CC MTG MINUTES SEPTEMBER 18 2017 REGULAR MEETING OF THE AGAWAM CITY COUNCIL
Minutes dated September 18, 2017
Meeting was called to order by Council President Cichetti at 7:00pm in the Auditorium at the Roberta G. Doering
School,68 Main Street,Agawam.
Item A. Roll Call
ROLL CALL— 11 PRESENT,0 ABSENT
Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, Council
President James Cichetti, Christopher Johnson, Gina Letellier, Council Vice President Joseph Mineo, Donald Rheault,
1 Robert Rossi,Anthony Suffriti and Richard Theroux. With 11 present,there was a quorum.
S Item B. Moment of Silence and the Pledge vfAlleiziance.
Council President Cichetti asked for a moment of silence and the Pledge of Allegiance.
Item C Citizen's Speak Time
The following citizens spoke:
• Billy Chester—asked for an update on the profit/loss of golf course
• Doreen Prouty— commented on the proposed solar ordinance stating it was basically well-written and a great
start but needs to look further at Planning Board and her ZBA comments. She stated it was not realistic to not
have it in agricultural
• William Clark—discussed recent petitions, sidewalk pavement program, updating that program
• Peter McNair—thanked APD, DA's office and Mass State Police for solving the Lisa Ziegart case
• Henry Kozloski—provided information regarding CPA and all that is has done for the town
• Corinne Wingard — Noted the upcoming Meet the Candidate evenings at the library from 5:30 to 7:30.
Tuesday, 10/3 for City Council candidates and Wednesday, 10/4 for mayoral and School Committee
candidates
• Joe Moore — proposed reigniting the anti-bullying campaign in town noting our kids are the future and the
need to stand up against bullies
Item D. Minutes
1. Regular Council Meeting—September 5,2017
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Motion to approve made by Councilor Theroux and seconded by Councilor Cavallo. Voice vote approved.
Item E. Declaration from Council President
Council President asked Councilor Suffiriti to provide a report of the BMI Committee to the Full Council who stated
the committee recently met on Tuesday, 9/12 and hosted Jeff Daley (CJC Development Advisers) who provided an
' overview of the district improvement financing program also known as (DIF). He described how the program could
benefit Walnut Street Ext. The consensus of the committee was that we should further explore creating the DIF district.
There are multiple moving targets going on at once but the first step is creating the DIF district which will also help
real estate groups market the properties (and hopefully attract higher and developers). The BMI Committee has
requested to move forward with creating the DIF district and sent a letter to the Mayor for consideration. If he agrees
and the DIF moves forward, it will eventually come before the City Council for a vote.
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Item F. Presentation of Petitions.Memorials& Remonstrances
' 1. TR 2017-50 - A Resolution authorizing the posting of the warrant for the Town Primary Election on
October 10,2017 and the Town General Election on November 7,2017(Sponsored by Mayor Cohen)
Motion to approve made by Councilor Calabrese and seconded by Councilors Johnson and Letellier.
The vote was 11 YES,0 NO approving the item.
2. TR-2017-51 - A Resolution accepting a FY2018 Traffic Enforcement Grant in the amount of
$10,000.00 from the Executive Office of Public Safety and Security (EOPPS) to the Town of Agawam
Police Department(Sponsored by Mayor Cohen) (Referred to Finance Committee)
Motion to approve made by Councilor Calabrese and seconded by Councilor Suffriti. As Vice Chair of the
Finance Committee, Councilor Calabrese provided a report stating that the committee sent a unanimous
positive recommendation to the Full Council.
The vote was 11 YES,0 NO approving the item.
Item G. Report of Council Committees
None.
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Item H. Elections
None.
Item L_Public Hearings
1. PH-2017-9 (ZC-2017-3) - Petition for Zone Change by Vitaliy Hrom for property located at 1178
Suffield Street, Agawam from Industrial to Residence B (Tabled 9/5/17) (Referred to Legislative
Committee)
Motion to remove the item from the table made by Councilor Theroux and seconded by Councilor Cavallo. Main
motion to approve made by Councilor Calabrese and seconded by Councilor Suffriti. As Chair of the Legislative
Committee, Councilor Theroux provided the report stating his committee sent a negative recommendation to the Full
Council on this item. Council President Cichetti declared the Public Hearing open. No one spoke in favor of the item
or in favor name only and no one spoke in opposition or in opposition name only. Council President Cichetti declared
the Public Hearing closed.
The vote was 0 YES, 11 NO defeating the zone change.
