ground swimming pool. The property is vacant and overgrown. The fence which serves as the enclosure for the pool was un-locked and propped open. The pool is covered, however the cover is ripped and an area of the cover has fallen into the pool. The overall condition of the pool and surrounding area is unkempt. The enclosure surrounding the pool needs maintenance and at a minimum must be brought into compliance with the Massachusetts State Building Code 780 CMR 421.10 – private swimming pools. Overall the property appears to be abandoned, with over grown shrubs and landscaping. The swimming pool enclosure needs to be maintained and monitored to be sure that it remains secure.

 

s/Mark LaLumiere

 

Alderman DiTucci stated that the properties on Day Circle are well-maintained, that the subject property has been abandoned for several years, that the property is in poor condition, that the back door was kicked in, that there is access to the building, that there is an unsecured pool area, that the cover on the pool is ripped and the pool is accessible, that the property is a danger to the community, that the gate to the pool was secured by the Inspectional Services Department but the gate is open again, that she contacted the mortgage holder asking that the pool and building be secured but no action was taken, that there is a requirement that all mortgage holders in Massachusetts be notified of a local ordinance regarding vacant property and this may have to be amended, that this matter is being pursued under the state statute for nuisance properties but the city can also proceed under the foreclosed property ordinance, that the problem with this type of distressed property is that it is difficult to determine who owns the property, that she wants immediate abatement of the conditions, the pool secured, the building secured and the fence repaired, that Deutsche Bank is the mortgage holder, Litton Loan Servicing is managing the property and a local law firm involved with the mortgage indicated that they are not involved with maintenance of the property, and that Litton Loan Servicing was notified of this hearing by certified mail and email but provided no response. Alderman Gately stated that there is an ordinance in effect for this type of issue, that there is a substantial fine for not maintaining the property, that the city has order building demolished under the state nuisance statute, that the pool has to be drained if there is water in it, and that this is private property and the city must be careful in entering the property and taking action. Alderman Anderson stated that properties in his ward are also in poor condition, and that the city must take action under the vacant properties ordinance. Alderman Raymond stated that once the city starts the process of enforcing the vacant properties ordinance this will help the situation. Alderman Mercer-Bruen stated that if the city declares the property a nuisance it is likely that the local attorney representing the mortgage holder will be engaged to manage the property, that the City Council should declare the property a nuisance to encourage the remediation of the property, that the nuisance order should list what needs to be done with the property, and the owner should be given time to remedy the conditions. IN FAVOR: Patrice Trodella, 21 Day Circle stated that she lives next door to the property, that she is in favor of the nuisance proceeding, that she is concerned about insects harboring in the pool and children getting into the property, and that the police have responded to calls concerning the property. Joe Simas, 17 Day Circle stated that the property has been empty for twenty-eight months, that he maintained the landscaping in the yard for a while, that his family owned his house since 1956, that the property is a disaster, that the in-ground pool is a danger, that the water is overflowing from the pool and he resides downhill from the property, and that the landscape is overgrown. Irene Simas, 17 Day Circle stated that there may be a title problem as twice the property was on the market but the sales were not completed, and that during a recent rain storm oil or gasoline was seen flowing from the property. Elaine Dougherty, 24 Day Circle stated that she resides across the street from the property, that the pool is a concern for public safety, and she offered a photograph and a letter from a neighbor to the City Council for review. Motion made and 2nd that the photograph of the property be accepted and made part of the record, 8 in favor, 0 opposed, 1 absent (Gaffney absent). Motion made and 2nd that the letter dated June 15, 2010 from Lucille Nicholson and Jim Nicholson of 26 Day Circle be accepted and made part of the record, 8 in favor, 0 opposed, 1 absent (Gaffney absent). Joe Castiglione, 33 Day Circle stated that he supports the petition to declare the property a

nuisance. Arlene Lane, 10 Day Circle stated that this vacant property is an invitation to crime. Marie Lingblom stated that her parents reside at 18 Day Circle, that the property needs to be brought up to code according to the Building Inspector, and that no citation has issued because the owner could not be found. Raymond Thompson, 11 Day Circle stated that if he did not pay his taxes his property would be taken, and that something should be done with this property. Motion made and 2nd that the public hearing be closed, 8 in favor, 0 opposed, 1 absent (Gaffney absent). Motion made and 2nd that a finding enter based on the testimony heard at a public hearing and a communication dated June 15, 2010 from Building Inspector Mark LaLumiere, Woburn Inspectional Services

