Jul 26, 2014

Neighbors Present 'Reasonable Concerns' for 40B Project

Document presented to developers last week.


The has residents voicing their opinion at public meetings and on forums, such as

Aldermen Mike Raymond and Richard Gately presented "reasonable concerns" for the project at last week's Board of Appeals meeting.

Those concerns are reprinted here in their entirety:


Reasonable Concerns

Zoning Board of Appeals Public Hearing

Thursday, March 15, 2012

Woburn Heights — 1042 Main Street

Michael L. Raymond, Alderman Ward 6

Richard F. Gately, Jr., Alderman Ward 2


Mr. Chairman and members of the Woburn Zoning Appeals Board we, the neighbors that will be affected most by the construction phase of the planned 40B development at 1042 Main Street, 0 Briarwood Road, and 7 Driftwood, in Woburn, MA have reviewed the following;


(a) The Development Impact Statement: dated 1/27/12

(b) Engineering Certificate: dated 1/27/12

(c) Comparison Summary Memo: dated 1/27/12

(d) Drainage Report: dated 1/27/12

(e) Site Development Plan: dated 1/30/12


And offer for your consideration the following reasonable concerns that we believe will soften the impact on our health, safety and welfare before, during and after the construction phase of the proposed project.  It is our hope that the action the Zoning Board of Appeals will take, will be to attach these reasonable concerns as conditions to the Modification of the Comprehensive Permit for 1042 Main Street, 0 Briarwood Road, and 7 Driftwood, in Woburn MA. In putting together this list we tried to capture the reasonable concerns of the residents who will experience a significant disruption to their health, safety and welfare over the next four years.



1-Construction stated within the 40B permit will not commence until a complete blasting plan is submitted and approved in writing by the Woburn Fire Chief.


2-Construction stated within the 40B permit will not commence until a complete pre-blast survey is completed within a 350 ft. radius of the property. Blasting will not commence until the blasting plan is approved by the Woburn Fire Chief and a copy of said plan along with a blasting schedule is distributed to the abutters.


3-Prior to the issuance of any blasting permit the petitioner shall provide to the City of Woburn a letter of credit in the sum of Five Hundred Thousand and 00/100 ($500,000.00) for the creation of a Blasting Fund.  The fund shall be administered in a manner approved by the Woburn Zoning Board of Appeals.  Building permits cannot be issued without the methodology of the blasting fund established and approved by the Woburn Fire Chief.  Said blasting fund is established for the purpose of funding blasting damage claims that may be submitted by any complainant as a result of blasting damage alleged to be caused by the blasting on the premises. The Bond will be used to mitigate blasting damage after the normal 90 days after blasting.


4-Construction stated within the 40B permit will not commence until a fill removal operations and maintenance plan is approved by the City of Woburn Engineering Department. The plan will include;


(a)  Hours of operation 8:00 a.m. to 4:00 p.m. Monday through Friday.

(b)  An approved process to control dust and excessive noise.

(c)  A monthly outside house cleaning of all abutting properties.

(d) A truck route that will specify that truck(s) leaving the site with fill 

      will turn left (Toward Wilmington) and proceed north on Rt 38.

(e) A truck route that will specify that truck (s) will access the site 

      traveling south on Rt 38 (From Wilmington).

(f)   No vehicles allowed to idle on site more than 10 minutes.

(g) No more than 6 fill removal tucks on site at one time. None of which will be parked on the street.

(h) Anticipated cubic yards total to be removed



5-No grinding (re-sizing) of blasting debris will be allowed on the construction site. All blasting debris will be removed from the property and if needed will be resized at a different location. 


6-Prior to commencement of construction, the Petitioner shall develop institute a written pest control plan under the supervision of a licensed pest control company.


7-Construction stated within the 40B permit and modification will not commence until a written approval is received from the State of Massachusetts to use the Main Street Drains as part of the Storm Water Drainage Plan dated 1/27/12, and a NASPY permit is approved.


8- Construction stated within the 40B permit and modification will not commence until the petitioner agree to construct a pumping  station in a location approved by the DPW that will insure that the construction of the 40B project will have little or no effect on the water pressure in the surrounding neighborhoods. The pumping station will have a backup gas powered generator in case of power failure.


9-Exterior construction activities on the site shall not commence prior to 8:00 a.m. and shall cease no later than 4:00 p.m. Monday through Friday. This condition shall not apply to any work performed by any public utility. 


10-During the site redevelopment and construction phases, the Petitioner shall maintain all adjoining roadways free and clear of all debris.


11-7 Driftwood included in the modified plan will only be used as a gated emergency entrance/exit at the completion of the project. The design as proposed must be approved in writing by the City of Woburn Fire Chief prior to the start of construction. Construction vehicles and Construction worker vehicles are not allowed to use this as an entrance/exit before, during and after the completion of the project except for the construction of the emergency entrance.


12-During the construction phase of the project a temporary 6 ft. solid fence be installed along the Main Street abutters property lines to act as a barrier.


13-To insure the safety of the Residents and School Children the petitioner will supply a police detail during all phases of construction.


14-All dumpsters and waste containers shall be enclosed, by means of a fence, wall or landscaping in compliance with the Woburn Zoning Ordinances.


15-All exterior building illumination shall be shielded in such a manner that will prevent direct light from impacting any abutting properties.


16-Any utility service that will not be reused will need to be cut and caped at their respective mains.


17-Prior to the issuing of the occupancy permit a retention pond maintenance plan will be submitted in writing and approved by the City of Woburn Engineering Department and the City of Woburn Department of Public Works or an Independent Consultant hired by the City of Woburn and paid for by the Petitioner.  The plan will include a schedule of planned maintenance.


18-The petitioner will be responsible to replace the sidewalks on the Main Street and Driftwood Street side of the project with cement sidewalks and granite curbing.  The sidewalks will be handicap accessible.


19- A 6 ft. perimeter fence to be constructed of black vinyl heavy gauge chain link with a 45 degree top section to prevent children climbing over. (D4 #16 states a 4 ft. fence) should be a 6 ft. fence.

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