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Woburn City Council · 2020–2021 Council · Regular meeting

December 15, 2020

35 recorded votes, 15 with disagreement.

Sources: Official minutes (PDF) · City meeting page

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Attendance

Present: Joanne E. Campbell, Robert J. Ferullo, Michael P. Concannon, Richard F. Gately, Joseph E. Demers, Darlene Mercer-Bruen, Jeffrey P. Dillon, Edward Tedesco, Lindsay E. Higgins

Absent: None

Every vote, in order

Regular meeting

Dispense with the reading of the previous meeting's Journal and to approve

Minutes, page 1

ProceduralPassed · Unanimous, 9 present

VOTED to dispense with the reading of the previous meeting's Journal and to APPROVE, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“VOTED to dispense with the reading of the previous meeting's Journal and to APPROVE, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 1 (PDF)

New Petitions

The matters be referred to Committee on Public Safety and Licenses — Petition for renewal of First Class Motor Vehicle Sales License by c.n. Wood Enviro, LLC, 200 Merrimac Street; Gordon Colonial,...

Minutes, page 1

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd that the MATTERS be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the MATTERS be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 1 (PDF)

The matters be referred to Committee on Public Safety and Licenses — Petition for renewal of Second Class Motor Vehicle Sales License by Anchor Auto Sales, Inc., 3 Breed Avenue; Cambridge Road...

Minutes, page 1

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd that the MATTERS be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the MATTERS be REFERRED TO COMMITTEE ON PUBLIC SAFETY AND LICENSES, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 1 (PDF)

The matter be referred to public hearing — Petition by 25 Everett Street Realty Trust, Erik Kortz, Trustee, 25 Everett Street, Woburn, Massachusetts 01801 for a special permit pursuant to 1985...

Minutes, page 2

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 2 (PDF)

The matter be referred to public hearing — Petition by frh Realty LLC, An Affiliate of Fairfield Residential, 5 Burlington Woods, Suite 203, Burlington, Massachusetts 01803 for a special permit...

Minutes, page 2

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 2 (PDF)

Public Hearings

The communications be received and made part of the record — On the petition by Nardone Electrical Corporation, 160 Olympia Avenue, Woburn, Massachusetts 01801 pursuant to 1985 Woburn Zoning...

Minutes, page 6

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd that the communications be received and made part of the record, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the communications be received and made part of the record, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 6 (PDF)

The public hearing be opened for public comments — On the petition by Nardone Electrical Corporation, 160 Olympia Avenue, Woburn, Massachusetts 01801 pursuant to 1985 Woburn Zoning Ordinances, as...

Minutes, page 7

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd that the public hearing be opened for public comments, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the public hearing be opened for public comments, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 7 (PDF)

The public hearing be continued to the regular meeting of the City Council on January 5, 2020 — On the petition by Nardone Electrical Corporation, 160 Olympia Avenue, Woburn, Massachusetts 01801...

Minutes, page 7

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JANUARY 5, 2020, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JANUARY 5, 2020, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 7 (PDF)

The communications be received and made part of the record — On the petition by LCS Woburn LLC, 400 Locust Street, Suite 820, Des Moines, Iowa 50309-2334 for a special permit with site plan review...

Minutes, page 8

ProceduralPassed · 7–0

Motion made and 2nd that the communications be received and made part of the record, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

Yes: Campbell, Concannon, Dillon, Ferullo, Higgins, Mercer-Bruen, TedescoAbstained: Demers, Gately

From the minutes

“Motion made and 2nd that the communications be received and made part of the record, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 8 (PDF)

The public hearing be opened for public comments — On the petition by LCS Woburn LLC, 400 Locust Street, Suite 820, Des Moines, Iowa 50309-2334 for a special permit with site plan review pursuant...

Minutes, page 9

ProceduralPassed · 7–0

Motion made and 2nd that the public hearing be opened for public comments, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

Yes: Campbell, Concannon, Dillon, Ferullo, Higgins, Mercer-Bruen, TedescoAbstained: Demers, Gately

From the minutes

“Motion made and 2nd that the public hearing be opened for public comments, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 9 (PDF)

Accept the list of the working draft of 26 conditions

Minutes, page 11

ApprovePassed · 7–0

Motion made and 2nd to accept the list of the working draft of 26 conditions, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

Yes: Campbell, Concannon, Dillon, Ferullo, Higgins, Mercer-Bruen, TedescoAbstained: Demers, Gately

From the minutes

“Motion made and 2nd to accept the list of the working draft of 26 conditions, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 11 (PDF)

The public hearing be closed — On the petition by LCS Woburn LLC, 400 Locust Street, Suite 820, Des Moines, Iowa 50309-2334 for a special permit with site plan review pursuant to 1985 Woburn...

Minutes, page 11

ProceduralPassed · 7–0

Motion made and 2nd that the public hearing be closed, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

Yes: Campbell, Concannon, Dillon, Ferullo, Higgins, Mercer-Bruen, TedescoAbstained: Demers, Gately

From the minutes

“Motion made and 2nd that the public hearing be closed, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 11 (PDF)

The following special permit, as amened, be granted: A. 1. A Special Permit pursuant to Section 28.6.2.2 to allow for 103 Congregate Elderly Housing Units; 2. A Special Permit pursuant to Section...

