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TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
Sponsored by: Councilors Robert E. Rossi,Gina M. Letellier,Cecilia Calabrese,Donald M. Rheault, Robert A.
Magovem, Dennis J.Perry,Joseph Mineo,Jill P. Simpson, Ruth A. Carr Bitzas, Robert M. Young,George Bitzas
WHEREAS,the Code of the Town of Agawam Zoning Ordinances, Article XVIII, entitled "Temporary
Parking"as set forth in Chapter 180, Sections 130, 134, 132, 133, 134,and 135 inclusive, was approved by the
City Council on June 14, 2007; and
WHEREAS,that this new ordinance has developed deep concern that its enforcement is not in good keeping
with the public and the general welfare of the community; and
WHEREAS,Article XV111, of Chapter 180,entitled"Temporary Parking"as set forth in Sections 130, 13 1,
132, 133, 134 and 135 inclusive, should be repealed and deleted; and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest of the City of
Agawam, the public and the general welfare of the community;and
NOW THEREFORE,the Agawam City Council hereby resolves, ordains, amends and enacts to the Code of
the Town of Agawam as follows:
The City Council hereby votes to amend Chapter 180, entitled "ZONING" by repealing and deleting the
current Article XV111, "Temporary Parking"as set forth in Chapter 180, Sections 130, 13 1, 132, 133, 134 and
135 inclusive.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
Vincent R Gioscia,City Solicitor
��ev
TOR-2007-6
AN ORDINANCE TO AMEND TUE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REAPEALING "TEMPOREARY PARKING99
Sponsored by, Councilors Robert E.Rossi,Gina M.Letellier,Cecelia Calabrese,Donald M.Rheault,
Robert A.Magovern,Morris Perry Joseph Minee,Jill P.Simpson,Ruth A.Carr Dittos,Robert M.
Young,George Bitzas
Whereas, The code of the Town Of Agawam Zoning Ordinances,Article XVH1,entitled
Tempomry Parking"as set forth in Chapter 180, Sections 130, 131, 132, 133, 134 and 135
inclusive,was approved by the City Council on June 14,2007;and
Whereas, that this new ordinance has developed deep concern that it's enforcement is not in
good keeping with the public and the general welfare of the community;and
WhereaSq Article XVW,of Chapter 180, entitled"Temporary Parking�' as set forth in
Sections 130, 131, 132, 133, 134 and 135 inclusive, should be repealed and deleted;and
Whereas, the proposed amendments to the zoning ordinances are in the best interest of the
City of Agawam,the public and the general welfare of the community; and
Now Therefore, the Agawam City Council hereby resolves,ordains,amends and enacts to
the code of Agawam as follows:
The City Council hereby votes to amend Chapter 180,entitled"ZONWG"by repealing and
deleting the current Article XVIfl, "Temporary Parking"as set forth in Chapter 180, Sections
180-130, 131, 132, 133, 134 and 135 inclusive,
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald NL Rheault,President
RO D S TO FORM AND LEGALGALITY
1 eent*.,44ioseia,City Solicitor
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
Sponsored by: Councilors Robert E. Rossi,Gina M. Letellier,Cecilia Calabrese, Donald M. Rheault,Robert A.
Magovern, Dennis 1. Perry,Joseph Mineo,Jill P. Simpson, Ruth A. Carr Bitzas, Robert M. Young, George Bitzas
WHEREAS,the Code of the Town of Agawam Zoning Ordinances, Art�icl'eXVIII, entitled"Temporary
Parking"as set forth in Chapter 180, Sections 130, 131, 132, 133, 134,and 135 inclusive,was approved by the
City Council on June 14,2007; and
WHEREAS,the Mayor has indicated that certain parking areas and groups in Agawam will be exempt from
this new ordinance- and
WHEREAS,these exemptions and selective enforcement would seem to be- counter to the argument that this
new ordinanec was passed solely for public safety;.and
WHEREAS,that these exemptions to this new ordinance effectively treat different classes of citizens
' I ' '
differently, thus favoring one class of citizens and discriminating against another class of citizen; and
WHEREAS,that this new Ordinance has developed deep concern that its amendments violate Equal
Protection Clause of the U.S. Constitution; and
WHEREAS,Article XV111, entitled"Temporary Parking" as set forth in Chapter 180, Sections 130, 131, 132,
133, 134 and 135 inclusive, should be repealed and deleted;'and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest of the City of
Agawam, the public and the general welfare of the community; and
NOW THEREFORE,the Agawam City Council hereby resolves, ordains, amends and enacts to the Code of
the Town of Agawam as follows:
The City Council hereby'votbs to amend Chapter 180, entitled "ZONING" by repealing and deleting the
current Article XV1111, "Temporary Parking"as set forth in Sections 130, 13 1, 132, 133, 134 and 135 inclusive.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
-AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
'Sponsored by:- Councilors Robert E.Rossi, Gina M.Letellier, Cecilia Calabrese, Donald M. Rheault,Robert A.
Magovern, Dennis J. Perry, Joseph Mineo, Jill P, Simpson, Ruth A.Carr Bitzas, Robert M. Young, George Bitzas
WHEREAS,the Code of the Town of Agawam Zoning Ordinances, Article XVIII, entitled "Temporary
Parking"as set forth in Chapter 180, Sections 130, 131, 132, 133, 134,and 135 inclusive,was approved by the
City Council on June 14,2007;and
WHEREAS,the Mayor has indicated that certain parking areas and groups in Agawam will be exempt from
this new ordinance;and
WHEREAS,these exemptions and selective enforcement would seem to be counter to the argument that this
new ordinance was passed solely for public safety;and
WHEREAS, that these exemptions to this new ordinance effectively treat different classes of citizens
differently,thus favoring one class of citizens and discriminating against another class of citizen; and
WHEREAS,that this new Ordinance has developed deep concem that its amendments violate Equal
Protection Clause of the U.S. Constitution; and
WHEREAS,Article XVIII, entitled "Temporary Parking"as set forth in Chapter 180, Sections 130, 131, 132,
133, 134 and 135 inclusive,should be repealed and deleted; and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest of the City of
Agawam, the public and the general welfare of the community;and
NOW THEREFORE,the Agawam City Council hereby resolves, ordains, amends and enacts to the Code of
the Town of Agawam as follows:
The City Council hereby votes to amend Chapter ISO,entitled"ZONfNG"by repealing and deleting the
current Article XV111,"Temporary Parking" as set forth in Sections 130, 431, 132, 133, 134 and 135 inclusive.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rbeault, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REAPEALING "TEMPOREARY PARKING"'
Sponsored by:Councilors Robert E.Rossi,Gina M.Letellier,Cecelia Calabrese,Donald M.'Rheaul4-Robert A.
Magovern,Dennis Perry Joseph Mineo,JillP.Simpson,Ruth A.Carr Hitzas,Robert M.Young,George Hitzas
Whereas� The code of the Town Of Agawam Zoning Ordinances,Article XV111,entitled"Temporary Parking!'
as set forth in Chapter 180,Sections 00, 131, 132, 133,134 and 135 inclusive,was,approved by the City Council on
June 14,2007;and
Whereas, The Mayor has indicated that certain parking areas and groups in Agawam will be exempt from this
new ordinance,and
Whereas, these exemptions and selective enforcement would seem to be counter to the argument that this now
ordinance was passed solely for the purpose of public saftly;and
Whereas, that these exemptions to this new ordinance effectively treat different classes of citizens differently,
thus favoring one class of citizens and discriminating against another class of citizen,and
Whereas, that this new ordinance has developed deep concern that it's wnendments violate Equal Protection
Clause(s)of the U. S.Constitution;and
Whereas, Article xviii,of chapter i8o, entitled"Temporary Parking7 as set forth in Sections 130, 131, 132,
133, 134 and 135 inclusive,should be repealed and deleted;and
Whereas, the proposed amendments to the zoning ordinances are in the best interest of the City of Agawwn,the
public and the general welfare of the community;and
Now Therefore, the Agawam City Council hereby resolves,ordains,amends and enacts to the code of
Agawam as follows:
The City Council hereby votes to amend Chapter 180,entitled "ZONING"byrepealing and
deleting the current Article XV111, "Temporary Parking"as set forth in Sections 180-130, 13 1,
132, 133, 134 and 135 inclusive.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALGALITY
Vincent F, Gioscia, City Solicitor
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
Sponsored by: Councilors Robert E.Rossi,Gina M.Letellier, Cecilia Caiabrese,Donald M.Rheault, Robert A.
Magovem, Dennis I Perry, Joseph Mineo,Jill P. Simpson,Ruth A. Carr Bitzas, Robert M. Young,George Bitzas,
WHEREAS, the code of the Town of Agawam Zoning Ordinances, Article XVIII,
Section 180-44F, entitled "Temporary Parking"was approved by the City Council on
June 14, 2007; and
WHEREAS,the Mayor has indicated that certain parking areas and groups in Agawam
will be exempt from this new ordinance; and
WHEREAS, these exemptions and selective enforcement would seem to be counter to
the argument that this new ordinance was passed solely for public safety; and
WHEREAS,that these exemptions to this new ordinance effectively treat different
classes of citizens differently, thus favoring one class of citizens and discriminating
against another class of citizen; and
WHEREAS,that this new Ordinance has developed deep concern that its amendments
violate Equal Protection Clause of the U.S. Constitution; and
WHEREAS, Article XVIH, Section 180-44, entitled "Temporary Parking" should be
repealed and deleted; and
WHEREAS, the proposed Amendments to the zoning ordinances are in the best interest
of the Cit
,y of Agawam, the public and,the general welfare of the community; and
NOW THEREFORE,the Agawam City Council hereby resolves, ordains,amends and
enacts to the Code of the Town of Agawam as follows:
The City Council hereby votes to amend Chapter 180, entitled "ZONING" by repealing
-and deleting the current Article XVIII, "Temporary Parking" language in Section 180-44,
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M, Rheault, President
TOR-2007-6
1AM ZONING
AN ORDINANCE TO AMEND THE CODE OF THE TOWN Or�A IA
ORDINANCES BY ADDING A NEW ARTICLE XVIII, "TEMPORARY PARKING17
Whereas, the Town of Agawam is the home of Six Flags-, and
Whereas, the Town of Agawam is adjacent to the Big "E" fairgrounds; and
Whereas,at various times a year parking is required for various civic and charitable and
social events; and
Whereas, it is a matter of public safety to regulate temporary pat-king within the Town of
Agawam,- and
Whereas, it is in the best Interests of the Town of Agawam to be fair and consistent with
all temporary parking within the Town;
NOW TFIEREFORE, the Agawam City Council hereby resolves,ordains, enacts and
amends as follows:
The City Council hereby votes to amend Chapter 180, entitled "ZONING", by deleting the
current "transient parking" language in §I 80-44(F), and adding a new Articie'XVII I, "Temporary
Parking" as set forth in the attached Exhibit A.
PER 0 VER OZHE AGA 14T Y
All
DonA`Pr. RheaultJ President Date
PtED A Q FORM AND LEGALITY
m1F. t—ioscia, City Solicitor Date
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QC
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Exhibit A
ARTICLE XVIII
Temporary Parking
§180-130, Definitions and word usage,
A. TEMPORARY PARKING—Temporary parking is defined as the parking of
vehicles, whether for a fee or gratis, which is not incidental to the primary
business or residential use of the property at issue. Ternporary Parking shall only
be allowed by Special Permit pursuant to this Chapter.
§180-1-31, General.
Persons, partnerships, trusts, associations, corporations, civic and charitable organizations
shal I be a]lowed to have temporary parking on their property, whether for a fee or gratis,
via special permit granted by the Board of Appeals after a public hearing, If the applicant
does not own the property for which a special permit for temporary parking is sought, the
owner of the property must join the application.
This sectionshall apply to every zone defined in Chapter IM
The application to obtain a special permit for temporary parking shall be as outlined ill
§180-11.
The duration of a special permit for temporary parking shall be no longer than two (2)
years.
§180-132. Criteria and conditions.
The Board of Appeals shall use the following criteria and conditions in determining
whether or not to grant a special permit pursuant to this section.
A. Criterix
1. Sufficient, in the discretion of the Board of Appeals, rneans of ingress and
egress shall be provided to and from the temporary parking area,
2. Sufficient and safe, in the discretion of the Board of Appeals, pedestrian
access to and from the ternporary parking area and the destination of those
using the temporary parking area.
I Traffic control shall be provided as required by the Town Of Agawam in
the form of a police detail to be paid for by the petitioning entity.
0
B. Conditions:
L No overnight parking shall be allowed.
2. Sufficient, in the discretion of the Board of Aopeals, shielded lighting to
illuminate the temporary parking area to provide for public safety while
not spilling over on to adjacent properties.
Parking shall not extend beyond the property lines.
4. At no time shall vehicles utilize the public way to access or exit frorn
parking spaces.
5� A percentage ofthe parking spaces shall be designated as handicap as
required in this Chapter and the Arriericans with Disabilities Act (ADA).
Such parking spaces shall comply with all markings required by the Town
of Agawam, state and federal authorities.
6. The use of flagmen to direct or control traffic shall be prohibited.
7, A plan for the premises shall be submitted to the Board of Appeals. Said
plan shall show:
L Number of parking spaces proposed.
2. Means of ingress and egress.
3, Location of structures.
4. Location of fences or other barriers, whether natural or
artificial.
5. Location of signs,
6. Location of sidewalks and/or other pedestrian ways.
7. The plan shall be drawn to scale.
8, A report shall be provided by the Public Safety Officer of the Agawam
Police Department. Recommendations of the officer may be used as
additional conditions by the Board of Appeals.
9. A report shall be provided by the Fire Inspector as to the condition of the
premises with regard to the temporary parking area. Recommendations of
tile inspector may be used as additional conditions by the Board of
Appeals.
10. Temporary parking areas shall comply with any and all other licensing and
permit requirements of the Town of Agawam, state and federal authorities,
11. Any other conditions that the Board of Appeals deems necessary to
provide for public safety,
w
12. Upon the transfer of any property issued a special permit under this article,
said special permit will become mall and void.
1 0-133. Enforcement
The Inspector of Buildings or his designee or the Police Chief or his designee shall
enforce this chapter.
1 0-134,. Violations and penalties.
Any violation of this Chapter may, in the discretion of the Inspector of Buildings;or his
designee, or the Police Chiefor his designee, be enforced by the noncriminal complaint
method for which provision is made, and/or as set forth in M L c. 40, §21 U, as amended
from time to time, that is, noncriminal disposition. Fines issued pursuant to this section
shall be 100. per vehicle per day, Each day that such violation exists shall constitute a
separate offense under this section.
1 0-13 . Severability,
If any subsection and/or portion of this section is for any reason declared invalid or
unconstitutional by any court, every other subsection and/or portion shall continue in hill,
force and effect:
Received this ..-�5\ day of , 2007 from Town Council Clerk.
Signed by Council President this � ��day of (4 -Y--1.2 , 2007.
APPROVAL OF LEGISLATION
By the powers vested in nee pursuant to Article 3 Section 3-6 of the Agawarn Chatter, as
amended, I hereby approve the passage of the above legislation on this ��` day of
2007.
Richard A. Cohen, Mayo
DISAPPROVAL OF LECI LATIOIN
By the powers vested in me pursuant to Article 3', Section 3-6 of the Agawam Charter, a
amended, Thereby veto the passage of the above legislation on this_�- day of
2007 for the following yeas n(s
Richard A. Cohen, Mayer
RLT- RIN O F LEGISLATION TO COUNCIL�CLERK
Returned to Council Clerk this.,� �_q day of LC , ZO07
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MA.SSACH SETTS 0I001
ww
LEGAL NOTICE LEGAL NOTICE
PRESIDENT PUBLIC HEARING
Donald M Rheault A AWAM CITE' COUNCIL
VICE PRESIDENT
Robert A. a'a overn {
The Agawam City Council will hold a public hearing on ,
George l®Rs November 7, 2007 at'7:3 P.M. at the Agawam Middle School, 69
Cecilia
abre Rein; Street Agawam, MA The purpose of this hearingwill be to
Ceeilia Calabrese � p
Ruth Carr Bitxas hear the petition of the Agawarn City Council to Amend the Cede
Gina M Letelli r of the Town of Agawam honing Ordinances by Deleting and
Joseph A ineo Repealing"Temporary Parking" {T )R-2Q07-b).
Dennis.!. Perry
Robert E. Rossi
Jill P.Simpson BY ORDER OF:;
Robert M. Young
Donald M. Rheault
COUNCIL CLERK City Council President
Ursula Retzler
TO BE ADVERTISED ON OCT 18, 2007 AND OCT 25, 20 7.
rn
Cn
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TELEPHONE
13) 786-0400 Ext. 233
FAX
(413) 786-9927
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
Sponsored by: Councilors Robert E. Rossi,Gina M. Letellier, Cecilia Calabrese,Donald M. Rheault,Robert A.
Magovern, Dennis J. Perry,Joseph Mineo, Jill P. Simpson,Ruth A.Carr Bitzas, Robert M,Young,George Bitzas
WHEREAS,the code of the Town of Agawam Zoning Ordinances, Article XVIII,
Section 180-44F, entitled "Temporary Parking" was approved by the City Council on
June 14, 2007; and
WHEREAS,the Mayor has indicated that certain parking areas and groups in Agawam
will be exempt from this new ordinance; and
WHEREAS, these exemptions and selective enforcement would seem to be counter to
the argument that this new ordinance was passed solely for public safety; and
WHEREAS, that these exemptions to this new ordinance effectively treat different
classes of citizens differently, thus favoring one class of citizens and discriminating
against another class of citizen; and
WHEREAS, that this new Ordinance has developed deep concern that its amendments
violate Equal Protection Clause of the U.S. Constitution; and
WHEREAS, Article XVIII, Section 180-44, entitled "Temporary Parking" should be
repealed and deleted; and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest
of the City of Agawam, the public and the general welfare of the community; and
NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and
enacts to the Code of the Town of Agawam as follows-
The City Council hereby votes to amend Chapter 180, entitled "ZONING" by repealing
and deleting the current Article XVIII, "Temporary Parking" language in Section 180-44.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
Town of Agawam,
Mayor's Office
Richard A. Cohen, Mayor
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Council will be re-wAtingithejEop y�jisifk ng o Tea twitIidj;gpPg MY
proposed amendmen 0C 01-2007-8.0 as to avoiallany;,p6tIn Wit,confusion. I
would request that 1-1 Ath se amendment§in Aie;j
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I have instructe artffient,4�,all-pitb ie-§�fftty offtcihls,�imd any pertinent
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departments to be availabletb as$ kfgeo;roe�wwrif i
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parking ordinance.
Wry-cruly yours,
A
Mayor Richard A. Cohen
36 Main Street,Agawam,MA Wwcel"(14113) 786-0400 ext. 200 Fax: (413) 786-9927
INTEROFFICE MEMORANDUM
TO: MAYOR RICHAIUD A, COH N
FROM: DONALD RHEAUL'T', CITY COUNCIL PRE,SIDENT
SUBJECT: TOR-2007-8
DATE: /18/2007
The Agawam City Council has questioned your intent with respect to Agenda
item TOR-2007-8 (An Ordinance to Amend the Code of the Town of Agawam
Zoning Ordinances, Article XVIII, § 180-131). It is unclear as to whether you
are requesting the Council to be Petitioner or for the Council to send this
matter to the Planning Board to be Petitioner..
The Council tabled this .agenda item and is awaiting your specifications.
Thank you for your assistance in this matter.
4( 49ti(,k
onald Rhcault, President
DR/bb .
Cc:: Fuld Council
-rya co
TOR-2007-8
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING
ORDINANCES ARTICLE XVIII, §180-131
Whereas, it is a matter of public safety to regulate temporary-parking within the
Town of Agawam; and
Whereas, the City Council enacted amendments to its parking ordinance on June
18, 2007 by adding Article XVIII, "Temporary Parking". and
Whereas,to ensure that the Temporary Parking ordinance is as effective as
possible in maintaining public safety, the amendments as outlined on the attached
"Exhibit A" have been proposed; and
Whereas, the proposed amendments will allow the ordinance to continue to be
enforced in a consistent and fair manner; and
Whereas, it is in the best interests of the Town of Agawam to be fair and
consistent with all parking within the Town; and
Whereas, pursuant to Massachusetts General Laws c, 40A, §5 either the City
Council or the Pianning Board must vote to be the petitioner for the proposed
amendments;
NOW THEREFORE, the Agawam City Council hereby resolves, ordains, enacts
and amends as follows:
The City Council hereby votes to amend Chapter 180, entitled "Zoning" by
adding language to Article XVIII, §180-131 as set forth on the attached "Exhibit A",
Dated this day of 2007.
PER ORDER OF THE AGAWAM CITYCOUNCIL
Donald M. Rheault, President Date
APPROVED AS TO FORM AND LEGALITY
A.0 WZ1 10-7
Rimberly L. Vvens, Associat—e City Solicitor Uut'e
Exhibit A
ARTICLE XVIII
Temporary Parking
§180-130. Definitions and word usage.
A, TEMPORARY PARKING —Temporary parking is defined as the parking of
vehicles, whether for a fee or gratis,which is not incidental to the primary
business or residential use of the property at issue. Temporary Parking shall only
be allowed by Special Permit pursuant to this Chapter.
§180-13 1. General.