2. PH-2017-10(ZC-2017-4) -Petition for Zone Change by Halladay Farm Trust for property located
' at 311 Shoemaker Lane from Agricultural to Industrial B and Residential A-3 District (Tabled 9/5/17)
(Referred to Legislative Committee)
•
Motion to remove the item from the table made by Councilor Theroux and seconded by Councilor Suffriti. Main
motion to approve made by Councilor Suffriti and seconded by Councilor Johnson. As Chair of the Legislative
Committee, Councilor Theroux provided the report stating his committee sent a negative recommendation to the Full
Council on this item. Council President Cichetti declared the Public Hearing open. Tim Zielinski presented this zone
.� change to the Council stating he and his family has owned this land for 25 years. He does not believe this zone change
constituted spot zoning as mentioned by the Planning Board and he would be willing to do a deed restriction if
necessary. Zachary Thomas of Atlantic Engineers also spoke in favor of the zone change stating the solar array would
be shielded by trees and the as is the land would be a poor location for any buildings. Solar would be a good fit.
Attorney Joseph Pacella also spoke in favor and specifically about there being no credible argument or rational basis
supporting spot zoning. Tim Zielinski also mentioned there was no downside to this zone change. It provided a quiet
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and clean tax base and was a win/win for Agawam. Nancy and William Bobskill of Columbia Drive also spoke in
favor of the zone change. No one spoke in favor name only. Dave Fleury spoke in opposition stating while there were
many good points of the zone change it is not a good use. He lives in the house which would overlook the solar array
and is not in favor. In the long run, it was not in the town's best interests. Carl Pinette also spoke in opposition stating
that he is against all zone changes that would allow solar on agricultural zones. Jean Cresotti mentioned this would
affect a lot of people. William Clark is very concerned with losing agricultural land in town. Elizabeth Maher also
opposed the zone change noting the City Council needs to think of the residents nearby. Dale Boglisch also mentioned
that if no one opposed it,then maybe it could be worked out but you have to think of the neighbors. He would think it
was okay for a Special Permit so it could remain agriculturally zoned. Marsha Pinette also spoke in opposition as did
Aline Stolar, Charlene and Richard Waite who spoke in opposition name only. Council President declared the Public
Hearing closed. Councilor Cavallo stated we needed to look at the tax revenue and the town is really not benefitting
from this and that the Council needs to take its time and do it right. Councilor Calabrese stated the job of the City
Council is the legislative body and we should not be taking action out of fear. She felt it was unfair to make a zone
change in this area and is opposed to the zone change. Councilor Theroux noted he isn't looking at the context of solar
however more importantly at a zone change for this area. Once it is changed, the town has no control over what goes
there. Councilor Rossi stated his feelings on zone changes were quite clear. He also stated industrial is by right solar—
we need to think of what is best for the town and look at the master plan to see if any industrial areas need solar.
Councilor Bitzas opposed it as well. Councilor Johnson stated he wanted to go on record that he isn't against solar
however once we make a zone change, it is changed forever. After the solar array goes away, we have no control on
1 what could go there. Councilor Rheault opposed because it wasn't the best use for the land and doesn't fit.
The vote was 0 YES, 10 NO, 1 ABSTENTION(Councilor Letellier)defeating the zone change.
3. PH-2017-11 (TOR-2017-10) - An Ordinance to amend the Code of the Town of Agawam
Zoning ordinances to add solar energy systems (Sponsored by Councilors Cichetti, Mineo and Suffriti)
I
(I of two readings)(Tabled 915117)(Referred to Legislative Committee)
Motion to remove the item from the table made by Councilor Theroux and seconded by Councilors Bitzas and
Johnson. Main Motion to approve made by Councilor Johnson and seconded by Councilor Suffriti. As Chair of the
Legislative Committee, Councilor Theroux provided his report stating his committee sent a negative recommendation
to the Full Council on this item as they felt it should stay in industrial zone by right. Council President Cichetti
declared the Public Hearing open. Nancy Bobskill spoke in favor of this item stating we needs to move forward as a
town toward clean energy as did Corinne Wingard who stated that allowing this on agricultural allowed farmers to
improve their finances and would work by Special Permit to allow this. We have to think globally and act locally as
Mr. Joseph stated many meetings ago. Tim Zielinski spoke in favor of this as well. No one spoke in favor name only.
