Meeting Agenda

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CITY OF WOBURN

OCTOBER 16, 2007 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call Denaro              Gately

                                                                                                Drapeau                        Gonsalves

                                                                                                Dwyer                          Mercer-Bruen

                                                                                                 Galvin                         Doherty

_________________________

Motion made and 2^nd that Joyce M. Gray be named Clerk of the City Council Pro-Tem in the absence of the Clerk of the Council, all in favor, 8-0.

I do solemnly swear that I will bear true faith and allegiance to the Commonwealth of Massachusetts and will support the Constitution thereof as Clerk of City Council ProTem, so help me God.

I do hereby accept the position of Clerk of City Council Pro-Tem, to act in this capacity for the purpose of the City Council meeting of October 16, 2007, and do hereby promise to act in accordance with statutes and ordinances to best of my ability.

_____________________________

Joyce M. Gray

Sworn before me this 16^th day of October, 2007.

______________________________                                                                               Charles E. Doherty

President Woburn City Council

_________________________

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

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MAYOR’S COMMUNICATIONS: 

ORDERED     That the sum of $2,765,255.63 be and is hereby appropriated as so stated from Debt Reserve Fund Acct #648059-596100 $2,765,255.63 to White &

High School Acct #0171059-591000 $1,500,000.00 Acct #0171059591500 $1,265,255.63, Total $2,765,255.63

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

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

s/President Doherty

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

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ORDERED     That the sum of $150,000.00 be and is hereby appropriated as so stated from Free Cash Acct #01-356000 $150,000.00 to Demolition of Building – Main St Acct #0112158-586599 $150,000.00

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

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

s/President Doherty

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

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A communication dated October 2, 2007 was received from Edmund F. McGrath, Chairman, Board of Cemetery Commission, as follows:

Re: Appropriation

Dear President Doherty and City Council Members:

The Board of Cemetery Commissioners is requesting approval for an appropriation of $23,000 from the Cemetery Commission Interest Fund to the following accounts:

That $11,000.00 be added to the Burial Sections Account to cover the cost of tree removal, for loam to maintain the cemetery grounds and for miscellaneous expenses.

That $3,000.00 be added to the Fence Account to replace a section of fence to gain access for the clean up and removal of trees within Woodbrook Cemetery,

That $2,000.00 be added to the New Equipment Account for the purchase of a new leaf blower.

That $2,000.00 be added to the Tools & Supply Account for the maintenance and care of tools and equipment.

That $2,000.00 be added to the Over-Time Salary Account to cover anticipated costs for snow removal this winter.

That $3,000.00 be added to the Utilities Account to cover basic utility expenses.

Should you have any questions regarding this request do not hesitate to contact this office.

Thank you, s/Edmund F. McGrath, Chairman

Attached thereto was the following:

ORDERED     That the sum of $23,000.00 be and is hereby appropriated from Cemetery Interest Fund and distributed as follows: $11,000.00 to Burial Section 0149058-586601, $3,000.00 to Utility Acct. 0149052-521103, $2,000.00 to New Equipment 0149058-586600, $2,000.00 to Tools/Supplies Acct

0149054-546100, $2,000.00 to Over-Time Acct 0149051-513100,

$3,000.00 to Fence Acct 0149058-586602

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

s/President Doherty

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

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A communication dated October 5, 2007 was received from Mayor Thomas L. McLaughlin as follows:

Re: 30^th Annual Mayor’s Senior Appreciation Day Dinner

Dear President Doherty and Members of the City Council:

On Sunday, November 11, 2007, the 30^th consecutive Mayor’s Senior Appreciation Day

Dinner will be held at Woburn Memorial High School. Sing-a-long and dancing starts at 11AM Dinner will be served at 12:00 noon. It is my pleasure to continue this tradition that attracts hundreds of Woburn Senior Citizens each year.

As part of that tradition, I would like to invite all members to participate in the dinner by serving our seniors.

I look forward to seeing you there.

Sincerely, s/Thomas L. McLaughlin, Mayor

Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, all in favor, 8-0.

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Copies of communications dated October 4, 2007 from Mayor Thomas L. McLaughlin to Congressman Ed Markey, Congressman James McGovern, Congressman Barney Frank, Congressman John Olver, Congressman William Delahunt, Congressman Stephen F.

Lynch, Congressman Richard E. Neal, Congressman John Tierney, Congressman Michael E. Capuano, and Office of the Fifth Congressional District of Massachusetts was received as follows:

Dear Congressman:

Congress will be holding a hearing on October 11^th on the federal pre-emption “loophole” that some companies have used to avoid state and local control for the sitting and operating of waste processing facilities in rail yards. I respectfully request that you contact Transportation Subcommittee Chairwoman Corrine Brown and tell her that this loophole must be closed; and that all such existing facilities be required to comply with state and local laws governing waste operations.

Closing the railroad loophole will protect the environment, public health and safety of our community. I’m sure you agree that State and Local governments should be in control of solid waste planning and facilities. Thank you for your attention to this important issue.

Sincerely, s/Thomas L. McLaughlin, Mayor

Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0.

