CITY OF WOBURN SEPTEMBER 1, 2009 - 7:30 P.M. REGULAR MEETING OF THE CITY COUNCIL

Roll Call

Denaro Gonsalves Drapeau Mercer-Bruen Galvin Raymond Gately Wall Doherty ______

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

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

COMMITTEE REPORTS:

FINANCE:

On the Order to appropriate the sum of $26,500,000.00 for the construction, equipping and furnishing of a new elementary school on the site of the present Goodyear Elementary School at 41 Orange Street, committee report was received “ought to pass.” Attached to the committee report was a communication from Mark Donovan, Superintendent of Schools, Woburn Public Schools, as follows:

Dear President Doherty:

At the August 31, 2009 School Committee meeting, the School Committee unanimously approved the following motion:

It is the intent of the School Committee at this time to reaffirm it’s support of the school building plan, which called for the closure of the Clapp Elementary School following the completion and the availability for occupation of the new Goodyear Elementary School. Once closed the Clapp Elementary School site would be turned over to the City of Woburn.

Sincerely, s/Mark Donovan, Superintendent of Schools

Alderman Galvin stated that he supports the new school but that housing two schools at the Clapp School site is not a good place, that it is a waste of money, and that he asks that the appropriation be amended by the amount of money already appropriated for the Clapp School site. Alderman Mercer-Bruen stated that the bond agent was clear about the benefit of appropriating the full balance, that it is not money that will be spent again, and that this will help with the Stabilization Account. Alderman Galvin stated that this money will be spent again. President Doherty stated that the $900,000.00 appropriated for the portables is reimbursable. Alderman Galvin stated that the money appropriated for the portables is not reimbursable. Alderman Mercer-Bruen stated that the demolition is reimbursable. Alderman Drapeau stated that if the $1,175,000.00 is left in the bond amount the city will be borrowing money that has already been spent, that if the money is left in this appropriation it can be bonded and placed back in the Stabilization Account, and that if it is taken out the money has already been spent. Mayor McLaughlin stated that the money can be recouped by the bonding process. Motion made and 2nd that the Order be amended by reducing the total amount of the bond authorization by $1,175,000.00 which was appropriated for the portable units and for razing the Clapp School building, ROLL CALL: Denaro – No, Drapeau – No, Galvin – Yes, Gately – No, Gonsalves – No, Mercer-Bruen – No, Raymond – No, Wall – No, Doherty – No, Motion Fails. Motion made and 2nd that the ORDER be ADOPTED, ROLL CALL: Denaro – Yes, Drapeau – Yes, Galvin – Yes, Gately – Yes, Gonsalves – Yes, Mercer-Bruen – Yes, Raymond – Yes, Wall – Yes, Doherty – Yes, Motion Passes. Presented to the Mayor: September 4, 2009 s/Thomas L. McLaughlin Sept. 10, 2009

************************* On the Order to authorize the Department of Public Works to utilize a Departmental Revolving Fund under M.G.L. Chap. 44, Section 53 ½ to be known as the “Liberty Elm Tree Revolving Fund”, 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 4, 2009 s/Thomas L. McLaughlin Sept. 10, 2009

************************* ORDERED That the sum of $550,000.00 be and is hereby appropriated as so stated from Stabilization Fund Acct #704059-596100 $550,000.00 to Demolition of Clapp School Acct #704058-585000 $550,000.00

I hereby approve the above: s/Thomas L. McLaughlin, Mayor I have reviewed the above: s/Gerald W. Surette, City Auditor

s/President Doherty (per request)

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0. ************************* RESOLVED That the Liaison Committee meet with representatives of National Grid to discuss the emergency work they completed on Mayflower Road and the resulting condition of the street. s/Alderman Gonsalves and President Doherty

Motion made and 2nd that the RESOLVE be ADOPTED, AS AMENDED, with the amendment as follows: That the Committee on Liaison also discuss the tearing up of the recently paved Senator Road and the continued gas leak on Senator Road which has not been resolved, all in favor, 9-0.

************************* RESOLVED That His Honor the Mayor instruct the Superintendent of the Department of Public Works to repave Country Club Road.

s/ President Doherty

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0. Presented to the Mayor: September 4, 2009 s/Thomas L. McLaughlin Sept. 10, 2009 with notation subject to funding

************************* RESOLVED That the City Engineer and Superintendent of Public Works take whatever steps are necessary to complete the sidewalks connecting Old Farm Road with Bedford Road. s/ President Doherty

Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0. Presented to the Mayor: September 4, 2009 s/Thomas L. McLaughlin Sept. 10, 2009 with notation subject to funding ______

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

MAYOR’S COMMUNICATIONS: None. ______

PUBLIC HEARINGS:

On the petition by Alderman Richard Gately concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 320 Main Street aka 286 Main Street, Woburn, Massachusetts, commonly referred to as the Woburn Armory, for the purposes of determining whether said structure or structures are a public nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or other structure, as said terms are used in Massachusetts General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation. PUBLIC HEARING OPENED. A copy of a communication dated August 26, 2009 to Alderman Gately was received from Mark LaLumiere, Building Inspector, Woburn Department of Inspection Services as follows:

Re: Woburn Armory – 320 Main St.

