City Council – 10/22/2013

DATE 10/22/2013
TIME 7:00 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 22, 2013 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

 

Roll Call

                                                Anderson

Gately

                                                DiTucci

Haggerty

Drapeau

Mercer-Bruen

                                                Gaffney

Raymond

       Denaro  _________________________

 

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

_________________________

 

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

_________________________

 

ORDERED     That due to the Special State Election, the City Council Regular Meeting scheduled for December 10, 2013 be and is hereby rescheduled to Monday, November 25, 2013.

 

s/President Denaro

 

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

_________________________

 

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

_________________________

 

MAYOR’S COMMUNICATIONS:  None.

_________________________

 

PUBLIC HEARINGS:  

On the petition by Linear Retail Woburn #1 LLC, 5 Burlington Woods Drive, Burlington, Massachusetts 01803 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended Sections 5.1(29) and 12 to allow for 1.) Approximately 8,892 square feet of existing space to be divided into two tenant spaces containing in Tenant A approximately 6,292 square feet of gross floor area and in Tenant B approximately 2,600 feet of gross floor area, 2.) A fast food restaurant in Tenant B space, and 3.) That Condition 1 in special permit dated February 20, 2011 be amended by deleting the plan of reference and replacing with the plan entitled “Site Plans for 299 Mishawum Road, Woburn, MA 01801” dated August 27, 2013 prepared by Allen & Major Associates, Inc., all at 299 Mishawum Road. PUBLIC HEARING OPENED. A communication dated October 8, 2013 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Linear Retail Woburn #1 LLC, 299 Mishawum Road, Woburn, Massachusetts

 

As you know I represent Linear Retail Woburn #1 LLC on the above-referenced matter. I respectfully request that the City Council public hearing on this matter presently scheduled for October 22, 2013 be continued to the City Council meeting on November 19, 2013. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

Appearing was Attorney Joseph Tarby and he stated that the petitioner sought to withdraw the matter, that the petitioner withdraws the request to continue the public hearing, and presented the following communication to the City Council:

 

Re: Special Permit Petition of Linear Retail Woburn #1 LLC, 299 Mishawum Road, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Please be advised that I represent Linear Retail Woburn #1 LLC in connection with the above-referenced Special Permit Petition. On behalf of my client, I respectfully request leave to withdraw without prejudice on the above-referenced petition which has been scheduled for a public hearing on October 22, 2013. Also, please withdraw my request to continue the public hearing to November 19, 2013.

 

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

 

Very truly yours, s/Joseph R. Tarby, III

 

Motion made and 2nd that the communication be received and made part of the record, all in favor, 9-0. 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 OL Fresh, LLC, 22 Noble Hill Road, Beverly, Massachusetts 01915 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.29 and 12 to allow for a fast food restaurant at 307 Main Street and 6 High Street within the Groundwater Protection District. PUBLIC HEARING OPENED. A communication dated October 3, 2013 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of OL Fresh LLC, 307 Main Street and 6 High Street, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter presently scheduled for October 22, 2013 be continued to the City Council meeting on November 19, 2013. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

NOVEMBER 25, 2013, all in favor 9-0.

 

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On the petition by Ryeknot Properties – Woburn LLC, 278 High Street, Newburyport, Massachusetts 01950 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Sections 5.1.5, 12 and 15 to allow for seven (7) residential dwelling units above the first story in a commercial structure at 307 Main Street and 6 High Street within the Groundwater Protection District. PUBLIC HEARING OPENED. A communication dated October 8, 2013 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Ryeknot Properties – Woburn LLC, 307 Main Street and 6 High Street, Woburn, Massachusetts

 

As you know I represent Ryeknot Properties – Woburn LLC on the above-referenced matter. I respectfully request that the City Council public hearing on this matter presently scheduled for October 22, 2013 be continued to the City Council meeting on November 19, 2013. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

NOVEMBER 25, 2013, all in favor 9-0.

 

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On the petition by  Lytron Realty Corp. and Lytron Incorporated to amend the Woburn

Zoning Map for the parcels of land known as 73 Dragon Court containing approximately

5.3 acres of land; 41 Dragon Court containing approximately .52 acres of land; 39 Dragon Court containing approximately 1.31 acres of land; Dragon Court, Lot 1 containing approximately .28 acres of land and Dragon Court, Lot 2 containing approximately .28 acres of land, as shown on Assessors Map 16 Block 02 Lot 02, Map 16 Block 02 Lot 04, Map 16 Block 02 Lot 05, Map 16 Block 02 Lot 06 and Map 16 Block

02 Lot 07 from the R-2/I-P zoning district to the I-P zoning district. PUBLIC HEARING

OPENED. A communication dated October 7, 2013 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: (1) Lytron Realty Corp./Lytron Incorporated Petition to Amend Zoning Map and (2) Lytron Incorporated Petition to Amend Zoning Ordinance

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on the above matters presently scheduled for October 22, 2013 be continued to the City Council meeting on November 19, 2013. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

NOVEMBER 25, 2013, all in favor 9-0.

 

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On the petition by Lytron Incorporated to amend the 1985 Woburn Zoning Ordinances, as amended, as follows:

 

Be it Ordained by the City Council of the City of Woburn that the 1985 Woburn Zoning Ordinances, as amended, be further amended by revising the following:

 

  • Section 5.1, line 72, Table of Use Regulations shall be amended by replacing the “_” with “P” in the R-2 Zoning District and inserting:  Note 26 under the heading: “Notes; Other Sections”

 

  • Amend Section 5 Notes to 5.1 Table of Use Regulations by adding the following note:

 

26. Accessory parking facilities in an R-2 Zoning District for use in an IP Zoning District shall be subject to the following conditions:

 

  1. No portion of the parking facility may be located within 100 feet of an immediate abutting property used for residential purposes;

 

  1. Except for the following, the Buffer Requirements set forth in Section 5.7 are not applicable:

 

    1. The buffer zone may be used to calculate the Minimum Useable Open Space percentages required in Section 6.1;

 

    1. The buffer zone may be used for driveways, useable open space, walkways and landscaped areas; and

 

    1. The perimeter of the parking facility shall contain a screen of evergreen plantings at least ten (10) feet from the edge of a road except for entrances and exits and any portion of the parking facility abutting a highway.  Such evergreen plantings shall not be less than three (3) feet in width and six (6) feet in height at the time of occupancy of the parking facility and shall thereafter be maintained by the owner so as to maintain a dense screen year round.  Other alternative screening devices may be permitted by Special Permit where topography, soils or other conditions make the planting or maintenance of such a hedge impractical.

 

  1. The parking facility shall comply with the requirements of Section 8.4, 8.5 and

8.6; and

 

  1. The City Council shall also impose such additional conditions of those specified in this Ordinance as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this Ordinance, including but not limited to the following:  Screening, buffers, or planting strip, fences, or walls, as specified by the Council; modification of the exterior appearance of the structure; method and time of operation, or extent of facilities; regulation of number and location of drives, accessways, or other traffic features, and off-street parking or loading, or other special features beyond the minimum required in the Ordinance.

 

 Section 8.3 shall be amended by adding a new paragraph as follows:

 

3.  Within any R2 district, the City Council by Special Permit pursuant to the requirements of Section may allow accessory parking facilities for a use in the IP Zoning District on a lot separate from the use to be served provided such facilities immediately abut the use to be served in the IP Zoning District and are owned by the user of the parking facilities.

 

PUBLIC HEARING OPENED. A communication dated October 7, 2013 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: (1) Lytron Realty Corp./Lytron Incorporated Petition to Amend Zoning Map and (2) Lytron Incorporated Petition to Amend Zoning Ordinance

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on the above matters presently scheduled for October 22, 2013 be continued to the City Council meeting on November 19, 2013. If you need any further information, please contact me. Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

NOVEMBER 25, 2013, all in favor 9-0.

 

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On the petition by Benchmark Senior Living, 40 Williams Streets, Wellesley,

Massachusetts 02481-3904, Petitioner, and Lindquist Realty Trust, 320 Salem Street,

Woburn, Massachusetts 01801, Landowner, to amend the Zoning Map of the City of

Woburn by amending the zoning district for the property identified on Assessors Map 32, Block 04, Lot 01 known as 320 Salem Street containing an approximately 4.43 acre parcel from the R-1 zoning district to the R-3 zoning district. PUBLIC HEARING OPENED. A communication dated October 16, 2013 was received from Attorney mark T. Vaughan, Riemer and Braunstein, Seven New England Executive Park, Burlington, Massachusetts 01803 as follows:

 

Re: Petition to Amend Zoning Code/Zoning Map (320 Salem Street, Woburn, Massachusetts)

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter which is presently scheduled for October 22, 2013 be continued to the City Council meeting date on November 19, 2013.

 

Thank you very much for your attention to this matter, and please do not hesitate to contact me should you have any questions whatsoever.

