Meeting Agenda
Below is the pasted journal for ADA Compliancy. See attachment to download the full version.
CITY OF WOBURN
MARCH 16, 2010 – 7:30 P.M.
REGULAR MEETING OF THE CITY COUNCIL
Roll Call
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Anderson |
Gately |
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DiTucci |
Haggerty |
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Drapeau |
Mercer-Bruen |
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Gaffney |
Raymond |
Denaro
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VOTED to dispense with the reading of the previous meeting’s Journal and to APPROVE, all in favor, 9-0.
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MAYOR’S COMMUNICATIONS:
Joint meeting with His Honor the Mayor, City Council, School Committee Members, Northeast Regional Metropolitan Vocational School Representative and the city’s State legislative delegation. Appearing at the meeting was His Honor the Mayor Scott D.
Galvin, State Senator Kenneth J. Donnelly, State Senator Patricia D. Jehlen, State
Representative James J. Dwyer, State Representative Jay R. Kaufman, School Committee
Chair Denis M. Russell, School Committee Member Patricia E. Chisholm, School Committee Member Joseph T. Crowley, School Committee Chair Christopher T. Kisiel, School Committee, Member Margarette Masotta, School Committee Member Michael P.
Mulrenan, School Committee Member John M. Wells, Northeast Regional Vocational
School Representative Deborah P. Davis, Superintendent of Schools Mark Donovan, Legislative Aide Joseph Demers, and Legislative Aide Sean Fitzgerald. Mayor Galvin stated that he is disappointed that state aid will be reduced, that health insurance costs and pensions are issues, that House Bill 2509 will address health insurance issues, that this will allow co-pays or deductibles to be changed without union support, that this could save up to $1 million for the city each year, that the city’s pension liability is $4.3 billion and will be extended out from 2028 to 2040, that this will save $300,000.00 in the budget, and that the hotel tax brought in an additional $250,000.00 in revenue. A communication dated March 16, 2010 was received from State Senator Kenneth J. Donnelly, State Senator Patricia D. Jehlen, State Representative James J. Dwyer and State Representative Jay R. Kaufman as follows:
To the Honorable Members of the Woburn City Council and School Committee,
We’re grateful for this opportunity to talk together about the challenges we are facing as local and state officials. This is not an easy time for the citizens of Woburn and it is not an easy time for Aldermen, School Committee Members, or State Representatives and Senators. Because of the economy, our constituents are understandably worried. Sadly, we do not have the financial resources necessary to maintain the level of essential services that they have come to expect. But, if nothing else, we owe them the truth and a redoubling of our efforts both to do all that we can under the present circumstances and to put as many reforms in place now so that we’re on stronger footing when we emerge, as we will, from the fragile and uncertain times we’re now in. The four of us are committed to serving the citizens of Woburn and, happily, work well together. We consult with one another regularly and a request to one of us is a request to all four of us on your State House team.
While we are open to your questions on all topics, two issues stand out as requiring answers.
First, general local aid and Chapter 70 school funding. As you know, the Governor’s budget recommendation suggested level funding for both general local aid and Chapter 70. The chairs of both the House and Senate Ways and Means Committees, together with the Senate President and House Speaker, issued a statement last Friday warning that the state’s revenue picture made it clear that it is unlikely that we will be able to provide level funding for these items without unconscionable and deadly cuts in other state services, principally health and human services. Many Woburn residents rely on these services and too many have seen their services cut or eliminated in the past two years. Because we made no cuts to local aid for several years and only minor cuts in the current fiscal year, we have had to make disproportionate cuts in nearly every other line item in the state budget. To do so again would just be adding yet-more injury to the injury we’ve already caused to vital state services. Our best guess is that, at the end of the budget process, local aid and Chapter 70 might be cut by as much as 3½ to 5%. We are not happy about this, but we really have no choice.
The second issue concerns the City’s home rule petition addressing the future of the Clapp School site. As you know, Representatives Jim Dwyer and Jay Kaufman filed the petition at the request of the Mayor and City Council and on behalf of the citizens of Woburn. That petition was adopted by the City Council on November 17, 2009 and signed by the Mayor a week later. Shortly after that, it was filed with the Clerk of the House and sent to the Committee on Municipalities and Regional Government for review and the required public hearing. Before the public hearing on February 23 of this year, the new Mayor informed the chairs of the Committee that they wanted no action on the bill. The Committee chairs asked for and received further information about the Clapp School site and a report that a majority of the City Council had voted to reaffirm the earlier vote of support for the petition. This past Thursday, March 11, the committee voted to support the petition. It will not be scheduled for a vote on the floor of the House to be followed by a vote by the Senate before being sent on to the Governor’s desk for his signature. In this regard, as in all others, you can count on Woburn’s two State Representatives and two State Senators to work together as we always do.
