Meeting Agenda

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

CITY OF WOBURN

MAY 16, 2006 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

                                                Ciriello                        Gately

                                                Denaro                       Galvin – Late

                                                            Drapeau                      Gonsalves

                                                Dwyer                         Mercer-Bruen

Doherty _________________________

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

_________________________

MAYOR’S COMMUNICATIONS: 

ORDERED    That the sum of $9,900.00 be and is hereby transferred from the following

accounts Recreation Maintenance Account #0162052-526301 $1,000.00, 0162052-526304 $400.00, 0162052-526305 $1,500.00, 0162054-558202

$1,000.00, 0162052-526303 $150.00, 01620052-526301 $1,000.00,

0162052-527202 $1,500.00, 0162054-543000 $1,000.00, 0162058-586500

$1,500.00, 0162058-585000 $850.00 to Recreation Salary Account #0162051-512010 for the purpose of preparing the parks and pools for summer programs.

I hereby approve the above. s/Thomas Jones Jr., Director of Recreation

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

I hereby approve the above. s/Gerald Surette, City Auditor

s/Alderman Mercer-Bruen

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

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

ORDERED     That the sum of $320,738.00 be and is hereby appropriated as so stated from Free Cash 01-356000 $320,738.00 to Police 0101051-511000 Regular

Salary $41,486.00, 0121051-512700 Reserves $21,000.00, 0121051-512800

Matrons $4,000.00, 0121051-513100 Overtime $142,000.00, 0121051-

515400 Sick Leave Buy Back $13,428.00, 0121052-524600 Auto

Maintenance $14,908.00, 0121052-530100 Medical $21,883.00, 0121052-

525200 Radio Maintenance $6,000.00, 0121054-543000 Building

Maintenance $18,033.00, 0121054-548100 Gasoline $30,000.00, 0121054558400 Uniforms $2,000.00, 0121052-521102 Heat $6,000.00.

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

I hereby recommend the above. s/ Philip L. Mahoney, Chief of Police

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

s/President Doherty (per request)

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

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

ORDERED     That the sum of $50,000.00 be and is hereby transferred as so stated from Unemployment Compensation0198051-517300 $20,000.00, Medicare Match 0198051-517600 $30,000.00 to Property & Liability Insurance 0198051-517540 $50,000.00.

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

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

s/President Doherty (per request)

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

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

ORDERED     That the sum of $165,000.00 be and is hereby appropriated as so stated from Free Cash 01-356000 $165,000.00 to DPW Electrical – Various

$130,000.00, 0143054-548100 Gas & Oil $51,000.00, 0142852-521200

Garage/Gas $15,000.00, 0141352-521300 Nat. Gas/City Hall $20,000.00,

0141352-521100 Elec/City Hall $4,000.00, 0142852-521100 Elec/Garage

$4,000.00, 0143552-521501 Util/Public Bldgs $13,000.00, 0141952-521100 Elec/Traffic $9,000.00, 64252-521300 Heat/Water Ent. $9,000.00, 64152-

521100 Elec/Sewer Ent. $5,000.00, DPW Security 0143658-585212 $25,000.00, Veterans Cash Aid 0154357-577000 $10,000.00, Total $165,000.00.

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

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

s/President Doherty (per request)

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

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

ORDERED     That the sum of $10,000.00 be and is hereby transferred as so stated transferred out of Police Legal Services 0121052-530400 $10,000.00 transferred into Police Gasoline 0121054-548100 $10,000.00

I hereby approve the above: s/Mayor Thomas McLaughlin

I have approved the above: s/Chief Philip L. Mahoney

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

s/President Doherty (per request)

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

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

ORDERED     Be it ordained by the City Council of the City of Woburn that $300,000.00 is appropriated for the purpose of financing the implementation of portions of the City’s Stormwater Management Plan (as required for compliance with the Phase II EPA Stormwater Permit) including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, as most recently amended by St. 1998, c.78; that to meet this appropriation the Treasurer with the approval of the Mayor and the is authorized to borrow $300,000.00 and issue bonds or notes therefore under G.L. c. 44, sec. 7(1), and/or Chapter 29C, as most recently amended by St. 1998, c.78; that such bonds or notes shall be general obligations of the City unless the Treasurer with the approval of the Mayor and the Auditor determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C, as most recently amended by St. 1998, c.78; that the Treasurer with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C, as most recently amended by St. 1998, c.78; and in connection therewith to enter into a loan agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; that the Mayor is authorized to enter into a project regulatory agreement with the Department of

Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project.

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

s/President Doherty (per request)

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

_________________________

PUBLIC HEARINGS:  

On the petition by James Bumann and Tracey Bumann, 74 Leighton Lane, Tewksbury,

Massachusetts 01876 for a special permit pursuant to Section 5.1.44 of the 1985 Woburn

Zoning Ordinances, as amended, to allow for an automobile and truck repair garage at Unit 27, 10 Draper Street. PUBLIC HEARING OPENED. A copy of a communication dated May 8, 2006 from Brett F. Gonsalves, Senior Engineer to Edmund P. Tarallo, Planning Director was received as follows:

Subject: 10 Draper Street – Unit 27 – Special Permit – Special Permit application dated 4/3/06 – Plan dated 10/24/05

This office has reviewed the Special Permit application and plan for the above referenced project and offers the following comments:

The submitted site plan shows unit 27 being used as an automobile and truck repair facility. This office has verified with the Plumbing Inspector’s office that floor drains and oil and water separators have been installed. Therefore this office takes no exception to the Special Permit application as submitted.

