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TOR-2007-5 GASOLINE STORAGE 'rOR-�o0�-� Solin� Tara e. TOR-2007- AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM, CHAPTER 180 ARTICALE VIII SECTION 180-44-E, MAXIMUM ALLOWED GALLONS OF GASOLIE STORAGE. (SPONSORED BY COUNCILOR DENNIS J. PERRY) VaEREAS, The code of the town of Agawam chapter 180 article VIE section 180-44-E currently states that the maximum allowed storage of gasoline on premises is 30,000; and WHEREAS, Due to changing times, the nature of gasoline filling stations and self-service stations have changed; and WHEREAS, The majority of these service stations-have multiple uses, i.e. Fast Food services, Groceries, ATM Services, Lottery, and Drive thru Services; and W11EREAS, The location of many of these stations are in heavy traffic area's; and WHEREAS, Due to fluctuating gas prices, demand of gasoline at these multi-purpose stations has increased; and WFffiREAS, Due to this increase in deman d, tanker truck deliveries to these locations has increased; and VaIEREAS, Increasing the maximum amount of gasoline storage at these locations would reduce the number of tanked truck deliveries; and WHEREAS, By reducing the number of deliveries to these locations would greatly reduce the potential of traffic problem and possible accidents. NOW THEREFORE the Agawam City Council hereby amends that the code of the Town of Agawam Article VIII, section 1,80-44-E be changed from: "Provided that not more than 30,000 gallons of gasoline shall be stored on the preim'ses." To: "Provided that not more than 5 0,000 gallons of gasoline shall be stored on the premises". N DATED 'TFUS-----•------------- DAY OF--------------------- PER ORDER OF THE AGAWAM CITY COUNCIL. Donald M. Rheault, President TP11 AS T FORM AND LEGALITY Vi cent F ioscia, Solicitor 1 �F�Ao,Gq jy9 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 GRATED MP To. Agawam City Council P�A g Y From: Richard M. Theroux, Town Clerk Please be informed the Clerk's Office on July 10, 2007 received the enclosed petition. The Board of Registrars have certified IS (eighteen) signatures of registered voters from' the Town of Agawam. cc ;Mayor Richard Cohen Law Dept. Deborah Dachos Michele Webber --1 0 7 1 s �wYN 'CLERK urF�i:c AGAWAM, -MASS. 07 JUL I 0 f, 47 The undersigned, who are registered voters of Agawam, Massachusetts, request that the Town of Agawam change their zoning regulations (Ch.l 80-44 [E]) from the current storage limit of 30,000 gallons of gasoline to 50,000 gallons of gasoline. The reason for this change is to allow gas stations greater flexibility in making deliveries, thus avoiding peak times and improving the public safety. Nafine Address Precinct 4 ' '% .A '_z Le J 11; 1 , , 1 . AGAWAM, MASS, 07 JUL 10 P"7 The undersigned, who are registered voters of Agawam, Massachusetts, request that the Town of Agawam change their zoning regulations (Ch.180-44 [E]) from the current storage limit of 30,000 gallons of gasoline to 50,000 gallons of gasoline. The reason for this change is to allow gas stations greater flexibility in making deliveries, thus avoiding peak times and improving the public safety. Name,} Address Precinct L.vivl 4-14�'It 1` °` j cf General Laws & Acts - G.L. c.40A, §5 Page ] of3 G.L. c.40A, §5 General Laws & Acts CHAPTER 40A.ZONING G.L. c.40A,§5 Adoption or change of zoning ordinances or by-laws; procedure G.L. c.40A, §5 Adoption or change of zoning ordinances or by-laws; procedure Section 5. Zoning ordinances or by-laws may be adopted and from time to time changed by amendment, addition or repeal, but only in the manner hereinafter provided. Adoption or change of zoning ordinances or by-laws may be initiated by the submission to the city council or board of selectmen of a proposed zoning ordinin-777by-law by a city council, a board of selectmen, a board of appeals, by an individual owning land to be affected by change or adoption, by request of registered voters of a town pursuant to section ten of chapter thirty-nine, by ten registered,voters in a city, by a planning board, by a regional planning agency or by other methods provided by municipal charter. The board of selectmen or city council shall within fourteen days of receipt of such zoning ordinance or by- law submit it to the planning board for review. No zoning ordinance or by-law or amendment thereto shall be adopted until after the planning board in a city or town, and the city council or a committee designated or appointed for the purpose by said council has each held a public hearing thereon, together or separately, at which interested persons shall be given an opportunity to be heard. Said public hearing shall be held within sixty-five days after the proposed zoning ordinance or by-law is submitted to the planning board by the city council or selectmen or if there is none, within sixty-five days after the proposed zoning ordinance or by-law is submitted to the city council or selectmen. Notice of the time and place of such public hearing, of the subject matter, sufficient for identification, and of the place where texts and maps thereof may be inspected shall be published in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of said hearing, and by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of said hearing. Notice of said hearing shall also be sent by mail, postage prepaid to the department of housing and community development, the regional planning agency, if any, and to the planning board of each abutting cities and towns'The department of housing and community development, the regional planning agency, the planning boards of all abutting cities and towns and nonresident property owners who may not have received notice by mail as specified in