Sincerely, s/Senator Kenneth J. Donnelly, Senator Patricia D. Jehlen, Representative James J. Dwyer and Representative Jay R. Kaufman
Alderman Gately stated that the biggest cuts in local aid were last year, that the sales tax was increased to 6½%, that local aid will be cut again by 3½ to 5%, that the city cannot go back to homeowners to add more money to the budget, and that the unfunded state mandates have to stop. Senator Donnelly stated the country was in a recession and borderline depression last year, that there was a $5½ billion structural deficit in the budget last year, that over $2 million in stimulus money made up some of the deficit, that we did not create the economic situation in the country, that that we have borne the economic crisis better than other countries, and that we do not want to increase taxes but also do not want to cut taxes that will affect the elderly, disabled or those in need. Representative Dwyer stated that he has a different perspective as state representative compared to when he was an aldermen, that an array of tax proposals were presented including a gas tax, income tax and sales tax, that money had to be raised to go back to the communities, and that when fees and fines are raised people feel they are being “nickeled and dimed” but they do not see the vital programs that are also being cut. Representative Kaufman stated that we are in an economic crisis, that this allows opportunity for structural changes, that the pension liability will be extended to 2040, that there was some recent pension reform, that when we come out of the crisis we will be stronger, that the state has a regressive tax system as those with fewer resources pay a higher share of taxes, that communities have no taxing authority with the exception of the property tax without the state giving the communities authority, that local aid has been held harmless for the last several years, that the Governor had to make a mid-year reduction in local aid based on projected revenues, and that he is not certain that holding off local aid cuts in favor of other human services cuts was the best choice. School Committee Member Masotta stated that she is worried about a person trying to manage their own home and give the best life possible and the mental impact of realizing that the can no longer do so. Alderman Anderson stated that he was not surprised by the reduction in state aid. State Senator Patricia Jehlen entered the Council Chamber. Senator Donnelly stated that the Legislature is working on health insurance, that the pension reform bill is moving forward, that the cost of health insurance in increasing, that 80% of cost of health insurance is generated by 20% of subscribers, that with a high deductible on health insurance 80% of the subscribers will be fine, 15% of subscribers will be in a gray area and 5% of subscribers will see dramatically increased out-of-pocket costs, and that we must protect those who need protection. Representative Dwyer stated that the GIC resulted in some cost saving to communities, and that he will offer an amendment that any GIC surplus will remain in the community rather than going back to the state. School Committee Member Wells stated that out-of-district special needs costs need to be addressed to distribute the cost across the Commonwealth. Senator Jehlen stated that circuit breaker legislation could address this issue, and that if someone with severe special needs moves into a community their needs cannot be abandoned. Alderman Raymond stated that when stimulus money was available the municipalities’ shovelready lists were set aside and the Commonwealth spent the money, and that he understands that a large amount of stimulus money is left over. Representative Kaufman stated that when the stimulus money was being received there was an interest in assuring that the money was spent well and wisely, and that it is better to leave some money in place for future needs. Alderman DiTucci stated that she wanted to know if revenues
have increased as projected. Senator Donnelly stated that the sales tax income has increased, that a turnaround in the economy does not mean money flows into state coffers right away, that there needs to be an increase in jobs to increase income tax collections, that Medicare, health insurance, pensions and wages continue to increase, and that it is unlikely that the candy and soda tax will pass nor the tobacco tax or credit on bottle bills. Vocational School Committee Member Davis stated that she wants to see the vocational school formula changed so that the total budget is determined and it is divided by the number of students in the school and multiplied for each community by the number of students from the community in the school, that Malden, Chelsea and Revere will oppose this as they have had “a free ride” the past few years, and that a proposed bill will reduce a requirement for voting from 100% to 2/3rds of the board members. Alderman Drapeau stated that these are not easy times, and that there has to be a look at how to do things differently rather than doing things the same way. Representative Kaufman stated that the discussion has not really been getting back to basics on health insurance but trying to fix something that is broken, that generally health insurance is provided by an employer and this may have worked 75 or 100 years ago but does not work any longer, and that business were paternalistic then but not now. Senator Jehlen stated that employer provided health insurance is not supportable, that there must be a control of health care costs without hurting the people, that England has a better outcome with half the cost, that reform and end of life care are important issues, and that this will help control costs. Representative Dwyer stated that small business fuels the economy. Senator Donnelly stated that special education costs are an issue across the Commonwealth. School Committee Member Crowley stated that there are other mandates, that homeless transportation, pest control, and checking students weight are all issues that school systems have been charged with, that these may be good ideas but the state cannot keep placing duties on the communities without giving the communities money to perform the duties, that level funding local aid is effectively a cut, and that he wants to know the legislators position on casinos. Representative Kaufman stated that there must be a renegotiation of the relationship between the cities and state on mandates, that he opposes casino gaming, that the revenue is short money and will be in effect a tax on the poor, that those who are least able to afford to do so go to casinos, that the community winds up with people in serious debt, that there is no revenue realized in significant sums, that destination casinos are the “Walmartization of the Commonwealth”, and that all the “mom and pop” shops within a fifty mile radius will dry up. Representative Dwyer stated that he is wide open to the concept of casinos, that there are two in Connecticut and one in Rhode Island, that Massachusetts receives no revenue from these three casinos, that he understands gambling problems, that