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

A communication dated May 11, 2006 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

Re: Petition of James and Tracey Bumann, Unit 27, 10 Draper Street, Woburn, MA

Dear Mr. Campbell:

Due to the fact that the property owner is not be available on Tuesday, May 16, 2006, I respectfully request that the public hearing on this matter be further continued to the City Council meeting scheduled for June 6, 2006. If you need any further information, please contact me.

Very truly yours, s/Joseph R. Tarby III

Appearing for the petitioner was Attorney Joseph Tarby and he stated that the landowner would like to be present for the public hearing and was not available. IN FAVOR: None. OPPOSED: None. PUBLIC HEARING CLOSED. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY

COUNCIL ON JUNE 6, 2006, all in favor, 8-0-1 (Galvin absent).

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

On the petition by Winning Auto Services, Inc., 280 Salem Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.1.57b and Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the outside storage of commercial motor vehicles at 280 Salem Street. PUBLIC HEARING OPENED. A report from the Committee on Special Permits was received as follows: “back for action”.

Appearing for the petitioner was Attorney Joseph Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801. Attorney Tarby offered a communication dated May 15, 2006 contain a list of proposed conditions to the City Council for review and a copy of a notice to be given drivers who will use the truck route when going to or leaving the locus. Motion made and 2^nd that the documents be received and made part of the record, all in favor, 8-0-1 (Galvin absent). The communication dated May 15, 2006 with attachment from Attorney Tarby to the City Council was as follows:

As a follow-up to the Special Permits Committee Meeting last week, enclosed please find a list of proposed conditions that have been discussed with Alderman Bruen for your review and comment.

PETITION OF WINNING AUTO SERVICES, INC.

PROPOSED CONDITIONS MAY 15, 2006

1. The Plan-of-Record shall be the plan entitled “278-280 Salem Street, Woburn, MA” prepared for Winning Auto Services/David Taylor dated April 20, 2006, as revised on May 9, 2006, prepared by Allen & Major Associates, Inc., 100 Commerce Way, Woburn, MA (the “Plan”).

1. The Petitioner shall comply with the following conditions set forth in the Planning Board recommendation dated May 1, 2006, as modified:

1. 1. That the storage of vehicles shall be limited to one hundred (100) vehicles, which include the following ten (10) commercial vehicles owed by the Petitioner:

i.          Four (4) tractor trailer car haulers                          ii.         Three (3) four car carriers

iii.        Three (3) ramp trucks

1. 1. That all tractor trailer truck haulers traveling out of state shall be limited, when exiting the premises, to traveling east on Salem Street to the Interstate.

1. 1. That the hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday.

1. 1. That the storage of unregistered vehicles on the premises shall be limited to no more than thirty (30) days.

1. With the exception of the streets referenced in Condition No. 2(b) above, the Petitioner’s tractor trailer car haulers shall not use any City of Woburn streets.

1. The pick up of customer vehicles within the City of Woburn shall be limited to the use of the Petitioner’s two and four vehicle ramp trucks.

1. The Petitioner shall retain on the premises a log book listing the date a vehicle is delivered to the premises, as well as the make, model and vehicle identification number of said vehicle.

1. The Petitioner shall install landscaping as shown on the Plan and clean up the area along the fence line next to the residential dwelling on the premises.

1. All loading and unloading of vehicles shall take place behind the building and within the “approximate limits of Winning Auto Services lease area” as shown on the Plan.

1. Except for the Petitioner’s commercial vehicles, there shall be no trucks, recreational vehicles, boats or planes stored on the premises.  This Special Permit shall be limited to the transportation of passenger vehicles only.

1. The sale of vehicles on the premises shall be prohibited.

1. All vehicles parked on the site must be parked within the “Vehicle Parking Area” as shown on the Plan.

1. All of the Petitioner’s commercial vehicles shall be parked within the “Truck Parking Area” as shown on the Plan.

1. No “junk cars” shall be stored on the premises.

1. The Petitioner shall install security cameras to monitor after hours activity on the premises.

1. Upon issuance of this Special Permit, the Petitioner shall provide to the Ward 5 Alderman, with a copy to the City Clerk, the names and telephone numbers of three (3) individuals who will have responsibility to respond to any security calls on the premises after hours.

1. At the end of business each day, the Petitioner shall close and lock the gate leading to the premises.

1. All commercial vehicles owned by the Petitioner and parked on the site overnight shall be registered in the City of Woburn.

1. In the event that the Woburn Police Department finds that Condition No. 2(b) and Condition No. 3 are not abided by, they shall have the authority to impose a fine upon the Petitioner of up to Two Hundred Fifty and 00/100 ($250.00) Dollars for each infraction.