this section may grant a waiver of notice or submit an affidavit of actual notice to the city or town clerk prior to town meeting or city council action on a proposed zoning ordinance, by-law or change thereto. Zoning ordinances or by-laws may provide that a separate, conspicuous statement shall be included with property tax bills sent to nonresident property owners, stating that notice of such hearings under this chapter shall be sent by mail, postage prepaid, to any such owner who files an annual request for such notice with the city or town clerk no later than January first, and pays a reasonable fee established by such ordinance or by-law. In cases involving boundary, density or use changes within a district, notice shall be sent to any such nonresident property owner who has filed such a request with the city or town clerk and whose property lies in the district.where the change is sought. No defect in the form of any notice under this chapter shall invalidate any zoning ordinances or by-laws unless such defect is found to be misleading. Prior to the adoption of any zoning ordinance or by-law or amendment thereto which seeks to further regulate matters established by section forty of chapter one hundred and thirty-one or regulations authorized thereunder relative to agricultural and aquacultural practices, the city or town clerk shall, no later than seven days prior to the city council's or town meeting's public hearing relative to the adoption of said new or amended zoning ordinances or by-laws, give notice of the said proposed zoning 141 IJA -nin,... '"V)OM General Laws & Acts - G.L. c.40A, §5 Page 2 of 3 ordinances or by-laws to the farmland advisory board established pursuant to section forty of chapter one hundred and thirty-one. No vote to adopt any such proposed ordinance or by-law or amendment thereto shall be taken until a report with recommendations by a planning board has been submitted to the town meeting or city council, or twenty-one days after said hearing has elapsed without submission of such report. After such notice, hearing and report, or after twenty-one days shall have elapsed after such hearing without submission of such report, a city council or town meeting may adopt, reject, or amend and adopt any such proposed ordinance or by-law. If a city council fails to vote to adopt any proposed ordinance within ninety days after the city council hearing or if a town meeting fails to vote to adopt any proposed by-law within six months after the planning board hearing, no action shall be taken thereon until after a subsequent public hearing is held with notice and report as provided. No zoning ordinance or by-law or amendment thereto shall be adopted or changed except by a two- thirds vote of all the members of the town council, or of the city council where there is a commission form of government or a single branch, or of each branch where there are two branches, or by a two- thirds vote of a town meeting; provided, however, that if in a city or town with a council of fewer than twenty-five members there is filed with the clerk prior to final action by the council a written protest against such change, stating the reasons duly signed by owners of twenty per cent or more of the area of the land proposed to be included in such change or of the area of the land immediately adjacent extending three hundred feet therefrom, no such change of any such ordinance shall be adopted except by a three-fourths vote of all members. No proposed zoning ordinance or by-law which has been unfavorably acted upon by a city council or town meeting shall be considered by the city council or town meeting within two years after the date of such unfavorable action unless the adoption of such proposed ordinance or by-law is recommended in the final report of the planning board. When zoning by-laws or amendments thereto are submitted to the attorney general for approval as required by section thirty-two of chapter forty, he shall also be furnished with a statement which may be prepared by the,planning board explaining the by-laws or amendments proposed, which statement may be accompanied by explanatory maps or plans. The effective date of the adoption or amendment of any zoning ordinance or by-law shall be the date on which such adoption or amendment was voted upon by a city council or town meeting; if in towns, publication in a town bulletin or pamphlet and posting is subsequently made or publication in a newspaper pursuant to section thirty-two of chapter forty. If, in a town, said by-law is subsequently disapproved, in whole or in part, by the attorney general, the previous zoning by-law, to the extent that such previous zoning by-law was changed by the disapproved by-law or portion thereof, shall be deemed to have been in effect from the date of such vote, In a municipality which is not required to submit zoning ordinances to the attorney general for approval pursuant to section thirty-two of chapter forty, the effective date of such ordinance or amendment shall be the date'passed by the city council and signed by the mayor or, as otherwise provided by ordinance or charter; provided, however, that such ordinance or amendment shall subsequently be forwarded by the city clerk to the office of the attorney general. A true copy of the zoning ordinance or by-law with any amendments thereto shall be kept on file available for inspection in the office of the clerk of such city or town. No claim of invalidity of any zoning ordinance or by-law arising out of any possible defect in the J General Laws & Acts - G.L. c.40A, §5 Page 3 of 3 procedure of adoption or amendment shall be made in any legal proceedings and no state, regional, county or municipal officer shall refuse, deny or revoke any permit, approval or certificate because of any such claim of invalidity unless legal action is commenced within the time period specified in sections thirty-two' and thirty-two A of chapter forty and notice specifying the court, parties, invalidity claimed, and date of filing is filed together with a copy of the petition with the town or city clerk within seven days after commencement of the action. Lawriter Corporation. All rights reserved. The Casemaker Online database is a compilation exclusively owned by Lawriter Corporation. The database is provided for use under the terms, notices and conditions as expressly stated under the online end user license agreement to which ail users assent in order to access the database. Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 �Rly spy Tel. 413-786-0400 Fax 413-786-9927 NOTICE OF PUBLIC HEARING The Agawam City Council will conduct a Public Hearing on Monday, August 6, 2007, at 7:30P.M., at the Agawam Middle School, 68 Main Street, Agawam, MA on the following Proposed ordinance amendment: TOR-2007-5- An Ordinance to amend the Code of the Town of Agawam, Chapter 180 Article VIII, Section 180-44-E, Maximum Allowed Gallons of Gasoline Storage. Donald M. Rheault City Council President S� Md0V a Town of Ag' awam � 36 Main Street Agawam, Massachusetts 01001-1$37 Tel. 413-786-0400 Fax 413-786-9927 September 12, 2007 Agawam Town Council Donald M. Rheault, President Robert A. Magovern, Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr Bitzas, Councilor Gina Letellier, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Robert E. Rossi, Councilor Jill P. Simpson, Councilor Robert M. Young, Councilor Dear Councilors: At its duly called meeting held on September 6, 2007, in a unanimous vote, the Agawam Planning Board voted to send a positive recommendation to the Council in support of the amendment to Chapter 180 Article VIII, Section 180-44-E, Maximum Allowed Gallons of Gasoline Storage to allow for the storage of up to 50,000 gallons with the restriction that deliveries are not to be made during peak use hours. Comments concerning this amendment from the Safety Officer and the Fire Chief have been attached. If you have any questions, please contact the Planning Office at 786-0400, extension 283. incerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Clerk, Mayor, Solicitor, Building, File f AGAl11AM FIRE DEPARTMENT a�v� O ' 800 MAIN STREET • AGAWAM, MA 01001 Q NT +� TELEPHONE (413) 786-0657 FAX (413) 786-1241 e-mail afdchief@agawam.ma.us Stephen M. Martin Chief of Department FIRES Michael Mercadante Provisional Deputy Chief Georgiann Thompson Administrative Assistant Board of Appeals August 1, 2007 Town of Aga 164_,IU,� M ' treet Ag�am, MA 01001 Dear Chairperson Prouty, The fire department has reviewed the issue of allowing the storage of up to 50,000 gallons of gasoline on a site. The State Fire Marshal's office has no ojections to this practice. If allowed, I recommend that delivery hours be be restricted to off-peak traffic hours, such as 2100 hours to 0600 hours. Thank ou, Stephen . Martin Fire Chief ' RECEIVED SEP 0 5 2007 BOARD OF APPEALS Memo To: Planning Board From: Sgt. Richard Niles Subject. Proposed Zoning Amendment—Maximum Gasoline Storage Date: 08-15-2007 How does increasing "the current storage limit of 30,000 gallons of gasoline to 50,000 gallons of gasoline allow gas stations greater flexibility in making deliveries, thus avoiding peak times and improving the public safety"? Would not the same size delivery trucks be used? Would not the deliveries be made during regular business hours? Would not the delivery truck be on site for a longer period of time unloading more gasoline? Would not more gasoline in the storage tanks increase the probability of gasoline wars? Respectfully Submitted Sgt. R. Niles Safety Officer Agawam Police Department RECEIVED AUG 15 2007 PLANNIIN,-13MARD � + t Memo To: Agawam Town Council From: Sgt. Richard Niles Subject: Amendment to Chapter 180 Article VIII, Section 180-44-E, Maximum Allowed Gallons of Gasoline Storage Date: 09/17/2007 Dear Councilors: I have included a copy of a letter from Robert Bolduc, d.b.a. Pride Station located at 6 North Westfield Street answering some questions I had in regards to increasing the gasoline storage allowed from 30,000 to 50,000 gallons. While I do not have an issue with amending the present zoning regulation, I do have concerns regarding a negative impact on pedestrian, bicycle, and or motor vehicle traffic safety a super sized gas station may create should that super sized gas station be located in or near a residential area. If the zoning regulation is amended, I would recommend restricting deliveries to off- peak traffic hours only; no delivery to begin before 9:00pm and all deliveries to be completed by 6:00am. There should be some type of punishment/fine in place for violation of this and or any other restriction the Planning Board/Board of Appeals see fit to adopt. Respectfully Submitted Sgt. R. Niles Safety Officer Agawam Police Department €S0d LI d3S100I "'dw 114 M O-V -301j10 yvv ii ilapmv 09/14/2007 16:58 4137315852 PRIDE PAGE 01 Pr�ide 246 Cottaoge St-,Springfield,MA 011(344W2 Tel. 413-737-b'992 • Fax 413-731-5852 Sep 13,2007 Sgt.Richard Niles Safety Officer Town of Agawam 1. How does increasing the quantity from 30,000 to 50,000 gallons allow greater fle)dbility? Answer. Having more in the tanks cues a`WfW'that allows the station to get through a busy time without having to send a truck.irx. 2. Would the same sue trucks be used? Answer. All trucks carry 8600 gallons. Thus is the maximum allowed by law and these are used by all retailers now. The goal is to have underground tanks large enough to handle this so one can bring these trucks in at less busy times,not when the station is out at .busy times. 