Marsha Pinette spoke in opposition to this solar ordinance stating large scale solar facilities need to be put to rest
permanently. Carl Pinette as a representative of Concerned Citizens for Responsible Solar Development spoke against
this item stating that residents shouldn't have to worry about how elected officials watch over the residents. Dave
Fleury also spoke in opposition noting that the town's character has changed over the past years mainly due to
planning and zone changes—these have a direct impact on land in the future. Town now seems fragmented and has no
• clear vision of land use. He also thinks it's a huge mistake to have it go before the ZBA as it no longer is in front of
the voice of the people and hopes it receives a negative vote. Dale Boglisch agreed it could go on agriculture but
shouldn't be in front of the ZBA for a special permit---he feels it should be up to abutters of the parcel. Richard Waite,
Aline Stolar, Dawn Fleury, Elizabeth Maher and Charlene Waite all spoke in opposition name only. Council President
' Cichetti declared the Public Hearing closed. Discussion began with Councilor Bitzas offering an amendment to save
the ordinance from being defeated as there is a great need to have a solar ordinance. He began talking about removing
special permit section and the agricultural zones however Councilor Rossi asked for discussion first. Councilor Rossi
stated that Special Permits were too arbitrary and feels this ordinance should mirror our current zoning. Dept of
Energy Resources discourages large scale solar on open land. We should let our zoning laws stand on its own.
Councilor Theroux hoped the potential amendment would pass which would revert this back to the original legislation
his committee previously brought forward. Once again, the town is late to the game. Councilor Letellier looks at
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Doreen Prouty's comments and also those of the Planning Board. The problem seems to be a lack of consensus
however to completely ignore the comments of those boards is wrong. We need to decide some of these important
specifics before passing or amending this ordinance. Why pass something that is flawed? It puts us farther back—she
believes the people should be surveyed. Councilor Theroux valued Ms. Prouty's comments but as elected officials we
move too slowly. Councilor Bitzas said it would be a big mistake to allow solar in agricultural by Special Permit
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Councilor Letellier said the intent is to protect the town and future home owners. if Special Permit is agreed upon,
then we could have the Special Permitting come before the City Council and not the ZBA. It's rare but doable. She
was not ready to take a vote on this item as it needs to be more defined and some of the councilors are imposing their
own thoughts on the whole town. Councilor Jobnson echoed Councilor Letellier's thoughts about getting a consensus
before voting on this ordinance. Depending on the consensus, we need to take the time to incorporate the comments of
the Planning Board and ZBA. If the consensus was just to have it in industrial zones, then we should rewrite the
ordinance. Councilor Rossi doesn't know where Ms. Prouty is coming up with small, medium and large solar arrays
and why they need to be defined. The issue is what to do with large scale solar. Councilor Cavallo expressed
confusion on how to hear from the people as only a few show up at our meetings and express their feelings. Councilor
Mineo noted this ordinance is a good start and we have to start somewhere. Councilor Bitzas made a Motion to
Amend which was seconded by Councilor Calabrese. The amendment was to remove the second sentence of§180-
150(b)and remove in its entirety §180-150(c). Councilor Letellier reminded that any amendments over ten words must
be in writing to which they said it's not adding any wording only removing. Councilor Rossi mentioned there were
other things in the ordinance which differed from the original and felt it should be defeated and revert back to original.
Councilor Johnson reminded everyone this required a second reading. If Councilor Bitzas' amendment passes, that
would show consensus of the Council which is a good first step. We could fix it before the second reading and make
amendments at that time. It seems to be a constructive way to move forward. Councilor Theroux stated as Chair of
the Legislative Committee that he agreed with Councilor Johnson and offered the idea of using legal funds in City
g I�' ge g h'
Council budget to hire an independent attorney to work with the Legislative Committee to craft the ordinance. We are
on the right road in his opinion.
The vote on the amendment was 9 YES, 1 NO (Councilor Johnson), 0 ABSENT, 1 PRESENT (Councilor Letellier)
approving the amendment.
The vote on the Main Motion as amended 9 YES 1 NO Councilor Johnson 0 ABSENT 1 PRESENT Councilor
Letellier)approving the first reading as amended.
Item I. Old Business
1. TOR-2017-9 -An Ordinance to amend Chapter 180 of the Code of the Town of Agawam—Temporary
Moratorium on recreational marijuana establishments (Sponsored by Mayor Cohen) (Second and Final
reading)(Referred to Legislative Committee)
Motion to approve the second and final reading made by Councilor Calabrese and seconded by Councilor Letellier.
Councilor Letellier provided an update from a seminar she attended and questioned where this money will go that has
to go into special accounts for the business. Councilor Rossi believes this to be redundant but wouldn't hurt to have it
however he believes we really should be looking at whether or not we really want this in town. Councilor Letellier
keeps hearing take the extra tax money but in reality the town only gets a little of that money. She agrees there should
be a committee to meet with people about this as it is a public safety issue. Councilor Theroux sees it as a zoning
issue.