During a site visit on 8/14/09 running water was observed coming from under the retaining wall located along Myrtle St. The water had apparently been flowing for some time as a large 6” deep puddle had accumulated along the southern side (Myrtle St) of the property. It was reported to be a water line leak; which was subsequently repaired by the City’s Water Department. The retaining wall does appear to be listing over at the top. At that time, it was also determined that efforts had been made to prevent unauthorized entry into the building by physically securing entrance points. The structure does have numerous broken windows, which appear to have been caused by rocks being thrown at the structure. The majority of the broken windows have been patched from the interior with a few windows not secure at this time. A security screen located at the front of the building on the ground floor has either been removed or fallen off. The exterior brick parapet is in deplorable condition, with large sections of brick falling from the structure. This damage appears to have been caused by neglect and water (freeze/thaw). In two locations, enough of the parapet has fallen away that it has left large holes at the roof line, thus allowing the elements to further erode the existing structure. The overall condition of the brick façade at the rear of the structure is poor at best and is suffering from neglect. I have not been inside the structure.

On 8/26/09, another site visit was conducted, during this visit Mr. Coakley was on site preparing a list of material needed to secure the additional broken windows. We also walked the property, checking to make sure the structure was secure. Mr. Coakley was making arrangements to remove two barrels, an outdated auction sign and to reinstall the security screen. The front lawn of the property appeared to have been mowed recently and Mr. Coakley assured me that his landscapers would be at the property shortly to weedwack the overgrowth around the rear and sides.

Alderman Gately offered a proposed Order 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. Alderman Gately stated that the City Council has worked with the property owners for the past two months to keep the property safe and clean, that the owners have not done so, that the wants the property to be declared a nuisance, that the issues of concern are covered in the draft Order, that something must be done with the property, that he would be willing to have the Building Inspector and an independent structural engineer to inspect the building, that the matter could referred to the Committee on Liaison for discussion, that he believes if the building is demolished and the foundation is removed from the portion of the lot in the R-2 zoning district that this portion of the lot will revert to the R-2 zoning district, that the front of the building is protected by the Historical Commission but not the back portion of the lot, and that the back portion of the building is in worse condition. Alderman Mercer-Bruen stated that she was concerned about the construction that could take place if the property was declared a nuisance. Alderman Galvin stated that he would like to see the documentation accepted and made part of the record before the Order enters, and that the public hearing could be continued. Alderman Denaro stated that the City Council should consider the proposal to meet with the city to determine an alternative use or zoning amendment that would be beneficial, and that it should be made clear whether the whole property is being deemed a nuisance or only the rear portion of the building. IN FAVOR: Mark Sanborn, 12 Caulfield Road stated that he would like to see something done with the property, that nothing has been done, that the only time there is progress with the property is shortly before a hearing, and that the owner will not do anything with the property unless the City Council pushes them or the economy improves. Lisa Roach, 5 Myrtle Street stated that the property has become a nuisance, that there is little effort on the part of the owner to repair the property, that she is a direct abutter, that she would like to see the property maintained, that minor issues have not been addressed, and that Alderman Gately cleared overgrowth from the public sidewalk. OPPOSED: Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn stated that he just had the opportunity to review the proposed Order, that the applicable case law has been consulted as local ordinances do not define nuisance, that the property does not reach the level of nuisance, that the client will have to file an appeal, that there is a short appeal period of three days, that the landowner asks for inspection of the property next week by the Building Department, Alderman Gately, the landowner and a structural engineer at the site, that an outline of what needs to be done at the property should be developed, that the landowner requests that a committee be appointed with representation from the City Council, the Woburn Redevelopment Authority and the Mayor to determine if there was a use of the property or creative zoning that would allow the property to be developed in a manner favorable for the city. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 15, 2009 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON LIAISON, all in favor 9-0.

************************* On the petition by Alderman Scott Galvin concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 17-19 Franklin Street, Woburn, Massachusetts for the purposes of determining whether said structure or structures are a public nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or other structure, as said terms are used in Massachusetts General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation. PUBLIC HEARING OPENED. Alderman Galvin stated that Building Inspector Thomas Quinn is working on this issue, that the contact for repairs was approved, that the value of the work is not over the threshold to require another permit, that the building permit issued, that he wants to continue the matter for two months to ensure that the work is being done, and that the contractor is on site making immediate repairs such as tarping the roof. Alderman Galvin offered a letter dated August 31, 2009 from Building Inspector Thomas C. Quinn, Jr. 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. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON NOVEMBER 17, 2009, all in favor 9-0.

************************* On the petition by Quincy Woburn LLC, 66 Long Wharf, Boston, Massachusetts 02110 for a special permit pursuant to Sections 7.3 and 9 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the alteration of the existing alignment of a portion of Normac Road and the reconstruction thereof to allow for additional flood storage and drainage improvements within the Floodway and Flood Plain District at 31 Olympia Avenue, 15, 20 and 23 Normac Road. PUBLIC HEARING OPENED. A communication dated August 27, 2009 was received from Attorney Joseph R. Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

Re: Special Permit Petition of Quincy Woburn LLC, 31 Olympia Avenue, Woburn, MA

Dear Mr. Campbell:

As you know, this office represents Quincy Woburn LLC in connection with the above- referenced Special Permit Petition. Due to the fact that the Planning Board will not be reviewing this petition until its meeting scheduled for September 8, 2009, I respectfully request that the public hearing on this matter be continued to September 15, 2009. Thank you.

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

Appearing for the petitioner was Attorney Joseph Tarby and he stated that the matter will be before the Planning Board concerning a subdivision modification and this petition, and that the petitioner would prefer to resolve these issues before proceeding with this petition. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTMEBER 15, 2009, all in favor 9-0.

************************* Alderman Mercer-Bruen abstained from voting in the following matter in order to avoid a conflict and left the Council Chamber.