if a person goes to a casino in Connecticut or Rhode Island and he has gambling problems he comes back to Massachusetts, and that having casinos in Massachusetts will keep the money in the state which can be earmarked for specific needs. Senator Donnelly stated that administrative agencies set up mandates without control by the Legislature, that one-third of the homeless are veterans, that the average age of veterans in need of services is between 40 and 60 years, that there are a tremendous amount of veterans in the trades and out of work, that 50% of those in the trades are out of work, that places like casinos will generate these jobs, and that someone without a job, homeless or not able to provide for their family are social issues. Senator Jehlen stated that the Senate considered a bill on bullying with a mandate for teacher training on bullying but this was taken out of the bill because it would be an unfunded mandate, that the revenue from a casino is not worth the costs, and that the Lottery is an efficient way to get money for local aid. School Committee Member Kisiel stated that he wants to know how much thought goes into a mandate and how it affects other local programs, whether communities will be asked to absorb all special education costs, and whether the Massachusetts School Building Authority (MSBA) reimbursement program will continue. Senator Donnelly stated that some communities have moved up the school building list of the MSBA as other communities have not moved forward with building projects, and that the MSBA program will continue but may be more limited. Alderman Mercer-Bruen stated that she wanted to know what local officials can do to gain certainty that a bill can become a reality. Representative Dwyer stated that local officials can contact the legislators’ offices for information on a bill’s status or follow the bill online. School Committee Member Chisholm stated that measuring students body mass index creates demands on school nurses, requires letters to parents, and results in students comparing their results, that students are already required to have physicals, and that this program does not help students with poor body image and takes away money from other programs. Senator Jehlen stated that this was not a legislative mandate but a mandate from a regulatory department, and that the School Committee could contact the Department of Public Health and request reconsideration of the policy. Representative Dwyer stated that recent ethics reform sounded like a good idea but it created a lot of unnecessary paperwork. Alderman Haggerty stated that health insurance increases on small businesses is an issue as it reduces their ability to hire and that there needs to be relief for small businesses. Senator Donnelly stated that claims experience is what impacts health insurance costs, and that small businesses should be able to pool risk to get better rates. School Committee Chair Russell stated that communities need to receive special education and out-of-district costs answers this year, and that there could be some consideration to bond the costs. Senator Jehlen stated that government has operated too much on a credit card, that there has to be a sustainable way to pay these costs, that she was surprised to learn that the city pays $70,000.00 for homeless student transportation as it indicates a lot of homeless children, and that he would not support bonding operating expenses. School Committee Chair Russell stated that there is a twenty-two page document detailing state mandates prepared by the Superintendent of Public Schools Association. President Denaro stated that there is no point in setting the budget if the state budget and funding mechanism is not certain, and that for one year it may be difficult to manage but it will allow communities to plan. Representative Dwyer stated that such a change would require a constitutional amendment, and that a city’s fiscal year can be changed through the charter process.
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Motion made and 2nd for a five minute recess, all in favor, 9-0.
************************* President Denaro called the meeting back to order.
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ORDERED That the sum of $2,710.00 be and is hereby transferred as so stated from
Recreation Plumbing Repairs Acct #0162052-526200 $1,000.00, Recreation Bus Rentals Acct #0162052-527301 $1,710.00, Total
$2,710.00 to Parks Equipment Acct #0163058-585000 $2,710.00.
I hereby recommend the above: s/James Delong, Parks Superintendent
I hereby recommend the above: s/Rory Lindstrom, Recreation Director
I have reviewed the above. s/Gerald W. Surette, City Auditor
I hereby approve the above. s/Scott D. Galvin, Mayor
s/President Denaro
Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.
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ORDERED That the sum of $2,205.70 be and is hereby transferred as so stated from
Veterans Salary Account #0154351-511000 $2,205.70 to Treasurer Salary Acct #0113851-511000 $882.28, Recreation Salary Acct #0116251511000 $1,323.42, Total $2,205.70.
I hereby recommend the above: s/Lawrence Guissepe, Veterans Agent
I hereby recommend the above: s/Donald Jensen, City Treasurer
I hereby recommend the above: s/Rory Lindstrom, Recreation Director
I have reviewed the above. s/Gerald W. Surette, City Auditor
I hereby approve the above. s/Scott D. Galvin, Mayor
s/President Denaro
Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.
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ORDERED That the sum of $80,000.00 be and hereby transferred as so stated from
DPW Street Lights Acct #0142052-521104 $50,000.00, DPW Administrative Salary Acct #0141151-511000 $30,000.00, Total
$80,000.00, to DPW Overtime Acct #0141151-513100 $80,000.00.
I hereby recommend the above: s/Thomas Quinn, Acting DPW
Superintendent
I have reviewed the above. s/Gerald W. Surette, City Auditor
I hereby approve the above. s/Scott D. Galvin, Mayor
s/President Denaro
Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.
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PUBLIC HEARINGS:
Alderman Gately recused himself from voting on the following matter and left the Council Chamber.
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On the petition by NSTAR Electric Company for a grant of right in a way on Russell Street northerly from pole 257/16 approximately 620 feet northeast of Brook Road a distance of approximately 71 feet to install conduit. PUBLIC HEARING OPENED. A communication dated March 9, 2010 was received from Acting Superintendent of Public Works Thomas C. Quinn as follows:
Dear Mr. Campbell:
I have attached Title 12 Rules to this permit and it is mandatory that the contractor for NSTAR follow our Title 12 Rules for this project on Russell Street. Russell Street is a busy street and Police details will be necessary.
- Russell Street must remain open at all time during construction.
- Police detail as needed.
- Notify Woburn Public Works (3) three days in advance before opening street.
- It is mandatory that all trench openings shall be infrared processed.
- NSTAR must apply for trench permit.
