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TR-90-17 i COMMONWEALTH OF MASSACHUSETTS M ASSACHUSETTSS SENATE STATE HOUSE, HOSTON 02133 ' LINDA J. MELCONIAN 2N0 HAMPDEN-HAMPS141RE COMMITTEES: DISTRICT INSURANCE ICHAIRMANI ROOM 504, STATE HOUSE HUMAN SERVICES AND ELDERLY TEL. I617} 722-1680 AFFAIRS (VICE CHAIRMAN] JUDICIARY i CRIMINAL JUSTICE DISTRICT OFFICE: 375 WALNUT STREET EXT. POST AUDIT OVERSIGHT AGAWAM, MA 0100t STATE ADMINISTSTRAATIONT10N TEL. (4 i 31 786-6033 iJune 7, 1990 1 i Ms . Ursula Retzler, Clerk of the Council Town of Agawam 36 Main Street iAgawam, MA 01001 Dear Ms . Retzler : This letter is in response to your recent letter expressing support for Senate Bill 909, An Act Relative To Exemptions From Zoning Changes . ' The many complex issues presented by SB 909 has prompted the Joint Committee on Local Affairs to conduct a seminar ' on Impact Fees . This seminar will be held Wednesday, June 13 at the State House, Gardner Auditorium from 9:00 a.m. to 12:00 noon. Legislators , Developers , Public Officials and the general public are encouraged to attend and share ' their views. The review of all the information is expected to be completed by June 20, at which time the Committee will vote on the measure. iPlease be assured that I will keep your views in mind when Senate Bill 909 reaches the Senate floor . �n r CC) CZ3 - ' With best wishes , C-- Sincerely, w LINDA J. MELCONIAN State Senator - LJM/erd i i FA TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 y[0 `•�� Tel. 413-786-0400 ,gTEp MPS ' May 24, 1990 ' Senator Linda Melconian State House Boston, MA 02133 ' Dear Senator Melconian: ' Please be advised that the Agawam City Council has supported the attached Resolution by unanimous vote in favor, regarding Senate Bill 909 Relative to Exemptions from Zoning Changes. Sincerely, Ursula Retzler ' Clerk of the Council ' Enclosure cc: Mayor, with enclosure City Clerk, with enclosure Council Members, with enclosure 1 F AGR lb 11 4f TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSAGHUSETTS 01001 Tel. 413-7 86-0400 �Pp�ATED spy ' May 24, 1990 ' Michael Walsh State Representative of the 3rd Hampden District State House Boston, MA 02133 Dear Representative Walsh: Please be advised that the Agawam City Council has supported the attached Resolution by unanimous vote -in favor, regarding Senate Bill 909 Relative to Excemptions from Zoning Changes. ' Sincerely, 1 Ursula Retzler ; Clerk of the Council ' Enclosure cc: Mayor, with enclosure City Clerk, with enclosure ' Council Members, with enclosure RESQLIlT I QN TR-90-17 A RESOLUTION SUPPORTING SENATE BILL 909 RELATIVE TO ' EXEMPTIONS FROM ZONING CHANGES SPONSOR: COUNCILLOR JOANNE WILLIS WHEREAS, THERE IS A PETITION (ACCOMPANIED BY BILL, SENATE ' N0. 909) OF MICHAEL J. BARRETT, CHRISTOPHER J. HODGKINS, BARBARA E. GRAY, MARY L. PADULA AND OTHER MEMBERS OF THE :GENERAL COURT FOR LEGIS- LATION, RELATIVE TO THE APPLICATION OF NONCONFORMING USE IN ZONING LAWS TO BUILDING PERMITS; AND, WHEREAS, THIS BILL IS CURRENTLY IN THE LOCAL AFFAIRS COMMITTEE; AND, WHEREAS, THESE AMENDMENTS TO SECTION G OF CHAPTER 40A OF THE GENERAL LAWS ARE DEEMED OF SUFFICIENT IMPORTANCE TO THE WELFARE OF THE MUNICIPALITIES OF THIS COMMONWEALTH: NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF AGAWAM HEREBY 1p VOTES TO NOTIFY ITS STATE SENATOR AND REPRESENTATIVE THAT IT STRONGLY SUPPORTS THE ADOPTION OF THE AFOREMENTIONED LEGISLATION. DATED THIS Twenty-third DAY OF May , 1990. PER ORDER OF THE AGAWAM TOWN COUNCIL RICHARD RfNDLE, PRESIDENTI'�3��0 ' AGAWAM TOWN COUNCIL ....... I � . APPROVED AS TO FORM AND LEGALITY14 rrnn co I HOMAS S LOC E -1OL I T ' /M MAYORAL ACTION ece_.ved this twenty--third dav of _-May, IV90 •*rot', Council A=`PR,lV A{_ Lac LEG I SLAT I al L•; .'F"t_.. i,lr3Qf_ vested in Tim pursuant tu Article Z. ::, Ct1C7n - ...i-i4 t.71 a mendew . 1 w7env approve th.-ry., rassagg oT the !00VT W91..:l.c.t.itOn Or- `' n{ may - 19 90. i t�,phe, C. j orr,tan , t1,=yor B•; the wooers vF hyed in rye pursuant to Article , section 3-6 OT tMe rr-lpawai �.h_!