City Council – 10/18/2011

DATE 10/18/2011
TIME 7:30 pm
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

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

CITY OF WOBURN

OCTOBER 18, 2011 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro

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VOTED to dispense with the reading of the previous meeting’s Journal and to APPROVE, all in favor, 9-0.

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MAYOR’S COMMUNICATIONS: 

 

ORDERED     That the sum of $5,845.00 be and is hereby transferred as so stated from Police Salary Acct #0121051-51100 $5,845.00 to Cruiser Outlay Acct #0112158-586681 $5,845.00

 

I hereby recommend the above. s/Robert Ferullo, Chief of Police

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

I hereby approve the above: s/Scott D. Galvin, Mayor

 

s/President Denaro

 

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

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PUBLIC HEARINGS:  

On the petition by Woburn 38 Development LLC, 1621 State Street, New Haven,

Connecticut for a special permit pursuant to Section 5.5 of the 1985 Woburn Zoning Ordinances, as amended to allow for the removal of loam, soil, clay, sand, borrow, gravel, stone or any other earth product, earth constituent or earth material from 1042 Main Street, 0 Briarwood Drive and 7 Driftwood Drive. PUBLIC HEARING OPENED. A communication dated October 7, 2011 was received from Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Woburn 38 Development LLC, 1042 Main Street, and 0

Briarwood Road, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Please be advised that I represent Woburn 38 Development LLC in connection with the above-referenced Petition seeking approval from the City Council to allow for the removal of loam, soil, clay, sand, borrow, gravel, stone or any other earth product, earth constituent or earth material from 1042 Main Street and 0 Briarwood Road, Woburn, Massachusetts. On behalf of my client, I respectfully request leave to withdraw without prejudice of the above-referenced petition which has been scheduled for a public hearing on October 18, 2011.

 

If you need any further information, please do not hesitate to contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby III

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, all in favor, 9-0.

 

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On the petition by Waste Management of Massachusetts Inc. and WM Recycle America L.L.C., 26 Patriot Place, Suite 300, Foxboro, Massachusetts 02035 for a special permit pursuant to Sections 5.1.40bb, 42, 57b, 7.3 and 8.6.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the alteration of the existing non-conforming use and structure to provide for a heavy manufacturing facility (processing of residential and commercial single-stream recyclables); the storage and distribution of same; the installation of two truck scales; exception to the landscaping requirements; and to allow for the overnight storage of commercial vehicles at 485 Wildwood Avenue. PUBLIC HEARING OPENED. A communication dated October 7, 2011 was received from Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Waste Management of Massachusetts, Inc. and W.M. Recycle America L.L.C., 485 Wildwood Avenue, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Due to the fact that the Planning Board will not complete its review of the above petition until its meeting on October 25, 2011, I respectfully request that the public hearing on this matter be continued to November 15, 2011.

 

If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby III

 

Appearing for the petitioner was Attorney Joseph Tarby. Alderman Mercer-Bruen stated if the matter is to be continued that she wants the initial public hearing on this matter to go forward on November 15th. Attorney Tarby stated that the petitioner would present the matter at the November 15th meeting. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the MATTER be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 15, 2011, all in favor, 9-0.

 

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On the petition by James W. Dean for Dollar Tree Stores, 4 Railroad Avenue, Suite 301,  

Wakefield, Massachusetts 01880 for a special permit pursuant to Sections 7.3 and 8.7.2.10 of the 1985 Woburn Zoning Ordinances, as amended, to extend a pre-existing non-conforming structure by replacing two existing loading docks with a single loading dock at 425 Washington Street. PUBLIC HEARING OPENED. A recommendation dated September 19, 2011 was received from Edmund P. Tarallo, Planning Director as follows:

 

Re:  Dollar Tree Stores – 425 Washington Street – To allow for the alteration of a preexisting non-conforming structure by demolishing two existing loading docks and replacing them with a single loading dock pursuant to Sections 7.3 and 8.7.2 (10)

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on September 6, 2011, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Dollar Tree Stores, regarding the property at 425 Washington Street subject to the following condition:

 

1. That a landscaping plan shall be provided and approved by the Planning Board for the area to the rear of the property between the building and the southeast property line for the purpose of providing screening to the abutting residential properties.