Department that the property located at 19 Day Circle, Woburn, Middlesex County, Massachusetts is a danger to the neighborhood due to the fact that there is an unsecured pool, and unsecured gate, unsecured doors to the building and the property is not being

maintained in any respect and that the PROPERTY LOCATED AT 19 DAY CIRCLE be DECLARED A NUISANCE PURSUANT TO MASSACHUSETTS GENERAL LAWS

CHAPTER 139, SEC. 1 , 8 in favor, 0 opposed, 1 absent (Gaffney absent). Presented to the Mayor June 17, 2010 and ten days having elapsed without same being approved, said ordinance became effective without his signature on June 29, 2010. 

 

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Alderman Raymond recused himself from participating in the next two matters and left the Council Chambers.

 

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Motion made and 2nd that the public hearings on the next two matters be held collectively, 7 in favor, 0 opposed, 2 absent (Gaffney, Raymond absent).

 

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On the petition to amend the 1985 Woburn Zoning Ordinances, as amended, by establishing a new Section 25 Upper Main Street Overlay (UMS) District. [For a full recitation of the Ordinance, see Journal of the City Council for the Regular Meeting held on May 4, 2010.] PUBLIC HEARING OPENED. A communication dated June 9, 2010 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Alderman Michael Raymond – Zone Ordinance Amendment – To add a new Section 25 entitled “Upper Main Street Overlay (UMS) District” as set forth in the petition and to amend the Woburn Zoning Map by establishing the “Upper Main Street Overlay District” (“UMS”) consisting of the parcel of land known as 1071 Main Street (Map 8, Parcel 18) consisting of approximately 4.92 acres

 

Dear Mr. Campbell and Members of the City Council:

 

At the public hearing held June 8, 2010, the Woburn Planning Board voted to forward a favorable recommendation to the City Council on the above-cited zoning map amendment establishing the “Upper Main Street Overlay District” (“UMS”) consisting of the parcel of land known as 1071 Main Street (Map 8, Parcel 18) consisting of approximately 4.92 acres and the zoning amendments adding a new Section 25, entitled “Upper Main Street Overlay (UMS) District” with the following modification to Section 25 B.1. by striking “860 feet” and inserting in its place “500 feet”.

 

If members of the Council have any questions or concerns regarding the foregoing recommendations, please contact me.

 

Sincerely, s/Edmund P. Tarallo, Director

 

Appearing was Attorney Kate Connolly, Murtha Cullina LLP, 600 Unicorn Park Drive,

Woburn and she stated that her client Scott Seaver proposed to purchase and develop 1071 Main Street, and that the Planning Board recommended amending Section 25.B.1 by striking “860 feet” and inserting “500 feet” in its place. Attorney Connolly provided a memorandum dated June 12, 2010 relative to the “Upper Main Street Overlay District” to the City Council for review. Motion made and 2nd that the document be received and made part of the record, 7 in favor, 0 opposed, 2 absent (Gaffney, Raymond absent). Scott Seaver appeared and stated that garden style condominiums will be constructed, that these are single floor residences as opposed to townhouse condominiums, that this will be a four-story building with elevator service, that because of Department of Environmental Protection issues the development will be built higher and have more green space, and that once this ordinance is approved he intends to move forward with obtaining Department of Environmental Protection approval and site engineering. Alderman Mercer-Bruen stated that she supports cleaning up the property but is concerned about some of the language in the ordinance, that she is concerned this development could be an apartment complex if Mr. Seaver cannot move forward with the proposed project, that she is concerned this could be a Kimball Court type development, that she would like to see apartments stricken from the ordinance, that this is a major zoning change and there has not been a committee meeting, that the matter could be reviewed in committee, that this proposal is not about the developer, that in the past projects have been proposed and zoning amendments made and the project does not move forward, and that the language relative to apartments should be changed. Alderman Anderson stated that he wants assurances that the project will be completed if this amendment is allowed. Alderman Gately stated that he supports the proposal, and that this would be a huge improvement to the neighborhood. Alderman Drapeau stated that he supports the petition, and that if the Ward Alderman supports the project then he supports the project. President Denaro stated that this is a proposal for an overlay district and that a special permit for any project would come later. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that this is not a 750 unit Kimball Court project, that this is a 57 unit project, that this is a reputable developer, and that these are condominiums with elevators like other developments in the city. Linda Raymond, 10 North Maple Street stated she urges passage of the ordinance, and that the neighborhood has waited forty years for this project. OPPOSED: None. Motion made and 2nd that the public hearing be closed, 7 in favor, 0 opposed, 2 absent