************************* On the petition by ACT Leasing Inc., 215 Salem Street, Woburn, Massachusetts 01801 for a special permit pursuant to Sections 5.1.45 and 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to allow for the sale or rental of automobiles, trucks, truck trailers and motorcycles at 215 Salem Street, Suite 10 and for a Second Class Motor Vehicle Sales License. PUBLIC HEARING OPENED. A copy of a communication dated August 3, 2009 to Edmund Tarallo, Planning Director was received from Brett F. Gonsalves, Senior Engineer, Engineering Department as follows:

Subject: 215 Salem Street Sale or Rental of Trucks, Truck Trailers and Motorcycles – Special Permit – Special Permit Application dated July 8, 2009 – Plot Plan Dated September 4, 1981

This office has reviewed the special permit application for the above referenced location and offers the following comments.

The applicant is seeking permission to sell automobiles, trucks, truck trailers and motorcycles at the above referenced location.

The special permit application does not indicate the number of vehicles that will be sold nor does the site plan show where the vehicles will be stored.

The application should show the number and location of the parking spaces that are being used for the associated use.

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

A communication dated August 5, 2009 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:

Re: ACT Leasing, Inc. – 215 Salem St. – To allow for the sale or rental of automobiles, trucks, truck trailers, and motorcycles pursuant to Sections 5.1.45 and Section 7.3

Dear Mr. Campbell and members of the City Council:

At the meeting held on August 4, 2009, the Planning Board voted to forward a favorable recommendation to the City Council on the Special Permit application of ACT Leasing, Inc., to allow for the sale or rental of automobiles, trucks, truck trailers, and motorcycles pursuant to Sections 5.1.45 and Section 7.3 regarding the property at 215 Salem Street, subject to the following conditions:

1. That no more than thirty vehicles shall be kept on site at any one time, and 2. That the vehicles shall be kept on the Wood Street side of the lot in the 16 spaces abutting Wood St., the 9 spaces abutting Salem St., and the last 5 spaces shall be in the aisle across from the 16 spaces closest to Salem St.

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

Sincerely, s/Edmund P. Tarallo, Planning Director

Appearing for the petitioner was Attorney Joseph R. Tarby, Murtha Cullina, LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 and he stated that the petitioner’s request for a Second Class Motor Vehicle Sales License is subject to availability of the license, that the locus contains approximately 5.05 acres of land, that the building was constructed in the 1970s, that the petitioner will use approximately 1,250 square feet of the building, that the petitioner is a full service automobile and small truck lessor, that the petitioner deals primarily with corporate clients, that the petitioner’s outside personnel solicit business at their customer’s locations, that these are generally thirty-six to sixty month leases, that 25% of the lease vehicles are returned and remarketed, that there will be no retail sales to the general public, that these long-term leases are signed at the petitioner’s customer’s location, that the petitioner secures a vehicle and the vehicle is delivered to the customer from the dealer of from the dealer to the petitioner and then to the customer, that a vehicle may remain on the petitioner’s lot for a day or two while the details are being worked out, that the petitioner asks that the special permit be approved and that the Second Class Motor Vehicle Sales License be continued, that the petitioner is currently operating under a 1993 special permit that allows leasing at the locus, that the petitioner is not comfortable that motor vehicles sales could take place under the 1993 special permit, that the petitioner will not sell vehicles from the locus but will conduct the leasing business, that an individual could not lease a vehicle from the petitioner, and that the petitioner’s representatives go to the business location of its customers to execute the lease and deliver the vehicle. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be continued, all in favor, 9-0. Motion made and 2nd that the SPECIAL PERMIT be GRANTED, AS AMENDED, with the amendment as follows: 1. That the recommendations of the Planning Board shall be accepted as conditions of the special permit, 2. That sale of motor vehicles shall be conditioned on the petitioner obtaining a Second Class Motor Vehicle Sales License from the City of Woburn, all in favor, 9-0. Motion made and 2nd that the PETITION FOR SECOND CLASS MOTOR VEHICLES SALES LICENSE be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.

************************* Alderman Mercer-Bruen returned to the Council Chamber.

************************* On the petition by President Charles Doherty to amend the 1985 Woburn Zoning Ordinances, as amended, by establishing a new Section 23 entitled Commerce Way Corridor Overlay District as set forth in the petition (Clerk’s Note: See City Council Journal dated July 10, 2008 for a full recitation of the text of the ordinance). PUBLIC HEARING OPENED. President Doherty stated that he received comments concerning the most recent proposal, that the matter is being returned to the Planning Board for formal recommendations by the September 15, 2009 meeting of the City Council, that the map is being prepared and will be advertised, and that the proposal will be acted on in two parts one being the overlay district zoning amendment and the second being the amendment of the zoning map. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON SEPTEMBER 15, 2009, tHAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES AND THAT A COMMUNICATION BE FORWARDED TO THE PLANNING BOARD REQUESTING A FORMAL RECOMMENDATION ON THE FINAL DRAFT, all in favor 9-0. ______

CITIZEN’S PARTICIPATION: None. ______

COMMITTEE REPORTS: None. ______

NEW PETITIONS:

A communication dated August 26, 2009 was received from Joseph R. Tarby, Esquire, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 as follows:

Re: Minor Modification to Landowner’s Decision and Notice of Special permit dated December 27, 2007 (the “Decision”) Granted to Allied Building Products Corp., 41 Atlantic Avenue, Woburn, Massachusetts

Dear Mr. Campbell:

Please be advised that I represent Allied Building Products Corp. (“Allied”) of 41 Atlantic Avenue, Woburn, Massachusetts (the “Property”). As you know, on December 27, 2007, the City Council issued a Decision to Allied for the use of the Property as a wholesale establishment, warehouse and distribution center, outside storage of new or used building materials and equipment and the accessory parking of commercial motor vehicles. Enclosed please find ten (10) copies of the Decision and the original approved site plan described in Condition 1.