Minutes, page 11

ApprovePassed · 7–0

Motion made and 2nd that the following SPECIAL PERMIT, AS AMENED, be GRANTED: A. 1. A Special Permit pursuant to Section 28.6.2.2 to allow for 103 Congregate Elderly Housing Units; 2. A Special Permit pursuant to Section 28.6.2.9 to allow for an Extended Care Facility (84 Assisted Living Units and 36 Memory Care Units); 3. A Special Permit pursuant to Section 28.3 and Site Plan approval pursuant to Section 28.8.4 to allow for a reduction in the number of required parking spaces. The Applicant seeks a reduction in the number of required parking spaces from 281 spaces to 193 spaces; 4. A Special Permit pursuant to Section 28.3 to allow for relief from Section 5.3.4 which prohibits a retaining wall to be in excess of six (6) feet in height. The Applicant seeks relief to allow the height of the retaining wall running perpendicular to I-93 to exceed the six (6) feet height limited allowing up to ten (10) feet in height in certain areas of the wall; 5. A Special Permit pursuant to Section 5.1 (57b) to allow for the overnight parking of up to one (1) passenger van; 6. A Special Permit pursuant to Section 28.3 and Section 28.11.6 to allow relief from Section 5.2.1.4 ("Access to the buildable portion of a lot shall be granted from a lot's legal street frontage. Access to lots by so called "common driveways" or access easements shall be prohibited.") [Relief has been requested because the Applicant's legal street frontage is along Sunset Road in Winchester from which there will be no v

Yes: Campbell, Concannon, Dillon, Ferullo, Higgins, Mercer-Bruen, TedescoAbstained: Demers, Gately