(Gaffney, Raymond absent). Motion made and 2nd that the ZONING AMENDMENT ORDINANCE AND THE ZONING MAP AMENDMENT ORDINANCE be

ADOPTED, AS AMENDED with the amendment as follows: That Section 25.B.1 be amended by deleting the words and numbers “860 feet” from the second sentence and inserting in its place the words and numbers “500 feet”, 7 in favor, 0 opposed, 2 absent (Gaffney, Raymond absent). Motion made by Alderman Drapeau to reconsider his vote seconded by Alderman Anderson, 3 in favor, 4 opposed (DiTucci, Gaffney, Haggerty, Mercer-Bruen opposed), 2 absent (Gaffney, Raymond absent).

Presented to the Mayor June 17, 2010 and ten days having elapsed without same being approved, said ordinance became effective without his signature on June 29, 2010. 

 

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On the petition by Alderman Michael Raymond to amend the “Zoning Map of the City of

Woburn, dated April 7, 1980, as revised” by adding the parcel of land known as 1071 Main Street (Map 8, Parcel 18) consisting of approximately 4.92 acres and shown on plan on file to the “Upper Main Street Overlay District” (“UMS”) zoning district. PUBLIC HEARING OPENED. A communication dated June 9, 2010 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Alderman Michael Raymond – Zone Ordinance Amendment – To add a new Section 25 entitled “Upper Main Street Overlay (UMS) District” as set forth in the petition and to amend the Woburn Zoning Map by establishing the “Upper Main Street

Overlay District” (“UMS”) consisting of the parcel of land known as 1071 Main Street (Map 8, Parcel 18) consisting of approximately 4.92 acres

 

Dear Mr. Campbell and Members of the City Council:

 

At the public hearing held June 8, 2010, the Woburn Planning Board voted to forward a favorable recommendation to the City Council on the above-cited zoning map amendment establishing the “Upper Main Street Overlay District” (“UMS”) consisting of the parcel of land known as 1071 Main Street (Map 8, Parcel 18) consisting of approximately 4.92 acres and the zoning amendments adding a new Section 25, entitled “Upper Main Street Overlay (UMS) District” with the following modification to Section 25 B.1. by striking “860 feet” and inserting in its place “500 feet”.

 

If members of the Council have any questions or concerns regarding the foregoing recommendations, please contact me.

 

Sincerely, s/Edmund P. Tarallo, Director

 

SEE RECORD NOTES OF PRECEDING MATTER. Motion made and 2nd that the

ZONING AMENDMENT ORDINANCE AND THE ZONING MAP AMENDMENT

ORDINANCE be ADOPTED, AS AMENDED with the amendment as follows: That Section 25.B.1 be amended by deleting the words and numbers “860 feet” from the second sentence and inserting in its place the words and numbers “500 feet”, 7 in favor, 0 opposed, 2 absent (Gaffney, Raymond absent). Motion made by Alderman Drapeau to reconsider his vote seconded by Alderman Anderson, 3 in favor, 4 opposed (DiTucci, Gaffney, Haggerty, Mercer-Bruen opposed), 2 absent (Gaffney, Raymond absent). Presented to the Mayor June 17, 2010 and ten days having elapsed without same being approved, said ordinance became effective without his signature on June 29, 2010. 

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Alderman Raymond entered the Council Chamber.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS: None.

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NEW PETITIONS:

 

Petition by NSTAR Electric Company for a grant of right in a way to install conduit in

Main Street southerly from manhole #9544 approximately 280 feet north of Montvale

Avenue a distance of approximately 85 feet. Motion made and 2nd that the MATTER be

REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Gaffney absent). *************************

Petition by Clear Wireless, LLC, c/o Tower Resource Management, Inc., 30 Lyman

Street, #12, Westborough, Massachusetts 01581 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to alter a pre-existing, nonconforming use to co-locate wireless communications facility equipment including antenna and backhaul dishes onto an existing tower at (25 Rear) Waltham Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 8 in favor, 0 opposed, 1 absent (Gaffney absent).