1. This Special Permit is granted to the Petitioner and shall not run with the land.

1. The rights under this Special Permit, unless further extended by a vote of the City Council, shall expire on the earlier of:  (i) the property owner exercising its right under a certain Special Permit Decision filed with the City Clerk’s office on September 24, 2004 allowing for the construction of an indoor sports facility; or May 31, 2009.

1. This Special Permit shall be subject to an annual review by the Special Permits Review Committee.

Attorney Tarby stated that at the time the landowner acquired this property there were hundreds of tires and vehicles on the property, that there is an investment in office space and personnel which the petitioner must recover and the three year petition allows this to occur, and that donated vehicles cannot have broken glass or flat tires. Paul DeCaprio of Winning Auto Services, Inc. stated that donated vehicles must be complete, that the vehicles are picked up on small trucks from the donor and then brought on larger trucks to a location in Manchester, New Hampshire, that he employs ten people, and that he has assured the City Council in the past that his vehicles will not be using the streets of the city,. Alderman Galvin arrived in the Council Chambers. Alderman Drapeau stated that this is not a good use for the site and it should not be a long-term use, that he wants to limit the use as much as possible until the desired use of the recreational facility is built, that if the petitioner is limited to working with the two organizations described in the proposal then this will limit the possibility of the use from becoming too busy, that if the petitioner had said in committee that it would be uneconomical to limit the business to two vendors then he would have withdrawn it, that he is trying to weigh the needs of the neighborhood with the business, and that the petitioner agreed to this restriction. Alderman Gonsalves stated that she would like an annual renewal of the special permit rather than the three year approval. Alderman Mercer-Bruen stated that there were lengthy discussions on the conditions for the special permit, that the litigation concerning the special permit for the recreational facility may take more than a year to settle, that the petitioner needs opportunity to recover his investment, that she is comfortable with the annual review, that she is concerned with the quality of life in Ward Five, that the petitioner contends that they have the right to operate the business without the special permit, that she appreciates the opportunity to place conditions on the property, that this is not a trucking terminal and she would not support a trucking terminal, and that there is no reason to believe that this is anything more than what has been presented. Alderman Dwyer stated that the property should be used and generate some income until the hockey rink is completed, that there should not be vehicles on the streets of the city generated from this business.

IN FAVOR: John Beauchamp, 2 Ryan Road stated that he supports the landowner, that he cannot run a property without tenants, that the traffic to be generated from this business is a drop in the bucket compared to the 31,000 vehicles which use Washington Street each day, that what the petitioner has is open space and that it what the landowner has to work with until the hockey rink is built, and this is not the worst use. Kevin McDonough, 295 Salem Street stated that he lives across the street from the parcel, that the locus was blighted, and that the goal is to clean up the site. George Gately, Jr., no address given, stated that he has worked for and with the landowner, that this process is a charade and it is un-American to limit the petitioner to two businesses, that this is the only business being told that he cannot use Salem Street for his trucks, that no one else would deal with the property, that it is contaminated, that the 90 cars on site will be no issue, and that the cars will not be seen from the street. Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that the petitioner is not a member of the Woburn Business Association, that he is in favor of the hockey rink, that the landowner wants income from the property while he waits to resolve the litigation, that Washington Street is a State highway over which the city has no control, and that there is nothing wrong with the proposal at all. John Callahan, 9 Penny Road stated that the amount of traffic from the site has been limited, and that thee could be better uses but if the property is not supported financially then the hockey rink may never be built. Richard Morgan, 67 School Street stated that the landowner wants to do something with the property, that the locus has been cleaned, and that the proposal is a clean operation. John Robbin, 9 Alpena Avenue stated that he works for the petitioner, that he moved cars from the site when flooding occurred this past weekend, and that he operated a transport business from 289 Salem Street under a City Council permit and that he never had an issue with the police department. Michael Oulton, Fairview Road stated that this is a clean business and that this use will not cause traffic problems in the neighborhood. OPPOSED: Kathy Bailey, 4 Utica Street stated that she previously stated her objections on the record, that this issue is about the law, that the petitioner has been operating an illegal operation at the site without the benefit of a special permit, that this is in a wetland area, and that there was flooding at the site over the weekend. Lori Medeiros, 9 Marietta Street stated that her concerns were previously expressed on the record, and that this is a use that will be detrimental to that area of the community. Paul Medeiros, 9 Marietta Street stated that the City Council needs to get a handle on the property, that the site has been cleaned, that he is concerned that uses moved onto the site and spaces were built out without a permit, that the only permits on file in the building department were for rood repairs, that this is not about the user but the use, that the rain over the weekend demonstrates issues that occur on site whenever thee is a significant rainfall, that this is not a small business but is associated with a larger company, that he was told that the petitioner has a terminal in Woburn at the site when he called to inquire about services, that the use should be classified as a truck terminal or transportation terminal which is not allowed at the site, that a truck terminal should not be approved, and that the petition should be denied as it is not in the best interest of the community. Mr. Medeiros offered copies of photographs to the City Council for review. Motion made and 2^nd that the documents be received and made part of the record, all in favor, 9-0. Motion made and 2^nd to close the public hearing, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2^nd to strike from proposed Condition 14 the words “to the Ward 5 Alderman, with a copy”, all in favor, 9-0. Motion made and 2^nd to add a Condition 21 as follows: “That no more than the use of two vendors shall deliver to the site at one time although the vendors may change from time to time,” all in favor, 9-0. That Condition 9 be amended by adding the words “and used auto parts” after the words “sale of vehicles”, all in favor, 9-0. Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the proposed conditions adopted as further amended herein, all in favor, 9-0.