From the minutes

“Motion made and 2nd that the following SPECIAL PERMIT, AS AMENED, be GRANTED: A. 1. A Special Permit pursuant to Section 28.6.2.2 to allow for 103 Congregate Elderly Housing Units; 2. A Special Permit pursuant to Section 28.6.2.9 to allow for an Extended Care Facility (84 Assisted Living Units and 36 Memory Care Units); 3. A Special Permit pursuant to Section 28.3 and Site Plan approval pursuant to Section 28.8.4 to allow for a reduction in the number of required parking spaces. The Applicant seeks a reduction in the number of required parking spaces from 281 spaces to 193 spaces; 4. A Special Permit pursuant to Section 28.3 to allow for relief from Section 5.3.4 which prohibits a retaining wall to be in excess of six (6) feet in height. The Applicant seeks relief to allow the height of the retaining wall running perpendicular to I-93 to exceed the six (6) feet height limited allowing up to ten (10) feet in height in certain areas of the wall; 5. A Special Permit pursuant to Section 5.1 (57b) to allow for the overnight parking of up to one (1) passenger van; 6. A Special Permit pursuant to Section 28.3 and Section 28.11.6 to allow relief from Section 5.2.1.4 ("Access to the buildable portion of a lot shall be granted from a lot's legal street frontage. Access to lots by so called "common driveways" or access easements shall be prohibited.") [Relief has been requested because the Applicant's legal street frontage is along Sunset Road in Winchester from which there will be no vehicular access to the site.] Access to the site will be provided from Hill Street as approved on the Master Plan. 7. In addition, the Applicant requests approval of all signage as set forth on the plans filed with the Application; B. That the City Council makes the following findings pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 28.14.4: 1. The ways providing vehicular and pedestrian access have the capacity to provide safe ingress and egress to property and proposed structures thereon and uses thereof with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and emergency access in case of fire, emergency or catastrophe. 2. Adequate water, sewerage and drainage facilities exist or will exist to service the proposed use. 3. Adequate off-street parking and loading areas have been provided where required and will not result in undue noise, glare, or odor effects on adjoining properties or on properties generally in the district. 4. Satisfactory provision has been made for snow storage/removal to ensure safety and for refuse collection, disposal and service areas to minimize negative impacts on adjacent uses. 5. Exterior lighting has been designed to minimize glare and any negative impacts on abutting roadways and properties and to be compatible and in harmony with other properties in the immediate area. 6. Appropriate yards and other open space and landscaping have been provided as required and reasonable steps have been taken to insure the privacy of adjacent existing uses. 7. The proposed use is generally compatible in scale and character with adjacent properties and other properties in the district. 8. The proposed use(s) or structure(s) will not detract from the general purposes of this ordinance and either comply in all respects with the provisions of the Woburn Zoning Ordinance or has obtained relief (i.e. waiver, special permit or variance) as may be required. 9. The proposal incorporates additional conditions and requirements as the City Council finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this Ordinance, including but not 28-13 limited to the following: Front, side or rear yards greater than the minimum required by this ordinance; requirements for screening, buffers, planting strips, fences or walls; modification of proposed exterior facades of the structure; limitation upon the size, number of occupants, method and time of operation, or extent of facilities; regulation of the number, size and location of drives, access ways, or other traffic features, and off-street parking or loading, or other special features beyond the minimum required in the ordinance.; C. That the following conditions shall apply to the special permits: 1. The Applicant shall construct and improve the site as substantially described in the plans submitted with the Special Permit Application entitled: "The Delaney at the Vale," Hill Street, Woburn, MA" Sheet V-101 dated April 30, 2020; Sheet C-201 dated November 24, 2020; Sheet C-301 dated November 24, 2020; Sheet C-401 dated November 24, 2020; Sheet C-501 dated November 24, 2020; Sheet C-502 dated November 24, 2020; Sheet C-601 dated November 24, 2020; Sheet C-602 dated November 24, 2020 and Sheet C- 701 dated November 24, 2020; prepared by Stantec, 226 Causeway Street, 6th floor, Boston, MA. (hereinafter the "Site Plan") although design adjustments and modifications generally associated with: (i) preparing so-called "working drawings" or (ii) site conditions shall be permitted so long as such changes do not constitute substantial changes from said plans as determined by the Building Commissioner. In the event that the Building Commissioner determines that the building plans filed with the Building Permit Application are not in substantial conformance with the Site Plan, the Applicant may request a review of said plans by the City Council Special Permits Committee who shall make a final determination. If the Special Permits Committee makes a determination that the proposed plans are not in conformance with the Site Plan, the Applicant shall be required to file a Special Permit Petition seeking approval to modify the Site Plan.; 2. The number of independent living units shall not exceed 103 units; The number of assisted living units shall not exceed 84 units; and The number of memory care units shall not exceed 36 units.; 3. All exterior building illumination shall be dark sky complaint and shielded to minimize excess light glare towards abutting properties.; 4. Except in the event of an emergency, work on the exterior of the site shall be from 7:00 a.m. - 6:00 p.m. Monday through Friday, and 8:00 a.m. - 5:00 p.m. on Saturdays. No work on the exterior of the site shall be permitted on Sunday, or state and federal holidays recognized by the City of Woburn.; 5. There shall be adequate rodent control in place prior to commencement of any site disturbance and maintained throughout all site development and construction phases. The Applicant shall provide monthly rodent control reports to both the Board of Health and the Department of Inspectional Services.; 6. Prior to the issuance of a Building Permit, the Applicant shall file a snow storage and removal plan with the Department of Inspectional Services.; 7. All dumpsters, if any, shall be enclosed, by means of a fence, wall or landscaping in compliance with the Woburn Zoning Ordinance and Title 8 Section VII 8-17 of the Woburn Municipal Code. In addition rodent control measures in connection with any dumpsters shall be in place and maintained.; 8. As-built plans shall be provided at the conclusion of the project to the satisfaction of the Engineering Department and Department of Inspectional Services. In addition, the Applicant shall provide interim as- built plans as required during permitting coordination with the City Engineer and Building Commissioner.; 9. Landscaping shall be installed substantially in conformance with the Landscaping Plan as submitted by the Applicant to the City Council, except as otherwise provided for in these Conditions. Such landscaping shall be maintained, repaired or replaced by the Applicant and/or its successors and assigns, as needed to maintain compliance with such Landscape Plan and other applicable requirements.; 10. During the period of construction and for ongoing marketing purposes, notwithstanding any pre-conditions for the issuance of a Building Permit or Certificate of Occupancy otherwise set forth herein, the Applicant shall be entitled to designate and utilize for marketing purposes (on a temporary or permanent basis) several of the units as a decorated, model units for lease purposes. The model units and leasing office(s) shall be subject to the usual requirements of the Building Commissioner with respect to building and fire code compliance.; 11. In addition to those permanent signs approved in connection with the Project, the Applicant may display, on the Project property, temporary construction, marketing, or for lease signs stating appropriate marketing information. All signage plans shall be as shown on the plans submitted to the City Council and subject to Section 28.10 of the Woburn Zoning Ordinance.; 12. The Project is contingent upon the issuance of an Order of Conditions by the Woburn Conservation Commission (and/or Superseding Order of Conditions issued by MassDEP) pursuant to the Massachusetts Wetlands Protection Act, and implementing regulations (310 CMR 10.00 et seq.), and shall comply with the Massachusetts Department of Environmental Protection Stormwater Policy. Any material changes required in the Project as a result of the issuance of an Order of Conditions, shall be reviewed by the City Council pursuant to Condition One.; 13. The Applicant, its successors and/or assignors shall be responsible for the installation, operation, and maintenance of all aspects of the common facilities described herein, including, but not limited to, driveway and sidewalk maintenance, snow plowing and rubbish removal.; 14. Prior to the request for the last Occupancy Permit for the independent living units, all Phase 1 Improvements described in the Development Agreement by and between the City of Woburn and Montvale Land LLC dated November 21, 2019 (the "Development Agreement") must be substantially completed by Montvale Land LLC as follows: Montvale Avenue Improvements: 1. Upgrading Montvale Avenue at Hill Street/I-93 SF Off-Ramp, the Montvale Avenue at I-93 NB Ramps, and the Montvale Avenue at Maple Street/Unicorn Park Drive to provide for an adaptive traffic signal system. 2. Widening Hill Street i. At Montvale Avenue to provide two exit lanes and one entrance lane; and ii. To construct a traffic rotary to improve the traffic flow entering the Site from Hill Street. 3. Installing Pedestrian accommodations along Hill Street that integrate with the current Montvale Avenue pedestrian network. 4. Decommission all existing wells on the Property and abandon the water lines running from the wells to the existing building, under the auspices/guidance of the Department of Environmental Protection.; 15. Prior to the request for the final Certificate of Occupancy for the last independent living unit, the Applicant shall make a one- time payment to the City of Woburn in the amount of $103,000.00 as required by Paragraph B of Exhibit C of the Development Agreement. The one-time payment shall be used by the City, acting by and through the City Council, to assist the City in the identification and implementation of zoning, economic and other strategies to foster professional, retail and commercial development incentives as well as the development of affordable housing and the funding of the implementation of the goals and objectives set forth in the Housing Production Plan adopted by the City of Woburn on September 15, 2017. Said payment by the owner of any Development Parcel is made in recognition of the benefits of the Property of such undertakings by the City.; 16. The exterior design of the Independent/Assisted Living/Memory Care buildings shall be substantially as shown on architectural views presented to the Woburn City Council on December 15, 2020 and filed with the City Clerk's office.;17. All assisted living units and memory care units shall be licensed by the Commonwealth of Massachusetts.;18. The Applicant shall submit monthly construction reports to the City Council, Building Commissioner, City Engineer, Fire Department and Conservation Commission.; 19. This special permit is subject to the conditions outlined in Exhibit C Paragraph A(a) Phase 1; Paragraph A(d) 2, and Paragraph B and Paragraph C of the "Development Agreement" executed on November 21, 2019 between Montvale Ave, LLC and the City of Woburn.; 20. Any blasting on site will follow all State Guidelines. Pre- blasting inspection surveys shall be offered to the owners of any structure within 250 feet of the blasting.; 21. In recognition of the existing vegetation that will be impacted by the project, the Applicant shall adhere to the approved comprehensive landscape plan prepared by Crowley Cottrell as most recently revised on December 5, 2020, which includes 120 proposed trees and 150 proposed shrubs.; 22. Buildings to be designed and constructed in accordance with target Greenhouse Gas emission reductions as set forth in the Project's FEIR and MEPA Certificate #15923. Upon construction of the buildings, the Applicant shall have the buildings modeled and tested to ensure compliance with target Greenhouse Gas emission reductions.; 23. New 16 Inch water transmission main to be installed prior to occupancy. New Meter 200 installation shall be completed within six (6) months of completion of MWRA Section 89 water main work.; 24. As outlined in the "Development Agreement" on November 21, 2019, Montvale Land LLC, the Master Developer shall work with the City Council to identify mutually agreeable locations on portions of the overall Vale property for recreational activities, and the Master Developer shall designate such areas in connection with obtaining special permits and/or site plan review approval from the council for each Phase pursuant to the overlay zoning.; 25. A Dust Management/Mitigation plan for dust control during all phases of sitework/ construction shall be filed with the Department of Inspectional Services.; 26. A "no rise" analysis has been completed in connection with the overall Vale Project which shows that the overall Vale Project will not result in an increase in flood levels during the base flood (100-year) event. A "no rise" certificate, prepared and certified by a registered professional engineer shall be provided to the communities of Woburn, Stoneham and Winchester prior to construction; and D. The City Council finds the benefits set forth in the document entitled "The Vale - Summary of Project and Public Benefits"; ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 11 (PDF)

