Woburn City Council Journal for September

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CITY OF WOBURN

SEPTEMBER 3, 2013 – 7:00 P.M.

REGULAR MEETING OF THE CITY COUNCIL

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Roll Call

 

                                                Anderson                    Gately

                                                DiTucci                       Haggerty

Drapeau                      Mercer-Bruen

                                                Gaffney                       Raymond

       Denaro

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

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MAYOR’S COMMUNICATIONS: 

 

A Veto Message dated August 19, 2013 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear President Denaro and Members of the City Council:

 

On August 1, 2013, I re-submitted a comprehensive disability package for the benefit of Officer Robert DeNapoli and his family. Again, this package was one of the most comprehensive and generous disability packages ever offered to a police officer injured in the line of duty.

 

My intentions have always been clear – to fairly and appropriately provide additional disability benefits for Officer DeNapoli than those allowed under existing State Laws, while also acknowledging this is a precedent-setting disability package that will have future financial impacts on our City.

 

We live in an increasingly dangerous world. Our public safety officers, both police and fire, are well aware of the dangers and inherent risks associated with their jobs. We appreciate their service on our behalf and know they and their families understand these risks.

 

As Mayor, I have a responsibility to ensure that an officer injured and/or disabled in the line of duty be treated fairly based on the incident and injuries –

 

At the same time, I have a responsibility, as always, to balance that response with serious consideration of appropriateness in not just this once case, but also possible future benefits packages that will require the same treatment, as well as the resulting financial obligation to the City in the future.

 

The enhanced disability I have presented will immediately pay Officer DeNapoli 100 percent of his salary until he reaches age 65, much more than the 75 percent he would receive under existing state laws, without this special legislation. He is currently paid $68,704 per year. This annual amount will increase each year the patrolman’s union receives a salary increase under collective bargaining. In addition, the disability payments are exempt from both federal and state income taxes. The net effect of this is obvious – if Officer DeNapoli had continued as a police officer, he would need to earn in excess of $90,000 to net $68,704 per year.

 

In addition, Officer DeNapoli would be exempt from state laws that strictly limit the earnings he could make from a new occupation. This is a unique benefit not found in any previously passed, enhanced disability pension, other than Somerville’s.

 

Upon reaching 65, when Officer DeNapoli would have retired anyway under department requirements, his disability pension will revert to 80 percent of his salary at that time – income also exempt from state and federal taxes.

 

I also must make it clear that the City has been paying Officer DeNapoli 100% of his salary on a tax-free basis since the date of his injuries, has paid all his medical bills and obtained a $125,000 insurance settlement from our Insurance company on his behalf.

 

Overall, this is a generous and fair package, similar to the disability package recently approved by the Somerville City Council for Officer Oliveira, who was shot and seriously wounded responding to a crime scene; and also a recent package by the Lynn City Council for Officer LeBlanc, who was seriously injured responding to a crime scene.

 

The City Council amended the package on August 6, 2013, by proposing to continue the 100% disability payment after Officer DeNapoli turns 65 and returning the $86,000 annuity (the death benefit) in a lump sum.

 

Although I respect the City Council’s decision, I must veto the city council’s adopted order as amended regarding the Special Act Legislation for Officer DeNapoli.

 

Sincerely, s/Scott D. Galvin, Mayor

 

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

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PUBLIC HEARINGS: 

 

On the petition by 508 Main Street LLC, 508 Main Street, Woburn to amend the Zoning Map of the City of Woburn by amending the zoning district for the property identified on Assessors Map 43, Block 17, Lot 16 being the entire parcel of land known as 506 Main Street a/k/a 508 Main Street and 6-14 Hovey Street containing approximately 0.57 acres of land from the R-4/B-D zoning district to the B-D zoning district. PUBLIC HEARING OPENED. A communication dated August 27, 2013 was received from Attorney Joseph R. Tarby, III, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

 

Re: 508 Main Street LLC, Proposed Amendment to Zoning Map of the City of Woburn

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter presently scheduled for September 3, 2013 be continued to the City Council meeting on October 1, 2013. If you need any further information, please contact me. Thank you.

 

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

 

IN FAVOR: None. OPPOSED: Karen Cullinane, 2 Spring Street stated that she resides at the intersection of Spring Street and Hovey Street, that she does not know what the petitioner’s plans are for the property, that there was recently construction on the street that involved jackhammers and this activity cracked the utility lines on the street, that this type of construction work should not be permitted in the area, and that there are no plans on which she can comment. Joanne Gorassi, 19½ Hovey Street stated that she is concerned about heavy construction work in the area, that parking for the residents of the building will be an issue, and that she is opposed to the proposal. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 1, 2013, all in favor 9-0.