.Persons, partnerships, trusts, associations, corporations.. civic and charitable
organizations shall be allowed to have temporary parking on their property, whether for a
fee or gratis, via special permit granted by the Board of Appeals after a public hearing. If
the applicant does not own the property for which a special permit for temporary parking is
sought, the owner of the property must join the application.
This section shall apply to every zone defined in Chapter I 80�
This provision shall not apply to municip I properties.
The application to obtain a special permit for temporary parking shall be as outlined in
§180-11.
0
Tax-exempt and non-profit entities shall be exempt from any
applicable filing fees.
The duration of a special permit for temporary parking shall be no longer than two (2)
years.
§180-132. Criteria and conditions.
The Board of Appeals shall use the following criteria and conditions in determining
whether or not to grant a special permit pursuant to this section.
A. Criteria:
E Sufficient, in the discretio'n of the Board of Appeals, means of ingress and
egress shall be provided to and from the temporary parking area.
2. Sufficient and safe, in the discretion of the Board of Appeals,pedestrian
access to and from the temporary parking area and the destination of those
using the temporary parking area.
3. Traffic control shall be provided as required by the Town of Agawam in
the form of a police detail to be paid for by the petitioning entity.
B. Conditions:
1, No overnight parking shall be allowed.
2. Sufficient, in the discretion of the Board of Appeals, shielded lighting to
illuminate the temporary parking area to provide for public safety while
not spilling over on to adjacent properties.
3, Parking shall not extend beyond the property lines.
4. At no time shall vehicles utilize the public way to access or exit from
parking spaces.
5. A percentage of the parking spaces shall be designated as handicap as
required in this,chapter and the Americans with Disabilities Act(ADA).
Such parking spaces shall comply with all markings required by the Town
of Agawam, state and federal authorities.
6. The use of flagmen to direct or control traffic shall be prohibited.
7.' A plan for the premises shall be submitted to the Board of Appeals Said
plan shall show:
1. Number of parking spaces proposed.
2. Means of ingress and egress.
Location of structures.
4. Location of fences or other barriers, whether natural or
arti icial.
5. Location of signs.
6. Location of sidewalks and/or other pedestrian ways.
7. The plan shall be drawn to scale.
8. A report shall be provided by the Public Safety Officer of the Agawam
Police Department. Recommendatio n-s of the officer may be used as
additional conditions by the Board of Appeals,.
9. A report shall be provided by the Fire Inspector as to the condition of the
premises with regard to the.temporary parking area. Recommendations of
the inspector may be used as additional conditions by the Board of
Appeals,
'10. Temporary parking areas shall comply with any and all other licensing and
permit requirements of the Town of Agawam, state and federal authorities.
H. Any other conditions that the Board of Appeals deems necessary to
provide for public safety.
12. Upon the transfer of any property issued a special permit under this article,
said special permit will become null and void,
§180-133. Enforcement.
The Inspector of Buildings or his designee of the Police Chief or his designee.shall
enforce this chapter.
§180-134. Violations and penalties.
Any violation of this Chapter may, in the discretion of the Inspector of Buildings or his
designee, or the Police Chief or his designee, be enforced by the noncriminal complaint
method for which provision is made, and/or as set forth in MGL c. 40, §21 D, as amended
from time to time, that is, noncriminal disposition. Fines issued pursuant to this section
shall be $100, per vehicle per day. Each day that such violation exists shall constitute a
separa.te offense under this section.
§180-135. Severability.
If any subsection and/or portion of this section is for any reason declared invalid or
unconstitutional by any court, every other subsection and/or portion shall continue in full
force and effect.
Town of Agawam,
Mayor's Office
Richard A. Cohen, Mayor
Memprandum
To: City Council
From: Mayor Richard A. Cohen
Date: Aug_qst 28, 2007
Subject.,,--'-n-�-9—P�-(,i�i�-20'0,i.-g.--Ordinance-Transient Parking
t1L
Enclosed for you as k d Ald" ,
.,grq ew 19W ,,ei , -I pin,my
4 e pkmg orainance-�ndcted.-bj��th6-C-lt
administration concer 4% Wu
On June 18,2007.
N
iry
u,
It is,my opinib iniOddlthX�'b*f;-011w,i.iu_Zhi�j A Le
fet
Wa�kpft _f ti-lens concerning
e �44A&` ; ti;\
ordinance is work! U wr� ;t ev T�D 71
ty ne ej:ppj--p i�_.,vo it acted.
public sa, e even i it f1i=r-ihAt1i-r1na-n-c1t1 [in
JIL
To ensur thzif this; J� an e pa�,,6,46IhKity council is f fi-VeAn mairiUining
40wint"a'aft r c e r n s t h a t
public safety my a hi lid-
have arise
n:
jgk.�1k
14 Al�! , - -
AjOth: ows 4 hered Heart
The Bluildl s andfit ��q'n"
p
d, -letter -u
Icafe -by -to fl%eti
vom
'_Wj
ng of the rear
roces
t7jr!
The S Bi r. e C(t tiki - I )Iall- V�daii
el
0
'ke -i add-
'eni-or
parking-lot I es s
,p!. padpf*a'hd new lighting,
1 have dis�u,seifl ith-A"heI, a EA ird1l'Appeal/that all applications
WW_ _
be expedited o E ex e
Y-1
e, e as e as P
At this time, for this o dina' e Voc s c for our community,
I am asking the City Council Ordina ce Commlite—e-U review the enclosed proposed amendments
that will allow non-profits to have their fee waived for their application and to specifically exempt
all municipal properties. These two amendments have been reviewed by the Law Department and
found to be acceptable pursuant to law provided that procedures in M.G.L. Chapter 40A are
complied with.
Sincerely,
Mayor Richard A, Cohen
Attas. a/s.
36 Mam' Street,Agawam, M-A 01001 Tel: (413) 786-0400 ext, 200 Far. (413) 786-9927
Town of Agawam
Law Departm' ent
Vincent Gioscia,City Solicitor
Kimberly L. Stevens,Assistant City Solicitor
To: Mayor Richard A. Cohen
RE: Temporary Parking Ordinance
Date: August 27, 2007
The recent amendments to the Agawam Town Code, namely the addition of
Article XVIII, "Temporary Parking";�w'ere precipitated by the dismissal of two Housing
Court actions. In those actions, Inspeciio' n'§erv1`c'es attempted to enforce the parking
ordinance at that time' section,l 80-44(F�.o'f the�`Town Code. The'Housing Court
dismissed these actions based on.the-fadt-1hat our�ordinhnce was,too vague and
specifically did not contain a.definition of"transient parking". Whi-le--the Court
-4" 9
understood our cause of actil on,"the,ordinance before the Court at-the time did not allow
the Court to issue.al 'ruling, as a-)resuilt-ofthe deficiencies ih-tbe.ordinance. Therefore the
Court dismissed the actio'n"'s!,
It is th& opinion' 6f the Law l3epartment-that section 180-44(F),Was unenforceable
'"fi' "_ I i L_ � �1�
due to a lack of definilion-s.,and-'speci it�regu ations and procidures regarding temporary
parking, The amendmert's' wefe* kmade aft6r,mudh coll4bot4ionWiththe"City Council
Ordinance Committee, Plannin�-B�ard,bbiard of Appeals,f ire-lnipe�c�or,,.Police,Chief
and Safety Officer, and Inspecti6fi Services, All parties,subfflifted-r6isions and the final
version that was passed by the City Council now contains' stiffi6ent criteria and
conditions to property regt�late,parking-within theTown of Agawam,
In fact, the amended ordinance,opqns up more-opportunity for protection of public
safety. Under the old ordihance",.m.any areas ofTo)w1fdce&prob1ems of illegal parking
and pedestrian safety, However,.only those parcels located in 'Very limited zones could
apply for a permit by which parking would he leggl,on their property. Now after the
amendment, anybody in Town can.'rriake- an application to the Board of Appeals for a
permit, so long as they meet the criteria and conditions set forth in the ordinance.
As with any new ordinance, minot changes may be necessary, However, it is the
recommendation of the Law Department that the amendments not be repealed but any
suggestions for revision be submitted pursuant to Massachusetts General Law Chapter
40A, as Town Code Chapter 1.80 Section 130, et. seq, is part of the Agawam Zoning
Ordinance-
36 Main Street, Agawain, MA 01001 Tel: (413) 786-0400 ext. 281 Fax: (413) 786-9927
AGAWAM COUNCIL ON AGING
And
SENIOR CENTER
68 MEADOWBROOK MANOR TELEPHONE(413)821-06"5
AGAWAM,MASSACHUSETTS 01001-3128 FtX(413)7894092
Joan Unnehan
Executive Director
Please be advised that I Kristina Lynch,Deputy Director of the Agawam Senior Center have been working
very closelywith Mayor Richard A.Cohen and Father Ron of Sacred Heart Church in Feeding Hills to help
ease the burden of the parking ban being enforcecL
'Me semors at the Agawam Semor Center have been informed that they are able to park at the Senior
Center for day and over night trips they go on.The seniors also have the opportunity to park in the back of
the Agawam Town Hall for extra bus pick ups if needed,
The Senior Center is allowing the seniors to park in Senior Center lot with the other cars that arc at the
center on a daily basis for daily activities or lunch There are 100 parking spaces available and the Senior
Center is willing to accommodate as many people'as they can,keeping in mind that the back of the Town
Hall is available for seniors to park for their bus trips.
Mayor Richard A.Cohen,Father Ron,and I have been working on obtaining the permit for Sacred Heart
Church which will then allow our seniors to park for the bus trips. As soon as the permit is handed to the
Building Inspector the seniors wW be allowed access to the parking lot of Sacred Heart Church,in the
mean time the seniors are aware that they are able to park at either the Senior Center or the back of the
Town Hall,
R gards
ie
Kristina Lynch
Aug 27 U7 03: 45p Town of ' Agawam -Insp Sery 413-821-0637 P. 1
FA
TU---wn ofAtmaw, am'
Inspeetion Services Department
Building Inspection Code Enforcement
1000 Suffield Street, Acrawarn, MA 01001
ro
Telephone�- (413) 821-0632 Richard Bosini
Fax(413) $21-0637 Electiical bispecLor
Dominic Urbtnati Scaler of WelghLs&McEsums
laspector or Buildings Erforeement Officer
-----------------
--------------
John c.Stone Robert Maloni
Code.EmGrceinmit officer Plumbing Inspt4or
Cro'ss Comiection Smeyor
MEMO
A
DATE August 27, 2007
TO: Mayor Richard Cohen
FROM: Dominic Urbinati, Inspector of Buildings
RE: Chapter 180
Article XVIII, "Temporary Parking"
it is the'opinion of this office that the above referenced parking amendment is working well, and
for the betterment of the Town of Agawam. I fully support the decision of the Council regarding
their action to update this ordinance in order to meet the needs of our ever changing Town,
Much work has been accomplished by this offi.ce regarding this matter, and it would be a huge
step backward if said amendment was dissolved. It was the suggestion of the Housing Court that
the Town revamp said ordinance in order to have more control within the Town and in the court.
Interoff"i-ce
Me o
Date: 8/2712007
To Mayor Richard Cohen
CC: Chief Robert Campbell
From. Lt. Richard Light
RE Temporary Parking Ordinance
I agree with bath Chief Robert Campbell and Safety Officer Sergeant Richard Miles that
the Temporary Parking Ordinance should stand as adopted. It is paramount to consider the
safety of both pedestrian traffic and motorist when addressing the issue of temporary parking.
Unregulated temporary parking without guidelines and the need of approval creates a
substantial risk to bath pedestrians and motorists_
b I i
t
Lt. Richard Light,Asti ie
8127/20 7 Confidential 1
AGAWAM FIRE DEPARTMENT
800 MAIN STREET * AGAWAM,MA 01001
FAX(413) 7$6=I241
e-mail afdchief@agawam.ma.us
Stephen M. Martin Chief of Department PtRES
Michael Mercardante Provisional Deputy Chief
Georgeann Thompson Adudnistrative Assistant
Mayor Richard A. Cohen August 27, 2007
Town of Agawam
6 Main Street
Agawam, MA 01001
Dear Mr. Mayor,
This letter pertains to the recently legislated ordinance, Article XVIH, "Temporary
Parking, specifically with the input of public safety from the fire department.
I had commented earlier on the pending measure as a positive ordinance, as it provides for
comment from the fire department-
Since the ordinance has been in effect, the department has passed comment on numerous
parking plans, consistently stressing the need for maintaining fire department access
and if a structure is present, not to allow parking;which backs up to the building.
The department is pleased to provide input into these matters and would like to continue
to do so in the future.
Thank You,
VephrMZMartin
Tire Chief
A
Me o
To.- Mayor Richard A. Cohen
From: Deborah Dachos, Director of Planning and Community Development
Subject: Temporary Parking Ordinance
Date; August 27, 2007
The Planning Office has seen a number of applications for Temporary Parking since the ordinance's
adoption in June. Since the procedure is new, we have had to guide the applicants through the
process. We have worked with the Engineering Department to prepare a sample which can be
distributed to applicants and used as a guide. This appears to be helpfW.
The ordinance's principal objective, that of the safety of the individuals using these parking lots,
seems to be a vast improvement over the earlier provision. Once the permitting procedure has been
refined, obtaining a permit for temporary parking should be straightforward and expeditious.
As with all new ordinances, some changes may be necessary in the future. Under Chapter 40A of the
Massachusetts General Laws, these changes would take the form of zoning amendments. Possible
changes will be considered by the Planning Office in coordination with other departments as we have
more experience with implementing it.
�RE�1AP
TOWN OF AGAWAM
MAYOR'S OFFICE,TOWN HALL,35 MAIN STREET,AGAWAM,MA 01001 (413)T86 00 ext 200
August 21 067
To. Agawam Parishioners
Subject: Parking Or ` ance
It has come to my attention that there is some confusion concerning the newly
adopted transient parking regulations that were enacted by our Agawam City
Council. Be assured that church sponsored events like, day trips to New York
City, etc when you park your car for the day and return at the end of the day is;
NOT a violation of this ordnance.
Icy office has been in contact with many of our churches discuss with theta NOW
church related parking and the procedure for special permitting that would allow
for these NUN-church related events. Some churches have already obtained
applications for permitting.
The Planning Department and Building Department are available to assist your
church in processing your application for this special permit.
If you have any questions please do not hesitate to call me at (413) 786-0400
extension 200.
Sincerely,
Mayor Richard A. Cohen
A aik�th Law DepatitmeM
Me o ,
To: Donald Rheau It, President Agawam City Council
From: Vincent Gioscia, Esq.
CC. Mayor Richard Cohen
Date: August 27, 2007
Re: Amendment to Parking Ordinance
I write this brief memorandum as a follow up to our phone conversation of Friday, August 24,
2007'. You had inquired as to the procedure to change the current parking ordinance presently in
effect. Please be advised of the following, An emergency preamble may not be used to amend the
zoning ordinance of the Town of Agawam, As you are aware zoning changes and amendments are
controlled by Massachusetts General Law Chapter 40A. As such the procedures set forth in M,G,L.
40A must be followed as Chapter 180 §130 et, Seq.is part of the Agawam Zoning Ordinance.
FA
4
'Y TOWN OF AGAWAM
INSPECTION SERVICES
DEPARTMENT
1000 SUFFIELD STREET,AGAWAM,MASSACHUSETTS 01001
TEI_(413)821-06321 FAX(413)8,21-0637
Friday, September 15, 2006
0—M- NOV0
RE:
Dear
Based on numerous complaints that the city has received concern�ing illegal
transient parking problems, you are receiving,this letter because your property, as
referenced above, is located within three hundred(300)feet of Six Flags New England or
the Big "E", This parking is creating serious issues of public safety.
You may not currently be in violation of the Town of Agawam Code, and if you
are not then you are receiving this for informational purposes only. If you are in
violation, you need to bring your property into compliance as stated below.
Please be advised that if your property is in an area zoned Business A, Business
B,Industrial A, and Industrial B the Town of Agawam Code §18 0-44 allows use of your
property as follows:
No building or other structure sh4ll be erected, altered or used and no land
shall be used or occupied for any purpose except one or more of the
following . . .
F. Open-air transient parking,after a public hearing by the Board of
Appeals.
If your property is not in the above-listed zones, you cannot go before the Board
of Appeals for a special permit for open-air transient parking.
Violation of any section of Agawam Code Chapter 180 will exposethe property
owner to fines pursuant to Agawam Code §180-16:
Any person, partnership,trust, association or corporation violating any provision
of this chapter, any condition under which any permit is issued or any decision rendered
by the Board of Appeals shal I be fined not more than one hundred dollars ($100.)nor less
than twenty-five dollars ($25.) for each offense. Each day that such violation exists shall
constitute a separate offense under this section.
The special permit can be obtained by following the process laid out in §180-11.
That section states in part:
B. Hearing, notice and decision.
(1) The special pen-nit granting authority shall hold a public hearing
within 65 days after the filing of an application with the special permit
granting authority, a copy of which shall forthwith be given to the
Town Clerk by the applicant..
(2) The special permit granting authority shall require notice be given by
publication in a newspaper of general circulation in the town once in
each of two successive weeks,the first publication to be not less than
14 days before the hearing, and by posting such not]ce in a
conspicuous place in the Town Hall. Notice shall be sent by mail,
postage prepaid,to the petitioner,abutters and owners of land within
300 feet of the property line as they appear on the most recent
applicable tax fis� including those in another city or town and the
Planning Boards of all abutting cities and towns. Such notice shall be
prepared, published,posted and mailed by the Board of Appeals.
(3) The special permit granting authority shall act within ninety(90)days
following the public hearing. Failure to take final action upon an
application for a special permit within said ninety(90) days shall be
deemed a grant of the permit applied for.
You may pick up a Board of Appeals application from the Planning Board,
I ocated at 3 6 Main Street or from Inspection Services, located at 1000 Suffield Street.
Please take notice of these sections of the Agawam Code and act accordingly.
You:have fourteen(14)days from the date of this letter to bring your property into
compliance with Agawam Code.
Sincerely,
oominic Vrbinati Viment Gioscia
Inspector of Buildings Acting City Solicitor
A
TOWN OF AGAWAM
INSPECTION SERVICES
DEPARTMENT
0 1000 SUPFIELD STREET,AGAWAM,MASSACHUSETTS 01001
TEL,(413)821-0632 1 FAX(413)821-0637
Thursday,March 22,2007
REMINDER NOTICE
MEOW
RE:
Dear
Based on numerous complaints that the city has received concerning illegal
transient parking problems,you are receiving this letter because your property,as
referenced above, is located within three hundred (300) feet of Six Flags New England or
the Big"E". You may have,received a similar letter last summer and the city is sending
this second notice to remind you of this serious issue of public safety.
You may not currently be in violation of the Town of Agawam Code, and if you
are not then you are receiving this for informational purposes 2all and do not need to
take any further action. If you are in violation,you need to bring your property into
compliance as stated below.
Please be advised that if your property is in an area zoned Business A, Business
B,Industrial A, and Industrial 8 the Town of Agawam Code §180-44 allows use of your
property as follows:
No building or other structure shall be erected,altered or used and no land
shall be used or occupied for any purpose except one or more of the
following . .
F. Open-air transient parking,after a public hearing,by the Board of
Appeals.
If your property is not in the above-listed zones, you cannot go before the Board
of Appeals for a special permit for open-air transient parking.
Violation of any section of Agawam Code Chapter 180 will expose the property
owner to fines pursuant to Agawam Code§1 80-16�
Any person, partnership, trust, association or corporation violating any provision
of this chapter, any condition under which any permit is issued or any decision rendered
by the Board of Appeals shall be fined not more than one hundred dollars($100.)nor less
than twenty-five dollars ($25.) for each offense. Each day that such violation exists shall
constitute a separate offense under this section.
The special permit can be obtained by following the process laid out in §180-11
You may pick up a Board of Appeals application from the Planning Board, located at 36
Main Street or from Inspection Services, located at 1000 Suffield Street.
Please take notice of these sections of the Agawam Code and act accordingly, If
you are currently in violation,you have fourteen(14)days from the date of this letter to
bring your property into compliance with said Code,
Sincerely,
(Dorninir Winati Vincent Gioscia
Inspector of Buildings City Solicitor
Town of Agawam
36 Main Street Agawam, Massachu.setts 01001-1837
Tel. 413-786-0400 Fax 411-786-9927
J>
r
October 19, 2007 )>
Agawam Town Council
fun
Donald M, Rheault, President
Robert A. Magovem, Vice*President
George Bitzas, Councilor
Cecilia Calabrese, Councilor
Ruth Caff 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 October 18, 2007, the Agawam Planning Board voted to re-
advertise the public hearing for the amendment to the Zoning Ordinance deleting and repealing
"Temporary Parking". Based upon the resolution sent to the Planning Board by the Town Council
and attached, the Planning Board's legal ad read as-follows:
The purpose of the hearing will be to hear the petition of the Agawam Town Council on a
zoning amendment to "delete and appeal"Article XVIII, Section 180-44F "Temporary
Parking
Attached you will find a memo from Attorney Gioscia discussing the resolution. The Planning
Board has been advised that the newly enacted"Temporary Parking'ordinance is actually contained
in Article XVIII,Section 180-130 through Section 180-135 of fhe Zoning Ordinance. The Council's
resolution and the Planning Board's legal ad are, therefore, in error.
The Planning Board will re-advertise the public hearing which now will be held at the Planning
Board's November 15, 2007 meeting. If you have any questions, please contact the Planning Office
at 786-0400, extension 283.