For a two minute recess

Minutes, page 15

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd for a two minute recess, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd for a two minute recess, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 15 (PDF)

Return to the regular order of business

Minutes, page 15

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd to return to the regular order of business, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer- Bruen - Yes; Tedesco - Yes; Higgins - Yes

From the minutes

“Motion made and 2nd to return to the regular order of business, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer- Bruen - Yes; Tedesco - Yes; Higgins - Yes.”

Read it in the official minutes, page 15 (PDF)

The communications be received and made part of the record — On the petition by Pulte Homes of New England, LLC, 115 Flanders Road, Suite 200, Westborough, Massachusetts 01581 for a special permit...

Minutes, page 16

ProceduralPassed · 7–0

Motion made and 2nd that the communications be received and made part of the record, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

Yes: Campbell, Concannon, Dillon, Ferullo, Higgins, Mercer-Bruen, TedescoAbstained: Demers, Gately

From the minutes

“Motion made and 2nd that the communications be received and made part of the record, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 16 (PDF)

The public hearing be opened for public comments — On the petition by Pulte Homes of New England, LLC, 115 Flanders Road, Suite 200, Westborough, Massachusetts 01581 for a special permit with site...

Minutes, page 16

ProceduralPassed · 7–0

Motion made and 2nd that the public hearing be opened for public comments, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

Yes: Campbell, Concannon, Dillon, Ferullo, Higgins, Mercer-Bruen, TedescoAbstained: Demers, Gately

From the minutes

“Motion made and 2nd that the public hearing be opened for public comments, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 16 (PDF)

The draft of 28 proposed conditions be received for the record

Minutes, page 18

ApprovePassed · 7–0

Motion made and 2nd that the draft of 28 proposed conditions be received for the record, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

Yes: Campbell, Concannon, Dillon, Ferullo, Higgins, Mercer-Bruen, TedescoAbstained: Demers, Gately

From the minutes

“Motion made and 2nd that the draft of 28 proposed conditions be received for the record, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 18 (PDF)

The public hearing be closed — On the petition by Pulte Homes of New England, LLC, 115 Flanders Road, Suite 200, Westborough, Massachusetts 01581 for a special permit with site plan review...

Minutes, page 18

ProceduralPassed · 7–0

Motion made and 2nd that the public hearing be closed, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

Yes: Campbell, Concannon, Dillon, Ferullo, Higgins, Mercer-Bruen, TedescoAbstained: Demers, Gately

From the minutes

“Motion made and 2nd that the public hearing be closed, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 18 (PDF)

The following special permit, as amened, be granted: A. 1. Special Permit/Site Plan Review pursuant to Section 28.6.2.2 to allow for 197 residential units of which 75 will be townhouses.; 2. The...

Minutes, page 18

ApprovePassed · 7–0

Motion made and 2nd that the following SPECIAL PERMIT, AS AMENED, be GRANTED: A. 1. Special Permit/Site Plan Review pursuant to Section 28.6.2.2 to allow for 197 residential units of which 75 will be townhouses.; 2. The Applicant has requested relief from Woburn Zoning Ordinance Section 5.2.1.4: "Access to the buildable portion of a lot shall be gained from a lot's legal street frontage only. Access to lots by so called "common driveways" or access easements shall be prohibited." Access to the site will be provided from Hill Street consistent with the master plan. Woburn Zoning Ordinance Section 28.11.6.1 provides the City Council the authority to grant this relief.; 3. The Applicant has requested relief from Woburn Zoning Ordinance Section 5.3.2: "no fence shall be built or maintained within the street setback requirements or the setback of the existing building over 3 feet high from the sidewalk or street level." Relief will be needed within the Sunset Road setback to construct a 7 tall solid cedar board fence along Sunset Road for screening purposes, retaining walls >6' for grading purposes, and 48" fall protection fencing on top of walls for safety purposes. Woburn Zoning Ordinance Section 28.3 provides the City Council the authority to grant this relief.; 4. The Applicant has requested relief from Woburn Zoning Ordinance Section 5.3.4: "the maximum height of any fence is 6 feet from the ground." Relief will be needed to construct retaining walls >6' tall for grading purp

Yes: Campbell, Concannon, Dillon, Ferullo, Higgins, Mercer-Bruen, TedescoAbstained: Demers, Gately