 

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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 August 21, 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 Dave & Buster’s of Massachusetts, Inc., Lot A, 275 Mishawum Road, Woburn, Massachusetts

 

Dear Mr. Campbell:

 

I respectfully request that the City Council public hearing on this matter presently scheduled for September 3, 2013 be continued to the City Council meeting on October 1, 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 OCTOBER 1, 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 Warnick Associates, Inc., 151 Main Street, Suite 1, Salem, New Hampshire 03079 for a special permit pursuant to Section 5.1.41 of the 1985 Woburn Zoning Ordinances, as amended, to allow research and testing laboratory to occupy existing condo space at Unit #13, 5 Crescent Avenue. PUBLIC HEARING OPENED. A report was received from the Committee on Special Permit as follows: “back for action.” Appearing for the petitioner was Stephen DeConto, Coldwell Banker, 3 Church Street, Winchester, Massachusetts and he stated that the petitioner received the list of proposed conditions, that these conditions are a compilation of the work done on this project with the various boards and departments of the city, that the petitioner has no objections to the conditions, and tht the petitioner will provide the detail list of substances as required in Condition 11 before the occupancy permit issues. Jifeng Liu of Aberjona Laboratories, Inc. stated that he accepts the proposed conditions. 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. Special Permit is issued to Aberjona Laboratories, Inc. and is not transferable. 
  2. Hours of operation Monday – Saturday 7:00 a.m. to 7:00 p.m.
  3. Ventilation system to be installed following all Federal/State Guidelines.
  4. The ventilation system plan of record is attached and submitted to the Council (see attached).
  5. A plan for waste disposal shall be provided to the council prior to the issuance of an occupancy permit.
  6. Subject to approval by the Fire Department, Health Inspector and Building Department.
  7. All chemical materials will be stored in appropriate storage cabinet and OSHA guidelines followed.
  8. Flammable storage permit issued by the City of Woburn prior to occupancy.
  9. No use of biologics, human or animal vectors.
  10. Permit shall be reviewed one (1) year from issuance by Special Permit Committee.
  11. A detailed list of all substances to be used at the site will be provided prior to the issuance of an occupancy permit.

 

8 in favor, 1 opposed (Drapeau opposed).

 

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On the petition by 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. Appearing for the petitioner was Attorney Malcolm Houck, 7 Winn Street, Woburn, Massachusetts 01801 and he stated that the petitioner seeks to modify a special permit, that the petitioner has repaired and enhanced the property, that the petitioner has renovated the interior office space, that covers for the storage bins have been ordered, that the petitioner is not permitted to install pipes for a fence into the ground, that the petitioner will use the existing curb stops to erect the fence, that the principal change is a barrier fencing perpendicular to New Boston Street for the security of the equipment and materials on site, that the petitioner requests that the revised plan be incorporated into the revised special permit, that the petitioner has registered sixteen motor vehicles in the city to date as required by the special permit, that additional vehicles will be registered in the city, that the height of the fence is not on the plan as the construction of the fence will affect the height of the fence, that the fence cannot be set in the ground, and that the diesel tank is a double wall tank to prevent leaks, and that the petitioner has some equipment that requires propane. Attorney Houck offered a letter dated September 3, 2013 from John Baldasaro, President of Asphalt Services Inc. relative to improvements made at 210 New Boston Street for the City Council to review. Motion made and 2nd that the communication be received and made part of the record, all in favor, 9-0. Attorney Houck offered photographs of the current conditions at the locus. Motion made and 2nd that the photographs be received and made part of the record, all in favor, 9-0. Attorney Houck offered a photograph of tent storage for the City Council to review. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. Attorney Houck offered a photograph of the fence detail to the City Council for review. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. John Baldasaro, President of Asphalt Services Inc. stated that some of the equipment is removed to off-site job locations and does not return to the locus for a  year, that he will submit a letter to the City Council listing the equipment on-site, that the fence can only be installed in the cement block, that the fence is five feet in height but when installed in the top of the barriers the fence will be eight feet in height, that there are plans to paint the exterior of the building by January 2014 if the weather is favorable otherwise by May 2014, improvements will be made to the landscaping, that there are no tenants at the locus yet, that the diesel tank is approximately 500 to 1,000 gallons, that the Fire Department approves the diesel tank if this special permit is approved by the City Council, that the propane tank will be retained on the locus, that he spoke to an Environmental Protection Agency representative, and that EPA representative stated that no digging would be permitted at the locus and suggested the installation of the fence on the Jersey barrier. Alderman Raymond stated that he wants a list of the equipment on the locus so that when he is asked he can inform his constituents, and he requested that the petitioner provide a letter to the City Council listing the equipment and trucks on the locus. Alderman Anderson stated that he believes that the height of the fence is limited to eight feet under the zoning code. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE CITY COUNCIL REGULAR MEETING ON OCTOBER 22, 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 Maggiore Construction, 13 Wheeling Avenue, Woburn, Massachusetts 01801 for a special permit to modify a special permit by modifying the site plan of record to include a single story 24 foot by 17 foot addition to the existing building for living room space, modifying the landscape plan by relocating existing landscape materials to perimeter of the proposed addition at Lot A, 859 Main Street. PUBLIC HEARING OPENED. Appearing for the petitioner was Paul Maggiore, 13 Wheeling Avenue, Woburn and he stated that the facility requires additional space for the residents to meet in a common area setting, that the plantings and materials used will be the same as for the original building, that the addition will not be visible from Main Street, that all entrances to the facility are locked, that the proposed area will not be used by the residents until completed, that he expects the construction phase to last six weeks, that once the facility was operating the operator believed that more common area space was necessary for the residents, that this will be a one-story addition, and that a two-story addition would not work well on the site. Mr. Maggiore offered a schematic and additional 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. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 1, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON SPECIAL PERMITS, all in favor 9-0.