Thank you, s/Thomas C. Quinn
Appearing for the petitioner was Jacqueline Duffy, Rights of Way Manager, NSTAR Electric Company and she stated that this will provide service to a new six lot subdivision. 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 GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED, with the condition as follows: 1. That the recommendations of the Superintendent of Public Works be adopted as conditions of the Grant of Right in a Way, all in favor, 9-0.
Presented to the Mayor: March 18, 2010 s/Scott D. Galvin March 18, 2010
************************* Alderman Gately entered the Council Chamber.
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On the petition by Town Fair Tire Centers of Massachusetts LLC, 460 Coe Avenue, East
Haven, Connecticut 06512 for a special permit pursuant to Section 5.1.22b of the 1985
Woburn Zoning Ordinances, as amended, to allow for a retail establishment between 5,000 square feet to 15,000 square feet (7,600 square feet) at 422-424 Washington Street. PUBLIC HEARING OPENED. A communication dated March 15, 2010 was received from Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:
Re: Special Permit Petition of Town Fair Tire Centers of Massachusetts LLC/422-424 Washington Street, Woburn, Massachusetts
Dear Mr. Campbell:
As you know, the above-referenced Petition to allow for a retail establishment is scheduled for a public hearing before the Woburn City Council on March 16, 2010. In addition, the Planning Board will be continuing its review of the Petition on the same date. In the event that we do not complete review with the Planning Board in time to be present at the scheduled City Council public hearing, we respectfully request that the public hearing be continued to April 6, 2010 which is the scheduled date of the Special Permit Petition for the repair of tires.
Thank you for your cooperation.
Very truly yours, s/Joseph R. Tarby, III
A copy of a communication to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer as follows:
Subject: Washington Street – Town Fair Tire Special Permit
Plans Dated January 15, 2010
Drainage Calculations Dated January 15, 2010
Development Impact Statement Dated January 15, 2010
Traffic Impact and Assessment Report January 15, 2010
This office has reviewed the plans, drainage calculations, development impact statement for the above referenced project and offers the following comments.
The applicant is proposing a 7,600 SF building on Washington Street for retail sales and tire installation. The building will be serviced by municipal utilities and access will be off of Washington Street.
Water
The site utility plan SU-1 shows the proposed building being serviced by an 8” ductile iron water main for their fire suppression system with a 2” copper domestic water service. Both connections confirm to city standards and this office takes no exception to the connections as shown. Typically a tapping sleeve and valve are not allowed, however, the Water Department has approved this type of installation at this facility.
Sewer
The site utility plan SU-1 shows the building will be serviced by a 6” PVC sewer service to the existing sewer main on Old Washington Street. This service conforms to city standards and this office takes no exception to the sewer service as shown.
Drain
The Grading and Drainage Plan GD-1 shows the site will be mitigated by site catch basins connecting to a series of underground detention system to mitigate the onsite runoff. There is a 12” line that connects underground detention system 2 to the municipal drainage system. The submitted drainage calculations show that the post development conditions are reduced from predevelopment conditions. This office takes no exception to the drainage design and calculations as submitted.
Traffic
The applicant has submitted a traffic report which outlines the impacts under the build and no build scenarios for the proposed developments. The report also states that the project expects to generate 190 new trips during the average weekday and approximately 35 and 40 new trips during the weekday evening and Saturday midday peak hour.
The report concludes that the No-Build and Build conditions indicate that the traffic operations will continue to operate at acceptable levels (LOS D) or better and that does not expected to have any noticeable effect on traffic operations at the study intersections.
Although the project will not have an appreciable effect on the LOS, due to the existing level of service, it would be prudent to accept mitigation funds for this project to upgrade local traffic signals in the general project area. The applicant has indicated that the mitigation funds would be approximately $21,000 and these monies would be applied to traffic signal upgrades.
Miscellaneous
The development impact statement outlines traffic and utility assessments as per Section 18 of the Woburn Zoning Ordinances.
An as-built drawing in AutoCAD format along with a hard copy of the plan will need to be submitted to this department upon completion of the project as part of the permanent record.
If you or the board have any questions concerning this information, do not hesitate to contact this office.
A copy of a communication dated March 1, 2010 was received from Patricia A.
Leavenworth, P.E., District Highway Director, MassDOT, Highway Division, District 4, 519 Appleton Street, Arlington, Massachusetts 02476 advising that an application for a permit to access the state highway has not been received at this location at this time. Appearing for the petitioner was Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that this is a petition for a retail use of approximately 7,600 square feet and a second special permit to allow auto repair will be heard by the City Council on April 6, 2010, that the Planning Board Director believed that the installation of tires required an auto repair special permit, that the petitioner is known as a retailer, that the petitioner has an agreement to purchase the locus contingent upon obtaining the special permits, that this is not an impulse use, that this is a destination location, that there is low traffic volume, that the former W.R. Grace site will require significant off-site mitigation, that the former motor vehicle dealership is now owned by another motor vehicle dealer and mitigation will likely be required for that property as well, that the self-storage use at the locus restricts turns out of the locus to right turn only and the petitioner would agree to this same restriction, that there are only two lots at the site, that the Planning Board Director made a favorable recommendation for the petition but the board voted four in favor, three opposed for an unfavorable recommendation, and that the Planning Board Director had proposed twenty conditions.