In addition, I have enclosed ten (10) copies of a revised site plan showing the following minor revisions:

1. The relocation of the proposed storage area from the left rear of the building to the rear of the building. 2. The installation of a sliding gate and eight (8) foot fence as shown on the plan.

The minor modifications to the plan result in the commercial vehicles being parked overnight to be located behind the fence and gate rather than in the parking area along Atlantic Avenue. In addition, all of the outside material storage will be further screened from Atlantic Avenue by relocating to the rear of the property and with the installation of the sliding gate.

I respectfully request approval by the City Council of the above improvements as a minor modification to the Special Permit by substituting the Plan entitled: “41 Atlantic Avenue, Woburn, MA” prepared by Allen & Major Associates, Inc., 100 Commerce Way, Woburn, MA dated September 25, 2007, as revised October 18, 2007 as revised August 25, 2009 in place of the plan entitled: “41 Atlantic Avenue, Woburn, MA” prepared by Allen & Major Associates, Inc., 100 Commerce Way, Woburn MA dated September 25, 2007, as revised October 18, 2007 as the plan of record. I would appreciate it if you would place this matter on the agenda of the City Council meeting scheduled for September 1, 2009. If you have any questions, please feel free to contact me. Thank you.

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

Motion made and 2nd to suspend the rules for the purposes of hearing from Attorney Joseph R. Tarby, all in favor, 9-0. Appearing was Attorney Joseph M. Tarby and he stated this is a request for a minor modification of a site plan that was approved, that the petitioner seeks to modify the plan for aesthetics and security, that there will be a sliding gate after which overnight vehicles would be parked behind the gate, that the proposed storage area would move to the rear of the building, that pick-up would be at the rear of the building, that this is a better site plan, that this is the last property before the transportation center, that there is no change in use, and that this will be the same operation. Alderman Mercer-Bruen stated that she takes modification requests seriously but that this is not a significant change for a business already in operation. Motion made and 2nd that the REQUEST FOR MINOR MODIFICATION be APPROVED, all in favor, 9-0. Motion made and 2nd to return to the regular order of business, all in favor, 9- 0.

************************* A communication dated August 25, 2009 was received from Salvatore Lupoli, President/CEO, Sal’s Pizza, 354 Merrimack Street, Lawrence, Massachusetts 01842 as follows:

Re: 299 Washington Street (former Au Bon Pain)

To: President Charles E. Doherty & Members – Woburn City Council

Sal’s Pizza, headquartered in Lawrence, Ma, will be assuming Au Bon Pain’s space on 299 Washington Street (Cummings Property) in September 2009. A special permit was granted to Au Bon Pain and no other fast food restaurant for this particular location. Sal’s Pizza operates a very similar model as Au Bon Pain and we plan to use the existing space with minimal cosmetic changes. In addition, we are also very excited about acquiring the 28 existing staff employed by Au Bon Pain and providing them continued employment.

Sal’s Pizza requests a minor modification to paragraph 2 of the prior Au Bon Pain special permit with the understanding that our operation is very much similar to that of Au Bon Pain. This will allow Sal’s Pizza to open for business in a short period of time with the existing staff. Without this minor modification, we would jeopardize the job retention of the 28 staff members mentioned above. The new paragraph 2 shall read “That the Special Permit shall be for Sal’s Pizza only and no other fast food restaurant.”

Thank you in advance for your consideration.