From the minutes

“Motion made and 2nd that the following SPECIAL PERMIT, AS AMENED, be GRANTED: A. 1. Special Permit/Site Plan Review pursuant to Section 28.6.2.2 to allow for 197 residential units of which 75 will be townhouses.; 2. The Applicant has requested relief from Woburn Zoning Ordinance Section 5.2.1.4: "Access to the buildable portion of a lot shall be gained from a lot's legal street frontage only. Access to lots by so called "common driveways" or access easements shall be prohibited." Access to the site will be provided from Hill Street consistent with the master plan. Woburn Zoning Ordinance Section 28.11.6.1 provides the City Council the authority to grant this relief.; 3. The Applicant has requested relief from Woburn Zoning Ordinance Section 5.3.2: "no fence shall be built or maintained within the street setback requirements or the setback of the existing building over 3 feet high from the sidewalk or street level." Relief will be needed within the Sunset Road setback to construct a 7 tall solid cedar board fence along Sunset Road for screening purposes, retaining walls >6' for grading purposes, and 48" fall protection fencing on top of walls for safety purposes. Woburn Zoning Ordinance Section 28.3 provides the City Council the authority to grant this relief.; 4. The Applicant has requested relief from Woburn Zoning Ordinance Section 5.3.4: "the maximum height of any fence is 6 feet from the ground." Relief will be needed to construct retaining walls >6' tall for grading purposes, 48" fall protection fencing on top of walls for safety purposes, a 7 tall solid cedar board fence along Sunset Road for screening purposes, and a 7 tall solid cedar board fence around the recycling area for screening purposes. Woburn Zoning Ordinance Section 28.3 provides the City Council the authority to grant this relief.; 5. The Applicant has requested relief from Woburn Zoning Ordinance Section 28.8.3: "the minimum pavement width for any road, driveway or access aisle shall be 20 feet for one-way traffic and 24 feet for two-way traffic." Relief will be needed for the townhome common driveways which are proposed to be two-way with a 20' paved width to minimize impervious surfaces. Woburn Zoning Ordinance Section 28.3 provides the City Council the authority to grant this relief.; 6. In addition, the Applicant requests approval of all signage as set forth on the Plans filed with the Application.; B. That the City Council makes the following findings pursuant to 1985 Woburn Zoning Ordinances, as amended, Section 28.14.4: 1. The ways providing vehicular and pedestrian access have the capacity to provide safe ingress and egress to property and proposed structures thereon and uses thereof with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and emergency access in case of fire, emergency or catastrophe. 2. Adequate water, sewerage and drainage facilities exist or will exist to service the proposed use. 3. Adequate off-street parking and loading areas have been provided where required and will not result in undue noise, glare, or odor effects on adjoining properties or on properties generally in the district. 4. Satisfactory provision has been made for snow storage/removal to ensure safety and for refuse collection, disposal and service areas to minimize negative impacts on adjacent uses. 5. Exterior lighting has been designed to minimize glare and any negative impacts on abutting roadways and properties and to be compatible and in harmony with other properties in the immediate area. 6. Appropriate yards and other open space and landscaping have been provided as required and reasonable steps have been taken to insure the privacy of adjacent existing uses. 7. The proposed use is generally compatible in scale and character with adjacent properties and other properties in the district. 8. The proposed use(s) or structure(s) will not detract from the general purposes of this ordinance and either comply in all respects with the provisions of the Woburn Zoning Ordinance or has obtained relief (i.e. waiver, special permit or variance) as may be required. 9. The proposal incorporates additional conditions and requirements as the City Council finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this Ordinance, including but not 28-13 limited to the following: Front, side or rear yards greater than the minimum required by this ordinance; requirements for screening, buffers, planting strips, fences or walls; modification of proposed exterior facades of the structure; limitation upon the size, number of occupants, method and time of operation, or extent of facilities; regulation of the number, size and location of drives, access ways, or other traffic features, and off-street parking or loading, or other special features beyond the minimum required in the ordinance.; C. That the following conditions shall apply to the special permits: 1. The Applicant shall construct and improve the site as substantially described in the plans submitted with the Special Permit Application entitled: "Site Plan for Highland at Vale, Multifamily Community, Technology and Business Mixed Use Overlay District (TBOD) The Vale, Woburn, Massachusetts" Sheet No. 1 dated April 30, 2020 last revised November 23, 2020; Sheet No. 2 dated April 30, 2020 last revised November 23, 2020; Sheet No. 3 dated April 30, 2020 last revised November 23, 2020; Sheet No. 4 dated April 30, 2020 last revised November 23, 2020; Sheet No. 5 dated April 30, 2020 last revised November 23, 2020; Sheet No. 6 dated April 30, 2020 last revised November 23, 2020; Sheet No. 7 dated April 30, 2020 last revised November 23, 2020; Sheet No. 8 dated April 30, 2020 last revised November 23, 2020; Sheet No. 9 dated April 30, 2020 last revised November 23, 2020; Sheet No. 10 dated April 30, 2020 last revised November 23, 2020; Sheets No. 11-18 dated April 30, 2020 last revised November 23, 2020; Sheet No. 19 dated April 30, 2020 last revised November 23, 2020; Sheet No. 20-28 dated April 30, 2020 last revised November 23, 2020; Sheets V-101- V104 dated April 13, 2020; Sheet No. L1.0 dated April 30, 2020 last revised October 28, 2020; Sheets No. L1.1-L1.2 dated April 30, 2020 last revised October 28, 2020; Sheet L2.0 dated April 30, 2020 last revised October 28, 2020; and Sheets No. A-1-A-27 dated April 30, 2020; prepared by Civil Design Group, LLC, 21 High Street, Suite 207, North Andover, MA 01845. (hereinafter the "Site Plan") although design adjustments and modifications generally associated with: (i) preparing so-called "working drawings" or (ii) site conditions shall be permitted so long as such changes do not constitute substantial changes from said plans as determined by the Building Commissioner. In the event that the Building Commissioner determines that the building plans filed with the Building Permit Application are not in substantial conformance with the Site Plan, the Applicant may request a review of said plans by the City Council Special Permits Committee who shall make a final determination. If the Special Permits Committee makes a determination that the proposed plans are not in conformance with the Site Plan, the Applicant shall be required to file a Special Permit Petition seeking approval to modify the Site Plan.; 2. This project shall not exceed 197 units of which 75 units shall be townhouses.; 3. All exterior building illumination shall be dark sky compliant and shielded to minimize excess light glare towards abutting properties.; 4. Except in the event of an emergency, work on the exterior of the site shall be from 7:00 a.m. - 6:00 p.m. Monday through Friday, and 8:00 a.m. - 5:00 p.m. on Saturdays. No work on the exterior of the site shall be permitted on Sunday, or state and federal holidays recognized by the City of Woburn.; 5. There shall be adequate rodent control in place prior to commencement of any site disturbance and maintained throughout all site development and construction phases. The Applicant shall provide monthly rodent control reports to both the Board of Health and the Department of Inspectional Services.; 6. The Applicant must comply with the Requirements of Section 11.11 of the Zoning Ordinance (Affordable Housing Requirement) relative to the creation of thirty (30) affordable housing units.; 7. A seven (7) foot in total height including lattice topper cedar privacy fence shall be installed along Sunset Road as shown on the Site Plan. Said fence shall be maintained in perpetuity by the Condominium Association. In addition, tree plantings on the Sunset Road side of fence shall be eight (8) feet in height when planted and shall primarily be a combination of White Fir, Green Giant Arborvitaes and Blue Spruce as shown on the approved Landscape Plan.; 8. The Applicant shall provide for gated emergency access following the existing driveway along the MWRA easement from Forest Street as part of the master planned redevelopment of the Vale with keys provided to the Woburn and Winchester Fire Departments only. Provided that the Applicant is able to provide said emergency access no additional access shall be allowed to and from the Site to Sunset Road in Winchester. Nothing in this condition shall be construed to interfere with the MWRA's existing rights to access its easement.; 9. All dumpsters, if