TOR-2008-2 180-49 TO 180-49A HEIGHT AT AMUSEMENT PARKS �I_ i �a-N9 ro Igo-w�
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barbara bard
From: Dennis Perry [dperry@mpimetaltreating.com]
Sent: Monday, August 24, 2009 11:48 AM
To: barbara bard
Subject: Zoning Ordinace
Hi Barb,
I hope you had a good weekend! Could you do me a favor and e-mail me a copy of the zoning ordinance we passed for Six Flags
on the Height variance!
I want to see the verbiage they use in it, I'm drafting the parking ordinance and may plagiarize some of it!
Thanks,
Dennis
8/24/2009
Page 6 10(b-Cqv0i1AWAN AIA
I -coal -Noticts .-
%L1
LEGAL NOTICE The purpose of this of the proposal can be
PUBLIC HEARING hearing will be to hear obtained from the
AGAWAM CITY the petition of the Agawam Planning
el
COUNCIL Agawam City Council Office betwe n the
on a proposed zoning hours of 8:30am and
The Agawam City amendment to Section 4:30pm in the Agawam
Council will hold a pub- 180-49 and Section 180- Town Hall, 36 Main
lic hearing on Monday, 2 of the Agawam Zoning Stieet,Agawam,MA.
October 6, 2008 at 7:30 Ordinance regarding BY ORDER OF
P.M. at the Agawam height of amusement Gina M.Letellier i
Middle School, 68 Main devices in amusement City Council President I
Street, Agawam, MA. parks in the Business B Published:Sept.25
The purpose of this zone. A copy of the pro- and Oct.2,2008 1
hearing will be to hear posed Zone Change can
the petition of the be obtained from the
Agawam City Council Agawam Planning
on a proposed zoning Office or the Agawam
amendment to Section Town Clerk's Office
180-15 and Section 180- between the hours of
16 of the Agawam 8:30 A.M. and 4:30 P.M.
Zoning Ordinance in the Agawam Town
regarding enforcement Hall, 36 Main Street,
and penalties for violat- Agawam,MA.
ing the zoning ordi- BY ORDER OF:
nances of the Town of Gina M. Letellier
Agawam. A copy of the City Council President
proposal can be obtained Published: Sept.25
from the Agawam and Oct.2,2008
Planning Office between
the hours of 8:30am and LEGAL NOTICE
4:30pm in the Agawam PUBLIC HEARING
Town Hall, 36 Main AGAWAM CITY
Street,Agawam,MA. COUNCIL
BY ORDER OF;
Gina M.Letellier The Agawam City
City Council President Council will hold a pub-
Published: Sept.25 lic hearing on Monday,
and Oct.2,2008 October 6, 2008 at 7:30
P.M. at the Agawam
LEGAL NOTICE Middle School, 68 Main
PUBLIC HEARING Street, Agawam, MA.
AGAWAM CITY The purpose of this
COUNCIL hearing will be to hear
the petition of the
The Agawam City Agawam City Council
Council will hold a pub- on a proposed zoning
lic hearing on Monday, amendment to Chapter
October 6, 2008 at 7:30 180, Article XIII, of the
P.M. at the Agawam Agawam Zoning
Middle School, 68 Main Ordin-ance regarding
Street, Agawam, MA governing signs A copy
ot� -
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
September 22, 2008
Gina M. Letellier, President
C=
Cecilia Calabrese, Vice President C=
C'a
Paul Cavallo, Councilor Cn
rm
George Bitzas, Councilor
Jill Messick, Councilor
Joseph- Mineo, Councilor
>
Dennis Perry, Councilor )b.ap
Donald M. Rheault, Councilor
Cr3
Robert Rossi, Councilor
Jill Simpson, Councilor
Robert M. Young, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 0 100 1
Dear Councilors:
At its duly called meeting held on September 18, 2008, the Agawam Planning Board voted three
(3) in favor and one(1) opposed to send a negative recommendation to the Town Council
regarding TOR-08-2 an ordinance amending Section 180-49; adding Section 180-49A and
-amending Section 180-2 of the Code of the-Town of-Agawam governing the height of
amusement devices in amusement parks in the Business B zone. The Planning Board felt it did
not have adequate information to send a positive recommendation to the Council. Clarification
on the following issues would be necessary in order for the Planning Board to make a well-
informed decision:
I There was no information supporting the choice of 150' as the buffer, Concern had been
expressed by the public that noise emanating from a ride may negatively impact the
abutting properties. The Board questioned whether 150' would be adequate to buffer or
lessen the sound.