-ter, as amanoeds 1 hereby veto the passage of the above lepisiation on this day of - - � 19 for the fc11owing reo-- C. oMn an Mavor R':'C.4',` n d to Eounci l Elect tr-, t _twenty-third {jay n i "fay .. Iq90 i [Similar Matter Filed During Past Susie, SENATE See Senate Nv. 1035 of I98g.] 909 . . No . By Mr. Barrett, a petition (accompanied by Scnate, No. 909) of Michael J. Barrett, Christopher J. Hodgkins Barbara E. Gray, Mary L. Padula and other members of the (T.ncrai Court for legislation relative to the application of noncon;c,---inn use in zoning laws to building permits. Local Affairs. ` c' a CommonYneaItb of AIatsacbusrtts In the Year One Thousand Nine Hundred a-.- ti::,,cy, r AN ACT RELATIVE TO EXEMPTIONS FROM ZONINci is tiyc.ts r Be it enacted by the Senate and House of Repro=rntariv s in General Court assembled, and by the authority of the same. as follows: 1 SECTION 1. Section 6 of Chapter 40A o :i:r Gcneral Laws, 2 as appearing in the 1986 Official Edition. :s hcrcbN, further 3 amended by striking the first paragraph and snsrrting in place r 4 thereof the following: -- 5 Except as hereinafter provided, a zoning orJt once or by-law ' 6 shall not interfere with a structure or use in existence or 7 lawfully begun or with an application for a building or special 8 permit made before the first publication of nolicc of the public 9 hearing on such a zoning ordinance or b%-W-h: as required by 10 section five, but shall apply to any sub,,- ucnt change or 1 i substantial extension of such a use or stricture and to any 12 substantial change in the application for a building permit or r13 special permit made after the first publication of notice of said 14 public hearing, except where the subsc,;um alteration. ' 15 reconstruction, extension or structural changc is for a single or 16 two-family residential structure and doe's 1101 increase the non- 17 conforming nature . of said structure Ir .tsc. Pre-existing 1S nonconforming structures or uses may be changed• extended or 19 altered, provided, that no such extension or alteration shall be 20 permitted unless there is a finding by the permit granting authority 21 or by the special permit granting authority designated by ' 22 ordinance or by-law that such change, extension or al1eration shall L �rLiN A I t -- IN 0. YUY [January MFU] .23 not be more detrimental than the existing nonconforming use to 24 the neighborhood. This section shall not apply to billboards, signs 25 and other advertising devices subject to the provisions of sections 26 twenty-nine through thirty-three, inclusive, of chapter ninety- 27 three, and to chapter ninety-three D. ' I SECTION 2. Section 6 of Chapter 40A of the General Laws, 2 as most recently amended by Section 54 of Chapter 557 of the 3 Acts of 1986, is hereby amended by striking out the fifth paragraph 4 and inserting in place thereof the following: — 5 If an application for approval of a definitive subdivision plan, ' 6 or for approval of a preliminary plan followed within three 7 months by a definitive plan, is submitted to a planning board for 8 approval under Sections 81 S and 81 T of Chapter 41 of the General 9 Laws, and written notice of such submission has been given to 1 10 the city or town clerk before the first publication of notice of the I 1 public hearing required by section five for a zoning ordinance or 12 by-law change, the application shall be governed by the applicable 13 provisions of the zoning ordinance or by-law, if any, in effect at 14 the time of the application's submission and shall continue to be 1P 15 so governed for the duration of the application process under the lb Subdivision Control Law; and, if the definitive plan or an ' 17 amendment thereof is finally approved, shall continue to be so 18 governed for an additional period of four years from the date of 19 the endorsement of such final approval. The four year period shall 20 be extended by a period equal to the time during which a city or 21 town imposes or has imposed upon