The vote was 11 YES,0 NO,0 ABSENT approving the second and final reading.
Item K. New Business
' 1. TR-2017-52 - A Resolution accepting a grant in the amount of $12,000.00 from the Agawam Dog
! Owners Group (A-DOG) to the Town of Agawam for installation of the Agawam Dog Park Lighting
System (Sponsored by Mayor Cohen)
Referred to Finance Committee,next Agenda.
2. TR-2017-53 - A Resolution accepting a grant in the amount of$23,917.24 from the Agawam Lions
Club for the Perry Lane Playground Project(Sponsored by Mayor Cohen)
Referred to Finance Committee,next Agenda.
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Item L. Any other matter that may legally come before the City Council.
Council President Cichetti mentioned that during the Agenda Review with the Mayor, the Mayor stated the Council
' needs to come up with a plan of what to do with the Golf Course roof and once we have a consensus, we should send
him a letter. Council President Cichetti would like input and thoughts from the City Council. Councilor Bitzas
expressed gratitude on the great job done at Soldier On and for our veterans who deserve the best. Councilor
Calabrese also attended the Soldier On ceremony and the great job done. We need to welcome these veterans into our
community. She also said her heart goes out to the Ziegart family. Councilor Mineo commended Rosemary Sandlin
for the Soldier On facility and that without her efforts; it would never have gone in. She played a huge part in getting
Soldier On going. Regarding the Golf Course roof— something needs to be done there. We need to decide what we
want to do with that—either be in the business or get out. Councilor Rheault brought up an issue with a resident who
was not provided two trash containers when the new ones were delivered over the summer. He has called the Mayor
and DPW stating that the Mayor would not issue the barrels. This resident pays taxes and should get the barrels. It's
rather embarrassing. Councilor Letellier also mentioned she was one of six councilors who attended the Soldier On
ceremony and toured the wonderful units— she was pleased to see this come to fruition. She also thanked the Lion's
Club and other town organizations for donations to the town. Councilor Sufrriti also enjoyed the Soldier On ceremony
and tour. He mentioned he met with Bob Bolduc from Pride about the rundown station on Main Street. Good things
are coming soon and Mr. Bolduc is meeting with the Planning Board in next few months. Also the same with the Twin
Silos buildings—the owner plans to meet with the Planning Board to improve that area. Councilor Johnson thanked all
the local, state and federal officials who helped to bring the fugitive to justice in the Lisa Ziegart case. He believed it
was a culmination of many prayers and hard work. Councilor Rossi mentioned he was also involved before he retired
and congratulated DA Galluni for putting this team together and getting this result. Regarding the golf course, his
feelings are well known and that dilapidated roof did not just happen yesterday. There needs to be an oversight
committee —the course is always behind the 8 ball. The City Council has been very supportive when they come to us
in the past. The building got that way because someone was not paying attention.
Item M. Ad►ournment.
The Motion to adjourn was moved and seconded all around. Meeting was adjourned at 9:37pm.
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TR-2017.50
TR-bllNS1
A RESOLUTION AUTHORIZING THE POSTING OFTHE WARRANT FOR THE
TOWN M.MARY ELECTION ONOCI.OREIt10,2017 AND TIIE TOWN GENERAL AKBOLVO NACCEPr1RGAFFY201JTRAFFICE1dPORCFMF.h'TCRANTINTOMAMIRINTOF
ELECr1ON ON NOVEMBER 7,2017 510.000.06 FROM T]IECAECUTIVEOFFIVP OF TOWN OF AGAWAM,FOI.WF nEPARTVF TECUR7TY ILiOPP51T0 THE
_ fNLxw.wwrd Ihr Mayor Hirhard A.C.Iw.l
WHF:RPAS,the Lw Whw Olrxroft'Wdw Nhiklyand Suurity(LUTS1 IM approndarcimbasaarlrnl 1p NSee
WHEREAS,a vat hasten requested the Ce Clerk ibr tin ofthe wllrrant fbr i10 i,,.n.rAp.- p.,sd whh a[e tk;wrsuaerw Gn Adle6a Lls—bulp)'-Cii,,n o.Ticb ,Yv
o rc9 y tF B 20IN ondilrn+a SahM�(Aa Pafiedfwer.faxad Nilwm biIiutidau kr the It T A19 lrhffe Itfi—av
'he Town Isdmay Election on Odlobcr 10,2017 and the Town General Elea:tinn on\ovemher 7, C[m.:Neermni w,d
III I by The Board of Rcgistrms;and
WHEREAS,sva gaol is to to tleavesed to the Town of Aya wam%>lii+r IkPanmrnt fu[hc heimhafleglMl of
WHERNAS,A is in the best intercs7 of the Town of Agawam to pntperly pnsF writ 'aura assi in tt,c fdlawiagllmmcs.