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PUBLIC HEARINGS:  

On the petition Harout Avakian to further amend the 1985 Woburn Zoning Ordinances, as amended, as follows: that Section 7.1 of the 1985 Woburn Zoning Ordinance, as amended, be further amended by adding a new paragraph to the end of this Section as follows: “A residential structure used as a residence and conforming to the zoning district in which it lies, that is protected by the ten (10) year statute of limitations under Massachusetts General Laws Chapter 40A, Section 7 shall be considered for the purposes of this Section 7.1 a legal non-conforming structure.” PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts and he requested the Special Permit be continued to the Regular Meeting of the City Council Regular Meeting on December 4,

2007. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON DECEMBER 4, 2007 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor 8-0. *************************

On the petition Robert Adams and Greg Adams, c/o Attorney Mark J. Salvati, 10 Cedar

Street, Suite 26, Woburn, Massachusetts 01801 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to replace two multi-family buildings with one building containing five dwelling units at 239 Main Street. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Mark J. Salvati and he stated that he requests that the public hearing be continued to the Regular Meeting of the City Council on November 19, 2007 to allow the petitioners time to revise their plans to reflect the recommendations of the Planning Board. Attorney Salvati offered a letter to the City Council requesting that the public hearing be continued to the Regular Meeting of the City Council on November 19, 2007. Motion made and 2^nd that the document be received and made part of the record, all in favor, 8-0. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE

REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 19, 2007 AND

THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL

PERMITS, all in favor 8-0.

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On the petition 400 MetroNorth Corporate Center LLC, c/o National Development, 2310 Washington Street, Newton Lower Falls, Massachusetts 02462 for special permits pursuant to the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. Pursuant to Section 5.1.17b to allow for the construction of an approximately 32,500 square foot health and fitness facility; 2. Pursuant to Section 5.1.65b to allow for muscular therapy (not to exceed 1,500 square feet) as an accessory use within the building; and 3. the petition also required Site Plan Review pursuant to Section 12.2.4, all at 400 Presidential Way. PUBLIC HEARING OPENED. A communication dated October 11, 2007 was received from Edmund P. Tarallo, Director, Woburn Planning Board as follows:

Re:  400 MetroNorth Corporate Center LLC – 400 Presidential Way – To allow for construction of a 32,500S.F. health and fitness facility (Section 5.1.17b) and an accessory muscular therapy facility of 1,500 S.F. (Section 5.1.65b)

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on October 2, 2007, the Board voted to send a favorable recommendation to the City Council to allow for construction of a 32,500 S.F. health and fitness facility (Section 5.1.17b) including an area not to exceed 1,500 S.F. for a muscular therapy facility (Section 5.1.65b) within the building at 400 Presidential Way subject to the following conditions:

1. That the approval shall be based on the plans prepared by VHB dated 8/30/07;
2. That impressed and thermoplastic crosswalks be installed on Commerce Way and Atlantic Ave. to allow safe pedestrian access from the facility to the local retail area. This work shall be accomplished in the spring subsequent to the completion of the Wilmington water main work; and
3. That the Planning Board shall approve the landscaping plan and bike rack location, and shall retain jurisdiction over the landscaping.                  

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 Mark Vaughan, Riemer and Braunstein, 7 New England Executive Park, Burlington, Massachusetts 01803 and he stated that the petitioner want to construct a high end health club, that the property was approved a few years back for a five (5) story office building with a parking garage, that the building was not constructed and Boston Sports Club would like to build a high end sports club which will have a swimming pool, a basketball court, weight room, workout equipment and a small café, that a facility like this will be a valuable asset to the people who work in the abutting properties and this will generate less traffic than an office building, that at the Planning Board meeting held on October 2, 2007 the Board voted to send a favorable recommendation to the City Council with three conditions, and that the City Engineer has requested safer pedestrian walkways mainly in the Commerce Way and Atlantic Avenue area. Alderman Denaro stated that although he viewed the concept favorably he is concerned that the property is being down sized from an office use to a health club. Alderman Galvin stated that there are a number of opportunities for development in this area, and that the original mitigation statement was part of the entire park. Attorney Vaughan stated that all of the utility traffic work has been completed to accommodate a 142,000 square foot office building  but that a smaller building will be constructed with less traffic. President Doherty stated that the city engineer supplies the City Council with information as to what mitigation will be required for the project as part of the special permit process, that the City Council has the right to waive mitigation, and that the petitioner should submit the information required to estimate the cost of construction. Alderman Gonsalves stated that the City Council must review the documentation of the cost analysis for the area. Brian Clancy, National Development, 2310 Washington Street, Newton Lower Falls, Massachusetts stated that he did not think that the mitigation impact statement with cost estimates was necessary because the square footage of the building was being reduced from what was approved in 2001, and that this proposal will have less impact on the area. President Doherty stated that a special permit for a fast food use may be required for the café, and asked whether the café would be open to the public. Mr. Clancy stated that a separate special permit for a fast food use would not be required as no food will be prepared on site. Attorney Vaughan stated that he would confer with the building inspector to determine whether a special permit for a fast food use will be required for the café, and that the café will only be available for members of the health club. Mr. Clancy stated that the café will initially be constructed as a juice bar. Attorney Vaughan stated that the building will have three (3) floors, 32,500 square feet in area and will be completely occupied by the sports club. Alderman Galvin stated that if mitigation were an issue the Planning Board would have mentioned this. IN FAVOR: Paul Meaney, Executive Director, Woburn  Business Association, Ten Tower Office Park stated that the petitioner has done all the work that the have promised to do on prior projects, that the petitioner has made improvements to Presidential Way, and that the petitioner has

assisted with the construction of the Commerce Way interchange off Route 93.

OPPOSED: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 30, 2007

AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL

PERMITS, all in favor 8-0.