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

On the petition by 325 Washington Street LLC, 853 Turnpike Street, Suite 241, North

Andover, Massachusetts 01845 for a special permit pursuant to Section 5.1.29 and Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended to allow for 1. A fast food operation with hours in excess of 6:00 a.m. to 11:00 p.m., and 2. The alteration of the existing pylon sign, at 325 Washington Street. PUBLIC HEARING OPENED. A copy of a communication dated May 5, 2006 from John E. Corey, Jr., P.E. to Edmund Tarallo, Planning Director and City Council was received as follows:

Subject:  325 Washington St. – Special Permit for Dunkin Donuts

The engineering department has performed a site review of the above referenced project and reviewed the site plan and traffic study submitted in conjunction with the special permit. Based on our review, we offer the following comments:

Access to the site is provided by two curb cuts on Washington St. and one on Cedar St.

The curb cut on Washington St. closest to the intersection should be signed for “No Left Turn”. The reason being is that there are insufficient gaps in traffic to allow for this movement during most of the day. There are sufficient curb cuts to allow this movement from the remaining two exits.

Parking delineation and direction turn arrows as indicated on the site plan should be installed in thermo-plastic. Additionally, the less functional parking spaces at the rear of the building should be designated for “Employees Parking Only”.

The traffic study indicates an increase in the AM peak hour of approximately 50% with a rate of one vehicle per minute. The traffic study indicates that the location of this Dunkin Donuts will lesson the impacts of cross over traffic attempting to use the Dunkin Donuts on the westerly side of Washington St. and the department agrees that this will improve the situation from a traffic safety issue. Given the limited parking and multiple uses that the site contains, we believe that traffic circulation problems within the site in the AM peak hour may result and processing the anticipated number of vehicle trips will be problematic. As with any site where traffic circulation problems occur, patrons will seek alternative sites for the products being sought and a balance will be achieved.

The project consists of a fast food use with traffic impacts and as such mitigation should be required for this special permit. The applicant’s attorney indicated that the project cost is estimated at $75,000.00. On this basis, the department requests that 3% of the project cost or $2,250.00 be placed in a mitigation account for traffic related work in Ward 5.

Lastly, there is a yellow container within the public right of way. If this is the property of the applicant, its purpose for being in the public right of way should be approved.

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

A communication dated May 15, 2006 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re: Jaton Management Co. LLC – 325 Washington St. – To allow a fast food operation in excess of 6:00 A.M. to 11:00 P.M. and alteration of the sign.

Dear Mr. Campbell and Members of the City Council:

At the meeting held on May 9, 2006, the Planning Board voted to forward a favorable recommendation to the City Council on the Special Permit request to allow a fast food operation and alteration of the sign at 325 Washington St. in accordance with the following conditions:

1. That the following terms and conditions of the 1999 Special Permit remain in place;

a. That the building shall be limited to 2000 S.F.;

b. That outside sales shall be limited to gasoline and lubricant products only; and

c. That there shall be no sale of vehicles on the premises;

2. That the hours of operation shall be limited to Monday to Saturday 6 A.M. to 10 P.M. and Sunday 6 A.M. to 8 P.M.; and
3. That no truck deliveries shall back up from Washington St. onto the site.

The Planning Board, in forwarding this favorable recommendation to the City Council, determined that providing a Dunkin’ Donuts on opposite sides of the street would provide traffic relief from left hand turns in and out of the sites.

