City Council – 09/20/2008

Meeting Agenda

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

CITY OF WOBURN

SEPTEMBER 30, 2008 – 7:30 P.M.

REGULAR MEETING OF THE CITY COUNCIL

Roll Call

Doherty

_________________________

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

_________________________

Motion made and 2^nd to suspend the rules for the purposes of taking the following matters out of order, all in favor, 9-0.

_________________________

On the Order to amend Title 13 of the 1989 Woburn Municipal Code, as amended, relative to water and sewer rates, committee report was received “back for action.” Appearing was Mayor Thomas McLaughlin and he stated that this will result in a $100,000.00 reduction in indirect costs and with these changes the residential water and sewer rates will increase $49.00. City Auditor Surette stated that indirect cost adjustment, the $100,000.00 transfer from the I&I account and other adjustments will require City Council approval, that the increase in the residential water and sewer rate will be $49.00, that after a review of Department of Public Works records relative to the number of residential dwellings to be billed an additional $253,000.00 in revenue was determined, and that the funds generated will stay in the Water and Sewer Enterprise Fund. Alderman Drapeau stated that obtaining more accurate information from the Department of Public Works was in the spirit of what the City Council was seeking. Alderman Galvin stated that this is still an increase in the water and sewer rates but that the city is taking an aggressive approach in improving the water supply. President Doherty stepped down from the chair and Alderman Galvin assumed the chair. President Doherty stated that reducing the expected residential water and sewer increase from $90.00 to $45.00 is a significant adjustment, that he is concerned about the city being billed for water supplied to the town of Wilmington during the 2007 cycle, that the city’s new assessment is now based on the 2007 billing but that included $400,000.00 in water that was supplied to the town of Wilmington and which the city will not use although it is being billed for the water, that the town of Wilmington agreed to pay the city for any expenses it incurs because of the arrangement, and that the city should attempt to recoup these funds from the town of Wilmington. Motion made and 2^nd that the ORDER be ADOPTED, AS AMENDED, to read as follows:

ORDERED     Be it ordained by the City Council of the City of Woburn, that Title 13 of the 1989 Woburn Municipal Code, as amended, be further amended as follows:

1. That Article II, Section 13.3.9.A.1 be amended by striking the amount “$161.00” and inserting in its place the amount “$164.00”.
2. That Article II, Section 13.2.35.A.1 be amended by striking the amount “$96.00” and inserting in its place the amount “$117.50”.
3. That Article II, Section 13.2.35.B.1 be amended by striking the amount “$3.83” and inserting in its place the amount “$4.83”.
4. That Article II, Section 13.2.35.B.8 be amended by striking the amount “$96.00” and inserting in its place the amount “$117.50”.

8 in favor, 1 opposed (Doherty opposed). Motion made and 2^nd that a communication be forwarded to the City Auditor requesting a report and supporting documents relative to an analysis as to expected water usage comparing the 2007 water billing with the 2008 water billing used in determining the water and sewer charges, all in favor, 9-0.

Presented to the Mayor: October 7, 2008       s/Thomas L. McLaughlin Oct. 9, 2008

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

On the Order to appropriate the sum of $60,000.00 from Unreserved Fund Balance

Account to Shamrock Energy Conservation Account, committee report was received “ought to pass, as amended, with the amendment as follows: That the appropriation be reduced from $60,000.00 to $30,000.00.” Appearing was Woburn Public Schools Assistant Superintendent of Business and Operations Joseph Elia appeared and stated that this item is on the School Department priority list. Motion made and 2^nd that the

COMMITTEE REPORT be ADOPTED, AS AMENDED, with the amendment as

follows: “That a benchmark of conditions be made before installation of the equipment and that after installation of the equipment a review be made within six (6) months to determine the effectiveness,” all in favor, 9-0.

Presented to the Mayor: October 7, 2008       s/Thomas L. McLaughlin Oct. 9, 2008

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

On the Order to appropriate the sum of $509,500.00 from Overlay Reserve Account to School Capital Projects, committee report was received “back for action.” Motion made and 2^nd that the COMMITTEE REPORT be RECEIVED, all in favor, 9-0. Woburn

Public Schools Assistant Superintendent for Business and Administration stated that the total amount of the ten priority items is $369,000.00. Woburn Public Schools Assistant Superintendent for Curriculum Mark Donovan stated that that the list of items presented to the City Council are the priority items and that they relate to conservation of energy and keeping boilers operational. Alderman Gately stated that the boiler improvements are essential work, that this is approximately $168,000.00 of the work, that the security systems and other items should not be part of the package, and that if window replacement work is to be done it must be completed. Alderman Denaro stated that he prefers to preserve positions whenever possible. Motion made and 2^nd that the ORDER be ADOPTED, AS AMENDED, with the amendment as follows: “That the approved items are those set forth in the memorandum dated September 30, 2008 with the prices set forth in the original Capital Improvement Plan, all in favor, 9-0.”

Presented to the Mayor: October 3, 2008       s/Thomas L. McLaughlin Oct. 3, 2008

_________________________

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

_________________________

MAYOR’S COMMUNICATIONS: 

ORDERED     That the sum of $10,000.00 be and is hereby appropriated from Cemetery

Interest Fund to the Burial Section Account 0149058-586601

I hereby approve the above: s/William E. Kerns, Chairman

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

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

s/President Doherty

Attached thereto was the following communication from William E. Kerns, Chairman, Woburn Board of Cemetery Commissioners:

Re: Appropriation Request

Dear President Doherty and City Council Members:

The Board of Cemetery Commissioners is requesting approval for an appropriation of $10,000.00 from the Cemetery Interest Fund to the Burial Sections account for the purchase of loam to complete the up-grades to the area around the Soldiers Lot and for the trimming of trees a the front of Woodbrook Cemetery.