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On the petition Bonanno Construction Inc., 12 Longmeadow Road, Arlington,

Massachusetts 02474 for a special permit to amend an existing special permit to reflect site changes at 239 Salem Street. PUBLIC HEARING OPENED. A communication dated October 11, 2007 was received from Edmund P. Tarallo, Director, Woburn Planning Board as follows:

Re: Bonanno Construction, Inc.  – 239 Salem Street – To amend existing Special Permit

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on October 2, 2007, the Board voted to send a favorable recommendation to the City Council allowing for the modification of the Special Permit granted on February 7, 2006 for 239 Salem Street by replacing the previous conditions with the following conditions:

1. That the approval shall be based on the plans entitled “Proposed Utility Plan” dated January 29, 2007 prepared by Essex Engineering & Survey and  the architectural plans prepared by Stirling/Brown Architects dated 5/30/07 consisting of a cover sheet and Sheets A 1.1, A 1.2, A 2.1, A 2.2, and A 3.1 except as modified by the additional conditions;
2. That second hand car sales at this locus is no longer valid and is not an allowable use;
3. That no residential use shall be allowed  on the locus;
4. That at least 4 lined spaces that meet the requirements of the Woburn Zoning Ordinance shall be provided along the rear fence line of the paved area;
5. That no more than 12 commercial vehicles shall be parked at the site and all registered vehicles to be parked on the locus overnight shall be registered in the City of Woburn;
6. That no trucks over CDL limits or tractor trailers shall be permitted on the locus;
7. That there shall be no storage of diesel fuel on the locus;
8. The Planning Board shall review and approve a landscaping plan and shall retain jurisdiction over the landscaping;
9. That the hours of operation shall be 6:00 A.M. to 6:00 P.M. Monday through Saturday;
10. That there shall be no storage of material or parking of vehicles in the driveway or front yard of the locus;
11. That an eight foot high solid fence shall be as indicated on the plan entitled “Proposed Utility Plan” dated January 29, 2007 prepared by Essex Engineering & Survey;
12. That the storage of vehicles shall not be visible from the street line;
13. That there shall be no freestanding signs at the locus;  
14. That traffic to and from the locus shall not use Pine Street as a way of travel; and
15. That the trash area shall be enclosed by a site impervious fence.

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

Sincerely, s/Edmund P. Tarallo, Planning Director

A copy of a communication dated October 2, 2007 from Brett F. Gonsalves, Senior Engineer, Engineering Department to Edmund Tarallo, Planning Director was received as follows:

Subject: 239 Salem Street – Amend Special Permit – Special Permit Application Dated July 12, 2007 – Plans Dated January 29, 2007

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

Water

The plan shows the proposed building being serviced by a 2” copper water service. Prior to this design, there was an existing house on this lot. It is unclear if the existing service ¾” service was cut and capped at the water main when the house was demolished. If the water service was not cut, it will need to be abandoned at the respective water main. This can be accomplished when the new 2” water line for the proposed building is installed.

Sewer

The plan shows the existing sewer service being utilized the service the proposed building. This office takes no exception to this connection as shown.

Drainage

The onsite drainage mitigation consists of a catch basin connecting to four infiltration chambers. The site plan notes the calculations for the 100 year storm event and that 4 drywells would be required. This office takes no exception to the drainage design as submitted.

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

Appearing for the petitioner was Robert Bonanno, 12 Longmeadow Road, Arlington, Massachusetts. Alderman Gately stated that the petitioner has agreed with all of the conditions, that they will do a great job on the building and the site will look good. Alderman Dwyer stated that he had received a few complaints with the truck traffic but that has been resolved. Alderman Mercer-Bruen stated that some of the neighbors had questions on the building, that the building will have a barn look, that the building will fit well in the area, and that the petitioner has been working with the Historical Commission. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that he met with the petitioners approximately two years ago, that the petitioner is a hard worker, and the petitioner needs this special permit petition moved along. Colin Carney, 2 Walnut Hill Park stated that he was concerned with the petition, that the petitioner has done a nice job and have complied condition relative to the hours of operation, that he wants to know the hours of operation during construction, and that the construction should not be started before 7:00 a.m. Alderman Mercer-Bruen stated that the building will be a prefab and should be erected quickly, and that the hours of construction can be limited to between 7:00 a.m. and 6:00 p.m. Motion made and 2^nd that the Public Hearing be closed, all in favor, 8-0. PUBLIC HEARING CLOSED.  Motion made and 2^nd that the SPECIAL PERMIT be GRANTED as AMENDED with the conditions as follows: 1. That the hours of construction will be 7:00 a.m. to 6:00 p.m. Monday thru Saturday, and 2. That the recommendations of the Planning Board be adopted as conditions of the special permit, all in favor 8-0.

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On the petition by pION, Inc., 5 Constitution Way, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.41 of the 1985 Woburn Zoning Ordinances, as amended, to operate a research and testing laboratory along with its manufacturing use at

5 Constitution Way. PUBLIC HEARING OPENED. A communication dated October 11, 2007 was received from Edmund P. Tarallo, Director, Woburn Planning Board as follows:

Re:   pION, Inc. – 5 Constitution Way – To occupy 7,500 S.F. as a research and testing   laboratory in conjunction with its manufacturing use (Section 5.1.41)

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on October 2, 2007, the Board voted to send a favorable recommendation to the City Council to allow a research and testing laboratory (Section 5.1.41) at 5 Constitution Way.

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

Sincerely, s/Edmund P. Tarallo, Planning Director

A copy of a communication dated September 27, 2007 from Brett F. Gonsalves, Senior Engineer, Engineering Department to Edmund Tarallo, Planning Director was received as follows:

Subject: 5 Constitution Way – Research and Testing Special Permit – Special Permit Application Dated 9/4/2007 – Plans Dated 12/7/1995

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

The applicant is seeking a special permit to occupy a portion of the existing building to operate a research and testing facility. The occupant currently occupies a portion of the existing building for manufacturing.