 

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Motion made and 2nd that the public hearing on the next two matters be held collectively, 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 August 6, 2103 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Lindquist Realty Trust – Zoning Map Change – To amend the Zoning Map of the City of Woburn by changing the zoning district for the entire parcel of land known as 320 Salem Street, containing approximately 4.43 acres of land as shown on the City of Woburn Tax Map 32, Block 04, Lot 01 from the R-1 zoning district to the R-3 zoning district.

 

Dear Mr. Campbell and members of the City Council:

 

At the Planning Board meeting held on August 6, 2013, the Planning Board voted to send a favorable recommendation to the City Council for the Zoning Map Amendment to change the zoning of the property at 320 Salem Street from R-1 to R-3 subject to the establishment of a covenant which limits the use of the property to single family homes and extended care facilities only.

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

Appearing for the petitioner was Attorney Mark Vaughan, Riemer and Braunstein, 7 New England Executive Park, 11th Floor, Burlington, Massachusetts 01803 and he stated that the property is located at 320 Salem Street, that the locus has frontage on Cedar Street, Salem Street and Washington Street, that there is currently a single family home and ancillary buildings on the locus, that the existing home would be retained on the locus which will preserve the residential context of the neighborhood with single family residences across the street, that the proposed use is a compatible use as a residential neighbor, that there will be a curb cut on Cedar Street to the facility which will prevent further curb cuts on Salem Street or Washington Street, that the petitioner proposes a zoning map amendment and three zoning text amendments, that the definition of an “extended care facility” is amended, that the other two changes mirror the Intergenerational Overlay District relative to the height of 42 feet or three stories and the parking ratio of .5 parking spaces per unit plus one parking space for every ten units, that the Planning Board voted four opposed and three in favor relative to the parking issue, that the petitioner has conducted parking studies of other Benchmark facilities, that the petitioner determined that there is a .56 parking utilization maximum at peak times, that the petitioner now proposes to increase the ratio to .7 parking spaces per unit plus one parking space for every ten units, that there will be more than sufficient parking for the facility, that from a planning perspective the proposal makes sense, that it would be difficult to find another use that will have such a minimal impact, that there is no increase in traffic and the proposed use is an off-peak use, that there will be no school age residents, that there will be tax benefits to the city, that the building will be residential in character, that the proposed use will generate very little traffic during the day compared to other uses, that if these zoning amendments are approved the petitioner would then have to obtain a special permit during which process more details of the proposed facility would be provided, that the petitioner will provide a covenant which would restrict the use of the land to a single family residential or assisted living use, that both Benchmark and Lindquist would signs the covenant relative to the single family and assisted living restrictions, that as to the previous proposal for a  Nsimilar facility that was to be located on Main Street in North Woburn another developer was going to build a facility and the petitioner was going to operate the facility, that the North Woburn project was proposed prior to the recession, that Benchmark as did many investors had a difficult time obtaining financing at the time for that project, that economic conditions have changed, that the petitioner has financing in place for this proposal, that the proposed restrictive covenant is similar to what was used for the Woburn Armory site, that he believes that the restrictive covenant would be valid for more than 25 years but that he will review this and advise, that a definitive subdivision plan was not prepared for the locus, that a development with a cul-de-sac on Washington Street opposite Carlena Terrace may accommodate eight single family housing lots, that an ANR plan could be prepared accommodating ten single family house lots facing all three streets with turnaround driveways with a resulting twenty curb cuts, that ten units may not generate as much traffic as an assisted living facility but there would be more curb cuts, that there were many projects at the earlier time when a facility was proposed in North Woburn that had difficulty moving forward and many projects at that time did not move forward, and that this zoning proposal does not occur in a vacuum and the petitioner will present a conceptual view of the planned facility. Lee Bloom, Senior Director of Development, Benchmark Senior Living stated that the company was established in 1997 and has 47 communities serving 4,000 residents, that the proposal is a 4½ acre site serving 87 residents, that the Lindquist family has owned the property since 1818, that the residential structure will remain on the locus, that there are three shifts for employees from 7:00 a.m. to 3:00 p.m., 3:00 p.m. to 11:00 p.m. and 11:00 p.m, to 7:00 a.m., that there are 25 to 30 employees in the largest shift which is 7:00 a.m. to 3:00 p.m., that the facility will provide tax revenue to the city, that the residents do not drive and will not have vehicles, that residents of their facilities generally come from an area three to five miles from the facility, that there is no regulation of tenant vehicles, that residents are under constant supervision and the average age is 88 years, that there is no regulation of resident vehicles, that if a resident has a driver’s license and a vehicle then there could be a vehicle on site, that in theory each resident could have a vehicle but out of the 47 communities they operate there are likely no more than five residents who have vehicles, that he would not expect more than one or two resident