+w,irrunl for said elecusms;
I. Mah,liraiiuoh-Driver Kober ur Gel Iralkd Over in Uttembrr 201
2. Md,ili®tion.Clich Her Tlrlet in Maylols
_. AteJriliretim.Ori.er Rehear ur L:el lirlka Vrrr in Au➢u#:01g
NOW THEREFORE, THE AGAWAM CITY CVLINCIL hereby T.wlves that `
1 tuthorizLbi is given for posting of the Warrant for the Town Primary EkWon on October 10, wvtElcEAs copPsnnsamnm xea[naaina rarMe La mW I „n a a.hs
1017 and the Town General Election on November 7,2017. wtteKEA&asttl eTata is axibodz=d xadaword=d inr.ahpamce waa grarirguiaelines;and
wi1F.RF.Ayi,xrid�aguwlehoe•dhes uul heN,ure all in-hind erwk}I by tlw Town MAa�wedi.and
7ATED THIS OF ,2017.
WHEREAS,The City of'.lsauam d=•ire.w as«tt,aid gsrvl,and
•� aLR DRDEK OF TFIE AUAW'AM CITY COUNCIL wHEtiEAS,Tkc ityofApparem r,o use the doNR,,H intel,&A and kph pahivh.e..,
W IIFRF:,VS,the gram moues wi11 cut ad=a maximum owipmem award IFS.`.0o0.00{1iw,[hoaoxnd dal kvv aml w
,.I57�,w.minim„.eni—nan,IuuigetuI$5,1U11I(➢rc d—.d 101-and dh—iiol and
hales P,Ckbelti,Presidont W HEREAS.k is in the I-11h.xate.y nod i x.1—I of[nr Lily of Agawam and its 6-1 to ace p he Grant
from The rio,wrive OHice of h"',S>icy and Rvai ry.
APPROVED AS TO FORM AND LEGALITY NOW THLREFORL BE IT RESOLVED,[hot the Ago—C;I}C-ncil pursuant In M.U.L.c.W ISiA r�phs
f this srramurflo/ap lw into the F.=eunre Odice hd Public SaFayand Seccdry ttrcthe fkAs.Lhla>•,�fia 1'xff:d
�! � (htlletuxM zll!'.11ida(N 1;.,tiv..Huv 2018 area hi•r SaM Get Pvl:«ffra,raireni!?h7id muahh„ehan.
lie s0s r;kM.Toney,Sohcilor UVA this_dayo£�
PER ORDER OF THE AGAWAM CI I Y cOLTI01.
lahuy Cichrnr,President
U'1'RU C AS fO FORM.5Sr11.1:0 h1.ffY
I
PetrielM.Toney,iSty Soliciahr
ZC-2017-3
PV.TinON FOR ZONE CHANCE BY OWNER,V(TALIV HKOM FOR PROPFRTI
LOCATED AT 1170 SUFFIELD STREET FROM IMANTRIAL TO RESIDEVIIAL U
ZC-2.0174
WHEREAS,Vj"y Hmm is the OwnetTaIMrerof a parcel of land siwated at 1175 PETITION FOR ZONE CHANGE BY HALLADA)e FARM TRUST FOR PROPERTY
Sub dd 5aee4,AgfLwvm,HampJes f!nwity,M��^h•• ,(See HasnpdcnCounty'kvgh> uC LOCATED AT311 SHOEMAKERLA`4E FROM AGRICUL'LURALTO INDUSTRIAL
ikeds rr,,,-...n..,[208,663,Cl-F 37234}nitich is currerrllu rsnred[nJuslrial;and B AND RESIDENTIAL A-3 DLSTRICT
. WHEREAS,ViaUiy HIM desires m clgngc nnnitg5 of the subject propem•form-,Ix
c
6,rt clacafcalion of Inelwrrial Io the Residatiai H classtfcxlian;and
WHEREAS,Viudiy f ineso pditions tht City of Aga%mn Io olhrw Ile snrirety ofsubject WHEREAS,W%dsy Fhtm Tnun is the oyylxr ofpatuels aflaod known."PamJ I"
property to b.teaDtard an Rcsi&a Lial R;and and"Parcel 2"known as 311 Shoemaker Lane,Agawam,Hampden Courity,Musacbttsetla;and
WHERE.A,%the caning t3sangc is heifl9.quested m allow fotudlimtion of the property W HEREARs H.Haday Farm TnW desim tokeep die waling ofthe subject pmperiy
for icy highest and best uss;and "P—i I"offhe meant dasAiKeatinn.iResidmlial A-3("Parcel1 );end
WHEREAS,it is in the best intorest of the City of Agawam In change The toning ofthe WHEREAS,lkiladay Farm Tnmt tlavel m change rar'trig ofthe wbj=property