it by a state, a federal agency 22 or a court, a moratorium on construction, the issuance of permits 23 or utility connections. I SECTION 3. Section 6 of Chapter 40A of the General Laws, Laws P = ' 2 as most recently amended by Section 54 of the Acts of 1986, is 3 hereby amended by striking out the sixth paragraph. This Document Has Been Printed On 100% Recycled Pager. - - RESOLUTIDN TR 9U I7 A RESOLUTION SUPPORTING SENATE BILL 909 RELATIVE TO EXEMPTIONS FROM ZONING CHANGES SPONSOR; COUNCILLOR JOANNE WILLIS 1 WHEREAS, THERE IS A PETITION (ACCOMPANIED BY BILL, SENATE ' No. 909) OF MICHAEL J. BARRETT, CHRISTOPHER J. HODGKINS, BARBARA E. GRAY, MARY L. PADULA AND OTHER MEMBERS OF THE GENERAL COURT FOR LEGIS- LATION, RELATIVE TO THE APPLICATION OF NONCONFORMING USE IN ZONING LAWS TO BUILDING PERMITS; AND, WHEREAS, THIS BILL IS CURRENTLY IN THE LOCAL AFFAIRS COMMITTEE; AND, WHEREAS, THESE AMENDMENTS TO SECTION 6 OF CHAPTER 40A OF THE GENERAL LAWS ARE DEEMED OF SUFFICIENT IMPORTANCE TO THE WELFARE OF THE ' MUNICIPALITIES OF THIS COMMONWEALTH; NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF AGAWAM HEREBY VOTES TO NOTIFY ITS STATE SENATOR AND REPRESENTATIVE THAT IT STRONGLY 1p SUPPORTS THE ADOPTION OF THE AFOREMENTIONED LEGISLATION. DATED THIS Twenty-third DAY OF May 1990. 1 PER ORDER OF THE AGAWAM TOWN COUNCIL 4XI RICHARD RtNDLE, PRESIDENT O ' AGAWAM TOWN COUNCIL APPROVED AS TO FORD AND LEGALITY ' v � HONPAS S LOC E 1 'M CoUatj C� 1 � 111 MAYDRA!, ACTION ice .ver-t t11i- twenty--third da�,; 0f � - May 1�90 +ray , �:r.'-'-n�=i� iet^4: . i w if I l�tVt�}r tii� =emu s', mF pur suar 'tom Article Z , 't:cectior) � -r� = i �f1� HaciNlc�ltr ~i 44--t.F'-/'; a Zr amei!d wCsn ;. nereb,. approve t'.h� r�_s'S.a,ga c�•r thF cObOVE' �.����>S.c�.•CiO�'1 or, - �_ u �r- _� May , a;--LE_c T`LAT Iorb h CCivaet' VeEd f'i fi1=' pLreuanf. to Fir ! yci? — CtIQn O to �iQWdif a= a,'i _CI : i hereby v$tc the passagL' of the c':b � E�l$lc.tI0n o1"1 da of 19 f[)r thy= tell !irr, tr,; T hi twenty-trd da v r, Mav - - . 1 90 _ r.. 1 - [Similar Matter Filed During Past 5e,sic,n SENATE See Senate No. 1035 of 1989 ] 909 go By Mr. Barrett, a petition {accompanied by 1) : Senate, No. 909) of Michael J. Barrett, Christopher J. Hodgi-in�. Barbara E. Gray, Mary L. Padula and other members of th; t,;ncral Court for legislation relative to the application of nonconi c, jing use in zoning laws to building permits. Local Affairs. The Commontutaltb of Manarbustm In the Year One Thousand Nine Hundred a:x: AN ACT RELATIVE TO EXEMPTIONS FROM ZONING Be it enacted by the Senate and House of Reprt:r-:tatit-es in General Court assembled, and by the authority of the same. as follows: 1 SECTION 1. Section 6 of Chapter 40A of :hc General Laws, 2 as appearing in the 1986 Official Edition. :% hcrcbv further 3 amended by striking the first paragraph anti inserting in place 4 thereof the following: — 5 Except as hereinafter provided, a zoning of'Jinance or by-law ' 6 shall not interfere with a structure or use in existence or 7 lawfully begun or with an application for a building or special t8 permit made before the first publication of noticc of the public 9 hearing on such a zoning ordinance or as required by ' 10 section five, but shall apply to any sabscyucnt change or 11 substantial extension of such a use or stricture and to any 12 substantial change in the application for a h,utlding permit or ' 13 special permit made after the first publicaliorl of notice of said 14 public hearing, except where the suhsc,.;ucnt alteration_ 15 reconstruction, extension or structural changc :s for a single or 16 two-family residential structure and does 'It" increase the non- 17 conforming nature of said structure or -3sc. Pre-existing 18 nonconforming structures or uses may be chanecd. extended or 19 altered, provided, that no such extension or alteration shall be ' 20 permitted unless there is a finding by the permit granting authority 21 or by the special permit granting authority designated by ' 22 ordinance or by-law that such