TOR-2008-6 HEIGHT OF FENCES ON CORNER LOTS TVA-0
TOR-08- 06 Qa�-,-tt Tx, U� /6�
AN ORDINANCE AMENDING SECTION 180-8 B
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING THE HEIGHT OF FENCES WITHIN THE
SETBACK AREA OF CORNER LOTS
(Sponsored by Councilor Jill Simpson)
WHEREAS, , Section 180-8 B of the Code of the Town of Agawam
currently provides that: "Fence heights shall not exceed four feet on the setback
portion of any lot perimeter and shall not exceed 6 1/2 feet in height on the
remainder of the lot perimeter. On a lot which is adjacent to a higher zone
classification, the fence heights shall conform to the higher classification."
WHEREAS, there have been numerous instances in the Town of Agawam
where owners of corner lots have requested fence heights in excess of four feet
in the setback portion of their lot perimeter for privacy and public safety reasons;
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinance relative to allowed height of fences in the setback portion
of the lot perimeter on corner lots to allow fences to exceed four feet in height by
special permit only, and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following change be made to Chapter 180 of the Code of the
Town of Agawam-
1. §180-8 B entitled "SupplementgEy regulations" is hereby
amended by adding the following to the end of that section:
"Notwithstanding the foregoing, fences may be erected by special permit to a
height in excess of four feet, but not to exceed six and one-half feet, on the
setback portion of any corner lot perimeter only,"
PER ORDER OF THE AGAWAM CITY COUNCIL
<k CC.,�
11
�u C
xcc�-
G,Ka—M. Letellier, Pr6Vdent'
APPROVED AS TO FORM AND LEGALITY
............
8 :b V b Z Nnr cool'
...........
L"-Z
Christopher C. J son, City Solicitor VW
MAYORAL-A&ION
Received this day of 2009 from Town Council Clerk.
Signed by Council President this day of 2009,
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
(Iended, I hereby approve the passage of the above legislation on this day of
IA KA , 2009,
It/2�n
Susan R. Dawson, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agavvarn Char-ter, as
amended, I hereby veto the passage of the above legislation on this day of
2009 for the following reason(s):
Susan R. Dawson, Mayor
RETURN OF LEGISLATION TO CQUNCIL CLERK
Returned to Council Clerk this QD*�—day of 2009.
Town of Ag' awam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
May 22,'2009
Gina Letellier, President
Cecilia Cala6rese,' Vice President
George Bitzas, Councilor
Paul C. Cavallo, Councilor
Jill Messick, Councilor
Joseph Mineo, Councilor
Dennis J. Perry, Councilor
Donald M. Rheault, Councilor
Robert E. Rossi, Councilor..
Jill P. Simpson, Councilor
Robert M. Young, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on May 21,,2009, the Agawam Planning Board-voted 5-0 to send
a positive recommendation to the Town Council with regard to the Zoning Amendment
governing the, height of fences. within the set6ack area of comer lots.
If you have any questions, please contact this office at 786-0400, extension 283.
Sincerely,
lb
Travis Ward, Chairman
AGAWAM PLANNING BOARD
cc: Town Clerk, Town Solicitor, File
L Z W
�jv N\V�n V
INTEROFFICE MEMORANDUM
TO: PLANNING DEPARTMENT
FROM: BARBARA BARD, COUNCIL ADMINISTRATIVE ASST.
SUBJECT: TR-2008-6 (FENCE HEIGHTS ON CORNER LOT SETBACKS)
DATE: 5/19/2009
During their Monday, May 18, 2009 Regular Council meeting, the City
Council voted to be the Petitioner regarding the above-mentioned
Resolution.
If you have any questions, please feel free to contact this office.