 

Very truly yours, s/Mark T. Vaughan

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

NOVEMBER 25, 2013, all in favor 9-0.

 

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On the petition by Benchmark Senior Living, 40 Williams Streets, Wellesley,

Massachusetts 02481-3904, Petitioner, and Lindquist Realty Trust, 320 Salem Street,

Woburn, Massachusetts 01801, Landowner, to amend the 1985 Woburn Zoning

Ordinances, as amended, as follows: 1. By revising the definition of “Extended Care Facility” contained in Section 2 as follows: the “period” after “rest homes” shall be deleted and the following language added: “and Assisted Living residences”, 2. By revising Section 6.1 (Table of Dimensional Regulations) by adding a new footnote #9 to read as follows: “9. Assisted Living residences located in the Residential-Three (R-3) zoning district boundary lines in the City of Woburn shall have a maximum height of 42 feet and/or 3 stories.”, and 3. By revising Section 8.2.5 (Schedule of minimum numbers of Required Off Street Parking Stalls) for Extended Care Facility by adding the following language after “1.8 space per dwelling unit” as follows: “, provided that Assisted Living residences shall have 0.50 space per unit and 1 visitor space per 10 units.” PUBLIC

HEARING OPENED. A communication dated October 16, 2013 was received from Attorney mark T. Vaughan, Riemer and Braunstein, Seven New England Executive Park, Burlington, Massachusetts 01803 as follows:

 

Re: Petition to Amend Zoning Code/Zoning Map (320 Salem Street, Woburn, Massachusetts)

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter which is presently scheduled for October 22, 2013 be continued to the City Council meeting date on November 19, 2013.

 

Thank you very much for your attention to this matter, and please do not hesitate to contact me should you have any questions whatsoever.

 

Very truly yours, s/Mark T. Vaughan

 

IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON

NOVEMBER 25, 2013, all in favor 9-0.

 

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On the petition by  National Grid to install approximately 185 feet from the existing 6 inch bare steel 25 psig main in Salem Street, past 4 Salem Avenue to provide gas service to 4 Salem Avenue, 50 Mill Street, 58 Mill Street, 62 Mill Street, 70 Mill Street and 80 Mill Street. PUBLIC HEARING OPENED. A communication dated October  7, 2013 was received from Superintendent of Public Works John F. Duran as follows:

 

Subject: National Grid – Salem Avenue

 

I am providing this memorandum pursuant to the request by National Grid for the Grant of Right in a Way to allow the installation of a new portion of main to connect a new main from Salem Street to 4 Salem Avenue as shown on the attached plan.

 

I recommend that the City Council allow this under the following conditions. That all utilities including the water, sewer and drains are marked on the ground and that the proposed main be also clearly marked prior to cutting the roadway to allow for proper evaluation to avoid any encroachments upon municipal or other utilities. The existing utilities are not shown on this plan and it is critical to avoid damage to these mains. The new six inch gas main must be installed in the location shown on the plan and as marked on the ground unless written permission is granted from the DPW Superintendent in a mutually agreed upon location. In addition, associated roadway restoration consistent with DPW Standards with a minimum of 4 inches of pavement must also be submitted and approved by the DPW Superintendent. This should include a grind and inlay for a width of ten feet across Salem Street and onto Salem Avenue within the right of way. Please feel free to call me with any questions or concerns pursuant to this matter.

 

A report was received from the Committee on Special Permits as follows: “ought to pass conditioned upon the Superintendent of DPW’s recommendation as follows:

 

  1. That all utilities including the water, sewer and drains are marked on the ground and that the proposed main be also clearly marked prior to cutting the roadway to allow for proper evaluation to avoid any encroachments upon municipal or other utilities.

 

  1. That existing utilities are shown on plan as it is critical to avoid damage to these mains.

 

  1. That the new six inch gas main must be installed in the location shown on the plan and as marked on the ground unless written permission is granted from the DPW Superintendent in a mutually agreed upon location.

 

  1. That associated roadway restoration consistent with DPW Standards with a minimum of 4 inches of pavement must also be submitted and approved by the DPW Superintendent. This should include a grind and inlay for a width of ten feet across Salem Street and onto Salem Avenue within the right of way.

 

No one appeared for the petitioner. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-0. Motion made and 2nd that the GRANT OF RIGHT IN A WAY be APPROVED, AS AMENDED with the conditions as follows: 1. That the four conditions recommended by the Committee on Special Permits be adopted as conditions of the grant of right in a way, all in favor 9-0.

Presented to the Mayor: October 25, 2013           s/Scott D. Galvin October 25, 2013

 

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On the petition by Skyworks Solutions, Inc., 20 Sylvan Road, Woburn, Massachusetts 01801 to amend an existing Inflammable License to allow above ground storage of liquid hydrogen Class A 4,500 gallons in AST container, misc. gas Class A and B 5,000 cubic feet in cylinders, misc. portable storage Class A and B 500 gallons in drums, mixture Class A and B 2×500 gallons in AST container, and N-Methyl2pyrrolidone Class B 4×350 gallons in IBC container, at 20 Sylvan Road. PUBLIC HEARING OPENED. A report was received from the Committee on Public Safety and Licenses as follows: “ought to pass”. Appearing for the petitioner was Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petitioner seeks approval of the amendment of the license consistent with the report of the Committee on Special Permits. Alderman Raymond stated that he delivered an informational flyer to the neighbors, and that he would like to schedule a neighborhood meeting at the petitioner’s office to educate the neighbors about the petitioner’s business. IN FAVOR: Michael Meaney, Executive Director, Woburn Business Association, Ten

Tower Office Park stated that he is in favor of the petition, that he is willing to act as a liaison between the petitioner and the City Council, and that the petitioner has been in business in the city for a long time. OPPOSED: None. Motion made and 2nd to close the public hearing, all in favor 9-0. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: October 25, 2013           s/Scott D. Galvin October 25, 2013

 

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On the petition by Lytron, Inc., 55 Dragon Court, Woburn, Massachusetts 01801 to amend an existing Inflammable License to allow above ground storage of acetylene flammable gas 10,000 cubic feet cylinders, hydrogen flammable gas 798 cubic feet cylinders, R290 propane flammable gas 80 lbs. tanks, and 20 gallons of LP-gas in 20 lb. or 5 gal. propane tanks, at 55 Dragon Court. PUBLIC HEARING OPENED. A report from the Committee on Public Safety and Licenses was received as follows: “back for action”. Appearing for the petitioner was George Gagnon, Maintenance Manager, Lytron, Inc. and he stated that the petitioner has consolidated operation, that the company is in need of additional storage capacity, that more product will be stored on site which will result in fewer deliveries, and that this proposal increases efficiencies at the company. Alderman Raymond stated that he toured the plant and was shown the storage area, that he is satisfied with the proposal, and that the Fire Department approved the request. Alderman Mercer-Bruen stated that the Fire Department took no exception to the proposal, and that she will support the request based on the recommendation of the Fire Department. IN FAVOR: None. OPPOSED: Chris Owen, 3 Florence Terrace stated that he is an abutter, that the petitioner claims by doubling capacity the traffic will be reduced however the petitioner will also double workstations which will not reduce traffic, that the closest fire station to the locus is on the south side of east Woburn, and that he still has traffic and safety concerns with the proposal. Motion made and 2nd to close the public hearing, all in favor, 9-0. Motion made and 2nd that the AMENDMENT OF THE INFLAMMABLE LICENSE be APPROVED, all in favor, 9-0.

Presented to the Mayor: October 25, 2013           s/Scott D. Galvin October 25, 2013

 

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On the petition by 500 Lexington Street LLC, 27 Cambridge Street, Burlington, Massachusetts 01803 for a special permit to modify a special permit dated June 11, 2009 as modified by decisions dated September 3, 2009 and May 30, 2013 by deleting the plan of reference in Condition 2 and replacing same with the plan entitled “Plan of Land in Woburn and Lexington, 330 Lexington Street, Middlesex County, Massachusetts” dated

January 30, 2009 as revised on July 28, 2009 and August 14, 2013 prepared by

Commonwealth Engineering Inc. as the plan of record, at 500 Lexington Street a/k/a 330

Lexington Street. PUBLIC HEARING OPENED. A communication dated October 10, 2013 was received from Edmund Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: 500 Lexington Street Trust LLC – 500 Lexington Street (aka 330 Lexington Street) – To allow for the modification of the Special Permit Decision dated June 11, 2009, as modified September 3, 2009 and May 30, 2013 by replacing the plan of record in Condition 2 with a new plan of record

 

Dear Mr. Campbell and members of the City Council:

 

At the Woburn Planning Board meeting held on October 8, 2013, the Planning Board voted to send a favorable recommendation to the City Council on the modification of Special Permit application of 500 Lexington Street Trust LLC, Robert W. Murray, Manager, regarding the property at 500 Lexington Street (aka 330 Lexington Street)  subject to the following conditions:

 