propeny loasted at 1178 Suffield Slree[,Agawam,M.4 Lotr.the current Classifrcalion of "Pnrcd 2"rnom dw came.clesaificvAtun of Ay7ieul1umI.CPtlrcet 2aj to InduanialB and
lnd> L—W In dha R�sidenyal D classification. Residential A-3;end
• NOW THEREFORE,the Agawam City Cmneil hereby re ]%ts to change Ilia zoning WTTEREAS,the rtmingchange fmm Agrisaillt.al to lndosmal B and Resudanid A-3
of the subject pr.perry l(watiod at 1178 SuMeld Suee[.Agawam.MA from the currant will allow fudherlwsiness devehrpmenL of the parcel;sad
classificadun of Lndusuial to the Kesidettiai H classifivnban
R'HEREA5,11aHaday From Tlvat petiti.as the City iNAga,yant to aHowthe jmily of
Comet Omter:Vitally[born the subject pmpaty'PwosI 2"to ba rczon.d w Industrial B;and
1'roperry Address:1173 S.Re1d Sm I,Agawam,MA 0 1 N I
A,.—,s Parcel ID!15-1-3 and 15-1-A which is.!lached hereto w Exhibit B am WHEREAS,Holladay Fame Trost pdilions the City ofAgawtann to allow the I-thern
Lnaorporatad herein by ref-- pxdm ofihe snbjecr pwpenty"Pared 2'to be evened es Residential A-3;and
Didod this_day of--- 2017. WHEREAS,ii us in the bear intenni.fth.City of Agawam W sbaw1he mamg 01`311
Shhemaker Lane,Agawam,Hampden County,Massechushars to htdustrial Band Iimkkehid A-3
• PYK ORDER OF TT-1F.AG AWAM C'11 V CGONCZ w its entirety.
NOR'THEREFORR,the Agawrun C:nyC.aaral herby resoWo to c➢oaW the zoning..
the following p-0 FIxad from AgdealpRrd t.lada Mal B mW ResWeuLW A-3 DLateiel;
lames P.C.iclte[ti,president
Gernert Owners MII Hell Fa Tr L
APPROVE. AS TO EOith{AND l.t{;.ALIl'Y Propet'ty Address: Ski Sbotuint iakn anS Agawam,Hainpdeat County.MassudlausL.
A—nuur's Pared IW 1 send 2 which the pimx[s of herd me further drscribod=exhibit
"A"which i.artadhod herero and incamomted bereln by refetenoe.
Patrick M_Tonew City Solici—
Datpl this day of ,-,2017.
TOR-2017-10
aN ORDINANCE TO AMEND THE CODE OF TIIF TOWN OF AGAWAM ZONING
ORDINANCES TO ADD SOLAR ENERGY SYSTEMS
{Sponsored bt Conesellom James P,Ciebevi,Joseph Mmeo and Anthony R.So(friti)
WHEREAS pmsmmt to MGL.Chapter 40A 15,the Agawam City Council may
propose arimnbnents or additions to the Agawam L.onmg Cudc;amd
WHERE AS,solar magy systems,including amtmercW Vuund mounted solar eucrgy
installations am earnantly not defined.regulated or mftteneed in Ile Agawam Zoning Cade;and
WHEREAS,Abe Ton of Agawten cmieutly does not have in place an nTdinarce to
provide simdards for the placemm6 design,construction,operatiim,munituuing,modification
. and removal of utmirnnoid ground moumud.solar energy syslems that addresses public bealdn,
safely and welfare and minimizes impacts on scenic.natural and historic resoumcs and also
provides adequate iinannal sew+.e,e,...for the evermal decommissioning of suet installations nor
is is a4drvted wg%hore r'aifhin the AA--7-nou Coda:saal
WHEREAS,it is in&best interest of the Town of Agawam in amend the Code of the
Town of Agawam m add Solar Energy Systems;and
NOW'I des Agawa n City C.—.)hereby resolcea,-dams and amends
and enavrs the attached Article JO[d entilled Solar Energy Systems to be insetted into lire Code of
the T of Agawam.