vehicles at the property but it is usually emotional and the vehicle does not move from the locus, that the parking spaces are mostly staff and visitors use, that two ambulance of emergency calls per week is the average although this could be higher or lower on any given week, that an assisted living facility can be built of a wood frame structure however the petitioner builds to I2 level, that this is based on tenants ability to self-evacuate, that ten years ago the average age of residents was 80 years and the average age is now 88 years, that the average stay is two years, that some of the facilities located nearby are located in Waltham, Newton, Chelmsford, Haverhill and Billerica, that the capacity of the proposed facility is 104 residents, that there are sinks and microwave ovens in the units but none in the memory care units, that meals are served in a common room, that the proposal is a prototype facility of 87 living units, that many of the facilities have 87 living units, that this size works well for staffing and efficiency as well as for the tenants, that some of their facilities have independent living units, that often children as caregivers are making decisions for the residents, that the majority of residents come from three to five miles of their former residence, that the petitioner does not build a facility within five mile of another facility, that typical employees on site are personal care attendants, a chef, wait staff and kitchen staff, that there is a mix of full-time and part-time employees, that deliveries of supplies to the facility are arranged for appropriate times based on neighborhood factors, that there are many visitors on Mother’s Day and other holidays, and that there is little traffic most remaining days. Brian Jones, Allen & Major Associates, 100 Commerce Way, Woburn, Massachusetts 01801 stated that he is a registered professional engineer, that the entrance to the locus will be from Cedar Street, that there is a grade change from 80 feet at the Cedar Street and Washington Street intersection dropping to 50 feet at the Cedar Street and Salem Street intersection, that the building will start at 72 feet which has the first level eight feet below Washington Street, that the substantial buffer along Cedar Street will remain due to the location of Schneider Brook, that there will be a 100 foot undisturbed buffer along Salem Street, that evergreens will be installed along Washington Street, that the utilities will come off Cedar Street, the electric will be underground service, and that there will be bollard lights on site on a residential scale. Mark Moeller, JSA Inc. Architects, 273 Corporate Drive, Portsmouth, New Hampshire 03801 stated that three floor plans have been prepared, that the second and third floor will be virtually identical, that there will be twenty memory care units on the first floor and as somewhat different layout than the other two floors, that the twenty memory care units are secure, that the first floor will also have seven assisted living units, a common lobby, a bistro for residents and back of house components, that the second and third floor do not have common area amenities and the space is used for living units, that the building will be three stories with a pitched roof, that the building will have a pitched roof with a connecting slope to minimize the mass of the building, that the petitioner will retain the wooded site, that the finished floor elevation of the building will be eight feet below Washington Street which in essence buries the first floor behind the single family existing house on Washington Street, that there will be a dense vegetative screen along the backside looking from Washington Street, that there are twenty memory care units and six of those units are companion units with a total capacity of 26 residents, that there are also fourteen two-bedroom units possible within the facility, and that there are no cooking facilities in the units. Alderman Mercer-Bruen stated that the petitioner met with the neighbors, that notices were sent out to 300 direct abutters, that she attended two of the neighborhood meetings, that she is willing to listen to the particulars of the project, that the proposed use may be long-term protection in view of what could potentially be developed at this site, that she does not think that the locus will ever be developed as single family property, that she would like demonstration balloons at the site to see how high the building will be, that she is concerned that the petitioner pursued a location in North Woburn which was subsequently abandoned, that she is concerned about the future development of the locus, that the locus faces condominium developments, an office park and single family residences, that it is more likely that the locus will be developed for condominium uses, and that based on personal experience there are very few visitors to these facilities. Alderman Raymond stated that the City Council spent two years between the zoning amendment and special permit process for a proposed North Woburn project by the petitioner, that there is a definite need for the use in the community, and that people parking at the Monarch facility in North Woburn are often construction workers working on the adjoining site or attending church. Alderman Anderson stated that one of the most compelling uses to approve a zoning change for is for assisted living and memory care. Alderman Gately stated that the City Council worked to amend the zoning code for property in North Woburn to allow the petitioner to locate there and despite all the work the project never went forward, that the petitioner could not have decided on a worse location for the proposed facility in terms of traffic, that no traffic report ever submitted with a petition shows an impact on traffic with a new development, and that there is no place for vehicles to park if more than seventy vehicles are on site for a particular event. IN FAVOR: Michael Stima, 44 Elm Avenue stated that the proposal is a good deal for the property owner, that the project will not impact the traffic in the area, and that the proposal will be a good project moving forward. Robert Brady, 12 Carlena Terrace stated that he is in favor of the project. John Beauchamp, 224 School Street stated that