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 Joseph Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the property is located in the O-P zoning district, that the fast food use is allowed by special permit, that there are two gasoline fueling islands, that there is an 1,850 to 2,000 square foot accessory retail store including a 550 square foot sandwich shop in an area that is proposed to be used by Dunkin Donuts, that the petitioner will install within the existing sandwich area a satellite Dunkin Donuts shop, that there will be three employees working in the Dunkin Donuts area, that the petitioner is part of the cooperative, that they use a commissary in Lawrence, that they have control over deliveries, that there are specific instructions given to drivers for delivery to sites, and that that hours of the Dunkin Donuts on the opposite side of Washington Street are 4:00 a.m. to 12:00 midnight which exceed the hours of operation on the locus as allowed by the special permit issued in 1999. Attorney Tarby offered a copy of a memorandum dated May 12, 2006 to the City Council for review. Motion made and 2^nd that the document be received and made part of the record, all in favor, 9-0. Attorney Tarby offered a sample driver delivery instruction sheet for the City Council to review. Motion made and 2^nd that the document be received and made part of the record, all in favor, 9-0. F. Giles Ham, P.E., Vanesse & Assoc. Inc., 10 New England Business Center Drive, Suite 314, Andover, Massachusetts 01810 stated that there is no drive-thru component to the petition, that the petitioner has 60 to 70 customers per hour, that 60% of the business is conducted by 11:00 a.m., that this will be a busy site, that this will provide relief to the traffic at the existing Dunkin Donuts on Washington Street, that there will be truck deliveries of paper goods, that there will be two box truck deliveries each day at 5:00 a.m. and 7:30 a.m. with donut and bagel products, that the business can be accommodated on the site although it will be busy and has the benefit of giving relief to the other facility, and that the petitioner has agreed to erect a “no left turn” sign at the curb cut onto Washington Street but the reality is that most customers will exit out of the Cedar Street curb cut. John Micalizzi, 35 Archibald Road, Methuen, Massachusetts stated that handicapped parking has been provided, that the dumpster is screened with a chain link fence, that he would not object to a restriction prohibiting outside banners, that he has been in business at that location for fifteen years and snow removal has never been an issue, and that he pushes the snow to the back of the building. Alderman Denaro stated that he is concerned with the delivery of Dunkin Donuts products to the various locations in the city and the impact of the delivery vehicles which park without regard to conditions in the area when making the deliveries, that if he continues to see delivery vehicles parking in improper locations or parked in the wrong direction then these issues will have to be dealt with, and that the delivery trucks should not be parked on Washington Street or Cedar Street for deliveries to this locus or that will cause a problem. Alderman Drapeau stated that he would like the Dunkin Donuts hours of operation to be the same as the hours for the Dunkin Donuts across the street or the purpose of the petition will be defeated. Alderman Ciriello stated that the use will not attract more Dunkin Donuts users but will just split up the traffic. Alderman Mercer-Bruen stated that she supports the proposal which will help with the traffic in the area. Alderman Gately stated that this is a clean and safe site, and that there has never been an issue with snowplowing at the site. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that the petitioner is a member of the Woburn Business Association, that the landscape is well groomed, that in the morning there is a queue of traffic at the current Dunkin Donuts on the opposite side of Washington Street, that this traffic may be relieved if this use is permitted, and that there will be no drive-thru component to the business. Paul Medeiros, 9 Marietta Street stated that this petition makes sense, that it will eliminate some left turn traffic on Washington Street, that it will not eliminate all crossover traffic but should mitigate some, and that he understands that the Dunkin Donuts will replace the sub shop at the locus. John Beauchamp, 5 Ryan Road stated that the present use at the locus has been operated well, and that there is no need to restrict the hours of operation any less than the other Dunkin Donuts on Washington Street. William Mulrenan, 101 Washington Street stated that this proposal will help the traffic situation on that portion of Washington Street. OPPOSED: None. Motion made and 2^nd that the public hearing be closed, all in favor, 9-0. PUBLIC HEARING CLOSED. Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the conditions as follows: 1. That the recommendations of the Planning Board be adopted as conditions of the special permit, 2. That the recommendations of the City Engineer be adopted as conditions of the special permit, 3. That the dumpster shall be screened, 4. That there shall be a daily pick-up of any trash on the property, 5. That there shall be no outside banners, and 6. That there shall be no drive-thru use on the locus, all in favor, 9-0.

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

Alderman Denaro stated that he would abstain from voting on the next matter and left the Council Chamber.

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

On the petition by petition by Alderman Scott Galvin to further amend the 1985 Woburn

Zoning Ordinances, as amended, as follows: “Whereas, single family dwellings in the R1 zoning district containing an additional dwelling unit(s) for which there does not exist a validly issued special permit, variance or building permit do not qualify as legal nonconforming uses or structures, and therefore not allowed, the following zoning ordinance(s) is being proposed to regulate the allowance of an additional dwelling unit within a single family dwelling. Be it Ordained by the City Council of the City of Woburn that the 1985 Woburn Zoning Ordinances, as amended, be further amended as follows: 1. That Section 2 be amended by adding a new definition in the appropriate alphabetical order as follows: “Dwelling, Accessory Family Unit – An accessory residential dwelling unit attached to, or within a single family dwelling.” 2. That a new Section 5.1. Table of Use regulations be amended by adding a new line “54c” as follows: “Accessory Family Dwelling Unit” with a “P” under the R-1 zoning district and a “-“ under all other zoning districts and under the column “Notes; other sections” shall be added “Section 5.8”. 3. That a new Section 5.8 be added as follows: Accessory Family Dwelling Unit 1) The accessory family dwelling unit shall contain a maximum floor area of 1,000 square feet and shall not contain more than one bedroom, one bathroom and one kitchen. Common entries shall not be included in the 1,000 square foot calculation. 2) The accessory family dwelling unit shall be contiguous with the single family dwelling with direct access or connected with a common closed entry. 3) The accessory family dwelling unit shall not have its own front door, however it may have a side or rear exit with an open deck. 4) Any new structural addition of the accessory family dwelling unit which increases the building ground coverage of the existing single family dwelling shall meet all dimensional regulations in Section 6.1 Table of Dimensional Regulations of the R-1 zoning district for “single family detached”. No relief under Section 7.3 shall be granted. 5) No more than two (2) related persons can occupy the accessory family dwelling unit. Furthermore, occupancy of the unit shall strictly be limited to either of the following qualified occupants: father, mother, son or daughter of the owner of the single family dwelling, related to the owner and each other either by blood or marriage. 6) A minimum of one additional off street parking space shall be provided on the plan without the creation of a separate driveway. 7) Only one accessory family dwelling unit shall be allowed per single family dwelling. 8) Special permits shall expire two years after the date of issuance or when the accessory family dwelling unit is vacated by qualified occupants, whichever occurs first. 9) Special permits may be extended every two years by filing with the Woburn City Council a notarized statement prior to the expiration of the special permit stating: a. The owner of the single family dwelling resides in one of the two dwelling units.  b. The other unit is occupied by two or less “qualified occupants”. 10) The accessory family dwelling unit shall be assessed with separate water and sewer bills. 11) Violation of this ordinance shall be punishable by a fine of $300.00 for each day that the violation exists.” PUBLIC HEARING OPENED. A communication dated April 28, 2006 was received from Edmund P. Tarallo, Planning Director, as follows:

Re: Zoning Amendment – Accessory Apartments

Dear Mr. Campbell and Members of the City Council:

At the Planning Board meeting held on April 25, 2006, the Board voted to not take a position on this matter at this time, but if the City Council desires the Board would be willing to take this matter up in the Zoning Ordinance Review Committee (ZORC).

If you have any questions or concerns regarding this matter, please feel free to contact me.

Sincerely, s/Edmund P. Tarallo, Planning Director

Alderman Galvin stated that the Planning Board took no position on the proposal and indicated that the Zoning Ordinance Review Committee (ZORC) could review this matter and provide recommendations, that if the City Council is not prepared to act on this it can be referred to ZORC for review and recommendations, and that if it is not acted upon it will lapse. Alderman Dwyer stated that he is not prepared to support the ordinance although he would a ZORC review. Alderman Gately stated that he would support ZORC review. Alderman Ciriello stated that he supports ZORC review and input, and that there are no resources available to move with this now. Alderman Gonsalves stated that this proposal raised good issues, that there is a revenue issue in that water and sewer charges for the multiple units should be considered, and that she supports ZORC review of the proposal. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd to close the public hearing, all in favor, 8-0-1 (Denaro abstained). PUBLIC HEARING CLOSED. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0-1 (Denaro abstained). Motion made and 2^nd that the matter be referred to the Zoning Ordinance Review Committee (ZORC) for review and recommendations, all in favor, 80-1 (Denaro absent).

************************* Alderman Denaro returned to the Council Chamber.

_________________________

COMMITTEE REPORTS:

ORDINANCE:

On the Order to add a new Section 2-232 to Title 2, Article XXXVI of the 1989 Woburn Municipal Code, as amended, relative to establishing the Woburn Historical Commission as a special municipal employee under Massachusetts General Laws Chapter 268A, committee report was received “ought to pass”. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: May 18, 2006       s/Thomas L. McLaughlin May 23, 2006

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

On the Order to add a new Section 2-232 to Title 2, Article XXXVI of the 1989 Woburn Municipal Code, as amended, relative to establishing the Woburn Golf & Ski Authority as a special municipal employee under Massachusetts General Laws Chapter 268A, committee report was received “ought to pass”. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: May 18, 2006       s/Thomas L. McLaughlin May 23, 2006

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

On the appointment of Robert P. Rafferty as Sealer of Weights and Measures, committee report was received “ought to pass”. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: May 18, 2006       s/Thomas L. McLaughlin May 23, 2006

_________________________

CITIZEN’S PARTICIPATION:  None.

_________________________

NEW PETITIONS:

Petition by Amerifit Pharma, Inc., 11 State Street, Woburn, Massachusetts 01801 to transfer the inflammable license at 11 State Street from PolyMedica Pharmaceuticals, Inc. to Amerfit Pharma, Inc. Motion made and 2^nd that the TRANSFER OF THE INFLAMMABLE LICENSE be APPROVED, all in favor, 9-0.

Presented to the Mayor: May 18, 2006       s/Thomas L. McLaughlin May 23, 2006

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

Petition by Woburn Truck and Auto, Inc., 1095R Main Street, Woburn, Massachusetts to transfer the Class Three Motor Vehicle Sales License at 1095R Main Street from Woburn Truck Parts Inc. to Woburn Truck and Auto Inc. Motion made and 2^nd that the MATTER be TRANSFER OF THE THIRD CLASS MOTOR VEHICLE SALES LICENSE be

APPROVED, all in favor, 9-0.

Presented to the Mayor: May 18, 2006       s/Thomas L. McLaughlin May 23, 2006 *************************

A copy of a communication dated March 27, 2006 with attachments from Apex

Environmental, Inc., 286 Congress Street, Suite 610, Boston, Massachusetts 02210 to Inspector William Sweeney, Woburn Fire Department was received relative to the removal of underground flammable fluids storage tanks that were held under an inflammable license granted to Waste Management of Boston – North at 204 Merrimac Street to allow storage underground- 10,000 gals diesel; 5,000 gals gasoline; 1,000 gals waste oil. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC

HEARING FOR REVOCATION OF INFLAMMABLE STORAGE LICENSE, all in favor, 9-0.