Sincerely,
'Z,t�
Travis Ward, Acting Chairman
Agawam Planning Board.
cc: Clerk, Mayor, Solicitor, File
0 0
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
Sponsored by: Councilors Robert E. Rossi,Gina M. Letellier, Cecilia Calabrese, Donald M. Rheault, Robert A.
Magovern, Dennis J. Perry,Joseph Mineo,Jill P. Simpson, Ruth A. Carr Bitzas, Robert M. Young, George Bitzas
WHEREAS, the code of the Town of Agawam Zoning Ordinances, Article XVIII,
Section 180-44F, entitled "Temporary Parking" was approved by the City Council on
June 14, 2007; and
WHEREAS, the Mayor has indicated that certain parking areas and groups in Agawam
will be exempt from this new ordinance; and
WHEREAS, these exemptions and selective enforcement would seem to be counter to
the argument that this new ordinance was passed solely for public safety; and
WHEREAS, that these exemptions to this new ordinance effectively treat different
classes of citizens differently, thus favoring one class of citizens and discriminating
against another class of citizen; and
WHEREAS, that this new Ordinance has developed deep concern that its amendments
violate Equal Protection Clause of the U.S. Constitution; and
WHEREAS, Article XV111, Section 180-44, entitled "Temporary Parking" should be
repealed and deleted; and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest
of the City of Agawam, the public and the general welfare of the community; and
NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and
enacts to the Code of the Town of Agawam as follows:
The City Council hereby votes to amend Chapter 180, entitled "ZONfNG" by repealing
and deleting the current Article XV111, "Temporary Parking"language in Section 180-44.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
-L)U,UU r"Or- rizi rj,�
Town of Aga'wam
Law D epartm nt
Viticent F.GiDscia,Citv solici-of
Kitnbcrly L.Stevens,Assistant City SoKcitin
To: Planruing Board
Cc:
FTom: Vincent Gioscia
Date: October 16,2007
Re: Proposed Zoning Arnendme'nt'--Ternpor�ry Parling
Pursuant to a request f6r comM66 to be submitted,prior to October 1.9, 2007, 1
respectfuUy submit,the following:
As you are aware the'Qity CoLffibil fdrWtirded-al roposed ordinan�e repealing thu ,
"Temporary Parking Ordin.anc I e�' pass.ed by the Counc:il in June of 2007.Vurthermore, Vie
Law Dt;pLulwent was u0t as�ed tci.r6vic,*,thc";.-'.pi�po,3'cd :�rdinanoc'.as to forin. The Board
sbould be aware ofthe.followi'ing with regaro-to,the' 'r6posed'drdinance as they have been
P
requested to be the petjtion�r.
The first '.Wbereas' reads-as folf6 W- S*:"WHERE A$.,' the code'df the ToWn of
Agawam Zotting Ordinance,Article X-VIU,' SecbonA 8(44F,-entitled"Temporary
Parking" was approved,by..t�c Q��y Coiincil on .Tune'14, 2007; and"
This is i ncotrect'. S�ctiion.1 80-44(F) was the*.Ian' ag.e.dontained,in.the Business
"A**zone requiring a specialp emn't for U*Jertt pj�Y,:..Ar1icIe'XV11I contains the
4t ne-�V' temporary parking otdinance.-It :that the.language in the"new"
temporary parking ordinance r'cmov'dd S'o'ct'i6v.1 9 0.44(1)-from'the Tvwn Code and
replaced it with the curreni"Temporary Nr4ng"(i.e. e"new") ordinance. At The
in th6 Town odea' s'"a result of the June 2007
c.urre-at time there,is no
vote of the City Council.
The sixth 'Whereas' reads as follows: "WHEK;,AS., Article XV111, Section 180-
44.,'entitled"Temporary Parking" should be repealed ai d deleted;'and"
This is an exceptional statement and also incorrect. If the Board approves this
language then they are in fact recurrimcndin6 tv Lbe City Council to repeal the critirc first
section of the Business "A" zoning district as again the citation of the Town Code is
incorrect.
Therc arc also errors conta4ied in the "Now therefore"section of the proposed
ordinance which states as follows: "NOW THEREF011, the Agawam City Council
36 Main Street,Agawam, N-Lk 01001 Tel: (413) 786-N-00 ext. 281 FaN: (413) 786-9927
r;4ut t)41 Llj
Pagc 2
October 16, 2007
hereby resolves,ordains, amends and enacts-io the Codd of the Town of Agawarn as
�Follows:
The City Council hereby votes to amend Chapter 180, e-ititled."ZONING" be repealing
and deleting the current Article XVIII, "Temporary Par]-ing7l language contained in
Section 180-44."
If the Planning Board approves this language t h y are again repealing the first
part of the Du5inc55 "A"zoning district. As a result of c ultation.crror3 contained
within the proposed ordinance it is unclear whether the -ritent is to repeal Section 180-
130,the cxuTcnt temporary parking ordinance, or Sectio 180-44 or 180-44(F)7
Tbeirefore, I respectfully request thatthe PI BoaTd not rer-ommcnd the
proposed ordinance for passage by Oie'Qity,Council untJ the citation errors are removed
to correct the proposed ordinance and pre'vent.an;y`con':ft.s'ion w*ith.regard to the contents
of the proposed amen dment.',Ndso have c6ri�iffis'feggrlifig'the notice of the public
hearing as it,may contain' the improper�in.forimatib n.
R ps?p c rW I y braifti-A
Vincent Gioscia
36 Main Sueet,Agawam,M.A 01001 Tel. (413) 756-04 00 ext. 281 Fax: (413) 786-9927
Agawam Law Depm-tment
N--'Joul.+
I A. o-0 �rx 0 g,
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN 0 A A 'AM ZONING
ORDINANCES BY ADDING A NEW ARTICLE XVIII, "TEMPORARY PARKING"
Whereas, the Town of Agawam is the home of Six Flags; and
Whereas, the Town of Agawam is adjacent to the Big "E" fairgrounds; and
Whereas,at various time-,a year parking is required for various civic and charitable and
social events; and
Whereas, it is a matter of public safety to regulate temporary parking within the Town of
Agawarn; and
Whereas, it is.in the best interests of theTown of Agawam to be fair and consistent with
all temporary parking within the'rown-,
NOW TFIERErORE, the Agawarn City Council hereby resolves, ordains, enacts and
arnends as follows-
The City Council hereby votes to amend Chapter 180, entitled "ZONING", by deleting the
current "transient parking"language in §180-44(F),, and adding a new Article XVIII,"Temporary
Parking" as set forth in the attached Exhibit A.
PER OV AG COUNCIL
Do Rheault President Date
p ED A Q FORM AND LEGALITY
AC�
Vincent fftolscia, City Solicitor Date
n
tP ED A . Q FORM A
#ICA
OQ
lzfu I Rd 6 1
4
Exhibit A
ARTICLE XVIII
Temporary Parking
§180-130. Definitions and word usage.
A. TEMPORARY PARKING—Temporary parking is defined as the parking of
vehicles.whether for a fee or gratis. which is not incidental to the primary
business or residential use of the property at issue. Temporary Parking shall only
be allowed by Special Permit pursuant to this Chapter.
§180-131, General.
Pei-sons, partnerships, trusts,associations, corporations, civic and charitable organizations
shall be allowed to have temporary parking on their property, whether Ibr a fee or gratis,
via special permit granted by the 6oard of Appeals after a public hearing. If the applicant
does not own the property for which a special permit for temporary parking is sought, the
owner of the property Must join the application.
This section shall apply to every zone defined in Chapter 180,
The application to obtain a special permit for temporary parking shall be as outlined in
§180-11.
The duration of a special permit for temporary parking shall be no longer than two (2)
years.
§180-132. Criteriaandconditions.
The Board of Appeals shall use the following criteria and conditions in determining
whether or not to grant a special permit pursuant to this section,
A. Criteria:
1� Sufficient, in the discretion of the Board of Appeals, means of ingressand
egress shall be provided to and from the temporary parking area.
1 Sufficient and safe, in the discretion of the Board of Appeals, pedestrian
access to and from the temporary parking area and the destination of those
using the lempor3ry parking area.
1 Traffic control shall be provided as required by the Town of Agawarn in
the form ofa police detail to be paid for by the petitioning entity.
B, Conditions:
1. No overnight parking shall be allowed.
2. Sufficient, in the discretion of the Board of Appeals.. shielded lighting to
illuminate the temporary parking area to provide for public safety while
not spilling over on to adjacent properties.
I Parking shal I not extend beyond the property lines.
4� At no time shall vehicles utilize the public way to access or exit from
parking spaces.
5. A percentage of the parking spaces shall be designated as handicap as
required in this chapter and the Americans with Disabilities Act(ADA).
Such parking spaces shall comply with all markings required by the Town
of Agawam, state and federal authorities.
6. The use of flagmen to direct or control traffic shall be prohibited.
7. A plan for the premises shall be submitted to the Board of Appeals. Said
plan shall show:
I- Number of parking spaces proposed.
2. Means of ingress and egress.
3. Location of structures.
4� Location of fences or other barriers, whether natural or
artificial,
5. Location of signs.
6. Location of sidewalks and/or other pedestrian ways.
7. The plan shall be drawn to scale.
8, A report shall be provided by the Public Safety Officer of the Agawam
Police Department. Recommendations of the officer may be used as
additional conditions by the Board of Appeals.
9. A report shall be provided by the Fire Inspector as to the condition of the
premises with regard to the temporary parking area, Recommendations of
the inspector may be used as additional conditions by the Board of
Appeals�
10. Temporary parking areas shall comply with any and all other licensing and
permit requirements of the Town of Agawam.state and federal authorities.
11. Any other conditions that the Board of Appeals deems necessary to
provide for public safety,
12. Upon the transfer of any property issued a special pern-tit under this article,
said special permit will become null and void.
§180-133. Enforcement.
The Inspector of Buildings or his designee or the Police Chief or his designee shall
enforce this chapter.
§180-134. Violationsandpenaltics,
Any violation of this Chapter may, in the discretion of the Inspector of Buildings or his
designee.or the Police Chief or his designee, be enforced by the noncriminal complaint
method for which provision is made, and/or as set forth In MGL c� 40, §21 D, as amended
fi-oin tinic to time, that is, noncriminal disposition. Fines issued pursuant to this section
shall be $100. per vehicle per day. Each day that such violation exists shall constitute a
separate offense under this section.
§180-135. Severability.
If any subsection and/or portion of this section is for any reason declared invalid or
unconstitutional by any court, every other subsection and/or portion shall continue in hill
force and effect.
MAYORAL ACTION
Received this day of 2007frornTown Council Clerk.
Signed by Council President this day of C��,LVJ ..J 2007.
APPROVAL OF LIEGISLATIOLI
By the powers vested in nie pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby approve the passage of the above legislation on this day of
,2007.
-74 ZZ' L�/- Z
Richard A. Cohen, Mayor
DISAPPRONIAL-OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Challer, as
amended, I hereby veto the passage of the above legislation on this day of
1
. 2007 for the following reason(s):
Richard A. Cohen, Mayor
RETLURN !QF LEGISLATIQN TO COUNQL!CLERK
Returned to Council Clerk tills -----day of 2007.
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
Sponsored by: Councilors Roberl E. Rossi,Gina M.Letellier,Cecilia Calabrese,Donald M.Rheault,Robert A,
Magovern, Dennis J.Perry,Joseph Mineo,Jill P.Simpson,Ruth A.Carr Bitzas,Robert M-Young,George 13itzas
WHEREAS,the Code of the Town of Agawam Zoning Ordinances, Article XVIII,entitled"Temporary
Parking"as set forth in Chapter 180,Sections 130, 131, 132, 133, 134,and 135 inclusive,was approved by the
City Council on June 14,2007;and
WHEREAS,that this new ordinance has developed deep concerti that its enforcement is not in good keeping
with the public and the general welfare of the community; and
WHEREAS,Article XVIII,of Chapter 180,entitled"Temporary Parking"as set forth in Sections 130, 13 1,
132, 133, 134 and 135 inclusive, should be repealed and deleted; and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest of the City of'
Agawam, the public and the gencral welfare of the community;and
NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and enacts to the Code of
th c Town o f Agawarn as fo I I ows:
The City Council here'by votes to amend Chapter 180,entitled"'ZONING"by repealing and deleting the
current Article XVIII, "Temporary Parking" as set forth in Chapter 180,Sections 130, 131, 132, 133, 134 and
135 inclusive,
PE ORDER OF THE AG MAM CITY COUNCIL tlotN t-,hut(�t)�t, 1) /07
-z cip
Y)
DohakYlVI. Rhea It, President 10 o
A-�
R, 0( 3"A, C:
P ED TO FORM AND LEGALITY — (14 Ott
cr �3o MA-)
"R M, K11e, Pre
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�D To
0 Ci
neent I scia, City Solicitor Pj-)C�cl
C,e u
Y,
MAYORALA,CTION
Received this day o -yl, 2007 From,loon Council Clerk.
Signed by Council President this day of �Lj )Q,,VO 2007.
APPROVAL OF LEGISLATION
By the powers vested in one pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, Thereby approve the passage of the above legislation on this day of
_-, 2007.
z 14,
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3,Section 3-6 of the Agawam Charter, as
amended, T hereby veto the passage of the above legislation on this day of
2007 for the following reason(s)
Richard A. Cohen, Mayor
R-E-1-UP1N OFF L EKj I SLATI 0 N IQ_CO_UNC I L.C L ER K
Returned to Council Clerk this —day of A,)VQA1.-hkA-', 2007.
N
If
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
Sponsored by: Councilors Robert E. Rossi,Gina M. Letellier,Cecilia Calabrese, Donald M. Rheault,Robert A.
Magovern,Dennis J. Perry,Joseph Minco, lill P. Simpson,Ruth A.Carr Bitzas, Robert M. Young,George Bitzas
WHEREAS,the Code of the Town of Agawam Zoning Ordinances,Article XVIII, entitled"Temporary
Parking�'as set forth in Chapter 180, Sections J30, 131, 132, 133, 134,and 135 inclusive,was approved by the
City Couri-cil on June 14,2007;and
WHEREAS,that this new ordinance has developed deep conceni that its enforcement is not in good keeping
with the public and the general welfare of the community', and
WHEREAS,Article XV Ill,of Chapter 180, entitled "Temporary Parking", as set forth in Sections 130, 13 1,
132, 133, 134 and 135 inclusive, should he repealed and deleted; and
WHEREAS,tile proposed Amendments to the zoning ordinances are in the best interest of(lie City of
Agawam, the public and the general welfare of(lie community; and
NOW THEREFORE,the Agawam City Council hereby resolves., ordains,amends and enacts to the Code of
the Town of Agawarn as follows:
The City Council herebyvotes to amend Chapter 180,entitled"ZONING"by repealing and deleting the
cummi Article XVIII,"Temporary Parking"as set forth in Chapter 180, Sections 130, 131, 132, 133, 134 and
135 inclusive,
1 (14
PE)ORD OF THE AG WAM CITY COUNCIL t/3-tx( 'h� -- j)�t , 1;�()/0 7
_�r f(I I
Cl) 10Z,0�
DoiWM, Rhea 11, President
cr —
"'ED TO FORM AND LEGALITY no�—nt)
0C — V]C,
.tl'6scia,City Solicitor
'jorra"' ' "ea. ". "re
P YED To
losc
Ancent ia. Citl
P1 x C,
C,e -�Cl C
LI -1114V 1 ? ,i0NL0
MAYORAL A SON
Received this_.,r _ day of � __1 t ' 2007 from Town Council Clerk.
att.
Signed by Council ,president this day of )0 al ����� , 2007
3
4
APPROVAL C)FMLEGISLATION
y the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, 1 hereby approve the. passage of the above legislation on this �'t�' day of
2007.,
Richard A.Cohen Mayor
CJ 1L3►1 A PER!QVAL QF LEGI 'LA'I"ION
By the powers vested its me pursuant to Article 3,Section 3-6 of the A awana Charter,as
amended, I hereby veto the passage of the above legislation on this day of
007 for the following reasons).
Richard A. Cohen, Mayor
RETURN OEI,EQISI,A]:IQN TO QQIUNIL CLERK
Returned to Council Clerk this, ��'$`� day of )�O Qt�'�:"t �,2007:
Atlt)
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND c-" c
�j 'Ec-.:
REPEALING "TEMPORARY PARKING"
�b
Sponsored by: Councilors Robert E,Rossi,Gina M.Letellier',Cecilia Calabrese,Donald K Rheault,Robeft XC
Magovem,Dennis J.Perry,Joseph Mineo,Jill P.Simpson,Ruth A.Carr Bitzas,Robert M. Young,George
WHEREAS,the Code of the Town of Agawam Zoning Ordinances, Article XVIII, entitled"Temporary
Parking"as set forth in Chapter 180, Sections 130, 131, 132, 133, 134,and 135 inclusive, was approved by the
C ity Cou nc i I on June 14,2007; and
WHEREAS,that this new ordinance has developed deep concern that its enforcement is not in good keeping
with the public and the general welfare of the community;and
WHEREAS,Article XVIII,of Chapter 180,entitled"Temporary Parking"as set forth in Sections 130, 13 1,
132, 133, 134 and 135 inclusive, should be repealed and deleted;and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest of the City of
Agawam,the public and the general welfare of the community;and
NOW THEREFORE,the Agawam City Council hereby resolves,ordains,amends and enacts tothe Code of
the Town orAgawam as follows:
The City Council hereby votes to amend Chapter 180, entitled "ZONING"by repealing and deleting the
current Article XVIII,"Temporiiry Parking"as set forth in Chapter 180,Sections 130, 131, 132, 133, 134 and
135 inclusive.
PEV WAM CITY COUNCIL
)=THE= 1(/19/() 7 0
M
Do M. Rhea It, President
14
4Khea ,CPirje
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P 1,ED TO FORM AND LEGALITY 0,—0
inc4ent tMtoscia,City Solicitor pjx-�
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I Z AON 1001
VW*Wymvqv
391A-40 )J010 113MV
MAYORAL-ACDON
Received this day of�( W Vn �,D 2007 from Town Council Clerk.
Signed by Council President this day of )Q nn hO , 2007
APPRO-VAIL ?11 ECI ;G ,Illti9N
By the powers vested in me pursuant to Article 3, Section-3-6 of the Agawam Charter,as
amended, .I hereby approve the passage of the above legislation on this � �day of
2007.
Richard A. Cohen, Mayor
DIAPER VAL 1 ECX LATII�
t
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga ai-n Charter,as
amended,I hereby veto the passage of the above legislation on this, day of
07 for the following reasons)
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO CQUN I R
Returned to Council Clerk this day off O'lk ,2007.
Town of Agawam,
Mayor's Office
Richard A. Cohcn, Mayor
Memorandum
To: City Council
From: Mayor Richard A. Cohen
Date: August 28, 2007
Subj�eet'---"�,'-',T,�6i�-20�0-.7-8,�',Ordinance-Transient Parking
jA
-Virpm-my
Enclosed for yourreview is,the cofr—�Tsj o5n` ffiTvi�asked f6r f
jr, L '.' -,-- 1�__,_., - mo Nk
administration concerninaithe parking ordinanct�-enafeted-b:�th'd:Ci'ty Gouncilion June 18,2007.
ki
n
e is working��Well. /TWgovernment o:- gawam-,
ordinanc fA ' -qUits,Utizens concerning
public safety, evenfif"it coni.O�down Wone,person;.,one,votet that is man6ally impacted.
$ W 'Ining
f A
To ensure!thitt thiiotdinaffiFe-PAs6dtKY-,tfi E.City'Con licil iir%Lffective!i0 m�iinr
;irg 61, '.. ._,� ,"-. ., . �� .14 fp"
W��asi 0 'i xt�
akefiTtffeWllQwin-g,iiUfon' 142 '16-yarious,concer
public safety my adminV ns that
have arisen:
lyv, '4-
Withfl' W"�Sad`16W�lZi,of Shered Heart
THe BLildin-Ins "ec*tor and.1-h4Q,%etw, 6.a ei
ji.
C 11r0fartil,corn mulrkicate0y-16tter.to-all Au rcheg.--
V'Ibln ZQ�
If �T
T e�eilW -t u's'.trips,will do-p-a-r-t?1from-,t 6, -own i'a �ii.g of the rear
'V PA'4
A.Lpa ,
a r n 1'..t s e rocess to1hcl6d6`,additlon 'ifit s ac,e!F,-"atd new lighting.
p q?
I have disc sed'--,,with�theCQ-IiAfi:ii'-p�fs-on-tof�t f4i�Tird'U-�' ppeal that all applications
A BI
be expedited to the extent,bllowed4�,lqw.
At this time, for this ordinance to-,be as fffectivplas po'sible for our community,
I am asking the City Council Ordinance Committee W review the enclosed proposed amendments
that will allow non-profits to have their fee waived for their application and to specifically exempt
all municipal properties. These two amendments have been reviewed by the Law Department and
found to be acceptable pursuant to law provided that procedures in M.G.L. Chapter 40A are
complied with.
Sincerely,
XL
Mayor Richard A. Cohen
Attas.a/s.