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

Thank you, s/William E. Kerns, Chairman, Cemetery Commission

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

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

ORDERED     That the sum of $21,400.00 be and is hereby transferred as so stated from

Recycling Leaves Account #0151552-529500 $7,400.00, Rodent &

Mosquito Account #0151251-546501 $8,000.00, Tuition Account

#0151251-519105 $6,000.00, Total $21,400.00 to Board of Health Sick

Leave Buy Back Account #0151251-515400 $21,400.00

I hereby recommend the above: s/Jack Fralick, Health Agent

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

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

s/President Doherty (per request)

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

_________________________

PUBLIC HEARINGS:  

On the petition by Alderman Darlene Mercer-Bruen concerning the lot of land located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts on Hill Street , Woburn, Massachusetts and shown on Woburn Assessors Map 54, Block 05, Parcel 2 for the purposes of determining whether said building or buildings are a nuisance, a nuisance to the neighborhood, dilapidated or dangerous building or buildings or other structure or structures, as said terms are used in Mass. General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation. PUBLIC HEARING OPENED. Alderman Mercer-Bruen stated that no further action is required on this matter. IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the public hearing be closed, all in favor, 9-0. Motion made and 2^nd that the MATTER be GIVEN LEAVE TO WITHDRAW WITHOUT PREJUDICE, all in favor 9-0.

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

On the petition by Alderman Charles Doherty to further amend the 1985 Woburn Zoning

Ordinances, as amended, by striking from Section 2 Definitions the definition for “Sign, Window” in its entirety and replacing same with the following: “Sign, Window: A sign that is applied or attached to a window or door, or a sign located near a window within a

building for the purpose of being visible to and read from the outside of the building.”

PUBLIC HEARING OPENED. A report was received from the Committee on

Ordinances as follows: “That the matter be left in committee.” Motion made and 2^nd that the committee report be received, all in favor, 9-0. IN FAVOR: Donald Borchelt, Executive Director, Woburn Redevelopment Authority, 371 Main Street, Woburn stated that the Board of the Woburn Redevelopment Authority voted to support the amendment.

Mr. Borchelt offered a document dated September 30, 2008 from the Woburn

Redevelopment Authority expresses support for the proposed ordinance to the City Council for review. Motion made and 2^nd that the communication be received and made part of the record, all in favor, 9-0. OPPOSED: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he does not want to be recorded in favor of the proposed ordinance, that there are more violations of the ordinance than just the Salem Five business, and that there may need to be an adjustment in the ordinance but this is also an issue of enforcement. Anthony Manchiello stated that he owns 479 Main Street, that he opposes the ordinance, that the ordinance does not differentiate between and interior sign and an exterior sign, and that if a sign is inside the building on an employees desk and it can be read from outside it may be considered a violation. Motion made and 2^nd that the PUBLIC HEARING be

CONTINUED TO THE CITY COUNCIL REGULAR MEETING ON NOVEMBER 18,

2008, all in favor, 9-0.

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

On the petition by Robert Khouzami, 40 Overlook Road, Stoughton, Massachusetts

02072 for a special permit pursuant to Section 5.1.45 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a license to buy, sell, exchange or assemble second hand motor vehicles or part thereof and for a Second Class Motor Vehicle Sales License at 317 Montvale Avenue. PUBLIC HEARING OPENED. A copy of a communication dated July 31, 2008 to Edmund Tarallo, Planning Director to Brett F. Gonsalves, Senior Engineer was received as follows:

Subject: 317 Montvale Avenue – Motor Vehicle Sale Special Permit – Special Permit Application Dated July 18, 2008

This office has reviewed the plans for the above referenced project and offers the following comments.

The applicant is proposing to apply for a license to buy, sell, exchange or assemble second hand motor vehicles on the premises. There was a previously approved special permit approved for the subject property in June of 2000 for the sale of motor vehicles.

With the property already been granted a special permit for the similar use, this office takes no exception to the special permit as submitted.

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

A communication dated September 26, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re:  Robert Khouzami – 317 Montvale Avenue – To allow for the sale or rental of motor vehicles under Section 5.1.45

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on September 9, 2008, the Board voted to send an unfavorable recommendation to the City Council regarding 317 Montvale Avenue to allow for the sale or rental of motor vehicles under Section 5.1.45 based on this application and the application of Fabio DeSouza to allow for an automobile and truck repair garage under Section 5.1.44 at the same site as submitted because the total of all uses at the site as requested represents an over utilization of the site. However, the Board would further consider a modified request addressing issues such as parking.