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

Petition by Verizon New England, Inc. for a grant of right in a way to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Lexington Street starting at existing pole number 131/121, located on the westerly side of Lexington, place conduit in a south-southwesterly direction, a distance of 34 feet+/- into private property into Seaman Robert H. Doherty Road. Motion made and 2^nd that a communication be directed to Verizon and the City Engineer to provide comment on the structural integrity of cutting utility poles at the bottom and leaving them attached to the top of a new pole by wooden brackets, all in favor, 9-0.

Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

Petition by Verizon New England, Inc. for a grant of right in a way to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Pento Road starting at existing Verizon handhole, located on the easterly side of Pento Road and 44 feet southerly of the driveway at 19 Pento Road, place conduit in a northerly direction, a distance of 225 feet+/- to pole #487/2A. Motion made and 2^nd that a communication be directed to Verizon and the City Engineer to provide comment on the structural integrity of cutting utility poles at the bottom and leaving them attached to the top of a new pole by wooden brackets, all in favor, 9-0. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

Petition by HPH Realty, LLC, 9 North Maple Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.57b and Section 8.3.2 of the 1985 Woburn Zoning Ordinances, as amended, so as to allow for the parking of commercial vehicles on the property at 3 Oakland Street and the abutting lot identified on Assessors Maps 9-6-2 and 9-6-1. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

Petition by Monster Paintball, LLC, 139 Nichols Street, Wilmington, Massachusetts

01887 for a special permit pursuant to Section 5.1.17b of the 1985 Woburn Zoning Ordinances, as amended, to operate an indoor commercial playground/sports facility for indoor paintball and associated pro shop, all in an area containing approximately 25,400 square feet, within the existing building at 481 Wildwood Avenue aka 479 Wildwood Avenue. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

Petition by Four Bennett Street Nominee Realty Trust, Virginia Lawton Duffett and Thomas W. Lawton, Trustees, 4 Bennett Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 7.3 and 8.3.2 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the use of the second floor of an existing non-conforming structure, with a pre-existing non-conforming use, for the new use of a martial arts school and studio, with existing parking at 4 Bennett Street. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

Petition by Horn Pond Plaza LLC, c/o Gravestar, Inc., One Broadway, Cambridge,

Massachusetts 02142 for a special permit to further modify a special permit granted on December 9, 2004 and which was further modified on June 30, 2005, such further modifications pursuant to Section 5.1.23, Section 5.1.69, Section 7.3, Section 8.2.5, Section 8.6.3, Section 11, Section 13.5 and Section 15 of the 1985 Woburn Zoning Ordinances, as amended, to allow modifications to the existing landscaping, portions of the parking areas, the installation of an outdoor plaza area, pedestrian walkways, outdoor eating area, alteration of the existing nonconforming pylon sign, addition of blade/directional signage under the existing canopy area, and to allow for 677 parking spaces all as shown on the plans filed herewith at 350 Cambridge Road. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

Petition by Union Ventures LLC dba Bear Rock Café, 26 Walkers Brook Drive, Reading,

Massachusetts for a special permit pursuant to Section 5.1.29, Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a fast food restaurant and building signage at 350 Cambridge as shown on the plans filed herewith at 350 Cambridge Road. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

Petition by SAI Enterprises, Inc. dba Quiznos, 35 Corporate Drive, Burlington, Massachusetts 01803 for a special permit pursuant to Section 5.1.29 of the 1985 Woburn Zoning Ordinances, as amended to allow for a fast food restaurant at 36 Commerce Way. Motion made and 2^nd that the  MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

Petition by MVP Sports, Inc., dba Decathalon USA, 325 Ballardvale Street, Wilmington,

Massachusetts 01887-1012 for amendment to the Zoning Map of the City of Woburn by changing the zoning district designation for the public portion of Tower Park Drive and 369 Washington Street as shown on the map filed herewith from O-P to B-I. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-

0.

_________________________

COMMUNICATIONS AND REPORTS:

A communication dated May 11, 2006 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 20A½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending April 2006: number of tickets issued 920, number of tickets paid 766, number of hearings scheduled 402, number of tickets voided or dismissed 89, number of tickets outstanding 238, number of tickets issued by motorcycle officers 0, total dollar amount collected and turned into the Treasurer’s Office $31,211.00. There exists a backlog of 4,835 tickets for 1982 through 2005. Demands will be sent out until all tickets have been cleared. Parking violations turned over to Handicap Commission to date $7,050.00.

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

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

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

A communication dated May 11, 2006 with attachment was received from Joseph V. Elia, Director of Finance, Woburn Public Schools as follows:

Re: School Department Capital Requests

Pursuant to the discussion that took place on Monday evening (May 8^th) regarding the School Department’s Capital Requests, I have made revisions based on cost changes (i.e. telephone systems) and school needs (i.e. Middle School desks).