There appears to be no exterior improvements to the site and any work would be contained within the building.

Upon review of the special permit and site plan, this office takes no exception to the application as submitted.

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

Appearing for the petitioner was Attorney John McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 and he stated that the petitioner is requesting a special permit to operate a research and testing laboratory along with its current manufacturing use, that they will occupy total space of approximately 7,500 square feet, that this is approximately one=third of the building area, that the petitioner recently received a federal grant to test and research artificial brain membrane to determine how the blood gets into the brain, that this is a research and testing facility with no animal testing, that the locus is a one-story building located in the I-P zoning district, that the petitioner currently has approximately twelve employees and will be hiring three additional employees, that there will be two additional pharmaceutical scientists and one engineer, that there will be no hazardous waste products or biomedical items, and that the Planning Board sent a favorable recommendation. Alderman Gonsalves stated that this is a good use for the area. IN FAVOR: Paul Meaney Executive Director, Woburn Business Association, Ten Tower Office Park stated that the area is well maintained. OPPOSED:

None. Motion made and 2^nd that the public hearing be closed, all in favor, 8-0. 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, all in favor 8-0.

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On the petition Nicholas Leo and Vincent Leo, 517 Concord Avenue, Cambridge,

Massachusetts 02138 for a special permit pursuant to Section 5.1.5 of the 1985 Woburn Zoning Ordinances, as amended, to allow for dwelling units above the first story in a commercial structure at 371 Main Street. PUBLIC HEARING OPENED. A communication dated October 11, 2007 was received from Edmund P. Tarallo, Director, Woburn Planning Board as follows:

Re: Nicholas and Vincent Leo – 371 Main Street – To allow for dwelling units above the first floor of a commercial structure (Section 5.1.5))

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on October 2, 2007, the Board voted to send a favorable recommendation to the City Council to allow for three dwelling units above the first floor of a commercial structure (Section 5.1.5) at 371 Main Street.

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

Sincerely, s/Edmund P. Tarallo, Planning Director

A copy of a communication dated October 2, 2007 from Brett F. Gonsalves, Senior Engineer, Engineering Department to Edmund Tarallo, Planning Director was received as follows:

Subject: 371 Main Street – Dwelling Units above a Commercial Use Special Permit –

Special Permit Application Dated September 3, 2007 – Plans Dated September 2, 2007

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

The applicant is seeking a special permit for dwelling units above a commercial structure. The submitted plans show that there will be a restaurant on the first floor with approximately 105 seats. The second and third floors are the residential units. No supporting documentation has been submitted the number of seats not the type of restaurant or the required parking that would be needed and or where the parking would be situated.

The applicant is a City of Woburn agency and it is unclear if this project would be exempt from Section 18 of the Woburn Zoning Ordinance. If this project is subject to mitigation, a Development Impact Statement will need to be prepared and submitted outlining the impacts to the infrastructure along with the calculated water and sewer flows.

This office takes no exception to the special permit application as submitted.

Appearing for the petitioner Attorney Mark Salvati., 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 and he stated that the first floor will have a restaurant that is allowed by right, that the restaurant will seat 105 people and will serve American style food, that the petition is to allow three up-scale residential units on the top floors, that the building will be demolished and a new three-story building constructed, that the rear of the building will have an elevator shaft leading from the municipal parking lot to Citizens Park, that the petitioner will supply the shaft and the Woburn Redevelopment Authority will provide the elevator, and that the municipal parking lot to the rear of the building will fulfill the parking space requirements. IN FAVOR: Donald Queenin, ViceChairman, Woburn Redevelopment Authority (WRA), 371 Main Street stated that the WRA executed a purchase and sale agreement with the petitioners for the property located at 371 Main Street, that the access way through Citizens Park will provide full accessibility connecting Citizens Park and the municipal parking lot via an access ramp, that under the proposal the elevator and the access ramp will be transferred to municipal ownership and control at the completion of the project, and that the WRA requests that the City Council vote for the acceptance of the elevator and related improvements. Motion made and 2^nd to receive a letter from the Woburn Redevelopment Authority and make it part of the record, all in favor, 8-0. Timothy Donovan, Chairman, Woburn Handicapped and Disabled Citizens Commission stated that the Commission supports the construction and completion of the Citizens Park elevator, that they are charged with ensuring that all handicapped rights are enforced, and that to comply with the Americans with Disabilities Act (ADA) the project must include needed handicapped access to the park and to find a buyer that is willing to construct the elevator. Lori Mederios, 9 Marietta Street stated that she supports the project as a resident of the city, that it will be an asset to the city, that as a member of the Woburn Handicapped and Disabled Citizens Commission she has reviewed the plans, and that she hopes that the City Council will uphold the previous administration so that the project can be completed and made ADA compliant. Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated the City Council should look at all the work that has been done to the center, that the city looks great, and that he hopes that this project moves along. Edward Quinn, 4 Laurel Street stated that Woburn has been very good about ADA compliance, that the only issue is Citizens Park, that the improvements need to be completed, that the plans have been reviewed and revised to the Woburn Handicapped and Disabled Citiznes Commission specifications, that the city has continued to improve the center without the park being finished, and that this will be a great addition to the park. Veronica Andrews, 164 Green Street stated that she is a member of the Woburn Handicapped and Disabled Commission, that the mayor met with the Commission to talk about the work that has been completed, that Citizens Park needs to be completed, that there has to be access from the municipal parking lot to Citizens Park for persons in wheelchairs, that if the park is not completed a closed sign can be set out and if the work is completed an open sign can be posted at the park. Motion made and 2^nd to receive the signs offered by Ms. Andrews and make them part of the record, all in favor, 8-0. Alderman Doherty stated that he would like to review the plans and what the long term maintenance plan is for the elevator. Attorney Salvati stated that the special permit petition is for the dwelling units on the top two floors. Alderman Gately stated that Department of Public Works constructed the park pursuant to plans that included the elevator, and that he will support this petition at this meeting. Alderman Drapeau stated that the apartments are a great idea to introduce people to the downtown area. Alderman Galvin stated that the Executive Director of the WRA has done a great job with this project. Alderman Gonsalves asked if affordable housing requirements apply to the project, and stated that the Woburn Handicapped and Disabled Citizens Commission took a lot of criticism when the park was opened without an elevator. Attorney Mark Salvati stated that here has to be four (4) or more units to be governed by the affordable housing ordinance. OPPOSED: None. Motion made and 2^nd that the public hearing be closed, all in favor, 8-0. PUBLIC