36 Main Street,Agawam, UA 01001 Tel: (413) 786-0400 ext. 200 Fax: (413) 786-9927
Town of Agawam
Law Department
Vincent Gioscia,City Solicitor
Kfinberly L.Stevens,Assistant City Solicitor
To: Mayor Richard A. Cohen
RE: Temporary Parking Ordinance
Date: August 27, 2007
The recent amendments to the Agawam Town Code, narnely the addition of
Article XVIII, "Temporary Parking", were precipitated by the dismissal of two Housing
Court actions. In those actions, Inspection Services attempted to enforce the parking
ordinance at that time- section 180-44(F) of the Town Code. The Housing Court
dismissed these actions based on the fact that our ordinance was too vague and
specifically did not contain a definition of"transient parking". While the Court
understood our cause of action, the ordinance before the Court at the time did not allow
the Court to issue a ruling, as a result of the deficiencies in the ordinance. Therefore the
Court dismissed the actions.
It is the opinion of the Law Department that section 180-44(F)was unenforceable
due to a lack of definitions and specific regulations and procedures regarding temporary
parking. The amendments were made after much collaboration with the City Council
Ordinance Committee, Planning Board, Board 'of Appeals,fire Inspector, Police Chief
and Saf'ety Officer, and Inspection Services. All parties submitted revisions and the filial
version that was passed by the City Council now contains sufficient criteria and
conditions to property regulate parking within the Town of Agawam.
In fact, the amended ordinance opens up more opportunity for protection of public
safety. Under the old ordinance, many areas of Town fac'ed problems of illegal parking
and pedestrian safety. However, only those parcels located in very limited zones could
apply for a permit by which parking would be legal on their property, Now after the
amendment, anybody in Town can make an application to the Board of Appeals for a
permit, so long as they meet the criteria and conditions set forth in the ordinance,
As with any new ordinance, minoi changes may be necessary. However, it is the
recommendation of the Law Department that the amendments not be repeated but any
suggestions for revision be submitted pursuant to Massachusetts General Law Chapter
40A, as Town Code Chapter 1,80 Section 130, et. seq. is part of the Agawam Zoning
Ordinance,
36 Main Street, Agawam, INIA, 01001 Tel: (413) 786-0400 ext. 281 i.-ax: (413) 786-9927
A
AGAWAM COUNCIL ON AGING
And
SENIOR CENTER
68 NIFADONVOROOK MANOR T ELEPHONE(413)821-060415
,.C,kWA,Nt.,NIA.SSetClltJSI�TI'S 01001-3128 FAX(413)789-4092
Joan Linnehan
Executive Director
Please be advised that I Kristma Lynch,Deputy Director of the Agawam Senior Center have been working
very closely with Mayor Richard A. Cohen and Father Ron of Sacred Heart Church in Feeding Hills to help
ease the burden of the parking ban being enforced.
The seniors at the Agawam Senior Center have been informed that they are able to park at the Senior
Center for day and over night trips they go on.The seniors also have the opportunity to park in the back of
the Agawam Tovvm Hall for c\tra bus pick ups if needed.
The Senior Center is allowing the seniors to park in Senior Center lot with the other cars that are at the
center on a daily basis for daily activities or lunch. Therc arc 100 parking spaces available and the Senior
Center is willing to accommodate as many people'as they can,keeping in mind that the back of the Town
Hall is available for seniors to park for their bus trips.
Mayor Richard A-Cohen,Father Ron,and I have been working on obtaining the permit for Sacred Heart
Church which wifl then aRow our seniors to park for the bus trips. As soon as the permit is handed to die
Building Inspector the seniors will be allowed access to the parking lot of Sacred Heart Church,in the
mean time the seniors are aware that they are able to park at either the Senior Center or the back of the
Town Hall.
R ds
Kristina Lynch
Aug 27 07 03: 45p Town of Agawam - Insp Sery 413-821 -0637 P. 1
FA
ru A&-vawa% M '
T4_1LWn
Inspection Services Department
)3uilding Inspection Code Enforcement
E0 1000 Suffield Street,Agawam,MA 01001
0
Telephune - (413) 821-0632 - Richard Hosini
Fax(413) 821-0637 Electti,;el hivectot
Dominic Urbinati Scaler of WeighLs&mcpsures
itispector of Bioildings Enforcement Officer
-----------------
------------ --------
John C.S(Une Robertivialoni
Code Enfoycern=t Officef Plumbing Inspector
Cr)6ss Connectiotl SurVeyor
MEMO
DATE August 27, 2007
TO: Mayor Richard Cohen
FROM: Dominic Urbinati, Inspector of Buildings
RE: Chapter 180
Article XVIII, "Temporary Parking"
It is the'opinion of this office that the above referenced parking amendment is working well, and
for the betterment of the Town of Agawam. I fully support the decision of the Council regarding
their action to update this ordinance in order to meet the needs of our ever changing Town.
Much work hm been accomplished hy this office regarding this matter, and it would be a huge
step backward if said amendment was dissolved. It was the suggestion of the Housing Court that
the Town revamp said ordinance in order to have more control within the Town and in the court,
Interoffmice
Me o
Date: 8/27/2007'
To Mayor Richard Cohen
Cc: Chief Robert Campbell
From: Lt. Richard Light'
RF- Temporary Parking Ordinance
I agree with both Chief Robert Campbell and Safety Officer Sergeant Richard Niles that
the Temporary Parking Ordinance should stand as adopted. It is paramount to consider the
safety of both pedestrian traffic and motorist when addressing the issue of temporary parking.
Unregulated temporary parking without guidelines and the need of approval creates a
substantial risk to both pedestrians and motorists.,
c II Su i
�a C
Lt, Richard Light,Acti' ie
8/272007 Confidential
AGAWAM FIRE DEPARTMENT
800 MAIN STREET 0 AGAWAM, MA 01001
TELEPHONE (413) 786-0657
FAX(413) 786-1241
e-mail afdchief@agawam.ma.us
FIRES
Stephen M. Martin Chief of Department
Michael Mercadante Provisional Deputy Chief
Georgiann Thompson Adn-dnistrative Assistant
Mayor Richard A. Cohen August 27, 2007
Town of Agawam
36 Main Street
Agawam, MA 0 100 1
Dear Mr. Mayor,
This letter pertains to the recently legislated ordinance, Article XVM, " Temporary
Parking , specifically with the input of public safety from the fire department.
I had cornmented earlier on the pending measure as a positive ordinance, as it provides for
comment from the fire department.
Since the ordinance has been in effect, the department has passed comment on numerous
parking plans, consistently stressing the need for maintaining fire department access
and if a structure is present, not to allow parking which backs up to the building,
The department is pleased to provide input into these matters and would like to continue
to do so in the future.
Thank You,
Vephd�!Martin
Fire Chief
Me o
T o: Mayor Richard A. Cohen
From- Deborah Dachos, Director of Planning and Community Development
Subject: Temporary Parking Ordinance
Date: August 27, 2007
The Planning Office has seen a number of applications for Temporary Parking since the ordinance's
adoption in June. Since the procedure is new, we have had to guide the applicants through the
process. We have worked with the Engineering Department to prepare a sample which can be
distributed to applicants and used as a guide. This appears to be helpful.
The ordinance's principal objective, that of the safety of the individuals using these parking lots,
seems to be a vast improvement over the earlier provision. Once the permitting procedure has been
refined, obtaining a permit for temporary parking should be straightforward and expeditious.
As with all new ordinances,some changes may be necessary in the future. Under Chapter 40A of the
Massachusetts General Laws,these changes would take the form of zoning amendments. Possible
changes will be considered by the Planning Office in coordination with other departments as we have
more experience with implementing it.
TOWN OF AGAWAM
MAYOR'S OFFICE,TOWN HALL,36 MAIN STREET,AGAWAM,MA 01001 (413)786-0400 ext 200
August 21, 2007
To: Agawam Parishioners
Subject: Parking Or&ance
It has come to my attention that there is some confusion concerning the newly
adopted transient parking regulations that were enacted by our Agawam City
Council. Be assured that church sponsored events like, day trips to New York
City, etc when you park your car for the day and return at the end of the day is
NOT a violation of this ordnance.
My office has been in contact with many of our churches discuss with them NON-
church related parking and the procedure for special permitting that would allow
for these NON-church related events, Some churches have already obtained
applications for permitting.
The Planning Department and Building Department are available to assist your
church in processing your application for this special permit.
If you have any questions please do not hesitate to call me at (413) 786-0400
extension 200.
Sincerely, Z,7
A-'e
Mayor Richard A. Cohen
4awam Law Departmoo
Me o
To: Donald Rheault, President Agawam City Council
From: Vincent Gioscia, Esq.
CC. Mayor Richard Cohen
Date: August 27, 2007
Re: Amendment to Parking Ordinance
I write this brief memorandum as a follow up to our phone conversation of Friday, August 24,
2007. You had inquired as to the procedure to change the current parking ordinance presently in
effect. Please be advised of the following. An emergency preamble may not be used to amend the
zoning ordinance of the Town of Agawam. As you are aware zoning changes and amendments are
controlled by Massachusetts General Law Chapter 40A. As such the procedures set forth in M.G.L.
40A must be followed as Chapter 180§130 et. Seq. is part of the Agawam Zoning Ordinance.
FA
TOWN OF AGAWAM
INSPECTION SERVICES
DEPARTMENT
1000 SUFFIELD STREET,AGAWAM,MASSACHUSETTS 01001
TEL(413)821-06321 FAX(413)821-0637
Friday, September 15, 2006
RE:
Dear Wn
Based on numerous complaints that the city has received concerning illegal
transient parking problems, you are receiving this letter because your property, as
referenced above, is located within three hundred (300)feet of Six Flags New England or
the Big "E". This parking is creating serious issues of public safety.
You may not currently be in violation of the Town of Agawam Code, and if you
are not then you are receiving this for informational purposes only. If you are in
violation, you need to bring your property into compliance as stated below.
Please be advised that if your property is in an area zoned Business A, Business
B,Industrial A, and Industrial B the Town of Agawam Code §180-44 allows use of your
property as follows:
No building or other structure shzdl be erected,altered or used and no land
shall be used or occupied for any purpose except one or more of the
following. . .
F. Open-air transient parking,after a public hearing by the Board of
Appeals.
If your property is not in the above-listed zones, you cannot go before the Board
of Appeals fOT a special permit for open-air transient parking.
Violation of any section of Agawam Code Chapter 180 will expose the property
owner to fines pursuant to Agawam Code §180-16:
Any person, partnership, trust, association or corporation violating any provision
of this chapter, any condition under which any permit is issued or any decision rendered
by the Board of Appeals shall be fined not more than one hundred dollars($100.)nor less
than twenty-five dollars($25.) for each offense. Each day that such violation exists shall
constitute a separate offense under this section.
The special permit can be obtained by following the process laid out in §'l 80-11.
That section states in part:
B. Hearing,notice and decision.
(1) The special permit granting authority shall hold a public hearing
within 65 days after the filing of an application with the special permit
granting authority, a copy of which shall forthwith be given to the
Town Clerk by the applicant.
(2) The special permit granting authority shall require notice be given by
publication in a newspaper of general circulation in the town once in
each of two successive weeks,the first publication to be not less than
14 days before the hearing, and by post*ing such notice in a
conspicuous place in the Town HaIL Notice shall be sent by mail,
postage prepaid,to the petitioner,abutters and owners of land within
300 feet of the property line as they appear on the most recent
applicable tax list, including those in another city or town and the
Planning Boards of all abutting cities and towns. Such notice shall be
prepared, published, posted and mailed by the Board of Appeals.
(3) The special permit granting authority shall act within ninety (90) days
following the public hearing. Failure to take final action upon an
application for a special permit within said ninety (90) days shall be
deemed a grant of the permit applied for.
You may pick up a Board of Appeals application from the Planning Board,
located at 36 Main Street or from Inspection Services, located at 1000 Suffield Street.
Please take notice of these sections of the Agawam Code and act accordingly.
You-have fourteen(14)days from the date of this letter to bring your property into
compliance with Agawam Code.
Sincerely,
(Dominic'Vr6inati Vincent gioscia
Inspector of Buildings Acting City Solicitor
A
TOWN OF AGAWAM
INSPECTION SERVICES
]DEPARTMENT
ED 1000 SUFFIELD STREET,AGAWAM, MASSACHUSETTS 01001
TEL.(413)821-0632 1 FAX(413)821-0637
Thursday, March 22, 2007
REMINDER NOTICE
RE
Dear
Based on numerous complaints that the city has received concerning illegal
transient parking problems, you are receiving this letter because your property, as
referenced above, is located within three hundred (300) feet of Six Flags New England or
the Big "E". You may have received a similar letter last summer and the city is sending
this second notice to remind you of this serious issue of public safety.
You may not currently be in violation of the Town of Agawarn Code, and if you
are not then you are receiving this for informational purposes g2ly and do not need to
take any further action. If you are in violation, you need to bring your property into
compliance as stated below.
Please be advised that if your property is in an area zoned Business A, Business
B, Industrial A, and Industrial B the Town of Agawam Code §180-44 allows use of your
property as follows:
No building or other structure shall be erected, altered or used and no land
shall be used or occupied for any p.urpose except one or more of the
following.
F. Open-air transient parking,after a public hearing by the Board of
Appeals.
If your property is not in the above-listed zones, you cannot go before tile Board
of Appeals for a special permit for open-air transient parking.
Violation of any section of Agawam Code Chapter 180 will expose the property
owner to fines pursuant to Agawam Code §180-16:
Any person, partnership, trust,association or corporation violating ally provision
of this chapter,any condition under which any permit is issued or ally decision rendered
by the Board of Appeals shal I be fined not more than one hundred dollars ($100.)nor less
than twenty-five dollars ($25.) for each offense. Each day that such violation exists shall
constitute a separate offense under this section.
The special pennit can be obtained by following the process laid out in §180-11.
You may pick up a Board of Appeals application from the Planning Board, located at 36
Main Street or frorn Inspection Services,located at 1000 Suffield Street.
Please take notice of these sections of the Agawam Code and act accordingly. If
you are currently in violation,you have fourteen(14)days from the date of this letter to
l4ing your property into compliance with said Code.
Sincerely,
001niflic Vr&nati 1'�incent Gioscia
Inspector of Buildings City Solicitor
TOR-2007-8
AN ORDINANCE TO AMENDT HE CODE OF THE TOWN OF AGAWAM ZONING
ORDINANCES ARTICLE XVI 11, §180-131
Whereas, it is a matter of public safety to regulate temporary,parking within the
Town of Agawam; and
Whereas, the City Council enacted amendments to its parking ordinance on June
18, 2007 by adding Article XVIII, "Temporary Parking"; and
Whereas, to ensure that the Temporary Parking ordinance is as effective as
possible in maintaining public safety, the amendments as outlined on the attached
"Exhibit A" have been proposed; and
Whereas, the proposed amendments will allow the ordinance to continue to be
enforced in a consistent and fair manner; and
Whereas, it is in the best interests of the Town of Agawam to be fair and
consistent with all parking within the Town; and
Whereas, pursuant to Massachusetts General Laws c. 40A, §5 either the City
Council or the Planning Board must vote to be the petitioner for the proposed
amendments;
NOW THEREFORE, the Agawam City Council hereby resolves, ordains, enacts
and amends as follows:
The City Council hereby votes to arnend Chapter 180, entitled "Zoning" by
adding language to Article XVIII, §180-13)1 as set forth on the attached "Exhibit A",
Dated this day of P 2007,
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President Date
APPROVED AS TO FORM AND LEGALITY
I Af!:�hA 01:
imberly L. V, vens, Associate City Solicitor Date T
Exhibit A
ARTICLE XVIII
Temporary Parking
§180-130. Definitions and word usage.
A. TEMPORARY PARKING —Temporary parking is defined as the parking of
vehicles, whether for a fee or gratis, which is not incidental to tile primary
business or residential use of the property at issue. Temporary Parking shall only
be allowed by Special Permit pursuant to this Chapter.
§180-13 1. General.
'Persons, partnerships, trusts, associations,corporations, civic and charitable
organizations shall be allowed to have temporary parking on their property, whether for a
fee or gratis, via special permit granted by the Board of Appeals after a public hearing. If
the applicant does not own the property for w1iich a special permit for ternporary parking is
sought, the owner of the property must join the application.
This section shall apply to every zone defined in Chapter 180.
Th's provision shall not ap es.
I _ply to municipal propertk
The application to obtain a special permit for temporary parking shall be as outlined in
§180-11,
Tax-exempt and non-profit ent-itles shall be exempt,from an-Y
applicable fflinjZ fees.
The duration of a special permit for temporary parking shall be no longer than two (2)
years.
§180-132. Criteria and conditions.
The Board of Appeals shall use the following criteria and conditions in determining
whether or not to grant a special permit pursuant to this section.
A. Criteria:
1. Sufficient, in the discretion of the Board of Appeals, means of ingress and
egress shall be provided to and from the temporary parking area.
2. Sufficient and safe, in the discretion of the Board of Appeals, pedestrian
access to and from the temporary parking area and the destination of those
using the temporary parking area.
3. Traffic control shall be provided as required by the Town of Agawam in
the form of a police detail to be paid for by the petitioning entity.
B, Conditions-.
L No overnight parking shall be allowed.
2. Sufficient, in the discretion of the Board of Appeals, shielded lighting to
illuminate the temporary parking area to provide for public safety while
not spilling over on to adjacent properties,
1 Parking shall not extend beyond the property lines.
4. At no time shall vehicles utilize the public way to access or exit frorn
parking spaces.
5� A percentage of the parking spaces shall be designated as handicap as
required in this�chapter and the Americans with Disabilities Act (ADA),
Such parking spaces shall comply with all markings required by the Town
of Agawam, state and federal authorities.
6. The use of flagmen to direct or control traffic shall be prohibited.
7. A plan for the premisesshall be submitted to the Board of Appeals. Said
plan shalf show:
I- Number of parking spaces proposed.
2. Means of ingress and egress.
3. Location of structures.
4. Location of fences or other barriers, whether natural or
artificial.
5. Location of signs.
6. Location of sidewalks and/or other pedestrian ways,
7. The plan shall be drawn to scale.
8. A report shall be provided by the Public Safety Officer of the Agawam
Police Department. Recommendations of the officer may be used as
additional conditions by the Board of Appeals,
9. A report shal I be provided by the Fire Inspector as to the condition of the
premises with regard to the temporary parking area. Recommendations of
the inspector may be used as additional conditions by the Board of
Appeals.
M Temporary parking areas shall comply with any and a]I other licensing and
permit requirements of the Town of Agawam, state and federal authorities.
11. Any other conditions that the Board of Appeals deems necessary to
provide for public safety.
12. Upon the transfer of any property issued a special permit under this article,
said special permit will become null and void.
§180-1 3)3. Enforcement.
The Inspector of Buildings or his designee or the Police Chief or his designee,shal I
enforce this chapter.
§180-134. Violations and penalties,
Any violation of this Chapter may, in the discretion of the Inspector of Buildings or his
designee, or the Police Chief or his designee, be enforced by the noncriminal complaint
method for which provision is made, and/or as set forth in MGL c. 40, §21 D, as amended
from time to th-ne. that is, noncriminal disposition. Fines issued pursuant to this section
shall be $100. per vehicle per day. Each day that such violation exists shall constitute a
separate offense under this section.
§180-135. Severability.
If any subsection and/or portion of this section is for any reason declared invalid or
unconstitutional by any court, every other subsection and/or portion shall continue in full
force and effect.
LAW DEPARTMENT MEMORANDUM
TO: DONALD RHEAUIX,
FROM: VIN'CF'-NT(;IOSCIA,FSQ.
SUBJECT- TOR-2007-6
DATE: 10/26/2007
CC:
You haveasked me to review the attached proposed zoning ordinance. Upon my review I offer
the following comments.
The IangUagC concerning the Unconstitu6onal nature of the curren't ordinance t-nay provoke
litigation -against the Town and may 'be construed as an Idmission that the Town has acted
improperly when in fact they have not. I also have the same concern with regard to the language
rep.rding the treatment of citizens, therefore I suggest that these he removed.
I find no problem with the first "Whereas" paragraph. However, the next four paragraphs
discuss proposed amendments that have been withdrawn. ,Currently, there -ire no amendments
before the Council other than TOR-2007-6 which you haveasked rne to review,
Finally, I am concerned With tile language regarding repealing and deleting the entire ordinance.
\MICII this ordinance was enacted by the Council on June 14j 2007, Agawam Code Chapter 180,
Section 44F was deleted. Consequently, if Article XVIII. is .deleted the Town of Agawam Will be
\vitboutany sort of temporary parking ordinance. I would advise against completely deleting Article
XN7111 and would recomi-nend that the Council drift amendments that it fccis vill appropriately
,address and resolve the concerns it has.
I would suggest the following language;
Wfliereas, the Code of the Town of Agawam Zoning Ordinances, Article SVIII, entitled
"Ternporary Parking" as set forth in Chapter 180, Section 130, et seq., was approved by the City
Council on June 14, 2007;and
VIereas, the Council has developed concern regarding the ordinance; and
Vlicreas,Article XVIII, entitled "Temporary Parking" as set forth in Chapter 180, Section 130,
et seq. should be atnerided;and
Miereas, the proposed an-tendi-nents -.ire in Lhf- best interest of the City of Agawarn, the public
and general�,velfare of the comInUnity;
Now therefore, the Agawarn City Council hereby resolves, ordains, amends and enacts qs
follows:
Onsert your amendments here)
Therefore, I am returning TOR-2007-6, "An Ordinance to !Amend the Code of the Town of
Agawam Zoning Ordinances By Deleting and Repealing `Temporary Parking"' to you unsigned. If
you have any further questions or concerns, do not hesitate to contact me. ;I would be available to
meet at a mutually convenient time to address the amendment of the ordinance'.