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 John D. McElhiney, McElhiney and Matson, 607 Main Street, Woburn, Massachusetts 01801 and he stated that the petitioner owns the property, that another petition is pending before the City Council by a tenant at the property, that there are nine service stations in the city that also have motor vehicles sales licenses, that there are 27 current Second Class Motor Vehicle Sales Licenses in the city, that this service station was built in 1963, that the original inflammable license for the property was granted in 1962 or 1963, that it appears this was a full service station at the time of construction including repairs, that the former owner of the station obtained a Second Class Motor Vehicle Sales License in 1990 and was granted a license every year, that the former owner of the station obtained a special permit for the use in 2000, that the former owner of the station renewed the Second Class Motor Vehicle Sales License until the end of 2004 and in 2005 did not renew the license, that the license helps maintain the service station as a viable business, that in the 1970s there were 34 service station in the city, that there are now only 18 service stations in the city, that this is a high traffic volume location, that the property is located in the B-H zoning district, that for at least fourteen years there was a Second Class Motor Vehicle Sales License at the location without issue, that the former owner took his business elsewhere and the license was allowed to lapse, that it is not certain that the special permit lapsed, that the Building Commissioner decided that since the license was not used for a few years then the special permit lapsed, that a special permit unless conditioned does not lapse but runs with the land, that the exception would be for a nonconforming use which this is not, that there is sufficient are on the lot for parking, that the petitioner is looking for the same use that was allowed at the locus and what his competitors have, that it is conducive to maintain a gas station on this side of the road as there is a station on the opposite side of the road and this would minimize the impact on traffic patterns, that the map of record is not to scale, that the Second Class Motor Vehicle Sales License can be limited to five vehicles and there is plenty of parking to support this use, that the City Council has influence over this process as the licenses are renewed by the City Council every year, that the tenant has room to the right and left of the building and two service bays for auto repairs, that there will be dual offices in the building for the service station and the motor vehicle sales, that the petitioner is open to discussing the number of vehicles that can be sold as he is interested in having a license, and that the volume of business at this location will be for the sale of gasoline and auto repair as opposed to used car sales. Attorney McElhiney offered a list of Second Class Motor Vehicle Sales Licenses and a plan of the property to the City Council for review. Motion made and 2^nd that the document be received and made part of the record, all in favor, 9-0. Alderman Mercer-Bruen stated that the site looks good, that when the former user left the site this was acceptable to the neighbors, that this is a proposed over use of the property, that the tenant was already doing business without a special permit, that she is not supportive of the used cars sales because of the constraints on the site and the use does not benefit the city, that the use does not generate revenue to the city, that these uses create enforcement problems for the Building Department, that this is a trend that the city should get away from, that she will support the repair use petition, that the vehicles were stacked up on both sides of the building, that the property is located next to a residential street onto which traffic from the site empties, that a limit of the number of vehicles is difficult for the Building Commissioner to enforce, that the issue before the City Council on this petition is for a used car license and not for auto repairs, that the site has been cleaned, that repairs were being made to vehicles at the site before the special permit was granted, and that the Building Department had to shut down the repair business. Alderman Gonsalves stated that it would be useful to know the history of the property and whether there were issues with the property, and that if the use is not acceptable because of the volume of vehicles then the number of vehicles approved could be reduced. Alderman Galvin stated that a lower of number of vehicles to be sold can be approved and the matter can be reviewed later. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower

Office Park, Woburn stated that the building is kept clean, that a new fence was installed along the property line with Bickford’s, that there is sufficient parking for the used cars on the left of the property and for at least two cars to be repaired on the right of the property, that the use will not impact gasoline sales, that the use creates employment, and that when repair business went down gasoline stations went to kiosks with ancillary

products for sale. OPPOSED: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 21, 2008 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS AND THE COMMITTEE ON POLICE AND

LICENSES, all in favor 9-0.

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

On the petition by Fabio A. DeSouza, 12 Sheridan Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.44 of the 1985 Woburn Zoning Ordinances, as amended to allow an automobile and truck repair garage at 317 Montvale Avenue     PUBLIC HEARING OPENED. A copy of a communication dated September 8, 2008 to Edmund Tarallo, Planning Director to Brett F. Gonsalves, Senior Engineer was received as follows:

Subject: 317 Montvale Ave – Motor Vehicle Sale/Rental Special Permit and Automobile/Truck Repair – Special Permit Application Dated July 18, 2008

This office has reviewed the plans for the above referenced project and offers the following comments.

There are two separate special permit applications for the subject property, on is for automobile and truck repair and the other is for the sale or rental of motor vehicles.

There are concerns whether this property has sufficient parking for the intended uses. The applicant should submit a plan that shows the locations of where the vehicle sale/rental and repair area would be.

This office will complete its review when the above referenced information is submitted.

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

Appearing for the petitioner was Edwardo DeOliveira and he stated that the petitioner misunderstood the time between filing the petition and when he could begin business, that the petitioner wishes to bring reliable service to the city, that this petition will allow gas and auto repairs to be available at the gasoline station, that the petitioner is revitalizing the area by cleaning up the building, that there are two service bays and two parking spaces on the right, that this will be a one mechanic operation, that he will assist with the business management, that he will contact the Planning Board regarding the status of their review, and that he will have two parking spaces to the right of the lot near an island and the dumpster and two vehicles in the service bays. Alderman Mercer-Bruen stated that this location is uniquely positioned for a service station, and that the property looks good. Alderman Drapeau stated that this petition may not need to go to committee as it is pretty clear cut. President Doherty stated the City Engineer needs a site plan to review, that the City Council should receive their input to determine that the station complies with all current drainage and other regulations, that the landlord should provide a plan of record for the parking of two vehicles, that a plan of record for the repair shop is needed, and that the plumbing inspector and City Engineer need to inspect the property to insure that there are no issues. Alderman Gately stated that he has no issue with a repair shop at the site, and that the storage of oil, gas, and dumpster are all issues that need to be addressed. Alderman Denaro stated that the Building Department and the City Engineer need to raise any issues with the City Council by the next meeting or the City Council should move forward. Alderman Galvin stated that the matter has been before the City Council for some time and that the matter should move forward without delay. IN

FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he is in favor of the petition. OPPOSED: None. Motion made and 2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 7, 2008 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

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

On the petition by Dole & Bailey Inc., 16 Conn Street, Woburn, Massachusetts 01810 for a special permit pursuant to Section 5.1.61, 5.1.69 and 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow the alteration of a nonconforming use to install an accessory retail area containing approximately 2,500 square feet of net floor area as allowed by right at 16 Conn Street. PUBLIC HEARING OPENED. A communication dated September 26, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re: Dole & Bailey Inc. – 16 Conn St. – To allow the alteration of a nonconforming use to install an accessory retail area approximately 400 S.F. of net floor area under Sections 5.1.61, 5.1.69, and 7.3

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on September 9, 2008, the Board voted to send a favorable recommendation to the City Council regarding 16 Conn St. to allow the alteration of a nonconforming use and to install an accessory retail area of approximately 400 S.F. of net floor area under Section 5.1.61, 5.1.69, and 7.3 subject to the condition that the handicap parking requirements be met.