HEARING CLOSED. Motion made and 2^nd 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, all in favor, 8-0.

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On the petition Vee Vee Enterprises Inc., 8 Madison Avenue, Groveland, Massachusetts

01834 for a special permit pursuant to Section 5.1.57b of the 1985 Woburn Zoning

Ordinances, as amended, to allow for the parking of petitioner’s commercial vehicles at 5

Crescent Avenue. PUBLIC HEARING OPENED. A communication dated October 11, 2007 was received from Edmund P. Tarallo, Director, Woburn Planning Board as follows:

Re: Vee Vee Enterprises Inc. – 5 Crescent Avenue Unit 1 – To allow parking of a commercial vehicle (Section 5.1.57b)

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on October 2, 2007, the Board voted to send a favorable recommendation to the City Council to allow parking of a commercial vehicle (Section 5.1.57b) at 5 Crescent Avenue in accordance with the following conditions:

1. That the vehicles associated with the business and stored on site be registered in the City of Woburn.
2. That no storage of junk shall be allowed on site.

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

Sincerely, s/Edmund P. Tarallo, Planning Director

A copy of a communication dated September 27, 2007 from Brett F. Gonsalves, Senior Engineer, Engineering Department to Edmund Tarallo, Planning Director was received as follows:

Subject: 5 Crescent Avenue Unit 1 – Commercial Vehicle Parking Special Permit – Special Permit Application Dated September 24, 2007

This office has reviewed the special permit application for the above referenced location and offers the following comments. According to the information supplied by the applicant, the parking spaces that will be utilized for commercial parking will be 13, 4 and 15.

There have been numerous commercial parking special permits that have been granted for this location. Has an analysis been done to determine the amount of parking spaces that are left and if there are sufficient parking spaces for the remaining units? This should be investigated to ensure that the parking does not become an issue.

This office takes no exception to the special permit application as submitted.

Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts and he stated that the petitioner is applying for a special permit to park five (5) commercial vehicles, that the building is in the I-G zoning district, that a special permit is required, that the petitioner operates the business at this location, that the business is called 1-800-Junk, that the petitioner’s business is to travel to a home or office to remove junk and then dispose of the junk, that the petitioner will park three (3) vehicles outside of the building and two (2) vehicles inside the building, and that the Planning Board voted to send a favorable recommendation to the City Council with the following conditions: 1. The vehicles associated with the business and are stored on site will be registered in the City of Woburn, and 2. No storage of junk shall be allowed on site. Alderman Denaro stated that the city engineer had questioned the number of parking spaces. Attorney Tarby stated that three (3) parking spaces are deeded to each unit. Alderman Mercer-Bruen stated that the trucks are being used to advertise the company, that she has received calls indicating that the petitioner’s vehicles are being parked on public property, and that the City Council will have to look at the number of parking spaces that are left on the lot. Robert Valeri, Vee Vee Enterprises Inc. stated that there are ten (10) units in the building and each unit has three (3) deeded parking spaces, that the junk is taken to a transfer station and disposed of, that the trucks are then taken to the locus to be cleaned and washed. Alderman Gonsalves stated that per the plan there are thirty parking spaces with two (2) being designated as handicapped accessible. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that he has referred people to this company, that the petitioner is an aggressive and hard working company, that the area has no problem with parking spaces, and that the locus is well landscaped. OPPOSED: None  Motion made and 2^nd that the public hearing be closed, all in favor, 8-0. PUBLIC HEARING CLOSED.  Motion made and 2^nd 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, and 2. That the hours of operation will be 7:00 a.m. to 6:00 p.m. Monday –Saturday, all in favor, 8-0.

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On the petition by 112 Commerce Way LLC, c/o National Development, 2310 Washington Street, Newton Lower Falls, Massachusetts 02462 for a special permit pursuant to Section 5.1.35a of the 1985 Woburn Zoning Ordinances, as amended, to allow for a Pet Care Facility at 112 Commerce Way. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts and he stated that the petition has not been heard by the Planning Board, that the petitioner requests that the petition be continued to the Regular Meeting of the City Council on October 30, 2007, that the Planning Board will have submitted their recommendation by that time, that the petition is to allow a pet care facility, that the property is located in the B-I zoning district, that the locus contains 4.99 acres of land, and that the pet hotel is an accessory use to the pet store Petsmart which will be part of a retail center. Ray West of Pet Smart stated that the company is part of a chain all across the United States and Canada with 83 stores that have pet hotels, that the hotel is designed to accommodate cat and dog pets whose owners are out of town, that they have a “doggie day camp” for owners who do not what to leave their pets home all day alone, that Petsmart is involved in the placement of homeless animals, that they have certified pet grooming, nail cutting and teeth brushing, that they have a specialist on duty all day and night every day of the week, and that the pet hotel will be located in the back of the building with the store located in front. IN FAVOR: None  OPPOSED: None.  Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 30, 2007

AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL

PERMITS, all in favor, 8-0.

