City Council – 10/20/2009

Meeting Agenda

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CITY OF WOBURN

OCTOBER 20, 2009 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

Doherty

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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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Motion made and 2^nd to suspend the rules to take the following communication out of order, all in favor, 9-0.

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A communication was received from the Friends of Mary Cummings Park requesting time to address the City Council concerning the Mary Cummings Park. Alderman Denaro stated that this matter is out of order and that the City Council should not be taking communications and holding hearings on the matter without knowing what the matter concerns. President Doherty stated that this process has been used several times and that the matter was placed on the agenda pursuant to his request. Mayor McLaughlin stated that he received the resolution adopted by the City Council on April 28, 2009, that the city has been attempting to work with Northeastern University to acquire the land, and that he is in favor of acquiring the Whispering Hill parcel for the city. Edmund Tarallo, Planning Director, Woburn Planning Board stated that the city’s counsel Attorney

Brackett contacted Northeastern University concerning the status of the property, that Northeastern University has consulted a real estate broker and is interested in a straight sale of the property, that Northeastern University representatives indicated that they would contact the City of Woburn in the Fall 2009 once they had completed their due diligence with regards to the property, that the city met with representatives of the Trust for Public Land, that a partnership between the Trust for Public Land and the City of Woburn was discussed, that it was the Mayor’s intent to make a presentation to the City Council regarding a possible partnership with the Trust for Public Land, that the Trust for Public Land could provide such resources as a title search and survey work, that the Trust for Public Land could acquire title to the property for a short time and then convey the land to the city, that the Trust for Public Land has experience in acquiring this type of land, that the Trust for Public Land will not be a competitor to the city and will not come into the city unless they are wanted, that the city will have to follow the M.G.L. Chapter 30B process with regards to an appraisal and similar activities, that the Trust for Public Land could provide their services without charge to the city and therefore will not be subject to M.G.L. Chapter 30B, that the city is looking at the property as open space and not for development, that once the property was acquired the city should rezone the parcel to open space, that rezoning the parcel to open space will decrease the amount of available space in the city and moves the city closer to M.G.L. Chapter 40B requirements, that the city is close to the M.G.L. Chapter 40B requirements but still below the levels, that the city is approximately sixteen acres short of achieving M.G.L. Chapter 40B land mass calculation requirements, that he does not believe there are other significant parcels in the city that can be rezoned to open space, and that the city cannot use Community Preservation Act funds for this type of transaction as the city has not adopted the provisions of the Community Preservation Act. Alderman Galvin stated that this is a good piece of land for the city to acquire once the price is determined and also how the city can afford to make the purchase. President Doherty stated that the city should look to rezone any parcels of land in the city that are available for open space to move the city closer to the M.G.L. Chapter 40B land mass calculation requirements. Steven Keleti, President, Friends of Mary Cummings Park, 18 Clarendon Street, Malden,

Massachusetts 02148 stated that it is not clear if there is sufficient transparency with Northeastern University operations to determine their true intent with respect to the property, and that priority habitat designation covers much of the land and impacts the value of the property. Mr. Keleti offered a document entitled “Presentation by Friends of

Mary Cummings Park to the Woburn City Council regarding Whispering hill Woods October 20, 2009” 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. Alderman Drapeau stated the Northeastern University is not fulfilling the mission set out by its President, that all stakeholders should be notified of this matter, and that a meeting in the Committee on Liaison may be a more appropriate forum for this discussion. President Doherty stated that the matter should be referred to the Committee on Liaison so that the city can get more involved with this process. Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON LIAISON, all in favor, 9-0.

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

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MAYOR’S COMMUNICATIONS:  None.

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PUBLIC HEARINGS:  

On the petition by Alderman Mercer-Bruen concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 14 Felton Street, Woburn, Massachusetts, for the purposes of determining whether said structure or structures are a public nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or other structure, as said terms are used in Massachusetts 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. PUBLIC HEARING OPENED. Alderman Mercer-Bruen stated that the property went into foreclosure and is scheduled for auction, that the parties have moved on, and that the public hearing should be closed. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the public hearing be closed, all in favor, 9-0. Motion made and 2^nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT

PREJUDICE, all in favor, 9-0.