DATED
THIS i DAY OF .2017.
PER ORDER OF THE AGAWAM CITY COUNCIL
lames P.Cichm iL President
APPROVED AS TO FORM AND LEGALITY
Patrick IA,Taney,Sulu:ihrc
TOR-2017-9
AN ORDINANCE TO AMEND CHAPTER 100 OF THE CODE OF THE TOWN OF WHEREAS,tiro City Council on February 6,2017 with 10 in Direr.0 nppoa d,i ebaan,voted
AGAWAM-TEMPORARY MORATORIUM ON RECREATIONAL NIARMLIANA to withdraw T'OR4017-1;and
ESTABLISHMENTS
WHEREAS,it suJJ remain in the hest inferrut of the Town of Agawam to adopt a t mpomsry
(Sponsored by Mow Rickard A Coen) morao. an the use of 6smd and structure, in me Town tint Receational Marijuana
Evbbh.hrn n
WHEREAS, by vote at the slate election on No+'rrmher s, 2016, the voters of the '.MOW THEREFORE,the Apt—City Ceumat hereby resolve;ordains and amends and
Commomvealth approved ao ianiaave pelman for a law relative to the regulation and maatum or cnaeb the following amendments to the Cnde of the Town of AVw
mcrsational marijuana;and
"Article XX—Recreational M.1t....£atablishme to
WHEREAS,the passage of the$tarn ballot mahst+ee provided Thal it be edrenive on Dt bw
. 11,1116 and the state Cumalrs Cuatinl Commission was tequired to issoc Togulaticuns Tegardin, '1g6147(A)11Ef+1K111.1
isnple mentat..no laterlban September 15,2017,and "Rcercatioad M.Ajuana Eahbliabmenr shall mean a use operated by ao entity li—scud by
the Cannabis Control Commission, and pwsuaat to all other applicable state laws and
WHEREAS,the Stare tcgiadaturm on Beeercher 2s.2W6 coacbod legislation that would delay the regulations,that acquires,cultivates,possesses,praecssas(including develupmeat of related
above dates with the Carmabis Cununl Ca-mssion required to issue gutanuns by July I. pmdueb such as ford tinaum-,senceods,nib,or ointments),packages,detives,obtains,
20ls;and msoufacmra. Purchases, mansfen, trarcaports, sells,disedbutes, dispenses, oradndtliue+s
marijuana),p Murts eonbini g marijuao,or mdaoad supplies for nan�nedical,w rat atianal
WHEREAS,camsotly w-rder the 7vmng Orilmon ,a Rccrcaiouai Marijuana Fstabliahmem is ore,
I not a permitted use in the Tewn and any reguladons promulgated by the State Can shil Cnoud
Commission me expected to provide guidance to tlx:Tnwm in regulating rareational marijua t, $[Rft-147(B)TEMPORARY MORATORrUM
inbiding Recreational Marijuana EstabliAmcnti:and Notwithstanding any other provision of the Zoning OoInano:m that contrary,the Tu—t lardy
adopts a tempor&y meraonum land on the use of la or structures as a Receawrial Marijuana
W'. HEREAS,the rcpli' cre n of reali-A marijuana raises novel and c-nplex legal,planning Establishment,The monmrium shall be in elfeet until Judy 1,2018. During the moratorium
and public safety issuer and rbe Town nods time to study and consider the regulation of period,qc Town shall undertake a planning process to address ncc poleatiil impacts of
Recaeational Marijuana Establishments and mUrt-such novel and Wcnplc issues,as well as to Oecxealicmal marijuana in the Taw.,consider the Cannabis Control Commission regulations
address die potential impact of the Stalee,sgulalioas on local inning and m ur taken a plamirg mprding Rcvecatiorml Martjmna Faciltties and mWad uses,and ennsideradgning nR Zoning
pmccsx m cnrsnder ameadm8 the Zoning Ordimxmrr regarding regulation of Re zeatioau] Ordu mm m address Ilk impact and operation of Rareadomal Madju Re)htira and[dated
M-joma Eatabliahments and other uses reI.W to the regulation of oca-tional marijuana;and
WHEREAS,it is im the Town's best interest to adopt a ternpm y moraorum rim the use Orland 11811-147(C) RELATION TO REGISTERED MARIJUANA DISPENSARIES AND M -
and siruutures in the T n faf RzoreaRanal Madjuma Esrabliso mints no ss to allow the Pawn SITE MEDICA MARIJUANA DISPENSARIES
s.M.em I=io engage in a planning process to address dam etferas or such stmcua cs and uses This stctien shall not be Consumed to affas the provisions of the Zeroing Ordmmca relating to
in the Town and to mat ordinances in a manner consistent with sound land use planning goals Rey etwed Marijuana Dixpecs�ira+,also knovm ar`Medical Marijuana Facilitie,e'ss defined in
and objem—;and Arccic XV;ll 4130.123-$1E1)-26
• WHEREAS,TOR 207-1--AN ORDINANCE TO AMEND CILAPTER IN OF 11RE CODE
OF THE.TOWN OF AGAWAM-TE•MPORARYMORATORjI!M ON RECREATIONAL
MARWUANA ESTABLISHMENTS"was sponsored by Mayor Richard A Cohen nod Council.,
Richard M.Vim—and placid on the City Council agenda on January 17,2017;and C.