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On the petition A.L. Prime Energy, 319B Salem Street, Wakefield, Massachusetts 01880 for a special permit pursuant to Sections 5.1.46a, 51..46b and 5.1.22a of the 1985 Woburn Zoning Ordinances, as amended, to allow for a self service gasoline station and convenience store with hours in excess of 7:00 a.m. to 10:00 p.m. at 1 Hill Street. PUBLIC HEARING OPENED. Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petition is to allow for a self service gasoline station and convenience store with the hours in excess of 7:00 a.m. to 10:00 p.m., that the locus is located in the B-I zoning district, that in the B-I zoning district a convenience store is allowed by right if it is less than 5,000 square feet in area, and that the building will be owner-occupied with 1,000 square feet for the convenience store and no fast food. Tony Guba, Ayoub Engineering & Architectural Consultants, 414 Benefit Street, Pawtucket, Rhode Island 02861 stated the locus is on a hill with a paved area around the existing building which will be removed, that the site will be graded to be level with the parking area, that the back of the lot is twelve to fourteen feet higher than the front of the lot, that the store will be on the ground level with the gasoline station, that the dumpsters will be screened, that parking for the office building will be in the upper area, and that the building will be five (5) stories with a total of 11,900 square footage with two parking spaces located in the building. Nasser Busier, Prime Energy stated that the company will be using the building as their corporate office, and that the petitioner currently has eighteen (18) employees. Jim Winn, Greenman-Pedersen, Inc., 61 Spit Brook Road, Suite 110, Nashua, New Hampshire 03060 stated that he is the traffic consultant for the project, that the business will generate between six to twenty-eight vehicle trips during the peak morning and afternoon hours, and that the petitioner proposes to widen Hill Street and add a right turn only lane. Mr. Busier stated that the petitioner has many divisions and is a company that does many things, that the petitioner currently has three (3) offices that will be combined at this one location, that this will be the main headquarters for all the divisions, that the company has sixteen trucks, that no trucks will be stored at this location, and that the trucks are parked at the Irving terminal. Alderman Galvin stated that the petitioner has done a good job at the Pleasant Street location, and that he does see this plan as a good fit for the Montvale Avenue corridor. Mr. Winn stated that the traffic study was conducted on October 1, 2007 in three sections, that they looked at the site as a vacant registry building with three access points, that there is a shared driveway with the hotel that will be maintained, that they looked at growth and contacted the Woburn and Winchester redevelopment authorities, that most of the traffic is pass-by traffic, and that they will require MassHighway approval for the project as the property abuts Interstate Route 93. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park stated that he had met this business owner several years ago, that the petitioner has done a good job with their property on Pleasant Street, that the petitioner supplies gas for the Woburn Police and Woburn Fire Department vehicles, and that this is a good fit for the area. OPPOSED: None. Alderman Mercer-Bruen stated that the traffic is tight in that area, that an office building is a good idea for the area, that it is the gasoline station concerns her, and that she will have to review the plan. Motion made and

2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 19, 2007 AND THAT THE MATTER BE REFERRED TO COMMITTEE ON SPECIAL PERMITS, all in favor, 8-0.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

SPECIAL PERMITS:

On the petition by Graybar Electric Company Inc., 34 N. Meramec Avenue, St.

Louis, Missouri 63105 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 5.1.57b to allow for the parking of commercial vehicles at Lot 6C, Draper Street, committee report was received as follows:  “Ought to pass, as amended with the conditions as follows: 1. That the conditions in the Planning Board special permit issued relative to the property on October 5, 2007 be adopted as conditions of the special permit as follows: In accordance with the plans entitled “Site Plan in Woburn, Mass.” prepared by Hayes Engineering, Inc. 603 Salem St. Wakefield, Mass. 01880 dated August 5, 2004, Revised Sept. 2, 2004, Oct.

20, 2004, Oct 27, 2004, Nov. 8, 2004, April 18, 2007, July 5, 2007, August 10, 2007, September 5, 2007, and September 21, 2007 replacing the existing Condition 6 with the following: “The hours of operation shall be limited to 5:30 A.M. to 8:00 P.M., Monday through Friday, however the building shall not be open for business to the public until 6:00 A.M , Monday through Friday. The hours of operation shall further be limited to 7:00 A.M. to 4:00 P.M on Saturdays; and from Noon to 4:00 P.M. on Sundays.”; and further replacing the existing Condition 8 with the following: “No deliveries shall be allowed on the site prior to 7:30 A.M. or after 8:00 P.M., Monday to Friday and there shall be no deliveries on Saturday or Sunday. However, one delivery per day shall be allowed between the hours of to 8:00 P.M and 10:30 P.M.