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, as amended, with the conditions as follows: 1. That the recommendations of the Planning Board be adopted, 2. That the petitioner install an eight (8) foot solid wood fence, and 3. That the petitioner install twelve (12) foot arborvitae trees along the fence as a sound barrier.” Appearing for the petitioner was Attorney Frank DiLuna, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that this is one of the oldest family run businesses, that the business petitioner has been operating continuously from the site since the 1960s, that there are no external buildouts except for the removal of the loading docks and a frontage upgrade, and that this use is allowed as a matter of right. Attorney DiLuna offered an artist’s rendering, a site plan and a list entitled Proposed Conditions for the City Council to review. Motion made and 2^nd that the documents be received and made part of the record, all in favor, 9-0. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he is in favor of the petition. OPPOSED: None. Motion made and 2^nd that the public hearing be closed, all in favor, 9-0. Motion made and 2^nd that the

SPECIAL PERMIT be GRANTED, AS AMENDED, with the conditions as follows: 1.

That the Proposed Conditions received in this meeting be adopted, as amended, 2. That Condition #5 be amended to state “The Petitioner shall install a catch basin to the 36 inch storm drain in the area shown as ‘Non-office Employee Parking’ on the Plan within a year subject to area grades. This requirement shall not delay issuance of an occupancy permit.’, 3. That the Planning Board recommendation be adopted as amended by changing the reference of “400 S.F.” to “2,500 S.F.”, and 4. That Condition #6 be amended to add at the end of the first sentence “and that the solid fence shall go the full length of the twelve foot arborvitae area as shown on the plan of record,” 6 in favor, 3 opposed (Galvin, Drapeau, Doherty opposed). Note that the conditions were adopted on a vote of all in favor, 9-0.

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

On the petition by David Taylor, 37 Tufts Road, Winchester, Massachusetts 01890 for a special permit pursuant to Section 5.1.35 of the 1985 Woburn Zoning Ordinances, as amended, to allow a doggie daycare at 280 Salem Street. PUBLIC HEARING OPENED.

A communication dated September 26, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re: David Taylor – 280 Salem St. – To allow doggie day care under Section 5.1.35

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on September 9, 2008, the Board voted to send a favorable recommendation to the City Council regarding 280 Salem St. to allow doggie day care under Section 5.1.35 subject to the following conditions:

1. That the doggie day care facility be limited to 25 dogs; and
2. That the doggie day care hours shall be limited to 7 a.m. to 6 p.m. Monday through Friday.

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, 1. That the conditions of the Planning Board be adopted, 2. That the pet waste be removed every day off site, and 3. That the Special Permit is not transferable and if the petitioner moves or sells the business a new Special Permit would need to be obtained.” IN FAVOR: None. OPPOSED: None. Motion made and 2^nd that the public hearing be closed, all in favor, 9-0. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

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

On the petition by Gibbs Oil Company LP, 6 Kimball Lane, Lynnfield, Massachusetts

01940 for a special permit pursuant to Section 15.6(C)(i), (iv) and (vi) of the 1985 Woburn Zoning Ordinances, as amended, to allow for 1. replacement of existing approximately 525 square foot convenience building with a new convenience building approximately 600 square feet; 2. relocation and replacement of the existing canopy and self service gasoline pumps, 3. alternative screening devices; and 4. exception to the area and landscaping requirements by allowing the proposed landscaping plans on the site plan at 107 Winn Street. PUBLIC HEARING OPENED. A copy of a communication dated September 22, 2008 to Edmund Tarallo, Planning Director to Brett F. Gonsalves, Senior Engineer was received as follows:

Subject:  107 Winn Street – GIBBS Gas Station Special Permit – Revised Plans Dated

August 22, 2003 – Revised Drainage Calculations Dated September 16, 2008

This office has reviewed the site plans and drainage calculations submitted for the above referenced project and offer the following comments.

The applicant has demolished the existing gas station building and canopy and is constructing a new 600 sf convenience mart, gasoline pumps and canopy.

Site drainage and water quality impacts will be mitigated by a combination of existing on site drainage as well as underground infiltration. The proposed roof and canopy stormwater will be mitigated by an underground infiltration system. This will promote clean groundwater recharge. There is an emergency overflow connection to the existing onsite catch basin which connects into the municipal drainage system. The onsite catch basin will be retrofitted with a grease hood to prevent and hydrocarbons entering into the city’s drainage system. All proposed drainage modifications will conform to the Department of Environmental Protections best management practices.

The concrete apron surrounding the new gasoline pumps will be designed with scored concrete channels surrounding the gasoline tanks and canopy, this serves as a containment area in the event of a spill.

Upon review of the subject materials, this offices takes no exception to the special permit application as submitted.