AGAWAM CITY COUNCIL
goo
36 MAIN STREET
AGAWAM, MASSACHUS.ETTS '01001
LEGAL NOTICE LEGAL NOTICE
PUBLIC HEARING
AGAWAM CITY COUNCIL
PRESIDENT
Gina M.Letellier
VICE PRESIDENT The Agawam City Council will hold a public hearing on Monday, June
Cecilia P. Calabrese 1, 2009 at 7:30 P.M. at the Agawam Middle School, 68 Main Street,
Agawam, MA. The purpose of this hearing will be to'hear the Petition
COUNCrLORS of the Agawam City Council on a proposed zoning amendment to
George Bitzas Section 180-8B of the Agawam Zoning Ordinance regarding fence
Paul C Cavallo heights. A copy of the proposal can be obtained from the Agawam
Jill S. Messick
Joseph Mineo Planning Office between the hours of 8:30 A.M. and 4:30 P.M. in the
DennisJ.Peny Agawam Town Hall, 36 Main Street, Agawam, MA.
Donald M.Rheault
Robert E. Rossi
Jill P. Simpson BY ORDER OF:
Robert M. Young
ADMINISTRATIVE Gina M. Letellier
ASSISTANT City Council President
BarbaraA Bard
TO BE ADVERTISED ON 5/14/09 AND 5/21/09
C:)
TELEPHONE
(413) 786-04OOExt. 233
FAX
(413) 786-9927
A,�
TOR,08- OL4
IV _4,kXA_e
AN ORDINANCE AMENDING SECTION 180-8 B
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING THE HEIGHT OF FENCES WITHIN THE
SETBACK AREA OF CORNER LOTS
(Sponsored by Councilor Jill Simpson)
WHEREAS, Section 180-8 B of the Code of the Town of Agawam
currently provides that: "Fence heights shall not exceed four feet on the setback
portion of any lot perimeter and shall not exceed 6 1/2 feet in height on the
remainder of the lot perimeter. On a lot which is adjacent to a higher zone
classification, the fence heights shall conform to the higher classification."
WHEREAS, there have been numerous instances in the Town of Agawam
where owners of corner lots have requested fence heights in excess of four feg
in the setback portion of their lot perimeter for privacy and public safety reasons"�
WHEREAS, it is in the best interests of the Town of Agawam to modify fii�")
existing town ordinance relative to allowed height of fences in the setback portia)
of the lot perimeter on corner lots to allow fences to exceed four feet in height b
special permit only; and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN-
COUNCIL that the following change be made to Chapter 180 of the Code of the
Town of Agawam:
1 §180-8 B entitled "Supplementary regulations" is hereby
amended by adding the following to the end of that section:
"Notwithstanding the foregoing, fences may be erected by special permit to a
height in excess of four feet, but not to exceed six and one-half feet, on the
setback portion of any corner lot perimeter only."
PER ORDER OF THE AGAWAM CITYCIOUNCIL
0AkCt ',C4_M, a
CC —a-boo- CLC)�,
Letel6e(Wresicient
APPROVED AS TO FORM AND LEGALrF*Y
&Lh�_ tyz
Christopher C. �i son, City Solicitor
MAYORAL ACTION
Received this lot day o f0r�I I a ut= , 2009 from Town Council Clerk.
Signed by Council President this -,JD — day of Al 1 0 11 2009.
V
APRROVAL OF LEGISLA.TION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam&harter, as
nded, I hereby approve the passage of the above legislation on this day of
2009.
05,
Susan R. Dawson, Mayor
DISAPPROVAL OF-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
2009 for the following reason(s):
Susan R. Dawson, Mayor
RETURN OF LEUISLATION TO-COUNC
J
Returned to Council Clerk this day o ) 2009.
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MAS SACHUS.ETTS 'O 100 1
ED
LEGAL NOTICE LEGAL NOTICE
PUBLIC HEARING
AGAWAM CITY COUNCIL
PRESIDENT
Gina M Letellier
VICE PRESIDENT The Agawam City Council will hold a public hearing on Monday, June
Cecilia P. Calabrese 1, 2009 at 7:30 P.M. at the Agawam Middle School, 6'8 Main Street,
Agawam, MA. The purpose of this hearing will be to hear the Petition
COUNCILORS of the Agawam City Council on a proposed zoning amendment to
George Bitzas Section 180-8B of the Agawam Zoning Ordinance regarding fence
Paul C. Cavallo heights. A copy of the proposal can be obtained from the Agawam
Jill S, Messick
Joseph Mineo Planning Office between the hours of 8:30 A.M. and 4:30 P.M. in the
Dennis J Perry Agawam Town Hall, 36 Main Street, Agawam, MA.