2. During the public hearing it was stated that, due to statutory requirements, the length of
time for the Board of Appeals to act on an application would prevent Six Flags from
being able to construct a new ride before opening in the Spring. The Board would have
found it helpful to see how long past applications to the Board of Appeals have taken.
Discussion of ways to expedite the existing permitting process should have been
explored,
3. The Planning Board questioned that if the amendment passed and the Planning Board
were to be the only Board to take action on new rides, do Agawam's sound regulations
provide adequate authority for the Board to control excessive noise levels? The Board
was concerned that Agawam's sound regulations are currently inadequate.
If you have any questions concerning the Planning Board's vote, please do hesitate to contact the
Planning Office at 786-0400, extension 283.
Sincerely,
06,�
Violet Baldwin, Acting Chairman
Agawam Planning Board
cc: Clerk
Mayor
Solicitor
Board of Appeals
Building
File
(lee_-TVICY,
aal�_k _�
Q3' L�AkA,4.
TOR-08-2 &.4
JQ A, I'At d T. 1116-)0
AN ORDINANCE AMENDING SECTION 180-49; ADDING
SECTION 180-49A AND AMENDING SECTION 180-2
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING HEIGHT OF AMUSEMENT DEVICES
IN AMUSEMENT PARKS IN THE BUSINESS B ZONE
WHEREAS, Six Flags operates the sole amusement park in the Town of
Agawam-,
WHEREAS, Six Flags has numerous amusement devices in its
amusement park which exceed forty-five (45) feet in height;
WHEREAS, Six Flags is desirous of shortening the permitting process
relative to the construction of new amusement devices which exceed forty-five
(45) feet in height-,
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinances relative to allowed height of amusement devices in
amusement parks; and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following changes be made to Chapter 180 of the Code of the
Town of Agawam:
1. §180-49 entitled "Height regulations" is herebV amended to
read as follows:
'11180-49. Height regulations. A business building or structure shall not be
erected or altered to a height in excess of three stories or more than forty five
(45) feet except as expressly provided herein and in §1 80-49A. These provisions
shall not apply to chimneys, flag or radio poles, water tanks, hose towers or
required bulkheads or elevator penthouses, A residence building shall comply
with the height provisions for Residence B Districts. Heights of other buildings or
structures permitted in §180-48A shall not exceed the heights permitted in
Residence B Districts. Notwithstanding the foregoing, §180-49A shall govern the
height of amusement devices which constitute part of an amusement park."
-Z C3 �tN 01
-41
2. The followinq 4180-49A entitled "Height re-gulations —
Amusement Parks" is herebV added:
"§180-49A. Height regulations — Arnusernen-t Parks.
& An amusement device which constitutes part of an amusement park and
which is situated more than two hundred fifty (250) feet from the street line and
any side lot line shall not be erected or altered to a height in excess of two
hundred (200) feet, except as expressly provided herein. An amusement device
which constitutes part of an amusement park and which is situated within two
hundred fifty (250) feet from the street line or any side lot line shall not be erected
or altered to a height in excess of forty five (45) feet, except as expressly
provided herein. Notwithstanding the foregoing, an amusement device which
constitutes part of an amusement park may exceed the height limitations
contained herein only after issuance of a special permit by the .Board of Appeals.
B. Notwithstanding the foregoing, any applicant seeking to erect or alter an
amusement device to a height in excess of forty five (45) feet shall be required to
send notice by certified mail, postage prepaid, to the abutters and owners of land
within three hundred (300) feet of the property lines as they appear on the most
recent applicable tax list, including those in another city or town. Such notice
shall inform such abutters and owners of land of the date, time and location of
the Planning Board's public meeting as required under §180-13 C (4) hereof for
the applicant's site plan for the proposed amusement device. Such notice shall
be sent at least ten (10) days prior to the Planning Board's public meeting and
such notice shall be prepared and mailed by the applicant."
3. The following definition for "AMUSEMENT DEVICE" is added
to §180-2 B is hereby added:
"AMUSEMENT DEVICE. A fixed or portable mechanical device similar to, but
not limited to ferris wheels, carousals, rock walls, euro-bungee or similar devices,
inclined railways or similar devices, including inflatables, challenge courses, and
artificial climbing structures, as well as amusement devices as defined by the
American Society for Testing and Materials International."