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

A communication dated September 29, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re: Gibbs Oil Company LP – 107 Winn St. – To allow the replacement of 525 S.F. convenience building with a 600 S.F. convenience building; relocate and replace existing canopy and self service gas pumps; alternative screening devices; and exception to the area and landscaping requirements in accordance with the proposed landscaping plans under Section 15.6(C)I, iv, & vi

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on September 23, 2008, the Board voted to send a favorable recommendation to the City Council regarding the property at 107 Winn St. to allow the replacement of the 525 S.F. convenience building with a 600 S.F. convenience building; relocating and replacing of the existing canopy and self service gas pumps; the use of alternative screening devices; and an exception to the area and landscaping requirements in accordance with the proposed landscaping plans under Section 15.6(C)I, iv, &vi, the Ground Water Protection District section of the Zoning Ordinance.

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 Kate Connolly, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and she stated that this petition is limited to obtaining a special permit under the Groundwater Protection Overlay District ordinance, that a special permit was granted to allows the improvements to the property, that it was then determined by the Building Commissioner that the property is located in the groundwater protection overlay district, that the ordinance applies to new construction and new or expanded uses, that the petitioner will comply with the ordinance, and that all other uses are addressed by the special permit that was issued on March 21, 2008. Al Micale of Ayoub Engineering appeared and stated that he is the engineer for the project, that the tanks have to be sticked to drop product, that they cannot rely on daily receipts, that they have to remove the covers to stick the tanks, that there will be a new lining barrier on a level concrete mat, that there is an overhead canopy, that small amounts of gasoline will evaporate, that larger amounts of gasoline are cleaned up with speedy-dry and property disposed of, that the delivery driver should not deliver product unless the tank is sticked, that the station operation performs a stick check of the tanks and a check of internal records is how the need for product is determined, and that there will be an oil/water separator on site. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn and she stated that this was determined to be under the groundwater protection overlay district ordinance, that the new Department of Public Works salt shed special permit was granted without this issue being raised, that the new restrooms at Library Field are being constructed under a special permit and this issue was not raised, that the city should have to follow the same rules, and that the new Horn Pond filtering plans should also have to be in compliance with this ordinance. OPPOSED: Robert Gonsalves, 119 Winn Street stated that he has no issues with the special permit and no knowledge of the water issues, that he is concerned about the allowance of deliveries during certain hours except in an emergency, that the petitioner should use its paperwork to determine how much fuel is in the tanks to determine whether there is an emergency need for gasoline at the station, that the daily receipts could be used to determine how much gasoline is in the tank, and that the petitioner does not need to stick the tank. Motion made and 2^nd that the public hearing be closed, all in favor, 9-0. Motion made and 2^nd that the SPECIAL PERMIT be

GRANTED, AS AMENDED, with the conditions as follows: 1. That the oil/gas separator be properly maintained, and 2. That the recommendations of the Planning Board be adopted, all in favor, 9-0. Motion made and 2^nd that correspondence be forwarded to the Building Commission requesting a review of all special permits granted in the

Groundwater Protection Overlay District to determine compliance with the ordinance, all in favor, 9-0.

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

On the petition by Metro PCS Massachusetts LLC, 285 Billerica Road, Chelmsford, Massachusetts 01824 for a special permit pursuant to Section 5.1.80b of the 1985

Woburn Zoning Ordinances, as amended, to install a wireless communications facility on the roof of 304 Cambridge Road. PUBLIC HEARING OPENED. A communication dated September 29, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re:  Metro PCS Massachusetts, LLC – 304 Cambridge Rd. – To install wireless communication facility on roof under Section 5.1.80b

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on September 9, 2008, the Board voted to send a favorable recommendation to the City Council regarding 304 Cambridge Rd. to install wireless communication facility on the roof under Section 5.1.80b subject to the following conditions:

1. That the panel antennas shall not exceed 10’ above the top of the existing roof to the top of the antennas as shown on Drawing A-2 amended to 7/24/08; 2. That the petitioner shall post a bond for future removal; and

3. That the petitioner shall contribute $5000 for the cost of a survey for the siting of wireless communication facilities within Woburn.

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, as amended, with the conditions as follows: 1. That the recommendations of the Planning

Board be Adopted.” Motion made and 2^nd that the Planning Board communication dated September 26, 2008 be received, all in favor, 9-0. Motion made and 2^nd that the committee report be received, all in favor, 9-0. Appearing for the petitioner was Attorney Brian Grossman, Prince, Lobel, Glovsky & Tye LLP, 100 Cambridge Street, Suite 2200, Boston, Massachusetts 02114. Attorney Grossman offered copies of photographs of the conditions of the site for the City Council to review. Motion made and 2^nd that the documents be received and made part of the record, all in favor, 9-0. IN FAVOR: None. OPPOSED: None.  Motion made and 2^nd that the public hearing be closed, all in favor, 9-

0. Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 90. Motion made by Alderman Galvin to reconsider his vote being duly seconded, all in favor, 9-0. Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the conditions as follows: 1. That the recommendations of the Planning Board be adopted as conditions of the special permit, all in favor, 9-0.

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

On the petition by Metro PCS Massachusetts, LLC, 285 Billerica Road, Chelmsford,

Massachusetts 02124 for a special permit pursuant to Section 5.1.80B of the 1985 Woburn Zoning Ordinances, as amended, to install a wireless communications facility on the roof of 44 Montvale Avenue. PUBLIC HEARING OPENED. A copy of a communication dated September 22, 2008 to Edmund Tarallo, Planning Director to Brett F. Gonsalves, Senior Engineer was received as follows:

Subject: 44 Montvale Avenue – Metro PCS Wireless Special Permit – Site Plans Dated August 22, 2008 – Special Permit Application Dated August 26, 2008

This office has reviewed the site plan for the above referenced location and offers the following comments.

The applicant is seeking a special permit to install wireless communications on the roof of the above referenced location. There is no site work and the proposed work appears to be isolated to the rooftop of the structure.