Donald M. Rheault
Robert E. Rossi
Jill P. Simpson BY ORDER OF:
Robert M Young
ADMINISTRATIVE Gina M. Letellier
ASSISTANT City Council President
Barbara A. Bard
TO BE ADVERTISED ON 5/14/09 AND 5/21/09
L
>
x
Ln (7
<--)
TELEPHONE
(413) 786-0400 Ext, 233
FAX
(413) 786-9927
T 8- t4
DINAN E AMENDING SECTION 180-8 B
CO
�117 THE DE OF THE TOWN OF AGAWAM
GOVERNING THE HEIGHT OF FENCES WITHIN THE
SETBACK AREA OF CORNER LOTS
(Sponsored by Councilor Jill Simpson)
WHEREAS, Section 180-8 B of the Code - of the Town of Agawam
currently provides that: "Fence heights shall not exceed four feet on the setback
portion of any lot perimeter and shall not exceed 6 1/2 feet in height on the
remainder of the lot perimeter. On a lot which is adjacent to a higher zone
classification, the fence heights shall,conform to the higher classification."
WHEREAS, there have been numerous instances in the Town of Agawam
where owners of corner lots have recluested fence heights in excess of four feet
in the setback portion of their lot perimeter for privacy and public safety reasons,
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinance relative to all6wed height of fences in the setback portion
of the lot perimeter on corner lots to allow fences to exceed four feet in height by
and
special permit only,
NOW THEREFORE, -BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following change be made to Chapter 180 of the Code of the
TownofAgawam-.
1. 4180-8 B entitled "Supplementanfre-gulations" is hemby
C=
amended by addinq the followinq to the end of that section:
"Notwithstanding the foregoing, fences may be erected by special permit �6
height in excess of four feet, but not to exceed six and one-half feet, orol-he
setback portion of any corner lot perimeter only."
PER ORDER OF THE AGAWAM CITY COUNCIL
-Di/,ty�&Ji
ct, _--ra .
cc —a-boo. CLZ)�k-
lLe�
Letellie&Pre-sident
APPROVED AS TO FORM AND LEGALIT'Y
Ouh
Christopher C. �i son, City Solicitor
MAYORAL-ACIIQ
Received this day o I A I 1 .1 1 2009 from Town Council Clerk.
Signed by Council President this. r-�)Q IUL day of C�rl A LI Q--h 2009
APPROVAL OF LEGISLA110
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agaw4m_Qharter, as
en ed, I hereby approve the passage of the above legislation on this day of
—92009.
A
Susan R. Dawson, Mayor
D-US OF LEGISLATIO
By the powers'Vested in me pursuant to Article 3, Section 3-6 of the Ag' awarn Charter, as
amended, I hereby veto-the passage of the above legislation on this' day of
2009 for the following reason(s):
Susan R. Dawson, Mayor
REILM OFIRGISLATIL)N TO COUNCIL CLERK
Returned to Council Clerk this A)P— day o 2009.
To -,�_00
TOR-08- 06
AN ORDINANCE AMENDING SECTION 180-8 B
OF THE CODE OF THE TOWN OF AGAWAM
6OVERNING THE HEIGHT OF FENCES WITHIN THE
SETBACK AREA OF CORNER LOTS
(Sponsored by Councilor Jill Simpson)
WHEREAS, Section 180-8 -B of the Code of the Town of Agawam
currently provides that-. "Fence heights shall not exceed four feet on the setback
portion of any lot perimeter and shall not exceed 6 1/2 feet in height on the
remainder of the lot perimeter. On a lot which is adjacent to a higher zone
classification, the fence heights shall conform to the higher classification."
� WHEREAS, there have been numerous instances in the Town of Agawam
where owners of corner lots have requested fence heights in excess of four feet
in the setback portion of their lot perimeter for privacy and public safety reasons;
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinance relative to allowed height of fences in the setback portion
of the lot perimeter on corner lots to allow fences to exceed four feet in height by
special permit only; and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following change be made to Chapter 180 of the Code of the
Town of Agawam-.