  1. That condition #2 of the May 7, 2013 modified decision issued May 30, 2013 be further modified by substituting the following: “That the plan of record shall be the plans entitled “Plan of Land in Woburn and Lexington, 330 Lexington Street, Middlesex County, Massachusetts”; dated January 30, 2009 as revised on July 28,

2009 and August 14, 2013 prepared by Commonwealth Engineering Inc., Civil

Engineers and Land Surveyors, 27 Cambridge Street, Suite 106, Burlington, MA

01803” unless modified by conditions 2, 3, and 4 of this decision;

  1. That the 12’ wide surface between the two buildings shown on the plan of record as turfstone grid pavers (or equal) shall be of sufficient strength to support fire apparatus and shall be constructed at a width of not less than 12’ from the drive and maintained so as to serve as a turn around and access point for fire/emergency apparatus in accordance with the turning radius for the Woburn Fire Truck prepared by the Engineering Department and such area shall be deed restricted as a fire lane;
  2. That the infiltration chambers under the pavers shall be in compliance with an H-20 load rating;
  3. That the fire hydrant shown in front of Unit 4 of the southerly building shall be relocated to just beyond Unit 4 and prior to the end of the roadway; and
  4. That all conditions of the Special Permit decided May 19, 2009 and issued June 11, 2009; modified on August 11, 2009 and issued on September 3, 2009; and further modified on May 7, 2013 and issued on May 30, 2013 shall remain in full force and effect unless further modified by this decision.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the previous modification of the special permit allowed for a reduction in the lot as a portion of the parcel was to be conveyed, that the parcel is not going to be conveyed now and the petitioner wishes to return to the previously approved plan, that the ANR plan was rescinded by the Planning Board, that a fire access driveway was added, that the building was shifted to accommodate the fire access driveway, that a fire hydrant was relocated at the request of the Fire Department and the Planning Board, that there is a utility pad near the fire access drive, and that these changes are reflected in the latest version of the plan. IN FAVOR: None. OPPOSED: None. Motion made and 2nd to close the public hearing, all in favor, 9-0.  Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the condition as follows: 1. That the five recommendations of the Planning Board be adopted as conditions of the special permit, all in favor, 9-0.

 

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On the petition by IsabellaB LLC, 21G Olympia Avenue, Woburn, Massachusetts 01801 for a a minor modification of a special permit pursuant to Section 5.1.43 and 5.1.57b of the 1985 Woburn Zoning Ordinances, as amended granted February 28, 2103 to incorporate by reference a revised plan dated July 23, 2013 in place of the referenced plan dated October 20, 2012, at 210 New Boston Street. PUBLIC HEARING OPENED. A communication dated September 16, 2013 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: IsabellaB LLC – 210 New Boston Street and 0 Merrimac Street – To allow for the modification of Special Permit decision by replacing the Site Plan of Record

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on September 10, 2013, the Planning Board voted to send a favorable recommendation to the City Council on the application of IsabellaB LLC, regarding the property at 210 New Boston Street to allow for the modification of the Special Permit decision by substituting the Site Plan of Record subject to the following conditions:

 

  1. That condition #1 of the February 28, 2013 decision shall be modified to read: “That the Plan of Record shall be “Modified Plot Plan, 210 New Boston Street, Woburn,

Mass.” dated July 23, 2013, prepared by Edward J. Farrell, Professional Land

Surveyor, 110 Winn Street, Suite 203, Woburn, MA.”

  1. That all other conditions of the February 28, 2013 decision shall remain in full force and effect unless modified by this decision.

 

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 communication dated October 8, 2013 was received from the Committee on Special Permits as follows: “ought to pass conditioned upon the Planning Board’s recommendations as follows:

 

  1. That condition #1 of the February 28, 2013 decision shall be modified to read: “That the Plan of Record shall be “Modified Plot Plan, 210 New Boston Street, Woburn, Mass.” Dated July 23, 2013, prepared by Edward J. Farrell, Professional Land Surveyor, 110 Winn Street, Suite 203, Woburn, MA”

 

  1. That all other conditions of the February 28, 2013 decision shall remain in full force and effect unless modified by this decision.”

 

Appearing for the petitioner was Attorney Malcolm Houck, 7 Winn Street, Woburn, Massachusetts 01801 and he stated that the petitioner asks to revised the plan and other conditions of the special permit will remain unchanged, that the revision allows curb stops, eliminates fencing which will be replaced with an elevated barrier, a view block of the construction bins will be added, that all vehicles will exit towards New Boston Street, that the view blocks are temporary while the petitioner attempts to find a better solution as there can be no digging into the surface of the ground, and that when the chainlink fence is installed material will be added to the fence to block the view of the construction bins. Alderman Raymond stated that he has visited the locus four or five times and conditions at the site have improved significantly, that the parking spaces are marked, and that vehicles from the petitioner’s locus should not travel on Merrimac Street. IN FAVOR: None. OPPOSED: None. Motion made and 2nd to close the public hearing, all in favor 9-0. Motion made and 2nd 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, 9-0.

 

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On the petition by Herley Industries, Inc., 10 Sonar Drive, Woburn, Massachusetts 01801 for a special permit pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 7.3 to allow for the alteration and expansion of a non-conforming use and structure to provide for an equipment area at 10 Sonar Drive. PUBLIC HEARING OPENED. A communication dated September 26, 2013 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Herley Industries, Inc. – 10 Sonar Drive – To allow for the alteration and expansion of a non-conforming use and structure to provide for an equipment area pursuant to Section 7.3

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on September 24, 2013, the Planning Board voted to send a favorable recommendation to the City Council on the Special Permit application of Herley Industries, Inc., regarding the property at 10 Sonar Drive to allow for the alteration and expansion of a non-conforming use and structure to provide for an equipment area pursuant to Section 7.3 of the Woburn Zoning Ordinance subject to the following condition:

 

1. That the Plans of Record shall be “Plot Plan, 10 Sonar Drive, Woburn, Mass.” Dated

May 16, 2013 prepared by Edward J. Farrell, Professional Land Surveyor, 110 Winn Street, Suite 203, Woburn, MA. and “Nitrogen Supply D3 Equipment Layout, Herley Vega, Woburn, MA” drawn by A. Talas dated 03 Aug. 12 Sheet 1 of 1.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, MA 01801 and he stated that the proposed equipment area  is shown on the plan near the existing tank, that the photograph shows the location is at the base of the cliff, that the property is located in the I-G zoning district, that the parcel has 2.06 acres of land, that the building was constructed in 1968 for electronics manufacturing, that under the 1963 and 1970 zoning ordinances manufacturing was allowed by right, that under the 1985 zoning ordinances manufacturing is allowed by right under 15,000 square feet and a special permit is required for over 15,000 square feet, that the building is 65,000 square feet, that the buffer zone required is seventy feet plus side and rear setbacks, that the property is nonconforming as to use and the structure under current zoning, that the company was formerly known as Micro Dynamics, that the petitioner has been in business at this location since 1984 as Herley Industries, Inc. and prior to that since the 1960s, that the petitioner’s clients include the U.S. government and the Department of Defense, that the petitioner has 126 employees, that the petitioner is the supplier of radio frequency and microwave products, that there will be fewer deliveries to the site, that this is an improvement to the current system, and that a pad will be installed. Attorney Tarby offered a package of documents for the City Council to review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. John Lagasse, Operations Manager for the petitioner stated that the tank will be located on a concrete pad, that another concrete pad will be installed, that a 9,000 gallon tank is proposed, that the pads will be connected, that there is a chain link fence surround but this will be upgraded with the installation of bollards, that the product will be delivered by tanker truck, that there is currently liquid nitrogen in the tank, that the hydrogen delivery system will be upgraded, that the product is currently delivered in tanks that are rolled off a truck, that there will be static storage with pipes into the building, that the number of employees will remain the same, that the truck backs up to the tank, that the trailer backs up using the driveway between 10 Sonar Drive and 12 Sonar Drive, that there will be a significant reduction in deliveries and a significant updated to the storage and delivery system, and that the cradles will be returned to the delivery company as they are no longer recommended for use. James Sadin, Safety Officer for the petitioner stated that the current tank is 6,000 of liquid nitrogen, that the storage is 100 psi in the nitrogen tank and 2,000 psi in the hydrogen tank, that there are currently two deliveries for each product each week, that with the proposal there will be a delivery of nitrogen once a month and a delivery of hydrogen a couple of times a year, that there is currently 10,000 cubic feet of hydrogen now and there will be 30,000 cubic feet of hydrogen after the upgrade, that the plans are drawn to PFA55 standards which regulates bulk storage of hydrogen, that the tanks will be stored outside, that the chainlink fence will remain with bollards installed outside the fence, that there will be a lock on the fence and the area will be accessible only to the drivers, and that the 10,000 cubic feet of hydrogen is stored in forty-eight tanks secured in the storage shed. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 25, 2013

AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL

PERMITS, all in favor 9-0.