2
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
Sponsored by: Councilors Robert E. Rossi,Gina M. Letellier,Cecilia Calabrese, Donald M. Rheault, Robert A.
Magovern, Dennis J. Perry,Joseph Mineo,Jill P. Simpson,Ruth A. Carr Bitzas, Robert M. Young, George Bitzas
WHEREAS,the Code of the Town of Agawam Zoning Ordinances, Article XVIII, entitled"Temporary
Parking"as set forth in Chapter I go, Sections 130, 131, 132, 133, 134,and 135 inclusive,was approved by the
City Council on June 14,2007; and
WHEREAS,the Mayor has indicated that certain parking areas and,groups in Agawam will be exempt from
this new ordinance;and
WHEREAS,these exemptions and selective enforcement would seem to be counter to the argument that this
new ordinance was passed solely for public safety; and
WHEREAS,that these exemptions to this new ordinance effectively treat different classes of citizens
differently, thus favoring one class of citizens and discriminating against another class of citizen; and
WHEREAS, that this new Ordinance has developed deep concern that its amendments violate Equal
Protection Clause of the U.S. Constitution; and
WHEREAS,Article XVIII, entitled"Temporary Parking"as set forth in Chapter 180, Sections 130, 131, 132,
133, 134 and 13S inclusive,should be repealed and deleted-,and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest of the City of
Agawam, the public and the general welfare of the community;and
NOW THEREFORE,the Agawam City Council hereby resolves,ordains,amends and enacts to the Code of
the Town of Agawam as follows:
The City Council hereby votes to amend Chapter 180, entitled "ZONING" by repealing and deleting the
current Article XVIII, "Temporary Parking"as set forth in Sections 130, 13 1, 132, 133, 134 and 135 inclusive.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING99
Sponsored by: Councilors Robert E. Rossi, Gina M. Letellier,Cecilia CaIabrese,Donald M. Rheault, Robert A.
Magovern, Dennis J. Perry,Joseph Mineo,Jill P. Simpson, Ruth A. Carr Bitzas, Robert M. Young,George Bitzas
WHEREAS,the Code of the Town of Agawam Zoning Ordinances, Article XVIII, entitled"Temporary
Parking"as set forth in Chapter 180, Sections 130, 13 1, 132, 133, 134,and 135 inclusive, was approved by the
City Council on June 14, 2007; and
WHEREAS,the Mayor has indicated that certain parking areas and groups in Agawam will be exempt from
this new ordinance; and
WHEREAS,these exemptions and selective enforcement would seem to be counter to the argument that this
new ordinance was passed solely for public safety; and
WHEREAS,that these exemptions to this new ordinance effectively treat different classes of citizens
differently, thus favoring one class of citizens and discriminating against another class of citizen; and
WHEREAS,that this new Ordinance has developed deep concern that its amendments violate Equal
Protection Clause of the U.S. Constitution; and
WHEREAS,Article XV111, entitled"Temporary Parking" as set forth in Chapter 180, Sections 130, 131, 132,
133, 134 and 135 inclusive, should be repealed and deleted; and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest of the City of
Agawam,the public and the general welfare of the community; and
NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and enacts to the Code of
the Town of Agawam as follows.
The City Council hereby votes to amend Chapter 180, entitled "ZONING" by repealing and deleting the
current Article XVIII, "Temporary Parking"as set forth in Sections 130, 131, 132, 133, 134 and 135 inclusive.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANC S BY DELETING AND
I
REAPEALING "TEMPO :Y PARKING"
Sponsored by:Councilors Robert E.Rossi,Gina M.Letellier,Cecelia Calabrese,Donald M.Rheault,Robert A.
Magovern,Dennis Perry Joseph Mineo,Jill P.Simpson,Ruth A.Carr Bitzas,Robert M.Voting,George Hitzas
Whereas, The code of the Town Of Agawam Zoning Ordinances,Article XV111,entitled"Temporary Parking"
as set forth in Chapter 180,Sections 130, 131, 132, 133, 134 and 135 inclusive,was approved by the City Council on
June 14,2007;and
Whereas, The Mayor has indicated that certain parking areas and groups in Agawam will be exempt from this
new ordinance,and
Whereas, these exemptions and selective enforcement would seem to be counter to the argument that this new
ordinance was passed solely for the purpose of public safety,and
Whereas. that these exemptions to this new ordinance effectively treat different classes of citizens differently,
thus favoring one class of citizens and discriminating against another class of citizen-,and
Whereas, that this new ordinance has developed deep concern that it's amendments violate Equal Protection
Clause(s)of the U.S.Constitution;and
Whereas, Article XV111,'of Chapter 180, entitled"Temporary Parking7' as set forth in Sections 130, 131, 132,
133, 134 and 135 inclusive,should be repeated and deleted;and
Whereas, the proposed amendments to the zoning ordinances are in the best interest of the City of Agawam,the
public and the general weltare:of the conununity;and
Now Therefore, the Agawam City Counci I hereby resolves,ordains,amends and enacts to the code of
Agawam as follows:
The City Council hereby votes to amend Chapter 180,entitled"ZONING" by repealing and
deleting the current Article XV111, "Temporary Parking"as set forth in Sections 180-130, 13 1,
132, 133, 134 and 135 inclusive.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault,President
APPROVED AS TO FORM AND LEGALGALITY
Vincent F, Gioscia, City Solicitor
J`,% ' A"awam
Town ut
36 Main Street Agswan4 Massachusetts 01001-1837
.'Tel. 413-786-0400 Fax 413486-9927
C'.
C_-
October 19, 2007
Agawam Town Council
t.n
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, Cou' ricilor
Robert M. Young, Councilor
Dear Councilors:
At its duly,called meeting held on October 18, 2007, the Agawam Planning Board voted to re--
9
advertise the public hearing for the amendment to the Zoning Ordinance deleting and repealing
"Temporary Parking". B'ased upon the resolution sent to the Planning Board by the Town Council
and attached, the Planning Board's legal ad read as-follows:
The'purpose of the hearing will be to hear the petition of the Agawam Town Council on a
'zoning amendnient to "delete and qppeal" Article XVIII, Section 180-44 F "Temporary
Parking
Attached you will find a memo from Attorney Gioscia discussing the resolution. The Planning
Board has been advised that the newly enacted"Temporary Parking�'ordinance is actually contained
in Article XVIII, Section 180-130 through Section 180-135 of the Zoning Ordinance. The Council's
resolution and the Planning Board's legal ad are, th6efore, in error.
The Planning Berard will re-advertise the public hearing which now will be held at the Planning
Board's November 15,2007 meeting. If you have any questions,please contact the Planning Office
at 786-0400, extension 283.
Sincerely,
Travis Ward, Acting Chairman
Agawam Planning.Board
cc; Clerk, Mayor,Solicitor, File
X
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
Sponsored by: Councilors Robert E. Rossi, Gina M. Letellier,Cecilia Calabrese,Donald M, Rheault,Robert A.
Magovern, Dennis J.Perry,Joseph Mineo,Jill P, Simpson, Ruth A.Carr Bitzas, Robert M,Young,George Bitzas
WHEREAS, the code of the Town of Agawam Zoning Ordinances, Article XVIII,
Section 180-44F, entitled "Temporary Parking" was approved by the City Council on
June 14, 2007; and
WHEREAS,the Mayor has indicated that certain parking areas and groups in Agawam
will be exempt from this new ordinance; and
WHEREAS,these exemptions and selective enforcement would seem to be counter to
the argument that this new ordinance was passed solely for public safety; and
WHERE AS, that these exemptions to this new ordinance effectively treat different
classes of citizens differently,thus favoring one class of citizens and discriminating
against another class of citizen; and
WHEREAS,that.this new Ordinance has developed deep concern that its amendments
violate Equal Protection Clause of the U.S. Constitution; and
WHEREAS, Article XVIII, Section 180-44, entitled "Temporary Parking"'should be
repealed and deleted; and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest
of the City of Agawam, the public and the general welfare of the community; and
NOW THEREFORE,the Agawam City Council hereby resolves, ordains, amends and
enacts to the Code of the Town of Agawam as follows:
The City Council hereby votes to amend Chapter 180, entitled"ZONING" by repealing
and deleting the current Article XVIII, "Temporary Parking" language in Section 180-44.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
_UU UU
Town of Aga'xvam
Law Departmpt
Vincent F.Gioscia,City Solici-or
Kimbcrly L.Srevens,Assistant City Sukitur
To- Planning Board
Cc-
From: Vincent Gioscia
Date: October 16,2007
Re: Proposed Zoning Arriendme"nt'--Temporary Parl ing
Pursuant to a request for.comme'fits to be subrai ed prior to Oc. tober 19,2007, 1
respectfully submitthe following:
As you are aware the-Q ity.Cotifibi I fdfwdrdea-a ptopo sedordinan�e Tepealing the
"Temporary Parking Ordiniance"passed by the Counc:11 in June of 2007. ��rthermore,the
Law Dapurtment was rdinanec,as to. form. The Board
should be aware ofthe.fbllo-%�ing with regar4-to,th&��fb]).os��d'cirdinance as they have been
requested to be the petitioner.
The -first 'Whereas' ir�ads-as fbl!0`w' s':"WEERE AS...Abe codebf the Tov�n of
Agawam Zoning Ordinance, Article XVIH* SccbonA8C-44F,-enfitled"Temporary
Parki ng" was approved,.by,t4c C.iiy quimcil on June*14, �007; an' d"
This is incotrect'�Seictibn-I 80-44-(F) .��as the,Ian gge-dontained-in.the Business
"A"zone requiring a specia.1pem'U"i for U"ain's, AYticle'XVIII contains the
"new"tcnaporary parking otdinance:'It shoWd.'..I�e�.fi6fe,i flmt the.language in the"new"
temporary parkirig ordinance retnov�dd 6c-ct_io-rr.1 80,�.44�o):from`the To%m Code and
replaced it with the curreni"Ternporar ing"(i.e,tic"new") ordinance. Attbe
y Pirk
current fime there is no Section'110-44(F).in th6 Town 'ode as a result of the June 2007
vote of the City Council.
The sixth 'Whereas' reads as follows: "WHE -AS, Article XVIN, Section 180-
44.,'cntiticd"Temporary Parking" should be repealed and deleted;'and"
This is an exceptional statement and also incorrect. If the Board approves this
language then they are in fact recummunding tu tbe Cit Cotuicil to repeal the cntirc rjrst
section of the Business "A" zoning district as again the itation of the Town Code is
incorrect.
There are also errors contauiled in the "Now thei efore"section of the proposed
ordinance which states as follows: "NOW THEREF0.11, the Agawam City Council
36 Main Street,Agawam, NIA 01001 Tel: (413) 786-0�.00 ext. 281 Fax: (413) 786-9927
Pagc 2
October 16,2007
hereby resolves,ordains, amends and enacts'lo the Codd of the Town of Agawam as
follows-
The City Councl I hereby votes to amend Chapter ISO, e ititl ed"ZONING" be repeab ng
and deleting the current Arficle XVIII,"Temporary Par]ing"language contained in
Section 180-44."
If the Planning Board approves this language thE y are again repealing the first
Pan of the Du3incss "A" zoning district. As a result of i hc citation errom contained
within the proposed ordinance it is unclear whether the intent is to repeal S ection. 180-
130,the current temporary parking ordinance,or Sectioi 1 180-44 or 180-44(F)?
Therefore, I respectfully request that.the PI Board not recommend the
proposed ordinance for passage by(lie*City,Counc'il unt I the citation errors are removed
to correct the proposed ordinance and ' ' ntarijcon'fusion ' ith.regard to the contents
pivve W
the notic.p of the pubfic
of the proposed amendment.4 also have co"n`c'e'-,ihs"'reg
hearing as it,may contaiii the impro per':�n.foi4;aiiibir.'�
sp C ly bmif�t�cd,
Vincent Gioscia
36 Main Stteet,Agawam,MA 01001 Tel: (413) 786-04 00 ext. 281 F%x: (413) 786-9927
Agawam Law Department
�/407
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN ORA A AM ZONING
ORDINANCES BY ADDING A NEW ARTICLE XVIII, "TEMPORARY PARKING"
Whereas, the Town of Agawam is the home of Six Flags; and
Whereas, the Town of Agawam is adjacent to the Big "E" fairgrounds; and
Whereas, at various times a year parking is required for various civic and charitable and
social events; and
Whereas, it is a matter of public safety to regulate temporary parking within the Town of
Agawam; and
Whereas, it is in the best interests of the Town of Agawam to be fair and consistent with
all temporary parking within the Town;
NOW THEREFORE, the Agawam City Council hereby resolves, ordains, enacts and
amends as follows:
The City Council hereby votes to amend Chapter 180, entitled"ZONING", by deleting the
current "transient parking" language in §18044(F), and adding a new Article XVIII, "Temporary
Parking" as set forth in the attached Exhibit A.
PER OWER OF THE AGAWAV CITY COUNCIL
\114 1.
^L/U41,1k M
Do . Rheault President Date
P ED A Q FORM AN D LEGALITY
2,-Z 0
Vincent IF.Ckoscia,City Solicitor Date
I A
C=
C :Zz
P Q FO A
Lh")ft t�&�Tt-
1-1 Ilk
Q cpov�
OA
Exhibit A
ARTICLE XVIII
Temporary Parking
§180-130. Definitions and word usage.
A. TEMPORARY PARKING —Temporary parking is defined as the parking of
vehicles, whether for a fee or gratis, which is not incidental to the primary
business or residential use of the property at issue, Temporary Parking shall only
be allowed by Special Permit pursuant to this Chapter.
§180-131, General.
Persons, partnerships, trusts, associations, corporations, civic and charitable organizations
shall be allowed to have temporary parking on their property, whether for a fee or gratis,
via special permit granted by the Board of Appeals after a public hearing. If the applicant
does not own the property for which a special permit for temporary parking is sought, the
owner of the property must join the application.
This section shall apply to every zone defined in Chapter 180.
The application to obtain a special permit for temporary parking shall be as outlined in
§180-11.
The duration of a special permit for temporary parking shall be no longer than two (2)
years.
§180-132. Criteria and conditions.
The Board of Appeals shall use the following criteria and conditions in determining
whether or not to grant a special-permit pursuant to this section.
A. Criteria:
1. Sufficient, in the discretion of the Board of Appeals, means of ingress and
egress shall be provided to and from the temporary parking area.
2. Sufficient and safe, in the discretion of the Board of Appeals, pedestrian
access to and from the temporary parking area and the destination of those
using the temporary parking area.
J. Traffic control shall be provided as required by the Town of Agawam in
the form of a police detail to be paid for by the petitioning entity,
Conditions:
1. No overnight parking shall be allowed.
2. Sufficient, in the discretion of'the Board of Appeals, shielded lighting to
illuminate the temporary parking area to provide for public safety while
not spilling over on to adjacent properties.
3. Parking shall not extend beyond the property lines.
4. At no time shall vehicles utilize the public way to access or exit from
parking spaces.
5. A percentage of the parking spaces shal I be designated as handicap as
required in this chapter and the Americans with Disabilities Act (ADA�.
Such parking spaces shall comply with all markings required by the Town
of Agawam, state and federal authorities.
6. The use of flagmen to direct or control traffic shall be prohibited,
7, A plan for the premises shall be submitted to the Board of Appeals. Said
plan shall show:
I. Number of parking spaces proposed.
2. Means of ingress and egress.
3. Location of structures.
4. Location of fences or other barriers, whether natural or
artificial'.
5.' Loca'tion of signs.
6. Location of sidewalks and/or other pedestrian ways.
7. The plan shall be drawn to scale.
8� A report shall be provided by the Public Safety Officer of the Agawam
Police Department. Recommendations of the officer may be used as
additional conditions by the Board of Appeals.
9� A report shall be provided by the Fire Inspector as to the condition of the
premises with regard to the temporary parking area. Recommendations of
the inspector may be used as additional conditions by the Board of
Appeals,
10. Tr
mporary parking areas shall comply with any and all other licensing and
permit requirements of the Town of Agawam, state and federal authorities,
11. Any other conditions that the Board of Appeals deems necessary to
provide for public safety.
12. Upon the transfer of any property issued a special permit under this article,
said special permit will become null and void.
§180-133, Enforcement.
The Inspector of Buildings or his designee or the Police Chief or his designee shall
enforce this chapter.
§180-134. Violations and penalties.
Any violation of this Chapter may, in the discretion of the Inspector of Buildings or his
designee, or the Police Chief or his designee, be enforced by the noncriminal complaint
method for which provision is made, and/or as set forth in MGL c. 40, §21 D, as amended
from time to time, that is, noncriminal disposition. Fines issued pursuant to this section
shall be $100. per vehicle per day, Each day that such violation exists shall constitute a
separate offense under this section.
§180-135. Severability.
If any subsection and/or portion of this section is for any reason declared invalid or
unconstitutional by any court, every other subsection and/or portion shall continue in full
force and effect.
MAYORAL ACICHl
Received this day of ¢ 2007 from Town Council Clerk.
Signed by Council president this day of (:4 , 2007,
AI'I' C?VAL 3QF LEGI LATION
By the powers vested in nee pursuant to, Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby approve the passage of the above legislation on this day o
12007.
Richard A. Cohen, Mayor
DLSAPPRQVAL 4F LEGISLATION
By the powers vested in\me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I 'hereby veto the passage of the above legislation on this — day of
207 for the following reasons)
Richard A. Cohen, Mayor
RF,TXIRN QF LE!CISLAj[IQN TQ CQUNCIL CLER
Returned to Council Clerk this day of 1, ' ' , 2007.
barbara bard
From: town_council@agawam.ma.us
Sent: Friday, January 08, 2010 8:36 AM
To: barbara bard
Subject: Citizen inquiry for the Agawam Town Council
Name: Agnes Czarniecki
Subject: Defeated Ordinance from 2008
Address:
email: aczarniecki@chicopeema.gov
Phone: 594-1435
Comments: Good Morning, I am looking for a copy of the defeated zoning ordinance amendment
back from- 2008. This ordinance was regarding SIx Flags customers parking I believe along
Main Street. If you could please send that to me that would be great. If you have any
questions please give me a call. Thank you, Agnes Czarniecki Administrative Assistant
Office of the Chicopee City Council
Sent from IP Address: 216. 19.231. 34
Date/Time: 1/8/2010 8: 35 AM
City Council
TownofAgawarn
36 Main St.
Agawam,Ma.01001
April 22, 2008
Lueen Jodoin
1736 Main St.
Agawam, Ma. 01001
Greetings City Councilors,
As representative of the residents who reside near Six Flags, I would like to address the
issue of parking. In light of the parking debacle that took place last year,and might I add was
resolved, this nuisance has reared it's ugly head again. If my memory serves me right, this issue
was to be addressed before the Park opened for season. It seems my elected officials have chosen
to bury their heads in the sand.
There have already been problems with people loitering in our driveways and blocking
entrance to our homes either due to unnecessary ft-affic or waiting to cross the street. I need not
remind you that this is a State Highway and mayor Cohen's concerns for Public Safety were a
true concern. There has already been the first accident of the season,and I'm sure there will be
more.
Our concerns are not with Public Safety,but of a personal nature. We value our homes
and property. We take the time to maintain homes,keep up our lawns,plant flowers and most
important enjoy relaxing in our yards. This becomes quite difficult to do when on constant vigil
of trespassing through our properties. Not to mention to be able to pull in and out of our
driveways at mill. Given the fact that my own home is next door to the residential property that
seems intent on pursuing a career of"parking cars" ,I and my fami-ly are greatly affected by this
intrusion.
Myself, as well as, any other resident of this Town, am entitled to rights Those being a
right to Privacy and a Quality of life. My husband is disabled and cannot endure any added
stresses. Which is why I pushed so hard for a resolution. These scenarios can only acerbate his
condition.
It is the Duty of our esteemed elected officials, Mayor and Council members, to uphold
the ordinances of this Town. It's easy to suggest we "Get a lawyer", which we have. But need I
remind you, this is yourjob, and the job of our"zoning officere'. We pay our taxes, and value
our property.
City Council
Town of Agawam
36 Main St.
Agawam,Ms.01001
we wholeheartedly contribute to the vital essence of this Town. If need be, we will seek
litigation. This is not the avenue we wish to pursue. No individual/group wants to sue the town
within which they live.
In closing, I wonder if all parties would be so complacent if these incursions took place
next to or within their surrounding homes. For your enlightenment, I have enclosed some
photographs for your review, some of which you should all be already aware of. I have also
contacted my State Attorney General Office.I felt given the enormity of the situation and lack of
action there of, the government of the State should be informed. Although we should aH stay
abreast of what our government is or is not doing, I felt that this was in the best interest of all
parties involved. I've also made contact with the Veterans Assoc.,of which my husband is
involved and the American Disabilities Assoc. My husband was diagnosed with Multiple
Sclerosis 3 yrs ago. Some of the scenarios we must tolerate are not conducive to his state of
health.
Feel free to contact me at anytime. My numbers are as follows,Hm: 789-0418, Cell:413-
519-6539, Wk: 413-586-2136.