1. 4180-8 B entitled "Suoplementary regulations" is hereby
amended by adding the following to the end of that section:
"Notwithstanding the foregoing, fences may be erected by special permit to a
height in excess of four feet, but not to exceed six and one-half feet, on the
setback portion of any corner lot perimeter only."
PER ORDER OF THE AGAWAM CITY COUNCIL
Gina M. Letellier, President
APPROVED AS TO FORM AND LEGALITY
Christopher C. J I son, City Solicitor
\71.I- t
L IN T 8
1�,�-&DINANCE AMENDING SECTION 180-8 B
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING THE HEIGHT OF FENCES WITHIN THE
SETBACK AREA OF CORNER LOTS
(Sponsored by Councilor Jill Simpson)
WHEREAS, Section 180-8 B of the Code - of the Town of Agawam
currently provides that: "Fence heights shall not exceed four feet on the setback
portion of any lot perimeter and shall not exceed 6 1/2 feet in height on the
remainder of the lot perimeter. On a lot which is adjacent to a higher zone
classification, the fence heights shall conform to the higher classification."
WHEREAS, there have been numerous instances in the Town of Agawam
where owners of corner lots have requested fence heights in excess of four feet
in the setback portion of their lot perimeter for privacy and public safety reasons;.
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinance relative to allowed height of fences in the setback portion
o,f the lot perimeter on corner lots to allow fences to exceed four feet in height by
special permit only; and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following change be made to Chapter 180 of the Code of the
Town ofAgawam:
1. r
.4180-8 B entitled "Supplementary renulations" is heMby
amended by adding the following to the end of that section:
NJ
"Notwithstanding the foregoing, fences may be erected -by special permit " 'a
height in excess of four feet, but not to exceed six and 'one-half feet, 6n>he
setback portion of any corner lot perimeter only."
PER ORDER OF THE AGAWAM CITYCOUNCIL
cc —CL—ex)n
Lete!�ie(,(Yresicjent
APPROVED AS TO FORM AND LEGALIT�Y
0Lh
Christopher C. son, City Solicitor
MAYORALACDON
Received this day o 2009 from Town Council Clerk.
Signed by Council President this, , r-Wlk dan yv of At i lei -j 2009.
APPROVAL OF LEGISLATIO
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawaml�harter, as
ded, I hereby approve the passage of the above legislation on this day of
'A
U ah" ) 2009.
Susan R. Dawson, Mayor.
IDISAPPROYAL OF LEGISLATI-0
By the powersvested 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
2009 for the following reason(s):
Susan R. Dawson, Mayor
REJURN OF LEGISLATION TO COUNCIL CLE
Returned to Council Clerk this day o 2009.
Page 6 ACIAWAN ADVERTISER NEWS
ni('i I Noficcs__
%-.,I
LEGAL NOTICE property is currently LEGAL NOTICE on Mark Drive,
TOWN OF AGAWAM zoned Agricultural and PUBLIC HEARING Agawam. The property
PLANNING BOARD ' Residence A2 and AGAWAM CITY is currently zoned
Business A. The request COUNCIL Agricultural and
The Agawam Planning is to rezone it Residence Residence A2 and
Board will hold a public B. Copies of the pro- The Agawam City Business A. 'ine requt;!&
hearing on Thursday, posed zone change can Council will hold a pub- is to rezone it Residence
May 21, 2009 at 7:15 be obtained from the lic hearing on Monday, B, Copies of the pro-
PM at the Agawam Agawam Planning June 1, 2009 at 7:30 posed Zone Change can
Public Library, 750 Office or the Agawam P.M. at the Agawam be obtained from the
Cooper Street, Agawam, Town Clerk's Office Middle School, 68 Main Agawam Planning
MA. The purpose of this between the hours of Street, Agawam, MA. Office or the Agawam
hearing will be to hear 8:30 AM and 4:30 PM in The purpose of this hear- Town Clerk's Office
the petition of the Agawam Town Hall, ing will be to hear the between the hours of
Aspenwood Associates 36 Main Street, Petition of Aspenwood 8:30 A.M. and 4:30 P.M.