Attorney Tarby offered the following documents to the City Council for review: 1. Comparison of Town Fair Tire services provided relative to comparable nearby businesses, 2. Reduced size of a plan entitled “Proposed Retail Development, 420 & 424 Washington Street, Woburn, Middlesex County, Massachusetts – Fence Plan” prepared by BL Companies dated 03/16/10, 3. Report by Vanasse Hangen Brustlin, Inc. dated March 15, 2010 entitled “Proposed Town Fair Tire, 420 & 24 Washington Street,
Woburn, Massachusetts, Supplemental Traffic Analysis”, 4. Report by Vanasse Hangen Brustlin, Inc. dated February 23, 2010 entitled “Proposed Town Fair Tire, 420 & 24 Washington Street, Woburn, Massachusetts, Queue Summary”, 5. Report from Brett F.
Gonsalves, Senior Engineer, Woburn Engineering Department to Edward Tarallo,
Planning Director stated June 24, 2008 entitled “Washington Street – Town Fair Tire
Special Permit – Plans Dated January 15, 2010 – Drainage Calculations Dated January 15,
2010 – Development Impact Statement Dated January 15, 2010 – Traffic Impact and
Assessment Report January 15, 2010, 6. Reduced size of a plan entitled “Proposed Retail Development, 420 & 424 Washington Street, Woburn, Middlesex County, Massachusetts – Site Plan” prepared by BL Companies dated 01/15/10, 7. Photograph of Town Fair Tire facility, 8. Preliminary Elevations plan dated February 18, 2010, 9. Summary of Town Fair Tire business operations, 10. Memorandum dated March 15, 2010 from Attorney
Joseph Tarby entitled “Petition of Town Fair Tire Centers of Massachusetts LLC”, and
11. Plan entitled “Proposed Retail Development, 420 & 424 Washington Street, Woburn, Middlesex County, Massachusetts – Fence Plan” prepared by BL Companies dated 03/16/10. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. Mike Barbaro, Senior Vice President, Town Fair Tire Centers of Massachusetts LLC stated that the company has been in business since 1967, that the petitioner has 78 stores in New England, that the business started in Fairfield, Connecticut, that the petitioner’s business is the sale and installation of passenger or small truck (pick-up trucks, vans and SUVs) tires, that they do not sell tires for large trucks, that they perform wheel balance and alignment service making adjustments but not providing parts, that their hours of business are Monday 8:00 a.m. to 7:00 p.m., Tuesday through Friday 8:00 a.m. to 6:00 p.m., Saturday 8:00 a.m. to 4:00 p.m. and they are closed on Sundays, that the customer selects the tires before making the purchase, that each store is neat and clean, that there is a waiting area for customers, that there are five bays that are fully air-conditioned, that four bays are used for tire installation and one bay is used for alignments, that the bay doors automatically close after ninety seconds, that there is no outside work performed, that no vehicles are stored inside or outside of the facility at night, that used tires are picked up from the locus on a weekly basis, that approximately three to five businesses per week will be received, that no auto repairs will be performed at the facility, that no tow truck or flatbed truck deliveries will be made to the locus, that their corporate delivery truck will deliver tires once a day to the locus, that a UPS truck will deliver other supplies to the locus approximately once each month, that he cannot say that a vehicle will never be towed to the locus, that if mechanical work is needed they cannot service the vehicle, and that if the service required for a towed vehicle was tires then they could provide the service. Geoffrey Fitzgerald, BL Companies, 355 Research Parkway, Meriden, Connecticut, 06450 stated that there are thirty-eight parking spaces, that parking is primarily in the front of the locus, that the plan meets the parking requirements, that the building is 7,600 square feet, that the dumpster and tire corral are at the back of the building on a concrete pad, that site prep work has been completed, that the locus will be rough graded and construction will begin, that utilities are available under Old Washington Street, that stormwater will be handled in a proposed underground detention system with a hook-up to the MassHighway system, and that the City Engineer had no concerns with the design of the water system. Patrick Dunford, Vanasse Hangen Brustlin, Inc., 101 Walnut Street, Watertown, Massachusetts
02471-9151 offered a report dated March 16, 2010 entitled “Town Faire Tire Traffic
Overview – Woburn Planning Board – Woburn City Council – Proposed Town Fair Tire – 420 & 424 Washington Street” to the City Council for review. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. Mr. Dunford stated that there will be a right turn exit only onto Washington Street, that they will not change this condition, that entering the locus on a left turn will be permitted, that this is a left turn lane with two opposing lanes of traffic, that there are good levels of service, that they timed the traffic during the morning, mid-day and evening drive times, that there has to be a gap in the traffic of a certain length to allow turns, that they projected fifteen vehicles can be processed but found that 290 vehicles can be processed safely during the afternoon based on observations, that they projected twenty vehicles but found 350 vehicles turn opportunities based on actual observations, that they looked at the Hogan Tire facility for comparison and found that there was an average delay of ten seconds to enter the lot, that the Hogan Tire location has a queue of southbound traffic at the light but that this does not exist at Town Fair Tire, that they looked at the NTB facility which is double the petitioner’s business but the traffic pattern is similar, that there was a delay of eleven seconds for left turn into the property, that they compared the Billerica Town Fair Tire location with actual numbers that was half the projected traffic volume with the actual facility, that this is an efficient driveway operation, that they are not seeking left exits from the property, that the traffic engineer looked at the project as a tire store use, that a customer purchase from the petitioner is a destination trip as opposed to an impulse purchase, that the use does not compare to the number of vehicles to a Dunkin Donuts and is more comparable in impact to the self-storage facility, that they looked at the projected traffic growth rate, that there is ample evidence that the turns can work, that the island treatment is standard and will work, that there is no need to widen the roadway as there is ample pavement, that the bridge does need to be widened, and that people will be aware of the left turn restriction from the property and will find their way to where they want to go. Neal Mellon, President and Owner of Town Fair Tire stated that this is the concept they have been using since the opening, that they will not do automotive repairs, that they sell tires and balance and mount the tires, that twenty customers per day equals