traffic, parking and density in the zoning are concerns, that the traffic impact will be miniscule, that the project will have mitigation, that traffic in the area can be mitigated, that it is not clear that 70 parking spaces will be adequate some days, that there cannot be enough elderly housing, that there will be a need for this use by nearly everyone, that large projects have been constructed in this area over the past thirty years, that if done correctly this project will be beneficial for the city, that the traffic problems in the area go back longer than the last fifteen years, that this project will not exacerbate the traffic issues, and that he supports the project. John Farino, 353 Salem Street stated that this will be a good project is it remains as presented, that the City Council should seek mitigation funds for traffic improvements, and that there will be minimal traffic. OPPOSED: Stephen Spanos, 270 Washington Street stated that the petitioner has not looked at the impact of a single family subdivision at the locus, that eight to ten single family houses with two vehicles each will have less impact than a facility with 64 employees traveling in and out from the locus each day and with residents being brought in and out of the facility, that screening will not help with noise from the dumpsters being emptied, that mitigation will not help unless the roadways in that area are widened to two lanes, that no developer would develop the locus with multiple curb cuts but would instead install an access road, that the average stay is two years, that the facility is a place where people move to die, that if a visitor needs to park they will find a parking space even if the parking lot is full, that the project does not meet the standards of the zoning ordinance, that the property is in the R-1 zoning district and there is no need for rezoning the property, that this proposal is nothing more than the landowner’s desire to maximize the sale price of the locus, and that the landowner is retaining the single family house on the property and will not allow a Chapter 40B project at the locus if the landowner intends to continue to live at the property. Philip Spanos, 270 Washington Street stated that this area of the city has been dismantled with the development in the area, that single family houses are a better option than the proposed project, that the parking lot will have to be plowed which will cause noise, and that the dumpster will be emptied and the noise will disturb the neighbors. Yuri Butner, 305 Salem Street #212 stated that the proposal is not a residential use, that the proposal is a business and commercial use, that there will be peak hours when there will be many vehicles at the locus, that at times three or four vehicles will arrive with family members visiting one resident, that the intersection needs to be improved, and that he opposes the project. Joseph Bellofatto, 295 Salem Street #37 stated that it is difficult to get in and out of Salem Place because of the traffic, that he would never have moved into Salem Place if he knew how much traffic travels on Salem Street, and that he wants to know how many of the petitioner’s facilities are located in high density areas. Attorney Geoffrey Curtis, 8 Cedar Street #55 stated that he is a unit owner in the Chestnut Green complex, that unlike the downtown area where residences, restaurants and commercial uses are consolidated in this area of town it is more difficult, that just to get to the retail uses in the nearby office park takes considerable time and effort due to the traffic, that Chestnut Green is a transitional use from the office park to the residential uses, that the proposed use is not a transitional building but a move to a big box type of use, that many of these type of residences such as the Tidd House and the Arnold House are smaller and are transitional, that if there are 30 employees leaving and arriving at a shift change then there is an overlap and the facility will already be at peak parking use, that these facilities are very active with medical personnel, entertainers, family lawyers and family members coming and going to the facility, that vehicles traveling from Washington Street to Cedar Street will be backed up at the intersection as vehicles will be entering and exiting the locus at the proposed driveway on Cedar Street, and that Cedar Street may be the lesser of evils for entrance to the locus but this needs additional consideration. Michael Concannon, 1 Rose Farm Lane stated that there is a benefit of assisted living facilities for area residents however the City Council must consider the impact of locating this facility in this congested area of town. James Doherty, 11 Carlena Terrace stated that he has lived at the property for 25 years, that he has watched considerable development in his direct neighborhood, that he opposed the construction of this proposed three-story facility at the end of his street, that the petitioner’s home will not remain forever and only time will tell as to how the rest of the locus will be developed, and that the single family use is more desirable. Albert Lanni, 4 Carlena Terrace stated that he has been a resident at his home for 41 years, that he has family members who reside in a nursing home, that when there is a large event the visitors park on neighboring streets, that the nearby Elks facility increased their parking lot years ago to relieve the congestion in the neighborhoods during large events, that when traveling on Salem Street to Washington Street there is a prohibition against taking a left hand turn at the intersection, that the construction phase will result in construction trucks parking on the street or hindering traffic, that there will be increased noise at the facility, and that the neighborhood does not need more traffic, more noise and another eyesore to look. A communication dated September 3, 2013 was received from Attorney Mark J. Salvati, 10 Cedar Street, Suite 26 in which he expressed concern about parking and traffic with respect to the proposed use. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 22, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, 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 August 6, 2013 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