Regards, s/Salvatore Lupoli, President/CEO, Sal’s Pizza

Alderman Mercer-Bruen stated that she spoke to representative’s of Sal’s Pizza, that this is a good business, that she would like to see the business locate in the city, that she is concerned about changing the special permit, that fast food is a different use in the city, that special permit uses are not changed lightly, that she is concerned about the precedent that will be set if this change is permitted, that a twenty-day appeal period will be required in any event, that this special permit should not be for any use but the Au Bon Pain, that there will be fewer hours of operation but this is a different use, and that she is not suggesting that a traffic study is needed. Alderman Galvin stated that the special permit was granted for Au Bon Pain, that traffic studies were performed for the fast food use with that special permit, that the City Council knew what was going in to that location, that the new use will still be controlled by the same conditions, that this change was permitted from Krazy Karry’s to Kravings on Winn Street, that this is a different owner but the City Council went to great lengths to be certain that the fast food use was appropriate at the location, that if the petitioner wants to change other conditions then that is a different story, and that if the petitioner is just looking to change the owner then the matter should be moved along. Alderman Drapeau stated that with Au Bon Pain the use is from morning to evening, that with Sal’s Pizza the most traffic will be during lunch and dinner, that there will be no morning rush hour traffic, that the petitioner is looking to preserving twenty-eight jobs, that if the request is delayed any longer than twenty days this may impact these jobs, and that the new use will not be more detrimental than the current use. Alderman Wall stated that the City Council always indicates that the special permits are nontransferable, and that he is concerned that this may cause a precedent by not following the special permit process. Alderman Galvin stated that the petitioner is coming before the City Council and identifying themselves and the business operations, that every issue is amendable, and that the proposed use will be no more detrimental than what is currently there and in fact is less detrimental. Alderman Gonsalves stated that the City Council has to compare the proposed use to the current use, and that she would like to hear from the petitioner. Alderman Raymond stated that the petitioner is nontransferable, that the language states the use is for Au Bon Pain only and no other fast food restaurant, that the integrity of the special permit process is at issue, that an expedited special permit process is the method to follow, and that this is more than a minor modification because of the specific language in the special permit. Sal Lupoli stated that he is owner of Sal’s Pizza, that he started the business eighteen years ago, that the business has expanded to thirty-five locations with over 400 employees, that the company gets involved with the communities in which they locate, that they provide pizza to the Woburn school system, that the company had to make a decision quickly on this property, that he met with William Cummings about the proposal and spoke to Alderman Mercer-Bruen, that there will be one change inside the building with the counter size and one exterior change being the sign, that the business will have bakery products and pizzas, that there are no deliveries with the exception of large deliveries, that they can work within the Au Bon Pain hours of operation but will not exceed the Au Bon Pain hours, that the stores typically close at 10:00 p.m., that they do not cater to late night customers, that they could open early for the sale of baked goods and coffee if desired, that the existing employees are identical to the Au Bon Pain employees, that they will re-train the employees for their business, that they could be in business within seven to ten days or sooner, that any longer period and those employees will move on, that they cannot support payroll for several weeks while waiting for the business to open, and that Au Bon Pain sold a form of pizza under a different name. Mr. Lupoli offered a copy of a floor plan 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. Alderman Gonsalves stated that she does not want to give away name changes easily and was concerned about an increase in traffic to the site. Mr. Lupoli stated that Au Bon Pain opened early and closed about the same time as Sal’s Pizza, that off-peak hours in the area will be peak hours for the petitioner such as after work, that they will not have as much lunch business as Au Bon Pain, that Au Bon Pain had a larger menu, that they will have a higher percentage of business from 4:00 p.m. to 8:00 p.m., that Au Bon Pain had higher traffic flow throughout the day, that the Bistro operation has not fit the Au Bon Pain operation, that the location was too big with too many employees for Au Bon Pain, that rather than go back to the Au Bon Pain operation the corporation decided to close, and that the Au Bon Pain Bistro operation has closed at the location. Alderman Denaro stated that there would be a twenty-one day appeal period. Alderman Galvin stated that the City Council can make an exception for this use. Alderman Mercer-Bruen stated that she has to worry about another proposal at a later date that may be raised because of this precedent, and that if there is a way to expedite this process with a special permit then the City Council should do this. Mr. Lupoli stated that they will make some cosmetic changes. Alderman Gately stated that he understands the special permit process, that he would rather come up with a solution than have twenty-eight families lose their jobs, and that the City Council should find a reason to give the modification. Alderman Gonsalves stated that under Section 11.12 of the Woburn Zoning Ordinances the City Council may modify a special permit, that the City Council can amend a special permit by changing the name and limiting to Sal’s Pizza, that the special permit cannot be transferred without a similar vote, that an amendment can be added to be clear that the change will fit in the neighborhood, and that the record should show that the current employees will be considered for employment. Motion made and 2nd to that a copy of the original special permit be received and made part of the record, all in favor, 9-0. Alderman Denaro stated that the intent is to keep the people employed, that the petitioner is comfortable with the hours, and that it is not an issue to have delivery of large orders. Mr. Lupoli stated that be the end of next week he will meet with the Au Bon Pain employees to determine who wants to work for Sal’s Pizza, that the employees would be assigned to their other stores for training, that the base pay for Sal’s Pizza employees is higher than the base pay for Au Bon Pain employees, that the petitioner has a 35,000 square foot U.S.D.A. approved facility, that all product is manufactured at the facility and delivered in refrigerated trucks sometimes every day, that they can deliver to their stores at their schedule as requested by the community, that the produce it not produced from scratch at the stores, that there is no excess dumpster use, and they do not use hard silverware or plates. Michael Lupoli stated that there is one delivery per week from a vendor, deliveries three to four times per week from the commissary, and one delivery per week of Coca-Cola products. Alderman Doherty stepped down from the chair and Alderman Galvin assumed the chair. President Doherty stated that the vote should be two-thirds of the City Council. Mr. Lupoli stated that Au Bon Pain had a lot of self-service, that they will bring this product behind the counter, that they do not give out waiting numbers to customers, that the product is ready for sale at lunchtime, that pizza is sold by the slice, that a whole pizza is ready in seven to eight minutes and is generally a pick-up order, that Fire Department approval will be obtained, and that the hours of operation will have to be modified. Motion made and 2nd that the SPECIAL PERMIT GRANTED TO ABP CORPORATION dba AU BON PAIN ON APRIL 8, 2004 be AMENDED AS A MINOR MODIFICATION, with the following amended and additional conditions: 1. That Condition 2 shall be amended as follows: “That the Special Permit shall be for Sal’s Pizza only and no other fast food restaurant,” 2. The Special Permit shall be contingent upon changes regarding ovens subject to Building Department, Fire Department and other appropriate approvals, 3. That Condition 8 shall be amended as follows: “8. That the hours of operation shall be 7:00 a.m. to 9:00 p.m. Sunday, Monday, Tuesday, Wednesday and Thursday and 7:00 a.m. to 10:00 p.m. Friday and Saturday,” 4. That this minor modification shall take effect on September 2, 2009, 5. That the special permit shall be reviewed at six months from the date of issuance, 6. That the landscaping shall be re-established in accordance with the original special permit conditions, and 7. That the plan entitled “Lease Plan, Sal’s Just Pizza, Inc., 299-N Washington Street, Woburn, MA” dated 07/17/09, revised 07/28/09 prepared by Cummings Properties shall be accepted as the interior plan of record, all in favor, 9-0. Alderman Galvin stepped down from the chair and President Doherty assumed the chair.