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On the petition by NSTAR Electric Company for a grant of right in a way to install conduit in Water Street northerly at pole 229/15 approximately 240 feet +/- west of Woburn Parkway a distance of about 36 feet +/-. PUBLIC HEARING OPENED. A communication dated September 29, 2009 with a copy of the plan entitled “Water Street, Woburn, Proposed NSTAR Conduit Location” dated August 28, 2009 was received from Vincent Ferlisi, Superintendent, Department of Public Works as follows: “Approved as per attached”. A communication dated October 20, 2009 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re:  NSTAR Electric Company for a grant of right in a way to install conduit in Water Street northerly at pole 229/15 approximately 240 feet +/- west of Woburn Parkway a distance of about 36 feet +/-

Dear Mr. Campbell and members of the City Council:

I have reviewed the plan submitted to the City Council by NSTAR regarding the granting the installation of conduit in Water Street at pole 229/15. This location of installation of conduit is not in accordance with the subdivision plans approved by the Planning Board which shows the conduit location at pole 299/14. Based on the discrepancy of the plans, I would request that this matter be continued until the discrepancy is resolved.

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 Jacqueline Duffy, Right of Way Agent, NSTAR Electric and she stated that this is to provide new underground service to six new homes at 68 Water Street, and that the Planning Board issue is on private property. Edmund Tarallo, Planning Director, Woburn Planning Board stated that the Planning Board subdivision plan shows the connection coming off pole 299/14 however this petition shows the connection coming from pole 299/15, and that the city Engineering

Department visited the site and determined that the service was going under the middle of the street rather than along the side of the street as approved by the Planning Board. IN FAVOR: Bryan Melanson, 60 Glenwood Avenue stated that the project is under a time schedule, that he will work with the Planning Board to resolve these issues, and that conveyances of some of the parcels have been scheduled. OPPOSED: None. Motion made and 2^nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED with the amendment as follows: 1. That NSTAR Electric comply with the requirements of the Planning Board subdivision plan, all in favor, 9-0.

Presented to the Mayor: October 23, 2009      s/Thomas L. McLaughlin Oct. 26, 2009

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Motion made and 2^nd that the public hearings on the next two petitions be held collectively, all in favor, 9-0.

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On the petition by Cummings Properties, LLC, as managing agent for Sudbury Research Center, LLC, 200 West Cummings Park, Woburn, Massachusetts 01801 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to extend and alter a pre-existing non-conforming structure to construct an elevated pedestrian walkway from the second floor of the subject building located at 34 Commerce Way to the second floor of the adjacent building at 8 Cabot Road. PUBLIC

HEARING OPENED. A communication dated October 19, 2009 was received from Ernest N. Agresti, Jr., Vice President Administration, Cummings Properties, 200 West Cummings Park, Woburn, Massachusetts 01801 as follows:

Re: Woburn Properties, LLP – Sudbury Research Center, LLC

8 Cabot Road – 34 Commerce Way, Woburn, Massachusetts

Dear Board Members:

Please accept this letter as a request to continue the above referenced Special Permit Application hearings until December 1, 2009, as we continue to seek approval from the Zoning Board of Appeals.

If there are any questions, or if any further information is required, please contact Michael Aveni or me at 781-935-8000.

Thank you for your assistance.

Sincerely yours,

CUMMINGS PROPERTIES, LLC

s/Ernest N. Agresti, Jr., Vice President Administration

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 1, 2009, all in favor 9-0.

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On the petition by Cummings Properties, LLC, as managing agent for Woburn Properties, LLP, 200 West Cummings Park, Woburn, Massachusetts 01801 for a special permit pursuant to Sections 5.1.30b and 5.1.41 of the 1985 Woburn Zoning Ordinances, as amended, to amend a special permit granted on May 19, 2009 to construct an elevated pedestrian walkway from the second floor of subject building located at 8 Cabot Road to the second floor of existing adjacent building at 34 Commerce Way. PUBLIC HEARING OPENED. A communication dated October 19, 2009 was received from Ernest N. Agresti, Jr., Vice President Administration, Cummings Properties, 200 West Cummings Park, Woburn, Massachusetts 01801 as follows:

Re: Woburn Properties, LLP – Sudbury Research Center, LLC

8 Cabot Road – 34 Commerce Way, Woburn, Massachusetts

Dear Board Members:

Please accept this letter as a request to continue the above referenced Special Permit Application hearings until December 1, 2009, as we continue to seek approval from the Zoning Board of Appeals.