 

Re: Lindquist Realty Trust – Zoning Ordinance Amendment – 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 be 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.”.

 

Dear Mr. Campbell and members of the City Council:

                                                                                               

At the Planning Board meeting held on August 6, 2013, the Planning Board voted to send a favorable recommendation to the City Council regarding Zoning Ordinance Amendment 1. 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 be added: “and Assisted Living residences”.

 

In addition, the Planning Board voted to send a favorable recommendation to the City Council regarding Zoning Ordinance Amendment 2. as modified to now read: to revise 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; Assisted Living residences located in the R-2, R-3, R-4, B-H, B-I, and S-1 zoning districts shall have a Minimum lot area of 1 acre; a Minimum Lot frontage of 125 feet; a Minimum side yard setback of 25 feet; a Minimum rear yard Setback of 30 feet; and that the maximum number of residential units shall be not more than 1 bedroom per 1,000 square feet of gross lot area not including the area assigned to rivers or canals that may be on the lot and that an Alzheimer room/bed shall be construed to be a bedroom.”

 

Finally, the Planning Board voted to send an unfavorable recommendation to the City Council regarding Zoning Ordinance Amendment 3. 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.”

 

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

 

Sincerely, s/Edmund P. Tarallo, Planning Director

 

SEE RECORD NOTES FROM PRECEDING HEARING. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 22, 2013 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor, 9-0.

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CITIZEN’S PARTICIPATION:  None.

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COMMITTEE REPORTS:

 

ORDINANCE:

 

On the Order to amend 1989 Woburn Municipal Code, as amended, Title 5 by inserting a new Article III entitled Secondhand Dealers and Secondhand Collectors, 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: September 6, 2013        s/Scott D. Galvin September 6, 2013

 

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On the Order to amend 1989 Woburn Municipal Code, as amended, Title 2, Article XXVIII, Section 2-192(2) relative to longevity for non-union employees, 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: September 6, 2013        s/Scott D. Galvin September 6, 2013

 

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INFRASTRUCTURE AND PUBLIC LANDS:

 

On the proposed Easement Agreement by and between Main Street Woburn RX, LLC as Grantor and the City of Woburn as Grantee for the property located at 891 Main Street, 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: September 6, 2013      s/Scott D. Galvin September 12, 2013

 

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On the proposed Conservation Easement and Restriction received from Brian E. Harrington of 124 Lawrence Street, Medford, Massachusetts 02155 and Brad M. Harrington of 6 Union Street, Derry, New Hampshire, owners of the property shown as Lot 1 on a plan entitled “Plan of Land at 15 Third Road”, and recorded in the Middlesex South District Registry of Deeds as Plan 35 of 2001, 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 certain parcel of land consisting of approximately 12,819 square feet of land, more or less, as being more particularly described in Plan No. 00000544 of 2013 in Book 2013, Plan No. 00000544 Exhibit A attached hereto and shown as “Conservation Restriction Area” on a plan of land in Woburn, Massachusetts, for Grantors’ title see deed recorded in said Registry at Book 25321, Page 465, committee report was received “back for action”. Motion made and 2nd that the CONSERVATION RESTRICTION be ACCEPTED, all in favor, 9-0.

Presented to the Mayor: September 6, 2013        s/Scott D. Galvin September 6, 2013

 

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PUBLIC SAFETY AND LICENSES:

 

On the request to transfer an Inflammable License from Stanley Stedman, Trustee of 470 Wildwood Realty Trust to Alexander Machine & Tool Co., Inc. to allow above ground storage of 665 gallons solvents, Class I, II & III containers at 470 Wildwood Street, 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 September 6, 2013 and ten days having elapsed without same being approved, said License became effective without his signature on September 17, 2013.

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NEW PETITIONS:

 

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

 

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

 

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Petition by Woburn Agricultural Commission, 41 Wyman Street, Woburn, Massachusetts 01801 for a special event permit to allow Oktoberfest event at Spence Farm, 41 Wyman Street on October 5, 2013. Motion made and 2nd that the SPECIAL EVENT PERMIT be GRANTED pending receipt of proof of liability insurance, all in favor, 9-0.