change, extension or alteration shall L Jhiv A l t -- iV O. YVY lianuary ! IYU j .23 not be more detrimental than the existing nonconforming use to 24 the neighborhood. This section shall not apply to billboards, signs 25 and other advertising devices subject to the provisions of sections 26 twenty-nine through thirty-three, inclusive, of chapter ninety- ' 27 three, and to chapter ninety-three D. 1 SECTION 2. Section 6 of Chapter 40A of the General Laws, 2 as most recently amended by Section 54 of Chapter 557 of the 3 Acts of 1986, is hereby amended by striking out the fifth paragraph 4 and inserting in place thereof the following: — 5 If an application for approval of a definitive subdivision plan, ' 6 or for approval of a preliminary plan followed within three 7 months by a definitive plan, is submitted to a planning board for 8 approval under Sections 81 S and 8IT of Chapter 41 of the General 9 Laws, and written notice of such submission has been given to 10 the city or town clerk before the first publication of notice of the 11 public hearing required by section five for a zoning ordinance or 12 by-law change, the application shall be governed by the applicable ' 13 provisions of the zoning ordinance or by-law, if any, in effect at 14 the time of the application's submission and shall continue to be 15 so governed for the duration of the application process under the 16 Subdivision Control Law; and, if the definitive plan or an ' 17 amendment thereof is finally approved, shall continue to be so 18 governed for an additional period of four years from the date of 19 the endorsement of such final approval. The four year period shall ' 20 be extended by a period equal to the time during which a city or 21 town imposes or has imposed upon it by a state, a federal agency ' 22 or a court, a moratorium on construction, the issuance of permits 23 or utility connections. 1 SECTION 3. Section 6 of Chapter 40A of the General Laws ' 2 as most recently amended by Section 54 of the Acts of 1986, is 3 hereby amended by striking out the sixth paragraph. 1 This Document Has Been Printed on 100% Recycled Paper. C/a r1 ga RESOLUTION TR-90-17 A RESOLUTION SUPPORTING SENATE BILL 909 RELATIVE TO EXEMPTIONS FROM ZONING CHANGES ' SPONSOR: COUNCILLOR JOANNE WILLIS WHEREAS, THERE IS A PETITION (ACCOMPANIED BY BILL, SENATE NO. 909) OF MICHAEL J. BARRETT, CHRISTOPHER J. HODGKINS, BARBARA E. ' GRAY, MARY L. PADULA AND OTHER MEMBERS OF THE GENERAL COURT FOR LEGIS- LATION, RELATIVE TO THE APPLICATION OF NONCONFORMING USE IN ZONING LAWS TO BUILDING PERMITS; AND, WHEREAS, THIS BILL IS CURRENTLY IN THE LOCAL AFFAIRS COMMITTEE; AND, WHEREAS, THESE AMENDMENTS TO SECTION 6 OF CHAPTER 40A OF THE GENERAL LAWS ARE DEEMED OF SUFFICIENT IMPORTANCE TO THE WELFARE OF THE MUNICIPALITIES OF THIS COMMONWEALTH; NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF AGAWAM HEREBY VOTES TO NOTIFY ITS STATE SENATOR AND REPRESENTATIVE THAT IT S'IRONGLF SUPPORTS THE ADOPTION OF THE AFOREMENTIONED LEGISLATION. " DATED THIS Twenty-third DAY OF May 1990. k ' PER ORDER OF THE AGAWAM TOWN COUNCIL . t R I CHARD R NDLE, PRESIDENT (� ' AGAWAM TOWN COUNCIL APPROVED AS TO FORM AND LEGALITY1) cbjc. V ' z O S . LOC E 14, /M au cj"�. 1 ' MAYORAL.- ACTION Received this twenty-third da.y of _ MSy _, I 90 trom Councii APPROVAL Oc LE C I SLAT I©N G� t�,e p veered is, me pursuantto Article Z. Section 3-6 of tne. AgaWan terK a amended I hereby approve the passage of thi- anove leg7sl .tl4. Dn On iw '1' d AIA D Mav Ilr;' 90 -, r 3 ,:,,tophe C. J of on ,o Mayor" �^ L`a APc'R0VA+ Q LEG!SLAT ION By the Dowers ve- ed in me pursuant to Article 7";. Section !-6 of the Agawam G,a.•te._N as amended i herery veto tine paa�e of trie ataove leciisl ate ©n o�z trim dav of ,. 19 for the following rea-- �y ti son(s E : Lhr i, to trer C, Johnson , Mayor RETURN. Ct�z' LEGISLATION'_ TD COUNCIL Ret�...