************************* Petition by Robert Khouzami, 40 Overlook Road, Stoughton, Massachusetts for a special permit pursuant to Section 5.1.44 of the 1985 Woburn Zoning Ordinances, as amended, for auto repair in accordance with the previously approved special permit issued for the property on November 13, 2009 at 317 Montvale Avenue. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

************************* Petition by Cummings Properties, LLC, as managing agent for Woburn Properties, LLP, 200 West Cummings Park, Woburn, Massachusetts 01801 for a special permit pursuant to Sections 5.1.30b and 5.1.41 of the 1985 Woburn Zoning Ordinances, as amended, to amend a special permit granted on May 19, 2009 to construct an elevated pedestrian walkway from the second floor of subject building located at 8 Cabot Road to the second floor of existing adjacent building at 34 Commerce Way. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.

************************* Petition by Cummings Properties, LLC, as managing agent for Sudbury Research Center, LLC, 200 West Cummings Park, Woburn, Massachusetts 01801 for a special permit pursuant to Section 7.3 of the 1985 Woburn Zoning Ordinances, as amended, to extend and alter a pre-existing non-conforming structure to construct an elevated pedestrian walkway from the second floor of the subject building located at 34 Commerce Way to the second floor of the adjacent building at 8 Cabot Road. Motion made and 2nd 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 July 2009: number of parking violations issued 1,079, number of violations paid 567, number of violations outstanding 369, amount collected and submitted to the Office of the Collector $35,681.00. There exists a backlog of 4,769 tickets for 1982 through 2008. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission to date $6,555.00.

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.

************************* A communication dated August 13, 2009 with attachment was received from Philip L. Mahoney, Chairperson, Woburn Human Rights Commission as follows:

Re: Human Rights Commission Annual Report

Dear President Doherty and Other Members of the Council:

As required by 1989 Woburn Municipal Code Title 2, XXXVII, 2-239,4 establishing the powers and duties of the Human Rights Commission, we are submitting for your review and use the required Annual Report of the Commission for Fiscal Year 2009.

If there are any questions or comments, we would look forward to hearing from you. Thank you.

Sincerely, s/Philip L. Mahoney, Chairperson, Woburn Human Rights Commission

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

************************* A communication dated July 30, 2009 with attachment was received from City Engineer John E. Corey, Jr. P.E. as follows:

Bill:

Enclosed is a scanned copy of what we believe is the inter-municipal agreement between Burlington and Woburn concerning the Horn Pond interceptor. The document is title “draft”, however it has been executed by the concerned political bodies. A review of the Massachusetts Acts from 1960 through 1968 revealed no further information. Best we can do.

John E. Corey, Jr. P.E., City Engineer

Alderman Wall stated that this agreement is dated May 4, 1965, that a new trunk line will be maintained from Burlington to Woburn, that this project will cost millions of dollars, and that this cost should be borne evenly between the Town of Burlington and the City of Woburn under this agreement. Alderman Gately stated that this matter should be sent to the Committee on Water, and that legal advice should be obtained from independent legal counsel as the City Solicitor represents both the Town of Burlington and the City of Woburn. President Doherty stated that this matter should also be sent to the Department of Environmental Protection as the trunk line is subject for an Administrative Consent Order. Motion made and 2nd that the MATTER be referred to Committee on Water, that the city obtain a legal opinion from independent legal counsel as to the responsibilities of the Town of Burlington under the agreement, and that a copy of the agreement be forwarded to the Department of Environmental Protection, all in favor, 9-0.

************************* A communication dated August 24, 2009 was received from Attorney Patricia A. Cantor, Kopelman and Paige, P.C. relative to identity theft prevention requirements. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.

************************* Copies of the following reports were received from Powers & Sullivan, Certified Public Accountants, 100 Quannapowitt Parkway, Suite 101, Wakefield, Massachusetts 01880: “City of Woburn, Massachusetts, Report on Examination of Basic Financial Statements, Fiscal Year Ended June 30, 2007”, “City of Woburn, Massachusetts, Management Letter, June 30, 2007”, “City of Woburn, Massachusetts, Reports on Federal Award Programs, Fiscal Year Ended June 30, 2007,” “City of Woburn, Massachusetts, Report on Examination of Basic Financial Statements, Fiscal Year Ended June 30, 2008”, “City of Woburn, Massachusetts, Management Letter, June 30, 2008”, “City of Woburn, Massachusetts, Reports on Federal Award Programs, Fiscal Year Ended June 30, 2008.” Alderman Denaro stated that the 2007 Management Letter has some deficiencies, that some of the issues from 2007 remain and there are new issues from 2008, and that because the staffing level is not being maintained in the City Auditor’s office they are falling behind in the work. Alderman Gonsalves stated that there are deficiencies that should be addressed and discussed. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE and that a request be sent to Powers and Sullivan requesting that a representative attend the September 15, 2009 Regular Meeting of the City Council to discuss the reports, all in favor, 9-0.

************************* A copy of a communication dated August 14, 2009 was received from Department of Public Utilities, Transportation Oversight Division, One South Station, Boston, Massachusetts 02110 relative to an application for a shuttle service to be operated by Cityconnect, Inc. of 35 Eldon Street, Boston, Massachusetts. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0 ______

UNFINISHED BUSINESS OF PRECEDING MEETING: None. ______

APPOINTMENTS AND ELECTIONS:

A communication dated August 28, 2009 was received from His Honor the Mayor Thomas L. McLaughlin as follows:

Dear Mr. Campbell:

By the power vested in me as Mayor of the City of Woburn, I hereby appoint Carmen M. Baldino, Ph.D. of 4 Catarina Lane as a member of the Biomedical Oversight Committee for a period of two years.

Dr. Baldino’s appointment will be effective on the date of confirmation by the City Council, and his two-year term will expire on that date.

If you have any questions, please feel free to contact me.