any, shall be enclosed, by means of a fence, wall or landscaping in compliance with the Woburn Zoning Ordinance and Title 8, Section VII 8-17 of the Woburn Municipal Code. In addition rodent control measures in connection with any dumpsters shall be in place and maintained.; 10. As-built plans shall be provided at the conclusion of the project to the satisfaction of the Engineering Department and Department of Inspectional Services. In addition, the Applicant shall provide interim as-built plans as required during permitting coordination with the City Engineer and Building Commissioner.; 11. Landscaping shall be installed substantially in conformance with the Landscaping Plan as submitted by the Applicant to the City Council, except as otherwise provided for in these Conditions. Such landscaping shall be maintained, repaired or replaced by the Applicant and/or its successors and assigns, as needed to maintain compliance with such Landscape Plan and other applicable requirements.; 12. During the period of construction and for ongoing marketing purposes, notwithstanding any pre-conditions for the issuance of a Building Permit or Certificate of Occupancy otherwise set forth herein, the Applicant shall be entitled to designate and utilize for marketing purposes (on a temporary or permanent basis) several of the units as decorated model units for sales purposes. The model units and sales office(s) shall be subject to the usual requirements of the Building Commissioner with respect to building and fire code compliance.; 13. In addition to those permanent signs approved in connection with the Project and subject to building department approval, the Applicant may display, on the Project property, temporary construction, marketing, or for sale signs stating appropriate marketing information. All signage plans shall be as shown on the submitted Highland at Vale Signage Package revised 2020-09-04 and subject to Section 28.10 of the Woburn Zoning Ordinance.; 14. The Project is contingent upon the issuance of an Order of Conditions by the Woburn Conservation Commission (and/or Superseding Order of Conditions issued by MassDEP) pursuant to the Massachusetts Wetlands Protection Act, and implementing regulations (310 CMR 10.00 et seq.), and shall comply with the Massachusetts Department of Environmental Protection Stormwater Policy. Any material changes required in the Project as a result of the issuance of an Order of Conditions, shall be reviewed by the City Council pursuant to Condition One.; 15. The Applicant, its successors and/or assigns, shall be responsible for the installation, operation, and maintenance of all aspects of the common facilities described herein, including, but not limited to, driveway and sidewalk maintenance, snow plowing and rubbish removal.; 16. Prior to the request for the last Certificate of Occupancy for the residential units, all Phase 1 Improvements described in the Development Agreement by and between the City of Woburn and Montvale Land LLC dated November 21, 2019 (the "Development Agreement") must be substantially completed by Montvale Land LLC as follows: Montvale Avenue Improvements: 1. Upgrading Montvale Avenue at Hill Street/I-93 SF Off-Ramp, the Montvale Avenue at I-93 NB Ramps, and the Montvale Avenue at Maple Street/Unicorn Park Drive to provide for an adaptive traffic signal system.; 2. Widening Hill Street: i. At Montvale Avenue to provide two exit lanes and one entrance lane; and ii. To construct a traffic rotary to improve the traffic flow entering the Site from Hill Street.; 3. Installing Pedestrian accommodations along Hill Street that integrate with the current Montvale Avenue pedestrian network.; 4. Decommission all existing wells on the Property and abandon the water lines running from the wells to the existing building, under the auspices/guidance of the Department of Environmental Protection.; 17. Prior to the request for the final Certificate of Occupancy for the last residential unit, the Applicant shall make a one-time payment to the City of Woburn in the amount of $197,000.00 as the Multifamily Residential Development Contribution as described in the Development Agreement. The Multifamily Residential Development Contribution shall be used by the City, acting by and through the City Council, to assist the City in the identification and implementation of zoning, economic and other strategies to foster professional, retail and commercial development incentives as well as the development of affordable housing and the funding of the implementation of the goals and objectives set forth in the Housing Production Plan adopted by the City of Woburn on September 15, 2017. The payment of the Multifamily Residential Development Contribution by the owner of any Development Parcel containing residential use is made in recognition of the benefits of the Property of such undertakings by the City.; 18. The Applicant shall submit monthly construction reports to the City Council, Building Commissioner, City Engineer, Fire Department and Conservation Commission.; 19. This special permit is subject to the conditions outlined in Exhibit C Paragraph A(a) Phase 1; Paragraph A(d) 2, and Paragraph B and Paragraph C of the "Development Agreement" executed on November 21, 2019 between Montvale Ave, LLC and the City of Woburn.; 20. Any blasting on site will follow all State Guidelines. Pre- blasting inspection surveys shall be offered to the owners of any structure within 250 feet of the blasting.; 21.Condominium Association by-laws shall not prohibit a unit owner's ability to install solar roofing.; 22. In recognition of the existing vegetation that will be impacted by the project, the Applicant shall adhere to the approved comprehensive landscape plan prepared by Bohler Engineering as most recently revised on October 28, 2020, which includes 340 proposed trees and 1,237 proposed shrubs and also adhere to the green building techniques pursuant to Condition 24 below.; 23. Sidewalks for the development will be bituminous and all curbing will be bituminous Cape Cod berm as shown on the approved plans pursuant to Condition One.; 24. Buildings to be designed and constructed in accordance with target Greenhouse Gas emission reductions as set forth in the Project's FEIR and MEPA Certificate #15923. Upon construction of the buildings, the Applicant shall have the buildings modeled and tested to ensure compliance with target Greenhouse Gas emission reductions. Buildings will incorporate the following green building techniques helping to achieve the targeted greenhouse gas reductions: a. All buildings, both townhomes and multi- family buildings, will be designed to be solar-ready with the appropriate structural capacity and electrical infrastructure to support PV systems at a future date., i. Condominium documents will not prohibit a unit owner's ability to install solar, ii. Although it is not a condition of this Special Permit, the Applicant shall seriously investigate installing solar PV on the multi-family building rooftops., b.The Applicant shall install a dual electric vehicle charging station to the multi-family building parking area and offer for sale an optional electric car charging outlet in the garage to all townhome unit purchasers, c. The Applicant shall provide water conservation fixtures including low-flow faucets in bathrooms and kitchens and low flow showerheads and toilets in bathrooms, d. The Applicant shall provide Energy Star qualified appliances, e. The Applicant shall provide energy efficient LED lighting, f. The Applicant shall provide Low E - energy efficient windows and insulation specs creating a high performance building envelope., g. The Applicant shall provide energy efficient heating and cooling equipment with programmable thermostats.; 25. New 16 Inch water transmission main to be installed prior to Occupancy. New Meter 200 installation shall be completed within six (6) months of completion of MWRA Section 89 water main work.; 26. As outlined in the "Development Agreement" on November 21, 2019, Montvale Land LLC, the master developer shall work with the city council to identify mutually agreeable locations on portions of the overall Vale property for recreational activities, and the master developer shall designate such areas in connection with obtaining special permits and/or site plan review approval from the council for each Phase pursuant to the overlay zoning.; 27. A Dust Management/Mitigation plan for dust control during all phases of sitework/ construction shall be filed with the Department of Inspectional Services.; 28. A "no rise" analysis has been completed in connection with the overall Vale Project which shows that the overall Vale Project will not result in an increase in flood levels during the base flood (100- year) event. A "no rise" certificate, prepared and certified by a registered professional engineer shall be provided to the communities of Woburn, Stoneham and Winchester prior to construction.; and D. The City Council finds the benefits set forth in the document entitled "The Vale - Summary of Project and Public Benefits"; ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Abstained, Dillon - Yes; Ferullo - Yes; Gately - Abstained; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 18 (PDF)