 

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 report was received from the Committee on Special Permits as follows: “ought to pass, with the conditions as follows: 1. Planning Board Recommendation: That a landscaping plan shall be provided and approved by the Planning Board for the area to the rear of the property between the building and the southeast property line for the purpose of providing screening to the abutting residential properties; 2. That arborvitaes be planted as shown on “SK3” Plan entitled “Dollar Tree Ski Market, Woburn, Massachusetts Landscape Plan and Dumpster Enclosure Elevation” prepared by RRMM Architects, PC dated 9/15/2011 with registered architect stamp 10/13/2011; 3. That an eight-yard dumpster be located on the side of the building, mid-way between the rear and parking lot; 4. That the dumpster be screened; 5. That the dumpster be emptied once per week; 6. That the dumpster not be picked up before 7:00 am; 7. That the petitioner post signs which read “No overnight truck parking – Police Take Notice”; 8. That, if necessary, the petitioner (Dollar Tree) will treat for rodents; and 9. That deliveries shall be Monday through Friday, between the hours of 7:00 am through 9:00 pm. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 90. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That the 9 conditions recommended by the Committee on Special Permits, as further amended, be adopted as conditions of the special permit, 2. That condition 7 be amended to read “That there will be no overnight truck parking and that the petitioner shall post signs which read “No overnight truck parking – Police Take Notice”, all in favor, 9-0.

 

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On the petition by Seaver Properties LLC to amend the 1985 Woburn Zoning Ordinances, as amended by adding Note 25 relative to automobile and truck repair garages to Notes to 5.1 Table of Use Regulations and under Section 5.1, line 44, Table of Use Regulations by replacing the “-“ with a “P” in the S-1 Zoning District and inserting:

Note 25 under the heading:  “Notes; Other Sections”. [See City Council Journal of

September 20, 2011 for a full recitation of the proposed Ordinance.] PUBLIC HEARING

OPENED. A communication dated October 12, 2011 was received from Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Proposed Amendment to Section 5 Notes to Table of Use Regulations and Section 5.1 Table of Use Regulations of the 1985 City of Woburn Zoning Ordinance, as Amended

 

Dear Mr. Campbell:

 

Due to the fact that the Planning Board will not complete its review of the above proposed Amendment until its meeting on October 25, 2011, I respectfully request that the public hearing on this matter be continued to November 1, 2011.

 

If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby III

 

Appearing for the petitioner was Attorney Joseph Tarby and he stated that the Planning Board will not be meeting on this matter until November 15, 2011 and therefore he requests the matter before the City Council be continued to the Regular Meeting on December 6, 2011. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the MATTER be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL

ON DECEMBER 6, 2011, all in favor, 9-0.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS: None.

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NEW PETITIONS:

 

Petitions for renewal of First Class Motor Vehicles Sales Licenses by C.N. Wood

Company, Inc., 200 Merrimac Street; Lannan Chevrolet, Inc., 40 Winn Street & Winn

Street; R.C. Olsen Cadillac, Inc., 199-201 Cambridge Road; and Woodco Machinery, Inc., 22 North Maple Street. Motion made and 2nd that the MATTER be REFERRED TO THE COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

 

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Petitions for renewal of Second Class Motor Vehicles Sales Licenses by Murray’s

Enterprises, Inc. dba Murray’s Auto & Truck Sales, 88 Winn Street; Southside

Associates, Inc. dba Burke’s Garage, 71 Main Street; David Dellarocco dba Woburn Auto Sales, 5 Crescent Avenue #4. Motion made and 2nd that the MATTER be

REFERRED TO THE COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

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COMMUNICATIONS AND REPORTS:

 

A communication dated October 4, 2011 was received from Joanne Collins, Director, Woburn Council on Aging along with a copy of the Director’s Report and the minutes of the Council on Aging for the month of September. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A copy of a communication dated September 30, 2011 to Mayor Scott D. Galvin was received from Patricia A. Leavenworth, P.E., District Highway Director, MassDOT, 519 Appleton Street, Arlington, Massachusetts 02476 was received advising that resurfacing and related work will commence on a 2.04 mile section of I-95 from Burlington to Woburn including work in the vicinity of the Winn Street interchange. Motion made and

2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

 

APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     That the Regular Meeting of the City Council scheduled for December 20, 2011 shall begin at 6:30 p.m.