4. The definition for "AMUSEMENT PARK" as contained in §180-2
B is hereby �_Mendedl to read:
"AMUSEMENT PARK — A commercially operated park with a predominance of
amusement devices and outdoor entertainment activities, such outdoor
entertainment activities shall include shows or games of skill or chance, water
slides, miniature golf, batting cages, revolving wheels, merry-go-rounds, giant
swings, panoramas, musical and theatrical entertainment, whether carried on,
engaged in or conducted as one enterprise or by several concessionaires, and
whether an admission fee is charged for admission to all such amusement
devices and outdoor entertainment activities, or a separate fee for admission is
charged for each amusement device and outdoor entertainment activity."
PER ORDER OF THE AGAWAM CITY COUNCIL
President
AcAv-3 fe%ri'A�
APPROVED AS TO FORM AND LEGALITY
11
on-
Christopher C. J V son, City Solicitor
MAYORAL ACTION
Received this (91—L day of -�I r, )V nugj') -k.
2008 from Town Counc'l Clei
Signed by COLIIICII President this dayof :AC)L)SqjgI, 200S.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Acyawarn Charter, as
amended, I hereby approve the passage of the above legislation on this da of
0 y
)Q Y"A 2008.
SLIsan R. Dawson, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me purSUant to A-rticle 3, Sectlon'3-6 of the Agawain Charter, as
amended, [ hereby veto the passage of the above legislation on this day of
2008 for the following reason(s):
Susan R. Dawson, Mayor
RETLJRN OF LEGISLATION TO COUNCIL CLERK
Returned to COLinell Clerk this day ofnooen-w , 2008.
Agawam Law Department
Memo
To: Agawam Town Council
From: Christopher C. Johnson, Esq.
CC: Susan R. Dawson, Mayor
Date: October 2, 2008
Re: TOR-08-2 Height Ordinance
The following change was made to TOR-08-2 pursuant to the discussion at the
October 1, 2008 joint meeting of the Ordinance and Zoning Committees:
I revised the definition of"amusement park" as contained in §180-2 B to insure that Six
Flags New England would be the only property in Agawam that would currently meet the
definition. The revised definition requires both amusement devices and outdoor
entertainment activities. To my knowledge, Six Flags is the only property in Agawam which
currently has amusement devices as defined by the state and the new definition proposed for
our zoning code.
Please do not hesitate to contact me with questions.
Very truly0jr
(:�C
TOR-08-2
AN ORDINANCE AMENDING SECTION 180-49; ADDING
SECTION 180-49A AND AMENDING SECTION 180-2
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING HEIGHT OF AMUSEMENT DEVICES
IN AMUSEMENT PARKS IN THE BUSINESS B ZONE
WHEREAS, Six Flags operates the sole amusement park in the Town of
Agawam;
WHEREAS, Six Flags has numerous amusement devices in its
amusement park which exceed forty-five (45) feet in height;
WHEREAS, Six Flags is desirous of shortening the permitting process
relative to the construction- of new amusement devices which exceed forty-five
(45) feet in height;
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinances relative to allowed height of amusement devices in
amusement parks', and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following changes be made to Chapter 180 of the Code of the
TownofAgawam-.
1. 4180-49 entitled "Heiciht regulations" is hereby amended to
read as follows:
1180-49. Height regulations. A business building or structure shall not be
erected or altered to a height in excess of three stories or more than forty five
(45) feet except as expressly provided herein and in §1 80-49A. These provisions
shall not apply to chimneys, flag or radio poles, water tanks, hose towers or
required bulkheads or elevator penthouses. A residence building shall comply
with the height provisions for Residence B Districts. Heights of other buildings or
structures permitted in §180-48A shall not exceed the heights permitted in
Residence B Districts. Notwithstanding the foregoing, §1 80-49A shall govern the
height of amusement devices which constitute part of an amusement park."
2. The following 4180-49A entitled "Height regulations —
Amusement Parks" is hereby added:
1180-49A. Height regulations — Amusement Parks.
A. An amusement device which constitutes part of an amusement park and
which is situated more than one hundred fifty (150) feet from the street line and
any side lot line shall not be erected or altered to a height in excess of two
hundred (200) feet, except as expressly provided herein. An amusement device
which constitutes part of an amusement park and which is situated within one
hundred fifty (150) feet from the street line or any side lot line shall not be erected
or altered to a height in excess of forty five (45) feet, except as expressly
provided herein. Notwithstanding the foregoing, an amusement device which
constitutes part of an amusement park may exceed the height limitations
contained herein only after issuance of a special permit by the Board of Appeals.