 

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Petition by Championship Distribution Group, Incorporated, 5 Wheeling Avenue,

Woburn, Massachusetts 01801 for a special permit pursuant to Sections 42 and 57a of the

1985 Woburn Zoning Ordinances, as amended, to allow third party logistics facility at

One Arrow Drive. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 7 in favor, 0 opposed, 1 absent (Gaffney absent), 1 abstained (Haggerty abstained).

 

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ORDERED

 

Be it Ordained by the City Council of the City of Woburn that the 1985 Woburn Zoning Ordinances, as amended, be revising Section 22 entitled “Senior Housing Overlay District” (SHO) by deleting in its entirety and replacing with the following:

SECTION 22 – Residential Overlay District (ROD) District

 

  1. Purpose and Objectives

 

    1. To provide housing options to meet the needs of households at different stages of life.
    2. To promote high quality design and minimize negative impacts on the surrounding area.

 

  1. Application

 

    1. The Residential Overlay District (ROD) is hereby established as an overlay district. The ROD shall only be applied to properties zoned R-1 that have frontage along Route 38 ( Main Street) of at least 125 feet and are north of Interstate  95 (I-95) and Route 38 interchange; and are within 2,250 feet northerly of the centerline right of way of said I-95 at the Route 38 interchange. Inclusion of any property into an ROD shall also require a zoning map change consistent with the rules and regulations of the Woburn Zoning Ordinance.

 

    1. The provisions of the ROD shall only apply to projects using ROD criteria. Any building, structure or use of land that is not part of an ROD development proposal shall maintain the rights and privileges of the underlying district without modification by the ROD.

 

  1. Associated Criteria

 

    1. All ROD proposals shall be subject to Site Plan Review Section 12a, as applicable.
    2. All ROD proposals shall be subject to Section 18, Development Impact Mitigation as applicable.
    3. All ROD proposals except those uses in Section 22(E)(1)(c) and Section 22(E)(1)(d) shall be subject to Section 11.11 Affordable Housing Requirements, as applicable.

 

  1. By Right Uses

 

    1. None

 

  1. Special Permit Uses

 

    1. A special permit shall be required from the Woburn City Council for the following uses.

 

      1. Congregate Elderly Apartments as defined in Section 2.

Definitions.

      1. Assisted Living residences.
      2. Nursing homes, Alzheimer care residences, and similar facilities.
      3. Continuing Care Facility: A combination of the uses noted in items a through c above.
      4. Multi-family housing.
      5. Accessory offices, clubhouses, personal services and recreation amenities consistent and with the uses noted above.

 

  1. Dimensional and Density Regulations

 

    1. Lot area, frontage and yards.

 

a.     Congregate Elderly Apartments                b. Assisted Living residences or

        1. Continuing Care facility                            c. Nursing Homes or Alzheimer
        2. Multi-Family housing        residence or similar facilities
        3. Accessory offices, clubhouses, personal    f. Accessory offices, clubhouses,                         services and recreation amenities    personal services and recreation                     consistent and with the uses noted above                amenities consistent and with the uses noted above

 

 

Minimum Lot Area               5 acres                                               1 acre

 

Minimum Lot Frontage        200 feet                                              125 feet

 

Minimum Front Yard

Setback                                  50 feet                                                50 feet

 

Minimum Side Yard

Setback                               40 feet                                                   25 feet

 

Minimum Rear Yard

Setback                               30 feet                                                   30 feet

 

    1. Lot coverage and Landscaped Usable Open Space

 

Maximum building coverage: 40%

Minimum landscaped usable open space: 30%

Maximum Lot Coverage: 70%

 

    1. Building Height and Intensity of Use

 

      1. Maximum height for a Multi-Family housing development in the ROD shall be 3 stories and 52 feet.  The maximum number of residential units shall be not more than 1 bedroom or per 1,000 square feet of gross lot area not including the area assigned to rivers or canals that may be on the lot.  Further, in no instance shall there be more than 120 units in any Multi-Family housing development in the ROD.

 

      1. Maximum height for Congregate Elderly Apartments; Assisted Living Residences; Nursing Homes; Alzheimer care residences and similar facilities; and Continuing Care Facilities shall be 3 stories and 42 feet in the ROD. A peaked roof shall be required unless waived during the site plan review process; however, the maximum exterior eave height of any portion of any building shall not exceed 36 feet at any one point. The maximum number of residential units shall be not more than 1 bedroom per 1,000 square feet of gross lot area not including the area assigned to rivers or canals that may be on the lot; a nursing home room/bed or Alzheimer room/bed shall be construed to be a bedroom.  Further, in no instance shall there be more than 150 units in any of the above uses in the ROD.