If there are any questions, or if any further information is required, please contact Michael Aveni or me at 781-935-8000.

Thank you for your assistance.

Sincerely yours,

CUMMINGS PROPERTIES, LLC

s/Ernest N. Agresti, Jr., Vice President Administration

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 1, 2009, 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 Vehicle Sales License by C.N. Wood

Company, Inc., 200 Merrimac Street; Lannan Chevrolet-Olds, Inc., 40 Winn Street and

56 Winn Street; Woburn Foreign Motors, 394 Washington Street; and Woodco Machinery Inc., 22 North Maple Street. Motion made and 2^nd that the MATTERS be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

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Petitions for renewal of Second Class Motor Vehicle Sales Licenses by Capelo’s Auto

Service, Inc., 22 Winn Street; Jeffrey Pollock dba Exclusive Automobiles, 7 Independence Drive; J.C. Auto Sales, 84-86 Winn Street; Velozo Enterprises, Inc. dba Rogers Radiator, 936 Main Street; David Dellarocco dba Woburn Auto Sales, 5 Crescent Avenue #4; and Donald J. Socorelis dba Woburn Glass Company, 243 Main Street. Motion made and 2^nd that the MATTERS be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

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Petition by Nextel Communications of the Mid-Atlantic Inc., c/o Clear Wireless, LLC, 960 Turnpike Street, Suite 28, Canton, Massachusetts 02021 for a special permit pursuant to Section 5.6 of the 1985 Woburn Zoning Ordinances, as amended, to allow a wireless communications link on the NSTAR Electric Company utility structure at 168 Rear Lexington Street. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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Petition by Anthony K. Paone, Trustee of Harrison Avenue Realty Trust, 141 Sylvester Avenue, Winchester, Massachusetts 01890 for a special permit pursuant to Section 15 of the 1985 Woburn Zoning Ordinances, as amended, Groundwater Protection District to accommodate the filling and parking of motor vehicle use authorized by a special permit issued on October 9, 2009 at 7 Harrison Avenue. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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Petition by Michael H. Riccardi dba Mike’s Auto Body, 17 North Maple Street, Woburn,

Massachusetts 01801 for a special permit pursuant to Section 5.1.44 of the 1985 Woburn

Zoning Ordinances, as amended, to operate an auto body repair shop at 219 New Boston

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

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A communication dated October 19, 2009 was received from Attorney John D. McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 as follows:

Re:  Request for Minor Modification to Special Permit

Applicant: America Venture Corp./Michael B. Moskow, Trustee

Premises: 159-175 Main St., Woburn, MA

Dear members of the City Council:

As you know, this office represented the above-named applicant in connection with a special permit granted by your honorable body in 2008. We are hereby requesting two minor modifications to the terms of that special permit, which actual conditions now seemingly warrant.

As to the first requested modification, instead of constructing a sidewalk on the northerly side of Richardson Street extension, it will be much less intrusive on existing properties if the sidewalk is constructed on the southerly side of the said Richardson Street extension. It is my understanding that this change meets with the approval of relevant city officials.

As to the second requested modification, the landscape contractor has suggested substituting flowering pear trees in place of ginkgo trees as were originally shown on the relevant plan. The ginkgo trees can produce a berry which falls and can stain motor vehicles. They also can sometimes produce a bad odor. The flowering pear trees are equally as hardy and should make a quality substitute. The number of trees, as well as the diameter/size of the trees will remain the same, and the other species of trees and vegetation will remain as specified.

We appreciate your consideration in reviewing and approving the above requested modifications, and I am forwarding a copy hereof to the Planning Board as well for their input, if any, on the requested landscaping change.

Thank you for your courtesy.

Sincerely, s/John D. McElhiney

Motion made and 2^nd that the REQUEST FOR MINOR MODIFICATION be APPROVED, all in favor, 9-0.