LLC for a proposed zone Agawam, MA. Associates LLC for a in the Agawam Town
change on property on BY ORDER OF: proposed zone change on Hall, 36 Main Street,
the easterly side of Travis Ward, property on the easterly Agawam,MA.
Silver Street, The prop- Chairman side of Silver Street, BY ORDER OF-
erty is currently zoned Agawam Planning Agawam. The property Gina M.Letellier
Residence At and Board is currently zoned City Council President
Industrial B. The request Published May 7 and Residence At and Published: May 14 and
is to rezone it entirely May 14,2009 Industrial B. The May 21,2009
Residence Al. Copies of request is to rezone it
the proposed zone entirely Residence Al.
change can be obtained LEGAL NOTICE Copies of the proposed LEGAL NOTICE
from the Agawam TOWN OF AGAWAM Zone'Change can be PUBLIC HEARING
Planning Office or the PLANNING BOARD obtained from the AGAWAM CITY
Agawam Town Clerk's Agawam Planning COUNCIL
Office between the hours The Agawam Planning Office or the Agawam
of 8:30 AM and 4:30 PM Board will hold a public Town Clerk's Office The Agawam City
in the Agawam Town hearing on Thursday, between the hours of Council will hold a pub-
Hall, 36 Main Street, May 21, 2009 at 7:30 8:30 A.M. and 4:30 P.M. lic hearing on Monday,
Agawam,MA. PM in the Agawam in the Agawam Town June 1, 2009 at 7:30
BY ORDER OF: Public Library, 750 Hall, 36 Main Street, P.M. at the Agawam
Travis Ward, Cooper Street, Agawam, Agawam,MA. Middle School, 68 Main
Chairman MA. The purpose of this BY ORDER OF: Street, Agawam, MA,
Agawam Planning hearing will be to hear Gina M.Letellier The purpose of this hear-
Board the petition of the City Council President ing will be to hear the
Published: May 7 and Agawam Town Council Published- May 14 and Petition of the Agawam
May 14,2009 on a proposed zoning May 21,2009 City Council on a pro-
amendment to Section posed zoning amend-
180-813 of the Agawam ment to Section 180-813
LEGAL NOTICE Zoning Ordinance LEGAL NOTICE of the Agawam Zoning
TOWN OF AGAWAM regarding fence heights. PUBLIC HEARING Ordinance regarding
PLANNING BOARD A copy of the proposal AGAWAM CITY fence heights. A copy of
can be obtained from the COUNCIL the proposal can be
The Agawam Planning Agawam Planning obtained from the
Board will hold a public Office between the hours The Agawam City Agawam Planning
hea.ring on Thursday, of 8:30 AM and 4:30 PM Council will hold a pub- Office between the hours
May 21, 2009 at 7:00 in the Agawam Town lic hearing on Monday, of 8:30 A.M. and 4:30
PM a[ the Agawam Hall, 36 Main Street, June 1, 2009, at 7:30 P.M. in the Agawam
Public Library, 750 Agawam, MA. P.M. at the Agawam Town Hall, 36 Main
Cooper Street, Agawam, BY ORDER OF: Middle School, 68 Main Street,Agawam,MA,
MA. The purpose of this Travis Ward, Street, Agawam, MA, BY ORDER OF:
hearing will be to hear Chairman The purpose of this hear- Gina M.Letellier
the petition of Langone Agawam Planning ing will be to hear the City Council President
Realty Corp., Pelley and Board Petition of Langone Published: May 14 and
Olbrych for a prop6sed Published- May 7 and Realty Corp., Pelley and May 21,2009
zone change on property May 14,2009 01brych for a proposed
on Mark Drive. The zone change on property
ACIAWAN ADVERTISER NEWS Page 5
works only in 1983. their experiences and advice to the
dquarters. Q. What has been your younger people, Since they have lived
did impress me working background? longer and usually had many more experi-
tional personal- A. I started working at ences.in life,they are rich in some degrees
overwhelm me Heritage Hall as a nurse's of wisdom to benefit the young people.
she'd make for aide. I then ran two different One former town official I spoke with
,ting interview. dairy marts in Agawam. In confirmed the fact that he feels Kris is a
.,ed to an inter- 1998, 1 became a police dis- very fine and exceptional person. He
are: patcher and have been here also verified the fact that while Kris was
kVIEW ever since. very ill for two years and couldn't work,
nd where were Q. Do you have religious many of the town employees gave some
Turley Publications courtesy
photo convictions? of their sick days to her so that she could
_)orn in March Kris Labelle A.Yes. I believe in God and continue to receive a weekly paycheck.