3. Would deliveries be made during business hours? Answer: 'Arrth large enough tanks one could get past the busiest hours and only go in at less busy tunes. 4. W'i U the delivery truck be on site any longer? Answer All trucks are full now so the time to unload will not change. S. Will mom fuel in the tank increase the likelihood of.gas wars? Answer: Competition in any business has existed for years and is what makes our economy the best in the world. Larger tanks will not change the cost of any retailer and so will not give anyone an advantage. Largertanks will only allow retailers to deliver at less busy times when there is a gas war. Yom truly, - A - -- Robert Bolduc Pres. AGAWAM POLICE DEPARTMENT 681 Springfield Street may. Feeding Hills, Massachusetts 01030 v► .n c� rn QF n..M fP Cn rn C") AGAWA.M POLICE DEPARTMENT Chief Robert D_ Campbell 681 Springfield Street, reeding Hills, MA Q 1030 '+z poucE Telephone- (413)786-47671 rAX (413)786-4821 MASS y� ��ATiil mA Fax Cover Sheet Date: _ ( 7 O Send To: G V7 70 C',. C)Uo C J Attention: Fax number: f� r From: 4 Number of pages Including cover page This communication is intended only for the addressee(s) and may contain confidential or privileged information. If you are not the intended addressee, any use, disclosure, copying or cone mu2ucation of the content is prohibited. If you receive this message by error, please notify this agency. To'd TEBV98L£TPT 1d3a 30I10d 14UMUOU 6v:ZT LOW-LI-d35 Memo To: Agawam Town Council From: Sgt. Richard Niles Subject: Amendment to Chapter 180 Article VIR, Section 180-44-E, Maximum Allowed Gallons of Gasoline Storage Date- 09/17/2007 Dear Councilors: I have included a copy,of a letter from Robert Bolduc,d.b.a- Pride Station located at 6 North Wes'tfield Street answeriDg some questions I had in regards to increasing the gasoline storage allowed from 30,000 to 50,000 gallons. MiJe I do not have an issue with amending the present zoning regulation, I do have' concerns regarding a negative impact on pedestrian, bicycle,and or motor vehicle traffic safety a super sized gas station may create should that super sized gas station be located in or near a residentiAl are& If the zoning regulation is amended, I would recommend restricting deliveries to off- peak traffic hours only; no delivery to begin before 9:00pm and all deliveries to be completed by 6:00am. There should be some type of punishinent/fi-ne in place for violation of this and or any other restriction the Planning Board/BoaTd of Appeals see fit to adopt. Respectfully Submitted 19f- Sgt. R. Niles Safety Officer Agawam Police Department' id3G 331108 WUMUOU GP:ZT LOOE-LT-d3S �0 d �d101 Peide 246 CD"p St,Spin".MA 01104. M Tel. 413,737-6992 Fax 413-731-BM Sep 13,2007 Sgt.Richard Niles Sa&-Iy offices Town of Agawam 1. How does it>L mmng the quantity from 30,000 to 50,000 gallons allow greats flvdbllity? Answer Having more its the irks crimes a"buffet"that auows the erotica to get through a busy time without haviag to send a truck in 2. Would the same size trucks be used? Answer: All trucks cagy 860o gallon This is the maudmum allowed by law and th=aura used by ail retailers now. The goal.is to have underground tools large enough to handle this so one can bring these trucks in at less busy times, not when the station is oui A.busy times. 3. Would deliveries be made during business hours? Ansmer With large emough tanks one could get past the busiest bouts and only go in at less busy tines. 4. WM the delivery truck be on site any longer? Air. All trucks ana full now so the time to unload will not dnnge. 5. Will nom fuel in the tank increase the Milcehhood of ges wars? Aver: Coa*cdtion in any business has mdsted for yms and is what makes our eoommy the best in the world. Larger tanks vnti not change the cost of any Mailer and so will not give metre an sdvamage- Lager tanks will only allow retailers to deliver at less busy thnes when there is a gas war. Yours truly, Robert Mdui,Pres. Za-d tzea98L2rvi ld3a 3DI10d WbMUOU 6v:Zi L00z--LZ-d3S } fA Town of Ag' awam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 September 12, 2007 Agawam Town Council Donald M. Rheault, President Robert A. Magovem, Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr Bitzas, Councilor Gina Letellier, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Robert E. Rossi, Councilor Jill P. Simpson, Councilor Robert M. Young, Councilor Dear Councilors: At its duly called meeting held on September 6, 2007, in a unanimous vote, the Agawam Planning Board voted to send a positive recommendation to the Council in support of the amendment to Chapter 180 Article VIII, Section 180-44-E, Maximum Allowed Gallons of Gasoline Storage to allow for the storage of up to 50,000 gallons with the restriction that deliveries are not to be made during peak use hours. Comments concerning this amendment from the Safety Officer and the Fire Chief have been attached. If you have any questions, please contact the Planning Office at 786-0400, extension 283. mcerely, Dennis B. Hopkins, Chairman J Agawam Planning Board cc: Clerk, Mayor, Solicitor, Building, File y .f 7 � >r�a�a AGAWAM FIRE DEPARTMENT „ANT -� 800 MAIN STREET • AGAWAM, MA 01001 Q TELEPHONE (413) 786-0657 ;t: FAX (413) 786-1241 e-mail afdchief@agawam.ma.us �Cf { Stephen M. Martin Chief of Department FIRES D � Michael Mereadante Provisional Deputy Chief Georgiann Thompson Administrative Assistant Board of Appeals 164,� August 1, 2007 Town of wam 36 M ' treet warn, MA 01001 Dear Chairperson Prouty, The fire department has reviewed the issue of allowing the storage of up to 50,000 gallons of gasoline on a site. The State