I apologize for any confusion this may have caused but feel it is in the City’s best interest that an updated data is used by the City Council as it reviews the City’s Budget.

If there are any questions, please contact me.

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

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

A copy of a communication dated May 11, 2006 from Mayor Thomas L. McLaughlin to

Phillis Johnson-Ball, Surface Transportation Board, Section on Environmental Analysis, 1925 K Street, NW, Washington, D.C 20006 was received stating the city’s opposition to New England Transrail’s Petition for Exemption to acquire, construct and operate as a rail carrier on land in Wilmington and Woburn. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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

A communication dated May 4, 2006 was received from John Cogliano, Secretary, Massachusetts Executive Office of Transportation, Ten Park Plaza, Boston, Massachusetts 02116-3969 as follows:

Dear Mr. Campbell and Members of the Council:

Thank you for your recent letter regarding the New Boston Street Bridge in Woburn.

As you may know, the City of Woburn recently contacted the Highway Departmetn to start the project initiation process for the New Boston Street Bridge Project. Consistent with the principles of Governor Romney’s Communities First Policy, project initiation is the first step in the comprehensive and transparent transportation planning process. Throughout the project planning and development phase, regional support for this project will be essential and I welcome your assistance in this process.

If you have any further questions, please feel free to call me.

Sincerely, s/John Cogliano, Secretary

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

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

A copy of a communication from Tracey A. Harwood, 1083 Main Street, Woburn,

Massachusetts 01801 to Phillis Johnson-Ball, Surface Transportation Board, Section on Environmental Analysis, 1925 K Street, NW, Washington, D.C 20006 was received stating the her opposition to New England Transrail’s Petition for Exemption to acquire, construct and operate as a rail carrier on land in Wilmington and Woburn. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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

A copy of a communication from Kathleen M. Barry, Chair, Wilmington-Woburn

Collaborative, 14 Powder House Circle, Wilmington, Massachusetts 01887 to Phillis

Johnson-Ball, Surface Transportation Board, Section on Environmental Analysis, 1925 K Street, NW, Washington, D.C 20006 was received stating the Collaborative’s opposition to New England Transrail’s Petition for Exemption to acquire, construct and operate as a rail carrier on land in Wilmington and Woburn. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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

A communication was received from John J. Devine, President John Devine Realty Corporation, 100 Ashburton Avenue, Woburn, Massachusetts 01801 as follows:

Attn: Committee on Police and License

Dear Committee:

I am writing this letter because I would really like to know why I was required to be at the Committee on Police and License meeting on Monday, May 1, 2006. As I was at the meeting and it was very unnecessary for me to have been there. So my understanding is that this was just another way of the city and it’s official clerks and committees are harassing me.

Sincerely, s/John J. Devine, President

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

_________________________

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

APPOINTMENTS AND ELECTIONS:  None.

_________________________

MOTIONS, ORDERS AND RESOLUTIONS:

ORDERED     Be it Ordained by the City Council of the City of Woburn that Title 2, Article XXXV, Section 2-214 through 2-226 inclusive relative to the Biomedical Oversight Committee be and is hereby repealed.

s/President Doherty (per request)

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

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

ORDERED     WHEREAS, there presently exists a structure or structures located in the City of Woburn, Massachusetts known and numbered as 49 Church Street; and

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

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

s/Alderman Dwyer

Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in

Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

ORDERED     WHEREAS, there presently exists a structure or structures located in the City of Woburn, Massachusetts known and numbered as 239 Main Street; and

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

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

s/Alderman Gately

Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

RESOLVED That an eight inch sewer line be extended between 41 Leonard Street and 43 Leonard Street south to Blueberry Hill Road to end at 45 Leonard Street with a six inch property line connection at 45 Leonard Street to alleviate an ongoing sewer service problem.

s/Alderman Gately

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

Presented to the Mayor: May 18, 2006       s/Thomas L. McLaughlin May 23, 2006

_________________________

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

_________________________

RESOLVED That the City Solicitor resume efforts begun by the former City Solicitor to settle the issue of negotiating a walkway easement with the owner of the Old Farm Road subdivision off Bedford Road.

s/Alderman Galvin

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

Presented to the Mayor: May 18, 2006       s/Thomas L. McLaughlin May 23, 2006

_________________________

ORDERED     That the sum of $2,000.00 be and is hereby appropriated from Cemetery Interest Fund and distributed as follows: $2,000.00 to Utility Acct.

0149052-521103

s/President Doherty

I hereby approve the above. s/ Edmund F. McGrath, Chairperson

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

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

_________________________

ORDERED     That the sum of $17,000.00 be and is hereby appropriated from Cemetery

Interest Fund and distributed as follows for Fiscal Year 2007: $5,000.00 to

Utility Acct. 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

s/President Doherty

I hereby approve the above. s/ Edmund F. McGrath, Chairperson

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

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

_________________________

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

_________________________

Motion made and 2^nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 9:28 p.m.

A TRUE RECORD ATTEST:

William C. Campbell

City Clerk and Clerk of the City Council