Sincerely, s/Thomas L. McLaughlin

Motion made and 2nd that Rule 34 be suspended, all in favor, 9-0. Motion made and 2nd that the APPOINTMENT be CONFIRMED, all in favor, 9-0. Motion made and 2nd that Rule 34 be reinstated, all in favor, 9-0. Presented to the Mayor: September 4, 2009 s/Thomas L. McLaughlin Sept. 10, 2009 ______

MOTIONS, ORDERS AND RESOLUTIONS:

ORDERED That the following list of Wardens, Clerks, Inspectors and Substitutes be approved for all Elections between September 1, 2009 and August 31, 2010:

Ward Precinct Name Address Office 1 1 Barbara Fagan 33 Dix Rd. Ext. Warden 1 1 Sharon Flynn 6 Thornton St. Clerk 1 1 Carol Lynch 264 Place Lane Inspector 1 1 Catherine Walsh 273 Cambridge Road #202 Inspector 1 1 John Cain 72 Bedford Rd Inspector 1 1 Peter Aspesi 31 Hudson St. Inspector 1 1 Roberta Bengtson 6 Samoset Road Inspector 1 1 Loretta Schuck 44 Leonard Street Inspector 1 1 Paula Walsh 11 Hillside Avenue Inspector 1 1 Darlene C. Wigton 51 Wyman Street Inspector 1 2 Keith Sullivan 4 Marlboro Road Warden 1 2 Margaret Wallace 4 Lakeview Terr Clerk 1 2 Betty Parechanian 7 Hope Lane Inspector 1 2 Janet Paleologos 19 Rumford Pk Ave Inspector 1 2 Georgina Silva 50 Cambridge Rd #209 Inspector 1 2 Carol Beckwith 27 Buttaro Road Inspector 1 2 Sophia Davidson 37 Arlington Rd Inspector 1 2 Colleen Ward 442 Russell St Inspector 1 2 Janet LeBlanc 1 Surrey Circle Inspector 1 2 Agnes Salerno 6 Sendick Road Inspector 2 1 Sandra Luther 19 Cummings Ave Warden 2 1 Catherine DiPanfilo 20 Innitou Road Clerk 2 1 Dorothy O'Halloran 4 Colonial Road Inspector 2 1 Helen King 4 Bedford Road Inspector 2 1 Rita Allitto 11 Morningside Drive Inspector 2 1 Roy Luther 19 Cummings Avenue Inspector 2 1 Arthur Cumming Jr. 27 Anna Road Inspector 2 1 Phyllis McInnis 66 Kilby Street Inspector 2 1 Theresa Smith 25-0 Arlington Roadn 4 Inspector 2 1 Connie Pandolph 9 Park Drive Inspector 2 2 Patricia McCuish 14 Scott Street Warden 2 2 Donald McCuish 14 Scott Street Clerk 2 2 Elizabeth Ober 39 forest Park Road Inspector 2 2 Patricia Connolly 60 Montvale Road Inspector 2 2 Janice Pandolph 37 Elijah Street Inspector 2 2 Jean Mernin 2 Walnut Street Inspector 2 2 Judith Nagle 8 Thomas Street Inspector 2 2 Natalie O'Connor 13 Cummings Avenue Inspector 2 2 Barbara Sullivan 27 Arlington Road #1-1 Inspector 2 2 Paul Cunniff 93 Waltham Street Inspector 3 1 Linda Olsson 60 Water Street Warden 3 1 Helen Simonds 45 Eaton Avenue Clerk 3 1 Elizabeth A. Simonds 3 Court Street Inspector 3 1 Gertrude Reil 11 Veteran Road Inspector 3 1 Janet Barbas 45 Union Street Inspector 3 1 Marie Price 9 Hinston Road Inspector 3 1 Mary McElhiney 13 Ash Street Inspector 3 1 Stella Di Girolamo 9 Lee Road Inspector 3 1 Richard Tobin 44 Green street Inspector 3 1 Janet Irwin 37 Waltham Street Inspector