Fire Marshal's office has no ojections to this practice. If allowed, I recommend that delivery hours be be restricted to off-peak traffic hours, such as 2100 hours to 0600 hours. TV hank Stephen Martin Fire Chief ' DECEIVED SEP 0 5 2007 BOARD OF APPII Memo To: Planning Board From: Sgt. Richard Niles Subject: Proposed Zoning Amendment—Maximum Gasoline Storage Date: 08-15-2007 How does increasing "the current storage limit of 30,000 gallons of gasoline to 50,000 gallons of gasoline allow gas stations greater flexibility in making deliveries, thus avoiding peak times and improving the public safety"? Would not the same size delivery trucks be used? Would not the deliveries be made during regular business hours? Would not the delivery truck be on site for a longer period of time unloading more gasoline? Would not more gasoline in the storage tanks increase the probability of gasoline wars? Respectfully Submitted 6 Niles Safety Officer Agawam Police Department RECEIVED AUG 15 2007 PLANNIHNii"' BOARD Total allowed storage 30,000 gallons: NL SUPER DIESEL Tank 10,000 10,000 10,000 -10% Top -1,000 -1.000 -1,000 -10% Bottom -1,000 -1.000 -1.000 USABLE 8,000 8,000 8,000 Typical Busy_ Day Truck#1 8600 gal. Must deliver 8,000 NL Truck#2 8600 gal. even if Truck #3 8600 gal. congested Solution: Add I tank @15,000 4------- Deliver when safe. This is an issue of public safety. § 180-44. Permitted uses. In any Business A District as indicated on the Building Zone Map,no building or other structure shall be erected, altered or used andno'land shall be used or occupied for any purpose except one or more of thefollowing: A., Any use permitted in a residence district or an Agricultural District. B.. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the promises or to furnish a' service intended for . residents of the inunediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structu're or land shall be used in whole or in pail for any.fabricating, manufacturing, converting, altering, finishing or assembling. D, One-story public garages for' storage or repair of not more than 5 0 cars. The storage of a maximum of 150 motor vehicles out of doors is allowed to hold�r§ of first- and second-class motor vehicle dealer licenses. Body,and fender work and the pqinting of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehi6le parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buse§ and ambulances is permitted. An underground tank of not more thaii 1,000-gallons' capacity for drain oil is permitted. in nE. A gasoline filling station, which shall include self-service gasoli e filling or �,�vice stations,,Erovided that not more than-30.0'00 gaflons of gasoline a4U be stored oil enclosed lubiitorium for not more Ean three motor vehicles shall be pem-dtted. Only minor repairing of-mot6r vehicles is permitted. [Amended 11-2-�.002 by TR-2002-53] (1) For the public purpose to promote and protect the health, safety, and welfare of the residents of the Town of Agawam, to prevent and control fires, and to control traffic, it is deemed to be in the best interests of the Town of Agawam to regulate the number.of gasolin6 filling stations within the Town of Agawam. (2) For the purpose of licensing gasoline s'ervice stations under the provl�ions o-17' L ,Massachusetts General Laws Chapter 148 § 13, there shall beno more than 20 issued at any one time, and no liqen�e shall be issued for a gasoi ine,filling station located within 200 fdet of a residence, school or church. SEP-12-2005 19:42 TOWN OF AGAWAM -?e6 9927 P.01 W W IQ3YN OF AGAW PROCEDIM F-0-RAPr R GASOLINE STORAGE kE 1. Appficant must fill out the Certificate of Occupancy form, The form must have two copies of the Plot Plan and be Uproved and sijo�d b��e Building inspector. I Complete the Application for License to kee , store, and use gasoline and/or p petroleum and it's products. Specif ying if application is for private use or resale. �ring application and plot plan to the Fire Chief or Fire InMector forapproval. and sighature. 3. Complete the abutter list from the records in the Assessors office. 4. Turn in all completed forms to the Town Clerk's office. The Town Clerk's office will send copies to the Council Clerk rcquesting that a public hearing date be aLt by.the Council at the next Town Council mexting. The Council Clerk will notify the Town Clerk's office and the Town Clerk's office will notify the applicant to pick up the legal ad. 5. The Town Clerk's office will type the legal ad for publication in the Agawam Advertiser News, The appficant is respon' sible for placing the ad in the newspaper and for the fee for the same. (by noon titne on Tuesday) 6. ApplicantAiff notify all abutter of public hearing. Notification of legal abutter is done by clipping legal ad from papers, and sending to legal abutter by Registered Mail, Return Receipt requested. itt .7.--The return receipts returned to applicant must be subrr� ted to the Council Clerk at the Pubhc Hearing. Applicant is responsible for attending the pubhc hearing. S. Applicant will then be advised by letter, of the decision of the Town Council regarding license approval or denial, Council will notify the Town Clerk's office. 