 

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On the petition by Alderman Gately concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 141-143 Main 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. A communication dated September 3, 2013 with attachments was received from Building Commissioner Thomas C. Quinn, Jr. as follows:

 

Re: 141-143 Main Street

 

Aldermen:

 

With regards to the above referenced address, site visits have been conducted by this writer from the public ways of Main Street and Richardson Street Extension to view existing conditions as outlined below:

 

  1. Exterior grounds have overgrown brush and an accumulated amount of trash on decks, porches.
  2. Resident parking is limited in the rear of dwelling and it appears that Richardson Street Extension and Richardson Street are being used by residents of this dwelling.
  3. Allowable use of property is residential and as of this time a determination of current units within the structure is unknown, records indicate that in 2008 there were 5 dwelling units.

 

If you need additional information as always do not hesitate to contact me.

 

s/Thomas C. Quinn, Jr., Building Commissioner

 

A communication dated September 3, 2013 with attachments was received from Building Commissioner Thomas C. Quinn, Jr. as follows:

 

Re: 141-143 Main Street

 

Alderman Gately:

 

With regard to above, this memo is to provide a further update as to observations and communications with owners of record since previous correspondence of September 3, 2013.

 

  1. Periodic Site Visits have continued from the public ways to observe parking to which has been consistently the same over the last seven weeks.
  2. Exterior Grounds are similar to conditions as outlined in previous memo.
  3. Owner has communicated verbally with this writer on October 21, 2013 regarding some proposed interior work of dwelling units and was instructed on how to proceed. Owner has also advised of concerns that are the subject of current nuisance proceedings with no response given to this writer to resolve pending matters.

 

As always if you need anything additional do not hesitate to contact me.

 

Appearing was Dirce Abreu and she stated that they will do a new design, that they will be meeting with and architect and construction company, that they are having issues with parking in the area, that they have owned the property for twelve years, that they used to par on the side and front of the street, that when the new liquor store and automotive supply store was constructed in the back lot the result is no parking, that they will create more parking by removing the garden on the lot, that the tenants park on the other side of the building, that they spoke with Traffic Safety Office Sgt. Tenney, that the officer told them that there were certain public parking spaces in the area, and that they will work with the City Council on this matter. Alderman DiTucci stated that the tenants have been told to park on Richardson Street Extension and that the vehicles stay there for five or six days at a time which causes congestion, that one tenant was parked his vehicle on the street for a week and when approached about the matter he came out of the house with a toy gun, that these issues need to be resolved, and that there are many residents in the house. Julio Dirce appeared and stated that the person with the you gun was not a tenant but the boyfriend of the tenant, that there are four parking spaces that are used for overnight parking. Alderman Gately stated that he looked at the building in the past and there was trash, vehicles and the interior floors were sagging, that there are five apartments in the building. Dirce Abreu stated that during snow emergencies they park in a public lot in Woburn center, and that they also pull vehicles onto the property if there is a large storm. Alderman Gately stated that one of the tenants parks his vehicle under a no parking sign, that there are four legal parking spaces, that one tenant parks on the grass, and that vehicles cannot be parked on the grass. Julio Abreu stated that the parking spaces belong to the house, and that Sgt. Tenney stated that the vehicles can be parked in the space. Alderman Gately stated that a vehicle cannot be parked on the grass, and that there is no legal curbcut to have a driveway at the space. Julio Abreu stated that he can find more parking to resolve the issue. Dirce Abreu stated that they should have rights as well, and that the Aldermen can assist them in getting accommodations as a taxpayer. Julio Abreu stated that there is illegal dumping in front of his house, that the police said that he can set up a camera to find out who is dumping trash at this house, and that he does not know why people who dump trash there. Alderman Gately stated that he does not understand why someone would pick out his house for illegal dumping except that maybe it appears that the property is a junk house. Julio Abreu stated that he cannot be responsible for the actions of his tenants, and that those concerned about the issue with the toy gun should have called the police. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JNAURY 7, 2014 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON LIAISON, all in favor 9-0.

 

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

On the petition by Dave & Busters of Massachusetts, Inc., 2481 Manana Drive, Dallas, Texas 75220 for a special permits pursuant to the 1985 Woburn Zoning Ordinances, as amended, as follows: 1. Sections 5.1.72 and 8.3.2 to allow for its parking requirements to be met on a separate lot from the use to be served by allowing 104 parking spaces at Lot B, 275 Mishawum Road, 2. Section 5.1 Note 16 to allow for hours of operation consistent with the hours of operation approved by the Woburn License Commission 11:00 a.m. to 1:00 a.m. seven days per week, and 3. Section 5.1 Note 22 to allow for two hundred (200) coin operated, recreational, or entertainment machines, all at Lot A, 275 Mishawum

Road. PUBLIC HEARING OPENED. A communication dated September 16, 2013 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Dave & Buster’s of Massachusetts, Inc. – Lot A, 275 Mishawum Road  – To allow for the construction of a 47,350 SF building, to allow for 200 coin operated recreational or entertainment machines, to operate between 11AM and 1AM seven days per week,   and to allow for the parking requirement to be met on a separate lot, Lot B, 275 Mishawum Rd. 104 parking spaces pursuant to Sections 5.1.72, 5.1 Notes 16 & 22, 8.3.2, 21.2 and 12.3.2

 

Dear Mr. Campbell and Members of the City Council:

 

At the Planning Board meeting held on September 10, 2013, the Board voted to forward a favorable recommendation to the City Council in accordance with the petitioner’s request to allow for the construction of a 47,350 SF building, to allow for 200 coin operated recreational or entertainment machines, to operate between 11AM and 1AM seven days per week,   and to allow for the parking requirement to be met on a separate lot, Lot B, 275 Mishawum Rd. 104 parking spaces pursuant to Sections 5.1.72, 5.1 Notes 16 & 22, 8.3.2, 21.2 and 12.3.2   subject to the following conditions:

 

  1. The Petitioner shall construct and improve the Site as described in the plans submitted with the Petition for Special Permit entitled:  “Site Development Plans For Dave & Buster’s, 275 Mishawum Road, Woburn, MA 01801” dated May 10, 2013 and revised on July 24, 2013 and September 3, 2013, Sheets ABB-1, EX-1, C-1, C-2, C-3, C-4, C-5, C-6A, C-6B, C-7, C-8, C-9A, C-9B, D-1, D-2, D-3 and D-4 prepared by Allen & Major Associates, Inc., 100 Commerce Way, Woburn, MA 01801 (hereinafter the “Site Plan”) although design adjustments and modifications generally associated with:  (i) preparing so-called “working drawings” or (ii) site conditions shall be permitted so long as such changes do not constitute changes from said plans as determined by the Building Commissioner.  In the event that the Building Commissioner determines that the building plans filed with the building permit application are not in substantial conformance with the Site Plan, the Petitioner may request a review of said plans by the City Council Special Permits Committee who shall make a final determination.  If the Special Permits Committee makes a determination that the proposed plans are not in conformance with the Site Plan, the Petitioner shall be required to file a Special Permit Petition seeking approval to modify the Site Plan.
  2. The Planning Board shall retain jurisdiction over the landscaping.
  3. All exterior building illumination shall be shielded in such a manner that will prevent direct light from impacting any abutting properties.
  4. The hours of operation shall be limited to 11:00 a.m. – 1:00 a.m. seven days per week.
  5. The Petitioner shall have the right to install up to two hundred (200) amusement devices in the building, subject to licensing by the Licensing Commission.
  6. The number of seats shall be limited to 828 seats.
  7. Deliveries Monday – Friday shall be between the hours of 9:00 a.m. – 4:00 p.m.  Deliveries on Saturday and Sunday shall be between the hours of 9:00 a.m. and 4:00 p.m.
  8. During construction all trucks must enter and exit the Site from Industrial Parkway onto Mishawum Road in front of the Site.
  9. During construction, all vehicles must be parked on Site.
  10. During construction, no vehicles shall be parked on Mishawum Road or Old Mishawum Road.
  11. During construction, all staging and deliveries will occur on Site.
  12. Exterior construction activities on the Site shall not commence prior to 7:00 a.m. and shall cease no later than 6:00 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturday and not all on Sundays.  This does not include off site utility work.
  13. During the Site redevelopment and construction phases, Dave & Buster’s shall maintain all adjoining roadways free and clear of all debris.
  14. The Parking Easement Agreement dated June 17, 2013 by and between Mishawum Properties, LLC and NBTC Realty LLC (a copy of which is on file with the City Clerk’s office) is hereby incorporated into this Decision as a condition hereto.
  15. Monday through Friday inclusive between the hours of 6:00 p.m. EST to 3:00 a.m.

EST of the following day; Saturday between the hours of 1:00 p.m. EST and 3:00

a.m. EST of the following day; and Sunday between the hours of 1:00 p.m. EST and 1:00 a.m. of the following day there shall be a minimum of ninety-five (95) parking spaces available to the Petitioner on Lot B, Mishawum Road.