 

    1. More than One Building on a Lot

 

      1. All ROD developments may contain more than one principal building on a lot.

 

  1. Off –Street Parking Requirements

 

    1. At a minimum, off street parking spaces shall be provided as follows.

 

      1. Congregate Elderly Apartments: 1.5 spaces per unit and 1 visitor space per 10 units.
      2. Assisted Living: 0.50 parking spaces per unit and 1 visitor space per 10 units.
      3. Nursing Homes, Alzheimer facility and similar residences: 0.35 spaces per unit and 1 visitor space per every 10 residences.
      4. Continuing Care Facilities: A proportional combination of the parking requirements noted in items a through c above.
      5. Multi-family housing:  1 visitor space for every 10 units; 1.5 spaces per studio or one bedroom unit, 2 spaces for every two bedroom unit and 2.5 spaces for every three bedroom unit.

 

  1. Design Standards

 

    1. All development in an ROD shall comply with the following standards for streetscape design in addition to criteria that may be required as part of site plan review.

 

      1. As approved and required as part of site plan review process trees shall be planted along all public rights of way.  Trees shall be planted at intervals of not less than 40 feet, unless plantings are precluded by utilities or points of access. Tree species shall be selected that require minimal maintenance and are of native origin.

 

      1. Pedestrian amenities such as benches, kiosks, trash receptacles shall be provided along public sidewalks as approved as part of the site plan review process.

 

      1. Access to historic walkways, trails, canal walks, and other similar public open spaces and amenities that abut the proposed development shall be provided to the general public.

 

      1. All new utilities shall be placed underground as is practical, as determined during the site plan review process.

 

    1. Exception to the area and landscaping requirements in Section 8.6.2 for all ROD developments may be granted by Special Permit if the City Council finds the amount, placement and type of landscaping proposed will be equal or superior in visual appearance than if the requirements were strictly adhered to.

 

By Landowner

Alderman Haggerty stated that he will abstain from participating in this matter in order to avoid a potential conflict. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 7 in favor, 0 opposed, 1 absent (Gaffney absent), 1 abstained (Haggerty abstained).

 

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ORDERED     Be it Ordained by the City Council of the City of Woburn that the Zoning Map of the City of Woburn, as amended, be further amended as follows:

 

By amending the Zoning Map for a parcel of land containing approximately 6.00 acres of land identified as Lot 2 Main Street as shown on a plan by Allen & Major Associates, Inc., entitled “St. Anthony of Padua, 859 Main Street, Woburn, MA” Revised 1/04/08 from the Senior Housing Overlay District to the Residential Overlay District and by adding the parcel of land containing approximately 1.091 acres of land identified as Lot A, Main Street, as shown on a plan by Holmberg & Howe entitled “Plan of Land, 859 Main Street, Woburn, Massachusetts” dated May 24, 2010 to the Residential Overlay (“ROD”) District.

 

By Landowner

Alderman Haggerty stated that he will abstain from participating in this matter in order to avoid a potential conflict. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, 7 in favor, 0 opposed, 1 absent (Gaffney absent), 1 abstained (Haggerty abstained).

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COMMUNICATIONS AND REPORTS:

 

A communication dated June 2, 2010 was received from Richard G. Cutts, PE, Chairman, Woburn Conservation Commission as follows:

 

Re: Whispering Hill and Spence Farm Properties

 

Dear Members of the City Council:

 

The Conservation Commission would like to take this opportunity to voice its support in concept for the acquisition of the Whispering Hill Property parcel of land located off Cambridge Road, and the Spence Farm Property located off Lowell and Wyman Streets. The Commission favors the preservation of Open Space, and believes that these parcels would be a great asset to the City, as it could provide the community with opportunities for passive recreation, while protecting valuable wetlands and wildlife habitat.

 

Thank you for your time and consideration.

 

Sincerely, s/Richard G. Cutts, PE, Chairman, Woburn Conservation Commission

 

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

 

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A communication dated June 7, 2010 was received from Frederick J. Gonsalves, 119

Winn Street requesting that the City Council review the special permit issued to Gibbs Oil Company Limited Partnership at 107 Winn Street relative to removing scrap metal from the site and shielding light from abutting properties. Alderman Gately stated that this matter was to be addressed two years ago and has not been, and that the matter should be referred to committee. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON SPECIAL PERMITS, 8 in favor, 0 opposed, 1 absent (Gaffney absent).