6,000 customers per year which is $3,000,000.00 in revenue, that there is an average of 5½ customers or eleven trips per hour each day throughout the week, that if two customers per hour purchase tires then they can survive, that people do not come in to browse tires but to buy tires, that they employ three to four people in the front, one alignment person and four to five people in the back, that most tire changers are full-time, and that he would be happy to prohibit towing of a vehicle on a flatbed to the site and to divert those situations to their other locations. Alderman Mercer-Bruen stated that she has heard the petitioner’s facility described as a “tire supermarket” which description on that site concerns her, that she is concerned about a left turn from the lot, that the period of 12:00 noon to 2:00 p.m. is not in the calculation but is a busy travel time, that the Washington Street bridge is a weak link in that area, that there is a detail police officer assisting with the construction vehicles at the site and even with that detail it takes longer than five seconds to take a turn into the lot, that her personal experience does not conform to the data presented, that there is a high rate of traffic accidents in the area, that the left turn is her biggest concern with the site, that the self-storage facility is a low impact use and a good fit, that the NTB facility was to be tires and no repairs but they now do repairs as well, that this project will cause traffic problems on Washington Street, and that she will not support the proposal with a left turn into the site. Alderman Gately stated that he supports new business, that this is the worst intersection in the city, that the left hand turn and restrictions on traffic have to be worked on, that there are serious questions before this project can move forward, and that the island will not work. Alderman Drapeau stated that there have been a number of improvements in that area over the years, that he supports new business, and that the model is too complicated a mix with selling and installing tires. Alderman Raymond stated that he is not opposed to business and new revenue streams however the City Council must look at the nightmare that is already in that area, and that he wants to consider the project more to see if it makes the situation worse. Alderman Anderson stated that there has to be consideration as to how vehicles which want to turn left but cannot will turn right and reverse their direction. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that the area of Mishawum Road, Commerce Way and this end of Washington Street are a blessing to the city, that NTB was not a business that was well-received in the city, that it was located there because of a sliver of land, that this is a proper business in this location, that there should be an island in the middle of Washington Street from Mishawum Road to Cedar Street, and that this is a low impact business, a small building and has few employees. OPPOSED: Denise Caprio, 29 Hudson Street stated that there are traffic problems on that street. Donald Graham, 10 Clinton Street stated that he does not support the petition, that he attended the Planning Board meeting and understood that the matter would be open for discussion, that he believes that when the storage facility was approved there would only be the storage facility on the site, and that he was surprised that there was potential for more business on that site. Barbara Pinkham, 9 Garden Terrace stated that she opposed the petition, that the selfstorage facility proposal was that the project would generate low impact, that now this new proposal is being described as low impact, that she wants to know if consideration has been given to the cumulative effect of these low impact projects, and that left turns would be dangerous because of two lanes of oncoming traffic. Ralph Callahan, 12 Garden Terrace stated that he opposes the petition, that this is a major access point from Route 93, Route 95/128, Washington Street, Commerce Way and Mishawum Road for not only Woburn but also surrounding communities, that this proposal will make the traffic condition worse, that the residents of the area deserve quality of life, and that there should be only right turns allowed into and out of the site. Mr. Callahan offered photographs of the area for the City Council to review. Motion made and 2nd that the photographs be received and made part of the record, all in favor, 9-0. Dennis Scott, 21 Washington Street stated that he is not against the company, that he is against the location, that customers will have to leave the locus by a right turn only, that he has resided on Washington Street for fifty-six years, that Washington Street was one lane and widened to two lanes which improved conditions, that this proposal will allow a left turn from one of the lanes, that the traffic pattern is already confusing, and that he wants to know how many lots are available for development at this location. Diane Downey, 47 Richard Circle stated that she travels this road every day, that she works at Hogan Tire, that the left turn lane is difficult, and that she is opposed to additional traffic in that area. A communication dated February 21, 2010 was received from Ralph J. Callahan, 12 Garden Terrace opposed to the petition. A communication dated March 2, 2010 was received from Barbara Pinkham and Doreen Pinkham opposed to the petition. Attorney Tarby offered a draft copy of the Planning Board decision to the City Council for review. Motion made and 2nd that the draft Planning Board decision be received and made part of the record, all in favor, 9-0. Motion made and 2nd that the PUBLIC HEARING be
CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON APRIL
13, 2010 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS FOR FURTHER REVIEW, all in favor 9-0.
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CITIZEN’S PARTICIPATION: None.