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COMMUNICATIONS AND REPORTS:

A communication dated was received from Charles L. O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:

In accordance with Massachusetts General Laws Chapter 90, Section 20½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending September 2009: number of parking violations issued 1,261, number of violations paid 653, number of violations outstanding 436, amount collected and submitted to the Office of the Collector $43,067.80. There exists a backlog of 4,732 tickets for 1982 through 2008. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $7,655.00.

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.

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UNFINISHED BUSINESS OF PRECEDING MEETING:  None.  _________________________

APPOINTMENTS AND ELECTIONS:  None.

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MOTIONS, ORDERS AND RESOLUTIONS:

ORDERED     Be it ordained by the City Council of the City of Woburn that Section 23 of the 1985 Woburn Zoning Ordinances, as amended, be further amended by adding to Section 5.4 Hours of Operation the following:

Section 5.4 Hours of Operation – Except by the grant of a special permit by the City Council, the hours of operation for supermarkets, retail uses, fast food restaurants and gasoline service stations shall be from 5:00 a.m.

to midnight.

s/President Doherty

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

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ORDERED     WHEREAS, there presently exists a structure or structures located in the

City of Woburn, Massachusetts known and numbered as 4 Ellis Court; 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 Wall and Alderman Denaro

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

Presented to the Mayor: October 23, 2009      s/Thomas L. McLaughlin Oct. 26, 2009

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RESOLVED That the City Engineer draft a comprehensive parallel parking plan for Campbell Street and Union Street.

s/Alderman Wall and Alderman Denaro

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

Presented to the Mayor: October 23, 2009      s/Thomas L. McLaughlin Oct. 26, 2009

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RESOLVED That His Honor the Mayor instruct the Superintendent of Public Works to

finish the sidewalks on both sides of Eagle Road, Hawk Road and Pigeon Road and further to repave the streets of Eagle Road, Hawk Road and Pigeon Road.

s/Alderman Gately

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

Presented to the Mayor: October 23, 2009    s/Thomas L. McLaughlin Oct. 26, 2009

with the notation “subject to funding”

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Motion made and 2^nd to suspend the rules for the purpose of adding the following late filed matters and Committee Reports filed pursuant to Rule 19 of the Rules and Orders of the City Council to the Order of the Day, all in favor, 9-0.

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COMMITTEE REPORTS:

ORDINANCES:

On the appointment of Purchasing Agent Sarah Stanton as Liaison to the State Ethics Commission, committee report was received “ought to be confirmed.” Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

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Motion made and 2^nd for a five minute recess, all in favor, 9-0.

************************* President Doherty called the meeting back to order.

************************* MUNICIPAL LANDS:

On the Order relative to transferring control of the land commonly known as the Clapp

School and surrounding fields to the care, custody and control of the Recreation

Commission, committee report was received “ought to pass”. Motion made and 2^nd that the ORDER be ADOPTED, AS AMENDED with the amendment as follows: 1. Pending legal review regarding Article 97 of the Massachusetts Constitution, Great and General Court petition procedures and Woburn City Charter requirements, all in favor, 9-0. Notice of intent to move for reconsideration filed by Alderman Denaro on October 21, 2009 at 2:41 p.m.

************************* FINANCE:

A report was received from the Committee on Finance that the following Order “ought to pass”:

ORDERED     That the City of Woburn increase the gross receipts that seniors may have in the prior calendar year to be eligible to defer property taxes under G.L.

c.59, §4, Clause 41A from $40,000.00 to 100% of the amount established annually by the Commissioner of Revenue as the income limit for single seniors who are not heads of households to qualify for the “circuit breaker” state income tax credir for the preceding tax years, with such increase to be effective for deferrals granted for taxes assessed for any fiscal year beginning on or after July 1, 2009.

s/Alderman Drapeau

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

Presented to the Mayor: October 23, 2009      s/Thomas L. McLaughlin Oct. 26, 2009

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On the Order to appropriate the sum of $550,000.00 from Stabilization Fund Account to

Demolition of Clapp School Account, committee report was received “ought to pass.” Alderman Galvin stated that this appropriation is premature and short-sighted, that the city may need this building for another municipal purpose, that he does not support the portables on the site, and that it is not right to knock down this asset of the city. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, 8 in favor, 1 opposed (Galvin opposed).