Presented to the Mayor: September 6, 2013        s/Scott D. Galvin September 6, 2013

 

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A Conservation Easement and Restriction was received from Woburn Golf and Ski Authority, 5 Country Club Road, Woburn, Massachusetts 01801 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 located in the City of Woburn constituting 8.27 acres and more particularly described in Exhibit A and attached plan/sketch plan. 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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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. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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

 

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

 

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

 

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

 

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

 

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Petition by Seaver Properties LLC, 215 Lexington Street, Woburn, Massachusetts 01801 for a special permit 1985 Woburn Zoning Ordinances, as amended, Sections 25E.(c) and (d) and E.3 UMS District to allow for fifty-seven (57) residential units (elevator apartments) with an accessory clubhouse at 1071R Main Street and Virginia Avenue. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

 

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

 

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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:

 

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

 

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

 

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

 

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

 

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

 

  1.                    iii.      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.

 

c)      The parking facility shall comply with the requirements of Section 8.4, 8.5 and 8.6; and

 

d)     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.

 

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 August 29, 2013 with attachment was received from Treasurer/Collector Timothy Donovan as follows:

 

To President Denaro and City Councilors:

 

As Treasurer/Collector for the City of Woburn, I wish to present to you the City of Woburn Investment Policy Statement for review and consideration for approval by the City Council.

 

If there should be any questions or additional information requested, please feel free to contact me at your earliest convenience.

 

Sincerely, s/Timothy Donovan, Treasurer/Collector

 

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

 

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A communication dated August 16, 2013 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 July 2013: number of parking violations issued 504, number of violations paid 259, number of violations outstanding 180, amount collected and submitted to the Office of the Collector $27,936.60. There exists a backlog of 6069 for 1982 through 2012. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $5,600.00.

 

Respectfully submitted, s/Charles L. O’Connor, Parking Clerk 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 copy communication dated August 23, 2013 to His Honor the Mayor Scott D. Galvin was received from Paul Stedman, Acting District Highway Director, MassDOT, 519 Appleton Street, Arlington, Massachusetts 02476 advising that road resurfacing, upgrading and replacement of guardrails, and rebuilding of drainage structures has been approved for the section of I-93 in Woburn. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

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UNFINISHED BUSINESS OF PRECEDING MEETING: 

 

Petition by 10 Presidential Way Associates, LLC, 10 Presidential Way, Woburn, Massachusetts 01801 for a special permit with any dimensional relief as may be required pursuant to Sections 5.1.80a, 5.6, 6 and 11 of the 1989 Woburn Zoning Ordinances, as amended, to establish a telecommunications facility to be used for education, training and transmission of secure data at 10 Presidential Way. Motion and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

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APPOINTMENTS AND ELECTIONS: 

 

A communication dated August 21, 2013 was received from His Honor the Mayor Scott D. Galvin as follows:

 

Dear City Clerk Campbell:

 

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Kelly Mustone, 2 Ashburton Avenue, to the Woburn Handicapped and Disabled Citizens Committee, with a three year term to expire March 2, 2016. Ms. Mustone fills the seat of MaryAnn Chorlton, whose term has expired.

 

Respectfully, s/Scott D. Galvin, Mayor

 

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

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MOTIONS, ORDERS AND RESOLUTIONS:

 

ORDERED     That the Committee on Infrastructure and Public Lands meet to receive an update on the water meter program, and the cleaning and relining of water lines and sewer improvements on Main Street from the Mayor, Superintendent of Public Works and City Engineer.

 

                                                                        s/Alderman Gately

 

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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ORDERED     Due to the Municipal Preliminary Election to be held on September 17, 2013 and the Municipal Election to be held on November 5, 2013, both City Council Regular Meetings scheduled for those days are canceled.

 

                                                                        s/President Denaro

 

Motion made and 2nd that the ORDER be ADOPTED, AS AMENDED with the amendment as follows: “That the Regular Meeting scheduled for October 15, 2013 be rescheduled for October 22, 2013”, all in favor, 9-0.