  1. In the event that the Parking Easement Agreement dated June 17, 2013 (a copy of which is on file with the City Clerk) is terminated during the Petitioner’s occupancy of the Site, the Petitioner (in addition to enforcing its legal rights under both its Lease of the Site and the Parking Easement Agreement) shall use its best efforts to secure substitute parking for 95 parking spaces, which spaces shall be in compliance with Section 8 of the 1985 City of Woburn Zoning Ordinance, as amended.
  2. The Petitioner shall provide the following mitigation:
    1. Mishawum Road at School Street/Ryan Road

 

      • Replace existing vehicle loop detectors with video detection.
      • Install emergency vehicle preemption equipment.
      • Provide GPS-based signal coordination with nearby existing signals at Industrial Parkway’s intersections with Mishawum Road and Ryan Road/SBLI office driveway.
      • Upgrade existing traffic signal controller to accommodate GPS coordination (if required).
      • Upgrade of pedestrian signal heads and push buttons at this location;
      • Restriping and signing modifications to change the exclusive right-turn lane on the Mishawum Road northbound approach to a shared through/right-turn lane.

 

    1. Industrial Parkway at Ryan Road/SBLI Driveway

 

      • Replace existing vehicle loop detectors with video detection.
      • Install emergency vehicle preemption equipment.
      • Provide GPS-based signal coordination with nearby existing signals at the intersections of Mishawum Road/Industrial Parkway and Mishawum Road/School Street/Ryan Road.
      • Upgrade of pedestrian signal heads and push buttons at this location.
      • Removal of the No Turn on Red sign for the Ryan Road northbound approach, which will require approval of the Traffic Commission.

 

    1. Mishawum Road at Industrial Parkway

 

      • Provide GPS-based signal coordination with nearby existing signals at the intersections of Industrial Parkway/Ryan Road/SBLI driveway and Mishawum Road/School Street/Ryan Road.
      • Timing adjustments to improve overall traffic flow.

 

    1. Site frontage sidewalk

 

      • Install new sidewalk (approximately 600 feet) along site frontage on Mishawum Road, including connecting sidewalk to and from Northern Bank parking lot.

 

    1. Traffic monitoring study

 

A traffic monitoring study shall be conducted for the three intersections of

Mishawum Road/School Street/Ryan Road, Industrial Parkway/Ryan Road and Mishawum Road/ Industrial Parkway. The study would involve performing weekday morning, evening and Saturday midday roadway peak hour traffic counts and capacity analyses at the three intersections after the implementation of the improvements and comparing the results to the analyses presented in the traffic study submitted with this application. The monitoring study would be subject to the following conditions:

 

The monitoring study shall be submitted to the City prior to the issuance of an Occupancy Permit;

 

The traffic improvements at the three intersections shall be in place at least four months prior to performing traffic counts;

 

The monitoring study results will be subject to review by the Traffic

Commission with input from the City Engineer. If the results are not to the Commission’s satisfaction, some or all of the improvements may be modified or removed.

 

  1. The Petitioner shall provide the following security details as approved by the Chief of Police:

(a) Sunday – Thursday:  One (1) officer for 5.5 hours (7:00 p.m. – 12:30 a.m.) (b) Friday – Saturday:    One (1) officer for 7.5 hours (6:00 p.m. – 1:30 a.m.)                                   One (1) officer for 7 hours (7:00 p.m. – 2:00 a.m.)

(c) Following the initial 3-6 months of opening, the Petitioner shall review/adjust the above-referenced detail with the Chief of Police and, if business allows, the security details will be reduced during non-peak hours and days.  Additionally, the above-referenced security detail may be increased or adjusted during peak times of years.

  1. The Applicant shall install “No Parking Any Time” signs on Mishawum Road and Old Mishawum Road adjacent to the project site.
  2. That the existing on site utility lines shall be video inspected prior to the building permit to ensure the system is in adequate condition to receive the additional flow.
  3. That the proposed grease trap and associated components be subject to an operation and maintenance plan to mitigate any future problems and a maintenance contract shall be in place in order to service the proposed grease trap and associated components.
  4. Approximately 850 feet of the old cast iron main still exists along the frontage of the proposed development and the bank property. Cleaning and lining of this segment of pipe or replacing it with a new 8 inch main shall be done to the satisfaction of the Public Works Superintendent.
  5. That in addition to the vertical granite curb Mishawum Road between Industrial Way and Old Mishawum Road shall be resurfaced.

 

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 conditioned upon the attached conditions, incorporated herein:

 

  1. The Petitioner shall construct and improve the Site as substantially described in the plans submitted with the Petition for Special Permit entitled:  “Site Development Plans For Dave & Buster’s, 275 Mishawum Road, Woburn, MA 01801” dated May 10, 2013 and revised on July 24, 2013 and September 3, 2013, Sheets ABB-1, EX-1, C-1, C-2, C-3, C-4, C-5, C-6A, C-6B, C-7, C-8, C-9A, C-9B, D-1, D-2, D-3 and D-4 prepared by Allen & Major Associates, Inc., 100 Commerce Way, Woburn, MA 01801 (hereinafter the “Site Plan”) although design adjustments and modifications generally associated with:  (i) preparing so-called “working drawings” or (ii) site conditions shall be permitted so long as such changes do not constitute substantial changes from said plans as determined by the Building Commissioner.  In the event that the Building Commissioner determines that the building plans filed with the building permit application are not in substantial conformance with the Site Plan, the Petitioner may request a review of said plans by the City Council Special Permits Committee who shall make a final determination.  If the Special Permits Committee makes a determination that the proposed plans are not in conformance with the Site Plan, the Petitioner shall be required to file a Special Permit Petition seeking approval to modify the Site Plan.
  2. The Planning Board shall retain jurisdiction over the landscaping.
  3. All exterior building illumination shall be shielded in such a manner that will prevent direct light from impacting any abutting properties.
  4. The hours of operation shall be limited to 11:00 a.m. – 1:00 a.m. seven days per week.
  5. The Petitioner shall have the right to install up to two hundred (200) amusement devices in the building, subject to licensing by the Licensing Commission.
  6. The number of seats shall be limited to 828 seats.
  7. Deliveries shall be between the hours of 7:00 a.m. – 4:00 p.m. seven days per week.  *This condition is to be further reviewed.
  8. During construction all trucks must enter and exit the Site from Industrial Parkway onto Mishawum Road in front of the Site.
  9. During construction, all vehicles must be parked on Site.
  10. During construction, no vehicles shall be parked on Mishawum Road or Old Mishawum Road.
  11. During construction, all staging and deliveries will occur on Site.
  12. Exterior construction activities on the Site shall not commence prior to 7:00 a.m. and shall cease no later than 6:00 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturday and not all on Sundays.  This does not include off site utility work.
  13. During the Site redevelopment and construction phases, Dave & Buster’s shall maintain all adjoining roadways free and clear of all debris.
  14. The Parking Easement Agreement dated June 17, 2013 by and between Mishawum Properties, LLC and NBTC Realty LLC (a copy of which is on file with the City Clerk’s office) is hereby incorporated into this Decision as a condition hereto.
  15. Monday through Friday inclusive between the hours of 6:00 p.m. EST to 3:00 a.m. EST of the following day; Saturday between the hours of 1:00 p.m. EST and 3:00 a.m. EST of the following day; and Sunday between the hours of 1:00 p.m. EST and 1:00 a.m. of the following day there shall be a minimum of ninety-five (95) parking spaces available to the Petitioner on Lot B, Mishawum Road.
  16. In the event that the Parking Easement Agreement dated June 17, 2013 (a copy of which is on file with the City Clerk) is terminated during the Petitioner’s occupancy

of the Site, the Petitioner (in addition to enforcing its legal rights under both its Lease of the Site and the Parking Easement Agreement) shall use its best efforts to secure substitute parking for 95 parking spaces, which spaces shall be in compliance with Section 8 of the 1985 City of Woburn Zoning Ordinance, as amended.

  1. The Petitioner shall provide the following mitigation:
    1. Mishawum Road at School Street/Ryan Road

 

      • Replace existing vehicle loop detectors with video detection.
      • Install emergency vehicle preemption equipment.
      • Provide GPS-based signal coordination with nearby existing signals at Industrial Parkway’s intersections with Mishawum Road and Ryan Road/SBLI office driveway.
      • Upgrade existing traffic signal controller to accommodate GPS coordination (if required).
      • Upgrade of pedestrian signal heads and push buttons at this location;
      • Restriping and signing modifications to change the exclusive right-turn lane on the Mishawum Road northbound approach to a shared through/right-turn lane.

 

    1. Industrial Parkway at Ryan Road/SBLI Driveway

 

      • Replace existing vehicle loop detectors with video detection.
      • Install emergency vehicle preemption equipment.
      • Provide GPS-based signal coordination with nearby existing signals at the intersections of Mishawum Road/Industrial Parkway and Mishawum Road/School Street/Ryan Road.
      • Upgrade of pedestrian signal heads and push buttons at this location.
      • Removal of the No Turn on Red sign for the Ryan Road northbound approach, which will require approval of the Traffic Commission.