9. Final Building permit must be approved by the Building Department. fR �tOF 527 CMR: BOARD OF FIRE PREVENTION REGULATI S i I ),rit, ivalrlt,,r, te berglass rein )or its equivalent,or shall be protected against corrosion by the use of a steel system cathodically protected by impressed current or sacrificial anodes or by some other type of equivalent protection. (2) Product lines shall be installed in a trench between the tank area and the-pump island. Similarly,underground vent lines shall be installed in a trench. (4) Before underground piping is installed,the trench shall receive a minimum six-inch- deep bed of well-compacted non-corrosive material such as clean washed sand or gravel. All trenches shall be wide enough to permit at least six inches of non-corrosive backfill material around all lines. (5) All pipes connected to such tanks shall lead from the tops of tanks,and the tops of all tanks shall be below the level of the lowest horizontal pipe used in the connection therein except where the design specifically prevents a possible syphoning condition and has been approved by the head of the fire department. (6) All pipes used for the conveyance of flammable liquid shall decline to tanks without traps or pockets,and shall be protected against injury. Intermediate sumps to allow piping decline to tanks shall not be considered a trap or pocket provided the sump is monitored for Icak detection. Piping drops from submerged pumps to allow piping decline to the Link shall not be considered a trap. (7) Underground copper piping or tubing shall not be used on new or replacement piping installations unless the copper piping or tubing is adequately protected against physical damage and protected from corrosion.Copper piping or tubing shall only be allowed for use as a product line when installed in an installation covered by 527 CNIR 4.00. (8) At marine fueling facilities where tanks are at an elevation which produces a gravity head on the dispensing unit, the tank outlet shall be equipped with a device, such as a solenoid valve,positioned adjacent to, and downstream from, the outlet, so installed and adjusted that liquid cannot flow by gravity from the tank in case of piping or hose failure when the dispenser is not in use. (9) A double elbow swingjoint or flexible connector shall be installed at all locations where piping changes direction from horizontal to vertical or from vertical to horizontal. (10) Flexible connectors constructed and listed for underground applications shall be permitted to be used without backfill in below grade tank sumps. (C) Underground TaLik Installation. (1) No new or replacement tank or DiLing-shall D:.�n�talled,whether as part ofa new or existiiig storage facinty,unless the owner has 4ven notice ojitq installation to the head off the fire department-and-no new or replacement—ta-rEwr piping shall be—bu—n--cTo—rconcealed until it has been inspected for damage and external defects,and has been app!qy�d by the head of the fire department or his designee. A tightness test on all new or replacement tanks and piping shall be done after the installing,backfilling,and surfacing to grade have been completed,this test shall be of both the tank and the piping. (2) No new or replacement tank shall be installed except by a contractor who has been certified in writing by the manufacturer or a petroleum equipment association as qualified for the purpose. The contractor shall,prior to any installation,submit to the head of the fire department a copy of such certificate. (3) Thv installation of anew or replacement tank-,including anchoring of the tank,shall be carried out in accordance with the manufacturer's recommendation,accepted engineering practices,and the provisions of 527 CMR 9.05(C),provided that the backfill.material for FRP(fiberglass reinforced plastic)tanks shall be pea gravel or crushed stone and the backfill material for all other tanks shall be either pea gravel or clean noncorrosive sand free of cinders, stones, and any other foreign material with the material under the tank to be compacted and the balance to be placed in uniform lifts and to be thoroughly compacted. (4) Any damage to the exterior of a tank or its coating shall be repaired before the tank is covered. (5) Every new or replacement tank and its piping shall be tested se ately,at the owner's plar expense,prior to its being buried.. i�e tank shall be tested by air pressure not less than three lbs.and ri(�t 'more than five lbs.per square inch. The piping shall be tested hydrostatically (or by air pressure)to 150%of the maximum anticipated pressure of the system bu I t not less than 50 lbs. per square inch gauge at the highest point of the system. After the 'tank and piping have been fully buried,all subsequent testing of the underground tanks shall be done 2/13/04 527 CMR-98 AGA IRE PARTIVIENT G GAW AWAMj MA. 01001 ONE (4 1 We TE ONE (413) 7.86-0657 pit FAX (413) 786-1241 David A. Pisano Chief of Departm�nt Stephen M. Martin Ddputy.Chief, I R E Michael R. Mercadante Fire Inspector MEMO DATE 10/27/05 TO: PLANNING BOARD CELAIRMAN MR. D. B. HOPKINS' RE: PREI)E CONVENIENCE INC. GASOLINE STORAGE INCREASE DEAR CHAIRMAN; ALTHOUGH THE FIRE DEPARTMENT HAS NO ISSUE WITH THIS INCREASE IN STORAGE, AND IN ALL TRUTR TBE HIGBER STORAGE AMOUNT WOULD REDUCE THE FREQUENCY OF F`UEL DELIVERIES MAKING FOR A SAFER-SITUATION ALL AROUND. THE ISSUE AT HAND, AT THIS TIME,IS.T14AT THIS AMOUNT OF STORAGE IS NOT ALLOWED IN YOUR ZONING REGULATIONS: (see 180-44 [E] BUSINESS A. THE CURRENT LICENSE IS'FOR 34,000 GALLONS, WITH THIS INCREASE IT WILL BE 48,000 GALLONS-. THE ACTUAL AMOUNT OF STORAGE ON MS SITE IS 33,000_ GALLONS. TBE LIMIT IN THE ZONING REGULATIONS IS 30.000 GALLONS, BE ADVISED THAT THIS AMOUNT OF STORAGE WAS ALLOWED ERRONEOUSLY BEFORE I WAS-MADE FIRE INSPECTOR. FIRE INSPECTOR NUCHAEL R. M[ERCADANTE M�s(Re.pdwt)is a tPue and acc=te acommthvofe��&atif findiripwhith 4mmeounzm�d on dic day or days mentioned in the report This(Repon)maybe wpid bW NOT A1,TEIZFD IN ANY WAX OR BY ANY 0MISSZONS.Per,M.G.L.Part IV.TWe 1,Chapw 26&sm.6 A-Whoever,briug=officer or empkj�,w afthi Cawonwolth or afanypoli.lic.1�60visia. jheFvtzf in the co�ofAris official darjej=emresfilt,*,,Pwvish�mlyfalze atiiwr�or valm�z,Ao�ing zhr��io befalie in a martrialm�&r,SHALL