-nej tm: C"oun L Cl erl; to _twenty-third.. dad' of ,_ May � _ 1390 [Similar Matter Filed During Past S"sin, SENATE .See Senate Na, id35 of 1989,E909 • s e NQ . By Mr. Barrett, a petition (accompanied by h Srnate. No. 909) of Michael J. Barrett, Christopher J. Hodgkins, Barbara E. Gray, Mary L. Padula and other members of the (a.neral Court for legislation relative to the application of nornconfo--'zing use in zoning laws to building permits. Local Affairs. fie Commonbaealtb of lRagsubusct" In the Year One Thousand Nine Hundred aj_,; Nj._xjy. AN ACT RELATIVE TO EXEMPTIONS FROM ZONING Be it enacted by the Senate and House of Reprewnratives in General Court assembled, and by the authority of the same. as folloivs: 1 SECTION 1. Section 6 of Chapter 40A of :tic General Laws, 2 as appearing in the 1986 Official Edition. :s hereby further 3 amended by striking the first paragraph and inserting in place i4 thereof the following: — 5 Except as hereinafter provided, a zoning ordinance or by-law 6 shall not interfere with a structure or use laA;ull%, in existence or 7 lawfully begun or with an application for a building or special 8 permit made before the first publication of notice of the public 9 hearing on such a zoning ordinance or by-law as required by 10 section five, but shall apply to any sub,.cqucnt change or 11 substantial extension of such a use or structure and to any 12 substantial change in the application for a 'wilding permit or 13 special permit made after the first publication of notice of said 14 public hearing, except where the subscqucnt alteration_ 15 reconstruction, extension or structural change is for a single or 16 two-family residential structure and does 1101 increase the non- 17 conforming nature of said structure I- r ise- Pre-existing 18 nonconforming structures or uses may be changcei, extended or 19 altered, provided, that no such extension or alteration shalt be 20 permitted unless there is a finding by the permit granting authority 21 or by the special permit granting authonty designated by 22 ordinance or by-law that such change, extension or alteration shall 1 �LiNA1 L' - iNo. yuy Lianuary imi 23 not be more detrimental than the existing nonconforming use to 24 the neighborhood. This section shall not apply to billboards, signs 25 and other advertising devices subject to the provisions of sections 26 twenty-nine through thirty-three, inclusive, of chapter ninety- , 27 three, and to chapter ninety-three D. 1 SECTION 2. Section 6 of Chapter 40A of the General Laws, 2 as most recently amended by Section 54 of Chapter 557 of the 3 Acts of 1986, is hereby amended by striking out the fifth paragraph 4 and inserting in place thereof the following: --- 5 If an application for approval of a definitive subdivision plan, 6 or for approval of a preliminary plan followed within three 7 months by a definitive plan, is submitted to a planning board for 8 approval under Sections 8 1 S and 81T of Chapter 41 of the General 9 Laws, and written notice of such submission has been given to 10 the city or town clerk before the first publication of notice of the 11 public hearing required by section five for a zoning ordinance or 12 by-law change, the application shall be governed by the applicable 13 provisions of the zoning ordinance or by-law, if any, in effect at 14 the time of the application's submission and shall continue to be 15 so governed for the duration of the application process under the 16 Subdivision Control Law; and, if the definitive plan or an 17 amendment thereof is finally approved, shall continue to be so 18 governed for an additional period of four years from the date of 19 the endorsement of such final approval. The four year period shall 20 be extended by a period equal to the time during which a city or ' 21 town imposes or has imposed upon it by a state, a federal agency 22 or a court, a moratorium on construction, the issuance of permits 23 or utility connections. I SECTION 3. Section 6 of Chapter 40A of the General'Laws, 2 as most recently amended by Section 54 of the Acts of 1986, is 3 hereby amended by striking out the sixth paragraph. Thu Document Has Been Printed On 100%Recycled Paper. 1