3 2 Thelma Anthony 41 Brentwood Road Warden 3 2 Ron Dunn 8 Spring Street Clerk 3 2 Louise LeBlanc 20 Mayflorwer Road Inspector 3 2 Barbara Picazio 4 Manomet Road Inspector 3 2 Hilda Abreu 81 Garfiled Avenue Inspector 3 2 Jean Rooney 59 Campbell st #506 Inspector 3 2 Joyce Wentworth 17 Highet Avenue Inspector 3 2 John Matheson 66 Central Street Inspector 3 2 Doris Stanton 18 Nichols Street Ext Inspector 3 2 Paul Johnson 7 Dearborn Terrace Inspector 4 1 Jean MacDonald 123 Washington St Warden 4 1 Madelin Heslin 36 Clinton Street Clerk 4 1 Adeline Matheson 66 Central Sttreet Inspector 4 1 Albert Galante 4 O'Neil Road Inspector 4 1 James Rastellini 153 Montvale Avenue Inspector 4 1 Robert Hurkett 16 Linden Street Inspector 4 1 Elaine Haggerty 30 Thistle Road Inspector 4 1 James Doherty 45 Brentwood Road Inspector 4 1 Mary McElhiney 10 Pilgrim Road Inspector 4 1 Mary McLaughlin 6 Carroll Road Inspector 4 2 Margaret Donahue 176 Bedford Rd Warden 4 2 Ann McGarry 3 Innitou Road Clerk 4 2 Hazel Lambert 3 Elmwood Terrace Inspector 4 2 Geraldine Moscaritlo 200 Bedford Road #20E Inspector 4 2 Jeanne Lingblom 18 Day Circle Inspector 4 2 Margaret Stack 7 Willow Street Inspector 4 2 Stella Kiklis 1 Clifford Terrace Inspector 4 2 Kasey Ward 120 Russell Street Inspector 4 2 Alfred Autenzio 9 Arbor Lane Inspector 4 2 Janice R. Sylvia 2 Bay Street Inspector 5 1 Joyce Marshall 5 Elijah Street Warden 5 1 Rodney Flynn 6 Thornton Street Clerk 5 1 Beverly McCue 51R Central Street Inspector 5 1 Rita Allitto 11 Morningside Drive Inspector 5 1 Harold Parechanian 7 Hope Lane Inspector 5 1 Gloria Platon 6 Fieldstone Drive Inspector 5 1 Marie Giangrande 6 Flint Circle Inspector 5 1 Mary Sandvick 2 Park Drive Ext Inspector 5 1 Maureen Vallis 4 Clifford Terrace Inspector 5 1 Martin LaCarbonara 10 Grove street Inspector 5 2 Helen Hatch 14 Marlboro Road Warden 3R James Terrace, PO Box 5 2 Theresa Nardone 180 Clerk 5 2 William Coady 35 Glenwood Avenue Inspector 5 2 Mary Dickie 1 Linden Circle Inspector 5 2 Marguerite Rebal 111 Spring Court Ext Inspector 5 2 Mary Famiglietti 22 Buttaro Road Inspector 5 2 Shirley Butler 28 Felton Street Inspector 5 2 Anna Cumming 27 Anna Road Inspector 5 2 Myles Collins 19 Squanto Road Inspector 5 2 Janet Galente 3A Kearsarge Avenue Inspector 6 1 Nancy Darby 20 Ward St Warden 6 1 John Decata 57 Wood Street Clerk 6 1 Albina Cain 72 Bedford Road Inspector 6 1 Barbara Ridley 129 Place Lane Inspector 6 1 Jean O'Connor 9 Rock Street Inspector 6 1 Joan Mann 15 Floyd Street Inspector 6 1 Josephine Wallace 55 Vernon Street Inspector 6 1 Loretta Cianchi 32 Dix Road Inspector 6 1 Helen Buss 15 Plympton Street Inspector 6 1 Jane Linn 204 School Street Inspector 6 2 Diane Autenzio 23 Milan Avenue Warden 6 2 Francis Hancock 13 Pearl Street Clerk 6 2 Sheila Marshall 26 Boyd Road Inspector 6 2 Carolyn Grammer 27-0 Arlington Road #1 Inspector 6 2 Irene Decata 57 Wood Street Inspector 6 2 Marjorie Amato 24 Mountain Street Inspector 6 2 Mary O'Doherty 134 Bedford Road Inspector 6 2 Rita Stone 63 Merrimac Street Inspector 6 2 Michelina DeAngelis 255 Lexington Street Inspector 6 2 Eleanor Collins 19 Squanto Road Inspector 7 1 Alfred Magro 244 Russell Street Warden 7 1 Thomas O'Rourke 15 Highet Avenue Clerk 7 1 Camille Maccini 3 Pheasant Lane Inspector 7 1 Dorothy Curran 1 Dix Road Inspector 7 1 Ellen Magro 9 Rich Road Inspector 7 1 Florence Tully 5 Hiawatha Road Inspector 7 1 Mary Dickie 1 Linden Circle Inspector 7 1 Nancy Nardone 12 Roman Road Inspector 7 1 Virginia Evan 12 Barbara Circle Inspector 7 1 Barbara Callahan 32 Van Norden Road Inspector 7 2 Gloria Hildebrandt 17 Grace Road Warden 7 2 M. Joyce O'Donnell 442 Place Lane Clerk 7 2 Helen Foti 10 Morningside Drive Inspector 7 2 Patti Doyle 6 Thomas Street Inspector 7 2 Laura Morrow 15 South Bedford Street Inspector 7 2 Phyllis Flight 99 Middle Street Inspector 7 2 Mary Harrison 48 Lake Ave #BC5 Inspector 7 2 Donna Bullen 27 Robinson Road Inspector 7 2 Sharon Lee 14 Henderson Road Inspector 7 2 Nancy Mathews 11 Albert Drive Inspector Chorlton, Mary Ann 312 Lexington St Substitute Gryzb, Mary Alice 26 Carroll Road Substitute Myers, June 10 Delaware Avenue Substitute Granata, Robert 26 Northwoods Circle Substitute Connolly, William 27 Parker Street Substitute Gridelli, Ruthann 25 Grape Street Substitute Selvitella, Camille L. 17 Rich Road Substitute Spencer, Rosemary 5 Caulifield Road Substitute Chotkowski, Theresa 3 Pond Terrace Substitute Donovan, Elizabeth 5 Crescent Road Substitute Tobin, Florianna 200 Bedford Road #26D Substitute Welch, Edith 960C Main Street Substitute Fitzler, Carolyn 59 Campbell Street #415 Substitute Catania, Pat 20 Beacon Street Substitute Murphy, Caroline 3 Akeson Road Substitute Galante, Marion 4 O'Neil Road Substitute Diane Alexander 75 Creston Ave Substitute Janet Dever 9 Canterbury Road Substitute Debbie Perelli 65 Pine Street Substitute Mary Gonsalves 24 Cummings Avenue Substitute

I hereby approved the above: s/Thomas L. McLaughlin

s/President Doherty

Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0. Presented to the Mayor: September 4, 2009 s/Thomas L. McLaughlin Sept. 10, 2009 ______

Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 9:33 p.m.

A TRUE RECORD ATTEST:

William C. Campbell City Clerk and Clerk of the City Council