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

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

A communication dated September 29, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on September 23, 2008, the Board voted to send a favorable recommendation to the City Council regarding 44 Montvale Ave. to install wireless communication facility on the roof under Section 5.1.80b subject to the following conditions:

1. That the antennas shall be in accordance with plans entitled “Montvale Avenue Woburn” 44 Montvale Avenue dated 8/22/08;
2. That the petitioner shall post a bond for future removal; and
3. That the petitioner shall contribute $5000 for the cost of a survey for the siting of wireless communication facilities within Woburn.

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

Motion made and 2^nd to that the Planning Board communication dated September 29,

2008 be received, all in favor, 9-0. Appearing for the petitioner was Attorney Brian

Grossman, Prince, Lobel, Glovsky & Tye LLP, 100 Cambridge Street, Suite 2200, Boston, Massachusetts 02114. IN FAVOR: None. OPPOSED: None. Motion made and

2^nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 7, 2008 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

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

On the petition by MetroPCS Massachusetts, LLC, c/o Attorney Brian Grossman, Prince

Lobel Glovsky and Tye, LLP, 100 Cambridge Street, Suite 2200, Boston, Massachusetts

02114 for a special permit pursuant to Section 5.1.80b and 5.6 of the 1985 Woburn Zoning Ordinances, as amended, to allow the attachment of a wireless communications link on an existing structure off Waltham Street. PUBLIC HEARING OPENED. A communication dated September 29, 2008 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re:  Metro PCS Massachusetts, LLC – Off Waltham St. – To install three wireless telecommunication antennas by attaching the antennas to a Boston Edison Company pole and accessory radio equipment and 1 GPS antenna in a leased area adjacent to the pole pursuant to Sections 5.2.80b and 5.6

Dear Mr. Campbell and members of the City Council:

At the Planning Board meeting held on September 23, 2008, the Board voted to send a favorable recommendation to the City Council regarding the property off Waltham St. shown as Map 72 Block 15 Lot 5 on the City’s Assessors’ Maps to install three wireless telecommunication antennas by attaching the antennas to a Boston Edison Company pole and accessory radio equipment and 1 GPS antenna in a leased area adjacent to the pole pursuant to Section 5.2.80b and 5.6 subject to the following conditions:

1. That the antennas shall be in accordance with plans entitled “NSTARSTANCHION, Woburn” last dated revision of 8/19/08;
2. That the petitioner shall post a bond for future removal; and
3. That the petitioner shall contribute $5000 for the cost of a survey for the siting of wireless communication facilities within Woburn.

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

Sincerely, s/Edmund P. Tarallo, Planning Director

A copy of a communication dated September 22, 2008 to Edmund Tarallo, Planning Director to Brett F. Gonsalves, Senior Engineer was received as follows:

Subject: Waltham Street – Metro PCS Wireless Special Permit – Site Plans Dated August 19, 2008 – Special Permit Application Dated August 28, 2008

This office has reviewed the site plan for the above referenced location and offers the following comments.

The applicant is seeking a special permit to install wireless communications at the above referenced location. The site plans show that the proposed antenna will be located on the existing transmission pole and installation of a control cabinet will be within a lease area.

There are similar devices and equipment installed in the proposed project area that have had previously approved special permits granted. Upon reviewing the application, office takes no exception to the special permit as submitted.

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

Motion made and 2^nd that the communication from the Planning Board dated September 29, 2008 be received, all in favor, 9-0. Alderman Drapeau stated that there is a reoccurring issue with this site, that Boston Edison is filing petitions indicating its ownership of the property, that on three separate occasions this has occurred, that the owner Roger Wheaton has come to an agreement with the petitioner, that Boston Edison should not be permitted to do this, and that perhaps a deed or tax bill will have to be filed to prove ownership of the property. Appearing for the petitioner was Attorney Brian Grossman, Prince, Lobel, Glovsky & Tye LLP, 100 Cambridge Street, Suite 2200, Boston, Massachusetts 02114 and he stated that he spoke to Roger Wheaton and obtained a letter of authorization to go forward with the project, that his is not an uncommon occurrence where there is an easement rather than a lease. IN FAVOR: Roger Wheaton, 17 Woburn Parkway stated that he owns the property, that he pays the taxes on the property, that he entered into a lease agreement with the petitioner, that this is the third time that this has happened, that to have a public hearing without the authorization of the landowner is beyond belief, and that the Building Commissioner would have noticed this. Claudette Peden-Tirschel, Site Acquisition Consultant, Metro PCS Massachusetts LLC stated that the petition moved faster than usual, that they were in negotiation with Mr. Wheaton while the petition progressed, and that they do pull the deeds to the property but jumped the gun on this petition. OPPOSED: None. Motion made and 2^nd that the

PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 7, 2008 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

_________________________

CITIZEN’S PARTICIPATION:  None.

_________________________

COMMITTEE REPORTS:

SPECIAL PERMITS:

On the petition by Sprint Spectrum, L.P. and its affiliate, Sprint Wireless Broadband Company, LLC, 9 Company Drive, Bedford, Massachusetts 01730 for a special permit pursuant to Sections 5.6 and 11.5 of the 1985 Woburn Zoning Ordinances, as amended, to modify its existing wireless communications facility within the steeple and to allow it to mount one (1) WiMAX GPS antenna on the rooftop of the church next to existing GPS antenna at 523 Main Street, committee report was received “ought to pass, as amended, with the conditions as follows: 1. That the WiMAX GPS antenna shall not be greater than one (1) foot in height and will not extend more than one (1) foot above the roof of the church, 2. That the petitioner shall post a bond for future removal, and 3. That the petitioner shall contribute up to $5,000.00 for the cost of a survey for the siting of wireless communication facilities within Woburn.” Motion made and 2^nd that the committee report be received, all in favor, 9-0. Alderman Gonsalves stated that since this

is a minor alteration that the requirement for the $5,000.00 contribution should be waived. Motion made and 2^nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the following conditions: That Condition 1 and Condition 2 of the Planning Board recommendations dated September 26, 2008 be adopted as conditions of the special permit and that Condition 3 of the Planning Board recommendations be waived, all in favor, 9-0.