 

    1. Mishawum Road at Industrial Parkway

 

      • Provide GPS-based signal coordination with nearby existing signals at the intersections of Industrial Parkway/Ryan Road/SBLI driveway and Mishawum Road/School Street/Ryan Road.
      • Timing adjustments to improve overall traffic flow.

 

    1. Site frontage sidewalk

 

      • Install new sidewalk (approximately 600 feet) along site frontage on Mishawum Road, including connecting sidewalk to and from Northern Bank parking lot.

 

    1. Traffic monitoring study

 

A traffic monitoring study shall be conducted for the three intersections of Mishawum Road/School Street/Ryan Road, Industrial Parkway/Ryan Road and Mishawum Road/ Industrial Parkway. The study would involve performing weekday morning, evening and Saturday midday roadway peak hour traffic counts and capacity analyses at the three intersections after the implementation of the improvements and comparing the results to the analyses presented in the traffic study submitted with this application. The monitoring study would be subject to the following conditions.

 

The monitoring study shall be submitted to the City prior to the issuance of an

Occupancy Permit;

 

The traffic improvements at the three intersections shall be in place at least four months prior to performing traffic counts;

 

The monitoring study results will be subject to review by the Traffic Commission with input from the City Engineer. If the results are not to the Commission’s satisfaction, some or all of the improvements may be modified or removed.

 

  1. That temporary occupancy shall not be issued for more than a period of one year.
  2. The Applicant shall install “No Parking Any Time” signs on Mishawum Road and Old Mishawum Road adjacent to the project site.
  3. That the existing sewer sanitary line shall be video inspected prior to the building permit to ensure the system is in adequate condition to receive the additional flow.
  4. That the proposed grease trap and associated components be subject to an operation and maintenance plan to mitigate any future problems and a maintenance contract shall be in place in order to service the proposed grease trap and associated components.
  5. The Petitioner shall provide funds to the City of Woburn in the amount of $75,000.00 toward the replacement of the water line in Mishawum Road and to repave Mishawum Road from the Ryan Road/School Street intersection to Industrial Parkway.
  6. That mitigation shall not be less than 3% of the final audited total development cost.
  7. That this Special Permit shall be non-transferrable.
  8. That the developer/owner shall provide the Fire Department with a call list which shall include the on-site emergency response coordinator who will be available 24/7.
  9. That the developer owner and/or the then current management company and Fire Department shall meet, as required by the Fire Department, to review fire safety issues including but not limited to the Emergency Evacuation Plan, site circulation to and within the site and other related fire safety issues.
  10. That additional “DO NOT BLOCK INTERSECTION” signage be installed at

the entrances/exits at the subject Dave & Buster’s facility site.”

 

A communication dated October 21, 2013 was received from Lt. George Poole, Fire Prevention Officer, Woburn Fire Department, as follows:

 

Dear Alderman Gately:

 

Subject: Dave and Buster’s

 

This letter is in response to the memorandum I received, dated October 8, 2013 from Patricia Bergeron George, Clerk of committees.  The Woburn Fire Department’s greatest concern is life safety at the proposed occupancy, specifically means of egress and crowd management. The city has never had a similar venue: a large combined A-2/A-3 use group. There are similar sized occupancies in the city, but none where such a large number of patrons can enter and move throughout; where lighting is reduced and there will be a large amount of background noise; and where alcohol is served.

 

Before responding to the points in Attorney Tarby’s communication, I would like to also cite some information I learned regarding the Dave and Buster’s facility located in Braintree, MA, which have heightened our concern at the proposed project in Woburn.  I spoke with Deputy Chief Steven Sawtelle of the Braintree Fire Department regarding the Dave and Buster’s in Braintree.  Deputy Chief Sawtelle outlined several incidents which had occurred at the facility within its first year of being open.  These included three separate fires. Although all were minor in nature, two occurred while the business was open to the public.  Also, during an inspection by the Braintree Fire Department, chairs were found to be stacked in a protected stairwell, partially blocking its use.  At a separate incident, the Braintree Fire Department received the alarm from Dave and Buster’s and found that a Dave and Buster’s employee had opened the fire alarm control panel and silenced and reset the alarm prior to the arrival of the Braintree Fire Department.

 

The following are sequential responses to Attorney Tarby’s communication dated October 3, 2013:

 

  1. The Woburn Fire Department acknowledges that your client will comply with their insurance carrier’s, (FM Global) required 18 month inspection schedule.

 

  1. The Woburn Fire Department acknowledges that the Braintree location copied the Providence location in part.  The Rhode Island Fire Safety Code has been re-written as a result of the tragic Station Nightclub fire in 2003, to include specific language regarding sprinklers, crowd management, and uniformed firefighters on duty in many types of “places of assembly.”  The Woburn Fire  Department also recognizes that while similar, Massachusetts has its own   distinct laws and regulations.
  2. The building will be required to have sprinklers, voice evacuation system, fire alarm etc. as stated.  These items are all required by Massachusetts state law and regulations (CMR).  There are also requirements within the Woburn Municipal Code which must be complied with.
  3. The Woburn Fire Department is aware that police details have been removed from the special permit requirements as a result of the meeting held October 7, 2013.
  4. The Woburn Fire Department currently inspects all establishments in the City of Woburn that hold a liquor license and is aware of this annual renewal process.

 

In regard to the request for review of points 1 and 2 on page two (these are the second set of numbered points contained in the communication) of Attorney Tarby’s communication dated October 3, 2013:

 

Point 1 on page two:

 

  1. The attachment titled “Dave and Buster’s Policies for Woburn, MA Location,” specifically “Guest Counts,” makes no reference at all to Massachusetts CMR 527 10.13 Emergency Planning and Preparedness.  This section includes very specific requirements for “places of assembly.” Including the use and certification of “Crowd Managers” based on the number of occupants in an area of assembly.
  2. The point titled “Line Control” is also of concern.  Based on language contained in the section, the Woburn Fire Department is concerned “loiterers” or “guests” who “congregate” in front of “the front door in a closed position” will hinder egress by patrons already inside the building out through the main entrance.
  3. The “Minors’ Policy” is not applicable to fire and life safety codes in this occupancy.  The codes recognize all age categories as occupants.

 

Point 2 on page two refers to “Fire Prevention Plans dated October 1, 2013.”  These plans, which are not stamped by a fire protection engineer, nor contain sprinkler or fire alarm plans, but do indicate that both will be installed per applicable codes, have been reviewed.  The plans also contain “Code Analysis” in which 527 CMR is listed; however, no specific mention of the Emergency Planning and Preparedness section is made.

 

These plans also show various egress paths from different locations in the building to an exit.  The Woburn Fire Department has concern with one egress path, shown in grey shade on the sheet labeled, “Main Level.”  The hallway which runs along the rear of the “FUNction Rooms” and also provides egress from various employee areas and rooms shown along the rear wall of the building shows that people following this path has occupants entering “Dave’s Arcade,” which is the large arcade area, before entering the protected stairway.  This re-direct will cause confusion to occupants using the hallway expecting to reach an exit only to find themselves back in a main area of the building.

 

In closing, the Woburn Fire Department still has great concern for the life safety of the people who would be visiting and working in the proposed building.  This concern is what prompted the Woburn Fire Department to initially suggest utilizing a fire and life safety detail.  This concern combined with Dave and Buster’s perceived intention to use their own policies in place of The Commonwealth of Massachusetts Regulations (CMR) for crowd management forces the Woburn Fire Department’s need to clarify the measures of safety at the location.

 

Respectfully, s/Lt. George Poole, Fire Prevention Officer

 

A communication dated October 17, 2013 was received from Police Chief Robert J. Ferullo, Jr. as follows:

 

Please accept this memorandum in response to your request for input regarding police details relating to the above captioned petition.

 

The Woburn Police Department has worked closely with representatives for the Dave and Buster’s project since October 17, 2012. There is currently a mutually acceptable plan in place to provide police details during the first 3 months after opening. This plan calls for the reduction or increase of police details based upon the experiences during that time.

 

In seeking information from Chief Jenkins on the Braintree Police Department, where there is a Dave and Busters, his response in relevant part is as follows:

 

“Anecdotally, D&B has been very easy to work with. Prior to coming here, they were the subject of pretty outspoken critics who feared gang violence, etc. None of that has materialized. They are a well run operation and very sensitive to law enforcement concerns.”

 

I am opposed to mandating police details as a condition of this Special Permit. I believe that any issues can be dealt with effectively and efficiently using powers vested in the police department by policy, statute and ordinance combined with the mutually agreed upon use of details when the need exists.

 

s/Chief Robert J. Ferullo, Jr.