)pee. I hope He has a sense of This is in itself quite an endorsement of
tbout your immediate family. humor.I do try to be good to all people and the true character of the person involved.
ter, Henry, has passed on. believe in the Golden Rule. Would you consider paying the bill for
AxIene, lives in Agawam. I Q. What do you consider to be one of the person behind you at the drive-in
ster, Kim, who lives 'in your accomplishments so far in life? window at Dunkin' Donuts? Kris does
I also have two brothers, A. I really enjoy just being me, a that regularly. Besides tremendous per-
ith, who live in Hampden happy person. Actually, I haven't done sonality,consideration for others and real
(respectively). any special thing that's outstanding. generosity, what else could we expect
is your childhood like? What you see is what you get, but I feel from an individual?
very good childhood. We it's an accomplishment to really enjoy Being an avid reader, Kris visits the
and supportive family. My life and to enjoy yourself as a happy and Agawam Public Library frequently. She
A worker. I enjoyed reading pleasant being. reads primarily for enjoyment and pleas-
e a bit. I also enjoyed sports Q. What sort of advice would you ure.With her genuine outlook on life and
occer and softball. During offer to young people? her beautiful attitude about life in gener-
)ol years I was a cheerleader A, Get all the education you can as al, I don't think she needs to read books
that. - early as possible, and second stay hun- to"educate Or motivate."In a true sense,
about your schooling back- gry. Always want more and better and she is well self-educated and it is appar-
work for it. Go out of your way to make ent, since she enjoys her lifestyle com-
to St. George's School from many friends. pletely,living a full and happy life.
h grade. When we moved to Q. What advice would you consider In conclusion, I would say God bless
,ent my junior and senior years giving to the elderly? her and more power to her in the years
Ffigh School and graduated in A. I think elderly people should offer ahead.
old ways of thinking and adapt with the Voting for an elected official should not
times.When the Red Sox went to its current be a popularity contest. It should be about
ownership,they chose to update their philos- clear vision along with some motivation to
ophy, and we have seen them go from just actually achieve something.
another team to a championship contender. It I believe there is something that can be
seems to me that in this town,every election learned in all trials in life.A recent incident
has the same names with the same ideas that illustrates this theory can be directed to
bringing the same results. I propose a new the mayor's office. It is my belief that the
era of leadership, bar brawl that so barbarically occurred in
In these tough times, I'm sure finances are I recent weeks may or may not have been her
at the forefront of your thoughts.The key to a Turley Publications fault. And quite frankly, it's none of my
strong economy is low taxes; we need to keep courtesy photo business. However, what has fueled my
as much money in all taxpayers'pockets� and passion to run for council is her response.
without compromising any of the current services. Every Rather than being humble and accepting full responsi-
time we need additional funds to pay for things the council bility and throw herself at the mercy of the very people
has the power to increase the taxes,affecting your wallet. that pay her ridiculous salary that nears six figures, she
What measures have they taken in exercising spend- responded by addressing the attack with her famous
ing discipline? I am truly shocked that these part-time "look in the mirror" story that was in the newspaper.