 

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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 Primary Elections to assemble at the polling places in their respective wards as designated herein, on TUESDAY, the FIFTEENTH OF OCTOBER, 2013 from 7:00 a.m. to 8:00 p.m., then and there to cast their votes in the Special State Primary Election for the candidates of the political parties DEMOCRATIC AND REPUBLICAN 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: September 6, 2013        s/Scott D. Galvin September 6, 2013

 

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ORDERED     Whereas, there presently exists a structure or structures located in the City of Woburn, Massachusetts known and numbered as 141-143 Main Street; and

 

Whereas, at the said building or buildings the exterior grounds have overgrown brush and an accumulation of trash on the decks and porches,  the property is generally not being properly maintained and there is excessive parking on the locus and adjoining streets;

 

Now, Therefore, Be It Ordered by the City Council of the City of Woburn that the City Clerk and Clerk of the City Council schedule a public hearing pursuant to Mass. General Laws Ch. 139, Sec. 1, et. seq., and give notice thereof to the owner of said building or buildings, said hearing to be conducted for the purposes of determining whether said building or buildings are a nuisance, a nuisance to the neighborhood, dilapidated or dangerous building or buildings or other structure or structures, as said terms are used in Mass. General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation.

 

                                                                        s/Alderman Gately

 

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

Presented to the Mayor September 6, 2013 and ten days having elapsed without same being approved, said Order became effective without his signature on September 17, 2013.

 

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ORDERED     Be it ordained by the City Council of the City of Woburn that Article II of the 1989 Woburn Municipal Code, as amended, as follows:

 

  1. By striking the word “Untitled” in Article II and replacing same with the title “Environmental Tobacco Smoke Ordinance”; and

 

  1. By inserting in Section 8-6B(B) in the correct alphabetical order the following definition:

 

“Electronic Cigarette: An electronic cigarette (or e-cigarette), personal vaporizer (PV), or electronic nicotine delivery system (ENDS) is an electronic inhaler meant to simulate and substitute for tobacco smoking.”; and

 

  1. By amending the definition for “Smoking” in Section 8-6B(B) by inserting the words “electronic cigarette” after the word “cigarette,” and before the words “or other tobacco product” so that the section reads as follows:

 

“Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, electronic cigarette or other tobacco product in any form.”

 

  1. By amending Section 8-6B(D) by adding the words “, including electronic cigarettes” after the word “smoke” in two places in the first sentence of the first paragraph and after the word “smoke” in the first sentence of the second paragraph so that the section reads as follows:

 

“No person shall smoke, including electronic cigarettes, nor shall any person, employer, or other person having control of the premises upon which smoking is prohibited by this ordinance, or the agent or designee of such person, permit a person to smoke, including electronic cigarettes, in any of the following places as defined herein: health care facilities, public places, public transportation, retail food stores, restaurants and retail stores except as otherwise provided in Paragraph E of this ordinance.

 

“Additionally, no person shall smoke, including electronic cigarettes, in any place in which a sign conforming to the requirements of Paragraph C of this ordinance is posted. No person shall remove a sign posted under the authority of Paragraph C of this ordinance.”

                                               

                                                                        s/Alderman Haggerty

 

Alderman Haggerty stated that other communities are having difficulties with these smoking devices in places like libraries and government buildings, that Woburn has been in the forefront of banning smoking in public buildings, and that smoking should be kept outside the public buildings. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON ORDINANCES, all in favor, 9-0.

 

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ORDERED     Be it Ordained by the City Council of the City of Woburn that Section 5.1 – Table of Use Regulations of the 1985 Zoning Ordinances, as amended, be further amended by deleting in its entirety line 75, Carnival and/or Traveling Enterprises; by deleting the corresponding Note 14; and by renumbering the following lines and notes accordingly.

 

                                                                        s/Alderman Anderson

 

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

 

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ORDERED     Be it Ordained by the City Council of the City of Woburn that the 1985 Zoning Ordinances, as amended, be further amended by deleting in its entirety Section 8.3, Locations of Required Off Street Parking Facilities Required off street parking facilities shall be provided on the same lot with the principal one used, except as follows:, and by inserting in its place the following:

 

8.3 Off Street Parking Facilities Required

 

Off street parking facilities shall be provided on the same lot with the principal use, except that within any R3, R4, Business, Mixed Use, Industrial, or Office Park district, the City Council by Special Permit may allow the parking facility requirements to be met on a lot separate from the use to be served, if such facilities are located within five hundred (500) ft. of the use, and if the City Council finds that suitable arrangements, such as ownership, long term lease or easement, have been made to assure the permanent provision of the parking facilities.

 

s/Alderman Anderson

 

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

 

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ORDERED     Be it Ordained by the City Council of the City of Woburn that Section 7.3 Extension of Alteration of Nonconforming Uses, of the 1985 Zoning Ordinances, as amended, be further amended by deleting therefrom the second sentence of the second paragraph, so that the paragraph will read as follows:

 

Pre-existing non-conforming structures or uses shall not be extended or altered unless the petitioner provides proof that the pre-existing non-conforming structure or use was validly and legally established.

 

s/Alderman Anderson

 

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

_________________________

 

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 9:22 p.m.

 

A TRUE RECORD ATTEST:

 

           

                                                                       

                                                                        William C. Campbell

                                                            City Clerk and Clerk of the City Council

 

 

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