Presented to the Mayor: October 23, 2009      s/Thomas L. McLaughlin Oct. 26, 2009

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

On the appointment of John Franson as a Member of the Historic District Commission, committee report was received “ought to be confirmed.” Motion made and 2^nd that Rule 34 be waived, all in favor, 9-0. Motion made and 2^nd that the APPOINTMENT be CONFIRMED, all in favor, 9-0. Motion made and 2^nd that Rule 34 be restored, all in favor, 9-0.

Presented to the Mayor: October 23, 2009      s/Thomas L. McLaughlin Oct. 26, 2009 _________________________

ORDERED     Be It Ordained by the City Council of the City of Woburn that Title 12, Article IV, Section 12-19 of the 1989 Woburn Municipal Code, as amended, be further amended by deleting Subsection 12-19(B) in its entirety and inserting in its place a new Section 12-19(B) as follows:

B.   A distribution company or a telephone company engaging in the removal of an existing pole and the installation of a new pole in place thereof shall complete the transfer of wires, all repairs, and the removal of the existing pole from the site within thirty (30) days from the date of installation of the new pole. The owner of such pole shall notify all other users of the starting date of such removal and installation work at least forty-eight (48) hours prior to the commencement of such work, and said owner shall require all other users to remove their wiring and other attachments from the poles within thirty (30) days of said notice. A distribution company or a telephone company engaging in the removal of an existing pole and the placing of a new pole thereof which does not remove the original pole within thirty (30) days of the placement of a new pole shall pay to the City of Woburn a civil penalty in the amount of $25.00 per day beginning on the thirty-first (31^st) day following placement of the new pole until such time as the original pole is removed. (added

12/19/2003; amended ###)

s/Alderman Raymond, Alderman Gately

and Alderman Wall

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

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A communication dated October 20, 2009 with attachment was received from Attorney John D. McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 as follows:

Re: Request for Minor Modifications to Special Permit

Applicants: Anne M. Beauchamp and John J. Beauchamp

Premises: 222 School St., Woburn, MA

Dear members of the City Council:

As you know, this office represented the above-named applicant in connection with a special permit granted by your honorable body earlier this year. The Special Permit essentially allowed the petitioners to construct a new two-family dwelling at the abovereferenced property.

There have been some relatively minor alterations to the plan, namely the necessity to construct three sets of basement stairways for ingress/egress, as well at the need to bring the garage five feet closer to the front lot line than was originally shown, the latter change necessitated by the need to have sufficient room in the interior of the garage for a platform/handicapped access lift. It is to be noted that the additional five foot extension of the garage toward the front lot line would still leave a front setback of 39.1 feet.

The changes have been shown on the enclosed plan (10 copies submitted herewith), and we would ask for your approval in substituting this plan by James R. Keenan, RLS, with latest revision date of October 19, 2009, for the plan of record previously approved.

I will not be able to be present this evening, but Mr. Beauchamp plans on being present should you have any questions in this matter.

Thank you for your courtesy and consideration.

Sincerely, s/John D. McElhiney

Motion made and 2^nd that the REQUEST FOR MINOR MODIFICATION be APPROVED, all in favor, 9-0.

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ORDERED That 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 the City of Woburn as are qualified to vote

in Special State Primaries to assemble at the polling places in the City of Woburn as designated herein, on TUESDAY, the EIGHTH OF DECEMBER, 2009 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 for the office of SENATOR IN CONGRESS FOR THE COMMONWEALTH at the following polling places:

75 Bedford Road

Alderman Denaro stated that the city should communicate with the city’s State legislative delegation to determine when the city will be reimbursed for the expenses of this special State election. Motion made and 2^nd that the ORDER be ADOPTED, all in favor, 9-0.

Presented to the Mayor: October 23, 2009      s/Thomas L. McLaughlin Oct. 26, 2009

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

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Motion made and 2^nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:40 p.m.

A TRUE RECORD ATTEST:

William C. Campbell

City Clerk and Clerk of the City Council