 

Motion made and 2nd that the communication dated October 17, 2013 from the Police Department and the communication dated October 21, 2013 from the Fire Department be received and made part of the record, all in favor, 9-0. Appearing for the petitioner was Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petitioner began this process in the Fall 2012 by making informal presentations, that the License Commission allowed a transfer of the liquor license to the petitioner in January 2013, that that License Commission approved a common victualler license for the petitioner in February 2013, that the petitioner held neighborhood meetings, that the petitioner appeared before the Planning Board on June

18, 2013 and August 6, 2013, that a peer review of the proposal was complete in the Planning Board proceedings, that the Planning Board forwarded a favorable recommendation on the petition on September 10, 2013, that the License Commission approved two hundred automatic amusement devices for the petitioner on September 19, 2013, that the Committee on Special Permits met on October 7, 2013 and provided a favorable recommendation with twenty-seven conditions, that the application has been fully vetted, that the petitioner ask that the petition be approved, that the posted hours of operation will be Sunday through Thursday 11:00 a.m. to 12:00 midnight and Friday and Saturday 11:00 a.m. to 1:00 a.m., and that the petitioner needs flexibility in its hours of operation to remain open until 1:00 a.m. like other competing businesses in the city are allowed to do. Alderman Mercer-Bruen stated that the Fire Department raised concerns about the Braintree operation which is a concern, that the City Council must look at the good behavior and the bad behavior of the applicant, that this operation is not just a restaurant, that she wants to add additional conditions to any special permit granted, that the petitioner states that it has a crowd control policy but is not subject to the crowd control policy in the Massachusetts General Laws, that she wants to offer an amendment that the petitioner be subject to crowd control laws in the Massachusetts General Laws, and that there were no police issues with the Braintree operation but there were Fire Department concerns with that operation. Attorney Tarby stated that two of the Braintree fires were in the clothes dryer around midnight, that a fire detail presence would not have prevented those fires, that the fires did not get out of hand, that the third fire occurred during the day when the power to the facility went out, the vent stopped and smoke from the grill set off the fire alarms, that the petitioner provided an overview to the City Council as a general review of the crowd control policy but this does not supersede the petitioner’s obligations under the Massachusetts General Laws, that if the fire alarm goes off the emergency lighting goes on and the games shut down, that the petitioner has to comply with Massachusetts General Laws and regulations and has no intention not to comply, and that the petitioner would not object to the condition being added referring to the Massachusetts General Laws relative to crowd control. Alderman Mercer-Bruen stated that the Code of Massachusetts Regulations states that crowd control employees must be certified. Attorney Tarby stated that there are seventeen employees at the Braintree facility who are certified in crowd control consistent with the Massachusetts General Laws. Alderman Drapeau stated that he is certified in crowd control, that much of crowd control has to do with live entertainment events, that having a building with a sprinkler system also reduces risk, that a lot of work has been done on this petition, that safety value has been added, that due diligence has been done, and that he will support the petition. Attorney Tarby stated that the petitioner has no live entertainment planned at the facility. Alderman Haggerty stated that public safety is the primary issue, that he offers three conditions relative to health and safety including crowd control, emergency planning and delivery hours, that the petitioner will be required to be certain that the facility is safe, and that he has confidence that the petitioner will keep the facility safe for visitors. Alderman Raymond stated that traffic was an issue with this proposal, that a plan cannot eliminate traffic but it can mitigate the traffic, that the traffic will be analyzed over a four month period and adjustments will be made as needed, that the neighbors want no parking on both sides of the streets and this requirement will be a condition of the special permit, and that the concerns of the residents on Old Mishawum Road are also addressed. Alderman Anderson stated that he has been involved from the beginning of this project, that his concerns center on the size of the building, the proximity of the facility to residences and the parking, and that he is not in favor of the project due to these issues. President Denaro stepped down from the Chair and Alderman Anderson assumed the Chair. President Denaro stated that there has been discussion at this meeting about other regulatory issues, that that City Council should consider that if there are references to other regulations included in the special permit the regulations can change over time, that the petitioner cannot obtain a license to operate without the crowd control certification in place, Board of Health approval and the like, that the City Council should be cautious about adding a condition requiring compliance with a regulation which could change and no longer be current, and that whether requiring compliance with a regulation is a condition of the special permit or not the petitioner has to abide by the law. Alderman Anderson stated that the petitioner must comply with the law whether stated in the special permit or not, that if the City Council requires compliance with the CMR does the CFA not apply, and that these are issue which arise when reference to other statutes or regulations are included in the special permit. IN FAVOR: Wayne Newcomb, 386 Washington Street stated that he is in favor of the project. OPPOSED: Kathleen Bailey, 4 Utica Street stated that three are many people who want the petitioner’s business in the city but not at the proposed location, and that traffic can be mitigated but it will not be eliminated. Motion made and 2nd to close the public hearing, all in favor, 9-0. Alderman Drapeau stated that he is concerned about the references to regulations in the special permit since the petitioner is subject to the regulations anyway and the special permit may have to be updated if the regulations change. Alderman Haggerty stated that petitioner has agreed to the conditions relative to crowd control and emergency planning. Alderman Raymond stated that there could be a compromise on delivery, that Sunday deliveries are needed because a restaurant of this size may have a need arise on that day, that Sunday deliveries should not be large deliveries but more of an emergency in nature, and that delivery trucks should use Industrial Parkway to Mishawum to keep the trucks out of the residential areas. President Denaro stated that he was not certain what the emergency procedures regulations are. Alderman Haggerty stated that emergency preparedness is clear. President Denaro stated that the issue of emergency planning has not been previously discussed with regard to the petition. Alderman Haggerty stated that compliance with emergency preparedness regulations is clearly required, and that they condition just states that the regulation must be followed. Alderman Mercer-Bruen offered to amend condition 4 hours of operation to 11:00 a.m. to 12:00 midnight which is the same as the Braintree facility, to amend condition 6 by striking the word “seats” thereby limiting occupancy to 828 people and not 828 seats, and prohibiting deliveries on Sunday, however the motion received no second and was not taken up. Motion made and 2nd that the matter be opened to hear further from the Police Chief, President pro-tem declares 4 in favor, 5 opposed Motion Fails. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED with the conditions as follows: 1. That the twenty-seven conditions recommended by the Committee on Special Permit be adopted as conditions of the special permit, 2. To add condition 28 as follows: The Petitioner shall provide Crowd Managers as required under Chapter 304 of the Acts of 2004, An Act Relative to Fire Safety in the Commonwealth, 3. To add condition 29 as follows: The

Petitioner shall comply with 527 CMR regulations 10.00: Fire Prevention, General

Provision; specifically the applicable sections under 10.13 Emergency Planning and Preparedness, and 4. That condition 7 shall be amended as follows: Delivery hours shall be limited to Monday – Friday 7am to 4pm, Saturday 9am to 4pm and Sunday 10am to 1pm, 7 in favor, 2 opposed (Anderson, Mercer-Bruen opposed).

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Alderman Anderson stepped down from the Chair and President Denaro assumed the Chair.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

 

ORDINANCE:

 

On the Order to amend the 1989 Woburn Municipal Code, as amended, Title 6, Section

6-7 Penalties and Enforcement relative to animal waste, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: October 25, 2013           s/Scott D. Galvin October 25, 2013

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NEW PETITIONS:

 

Petition by Tanner TaTa Foundation, 400 West Cummings Park, Suite 1725-320 for a Special Event Permit to allow a road race and health walk on November 24, 2013 beginning at 15 Middlesex Canal Park and environs. Motion made and 2nd that the SPECIAL EVENT PERMIT be GRANTED, all in favor, 9-0.

Presented to the Mayor: October 25, 2013           s/Scott D. Galvin October 25, 2013

 

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Petition for renewal of First Class Motor Vehicle Sales Licenses by C.N. Wood Company, Inc., 200 Merrimac Street; Lannan Chevrolet, Inc., 40 Winn Street and Winn Street; M&L Transit Systems, Inc., 60 Olympia Avenue; R.C. Olsen Cadillac, Inc., 199201 Cambridge Road; and Woodco Machinery, Inc., 22 North Maple Street. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

 

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Petition for renewal of Second Class Motor Vehicle Sales Licenses by Capelo’s Auto Service, Inc. dba J.C. Auto Sales, 84-86 Winn Street; Capelo’s Garage, Inc., 22 Winn Street; Kenneth L. O’Connor dba City Line Motors, 30 Rear Torrice Drive; Oliver M. McDermottroe dba McDermottroe Auto Sales, 229 Lexington Street; Robert McSheffrey dna Bob McSheffrey Auto Sales, 880 Main Street; Ollies Service Center, 310 Main Street; Southside Associates, Inc. dba Burke’s Garage, 71 Main Street; and Donald J. Socorelis dba Woburn Glass Co. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

 

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Petition for renewal of Third Class Motor Vehicle Sales License by Woburn Truck and Auto, Inc., 1095R Main Street. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, all in favor, 9-0.