Sincerely,
zz—
Mffs.Jodoin and the residentss
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General Laws & Acts - G.L. c.40A, §5 Page I of 3
G.L. c.40A, §5
General Laws-&-Acts
-CHAPTER 40A.ZONINO
G.L. c.40A,§6 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 ordina"n-c-e-'or by-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 four-teen 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 shal I 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 r6quest 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
t1b<,< I <1 1 A 1 1 7r, I r-L �'L_'� �'Y-,,,v 7r?nonn7
General Laws & Acts- G.L. c.40A, §5 Page 2 of 3
ordinances or by-laws to the fan-niand 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 govenunent 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 u'niess 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
httn-//C,A 161 IAI "OOOM7
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 certificat6 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 chal5ter '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 all users assent in order to access the database.
1/_1 IAI 17;1--: L:-/'111"1 7 11) 11) 11�
TOR-2007-6
AN ORDINANCETO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
Sponsored by: Councilors Robert E, Rossi,Gina M. Letellier,Cecilia Calabrese,Donald M. Rheault, Robert A.
Magovern, Dennis 1. Perry,Joseph Mineo, Jill P. Simpson, Rutb A. Carr Bitzas, Robert M.Young,George Bitzas
WHEREAS,the Code of the Town of Agawam Zoning Ordinances,Article XVIII,entitled"Temporary
Parking"as set forth in Chapter 180, Sections 130, 131, 132, 133, 134,and 135 inclusivc,was approved by the
City Council on June 14,2007; and
WHEREAS,that this new ordinance has developed deep concem that its enforcement is not in good keeping
with the public and the general welfare of the community; and
WHEREAS,Article XVIII, of Chapter 1$0, entitled"Temporary Parking" as set forth in Sections �i 30, 13 1,
132, 133, 134 and 135 inclusive, should be repealed and deleted; and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest of the City of
Agawam,the public and the general welfare of the community; and
NOW THEREFORE,the Agawam City Council hereby resolves,ordains, amends and enacts to the Code of
the Town of Agawam as follows:
The City Council hereby votes to amend Chapter 180,entitled"ZONING"by repealing and deleting the
current Article XVIII, "Temporary Parking"as set forth in Chapter 180, Sections 130, 131, 132, 133, 134 and
135 inclusive.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
Vincent R Gioscia,City Solicitor
message on
of Now England, Inc.
5 North Westfield Street Toll Free 866. ON HOLD 5
P.0.Box 136 Telephone 413.789.3180
Feeding Hills,MA 01030 Fax 413.789.9379
www.m essa aeon hold ne.coin
geonholdne.com
Fax Transmittal
TO:All City Council Members
From: Don Rheault
Date: November 16, 2007
Total Pages (including cover):
Message: Planning Board Vote last evening
Theplanning board voted 3-1-0 to repeal our currentparking
ordinance last even' No surprise, Frank Meager cast the only
Ing.
no vote.
Purpose of this email is to "THANK"Bob Rossifor a sterling
presentation on behat(of the council at the public hearing. Bob
answered every question of concern by the board with total
command of the ordinance and reason for our action.
Thanks Bob, along with inyse#, Joe Mineo and Jill Messick were
in attendance. I thought the Council would like to know.
Regards, Don
INTEROFFICE MEMORANDUM
TO: PLANNING BOARD
FROM: ROBERT ROSSI
SUBJECT: TOR-2007-6
DATE: 11/15/2007
On behalf of the Zoning and Ordinance Committees, enclosed please find a
unanimously approved and amended copy of the "Temporary Parking"
Ordinance. This is to be used at your November 15�h public hearing to take
whatever action the Planning Board deems appropriate. Thank you.
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
Sponsored by. Councilors Robert E. Rossi,Gina M. Letellier,Cecilia Calabrese, Donald N4.Rheault,Robert A.
Magovern,Dennis J. Perry, Joseph Mineo,Jill P. Simpson, Ruth A. Carr Sitzas, Robert M.Young,George Bitzas
WHEREAS,the Code of the Town of Agawam Zoning Ordinances,Article XVIII, entitled"Temporary
Parking"as set forth in Chapter 180, Sections 130, 131, 132, 133, 134,and 135 inclusive, was approved by the
City Council on June 14,2007; and
WHEREAS,that this new ordinance has developed deep concern that its enforcement is not in good keeping
with the public and thegeneral welfare of the community;-and
WHEREAS,Article XVIII, of 6hapter 180, entitled"Temporary Parking"as set forth in Sections 130, 13 1,
132, 133, 134 and 135 inclusive, should be repealed and deleted;and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest of the City of
Agawam,the public and the general welfare of the community; and
NOW THEREFORE,the Agawam City Council hereby resolves, ordains,amends and enacts to the Code of
the Town of Agawam as follows:
The City Council hereby votes to amend Chapter 180,entitled"ZONING" by repealing and deleting the
current Article XVIII,"Temporary Parking"as set forth in Chapter 180, Sections 130, 131, 132, 133, 134 and
135 inclusive,
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVE D AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"
Sponsored by:Councilors Robert E. Rossi,Gina M.Letellier,Cecilia Calabrese,Donald M.Rheault,
Robert A.Magovern,Dennis Perry,Joseph Mineo,Jill P.Simpson,Ruth A.Carr Hiftas,Robert M.
Young,George Biteas
Whereas, The code of the Town Of Agawam Zoning Ordinances,Article XVIII,entitled
"Temporary Parking"as set forth in Chapter 180, Sections 130, 131, 132, 133, 134 and 135
inclusive, was approved by the City Council on June 14,2007; and
Whereasq that this new ordinance has developed deep concern that its enforcement is not in
good keeping with the public an(3eneral welfare of the community; and
Whereas. Article XV111,of Chapter ISO, entitled "Temporary Parking" as set forth in
Sections 130, 131, 132, 133, 134 and 135 inclusive, should be repealed and deleted;and
Whereas, the proposed amendments to.the zoning ordinances are in the best interest of the
City of Agawam,the public and general welfare of the community;and
Now Therefore, the Agawam City Council hereby resolves,ordains,amends and enacts to
the_�de of Agawam as follows:
The City Council hereby votes to amend Chapter 180, entitled"ZONING"by repealing and
deleting the current Article XVIU,"Temporary Parking"as set forth in Chapter 180,Sections
Q5130, 131, 132, 133, 134 and 135 inclusive.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
Vincent F, Gioscia,City Solicitor
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "TEMPORARY PARKING"'
Sponsored by:Councilors Robert L Rossi,Gina M.Letellier,Cecilia Calabrese,Donald M.Rhesult,
Robert A.Magovern,Dennis Perry,Joseph Mineo,Jill P.Simpson,Ruth A.Carr Bitzes,Robert M.
Voung,George Hitzas
Whereas, The code of the Town Of Agawam Zoning Ordinances,Article XVIII,entitled
"'Temporary Parking7 as set forth in Chapter 180, Sections 130, 13 1, 132, 133, 134 and 135
inclusive,was approved by the City Council on June 14,2007;and
Whereas, that this new ordinance has developed deep concern that its enforcement is not in
good keeping with the public an ufo'� neral welfare of the community;and
Whereas., Article XV111, of Chapter 180, entitled"Temporary Parking" as set forth in
Sections 130, 131, 132, 133, 134 and 135 inclusive,should be repealed and deleted;and
Whereas, the proposed amendments to.the zoning ordinances are in the best interest of the
City of Agawam,the public and general welfare of the community;and
Now Therefore, the Agawarn City Council hereby resolves,ordains,amends and enacts to
the&e of Agawaxn as follows:
The City Council hereby votes to amend Chapter 180,entitled"ZONING'by repealing and
deleting the current Article XVI-H,"Temporary Parking"as set forth in Chapter 180,Sections
130, 131, 132, 133, 134 and 135 inclusive.
PER ORDER OF THE AGAWAM CITY COUNCI
Donald M. Rheault,President
APPROVED AS TO FORM AND LEGALITY
Vincent F,Gioscia,City Solicitor
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND
REPEALING "'TEMPORARY PARKING"
Sponsored by: Councilors Robert E.Rossi,Gina M.Letellier,Cecilia Calabrese,Donald M. Rheault,
Robert A.Magovern,Dennis Perry,Joseph Mineo,Jill P.Simpson,Ruth A.Carr Hitzas,Robert M.
Young,George Bitus
Whereas, The code of the Town Of Agawam Zoning Ordinances,Article XVIII,entitled
"Temporary Parking7 as set forth in Chapter 180, Sections 130, 131, 132, 133, 134 and 135
inclusive,was approved by the City Council on June 14,2007;and
Whereasq that this new ordinance has developed deep concern that its enforcement is not in
good keeping with the public and general welfare of the community;and
Whereas. Article XVIII, of Chapter 180, entitled"Temporary Parking" as set forth in
Sections 130, 131, 132, 133, 134 and 135 inclusive, should be repealed and deleted;and
Whereas, the proposed amendments to the zoning ordinances are in the best interest of the
City of Agawam,the public and general welfare of the community;and
Now Therefore, the Agawam City Council hereby resolves,ordains, amends and enacts to
the code of Agawam as follows:
The City Council hereby votes to amend Chapter 180,entitled"ZONING"by repealing and
deleting the current Article XVIH, "Temporary Parking"as set forth in Chapter 180,Sections
IM130, 131, 132, 133, 134 and 135 inclusive.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault,President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia,City Solicitor
INTEROFFICE MEMORANDUM
TO: PLANNING BOARD
FROM: BARBARA BARD, COUNCIL CLERK
SUBJECT: TOR-2007-6
DATE: 11/14/2007
Enclosed please find an approved and amended copy of the "Temporary
Parking" Ordinance to be used at your November 151h public hearing. Thank
you.
—F6 co�oo -.00
AGAWAM CITY COUNCIL
36-MAIN STREET
' AGAWAM .MASSACHUSETTS 01001
LEGAL NOTICE ' LEGAL NOTICE
PRESIDENT PUBLIC HEARING.
Donald M.Rheault AGAWAM CITY COUNCIL
VICE PRESIDENT
Robert A.Magovern The Agawam,City Council will hold a public hearing on
COUNCILORS Wednesday,November 7, 2007 at 7:30 P.M, 4 the Agawam
George Binas Middle School, 68 Main Street, Agawam, MA, The purpose of this
CecilialColabrese hearing will be to hear the petition of the Agawam City Council to
Ruth Carr Btaw Amend the Code of the Town of Agawam Zoning Ordinances by
-Gina,M. Letelher
Joseph Mineo Deleting and Repealing "Temporary Parking" (TOR-2007-6).
Dennts J.Perry
Robert E. Rossi BY ORDER OF:
Jill P,Simpson
Robert M. Young
Donald M. Rheault
COUNCEL CLERK City Council President
Barbara A. Bard
TO BE,ADVERTISED ON OCT 18, 2007 AND OCT 25, 200T
LEGALNOTICk!' parking-(TOR-2007-6).
PUBLIC HEARING BY ORDER OF:
AGAWAM CITY Donald M.
COUNCIL Rheault
The Agawam City
City Council
Council will hold a pub- President
lie hearing on Published: Oct. IS
Wednesday, November and Oct.25,2007
7, 2007 at 7.30 P.M, at
The Agawam Middle
School, 68 Main Street,
Agawam, MA. The put-
TELEPHONE pose of this hearing will
(413) 786-0400 Ext.233 be to hear the petition of
the Agawam City
FAX Council to Amend the
(413) 786-9927 - Code of the Town of
Agawam Zoning Or&
nances by Deleting and
Repealing "Temporary
LAW DEPARTMENT MEMORANDUM
TO: DONALD RI-11"AIJI.T.111W'SIDENT
FROM: VINCENTG10SCIA,14—SQ
SUBJECT: TOR-2007-6
DATE� 10/26/2007
M.
You have asked me to review the attached proposed zoning ordinance, Upon my review I offer
the following comments.
The language concerning the unconstitutional nature of the current ordinance may provoke
litigation aga inst the Town and may 'be construed as -an adn-tission that die Town has acted
iniproperly,when in fact they have not. I -also have the same concern 'With regard to the language
regarding the treatment of citizens, therefore I suggest that these be removed,
I find no problem with the first "Whereas" paragraph. However, the next four paragraphs
discuss proposed amendments that have been withdrawn. Currently, there axe no amendments
before the Council other than TOR-2007-6 which you have asked me to review.
Finally, I am concerned with the language regardingrepealing and deleting the entire ordinance,
When this ordinance was enacted by the Council on June 14, 2007, Agawam Code Chapter 180,
Section 44F was deleted. Consequently, if Article XV111. is 'deleted the Town of Agawam will be
without any sort of temporary parking ordinance. I would advise against completely deleting Article
XVIll and would recommend that the Council draft amendments that it- feels will appropriately
addressand resolve the concerns it has,
I would suggest the following language.-
Miereas, the Code of the Town of Agawani Zoning Ordinances, Article SVITI, entitled
"Temporary Parking"' as set forth in Chapter 180, Section 130, et seq., was approved by the City
Council onjune 14, 2007;and
NXIliereas, the Council has developed concern regarding die ordinince.and
Whereas, Article XVIII. entitled "Temporary Parking" as set forth in Chapter 180, Section 130,
et seq. should be amencled;and
Whereas, the proposed amendments are in the best interest of the City of Agawam, the pubbic
and general welfare of the community;
Noxv therefore, the Agawarn City Council hereby resolves, ordains, amends and enacts is
(insert your amendments here)
Therefore, I am returning TOR-2007-6, "An Ordinance to Amend the Code of the Town of
Agawam Zoning Ordinances By Deleting and Repealing 'remporary Parking... to you unsigned. If
you have any further questions or concerns, do not hesitate to contact me. I would be available to
meet at 2 mutually convenient time to address the amendment of the ordinance.
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETINC. AND
REPEALING "TEMPORARY PARKING"
Sponsored by: Councilors Robert E. Rossi, Gina M. Letellier,Cecilia Calabrese,Donald M. Rheault, Robert A.
Magovern, Dennis J. Perry,Joseph Mineo,Jill P. Simpson, Ruth A.Carr Bitzas, Robert M.Young,George Bitzas
WHEREAS,the Code of the Town of Agawam Zoning Ordinances,Article XV111, entitled"Temporary
Parking" as set forth in Chapter 180, Sections 130, 131, 132, 133, 134,and 135 inclusive, was approved by the
City Council on June 14, 2007; and
WHEREAS,the Mayor has indicated that certain parking areas and groups in Agawam will be exempt from
this new ordinance; and
WHEREAS,these exemptions and selective enforcement would seem-to be counter to the argument that this
new ordinance was passed solely for public safety; and
WHEREAS,that these exemptions to this new ordinance effectively treat different classes of citizens
differently, thus favoring one class of citizens and discriminating against another class of citizen; and
WHEREAS,that this new Ordinance has developed deep concern that its amendments violate Equal
Protection Clause of the U.S, Constitution; and
WHEREAS,Article XVIII, entitled "Temporary Parking"as set forth in Chapter 180, Sections 130, B 1, 132,
133, 134 and 135 inclusive,should be repealed and deleted; and
WHEREAS,the proposed Amendments to the zoning ordinances are in the best interest of the City of
Agawam,the public and the general welfare of the community; and
NOW THEREFORE,the Agawam City Council hereby resolves, ordains,amends and enacts to the Code of
the Town of Agawam as follows:
The City Council hereby votes to amend Chapter 180,entitled "ZONING"by repealing and deleting the
current Article'XV111, "Temporary Parking" as set forth in Sections 130, 131, 132, 133, 134 and 135 inclusive.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
INTEROFFICE MEMORANDUM
TO: AGAWAM PLANNING BOARD
FROM: GINA M. LETELLIER, CITY COUNCIL
SUBJECT: TOR-2007-6
DATE: 9/20/2007
I have reviewed Dennis Hopkins' memo to Donald Rheault in which he
indicates that the Planning Board does not wish to be Co-Petitioners with the
Council with regard to amendments to TOR-2007-6. While a formal vote on
the record may have been necessary, I will respect your stated wishes.
This being said, at our Sub-Committee meeting on September 12, 2007,
Dennis did indicate that the Planning Board was already working on two
different amendments to the Transient Parking Ordinance. Please advise if this
is still the case. If it is, please be advised that the Zoning and Ordinance Sub-
Comrmittees will be meeting on Thursday, September 27, 2007, at 7:00 P.M. in
the Commuluty Room at the Library, We welcome your presence and/or your
proposed amendments so that we can work together in the best interests of the
town, even if we are not Co-Petitioners,
Enclosed please find the minutes from our Sub-Comtr6ttee meeting
referenced above. They will be helpful to our groups as we work together,
Thank you.
Gina M. Letellier, City ouncil
GML/bb
Cc: Full Council
AGAWAM CITY COUNCIL .
36MAINSTREET
AGAWAM, MASSACHUSETTS 01001
SUB-COMMITTEE MEETING NOTICE
To: Zoning Committee Ordinance Committee
PRESMENT Chair—Gina Letellier Chair—Robert Magovern
Donald M. Rheault
George Bitzas Cecelia Calabrese
VICE PRESIDENT Robert Rossi Ruth Carr Bitzas
Roberz A.Magovern
COUNCILORS Date: September 20, 2007
George Bitzas
Cecilia Calabrese
Ruth Carr Bitras
Gina M.Letellier
Joseph Mineo
Dennis J. Perry
Robert E. Rossi Please be advised that there will be a joint sub-committee meeting at
Jill P. Simpson 7:00pm. on Thursday, September 27, 2007, in the Community Room at
Robert M. Young the Agawam Public Library,
COUNCrL CLERK
Ursula Re=1er AGENDA
I- Discussion of amending current zoning and parking ordinance.
2. Any other business related items to said ordinance.
/In
Gina Letellie , Chadir Robert M 90 /Ir
Cc: Full Council
Lop) L--)
>
rn
TELEPHONE ):N-C
(413),786-0400 Ext 233
FAX
(413) 786-9927
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
September 20, 2007
PRESIDENT Chief Robert Campbell
Donald M. Rheault Agawam Police Department
VICE PRESIDENT 681 Springfield Street
Robert A. Afagovern Feeding Hills, MA. 01030
COUNCILORS Re- Transient Parking Ordinance
George Bitzas'
Cecilia Calabrese
Ruth Carr Bitzas Dear Chief Campbell:
Gina M. Lerellier
Joseph Mineo Please be advised that there will be a joint sub-committee meeting
Dennis J.Perry with the Zoning and Ordinance Committees on Tbursday,
Robert E. Rossi September 27, 2007, at 7:00,P.M., in the Community Room at the
Jill P. Simpson
Robert A4. Young Agawam Town Library. As we discussed, you're cordially invited
to provide us with input with respect to this issue.
COUNCIL CLERK
Ursula Retzler Sincerely,
Robert A. Magovern
Council Vice President
RAM/bb
Cc: Full Council
TELEPHONE
(413) 786-0400 Ext. 233
FAX
(413) 786-9927
Town of Agawam-
Mayor's Office
Richard'A. Cohen, Mayor
ran
A
OR fo
ty4 01
"o e
ro .,_,M'a'y9iRichifd _,L'
_;To
OR
qqtjng� th oul Qti petitioner
01 ;,;exis Ing
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for TOR-2004- with f
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for the public s� to
Let '
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The Council 6n tf I%d ucb as the
Council will be re--w -i r manceJum Ivith clig my
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101 econfusion. I
proposed ameudmenu'4 on -2007-8 0 as to av '45hyrth"11a)"
51� —- '� '- T_.). ' , ,
would request thai�_th'fl".16611%1'01 e
ameadment-i' th I fe-*y i*016iiiversion.
t;� a officials,456d any pertinent
ted, 4M (Wii
I have instruc\� J�/h,Al�av a r.f mg Va
departments to be availab
I XiOOA U P.-W] itingof the temporary
4r
parking ordinance.
ly yours,
Mayor Richard A. Cohen
V Oz �3s toot
36 Main Street,Agawam,M#atW,
,,4413) 786-0400 ext. 200 Fax: (413) 786-9927
'40 VO
INTEROFFICE MEMORANDUM
TO: MAYOR RICHARD A. COHEN
FROM: DONALD RHEAULT, CITY COUNCIL PRESID.ENT
SUBJECT: TOR-2007-8
DATE: 9/18/2007
The Agawam City Council has questioned your intent with respect to Agenda
item TOR-2007-8 (An Ordinance to Amend the Code of the Town of Agawam
Zoning Ordinances, Article XVIII, § 180-131). It is unclear as to whether you
are requesting the Council to be Petitioner or for the Council to send this
matter to the Planning Board to be Petitioner.
The Council tabled this Agenda item and is awaiting your specifications.
Thank you for your assistance in this matter.
Ot 11J�
Donald Rheault, President
DR/bb
Cc: Full Council
SEP-14-07 12:0$ AM HOPKINS 413 7e9e976 P. el
41
Indum
Via: Facsimile and E-Mail
Dennis B. Hopkins
108 Monro
e St.
Agawam, MA, 011001-3240
To Mr. Donald Rheault, President Agawam To;w;;n Cou C!
From D. B. Hopkins, Chair,Agawam Planning So
PC: D. Dachos,
Date : September 13, 2007
Re Agawam Temporary Parking Ordinance
Agawam Planning Board as Co-Petitioners
President Rheault-
-nember of the Agawam Planning Board and there is no
have spoken to each r
s �drt for the Agawam Planning Board being co-petitioners with the
T, up Agawam
1.' ToWn Council for the amendment of the Temporary Parking Ordinance. I do not
know If theywould support the Agawam Planning Board being the so
e petitioner
for the changes, but I do' know that they have each stated that they will not
1, support being co-petitioners.