Committee Reports — Public Safety and Licenses

The committee report be adopted — On the petitions for renewal of First Class Motor Vehicles Safety Licenses by c.n. Wood Company, Inc.; Lannan Chevrolet, Inc.; and Woodco Machinery, Inc.,...

Minutes, page 23

ApprovePassed · Unanimous, 9 present

Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 23 (PDF)

The committee report be adopted — On the petitions for renewal of Second Class Motor Vehicles Safety Licenses by Joseph P. Mahoney Company, Inc.; and Tracy M. Batten dba Tracy's Auto Sales;...

Minutes, page 23

ApprovePassed · Unanimous, 9 present

Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 23 (PDF)

The committee report be adopted — On the petition for renewal of Second Class Motor Vehicle Sales License by Murray's Enterprises, Inc. dba Murray's Auto & Truck Sales, committee report was...

Minutes, page 23

ApprovePassed · Unanimous, 9 present

Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 23 (PDF)

The committee report be adopted — On the petition by Roman Limousine for renewal of Livery License, committee report was received "ought to pass with any existing conditions and restrictions and...

Minutes, page 23

ApprovePassed · Unanimous, 9 present

Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 23 (PDF)

Committee Reports — Personnel

The committee report be adopted — On the appointment of Rosemarie Valente-Hubbard as a Member of the Commission on Disability, committee report was received "ought to pass"

Minutes, page 23

Confirm appointmentPassed · Unanimous, 9 present

Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 23 (PDF)

Citizen’s Participation

Suspend the rules to accept the petition as a late filing

Minutes, page 24

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd to suspend the rules to accept the petition as a late filing, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd to suspend the rules to accept the petition as a late filing, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 24 (PDF)

The matter be referred to Committee on Liaison — Request by D. Andrews, 164 Green Street for the City Council to schedule time for the petitioner to address the City Council relative to management...