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COMMITTEE REPORTS:
FINANCE:
On the Order to transfer the sum of $100,000.00 from ALS Ambulance Receipts Account to Ambulance Salaries, 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: March 18, 2010 s/Scott D. Galvin March 18, 2010
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On the Order to transfer the sum of $62,500.00 from Ambulance Salaries to Fire Department Overtime ($50,000.00) and Apparatus maintenance ($12,500.00), 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: March 18, 2010 s/Scott D. Galvin March 18, 2010 *************************
On the Order the transfer the sum of $8,575.00 from Fire Sick Leave Buyback Account to Fire Department Overtime 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: March 18, 2010 s/Scott D. Galvin March 18, 2010
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On the Order to transfer the sum of $18,821.75 from Non-Contributory Retirement
Account to Engineering/Sick Leave Buy Back 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: March 18, 2010 s/Scott D. Galvin March 18, 2010
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On the Order to rescind certain authorized and unissued bond authorizations for the
White Elementary School and Woburn Memorial High School, the Shamrock Elementary
School, the Reeves Elementary School, the Refinancing – Police station, School Remodeling, and the Water Treatment Plant, committee report was received “ought to pass”. Alderman Drapeau stated that this matter should be returned to committee, and that the City Auditor should provide a report concerning the White Elementary School and Woburn Memorial High School project providing a breakdown of what was paid and the impact on the actual tax bill. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.
************************* MUNICIPAL LANDS/HIGHWAYS:
On the matter relative to the sewer easement at 23 Rainin Road, committee report was received that the following Order “ought to pass”:
ORDERED That the Mayor be authorized to release and convey, for nominal
consideration, the fee interest in a certain parcel of land located at 23 Rainin Road, Woburn, MA, being shown as “City of Woburn – Sewer
Easement 20.00 Wide,” as is located on Lot 5 on that certain Land Court
Plan No. 33379D, filed with the Middlesex South District Registry of Deeds with Certificate of Title 157417, subject to the retention by the City of Woburn of a sewer easement over said parcel conveyed.
s/Alderman Gately
Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: March 18, 2010 s/Scott D. Galvin March 18, 2010
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NEW PETITIONS:
Petitions for renewal of Taxi Cab Licenses by Abdulla Nasser dba AACO Travel Taxi
Services, 329 Washington Street; Mourad Djiar dba ABCE Cab of Woburn, 165 New Boston Street, Suite M241; Bombay Taxi Inc., 165U New Boston Street; Mohamad S.
Moharam dba First Cab of Woburn, 29 Cummings Park, Suite 440; and Ali A. Saleb dba Metro Cab Service, 21 Cummings Park, #224. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.
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Petition for renewal of Livery License by Patricia Porrazzo dba Hollywood Limousine Co., 4 Skyview Lane. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.
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Petition for renewal of Common Carrier License by Boston Tours, Inc., 56 Williams Street, Woburn, Massachusetts 01801. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.
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Petition by Woburn Bowladrome Inc., 32 Montvale Avenue for renewal of a Bowling Alley License. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.
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Petition by 88 Winn Street LLC, 89 Winn Street, Woburn, Massachusetts 01801 for two special permits pursuant to 1985 Woburn Zoning Ordinances, as amended, as follows: 1.
To allow for accessory storage or parking of commercial motor vehicles under Section
5.1.57b, and 2. To allow for the alteration of an existing use in the Groundwater
Protection District under Section 16.6.C, both at 88 Winn Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.
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Petition by Mario Abruzzese, 80 School Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.5 of the 1985 Woburn Zoning Ordinances, as amended, to allow the placements of approximately 1,200 cubic yards of fill to construct a level backyard at 80 School Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.
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Petition by Bradco Supply Inc., 8 Draper Street, Woburn, Massachusetts 01801 for three special permits pursuant to Sections 5.1.42, 5.1.57b and 8.2.5 of the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. To allow for warehouse/wholesale use under Sec. 5.1.42; 2. To allow for accessory parking of commercial vehicles under Sec. 5.1.57b; and 3. A reduction of one-third of the required parking spaces for a mixed use under Sec. 8.2.5, all at 8 Draper Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.
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Petition by Nextel Communications c/o Clear Wireless LLC, 960 Turnpike Street, Suite
28, Canton, Massachusetts 02021 for a special permit pursuant to Section 5.6 of the 1985 Woburn Zoning Ordinances, as amended, to allow modification of an existing wireless communications link by replacing three (3) panel antennas and installing two (2) additional backhaul antennas at 21 Warren Avenue. 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 March 11, 2010 was received from Charles L. O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:
In accordance with Massachusetts General Laws Chapter 90, Section 20½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending February 2010: number of parking violations issued 386, number of violations paid 201, number of violations outstanding 155, amount collected and submitted to the Office of the Collector $12,918.60. There exists a backlog of 5,288 tickets for 1982 through 2009. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $2,700.00.
Respectfully submitted, s/Charles L. O’Connor, Parking Clerk City of Woburn
Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.
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UNFINISHED BUSINESS OF PRECEDING MEETING:
On the communication relative to a Notice of Intent to Sell pursuant to M.G.L. Chapter
61A a certain parcel of land known as the Spence Farm Stand Parcel located between Lowell Street and Wyman Street. On March 3, 2010 at 3:46 p.m., President Denaro filed a notice of intention to move for reconsideration of his vote made on March 2, 2010 in support of the motion to receive and place on file the communication. Motion made by President Denaro and 2nd for reconsideration of the motion to receive and place on file the Notice of Intent to Sell pursuant to M.G.L. Chapter 61A relative to a parcel of land known as the Spence Farm Stand Parcel between Lowell Street and Wyman Street, all in favor, 9-0. President Denaro stated that this matter should have been referred to the Committee on Municipal Lands for discussion. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON MUNICIPAL LANDS, 8 in favor, 1 opposed (Haggerty opposed).