BE PUNISHED JW afine oliat rhan(SI000)DOLLARS nd r fMPRISONNIENT Fa,,ial-ore A—ONE YEAR, SEP-12-2007 00:21 TOWN OF AGAWAM ?BG 9�27 P.02 'A Town of Agawam 1% 36 Main Street Agawam, Massachu.setts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 Sept ember 12, 2007 Agawam Town Council Donald M. Rheault, President Robert A. Magovern,Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr Bitzas, Councilor Gina Letellier, Councilor Joseph Mineo, Councilor Denni s Perry, Councilor Robert E. Rossi, Councilor Jill P. Simpson, Councilor Robert M. Young, Cotuicilor Dear Councilors- At'its,duly called meeting held on Scptcmber 6, 2007, in a unani�nous vote, the Agawarn Planning Board voted to send,a.positive recommendation to the Council in suRport ol-Uic�amcndnlclrit to Ma-pt-er-I�90Article VITT, Section 180-447, Max-i-m`u­m—Al lowed Gallons o o I 117-e�io r-a g�et o allow for the storage of up to 50,000 gallons witli the restriction that deliveries are riot to be made during peak use hours. CommunN conceming this amendment from the Safety Officer and the Fire Chief have been attached. If you have any qi�esrions,please rontact the Planning Office at 786-0400, extension 28'). cere y, Dennis. B. Hopkin5, Chai mian Agawam Planning Board Building, File Ic olicitor Bul TOWN OF AGAWAM -MEMORANDUM 0 To: Planning Board 'cc: Robert Bolduc—Pride Gas Inc., File From: Engineering Date:' October 14, 2005 Subject: 9P—471 —Pride Gas—6 North Westfield Street The site plan submittal titled"Site Plan—Pride—6 North Westfield Street", Agawam,MA;Date Issued: Rev. 4-1-04 by Steiger Engineering Inc. The current plan is from a previous site plan submittal with existing and proposed tank locations indicated. It is assumed that these are underground storage tanks for gasoline fuel products for retail sale. Based upon this assumption, I make the following comments. L The proposal of an additional underground storage tank will not make a permanent impact on the above ground layout of the site. 2. The proposed tank mu­�i not ini�rfere with any"ekistinig underground util ities. 3. Additional gasoline fuel storage at the site would reduce the need for frequent fuel deliveries. 4. During the construction phase, it will be necessary to adequately protect the public from construction.activities and excavations. It may be necessary to shut d6wn some of the current active gas pumps for safe public access at the site. 5. Engineering defers to the Fire Department for any needed approvals or requirements pertainino, to underground storage tank permitting or licensing . Please'. do not h sitate to con7tt this ivision with any questions. 7 e�r te J. VYm;/1P E. RCCEI'VED ' . To ineer _J 14 2005 PLANNING `40ARD SEP-12-2007 00:21 TOWN OF A 786 r P.03 A AGAU" FIRE PARENT d 800 MA TR111+' CAWAM,MA 0100:1 4 � N1 1 OVE (413) 786-0657 FAX(413) 786-1241 _ e-mail afdchief@agawam.ma.us C' Stephen M. Martin Chief of Department FIRES Michael Mereadante Provisional Deputy Chief Georgiann Thompson Administrative Assistant Board of Appeals August 1, 2007 Town�treet 36 M wam, MA 01001 Dear Chairperson Prouty, The fire department has reviewed the issue of allowing the storage of up to 50,000 gallons of gasoline on a site. ;:be State Fire Marshal's office has no oiections to this practice If allowed, I reconunend that delivery hours be be restricted to off-peak traffic hours, such as 2100 hours to 0600 hours. Thank ou, Stephen . Martin Fire Chief ' C ECE!VF-d SEP 0 5 2007 BOARD OF APPEALS 11 Pii*de 246 Cottage St.,Springfield,MA 01104-4062 Tel. 413-737-6992 Fax 413-731-5852 Sep 13, 2007 Sgt. Richard Niles Safety Officer Town of Agawam 1. How does increasing the quarrti from 30,000 to 50,000 gWlons allow greater flexibili ? Answer: Having more in the tanks creates a"buffer"that allows the station to get through a busy time without having to send a truck in. ` - 2. Would the sarne size trucks be used? Answer:_ All trucks carry 8600 gallons. This is the maximum allowed by law and these are used by all retailers now. The goal is to have underground tanks large enough to handle this so one can bring �1 these tricks in at less busy times, not when the station is out at.busy tunes. 3. Would deliveries-be made during business hours? Answer: With large enough tanks one could get past the busiest hours and only go m"at less busy times. 4. Will the deliv=truck be on site any lon er? A.ns�wey- All trucks are fiiil now so the time to unload will not change. 5. Will more fuel in the tank increase the likelihood of was wars? Answer: Competition in any business has existed for years and is what makes our economy the best in the rld. Larger tanks will not change the cost of any retailer and so will not give anyone an advantage. Larger tanks will only allow retailers to deliver at less busy times when there is a gas war. Yours truly, Robert Bolduc,Pres. ` .A# x Memo To: Agawam Town Council From: Sgt. Richard Niles Subject: Amendment to Chapter 180 Article VIE, Section 180-44-E, Maximum Allowed Gallons of Gasoline Storage Date: 09/17/2007 Dear Councilors: I have included a copy of a letter from Robert Bolduc, d.b.a. Pride Station located at b North Westfield Street answering some questions I had in regards to increasing the gasoline storage allowed from 30,000 to 50,000 gallons. While I do not have an issue with amending the present zoning regulation, I do have concerns regarding a negative impact on pedestrian, bicycle, and or motor vehicle traffic safety a super sized gas station may create should that super sized gas station be located in or near a residential area. If the zoning regulation is amended, I would recommend restricting deliveries to off- peak traffic hours only; no delivery to begin before 9:00pm and all deliveries to