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS: 

 

A communication dated June 9, 2010 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Mary Foley, 13 Franklin St., to the Woburn Council on Aging to fill a vacant term set to expire Dec. 31, 2011; subject to approval by the City Council.

 

Respectfully, s/Scott D. Galvin

 

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

 

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A communication dated June 10, 2010 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Catherine B. Shaughnessy, 31 Scott Street, to the Woburn Board of Cemetery Commissioners; subject to approval by the City Council.

 

Ms. Shaughnessy’s appointment, with term to expire March 30, 2014, replaces outgoing member Shaun Garvey.

 

Respectfully, s/Scott D. Galvin

 

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

 

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A communication dated June 15, 2010 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Jennifer Murray, to serve on the Handicapped and Disabled Citizens Commission with an expiration date of June 15, 2013; subject to confirmation by the City Council.

 

Respectfully, s/Scott D. Galvin

 

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

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MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     Be it Ordained by the City Council of the City of Woburn as follows:

 

That Section 2-180 of the 1989 Woburn Municipal Code, as amended, be further amended by deleting the base salary lines of the City Auditor, Human Resources Director, Library Director, City Solicitor, City Clerk, Clerk of the City Council, and Clerk of the Board of Registrars of Voters, and replacing same with the following new base salary lines:

 

City Auditor $88,023.49
Human Resources Director $87,146.91
Library Director $86,610.87
City Solicitor $86,190.00
City Clerk $72,248.54
Clerk of the Council $10,162.84
Clerk of Board of Registrars

of Voters

$10,162.84

 

This Ordinance shall be effective July 1, 2010.

 

s/President Denaro

 

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

 

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RESOLVED That His Honor the Mayor add 3 Virginia Avenue to the

Citywide Drainage Improvement Bond Initiative.  The North Maple Street Wetlands adjacent to the Woburn Landfill are flooding due to a drainage correction that is collapsed under the driveway at 3 Virginia Avenue.  This is causing the flooding of the surrounding homes on North Maple Street and Virginia Avenue.  I have reviewed the request with the Acting Department of Public Works Superintendent and he agrees that a pipe replacement would take care most if not all of the problem. Further, that the Acting Superintendent of Public Works and the City Engineer prepare a proposal for the Mayor’s approval regarding the matter.

 

s/Alderman Raymond

 

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

Presented to the Mayor June 17, 2010 and ten days having elapsed without same being approved, said ordinance became effective without his signature on June 29, 2010. 

 

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RESOLVED That His Honor the Mayor add to the Citywide Drainage Improvement

Bond Initiative the serious  flooding issue at the the intersection of Indiana

Avenue and 15 Naples Avenue.  I have reviewed the request with the Acting Superintendent of Public Works and he agrees that extending the drain line to the wetlands adjacent to Naples Avenue will take care of most if not all of the problem.  Further, that the Acting Superintendent of Public Works and the City Engineer prepare a proposal for the Mayor’s approval regarding the matter.

 

s/Alderman Raymond

 

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

Presented to the Mayor June 17, 2010 and ten days having elapsed without same being approved, said ordinance became effective without his signature on June 29, 2010. 

 

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RESOLVED Whereas, the Woburn City Council recognizes the National Guard and Reserve are essential to the strength of our nation and the well-being of our communities;  and

 

Whereas, in the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession; they train to respond to their community and their country in time of need; and they deserve the support of every segment of our society; and

 

Whereas, if these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the

Guard and Reserve in preserving our national security;

 

Now, Therefore, Be It Resolved by the City Council of the City of Woburn, that the City of Woburn join other employers in pledging that:

 

  1. The City of Woburn fully recognize, honor and enforce the Uniformed Services Employment and Reemployment Rights Act (USERRA);
  2. The City of Woburn managers and supervisors will have the tools they need to effectively manage those employees who serve in the Guard and Reserve; and
  3. The City of Woburn will continually recognize and support our country’s service members and their families in peace, in crisis, and in war.

 

s/Alderman Haggerty

 

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

Presented to the Mayor: June 18, 2010           s/Scott D. Galvin June 17, 2010

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Motion made and 2nd to ADJOURN, 8 in favor, 0 opposed, 1 absent (Gaffney absent). Meeting adjourned at 8:31 p.m.

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

 

 

 

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