************************* ORDINANCES:

On the Order to amend Section 5-33 of Title 5, Article V of the 1989 Woburn Municipal Code, as amended relative to the prohibition of the use of public parks and ways by hawkers, peddlers or transient vendors, committee report was received “ought to pass, as amended, with the amendment as follows: To strike from the second sentence the words ‘other than such time as is reasonably necessary’ and inserting in its place the words ‘greater than thirty (30) minutes per day’.” Alderman Mercer-Bruen stated that there should be more discussion as to how this will be implemented and that there may need to be a permitting process. Alderman Gately stated that there have been complaints about transient vendors using the public parks and ways, that the impact of this proposed ordinance is larger than expected, that the use of the municipal ways for many purposes may be impacted, that the matter should be returned to committee for further review with better language, and that he is not trying to make everyone happy but does not want to harm any vendors either. Alderman Drapeau stated that the intent of this ordinance had merit, that the vendors can be properly permitted with designated areas where they can locate, that one vendor was posting signs along the roadway, that there must be some semblance of order, that the vendors do provide a service, that the original intent was to get some control over these uses, and that the matter should be sent back to committee. Alderman Raymond stated that there should be additional work on the ordinance in committee to see whether the uses should be permitted with input from vendors. Alderman Denaro stated that the city council should act on this matter at this meeting, that if an alternative proposal is made then it can be considered at that time, that the matter should not be sent to committee, and that any future proposals should start over. President Doherty stated that this proposal should not be left to die in committee and that there are reasons to pursue this matter while protecting the vendors. Alderman Galvin

stated that this type of ordinance can never make everyone happy. Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, 7 in favor, 2 opposed (Denaro, Gonsalves opposed).

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

On the Order to add a new Title 15, Article VI entitled “Maintenance of vacant property” to the 1989 Woburn Municipal Code, as amended, committee report was received “ought to pass.” Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: October 3, 2008       s/Thomas L. McLaughlin Oct. 3, 2008

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

On the Order to transfer the sum of $ 150,000.00 from BLS Receipts Account to Fire Ambulance Salary Account and Ambulance Maintenance Account, committee report was received “ought to pass.” Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: October 3, 2008       s/Thomas L. McLaughlin Oct. 3, 2008

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

On the Order to appropriate the sum of $400,000.00 from School Stabilization Fund Account to WMHS Comfort Station Included as Part of ACO Account, committee report was received “ought to pass.” Motion made and 2^nd that the COMMITTEE REPORT be RECEIVED and that the ORDER be DENIED, all in favor, 9-0.

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

On the appointment of Jean Cullinane as a Member of the Board of Appeals, committee report was received “ought to pass.” Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: October 3, 2008       s/Thomas L. McLaughlin Oct. 3, 2008

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

On the appointment of Carol Seitz as a Member of the Woburn Public Library Board of

Trustees, committee report was received “ought to pass.” Motion made and 2^nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.

Presented to the Mayor: October 3, 2008       s/Thomas L. McLaughlin Oct. 3, 2008

_________________________

NEW PETITIONS:

Petition by National Grid for a grant of right in a way to install approximately 130 feet of four inch plastic main in Fletcher Road to service 46 Fletcher Road. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

Petition by Kravings Etc. for a special permit pursuant to Section 8.3.2 of the 1985 Woburn Zoning Ordinances, as amended, to allow for seven (7) off-site parking spaces at 106 Winn Street. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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

Petition by John E. McCue, Jr., individually and as Trustee of 198-200 Cambridge Road

Realty Trust, c/o McCue Garden Center, 200 Cambridge Road, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.68b, 5.1.69, 5.1.72, 7.3, 8.3.2 and 13.5 of the 1985 Woburn Zoning Ordinances, as amended, to utilize a portion of the property at 198 Cambridge Road for parking in connection with the Garden Center at 200 Cambridge Road, with associated parking layout changes, retaining walls, and new/altered signage at 198-200 Cambridge Road. Motion made and 2^nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

_________________________

COMMUNICATIONS AND REPORTS:

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

In accordance with Massachusetts General Laws Chapter 90, Section 20½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending August, 2008: number of parking violations issued 827, number of violations paid 511, number of violations outstanding 412, amount collected and submitted to the Office of the Collector $43,150.40. There exists a backlog of 4,936 tickets for 1982 through 2007. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $7,400.00.

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

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

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

A communication dated September 4, 2008 with attachments was received from Joanne Collins, Director, Woburn Council on Aging along with the minutes of the August meeting of the Council on Aging and the Director’s report for the month of August.

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

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

A copy of a communication dated September 22, 2008 with attachment to Mayor Thomas McLaughlin from Richard P. Haggerty, Chairperson, Woburn Historic District Commission was received as follows:

Re: Woburn Historic District Commission

The members of the Woburn Historic District Commission have had a number of lengthy discussions concerning the City of Woburn’s policies concerning the protected properties within North Woburn called the Baldwin Homestead Historic District.