 

s/President Denaro

 

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

 

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RESOLVED Whereas, the education of the youth of the City of Woburn is of the highest priority for the entire City of Woburn; and

 

Whereas, providing parity in the Woburn Public School system remains a top priority for our City: and

 

Whereas, making sure our students and teachers have a first rate school building to teach and learn in is consequentially important to the educational process; and

 

Whereas, making sure our students and teachers have the newest technology to help advance the requisite educational needs of our students in Woburn is an attainable goal for the City of Woburn;

 

Now therefore be it resolved that the Mayor, Superintendent of Schools and Woburn School Committee take the appropriate steps to file a Statement of Interest with the Massachusetts School Building Authority to build a new Hurld-Wyman Elementary School.

 

s/ Alderman Haggerty, Alderman Anderson, Alderman Gaffney,

President Denaro

 

Alderman Raymond stated that he wants more discussion of this issue before adoption of the resolution, that the city should be convinced that the next step in the process is the Hurld School and Wyman School buildings, that it must be determined how the building will be paid for and where the swing space will be, and that the city also has to look at the Altavesta School and Linscott School buildings. Alderman DiTucci stated that she agrees that the Hurld School and Wyman School buildings need work, that she is not certain that this is the next school project that needs to be completed, that the city should look to the middle school project in Burlington in which millions of dollars were saved by renovating the old school, that the city is still proceeding with a plan that is a decade old and needs to be reevaluated, that the city should take another look before proceeding with another school, and that there has not been lot of discussion at the School Committee meetings regarding the school plan. Alderman Drapeau stated that he has an issue in that this is not coming from the School Committee to the City Council by the reverse, that in the past the School Committee has evaluated and then advised the City Council for approval to submit a statement of interest, that the city needs to establish parity among all students across the city within the constraints of the city’s budget, that the School Committee should have the opportunity to make that decision for the appropriate reasons, and that he does not want to dictate to the School Committee what should be done.

Alderman Mercer-Bruen stated that she supports the resolution, that the School

Committee will reply to this action, that the City Council proceeded in this fashion for the Goodyear school and should do so with the Hurld School and the Wyman School, that the school rebuilding plans are more recent than ten years old, and that the School Committee and Massachusetts School Building Authority (MSBA) process determines whether a school should be rebuilt or remodeled. Alderman Gately stated that the consolidation of schools is an issue, that the new location for this school should be known, that the source of the funding for the project should be known, that the City Council should take a step back to get answers to these questions before proceeding, and that this may only be a resolution but it begins moving the process forward. Alderman Gaffney stated that within two weeks the School Committee will be contacting the

MSBA relative to beginning the Hurld School-Wyman School process. Alderman

Anderson stated that there is a statement of interest to begin the process, that the matter will come back to the City Council before the School Committee moves forward, and that he wants to get the process moving forward. Alderman Haggerty stated that this is the first step in the process, that this will begin the discussion that needs to take place, that the original intent of the school building program was to reduce the elementary schools from nine to six buildings, that the Wyman School is one of the neediest school buildings in the city, that this action is necessary, appropriate and timely, that the school buildings need to meet the needs of the 21st century student, and that this discussion will continue over many years and the process will not end soon. Alderman Drapeau stated that he has no issue supporting the resolution since the action is sending a message that the City Council is interested in the School Committee proceeding with the statement of interest.

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

Presented to the Mayor: October 20, 2011             s/Scott D. Galvin Oct. 20, 2011

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Motion made and 2nd to suspend the rules for the purpose of adding the following late filed matters to the Order of the Day, all in favor, 9-0.

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ORDERED     That the sum of $180,000.00 be and is hereby transferred as so stated from New Woburn Memorial High School Acct #616058-588095 $180,000.00 to New WMHS Security Acct #616058-588099 $180,000 – Purpose: Install new security cameras at WMHS.

 

I hereby approve the above: s/Scott D. Galvin, Mayor

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

 

s/President Denaro

 

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

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

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 7:58 p.m. _________________________

 

A TRUE RECORD ATTEST:

 

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

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