be completed by 6:00am. There should be some type of punishment/fine in place for violation of this and or any other restriction the Planning Board/Board of Appeals see fit to adopt. Respectfully Submitted -'A� A. Sgt. R. Niles Safety Officer Agawam Police Department i ES :Z1 d L I d3S L061 'dw 10Md9y, - 09/14/2007 16:58 4137315852 PRIDE PAGE 01 P ii'd e 246 Cotttage St., Springfield.MA 011 04-4002 Tel. 413.737-6992 Fax 413-731,852 Sep 13,2007 Sgt.Richard Nles . Safety Offs cer Town of Agawam 1. Hour does m' measing the quantity from 30,000 to 50,000 gallons allow greater flexibility? Answer. Having more in the tanks creates a"bu$pa 'that allows the station to get tbrough a busy time without having to send a truck in. 2. Would the same size trucks be used? Answer. AU trucks carry 8600 gallons. T lus is the maximum allowed by law and these are used by all retailers now. The goal is to have underground tanim large enougb to handle this so one can, bring i -these trucks in at less busy times, not when the station is out at .busy times. 3. Would deliveries be made during business houzs7 Answer: With large enough tanks one could get past the busiest hours and only go in at less busy times. 4. Will the delivery truck be on site any longer? Answer- All trucks are full now so the time to unload will not chane. S. WT more fuel in the tank increase the likelihood of.gas wets? Answer: Competition in any business has existed for yem and is what makes our economy the best in the world. lm-ger tanks will not change the cost of any retailer and so will not gave anyone an advantage. Larger tanks will only allow retailers to deliver at less busy times when there is a gas war. Yours truly, Robert Bolduc,Pres. it � A A Town of Ag' awam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 M September 12, 2007 Agawam Town Council Donald M. Rheault, President Robert A. Magovern, Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr Bitzas, Councilor Gina Letellier, Councilor Joseph Minco, Councilor Dennis Perry, Councilor Robert E. Rossi, Councilor Jill P. Simpson, Councilor Robert M. Young, Councilor Dear Councilors: At its duly called meeting held on September 6, 2007, in a unanimous vote, the Agawam Planning Board voted to send a positive recommendation to the Council in support of the amendment to Chapter 180 Article VIII, Section 180-44-E, Maximum Allowed Gallons of Gasoline Storage to allow for the storage of up to 50,000 gallons with the restriction that deliveries are not to be made during peak use hours. Comments concerning this amendment from the Safety Officer and the Fire Chief have been attached. If you have any questions, please contact the Planning Office at 786-0400, extension 283. incerely, Dennis B. Hopkins, Chairman Agawam Planning Board CC' Clerk, Mayor, Solicitor, Building, File l r. r,ati 1ti:: ' AGAWAM FIRE DEPARTMENT ar'V�N 800 MAIN STREET • AGAWAM, MA 01001 ? P TELEPHONE (413) 786-0657 FAX (413) 786-1241 e-mail afdchief@agawam.ma.us ��• Stephen M. Martin Chief of Department FIRES fit►!` Michael Mercadante Provisional Deputy Chief Georgiann Thompson Administrative Assistant Board of Appeals Ian August 1, 2007 Town of Agawarti 36 MaurStreet ,Aggw' am, MA 01001 Dear Chairperson Prouty, The fire department has reviewed the issue of allowing the storage of up to 50,000 gallons of gasoline on a site. The State Fire Marshal's office has no ojections to this practice. If allowed, I recommend that delivery hours be be restricted to off-peak traffic hours, such as 2100 hours to 0600 hours. Thank ou, ,L Stephen Martin Fire Chief ' RECEIVED SEP 0 5 2001 BOAR© OR APPEALS Memo To: Planning Board From: Sgt. Richard Niles Subject: Proposed Zoning Amendment—Maximum Gasoline Storage Date: 08-I5-2007 How does increasing "the current storage limit of 30,000 gallons of gasoline to 50,000 gallons of gasoline allow gas stations greater flexibility in making deliveries, thus avoiding peak times and improving the public safety"? Would not the same size delivery trucks be used? Would not'the deliveries be made during regular business hours? Would not the delivery truck be on site for a longer period of time unloading more gasoline? Would not more gasoline in the storage tanks increase the probability of gasoline wars? Respectfully Submi tttted Cr Sgt. R. Niles Safety Officer Agawam Police Department RECEIVED AUG 1 5 Z007 o - 3 Town of Agawam rj� a 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 QRAT Efl MP To: Agawam City Council From: Richard M. Theroux, Town Clerk Please be informed the Clerk's Office on July 10, 2007 received the enclosed petition. The Board of Registrars have certified 18 (eighteen) signatures of registered voters from the Town of Agawam. cc : Mayor Richard Cohen Law Dept. Deborah Dachos Michele Webber .J • ;v4'N ULERK AGAWAM, -MASS. Ir Ol JUL 10� :A 7 The undersigned, who are registered voters of Agawam, Massachusetts, request that the Town of Agawam change their zoning regulations (Ch.]80-44 [E]) from the current storage limit of 30,000 gallons of gasoline to 50,000 gallons of gasoline. The reason for this change is to allow gas stations greater flexibility in making deliveries, thus avoiding peak times and improving the public safety. N me Address Precinct q�Llj 'RI ILI ce tie jj j 'S JWN CLERK OF hUt AGAWAM. MASS. 07 JUL 10 P! 7 The undersigned, who are registered voters of Agawam, Massachusetts, request that the Town of Agawam change their zoning regulations (Ch.180-44 [E]) from the current storage limit of 30,000 gallons of gasoline to 50,000 gallons of gasoline. The reason for this change is to allow gas stations greater flexibility in making deliveries, thus avoiding peak times and improving the public safety. Name Address Precinct -57- AO LK t