B. Notwithstanding the foregoing, any applicant seeking to erect or alter an
amusement device to a height in excess of forty five (45) feet shall be required to
send notice by certified mail, postage prepaid, to the abutters and owners of land
within three hundred (300) feet of the property lines as they appear on the most
recent applicable tax list, including those in another city or town. Such notice
shall inform such abutters and owners of land of the date, time and location of
the Planning Board's public meeting as required under §180-13 C (4) hereof for
the applicant's site plan for the proposed amusement device. Such notice shall
be sent at least ten (10) days prior to the Planning Board's public meeting and
such notice shall be prepared and mailed by the applicant."
3. The followinq definition for "AMUSEMENT DEVICE" is added
to q180-2 B is hereby added:
"AMUSEMENT DEVICE. A fixed or portable mechanical device similar to, but
not limited to ferris wheels, carousals, rock walls, euro-bungee or similar devices,
inclined railways or similar devices, including inflatables, challenge courses, and
artificial climbing structures, as well as amusement devices as defined by the
American Society for Testing and Materials International."
4. The definition for "AMUSEMENT PARK" as contained in §180-2
B is hereby amended to read:
"AMUSEMENT PARK — A commercially operated park with a predominance of
amusement devices and outdoor entertainment activities, such outdoor
entertainment activities shall include shows or games of skill or chance, water
slides, miniature golf, batting cages, revolving wheels, merry-go-rounds, giant
swings, panoramas, musical and theatrical entertainment, whether carried on,
engaged in or conducted as one enterprise or by several concessionaires, and
whether an admission fee is charged for admission to all such amusement
devices and outdoor entertainment activities, or a separate fee for admission is
charged for each amusement device and outdoor entertainment activity."
PER ORDER OF THE AGAWAM CITY COUNCIL
Gina M. Letellier, President
APPROVED AS TO FORM AND LEGALITY
oeo*2'�s
Christopher C. J oy son, City Solicitor
SAO-
Ix
P.O.Box 307
NewE gland
1623 Main Street
Agawarn,MA 01001-0307
413-786-9300
Fax:413-789-2953 To:Agawam City Councilors
CC: Chris Johnson
Date: October 2, 2009
All—
After sitting in on numerous council subcommittees, planning board hearings, and other
public hearings, it seems to me that the proposed 150 foot setback from Main Street is
the main source of concern to one of our abutters and some members of the council
and planning board as it pertains to the zoning change that would allow Six Flags to
build amusement structures up to 200 feet before requiring a special permit from the
ZBA.
In the spirit of compromise I would like to offer the suggestion that the setback be
moved to 250 feet for the North, South, and West borders of the property. This would
offer a uniformity to the setback, still allow Six Flags to expedite the building process on
many of our projects, and hopefully satisfy the concerns that I have heard at the afore
mentioned meetings.
I thank you in advance for your consideration of both the height variance change and
my suggested modification to the Main street setback. I look forward to seeing you all
on Monday. Respectfully submitted,
C
Larry CMD
rri
LAJ
Larry Litto
r.n
Park President
Six Flags New England
AGAWAM CITY COUNCIL
36'MAIN STREET .
AGAWAM, MASSACHUSETTS 01001
ED
LEGAL NOTICE LEGAL NOTICE
PUBLIC HEARING
AGAWAM CITY COUNCIL
PRESIDENT
Gina M. Letellier
The Agawam City Council will hold a public hearing on Monday,
VICE PRESMENT October 6, 2008 at 7:30 P.M. at the Agawam Middle School, 68 Main
Cecilia Calabrese Street, Agawam, MA. The purpose of this hearing will be to hear the
petition of the Agawam City Council on a proposed zoning
COUNCILORS amendment to Section 180-49 and Section 180-2 of the Agawam
George Bilzas Zoning Ordinance regarding height of amusement devices in
Paul C Cavallo amusement parks in the Business B zone. A copy of the proposal can
Jill S. Messick be obtained from the Agawam Planning Office between the hours of
Joseph Mineo 8:30am and 4.30pm in the Agawam Town Hall, 36 Main Street,
Dennis J. Perry
Donald M. Rheault Agawam, MA.
Robert E. Rossi
Jill P. Simpson BY ORDER OF:
Robert M. Young
COUNCIL CLERK Gina M. Letellier
Barbara A. Bard City Council President
TO BE ADVERTISED ON 9/25/08 AND 10/2/08
r(--
Co
TELEPHONE
(413) 786-0400 Ext. 233
FAX
(413) 786-9927
Agawam Law Department
Memo
To: Barbara Bard, Administrative Assistant to the City Council
From: Christopher C. Johnson, Esq.