Since its inception in 2006, several city authorized activities have taken place in the District without any notification to our Commission. We now request that you forward copies of this letter along with a map of the Baldwin Homestead Historic District that lists the protected properties, to the appropriate city department heads.

We have also forwarded a copy of this letter and map to the city boards listed below as a reminder that no work can be authorized in the Baldwin Homestead Historic District without a review by our Commission beforehand.

All of us have a right to the protection of valuable historic properties in our city and it is our responsibility under law to protect these properties.

We appreciate your attention to this matter and please feel free to contact me with any questions.

Sincerely, s/Richard P. Haggerty, Chairperson

cc:  Charles Doherty, President, Woburn City Council       Edward C. Robinson, Chairman, Woburn Board of Appeals.

Carl Seitz and Marie Coady, Co-Chairs Woburn Historic Commission

Ed Tarrello, Woburn Planning Board

Sign Review Board

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

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

A communication dated September 5, 2008 was received from Attorney Thomas W. McEnaney, Kopelman and Paige, P.C., relative to new legislation authorizing the sale of alcoholic beverages on golf courses. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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

A communication dated September 5, 2008 was received from Attorney John W.

Giorgio, Kopelman and Paige, P.C., relative to an emergency fuel assistance program. Motion made and 2^nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.

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

A communication dated September 24, 2008 was received from the Honorable State Senator Patricia Jehlen advising of changes to the deferral of payment of property taxes by qualified property owner over 65 years of age including increasing the maximum gross income to $49,000 or to index it to the circuit breaker amount upon vote of the City Council. Motion made and 2^nd that MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.

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

A communication dated September 8, 2008 was received from Steven J. Chilton, Senior Vice President, MassDevelopment, 160 Federal Street, Boston, Massachusetts 02110 notifying the city of a revenue bond project by CMARC, Inc. in the amount of $3,200,000.00 to allow the borrower annual debt service savings and requesting that the city advise if this project conflicts with an existing local or regional comprehensive plan. Motion made and 2^nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

_________________________

UNFINISHED BUSINESS OF PRECEDING MEETING:  None.

_________________________

APPOINTMENTS AND ELECTIONS:  None.

_________________________

MOTIONS, ORDERS AND RESOLUTIONS:

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

1. By striking Section 5.3.1 in its entirety and inserting in its place the following: “No fence, retaining wall, screen or other method of separation shall be erected without a permit; however, no permit shall be required for the erection of a fence in a location in which a previously existing fence was maintained provided that the new fence is erected within thirty (30) days of the removal of the former fence. No permit shall be required for the repair of a fence which is in broken or damaged condition including the replacement of the fence, or a section thereof, with a new fence.”
2. By striking Section 5.3.3 in its entirety and inserting in its place the following: “No fence shall be maintained over forty-two (42) inches high within sixteen (16) feet of an intersecting street.”

s/Alderman Raymond and

   Alderman Gately

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

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

RESOLVED That the Committee on Personnel meet with His Honor the Mayor to discuss the establishment of the position of Project Manager in the Department of Public Works and related issues.

s/Alderman Joanna Gonsalves

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

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

ORDERED     That pursuant to 1989 Woburn Municipal Code, as amended, Title 3, Article I, Section 3-6 the Chief of the Fire Department is hereby authorized to dispose of a 1979 American LaFrance Pumper which the Fire Chief has determined is of no longer suitable for use and will be sold as-is or as junk and is not of any value to the department; and further that the Fire Department be authorized to retain the proceeds.

s/President Doherty

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

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

RESOLVED That due to the completion of all water, sewer and gas projects, the following streets be repaved from curb to curb:

Fowle Street from Main Street to Eastern Avenue;

Oxford Place from Garfield Avenue to Mt. Pleasant Street; South Street from Garfield Avenue to Sonrel Street.

s/Alderman Gately

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

Presented to the Mayor: October 3, 2008       s/Thomas L. McLaughlin Oct. 3, 2008

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

RESOLVED That the City Council of the City of Woburn supports the adoption of

Burlington, Massachusetts Town Meeting Warrant Article 22 Rezoning City of Boston Property to Open Space District presented at the Town Meeting on September 22, 2008.

s/Alderman Gonsalves and

Alderman Drapeau

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

Presented to the Mayor: October 3, 2008       s/Thomas L. McLaughlin Oct. 3, 2008 *************************

RESOLVED That the Traffic Commission investigate the feasibility of establishing a no parking restriction on the even side of Park Street.

s/Alderman Gonsalves

Motion made and 2^nd that the RESOLVE be ADOPTED, AS AMENDED, with the amendment “That the restriction apply after 16 Park Street,” all in favor, 9-0.

Presented to the Mayor: October 3, 2008       s/Thomas L. McLaughlin Oct. 3, 2008

_________________________

Motion made and 2^nd to suspend the rules for the purposes of taking the following matters from the Committee on Police and Licenses, all in favor, 9-0.

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

On the petition by RCN Limo LLC, 331 Montvale Avenue for a new Livery License.

Motion made and 2^nd that the LIVERY LICENSE be GRANTED, all in favor, 9-0.

Presented to the Mayor: October 3, 2008       s/Thomas L. McLaughlin Oct. 3, 2008

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

On the petition by First Cab of Woburn, 29 Cummings Park, Suite 440 for a new Taxi Cab License. Motion made and 2^nd that the TAXI CAB LICENSE be GRANTED, all in favor, 9-0.

Presented to the Mayor: October 3, 2008       s/Thomas L. McLaughlin Oct. 3, 2008

_________________________

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

_________________________

Motion made and 2^nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 10:25 p.m.

A TRUE RECORD ATTEST:

William C. Campbell

City Clerk and Clerk of the City Council