Minutes, page 24

ProceduralPassed · 8–1

Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON LIAISON, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - No; Higgins - Yes.

Yes: Campbell, Concannon, Demers, Dillon, Ferullo, Gately, Higgins, Mercer-BruenNo: Tedesco

From the minutes

“Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON LIAISON, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - No; Higgins - Yes..”

Read it in the official minutes, page 24 (PDF)

Return to the regular order of business

Minutes, page 24

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd to return to the regular order of business, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer- Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd to return to the regular order of business, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer- Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 24 (PDF)

Communications and Reports

The matter be received and placed on file — A communication dated December 1, 2020 was received from John W. Parsons, Executive Director, Public Employee Retirement Administration Commission...

Minutes, page 24

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 24 (PDF)

Motions, Orders and Resolutions

The matter be referred to public hearing — Order: As amended, be further amended as follows: 1

Minutes, page 25

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 25 (PDF)

The matter be referred to Committee on Liaison — Resolve: Whereas, for 169 years the Woburn Police Department has provided vital services to the citizens of our city; and Whereas, the Woburn...

Minutes, page 27

ProceduralFailed · 1–7

Motion made and 2nd that the matter be referred to Committee on Liaison, ROLL CALL: Campbell - Yes; Concannon - No; Demers - No, Dillon - No; Ferullo - Abstained; Gately - No; Mercer-Bruen - No; Tedesco - No; Higgins - No.

Yes: CampbellNo: Concannon, Demers, Dillon, Gately, Higgins, Mercer-Bruen, TedescoAbstained: Ferullo

From the minutes

“Motion made and 2nd that the matter be referred to Committee on Liaison, ROLL CALL: Campbell - Yes; Concannon - No; Demers - No, Dillon - No; Ferullo - Abstained; Gately - No; Mercer-Bruen - No; Tedesco - No; Higgins - No..”

Read it in the official minutes, page 27 (PDF)

The Resolve be amended by adding the words "the City Council of" after the words "Be it Resolved that" and before the words "the City of Woburn," and that the words "when any proposals are...

Minutes, page 27

ApprovePassed · 8–0

Motion made and 2nd that the Resolve be amended by adding the words "the City Council of" after the words "Be it Resolved that" and before the words "the City of Woburn," and that the words "when any proposals are presented that seek to defund police departments or diminish their rights in regard to civil service procedures, collective bargaining, labor management and qualified immunity" be deleted, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Abstained; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

Yes: Campbell, Concannon, Demers, Dillon, Gately, Higgins, Mercer-Bruen, TedescoAbstained: Ferullo

From the minutes

“Motion made and 2nd that the Resolve be amended by adding the words "the City Council of" after the words "Be it Resolved that" and before the words "the City of Woburn," and that the words "when any proposals are presented that seek to defund police departments or diminish their rights in regard to civil service procedures, collective bargaining, labor management and qualified immunity" be deleted, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Abstained; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 27 (PDF)

The resolve be adopted, as amended — Resolve: Whereas, for 169 years the Woburn Police Department has provided vital services to the citizens of our city; and Whereas, the Woburn Police Department...

Minutes, page 28

ApprovePassed · 8–0

Motion made and 2nd that the RESOLVE be ADOPTED, AS AMENDED, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Abstained; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

Yes: Campbell, Concannon, Demers, Dillon, Gately, Higgins, Mercer-Bruen, TedescoAbstained: Ferullo

From the minutes

“Motion made and 2nd that the RESOLVE be ADOPTED, AS AMENDED, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Abstained; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 28 (PDF)

A copy of the Resolve be sent to State Senator Jason M. Lewis State Representative Michael S. Day of the Winchester State delegation to the State House

Minutes, page 28

ApprovePassed · 7–0

Motion made and 2nd that a copy of the Resolve be sent to State Senator Jason M. Lewis State Representative Michael S. Day of the Winchester State delegation to the State House, ROLL CALL: Campbell - Absent; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Abstained; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

Yes: Concannon, Demers, Dillon, Gately, Higgins, Mercer-Bruen, TedescoAbstained: FerulloThe roll call lists Joanne E. Campbell as absent for this vote.

From the minutes

“Motion made and 2nd that a copy of the Resolve be sent to State Senator Jason M. Lewis State Representative Michael S. Day of the Winchester State delegation to the State House, ROLL CALL: Campbell - Absent; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Abstained; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 28 (PDF)

Adjourn

Minutes, page 28

ProceduralPassed · Unanimous, 9 present

Motion made and 2nd to ADJOURN, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes.

From the minutes

“Motion made and 2nd to ADJOURN, ROLL CALL: Campbell - Yes; Concannon - Yes; Demers - Yes, Dillon - Yes; Ferullo - Yes; Gately - Yes; Mercer-Bruen - Yes; Tedesco - Yes; Higgins - Yes..”

Read it in the official minutes, page 28 (PDF)

From the Woburn City Council’s official journals (its minutes), posted on the city’s Minutes & Agendas page (City Council). We check every vote against the councilors present and quote the exact wording. MassVoter never grades or scores officials. Photos (the city’s website has no councilor photos): Robert Toro, Joseph Demers (courtesy of each), Jeffrey Dillon, Lou DiMambro and Charles Viola from Woburn Patch (2019–2023); Yano Amara (December 31, 2025) and Darlene Mercer-Bruen (July 23, 2021, captioned group photo, cropped) from the Daily Times Chronicle; William Pappalardo and Robert Ferullo cropped from the Daily Times Chronicle’s captioned 2026 City Council photo (January 7, 2026). Former councilors show initials.

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