CC:
Date: August 20, 2008
Re: "Petitioner" Status on TOR-08-02; TOR-08-03 and TOR-08-04
Barbara,
At this point, the City Council technically already is the"petitioner' on the above
referenced agenda items. No additional language is required. Since the planning
board does not want to hold a joint public hearing, the Council can simply change the
date of its public hearing. Since the Council is the "petitioner', it can agree to extend
any statutory time requirements for holding the public hearing (which according to
M.G.L. c. 40A § 5 must be held within 65 days of the Council's receipt of the
proposed zoning amendment).
Please call with any questions.
Very truly yours,
Christophe C. Johnson
160 -Z d 0 Z SAV 800�
I aW`►t' II1 mar
INTEROFFICE MEMORANDUM
TO: CHRISTOPHER JOHNSON, CITY SOLICITOR
FROM: BARBARA BARD, ADMIN ASST TO THE CITY COUNCIL
SUBJECT: PETITIONER REQUEST
DATE: 8/13/2008
At the August 4"' City Council meefing, it was voted to have a joint Public
Heating with the Planning Board for TOR-2008-2, TOR-2008-3 and TOR-
2008-4 regarding Ordinance amendments. The Planning Board has informed
the City Council that they do not wish to hold a joint public hearing with the
th
Council. The tentative date for their public hearing is September 18
Council President has asked that you provide this office with the proper
language to request that the City Council become the petitioner for these items
so it can be voted on and then a new public hearing date set.
Thank you for your assistance in this matter,
Page I of I
Barbara Bard
From: ginalet@verizon.net
Sent: Tuesday, August 12, 2008 3:42 PIVI
To: Barbara Bard
Subject: RE:
Hello
Pam and Debbie are correct, it was Chris Johnson that said do it jointly and apparently he did not
check with them first. Let him know they did not want to do it jointly and ask him for the language
for us to vote to be the petitioner. Also, please draft a memo for me to look at to let the council
know that the P8 does not want to hold joint PH and thus the change in dates. I will be there
Thursday after court but I will be able to look at the memo on Wednesday. Thanks
On Tue, Aug 12, 2008 at 10:57 AM, Barbara Bard wrote:
> Hi Gina. I got a call today from Pam in Planning. After speaking with Debbie, she told me (1)
that the Planning Board was NOT interested in having a joint public hearing with the City Council
and (2) that the Council has to vote to become the petitioner.
They are planning on having their Public Hearing on 9/18 and suggest that we have our's on 10/6.
She also said that we have to put it on the agenda to vote to become the petitioner which would be
New Business on 9/2 and Old Business on 9/17 for a vote.
She said if you have any questions, you can call Debbie.
SO what do you want me to do? How do you want me to handle this? Please let me know. Also,
Thursday I can stop by your office with your packet and get your signature.
Have a great day!
Barbara
Barbara A. Bard
Administrative Assistant to the City Council
36 Main Street
Agawam, MA. 01001
413.786.0400 x 233
8/13/2008
Agawam Law Department
Memo
To: Agawam Town Council
From: Christopher C. Johnson, Esq,
CC: Susan R. Dawson, Mayor
Date., July 31, 2008
Re: TOR-08-2 Height Ordinance
The following are the changes I made to TOR-08-2 pursuant to the discussion at the
July 29, 2008 joint meeting of the Ordinance and Zoning Committees:
1. revised the language of§180-49 to indicate that §1 80-49A only applies to the height of
1,amusement devices" and not to other"business buildings or structures" in amusement
parks; ,
2. revised the language of §180-49A to *,ndicate that "amusement devices" may be
erected to a height of 200 feet as a matter of right, provided they are situated more
than 150 feet from the street line and any side lot line;
3. added language in §180-49A that requires the applicant, when seeking to erect an
amusement device over 45 feet, to send notice by cerfified mail, postage prepaid, to
the abutters and owners of land within three hundred (300) feet of the property lines as
they appear on the most recent applicable tax list, including those in another city or
town. Such notice shall inform such abutters and owners of land of the date, time and
location of the Planning Board's public meeting as required under§180-13 C (4) hereof
for the applicant's site plan for the p,-oposed amusement device. Such notice shall be
sent at least ten (10) days prior to the Planning Board's public meeting and such notice
shall be prepared and mailed by the applicant;
4. added a definition for"amusement device" to §180-2 B—the definition comes from the
Code of Massachusetts Regulations I itle 520 Department of Public Safety, Chapter
5.00: Amusement Devices; and
5. revised definition of "amusement park" as contained in §180-2 B changing "riding"
device to "amusement" device to create internal consistency in the code.