' PER ORJDER OF THE AGAWAM CrT'Y 00UNCIL
TIt-2017-52
A RESOLUTION AL'CEPTING A GRANT-IN THE AMOUNT OF S12,01)(MM TR-2017.53
(I WELVE THOUSAND DOLLARS&NO CENTS)FROM THE AGAWAM DOG
OWNERS GROUP("ADOC-)'1'O'1'HE TO WN OF AGAWAM FOR A RFSO1.1;TION ACCEPTING A GRANT IN THE AMOUNT OF S23,917,24
INSTALLATION OF AJJAGAWAM DOG PARK LIGHTING SYSTEM {TWENTY TIME THOUSAND NINF.HUNDRED FF.N'FNTEF.N nOLLARS&
-- TWENTY FOUR CENTS)FROM THE AGAWANI LIONS CIJB FOR THE.
Spoaaored by:Mayor Richard A Cohen PERRY LANE PLAYGROUND PROJECT
i
Sponsored by:Mayor Richard A Cahea
WHEREAS,Lhe Agawam Dog Owners(iroup("ADO(T')has voted and a,
pruned a S12,000.00 donation to he made to the'fawn Of Agawam tar itnuilladca o1'
lighting at the,lgawtun Dog Park:and WHEREAS,the Aga,,am 1.,in.,Club has appmvcd of a 12%917.24 donation to
be made to the Town urAgawarn for tic:Perry face Playground Proem sad
W71ERF 1S.the 1 uwtn ul'Agnwam denies(o unapt-aid donation:;md
Wt tp'Rp:A4,,he Toum oTAgswam denim to auuepl sxiJ dutL'11iun:and
WHEREAS,the dunauan is in the amotm(of S12,000,00(Twelve Thousand Dol-
Ion and no cenls);and to WHEREAS,(he donation is in the amount of 323.917.24(Twenty Three Thuu-
,and Nine Hundred an cs�d Snican Dollam and'fwenty'kour Cents},and
1'LNEREAS,the Tuwn of Agave-am will nw doe duration to make much needed
mpaics to the lighting at the Agawam Earg Park and any other legs]u-c for which it is W HCRFAA,the Town or Agawam will use us dunndmi toward the Perry I—
tmided;and F12yem0ond PmjecL and anv other legal uses lug which it is intended:and
W1IEREAN,it is in tlx hest interest,of the"fnwo of Agawam m accept the dnna- WHEREAS,it is in the hest interests ofthe'l own of Agawam io accept the dona-
tion from-AWG. timt lien Thc Ag—mr,Linn Club.
NOW THEREFORE,the Agawam Cth•Council resolves,pursuant to M.G.L. NOW TURRE,FORE,the Agawam City Conseil resolves,pars ant to\I.(i.i..
c-44,¢53A,to accept this donation of V1000.00 fmm AUOG for the installation of the c44.,53A,to accept this donatio;t of S=3.917.24 fmm the Agawam Lions Club for the
Agawam Dog Park Lighting System. Pm7i lane Playground Project
Gated this day of_?*]7. Dated[his day of_ ,2017.
PER ORDER OF'1SHs AGAWAM CI IY COUNCIL PER ORDER OF THE AGAWAM CITY COUNCIL
lasses F.Cirhetti,President
--._.................. .lames P.(.'ichetti,)°resident
i
APPROVrn AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY-�
. -- _
Patrick M.Tnney,City Solictto: Patrick M.Tuner,Cily Selici[or
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