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Minutes of Council Workshop dated Sept 3, 2019WORKSHOP MEETING OF THE AGAWAM CITY COUNCIL Minutes dated September 3, 2019 The Workshop Meeting was called to order by Council President Johnson at 7:45pm in the Auditorium of the Agawam Junior High School, 1305 Springfield Street in Feeding Hills. Item A. Roll Call ROLL CALL – 9 PRESENT, 2 ABSENT (Councilors Letellier and Mineo) The following councilors were present: George Bitzas, Council Vice President Cecilia Calabrese, Paul Cavallo, Council President Christopher Johnson, Robert Magovern, Dino Mercadante, Robert Rossi, Rosemary Sandlin and Anthony Suffriti. Absent were Councilors Gina Letellier and Joseph Mineo. Council President Johnson stated that the purpose of the workshop was to discuss TOR-2019-6, TOR-2019-7, TOR-2019-8 and TOR-2019-9. Council President Johnson stated that there are some potential conflicts with respect to two of the ordinances. At least three councilors have a conflict with Residence A-3 and/or Business A properties so for this reason, Council President Johnson has requested a written opinion from the Solicitor. Until then myself as Council President Johnson as well as Council Vice President Calabrese and one other councilors will not discuss this item until we received the Solicitor’s opinion. For the record, Council President Johnson filed a disclosure for this workshop to say the information already said. 1. TOR-2019-6 (PH-2019-5) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance regarding personal wireless facilities and towers (Mayor Sapelli) This ordinance is a modification to bring the current ordinance up to current law. The Mayor stated this had fallen through the cracks in the last administration and it defines that the major modifications are to stay compliant with federal law. Councilor Sandlin stated that as a member of the Zoning Committee this ordinance puts us in compliance with federal statute and regulations on how we can limit wireless facilities. 2. TOR-2019-7 (PH-2019-6) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance regarding Permitted Uses in Business A Districts (Planning Board) This is amending zoning relative to A-3 that allows for apartments and condominiums. Currently eight units are allowed per acre or two story buildings. This would change it to allow up to three story buildings and/or twelve units. This would pertain to 20 acre and over in size. Council President Johnson stated that there was only once parcel in Agawam that is greater than twenty acres. Councilor Mercadante believed there were two in town – both on the same street. Council President Johnson said with taller buildings brings greater density. Councilor Sandlin expressed that she was not in favor of this. She spoke with the Building Inspector and asked him if they would have both front and back egresses and he stated these would not be required. They also do not need to have an elevator. How would this be considered a luxury apartment? This is not what she wants to see for our town. Councilor Cavallo said he would have questions for the developer during the Public Hearing and wanted a traffic study and to know more about the actual company in question. Is there a market for this type of rent and this doesn’t look like a luxury complex to him either. This is a big project and should not be taken lightly. Council President Johnson stated this is merely a zoning amendment and the Mayor is the sponsor – not the developer. This is not a proposal to build, it is merely an amendment. The developer may not even show up nor is he required to do so. Councilor Rossi stated he was not inclined to change the zone as he believed it to be a bit drastic. He would like to see what the Mayor had in mind and get more information. Councilor Bitzas stated this was not meant for families but more for the business professional and people without children. At this time he does not see it as a negative but looks forward to hearing from the Mayor at the Public Hearing. Councilor Magovern stated he was on the fence and had more questions. He wondered if this would increase the tax base with minimal impact on services. Councilor Sandlin said that this was a blanket zone change without knowing all of the impacts from Police and Fire departments. Councilor Mercadante said the one thing we do know is the lot size of twenty acres. This is not geared toward smaller neighborhoods – only on lots with large acreage and they are expansive with no encroachment issues on existing buildings. Councilor Suffriti went to the Housing Committee meetings and the zoning needs to have control in certain areas to raise our low income housing percentages. Inclusionary zoning gives us more control. The town can set certain circumstances. We really should look at this closely – what are the town’s benefits to passing this? Councilor Mercadante said that over half of these units were going to be one bedroom units. Council President Johnson said the fundamental problem is that this changes our underlying zoning. The current owners came to us years ago to change the zoning to allow for condominiums. Now they are coming to us with new buyers asking to change the zoning again. Essentially the new owners could change their mind down the road and build something entirely different. A judge would never agree with the arbitrary ruling of limiting it to 20 acres or more. Small acreage owners could challenge this in court. I would approach this ordinance with great trepidation as there are no guarantees if we change this that the owners will actually build this. Councilor Sandlin stated we would need to be careful of three bedroom units which could bring in people with children entering our school system. Councilor Rossi said we are here to change the underlying zoning and this would open up a whole other can of worms. He believes we should approach this differently and maybe think about a Special Permit with conditions. Usually when we do a zone change we have a specific plan in front of us to do that zone change. Council President Johnson summarized what he heard for this item and will send a memo to the Mayor: Additional information from Police and Fire Departments Possibly look at allowed with a Special Permit not a permanent zone change What would the potential impacts be Can the Special Permitting Authority make special requests and/or conditions What are the number of parcels over twenty acres in town and A-3 zoned property inventory Councilor Mercadante inquired about a hardship special permit and Council President Johnson said these would be variances and special permits which are governed by the zoning ordinance itself. We are not faulting the existing property owner however we were previously sold on the original zone change to build condos and now we have this. 3. TOR-2019-8 (PH-2019-7) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance regarding Use Restrictions in Residence A-3 Districts (Mayor Sapelli) No discussion. 4. TOR-2019-9 (PH-2019-8) - An Ordinance to amend Site Plan Review requirements pursuant to Chapter 180 of the Code of the Town of Agawam (Planning Board) Council President Johnson explained that this was essentially about two changes (1) the required ten copies of the Site Plan is being reduced to four copies and one electronic copy and (2) includes storm water and storm drain requirements to bring up to state and federal compliance. Council President Johnson reiterated the potential conflicts for anyone with any interest in the Business A and Residence A3 or with an immediate family member. We need to have eight capable councilors to be able to vote on this item and he wants to ensure that all is okay before we have to vote on the item. Motion to adjourn was moved and seconded all around. Meeting was adjourned at 8:22pm.