Please do not hesitate to contact me with questions.
Vierytruly yours,
V
Christvh�
Q 7 :6 IWO&
QZ :b
1,D 1-A-4 0
TOR-08-2
AN ORDINANCE AMENDING SECTION 180-49; ADDING
SECTION 180-49A AND AMENDING SECTION 180-2
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING.HEIGHT OF AMUSEMENT DEVICES
IN AMUSEMENT PARKS IN THE BUSINESS B ZONE
WHEREAS, Six Flags operates the sole amusement park in the Town of
Agawam;
WHEREAS, Six Flags has numerous amusement devices in its
amusement park which exceed forty-five (45) feet in height,
WHEREAS, Six Flags is desirous of shortening the permitting process
relative to the construction of new amusement devices which exceed forty-five
(45) feet in height;
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinances� relative to allowed height of amusement devices in
amusement parks; and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following changes be made to Chapter 180 of the Code of the
Town of Agawam:
1. 080-49 entitled "Height regulations" is hereby amended to
read as follows:
"§180-49. Height regulations. A business building or structure shall not be
erected or altered to a height in excess of three stories or more than forty five
(45) feet except as expressly provided heTein and in §180-49A. These provisions
shall not apply to chimneys, flag or radio poles, water tanks, hose towers or '
required bulkheads or elevator penthouses. A residence building shall comply
with the height provisions for Residence B Districts. Heights of other buildings or
structures permitted in §180-48A shall not exceed the heights permitted in
Residence B Districts. Notwithstanding the foregoing, §180-49A shall govern the
height of amusement devices which constitute part of an amusement park."
2. The following �180-49A entitled "Heic regulations
_I ht
Amusement Parks" is hereby added:
"§180-49A. Height regulations — Amusement Parks.
A. An amusement device which constitutes part of an amusement park and
which is situated more than one hundred fifty (150) feet from the street line and
any side lot line shall not be erected or altered to a height in excess of two
hundred (200) feet, except as expressly provided herein. An amusement device
which constitutes part of an amusement park and which is situated within one
hundred fifty (150) feet from the street line or any side lot line shall not be erected
or altered to a height in excess of forty five (45) feet, except as expressly
provided herein, Notwithstanding the foregoing, an amusement device which
constitutes part of an amusement park may exceed the height limitations
contained herein only after issuance of a special permit by the Board of Appeals.
B. Notwithstanding the foregoing, any applicant seeking to erect or alter an
amusement device to a height in excess of forty five (45) feet shall be required to
send notice by certified mail, postage prepaid, to the abutters and owners of land
within three hundred (300) feet of the property lines as they appear on the most
recent applicable tax list, including those in another city or town. Such notice
shall inform such abutters and owners of land of the date, time and location of
the Planning Board's public meeting as required under §180-13 C (4) hereof for
the applicant's site plan for the proposed amusement device. Such notice shall
be sent at least ten (10) days prior to the Planning Board's public meeting and
such notice shall be prepared and mailed by the applicant."
3. The following definition for "AMUSEMENT DEVICE" is added
to �1 80-2 B is hereby added:
"AMUSEMENT DEVICE. A fixed or por�able mechanical device similar to, but
not limited to ferris wheels, carousals, rock walls, euro-bungee or similar devices,
inclined railways or similar devices, including inflatables, challenge courses, and
artificial climbing structures, as well as amusement devices as defined by the
American Society for Testing and Materials International."
4. The definition for "AMUSEMENT PARK" as contained in M80-2
B is hereby amended to read:
"AMUSEMENT PARK — A commercially operated park with a predominance of
outdoor games and activities for entertainment, including shows or amusement.
devices, games of skill or chance, or any combination of shows, amusement
devices, water slides, miniature golf, batting cages or any combination of several
enterprises, such as revolving wheels, merry-go-rounds, giant swings,
panoramas, musical and theatrical entertainments, or amusement devices,
whether carried on, engaged in or conducted as one enterprise or by several
concessionaires, and whether an admission fee is charged for admission to all
such shows for entertainments, or a separate fee for admission is charged for
each amusement."
PER ORDER OF THE AGAWAM CITY COUNCIL
Gina M, Letellier, President
APPROVED AS TO FORM AND LEGALITY
Christopher C. J V son, City Solicitor