officials have not forfeited their pay. If elected, I will We all make mistakes. How you respond to them is
voluntarily forego the salary by donating it to the budg- what makes us. Her response is not leadership. She
et areas that are most in need of funding. For example, should be held accountable instead of making the town
purchasing state-of-the-art automatic defibrillators for of Agawam the center of all ridicule and talk radio con-
all our schools. Under my watch, I would never want versations. Some people feel that what was going on
the discussion on the table on why this important piece either behind closed doors or in the center ring of some
of equipment was "not present." Our government is bar is not anyone's business,and that the mayor has the
here to serve us and not the other way around? I feel right to behave however they feel fit. I do not see it that
that local politics has become a"who's who"group that way. The position of mayor who just so happens to be
enjoys the benefits of being a political figure. the chief executive officer of this town should conduct
I refuse to accept the status quo and will do all that is themselves in a professional manner"both on and off the
'" 'I I 11� 1,(, I- wl� 1� I- .. . I I;;- , - I . I I " , . 1, 1
AGAwAm LAw DEPARTMENT
MEMORANDUM
To: Agawam City Council
From: Christopher C. Johnson, Solicitor
CC: Mayor; Planning
Date: April 6, 2009
Re: TOR-08-6 (Zoning Amendment - Fence Heights)
It has come to my attention that the above referenced amendment to the
town's zoning ordinances was not referred to the Planning Board prior to its
adoption by the Council. Massachusetts General Laws Chapter 40A, § 5 requires
the pianning board to hold a public hearing on any proposed zoning amendment
prior to its adoption by the Council. As such, I would recommend that TOR-08-6
be placed back on your agenda and be referred to the Planning Board for a
public hearing. I would also suggest that after receipt of the Planning Board
recommendation, the Council conduct another public hearing and vote on the
item again.
Please call with any questions.
Very truly u rs
(�5k Y u
Christophe Johnson
iZ :b
YWAIN4-
LYM_
Ta�8- fk
Oqv�—4,L
�.-�M-&DINANCE AMENDING SECTION 180-8 B
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING THE HEIGHT OF FENCES WITHIN THE
SETBACK AREA OF CORNER LOTS
(Sponsored by Councilor Jill Simpson)
WHEREAS, Section 180-8 B of the Code - of the Town of Agawam
currently provides that: "Fence heights shall not exceed four feet on the setback
portion of any lot perimeter and shall not exceed 6 112 feet in height on the
remainder of the lot perimeter. On a lot which is adjacent to a higher zone
classification, the fence heights shall conform to the higher classification."
WHEREAS, there have been numerous instances in the Town of Agawam
where owners of corner lots have requested fence heights in excess of four feet
in the setback portion of their lot perimeter for privacy and public safety reasons;
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinance relative to allowed height of fences in the setback portion
of the lot perimeter on corner lots to allow fences to exceed four feet in height by
special permit only; and
NOW .THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following change be made to Chapter 180 of the Code of the
Town of Agawam:
1. 4180-8 B entitled "Supplementary regulations" is heMoy
amended by adding the following to the end of that section: C22
ho
"Notwithstanding the foregoing, fences may be erected by special permi06 'at
R n- ,
height in excess of four feet, but not to exceed six and 'one-half feet, dn>hezf!?��
setback portion of any corner lot perimeter only."
PER ORDER OF THE AGAWAM CITY 'COUNCIL
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M. letel I ie(W rLys[dent
APPROVED AS TO FORM AND LEGALIT'Y A
All/
0Lh 119
Christoph son, City Solicitor
MAYORAL ACICION
Received this day o Ita-A.( 2009 from Town Council Clerk.
+— —wc
Signed by Council President this r--�)O d�y of Al J 0 1 2009.
APPROYAL OF LEGISLA110
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam harter, as
ed, I hereby approve the passage of the above legislation on this day of
"Aw 2009.
Susan R. Dawson, Mayor.
DISAPPiROVAL OJF LEGISLATIO
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
2009 for the following reason(s):
Susan R. Dawson, Mayor
RETURN OF LEGISLATION TO COUNCIL CLE
Returned to Council Clerk this day o 32009.
Page I of I
barbara bard
From: barbara bard [BBard@agawam.ma.us]
Sent: Tuesday, April 07, 2009 10:40 AM
To: ginalet@verizon.net
Hi Gina.
Just to let you know I rec'd a memo from Chris Johnson this morning regarding that zoning amendment on fence heights...saw
him yesterday and he said he hadn't heard from you. '
He told me the thing was illegal. He only signs for form and legality. I know Councilor Simpson might talk to you (I told her to) cuz
she sort of remembers him saying he purposely wrote it that way so it wouldn't have to go through zoning. She was gonna look
into her information about it at one of the meetings and I think get back to you.