Thianx-D. H.
3,
h L0117 ,
New 10001V
INTEROFFICE MEMORANDUM
TO: CITY CC►UNCIL MEMBERS
FROM: DONALD RHEAULT, TOWN COUNCIL PRESIDENT
SUBJECT: TOIL-2007- (SUB-COMMITTEE MTG. INFO.)
DATE: /13/2007
Enclosed please find the minutes from the Sub-Committee Meeting from
Thursday, September;1 , 2007, and copies of memos supplied by former Safety
Officer Donald Gallcrani
N
onald Rheault president
D /bb
Memo
To- Deborah Dachos, Planning and Community Development
From: Sgt. Donald Gallerani
Subject: Safety Issue: Sidewalks on Main St. at Six Flags
Date: June 30, 2004
CC- Chief Robert D. Campbell
Mayor Richard Cohen
On 06/28/04 Lt. Nardi informed me that he received a safety complaint from Ron Sevart of Six
Flags. Sevart's issue was that people are parking their cars in parking lots other than Six Flags'
and are walking on and crossing over Main Street. Sevart is afraid that one of these people may
be struck by a car and it will have a negative impact on Six Flags.
This is a safety issue. There should be sidewalks on Main Street in front of Six Flags. Six Flags
draws approximately 2 million people to this area of Main Street. The volume of motor vehicle
traffic is huge and pedestrian traffic on Main Street is growing because people do not want to pay
$10 or$15 to park at Six Flags. These pedestrians have no place to walk except in the street.
We also have Town residents that live at the southern end of Main Street that may want to walk
to the store or get some exercise and they must walk in the street. The fact that Six Flags does
not want pedestrian traffic on Main Street and they do not want to add a sidewalk on their side of
the street is not an adequate answer if someone is struck by a motor vehicle because they were
walking in the stre6t.
New residential construction in our Town requires the builder to put in sidewalks on the street.
However, Six Flags is not required to have sidewalks with all the motor vehicle and pedestrian
traffic they generate, This does not make sense.
It would be my recommendation that sidewalks be added to the eastern side of Main Street from
the Connecticut line to River Road and on the western side from South Street to the Connecticut
line.
f-iyawal Ll rQ_L_LUC LA-_JJC1.L L111CilU
Call Number Printed: 06/28/2004
ate: 06/28/2004 Monday
J Number Time Call Reason Action Priori�X Duplicate
04-8353 1104 Initiated - TRAFFIC COMP DEPARTMENTAL ACTION 2
Call Taker: 951 - Dispatcher Kristine D Labelle
Location: [01 21031 SIX FLAGS OVER NEW ENGLAND #2103 - 1623 MAIN ST
Initiated By: 5B - Sergeant Donald Gallerani
Calling Party: SIX FLAGS NEW ENGLAND 413-786-9300
SEVART, RONALD @ 1623 MAIN ST - AGAWAM, MA 01001 413-786-9300
Race: W Sex: M
Involved Party: T.J. SPORTBOUSE 413-186-4674
VZILLEUX, ANTHONY @ 1664 MAIN ST - AGAWAM, MA 01001 413-786-4874
Race: W Sex: M
Involved Party: PARK PLACE AUTO SALES 413-769-6656
EVANS, CAROLINE @ 1688 MAIN ST - AGAWAM, MA 01001 413-789-6656
Race: W Sex: F
Unit: 5B Sergeant Donald Gallerani Arvd-1104 Clrd-1106
Narrative:
LT. NARDI INFORMED ME (SGT GALLERANI) THAT HE RECEIVED A
COMPLAINT FROM RON SEVART OF SIX FLAGS THAT PEOPLE GOING TO
SIX FLAGS ARE PARKING AT TJ SPORT HOUSE AND PARK PLACE AUTb
AND ARE CROSSING MAIN ST TO �ENTER INTO POST 6. SEVART IS
CONCERNED THAT-SOMEONE MAY GET -STRUCK BY A CAR. ----�4 3,9,0
SGT GALLERANI SPOKE TO TONY VEILLEUX OF TJ SPORTHOUSE AND
CAROLINE EVANS OF PARK PLACE AUTO. GALLERANI ADVISED THEM
TO INFORM PARKERS TO WALK NORTH ON THE SIDE OF MAIN ST AND
ENTER THE PARK FROM THE PEDESTRIAN BRIDGE. BOTH PARTIES
AGREED THEY WOULD DO SO.
SGT GALLERANI WILL ALSO NOTIFY RON SEVART AT SIX FLAGS THAT
THEY SHOULD PUT UP A SIGN ON THE WEST SIDE OF MAIN ST UNDER
OR NEAR THE BRIDGE INDICATING T14AT PEDESTRIANS SHOULD "ENTER
HERE".
ALSO, SGT GALLERANI WILL CONTACT DEBBIE DACHOS OF THE TOWN'S
PLANNING AND DEVELOPMENT AND RECOMMEND TO HER THAT SIX FLAGS
PUT A SIDEWALK ON AT .LEAST ONE SIDE OF MAIN STREET, IF NOT
BOTH SIDES.
MEMORANDUM
To: Mayor Richard A. Cohen; John P. Stone, Superintendent of Public Works;
Chief Campbell; Sgt. Gallerani; Georganne Hoyman, Town Engineer;
Thomas Locke, Solicitor
From: Deborah S. Dachos, Director Planning and Community Development
Subject: South Main Street Parking Issue
Date: August 30, 2004
The purpose of this memo is to recap my understanding of the consensus of those who
attended the meeting today regarding the South Main Street parking issue. The Town's
goals are the following:
Protect the safety of those operating vehicles and pedestrians in
this area of Town.
Identify parking options which conform with zoning and allow
those utflizing these options to safely gain access to Six Flags,
Identify parking options that do not result in traffic delays or
congestion.
The following were recommendations of those present.
All those properties which are intentionally providing transient
parking, whether by charging a fee or not, should adhere to the
Zoning Ordinance. (The Planning Office will petition for a Zoning
Amendment which will exempt transient parking which is
conducted for four weeks or less from the provisions of the Zoning
Ordinance dealing with transient park. Those who wish to provide
transient parking for less than four weeks may be required to
submit their request in writing and receive some sort of approval or
sticker.)
Six Flags will be requested to restrict pedestrian access to the Park
to the pedestrian bridge and not allow foot traffic to enter the
eastern parking area from Main St.. Six Flags will be asked to
present a method for addressing this request.
Mayor Richard A. Cohen;Thomas S.Locke,Sgt,Gallerani,Georganne Hoyman, Chief Canipb0l,John Stone
Page 2
August 25,2004
The Town will explore the possibility of designing and
constructing a sidewalk on the west side of Main Street from the
Connecticut line'to the pedestrian bridge. The Main Street PWED
will be explored as the,funding mechanism for this project, Six
Flag's participation will also be requested, The Planning Office
will consult with C & C Engineering and the Massachusetts
Highway Department(MHD). Six Flags would have to construct
walks from the public way to connect to their pedestrian bridge.
The Agawam Department of Public Works will provide the
necessary information to C & C Engineering and MHD to
determine what would be involved with completing sidewalk
construction from its present tern-tinus on the east side of Main
Street north of River Road southerly to River Road. The Town
Engineer recommends continuing the walks in front of the two
homes on the south east comer of River Rd. and Main St. C & C
should have the base plan information which would help them
make an initial determination if walks could be placed here. Is
new signal equipment part of the intersection improvements here?
If so, can pedestrian accommodation be incorporated to facilitate
this pedestrian movement, (and future bike way)?
Please let me know if you agree with this summary of our morning meeting or if you have
any additions and/or changes.
Thank-you.
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 0 100 1
SUB-COMMITTEE MEETING NOTICE
To: Zoning Committee Ordinance Committee
PRESIDENT
Chair—Gina Letellier Chair—Robert Magovern
Donald M. Rheault rn
George Bitzas Cecelia Calabrese
VICE PRESIDENT Robert Rossi Ruth Carr Bitzas >
X
Robert A.Magovern
x
Date: September 10, 2007 X*C__
COUNCILORS
George Bit=
Cecilia Calabrese
RuthCarr Bit=
Gina M. Letellier
roseph Afineo
Dennis J Perry
Robert E. Rossi Please be advised that there will be a joint sub-committee meeting at
Jill P.Simpson 7:00p.m. on Wednesday, September 12,2007, in the conference room
Robert M. Young located within the children's section of the Agawam Public Library.
COUNCIL CLERK
Ursula Retzler AGENDA
I Discussion of current zoning and parking ordinance,
2. Any other business related items to said ordinance.
Sergeant Donald Gallerani, former Safety Officer, is an invited guest and
will attend.
A .
Gina Letellier, Chair Ro ert Maggovem, h r
Cc: Sergeant Donald Gallerani
Full Council
TELEPHONE 4,
(413)786-0400 Ext.
FAX
(413) 786-9927
09/13/2007 12:21 413 ATTY LETELLIER PAGE 02/05
Notes from joint meeting of Zoning and Ordinance Committees
In attendance:
Zoning Committee. Chair, Gina Letellier
Robert Rossi
George Bitzas
Ordinance Committee, Chair,Robert Magovern
Cecilia Calabrese
Ruth Carr-Bitzas
Also in attendance:
City Council President, Donald Rheault
Joseph�&neo
Jill Simpson
Several citizens of Agawam
Two inernbers of the print press
Meeting called to Order at 7:.00pm on September 12,2007
Topics of discussion:
1. What do Nve want? Do we want to require one-day parking to require a special permit? The
consensus was that we do not want to require one-day parking lots to require special permit, whether
offering puking for a fee or gratis.
2. If a property owner already has an approved parking lot, why should they also be required to obtain
another license for parking?.
3, If the legislative intent of this ordinance is to enhance public safety, then why have sidewalks never
been installed on the south end of Main St. to the Connecticut state line?
4. What action will the Zoning Committee and the Ordinance Committee recommend to the full City
Council on September 17'7
5. Mayor's proposed amendment on the City Council agenda for Monday September I r would still
require churches to obtain the special permit, but would exempt them from having to pay the $250.00
application fee. Is that fair?
If public safety is the underlying objective of the transient parking legislation, then why have sidewalks
never been installed around Six Flags to safely provide foot traffic to and from the amusement park? To
help answer that question, Former Public Safety Officer, Sergeant Gallerani was invited to address the
joint meeting.
I
09/13/2007 12:21 413 ATTY LETELLIER PAGE 04/05
may have contained pre-approved parking lots that were on file with the Town Hall. Therefore,
buildings and parking lots constructed prior to 1984 would need to be"grandfathered in!'.
Additional questions were raised and discussed as follows:
What do other areas towns do, if anything about transient parking? It was discussed that West
Springfield encourages transient parking and does nothing to prohibit it-
Councilors and the public are hearing that the Mayor has indicated that certain groups and certain
parking areas in Agawam will be expempted from the ordinance. Councilors agreed, with one
exception, that if that is true, it is an abuse of power and subjects the town to lawsuits for selective
enforcement' Additionally, questions were raised that these exemptions would seem to be counter to the
arguments that the current ordinance was passed solely for public safety.
A Public Hearing with the City Council and the Planning Board will be required about the-parking
ordinance. we already referred the Transient Parking Ordinance to the Planning Board to amend by
repeal at the last City Council meeting. However, a petitioner needs to be named.
Going forward,the steps to be followed are these:
1. Have notes from this joint meeting typed by Gina Letellier and Cecilia Calabrese and distributed to
the full City Council for approval.
2. Refer the approved notes to the Planning Board for their.review; and
3. Vote on whether the City Council should be the petitioner for the referred parking ordinance. Lf
approved, then invite the PlanningBoard to be co-petitioner,.if they so choose.
The recommendations for these ibree steps were voted on by members of the Zoning Committee and the
Ordinance Committee. There was unanimous approval.
Finally, turning to the Mayor's proposed amendments on the September 17'h agenda, the two
subcommittees were asked to vote whether to recommend approval of the amendments proposed by the
Mayor. Zoning Committee voted 2 — no and I — yes, thus sending a negative recommendation to the
full City Council. The Ordinance Committee voted 3,—no, also sending a negative recommendation to
the fall City Council.
Reasons for sending the negative recommendations include the concern that the amendments violate the
Equal Protection Clause the of U.S. Constitution. The Mayor's amendments effectively treat difFerent
classes of citizens differently, thus favoring one class of citizens (i.e. churches and municipalities) and
discriminating against anotber class of citizens(i.e. private, tax-paying property owners). Also, if public
safety is the lynch-pm' of this legislation, then pursuing the installation of sidewalks, as recommended in
2004,should have been made a priority at least three years ago.
It should be noted, that during the drafting of the original transient parking 'Ordinance, when a
suggestion was made to exempt non-profit organizations from paying the $250.00 application fee the
09/13/2007 12:21 413 ATTY LETELLIER PAGE 05/05
City Solicitor pointed out that you could"not do that, for just these'reasons. Why, now, is it ok? What
supporting case law exists that we can do this now, which did not exist in May and June?
Ile meeting was adjourned at 8:38pm.
Respectfully submitted, Respectfully submitted,
Gina Letellier,Zoning Committee Chair Cecilia Calabrese, Ordinance Conunittec Secretary
09/13/2007 12:21 413 ATTY LETELLIER
PAGE 01/05
LETEWER LAW OFFICES, P.C.
ATTORNFY GINA M. LETEUIER
430 Main Street, Suite 107
Agawam. MA 01001
1-413-786-5300 (D
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09/13/2007 12:21 413 ATTY LETELLIER PAGE 02/05
Notes &om joint meeting of Zoning and Ordinance Committees
in attendance:
Zoning Cornmittee: Chair,Gina Letellier
Robert Rossi
Cleorge Bitzas
Ordinance Committee, Chair,Robert Magovem
Cecilia Calabrese
Ruth Carr-Bitza$
Also in attendance:
City Council�resldent,Donald Rheault
Joseph Mineo
Jill Simpson
Several citizens of Agawam
Two members of the print press
Meeting called to Order at 7.-00pm on September 12,2007
Topics of discussion:
1. What do we want? Do we want to require one-day parking to require a special permit? The
consensus was that we do not want to require one-day parking lots to require special permit, whether
offerft parking for a fee or gratis.
2- If a property owner already has an approved parking lot, why should they also be required to obtain
another license for parking?
3. If the legislative intent of this ordinance is to enhance public safety, then why have sidewalks never
been installed on the south end of Main St. to the Connecticut state line?
4. What action will the Zoning Committee and the Ordinance Committee recommend to the full City
Council on September 17'7
S. Mayor's proposed amendment on the City Council agenda for Monday September ir would still
require churches to obtain the special permit, but would exempt them from having to pay the $250.00
application fee. Is that fair?
If public safety is the underlying objective of the transient parking legislation, then why have sidewalks
never been installed around Six Flags to safely provide foot traffic to and from the amusement park? To
help answer that question, Former Public Safety Officer, Sergeant Gallerani was invited to address the
joint meeting.
09/13/2007 12:21 413 ATTY LETELLIER PACE 03/05
Officer Gallerani made a presentation in order to give us a historical point of reference regarding the
sidewalk issue. According to Officer Gallerani, during the summer 2004 while on duty at Post 7, the
east side entranceto Six Flags New England, be: observed a woman pushing a stroller with a two-year
old, while trying to hold the hand of a four-yeaT old, walking along the side of Main Street in Agawam
attempting to get to an area restaurant. There were then, as now,no sidewalks for her to use.
As a result of his observation, Officer Gallerani drafted a memo to Mayor Cohen, the Police Chief,
Deborah Dachos and other Town Hall officials that, in his opinion, there needed to be sidewalks
installed from the Pedestrian Bridge to the Cormecticut state line.
Main Street bad been reconfigured by Mass. Highway Dept. to accommodate traffic comingfirom and to
Rte. 57,along Main Street, to Six Flags. Consequently,the 4 foot breakdown lane which had previously
been available to accommodate foot traffic was removed. The sidewalks were necessary to make
pedestrian traffic in that area more safe than the condition that existed then, and still exists today.
Installation of sidewalks was never pursued following Officer Gallerani's report. Officer Gallerani made
a copy of his 2004 memo available for all members of the City Council. The council discussed drafting
a resolution requesting that the Mayor contact MassItighway as soon as possible regarding the
installation of sidewalks as proposed by Sgt. Gallerani.
Turning to the issue of how best to address temporary parking, one suggestion that was made was to
limit the application of the transient parking ordinance to land zoned Business A or Business B only.
However, problems were foreseen in situations where single-family homes.may be built on Business
zoned property, or even Industrial zoned property. The suggestion that zoning classification may revert
to Residential A or B was not pursued because of potential concerns that such re-zoning may be
construed as a taking,by the town since the value of Business or Industrial zoned land is higher than that
of Residential zoned land.
Other recommendations discussed include removing the criteria and conditions section and simply come
up with a meaningful definition for "transient parking". 'Tben, simplify the process and have the Zoning
Board of Appeals set. conditions, not the City Council. Also, have the Building Commissioner
determine if there is need of a site plan for parking.
The discussion came back to the premise: if you already have an approved parking lot, why should you
be required to get another license? If it is approved and on file with the Town, then you an use the
parking lot to park-cars without need of a special permit-
Ultimately,there was consensus to throw out the Transient Parking ordinance approved in June and start
over,based on the premise that if you already have an approved parking lot, then no additional licensing
or pertnit will be required to park cars, whether for a fee or gratis, as long as the 1�nd owner does not
exceed the maximura number of previously approved parking spots. If, however, you do NOT have a
pre-approved parking lot then a special permit will be required.
It was pointed out that construction prior to 1984 would not have a site plan in the Town Hall because
approximately 15 years ago, many boxes of documents had been discarded. Those boxes of documents
09/13/2007 12:21 413 ATTY LETELLIER PAGE 04/05
may have contained pre-approved parking lots that were on file with the Town Hall. Therefore,
buildings and parking lot.s constructed prior to 1984 would need to be"grandfathered in".
Additional questions were raised and discussed as follows:
What do other areas towns do, if anything about transient parking? It was discussed that West
Springfield encourages transient parking and does nothing to prohibit it.
Councilors and the public are hearing that the Mayor has indicated that certain groups and certain
parking areas in Agawam will be expempted from the ordinance. Councilors agreed, with one
exception, that if that is true, it is an abuse of power and subjects the town to lawsuits for selective
enforcement.' Additionally,questions were raised that these exemptions would seem to be counter to the
arguments that the current ordinance was passed solely for public safety.
A Public Hearing with the City Council and the Planning Board will be required about the parking
ordinance. We already referred the Transient Parking Ordinance to the Planning Board to amend by
repealat the last City Council meeting. However, a petitioner needs to be named.
Going forward, the steps to be followed are these:
1. Have notes from this joint meeting typed by Gina Letellier and Cecilia Calabxese and distributed to
the full City Council for approval.
2. Refer the approved notes to the Planning Board for their,review; and
3. Vote on whether the City Council should be the petitioner for the referred parking ordinance. Jf
approved,then invite the PlanningBoard to be co-petitioner,if they so choose.
The recommendations for these three steps were voted on by members of the Zoning Committee and the
Ordinanue Committee. There was unanimous approval.
Finally, turning to the Mayor's proposed amendments on the September 17*' agenda, the two
subcommittees were asked to vote whether to recommend approval of the amendments proposed by the
Mayor. Zoning Committee voted 2 — no and I — yes, thus sending a negative recommendation to the
full City Council. The Ordinance Committee voted 3 —no, also sending a negative recommendation to
the full City Council.
Reasons for sending the negative recommendations include the concern that the amendments violate the
Equal Protection Clause the of U.S. Constitution. The Mayor's amendments effectively treat different
classes of citizens differently, thus favoring one class of citizens (i.e. churches and municipalities) and
discriminating against another class of citizens (i.e.private,tax-paying property owners). Also,if public
safety is the lynch-pin of this legislation, then pursuing the installation of sidewalks,as recommended in
2004, should have been made a priority at least three years ago.
It should be noted, that during the drafting of the original transient parking 'ordinance, when a
suggestion was made to exempt non-profit organizations ftorn paying the $250.00 application fee the
09/13/2007 12:21 413 ATTY LETELLIER PAGE 05/05
City Solicitor pointed out that you could'not do that, for just these reasons. Why, now, is it ok? What
supporting case law exists that we can do this now,which did not exist in Ma'y mod June?
The meeting was adjourned at 8:3 Sprn.
Respectfully submitted, Respectfully submitted,
Gina Letellier,Zoning Committee Chair Cecilia Calabrese, Ordinance Committee Secretary
INTEROFFICE MEMORANDUM
TO: PLANNING BOARD
FROM: DONALD RHEAULT,TOWN COUNCIL PRESIDENT
SUBJECT: TOR-2007-6
DATE: 9/10/2007
Please be advised that the City Council, as Petitioners, hereby respectfully
request the Planning Board to address the issue of repealing and amending the
current parking ordinance, TOR-2007-6, as voted September 4, 2007 at the
City Council meeting.
r
Donald Rheault, President
DR/bb
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August 28, 2007
Mayor Richard Cohen
Town Hall
Agawam,MA 0 100 1
Dear Mayor Cohen,
I am writing in regard to ordinance TOR 2007-6 Article XVHI. After hearing of it's
conditions and disbelieving that it could be as restrictive to all Town residents as
reported,I obtained a copy and now share the outrage of all who are aware of the
negative effect it will have on us—e.g. I can no longer allow a neighbor to-leave a car in
my driveway to get it off the street during a snowstorm! Ridiculous? Is every property
owner expected to obtain a permit?