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APPOINTMENTS AND ELECTIONS: None.
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MOTIONS, ORDERS AND RESOLUTIONS:
ORDERED Be It Ordained by the City Council of the City of Woburn that Title 2, Article XXXVI of the 1989 Woburn Municipal Code, as amended, be hereby further amended by adding a new Section 2-234 as follows:
2-234 Woburn Conservation Commission
A member of the Woburn Conservation Commission shall be considered a special municipal employee under Massachusetts General Laws Chapter 268A.
s/Alderman Gaffney
Alderman Drapeau stated that he wants a legal opinion before action is taken on these special municipal employee requests. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, AS AMENDED, with the
amendment as follows: That a communication be forwarded to the City Solicitor requesting a legal opinion as to the process for designating special municipal employees in view of the changes to the conflict of interest law, all in favor, 9-0.
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RESOLVED Whereas, the United States Census Bureau will mail census forms to 130 million addresses across the nation over the next few weeks; and
Whereas, the information collected during the census will be used to determine the allocation of representatives in Congress, will be used to calculate federal and state funding available to communities, and will be used to redistrict wards and precincts in the city of Woburn; and
Whereas, the Census Bureau will hire more than 1,200,000 people to conduct field operations to obtain data from households which do not respond to the census by mail; and
Whereas, the Census Bureau will save $60.00 to $70.00 for each census form that is returned by mail rather than requiring a field visit; and
Whereas, the Census Bureau will save approximately $85,000,000.00 for every one percent increase in mail return participation; and
Whereas, the census form used this year will be one of the shortest in U.S. Census history asking ten questions and taking ten minutes to complete;
Now, Therefore, Be It Resolved by the City Council of the City of Woburn that all the residents of the city be urged to take a few moments to respond to the U.S. Census by mail in order to ensure the city’s representation in Congress, to qualify the city for federal and state funding it is entitled to, and to save the unnecessary expense of field visits.
s/President Denaro
Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.
Presented to the Mayor: March 18, 2010 s/Scott D. Galvin March 18, 2010
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RESOLVED Whereas, the purpose of the Boy Scouts of America, incorporated on February 8, 1910, and chartered by Congress in 1916, is to provide an educational program for boys and young adults to build character, to train in the responsibilities of participating citizenship, and to develop personal fitness; and
Whereas, for nearly 100 years, the Boy Scouts of America has been teaching values and leadership and preparing young people to make ethical choices over their lifetimes by instilling in them the values of the
Scout Oath and Law; and
Whereas, Scout Law provides that Scouts be trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean and reverent; and
Whereas, the Boy Scouts of America endeavors to develop American citizens who are physically, mentally, and emotionally fit; have a high degree of self-reliance as evidenced in such qualities as initiative, courage, and resourcefulness; have personal values based on religious concepts; have the desire and skills to help others; understand the principles of the American social, economic, and governmental systems; are knowledgeable about and take pride in their American heritage and understand our nation’s role in the world; have a keen respect for the basic rights of all people; and are prepared to participate in and give leadership to American society; and
Whereas, to earn the Eagle Scout rank, the highest advancement rank in Scouting, a Boy Scout must fulfill requirements in the areas of leadership, service, and outdoor skills; and
Whereas, Andrew Krause has been recognized for fulfilling all the requirements necessary to advance to the rank of Eagle Scout;
Now, Therefore, Be It Resolved by the City Council of the City of
Woburn that the residents of the City of Woburn extend their warm and
proud congratulations to Andrew Krause for his dedicated work and accomplishments in attaining the rank of Eagle Scout and their best wishes for his continued success in his future endeavors.
s/Alderman Drapeau
Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.
Presented to the Mayor: March 18, 2010 s/Scott D. Galvin March 18, 2010
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Motion made and 2nd to suspend the rules for the purpose of adding the following late filed matters to the Order of the Day, all in favor, 9-0.
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Petition by New Boston Auto Exchange, 210 New Boston Street for renewal of Second Hand Motor Vehicle Sales License. Motion made and 2nd that the MATTER be
REFERRED TO COMMITTEE ON POLICE AND LICENSE, all in favor, 9-0. _________________________
A communication dated March 16, 2010 was received from Andrew Thompson, Agent for Clearwire requesting that the petition by for a special permit pursuant to Section 5.6 of the 1985 Woburn Zoning Ordinances, as amended, to allow modification of an existing wireless communications link by replacing three (3) panel antennas and installing two (2) additional backhaul antennas at 21 Warren Avenue be amended to read “pursuant to Section 7.3 Pre-Existing Non-Conforming Use” in place of “pursuant to Section 5.6”. Motion made and 2nd that the MATTER be RECEIVED AND MADE PART OF THE RECORD, all in favor, 9-0.
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A copy of a communication dated May 12, 2010 from State Representative Jay Kaufman was received from Alderman Rosa DiTucci regarding the Clapp School Home Rule Petition. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON
FILE, all in favor, 9-0.
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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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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 10:38 p.m.
A TRUE RECORD ATTEST:
William C. Campbell
City Clerk and Clerk of the City Council