Anyway, his memo reads:
"It has come to my attention that the above referenced amendment to the town's zoning ordinances was not referred to the PB
prior to its adoption by the Council. MGL Chapter 40A, Sec 5 requires the PB to hold a public hearing on any proposed zoning
amendment prior to its adoption by the Council. As such, I would recommend that TOR-08-6 be placed back on your agenda and
be referred to the PB for a public hearing. I would also suggest that after receipt of the PB recommendation, the council conduct
another public hearing and vote on the item again."
So that's where it stands. Please let me know what you want me to do. Thanks!
Elave a great dqy!
Barbara
Barbara A. Bard
Administrative Assistant to the City Council
36 Main Street
Agawam, MA, 0 100 1
413. 786. 0400 x 233
4/7/2009
Town of Agawam
-1.837
36 Main et Aoawam, Nlas�,;aehusetts 01001,
Ho Tel. 41.3-786-0400 Fax, 413-786-9927
FAX COVER SHEET
Fax Number (413) 786-992 7
Date: b- Originating Dept.
TO:
OW� 7
FROM: &rz�
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Number of Pagres Including, Cover Sheet.
COMMENTS:
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Ftzxtratisniissiotisai-esolelj,fori?zitizicipal,uttiposes. Any personal or political use prohihited by law.
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In 2006, after approximately 12 years, I needed to replace my 6 foot fencing that was
termite infested. It was recommended by my extenninator to replace the existing fence
and replace it with vinyl fencing due to the high termite infestation in the area.
After pricing fencing out, I chose a fence installer that was new to Agawam, Arena
Fencing, who promised quality fencing at an affordable price. After hiring them, the
fence company switched out the material chosen for a cheaper quality fence, and also
poorly installed it. Once the job was completed and they were aware of this situation, the
owners sent me a contract stating that they were not responsible for applying for any
permits, or for any fence placement decisions.
Shortly after the job was completed, a town inspector stopped at my home to inform me
that a formal complaint had been received regarding the placement of my new fence. I
was told that it was out of compliance with the town's ordinance, and that I would have
to move it, replace it with a 4 foot fence, or go to the Board of Appeals to apply for a
variance.
Since that time the paperwork was put on hold, pending a judge's decision for another
fence that was being fought out in court. That situation is very different from mine.
I would like to express my concerns and reasons for needing to have my fence stay where
it is.
I am a life long resident of Agawam and I am a mother of five children, one of which has
ADHD and impulsive behaviors. I live at 151 Cooper Street which is a very high traffic,
high sped area of town. Children as we know, love to climb and to put a 4 foot fence up
could be potentially life threatening for my children and for any other child in my yard.
Keeping children safe is my number one priority.
I originally had a 4 foot fence, but I replaced it with 6 foot fencing. People would always
walk onto my property to talk with my kids while they played which at times was very
disturbing. The decision was made to put up the 6 foot fence when a man came one
particular day onto my property, and put my child over the 4 foot fence to "visit" with his
dog.
There are many registered child sex offenders within a small radius of my home. I feel
that for this reason also, a 6 foot fence is needed to keep children safely in my yard.
I have also run a day care for 18 years. Families have been reluctant to place their
children in my care due to the high speed of traffic which occurs all day and night. But
once they have seen the 6 foot fence along Cooper Street, they feel comfortable
entrusting their child within my care while they are at work.
The state requires that a provider of child care must have so much square footage of
indoor as well as outdoor space per child in care. If I am made to move the fence, I am
likely to lose my license which, in turn, would put me at a vcry high risk of losing my
home. With today's economy, a high school education, and this as my only j ob
experience, finding employment that would allow me to provide for my family would be
very hard.
Please note, I was unaware of this town ordinance up until this happened. I realize now
that the fence is out of compliance, but in no way does this fence causes any visual
obstructions to traffic in any direction. Up until this time, there have never been any
complaints regarding my fence.
Other than this one particular neighbor who felt the need to file this complaint against
me, the other surrounding neighbors appreciate the updated fencing that replaced the old
rotted one.
In closing, I would greatly appreciate any help you can offer me in order to keep my
fence in its existing place.
Sincerely,
Katie Butler
151 Cooper Street
Agawam 789-1276