I am sure you are well aware of the consternation this poorly conceived and ill
considered ordinance has caused in our community. It's only purpose seems to be to
appease Six Flags to the detriment of us more lowly tax payers. Our town has become the
subject of ridicule as I have heard shouts across the Stop and Shop parking lot of"are you
parked illegally?"'.
Our police officers have more important duties than enforcing this ordinance which I
can't believe they support. As the'.'messenger" they will bear the brunt of the anger of
citizens causing divisiveness between residents and the officers we rely on and respect.
Owners of businesses, and those responsible for club and church parking lots, who as a
gesture of goodwill have allowed free parking in the past,will have to now refuse
creating an atmosphere of unfriendliness throughout the community. It will be a sad day
if Town Little League Baseball can no longer use the fields at Sacred Heart Church
because roaches and parents cannot park there or senior citizens cannot park when going
on their bus trips. Where will those attending AA and Weight Watchers meetings and
special classes' park?These events are often held at our local churches.
To say that the entire town is included in this ordinance out of"fairness"and that it is
for public safety is ludicrous. It is only fair to Six Flags. People entering and exiting their
cars parked on the streets(where parking is allowed)are far more at risk than in a parking
lot or driveway.
Those who live in proximity to Six Flags and the Big E have to put up with so much
aggravation in terms of traffic,litter,trespassing etc. during the season of those
enterprises that they are entitled to some compensation in terms of some additional
income from parking cars.
I hope you and the Town Council will quickly reconsider and rescind this oppressive
ordinance and once again allow individual owners to determine who can park on their
property.
Sincerely,
Mary L, Zubf3'�
62 Pleasant Valley Rd
Feeding Hills, MA 01030
maryzubi@conicast.net
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August 28,2007
Mayor Richard Cohen
Town Hall
Agawam,MA 0 100 1
Dear Mayor Cohen,
I am writing in regard to ordinance TOR 2007-6 Article XVUI- After hearing ofit's
conditions and disbelieving that it could be as restrictive to all Town residents as
reported,I obtained a copy and now share the outrage of A who are aware of the
negative effect it will have on us—e.g. I can no longer allow a neighbor to leave a car in
my driveway to get it off the street during a snowstorm! Ridiculous?Is every property
owner expected to obtain a permit?
I am sure you are well aware of the consternation this poorly conceived and ill
considered ordinance has caused in our community, It's only purpose seems to be to
appease Six Flags to the detriment of us more lowly tax payers. Our town has become the
subject of ridicule as I have heard shouts across the Stop and Shop parking lot of"are you
parked illegally?".
Our police officers have more important duties than enforcing this ordinance which I
can't believe they support, As the"messenger"they will bear the brunt of the anger of
citizens causing divisiveness between residents and the officers we rely on and respect,
Owners of businesses, and those responsible for club and church parking lots, who as a
gesture of goodwill have allowed free parking in the past,will have to now refuse
creating an atmosphere of unfriendliness throughout the community. It will be a sad day
if Town Little League Baseball can no longer use the fields at Sacred Heart Church
because coaches and parents cannot park there or senior citizens cannot park when going
on their bus trips. Where will those attending AA and Weight Watchers meetings and
special classes' park?These events are often held at our local churches.
To say that the entire town is included in this ordinance out of"fairness" and that it is
for public safety is ludicrous. It is only fair to Six Flags. People entering and exiting their
cars parked on the streets(,where parking is allowed)are far more at risk than in a parking
lot or driveway,
Those who live in proximity to Six Flags and the Big E have to put up with so much
aggravation in terms of traffic,litter, trespassing etc. during the season of those
enterprises that they are entitled to some compensation in terms of some additional
income from parking cars,
I hope you and the Town Council will quickly reconsider and rescind this oppressive
ordinance and once again allow individual owners to determine who can park on their
property.
Sincerely,
-5777,1_1 /1. X
Mary L. Zubd-
62 Pleasant Valley Rd
Feeding Hills,MA 01030
mwyzubi@comcast.net
WAm Law 016partment
Me o
To, Donald Rheault, President Agawam City Council
From: Vincent Gioscia, Esq.
CC: Mayor Richard Cohen
Date: August27, 2007
Re: Amendment to Parking Ordinance
I write this brief memorandum as a follow-up to our phone conversation of Friday, August 24,
2007, You had inquired as to the procedure to change the current parking ordinance presently in
effect. Please be advised of the following, An emergency preamble may not be used to amend the
zoning ordinance of the Town of Agawarn. As you are aware zoning changes and amendments are
controlled by Massachusetts General Law Chapter 40A. As such the procedures set forth in M.G.L,
40A must be followed as Chapter 180§130 et, Seq. is part of the Agawam Zoning Ordinance.
TOWNOFAGAWAM
L&AYOR-S OFnCr=,TOWN HALL,36 MAIN STPEET,AGAWAM, MA 01001 (413)786-0400 ext 200
August 21, 2007
To-- Agawam Parishioners
Subject: Parking Ordnance
It has come to my attention that there is some confusion concerning the newly
adopted transient parking regulations thatWere enacted by our Agawam City
Council. Be assured that church sponsored events like, day trips to New York
City, etc when you park your car for the day and return at the end of the day is
NOT a violation of this ordnance.
My office has been in contact with many of our churches discuss with them NON-
church related parking and the procedure for special permitting that would allow
for these NON-church related events. Some churches have already obtained
applications for permitting.
The Planning Department and Building Department are available to assist your
church in processing your application for this special permit,
If you have any questions please do not hesitate to call me at (413) 786-0400
extension 200.
Sincerely,
.It,��
Mayor Richard A. Cohen
To: Mayor Richard A. Cohen
From.- John P. Stone, Mayor
Subj. No Parking Ordinance
Date. August 20, 2007
Last year I submitted the attached memo and resolutions for Council consideration regarding restriction of on-
street parking in the Six Flag and,Bi- E transient parking areas.
&�p
I understand that the resolutions were sent to the Council Ordinance Sub-Committee for review. Now that the
overall issue of transient parking has been addressed it may be time to consider the on-street parking question-
It is our understanding that the on-street parking has become a problem for residents.
To: Mayor Richard A. Cohen
From: John P. Stone, Mayor
Subj. No Parking Ordinances
Date: July 26, 2006
1 am enclosing herewith for Council consideration two resolutions to restrict on-street parking in the Six Flag
and Big E transient parking areas.
We concur with the necessity to eliminate or regulate transient, unplanned parking in these areas. Little or no
consideration is given to safe and efficient access and egress from these property owner operated parking areas.
This results in traffic delays despite the efforts of official parking lots to design traffic efficient entrances and/or
hire police control. In many locations sidewalks are not available for pedestrians leaving the transient parking
areas and if there are the pedestrians face many more conflicts with vehicles entering and exiting transient lots.
We share the concern that on-steet parking may become more of a problem with the regulation of transient lots
and have prepared the new traffic repplations to address this concern and insure that emergency vehicles have
access and that property owners are inconvenienced as little as possible.
le",
0(1 S t'rz VYL
me
To: Deborah Dachos, Planning and Community Development
From: Sgt. Donald Gallerani
Subject: Safety Issue: Sidewalks on Main St. at Six Flags
Date: June 30, 2004
CC: Chief Robert D. Campbell
Mayor Richard Cohen
On 06/28/04 Lt. Nardi informed me that he received a safety complaint from Ron Sevart of Six
Flags. Sevart's issue was that people are parking their cars in parking lots other than Six Flags'
and are walking on and crossing over Main Street. Sevart is afraid that one of these people may
be struck by a car and it will have a negative impact on Six Flags.
This is a safety issue. There should be sidewalks on Main Street in front of Six Flags. Six Flags
draws approximately 2 million people to this area of Main Street. The volume of motor vehicle
traffic is huge and pedestrian traffic on Main Street is growing because people do not want to pay
$10 or$15 to park at Six Flags. These pedestrians have no place to walk except in the street.
We also have Town residents that live at the southern end of Main Street that may want to walk
to the store or get some exercise and they must walk in the street. The fact that Six Flags does
not want pedestrian traffic on Main Street and they do not want to add a sidewalk on their side of
the street is not an adequate answer if someone is struck by a motor vehicle because they were
walking in the street.
I
New residential construction in our Town requires the builder to put in sidewalks on the street.
However, Six Flags is not required to have sidewalks with all the motor vehicle and pedestrian
traffic they generate. This does not make sense.
It would be my recommendation that sidewalks be added to the eastern side of Main Street from
the Connecticut line to River Road and on the western side from South Street to the Connecticut
line,
Agawam Police Department Page:
Call Number Printed: 06/28/2004
06/28/2004 - Monday
-1 Number Time Call Reason Action Priority Dgli
04-8353 1104 Initiated - TRAFFIC COMP DEPARTblENTAL ACTION 2
Call Taker: 951 - Dispatcher Kristine D Labelle
Location: (01 21031 SIX FLAGS OVER NEW ENGLAND #2103 - 1623 MAIN ST
initiated By: 5S - aergeant Donald Gallerani
Calling Party: SIX FLAGS NEW ENGLAND 413-786-9300
SEVART, RONALD @ 1623 MAIN ST - AGAWAM, MA 01001 413-766-9300
Pace: W Sex: M
Involved Party: T.J. SPORTHOUSE 413-786-4874
VEILLEUX, ANTHONY @ 1664 MAIN ST - AGAWAM, MA 01001 413-7B6-4874
Race: W Sex: M
Involved Party: PARK PLACE AUTO SALES 413-789-6656
EVANS, CAROLINE @ 1688 MAIN ST - AGAWAM, MA 01001 413-789-6656
Race: W Sex: F
Unit: 5B Sergeant Donald Gallerani Arvd-1104 Clrd-1106
Narrative:
LT. NARDI INFORMED ME (SGT GALLERANI) THAT HE RECEIVED A
COMPLAINT FROM RON SEVART OF SIX FLAGS THAT PEOPLE GOING TO
SIX FLAGS ARE PARKING AT TJ SPORT HOUSE AND PARK PLACE AUTb
AND ARE CROSSING MAIN ST TO ENTER INTO POST 6. SEVART IS
CONCERNED THAT SOMEONE MAY GET -STRCCK BY A CAR. ---�4 ?*0,)-
SOT GALLERANI SPOKE TO TONY VEILLEUX OF TJ SPORTHOUSE AND
CAROLINE EVANS OF PARK PLACE AUTO. GALLERANI ADVISED THEM
TO INFORM PARKERS TO WALK NORTH ON THE SIDE OF MAIN ST AND
ENTER THE PARK FROM THE PEDESTRIAN BRIDGE. BOTH PARTIES
AGREED THEY WOULD DO SO.
SGT GALLERANI WILL ALSO NOTIFY RON $EVART AT SIX FLAGS THAT
THEY SHOULD PUT UP A SIGN ON THE WEST SIDE OF MAIN ST UNDER
OR NEAR THE BRIDGE INDICATING THAT PEDESTRIANS SHOULD "ENTER
HERE".
ALSO, SGT GALLERANI WILL CONTACT DEBBIE DACHOS OF THE TOWS
PLANNING AND DEVELOPMENT AND RECOMMEND TO HER THAT SIX FLAGS
PUT A SIDEWALK ON AT .LEAST ONE SIDE OF MAIN STREET, IF NOT
BOTH SIDES.
-a Ar
MEMORANDUM
To: Mayor Richard A. Cohen; John P. Stonc,-Superintendent of Public Works;
Chief Campbell; Sgt. Gallerani; Georganne Hoyman, Town Engineer;
Thomas Locke, Solicitor
From: Deborah S. Dachos, Director Planning and Community Development
Subject- South Main Street Parking Issue
Date: August 30, 2004
The purpose of this memo is to recap my understanding of the consensus of those who
attended the meeting today regarding the South Main Street parking issue. The Town's
goals are the following:
Protect the safety of those operating vehicles and pedestrians in
this area of Town.
Identify parking options which conform with zoning and allow
those utilizing these options to safely gain access to Six Flags.
Identify parking options that do not result in traffic delays or
congestion.
The following were recommendations of those present.
All those properties which are intentionally providing transient
parking, whether by charging a fee or not, should adhere to the
Zoning Ordinance, (The Planning Office will petition for a Zoning
Amendment which will exempt transient parking which is
conducted for four weeks or less frorn the provisions of the Zoning
Ordinance dealing with transient park. Those who wish to provide
transient parking for less than four weeks may be required to
submit their request in writing and receive sorne,sort of approval or
sticker.)
Six Flags will be requested to restrict pedestrian access to the Park
'to the pedestrian bridge and not allow foot traffic to enter the
eastern parking area from Main St.. Six Flags will be asked to
present a method for addressing this request.
M,ayorRiebard A, Cohen;Thomas S, Locke, Sgt. Gallerani,Georganne Hoyman,Chief Canipbell,John Slone
Page 2
August 25,2004
The Town will explore the possibility of designing and
constructing a sidewalk on the west side of Main Street from the
Connecticut line to the pedestrian bridge, The Main Street PWED
will be explored as the-funding mechanisin for this project. Six
Flag's participation will also be requested. The Planning Office
will consult with C & C Engineering and the Massachusetts
Highway Department(MHD). Six Flags would have to construct
walks frorn the public way to connect to their pedestrian bridge.
+ The Agawam Department of Public Works will provide the
necessary inforniation to C & C Engineering and MHD to
determine what would be involved with completing sidewalk
construction from its present terminus on the east side of Main
Street north of River Road southerly to River Road. The Town
Engineer recommends continuing the walks in front of the two
homes on the south east corner of River Rd. and Main St, C & C
should have the base plan information which would help tbern
make an initial determination if walks could be placed here. Is
new signal equipment part of the intersection improvements here?
If so, can pedestrian accommodation be incorporated to facilitate
this pedestrian movement, (and future bike way)?
Please let me know if you agree with this summary of our morning meeting or if you have
any additions and/or changes.
Thank you.
Cctvt
Aga"m Low Dopartment
—-------------
Me o
To- Council President Rheauft
From: Vincent Gioscia, Esq.
CC:
Date: May 23,2007
Re: TOR-2007-06
President Rheault.,
Attached is the amended Temporary Parking Ordinance. A majority is needed to amend the
language as the ordinance is not new business.
�*' 11 P
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at
TOR-2007-6
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING
ORDINANCES BY ADDING A NEW ARTICLE XVIII, "TEMPORARY PARKING101
Whereas, the Town of Agawam is the home of Six Flags; and
Whereas, the Town of Agawam is adjacent to the Big "E" fairgrounds; and
Whereas, at various times a year parking is required for various civic and charitable and
social events; and
Whereas, it is a matter of public safety to regulate temporary parking within the Town of
Agawam-, and
Whereas, it is in the best interests of the Town of Agawam to be fair and consistent with
all temporary parking within the Town;
NOW THEREFORE, the Agawam City Council hereby resolves, ordains, enacts and
amends as follows-
The City Council hereby votes to amend Chapter 180, entitled "ZONING", by deleting the
current"transient parking" language in §I 80-44(F), and adding a new Article XVIII, "Temporary
Parking" as set forth in the attached Exhibit A.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President Date
S TO FORM AND LEGALITY
P .0
V14P1�k
flince-00`17. Gioscia, City Solicitor Date
Exhibit A
ARTICLE XVIII
Temporary Parking
§180-130. Definitions and word usage,
A. TEMPORARY PARKING—Temporary parking is defined for the purposes of
thi s section to be parking of vehicles for a finite period, not to exceed fifteen (15)
hours.
,§180-131. General.
Persons, partnerships, trusts, associations, corporations,civic and charitable organizations
shall be allowed to park passenger vehicles on their property for a fee or gratis, via
special permit granted by the Board of Appeals after a public hearing.
This section shall apply to every zone defined in Chapter 180.
The application to obtain a special permit for temporary parking shall be as outlined in
§180-11 and §180-13, "Site Plans".
The duration of a special permit for temporary parking shall be no longer than two(2)
years.
§180-132. Criteria and conditions,
The Board of Appeals shall use the following criteria in determining whether or not to
grant a special permit pursuant to this section.
A. No overnight parking should be allowed.,
B. Sufficient means of ingress and egress shall be provided from the premises,
C. Sufficient and safe pedestrian access to and from the premises and the destination
of those using the parking lot.
D. Sufficient shielded lighting to illuminate the parking area to provide for public
safety while! not spilling over on to adjacent properties.
E. Parking shall not be closer to the front property line or any line abutting a public
or private way than is allowed by the setback requirements stated in this chapter.
At no time shall vehicles utilize the public way to access or exit from parking
spaces.
F. A percentage of the parking spaces shall be designated as handicap as outlined in
this chapter and the Americans with Disabilities Act (ADA). Such parking spaces
shall comply with all markings required by the Town of Agawam, state and
federal authorities.
G. The use of flagmen to direct drivers from the street to any lot is prohibited.
H- Traffic control shall be provided as required by the 'rown of Agawarn in the form
of a police detail to be paid for the by the petitioning entity.
1. A plan for the premises shall be submitted in such form so as to comply with the
req ui rements; as outl i ned i n §180-13.
J� A report shall be provided by the Public Safety Officer of the Agawam Police
Department, Recommendations of theofficer may be used as additional criteria
by the Board of Appeals.
K. A report shall be provided by the Fire Inspector as to the condition of the
premises with regard to the parking area. Said recommendations of the inspector
may be used as additional criteria by the Board of Appeals.
L Any other requirement that the Board of Appeals deems necessary to maintain
public safety,
§180-133. Enforcement.
The Inspector of Buildings or his designee or the Police Chief or his designee shall
enforce this chapter.
§180-134. Violations and penalties.
Any violation of this Chapter may, in the discretion of the Inspector of Buildings or his
designee, or the Police Chief or his designee,be enforced by the noncriminal complaint
method for which provision is made, and/or as set forth in MGL c. 40, §21 D, as amended
from time to time, that is, noncriminal disposition. Fires issued pursuant to this section
shall be $100. per vehicle. Each day that such violation exists shall constitute a separate
offense under this section.
AGAWAM CITY COUNCIL
36 MAfN STREET
AGAWAM, MASSACHUSETTS 01001
May 22, 2007
THERE WILL BE A JOINT MEETING OF THE ORDINANCE
AND ZONING REVIEW COMMITTEES ON WEDNESDAY,
PRESIDENT MAY 30, 2007 AT 7:00 P.M. AT THE AGAWAM MIDDLE
Donald M.Rheault SCHOOL, 68 MAIN STREET, AGAWAM, MA. ITEM OF
VICE PRESIDENT AGENDA:
Robert A. Afagovern
TOR-2007-6-"TEMPORARY PARKING."
COUNCILORS
George Bitzas
Cecilia Calabrese
Ruth Carr Bitzas
Gina M.Letellier "Ctcl ooe� wo r4-�C1 nae CA LAXN
Joseph Mineo Robert Magoveim"', Chair Gina Letellier, Chair
Dennis J Perry Ordinance Committee Zoning Review Committee
Robert E. Rossi
Jill P.Simpson
Robert M. Young cc: Committee Members cc: Committee Members
COUNCIL CLERK Cecilia Calabrese George Bitzas
Ursula RetrIer Ruth Carr Bitzas Robert Rossi
Council Members
Mayor
City Solicitor
Plann. Brd, Members
3 Newspapers
Tony Albro, Dir. of Bldg. Maint.
Bulletin Board
File
::x* 70'
TELEPHONE
(413) 786-0400 Ext. 233
FAX
(413) 786-9927
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
May 15, 2007
THERE WILL BE A JOINT MEETING OF THE ORDINANCE
AND ZONING REVIEW COMMITTEES ON MONDAY, MAY
PRESIDENT aj, 2007 AT 6:45 P.M. AT THE AGAWAM MIDDLE SCHOOL,
Donald M. Rheault 68 MAIN STREET,AGAWAM, MA PRIOR TO THE
VICE PRESIDENT REGULAR COUNCIL MEETING. ITEMS OF AGENDA:
Robert A.Magovern
I TOR-2007-6-AN ORDINANCE TO AMEND THE CODE
COL NICILORS OF T14E TOWN OF AGAWAM ZONING ORDINANCES BY
George Bitzas
Cecilia Calabrese ADDING A NEW ARTICLE XV111 "TEMPORARY PARKING."
Ruth Carr Bitzas
Gina Af. Letelfier 2. PH-2007-5-(ZC-2007-5)-V& F REALTY PARTNERSHIP,
Joseph Afineo 'REAR OF 443 SPRINGFIELD ST., AGA-, MA.
Dennis J. Perry
Robert E. Rossi
Jill P.Simpson
Robert A4. Young
COUNCIL CLERK
Ursula Retzler Robert Magovern', Chairman Gina Letellier, Chairperson
Ordinance Committee Zoning Review Committee
cc: Committee Members cc: Committee Members
Cecilia Calabrese George Bitzas
Ruth Carr Bitzas Robert Rossi
Council Members Ck
Mayor
City Solicitor
Debbie Dachos, Dir. of Plann.
LA
3 newspapers
Tony Albro, Dir. of Bldg, Maint.
Bulletin Board E5 on
..
File W
M) r
TELEPHONE
(413) 786-0400 Ext 233
FAX
(413) 786-9927