Monday through Friday.” 2. The recommendation of the Planning board proposing that the following conditions be made part of this special permit. Those conditions are as follows: a. That an access easement shall be recorded between Lots 5E and 6C and said easement shall be provided to the Building Inspector prior to building permit., b. All lighting on surrounding premises shall be reflected downward to avoid any impact on surrounding properties., c. That the approval shall be limited to one commercial vehicle, which shall be registered in the City of Woburn., d. That the conditions of the Site Plan Approval voted by the Planning Board on June 18, 2007 as amended on September 25, 2007 shall be incorporated as conditions of this Special Permit.; 3. The petitioner shall post signs within its customer pick up area and loading area requesting both its customers and delivery companies to obey the rules of the road while traveling on city of Woburn streets and to use caution while traveling on Nashua Street to and from Draper Street; 4. The petitioner’s commercial vehicles shall not use the section of Nashua Street between Draper Street and Holton Street when traveling to and from the Site; 5. The petitioner shall instruct its employees not to use the section of Nashua Street between Draper Street and Holton Street when traveling to and from the Site; 6. That the special permit is for one truck operated by Graybar Electric Company Inc. and is not transferable; 7. That the special permit shall be reviewed one year from the date of issue by the Committee on Special

Permits.” Motion made and 2^nd the COMMITTEE REPORT be ADOPTED, all in favor, 8-0.

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NEW PETITIONS:

Petition by Rennaissance Development Corp., c/o Attorney Joseph Tarby III, Murtha

Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 for an Inflammable License to allow the storage of flammable fluids as follows: 1. 30 gallons of gasoline aboveground in two motor vehicles, and 2. 30,000 gallons underground in three (3) 10,000 gallon tanks, at 1 Hill Street. Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 8-0.

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COMMUNICATIONS AND REPORTS:

A communication dated October 9, 2007 was received from the Woburn Traffic Commission as follows:

Re: Alteration of Nashua Street

This is in response to a communication dated September 12, 2007 received from the City Council seeking a report on objections or recommendations of the Traffic Commission relative to a proposed alteration of Nashua Street. At its meeting on September 20, 2007, the Traffic Commission reviewed the matter and voted as follows:

“Motion made and 2^nd that a communication be forwarded to the City Council to explore the dead-ending of Nashua Street at Holton Street, and install a diagonal diverter at Nashua Street and Tremont Street for thirty days each to determine its impact, all in favor, 7-0 (Collins absent).”

If you require any additional assistance from the commission, please advise.

s/William C. Campbell, City Clerk and Clerk of the Traffic Commission

Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0.

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A communication dated  October 5, 2007 was received from City Solicitor Mark R.

Reich, Kopelman and Paige, P.C. relative to the authority of the City Council and the Traffic Commission in altering city ways. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0.

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A communication dated October 5, 2007 was received from the Woburn Traffic Commission as follows:

Re: Traffic Study Funding

At its Traffic Commission meeting on September 20, 2007, the City Council voted to authorize a traffic calming study on Washington Street from Salem Street to Montvale Avenue and that the study include the area on Merrimac Street near Tedesco Drive beginning from the intersection at Main Street to a point 2,500 feet along Merrimac Street. The Traffic Commission also voted to seek from the City Council the funds necessary to conduct the study.

Thank you for your attention to this matter.

s/William C. Campbell, City Clerk and Clerk of the Traffic Commission

Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 8-0.

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

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APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

ORDERED     That pursuant to Chapter 224 of the Acts of 1900 amending Chapter 172 of the Acts of 1897, known as the Charter of the City of Woburn, the position of Alderman of Ward Six shall be filled for its unexpired term by ballot of the City Council at its Regular Meeting on Monday, November 19, 2007 at 7:30 p.m.; and

Be It Further Ordered, that the City Clerk and Clerk of the Council shall cause notice of this election to be published in one of the newspapers published in the City of Woburn at least one week prior to said meeting.

s/President Doherty

Motion made and 2^nd that the ORDER be ADOPTED, all in favor, 8-0

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ORDERED     That in accordance with a precept of the Senate of the Great and General Court of the Commonwealth of Massachusetts and in accordance with Massachusetts General Laws Chapter 54, as amended, the City Clerk is hereby authorized and directed to notify and to warn such of the

inhabitants of WARD ONE, WARD THREE, WARD FOUR, WARD FIVE, WARD SIX AND WARD SEVEN of the City of Woburn as are

qualified to vote in Primaries to assemble at the polling places in their respective wards as designated herein, on TUESDAY, the THIRTEENTH OF NOVEMBER, 2007 from 7:00 a.m. to 8:00 p.m., then and their to cast their votes in the Special State Primary for the candidates of the political parties DEMOCRATIC, REPUBLICAN, GREEN-RAINBOW AND

WORKING FAMILIES for the office of Senator in General Court from the Fourth Middlesex District  at the following polling places:

Ward-Precinct             Polling Place Location

1-1                        Joyce Middle School Library

55 Locust Street

1-2                             Clapp Elementary School Cafeteria

Hudson Street and Arlington Road

3-1                              Hurld Elementary School Gymnasium

75 Bedford Road

3-2                              Hurld Elementary School Gymnasium

75 Bedford Road

4-1                         Wyman Elementary School Auditorium                       Main Street and Eaton Avenue

Motion made and 2^nd that the ORDER be ADOPTED, all in favor, 8-0.

Presented to the Mayor: October. 19, 2007   s/Thomas L. McLaughlin Oct. 19, 2007

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ORDERED     That communication be sent on behalf of the City Council to Secretary Ian A. Bowles, Executive Office of Energy and Environmental Affairs and Mass Highway Project Planning regarding the I-93/I-128 Interchange Improvement Project and EOEA number 14098 requesting the formation of a Citizens Advisory Committee.

s/Alderman Mercer-Bruen and

Alderman Dwyer

Motion made and 2^nd that the ORDER be ADOPTED, all in favor, 8-0.