 

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A Conservation Easement and Restriction was received from Premier Homes LLC, 8 Sweet William Circle, Nashua, New Hampshire 03062 pursuant to Sections 31, 32 and 33 of Chapter 184 of the Massachusetts General Laws granting to the City of Woburn in perpetuity and exclusively for conservation purposes a Conservation Restriction on a parcel of land containing approximately 12,380 square feet of land and shown as Lot 3 on a plan entitled “Definitive Subdivision Meadowview Farms Lots 1-7” recorded in the Middlesex Registry of Deeds as Plan #832 of 2011. Motion made and 2nd that the

MATTER be REFERRED TO COMMITTEE ON INFRASTRUCTURE AND PUBLIC

LANDS, all in favor, 9-0.

 

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A Conservation Easement and Restriction was received from Premier Homes LLC, 8 Sweet William Circle, Nashua, New Hampshire 03062 pursuant to Sections 31, 32 and 33 of Chapter 184 of the Massachusetts General Laws granting to the City of Woburn in perpetuity and exclusively for conservation purposes a Conservation Restriction on a parcel of land containing approximately 12,380 square feet of land and shown as Lot 4 on a plan entitled “Definitive Subdivision Meadowview Farms Lots 1-7” recorded in the Middlesex Registry of Deeds as Plan #832 of 2011. Motion made and 2nd that the

MATTER be REFERRED TO COMMITTEE ON INFRASTRUCTURE AND PUBLIC

LANDS, all in favor, 9-0.

 

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A communication dated October 16, 2013 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re:       Request for Minor Modification/Main Street Woburn RX, LLC,

891 Main Street, Woburn, Massachusetts                             

Dear Mr. Campbell:

 

Please be advised that I represent Main Street Woburn RX, LLC.  On January 10, 2013 your office issued a Landowner’s Decision and Notice of Special Permit setting forth approval by the Woburn City Council of the Special Permit granted to my client (the “Decision”).

 

Enclosed please find a copy of a plan entitled “Layout & Materials Plan, Sheet No. C-2, CVS-Woburn Main Street (RT 38) & School Street Woburn, MA. 01801” dated August 24, 2012 revised October 24, 2012, November 1, 2012, November 16, 2012, December 5, 2012, February 15, 2013, April 9, 2013, May 30, 2013, August 13, 2013 and October 11, 2013 prepared by Allen & Major Associates, Inc., 100 Commerce Way, Woburn, MA 01888-0118.

 

The Site Plan of Record referenced in Condition 1 of the Decision required that the fence along the common property line between the CVS property and the residential abutter on School Street be installed three (3) feet off the boundary line to avoid the cutting down of mature trees along the property line.  The fence was installed in varying distances from the lot line ranging from 3 feet to 8.3 feet.  As a result the buffer zone between the CVS property and the residential abutter is increased and the requirement to cut down trees along the common boundary line will be eliminated.

 

The proposed revision to the Decision by substituting Sheet No. C-2 of the plan approved in the Decision does not result in any change or modification to the location of the buildings nor does it change any of the conditions contained in the Decision.

 

Further, the proposed modification does not result in a substantive amendment which changes the result of the Decision or which grants relief different from that originally granted.

 

On behalf of my client, I respectfully request approval by the City Council at its meeting on October 22, 2013 of a minor modification to the Decision by replacing Sheet No. C-2 referenced in Condition 1 with revised Sheet No. C-2 referenced above.

 

If you have any questions, please do not hesitate to contact me.  Thank you.

 

Very truly yours, s/Joseph R. Tarby, III

 

Motion made and 2nd that the communication be accepted and made part of the record, all in favor, 9-0. Motion made and 2nd that the MINOR MODIFICATION as requested be APPROVED, all in favor, 9-0.

 

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Petition by Lei Song, 83 Walnut Street, Apartment 3, Newton, Massachusetts 02460 for a special permit pursuant to Section 33b of the 1985 Woburn Zoning Ordinances, as amended, to allow a muscular therapy business at 325 Main Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0. *************************

Petition by Kimberly Poirrier, 7 Laurence Road, Woburn, Massachusetts 01081 for a special permit pursuant to Section 33b of the 1985 Woburn Zoning Ordinances, as amended, to allow for a muscular therapy business at 395 Washington Street aka 10 Tower Office Park, Suite 306. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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COMMUNICATIONS AND REPORTS:

 

A communication dated October 16, 2013 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 2013. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated September 30, 2013 was received from Building Commissioner Thomas C. Quinn, Jr. as follows:

 

Re: Woburn Municipal Code Title 15, Article VIII, 1`5-42

 

Dear Members of City Council:

 

With regard to the above referenced section of the Woburn Municipal Coder, I submit the following quarterly nuisance report for the period of July 1, 2013-September 30, 2013.

 

As of this time there are no properties that currently are within the nuisance proceedings within the Inspectional Services Department.

 

Below is an update of previous issues that have been resolved:

 

5 Kennedy Park all issue resolved

351 Salem Street all issued resolved

 

As always if there are any questions concerns do not hesitate to contact this writer.

 

Thomas C. Quinn, Jr., Building Commissioner, City of Woburn

 

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

 

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A communication dated October 7, 2013 addressed to the Woburn City Council and the Committee on Ordinances was received from City Solicitor Ellen Callahan Doucette relative to proposed amendments to the Woburn Zoning Ordinances, as amended, in particular of Section 7.3 Extension or Alteration of Nonconforming Use, Section 8.3 Locations of Required Off Street Parking Facilities, and 3. Table 5.1, line 75 Carnivals and/or Traveling Enterprises. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

 

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A communication dated October 11, 2013 was received from Attorney Joseph R. Tarby III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: Special Permit Petition of Lawless Chrysler Jeep, Inc., 36 Commerce Way, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

Please be advised that I represent Lawless Chrysler Jeep, Inc. in connection with the above-referenced Special Permit Petition. 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 22, 2013. Also, please withdraw my request to continue the public hearing to November 19, 2013.

 

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

 

Very truly yours, s/Joseph R. Tarby III

 

Motion made and 2nd that the SPECIAL PERMIT PETITION BY LAWLESS

CHRYSLER PLYMOUTH FOR THE PROPERTY LOCATED AT 36 COMMERCE WAY be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, all in favor, 9-0.

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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 in accordance with precepts issued by His Excellency the Governor Deval L. Patrick 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 the City of Woburn as are qualified to vote in Special State Elections to assemble at the polling

places in their respective wards in the City of Woburn as designated herein, on TUESDAY, the TENTH OF DECEMBER, 2013 from 7:00

a.m. to 8:00 p.m., then and there to cast their votes in the Special State

Election for the candidates for the office of REPRESENTATIVE IN

CONGRESS FOR THE 5TH 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

     2-1

 

Shamrock Elementary School Gymnasium, 60 Green Street

     2-2

Shamrock Elementary School Gymnasium,  60 Green Street
     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

     4-2

White Elementary School, 36 Bow Street

     5-1

Goodyear Elementary School Gymnasium, 41 Central Street

     5-2

Goodyear Elementary School Gymnasium, 41 Central Street

     6-1

Altavesta Elementary School Gymnasium,  990 Main Street

    6-2

Altavesta Elementary School Gymnasium,  990 Main Street
    7-1 Reeves Elementary School Gymnasium,  240 Lexington Street
    7-2

 

Reeves Elementary School Gymnasium,  240 Lexington Street
              s/President Denaro

 

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

Presented to the Mayor: October 25, 2013           s/Scott D. Galvin October 25, 2013

 

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RESOLVED That the Traffic Commission approve the installation of no parking signs on both sides of the Woburn Parkway from 21 Woburn Parkway to the intersection with Water Street.

 

s/Alderman DiTucci

 

Motion made and 2nd that the RESOLVE be ADOPTED, AS AMENDED with the amendment as follows: That the word “approve” be stricken and the word “consider” be inserted in its place, all in favor, 9-0.

Presented to the Mayor October 25, 2013 and ten days having elapsed without same being approved, said License became effective without his signature on November 5, 2013.

 

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RESOLVED That the Traffic Commission install traffic calming measures along Willow Street and Locust Street, with special attention to the intersection of the two streets

 

s/Alderman DiTucci

 

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

Presented to the Mayor October 25, 2013 and ten days having elapsed without same being approved, said License became effective without his signature on November 5, 2013.

 

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ORDERED     Be it ordained by the City Council of the City of Woburn that the playground located adjacent to the Woburn Police Station at 25 Harrison Avenue be named the “Katherine ‘Kay’ Walsh Playground”, in honor of Kay and all her contributions to the City of Woburn and its children.

 

s/Alderman Gaffney

 

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

Presented to the Mayor October 25, 2013 and ten days having elapsed without same being approved, said License became effective without his signature on November 5, 2013.

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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 8:42 p.m.

 

A TRUE RECORD ATTEST:

 

 

William C. Campbell

City Clerk and Clerk of the City Council

 

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