Presented to the Mayor: October. 19, 2007   s/Thomas L. McLaughlin Oct. 19, 2007

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ORDERED     That the City of Woburn hereby accepts the provisions of Chapter 55 of the Acts of 2006 “An Act increasing the accidental death benefit payable to surviving children”.

s/Alderman Gately

Motion made and 2^nd that the ORDER be ADOPTED, all in favor, 8-0.

Presented to the Mayor: October. 19, 2007   s/Thomas L. McLaughlin Oct. 19, 2007

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RESOLVED That The Superintendent of Public Works repave Banner Drive its entire length and from side to side.

s/Alderman Dwyer

Motion made and 2^nd that the RESOLVE be ADOPTED, all in favor, 8-0.

Presented to the Mayor: October 19, 2007    Returned Unsigned October 19, 2007

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RESOLVED That the Woburn Traffic Commission hold a public hearing to determine the necessity of establishing no parking restrictions on the residential streets located in and around the area of the Woburn High School.

s/Alderman Gately

Motion made and 2^nd that the RESOLVE be ADOPTED, all in favor, 8-0.

Presented to the Mayor: October 19, 2007    s/Thomas L. McLaughlin Oct. 19, 2007

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RESOLVED  That His Honor the Mayor forward to the City Council for approval an appropriation in the amount of $40,000.00 under the Police Department budget for the purposes of purchasing a new police cruiser to be assigned for use of the Woburn Police Traffic Division only.

s/Alderman Gately, Alderman Mercer-Bruen,

Alderman Drapeau, Alderman Dwyer

Motion made and 2^nd that the RESOLVE be ADOPTED, all in favor, 8-0.

Presented to the Mayor: October 19, 2007    Returned Unsigned October 25, 2007

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RESOLVED That pursuant to 1989 Woburn Municipal Code, as amended, Title 3,

Article I, Section 3-6 the Deputy Superintendent of Public Works, Parks Department, School Department, Police Department and Fire Department are hereby authorized to dispose of the following vehicles which the departments have determined is of no value to the department and which no other department has expressed an interest in obtaining:

Year    Make/Model                              VIN

Motion made and 2^nd that the RESOLVE be ADOPTED, all in favor, 8-0.

Presented to the Mayor: October 19, 2007    s/Thomas L. McLaughlin Oct. 19, 2007

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Motion made and 2^nd to suspend the rules for the purpose of adding the following Rule  19 Committee reports and late filed matters to the Order of the Day, all in favor (8-0).

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FINANCE:

On the Order to appropriate the sum of $5,000.00 from Free Cash to City Clerks Election Tables Account committee report was received “ought to pass.”  Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 7-1 (Galvin opposed). Presented to the Mayor: October. 19, 2007   s/Thomas L. McLaughlin Oct. 19, 2007

                                                ________________________

On the Order to transfer the sum of $150,000.00 from BLS Receipts Account to Fire

Ambulance Salary and Ambulance Maintenance, committee report was received “ought to pass.”  Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 8-0.

Presented to the Mayor: October 19, 2007      s/Thomas L. McLaughlin Oct 19, 2007 

                                                ________________________

On the Order to transfer the sum of $269,999.00 from I&I Reserve Account to various DPW Accounts, committee report was received “ought to pass.”  Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 8-0.

Presented to the Mayor: October 19, 2007    s/Thomas L. McLaughlin Oct 19, 2007

                                                 ________________________

ORDINANCE:

On the Order to amend Title 20, Section 20-7 of the 1989 Woburn Municipal Code as  Amended, relative to fees of the Sealer of Weights and Measures, committee report was  Received, “ought to pass” as amended, with the amendment as follows: “That gas liquid  measurement” be changed from “$50.00 per pump” to “$25.00 per pump” and that the  Ordinance be reviewed in May 2008 during the budget review process.  Motion made and  2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 7-1 (Galvin opposed). Presented to the Mayor: October 19, 2007   s/Thomas L. McLaughlin Oct 19, 2007

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PERSONNEL:

A communication date October 15, 2007 was received from His Honor the Mayor as follows:

Re: Kenneth R. Summers – Board of Appeals

Dear Mr. Campbell:

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Mr.  Kenneth R. Summers of 6B Bartlett Drive as a member of the Board of Appeals for a period of three years.

Mr. Summers will replace Stephen Braese who has resigned.  Please be advised that  Mr. Summers’ term will begin upon confirmation by the City Council.

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

Sincerely, s/Thomas L. McLaughlin, Mayor

Motion made and 2^nd that the Matter be REFERRED TO COMMITTEE ON  PERSONNEL, all in favor, 8-0.

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NEW PETITIONS:

Petition be CFRI/CQ Woburn LLC c/o Campanelli Companies, One Campanelli Drive,

Braintree, MA 02185 for a special permit pursuant to Section 5.1 (30b) of the 1985 Woburn Zoning Ordinances, as amended, to allow for additional office space of approximately 135,000 square feet with the total office space of approximately 171,700  square feet at 8 Presidential Way.  Motion made and 2^nd that the MATTER be  REFERRED TO PUBLIC HEARING, all in favor 8-0.

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Motion made and 2^nd to return to the regular order of business, all in favor 8-0.

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Motion made and 2^nd to ADJOURN, all in favor, 8-0. Meeting adjourned at 10:10 p.m.

A TRUE RECORD ATTEST:

Joyce M. Gray

Assistant City Clerk and

Clerk of the City Council, Pro Tem