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TOR-2009-6 ORDINANCE TO AMEND BLDG DEPT FEES - - - - - --- I � 'e'l a r'.� TOR'2009-6 AN ORDINANCE TO AMEND CERTAIN FEES IN THE BUILDING DEPARTMENT (Sponsored by Councilor Robert E. Rossi and councilor Ceorge Bitzas) WHEREAS, the Building Department issues many permits and performs many inspections of residential, business and industrial sites; and WHEREAS, fees for permits issued and inspections performed by the Building Department have not been adjusted for semi-detached structures; and WHEREAS, costs associated with the issuance of permits and inspections performed by the Build'ing Department for semi-detached structures need to be creao so as no,t to cause confusion with multi-family structures; and WHEREAS, it is in the best interest of the City of Agawam to amend Chaptj� 103 of the Code of the Town of Agawam to establish a fee to be charged by the Bui&iig Department for semi-detached structures, additions and alterations; and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that the following amendment is hereby made to Chapter 103 of the Code of the Town of Agawam: Semi-Detached Structures; additions and alterations $30.00 per unit Dated this day o 2009. rx C PER ORDER OF THE AGAWAM CITY COUNCIL J_A -'e:;4 i Letellier, PkLaer�t_ C!O .......... Ce APPROVED AS TO FORM AND LEGALITY Ch her C. Joh 01 City Solicitor 4 MAYORAL ACTUOIN Received this day of 2009 from Town Council Clerk. aCR LJQOAz qo(- -)OC Signed by Council President this day of—i -O-YY)- , 2009. APPROVAL OF LEGISLAI10 By the powers vested in me pursuant to Article 3, Section 3--6 of the Agawam Charter, as a e the passage of the above legislation on this j day of ,%ended, I hereby approv a b 2009. 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 LEGISLATION 10 COUNCIL CLERK �'i JA Returned to Council Clerk this dayof a=JhV )� . , 2009- CASTLE HILLS CONDOMINIUM TRUST C/O ATRIUM PROPERTY SERVICES,INC. 476 College Highway Phone(413)569 -5557 Southwick,MA.,01077 FEEIL�� October 13, 2009 qft, C_1� Town of Agawam Town Council 36 Main Street > Agawam, MA 01001 Hand Deliver 10/13/09 C? Attn: Barbara Bard Ch Dear Council Members, An issue of concern has come to our attention with regard to the structure of the Town of Agawam Building Department's permit fees. Homes at Castle Hills are undergoing a re-roofing project at this time and are, of course,affected by the contractor payment of such fees. The concern is that the fee (,100 per square foot) is not comparable to other residential re-roofing. permit fees in Agawam, nor condominium re-roofing permit fees outside (i.e. Westfield reported at .040 per square foot) of Agawam. Facts as we understand them: 0 The Town Building Department considers the Condominium homes to be "Commercial" real estate (assurnedly similar to multi-family rentals). The Agawam Commercial re-roofing permit cost is ,100 per square foot of roofing. The Agawam residential re-roofing permit is $30 per home. The square footage of a Castle Hills home currently being re-roofed is 1300 s.f. (+/-). On average, less than most homes categorized as residential single family, The average Castle Hills Home has a stated and billed permit cost of$130.00 or more, and the other Agawam homes are expected to pay a flat$30 permit fee, regardless of any determining factor such as square footage. There are no commercial business operations allowed from, or in homes at Castle Hills and the resale of homes at Castle Hills creates no commerce that in any way could be construed as diffetent from the business involved in the resale of any Agawam home. Homes in Castle Hills are assessed in the same manner and pay the same residential real estate property tax rate as all other Agawam single family homes. There is no single property tax bill per building such as is the case for a multi-family commercial property. Our Conclusion: It is our understanding that the Building Official has been given discretion to determine classification and fees if there is a level of uncertainty on certain items, however, it would appear that re-roofing is a usual classification under "miscellaneous." Therefore, our conclusion is that the Town has wrongfully categorized Castle Hills homes for permit purposes as "Commercial" (multi-family rental)when they should fall under the straight residential structure for permitting. The basis of the multi-family (commercial) classification is that it is built and operated for ongoing commerce(rental operation). In simplest terms, the homes at Castle Hills are not part of any multi-family rental operation. They simply exist chiefly as primary homes for owner-occupants that are assessed and pay taxes the same as all single family homes do. The existence of an Association, to which members collectively pay in to their not for profit membership association does not create a profit center or any other means that implies or actively serves to facilitate multi-family commercial status as an appropriate classification. Our Request: • Retract the fee's paid to date and assess these fees, future fees and all permit fees for such homes within the structure that is established for other single family Agawam homes. • Provide a brief explanation of where these fees (S6,760.00 (+� for the homes we are doing this fall) go and if expended, for what purpose(s). • Place Castle Hills homeowner, Joseph Ventura on the October, 19, 2009 Council agenda to discuss the above, or on a future agenda. Regards, Joseph Ventura, President Castle Hills Board of Trustees on behalf of Castle Hills Homeowners. Cc: Building Department Office of the Mayor City Solicitor Encl. Agawam Permit Fee Schedule October 1, 2009. LOWN OF AGAWAM PERMIT FEES RESIDENTIAL BUILDLNG One and Two Family $400.00 Addition&alterations,access structure,swimming pool 75.00 Access building under 200 sq.ft.,above ground swimming pool 30.00 Above ground swimming pool with deck 50.00 Multi Family-$30 per sq.ft.All floors excluding cellar Min. 300�00 Additi ns,alterations& ccessory building$.25 per sq. ft. Min. 150.00 -1- ?,-- BUSINESS&INDUSTRIAL BUILDINGS $.40 per sq,ft.-All floors excluding cellar Min. 300.00 Additions,alterations and accessory building$30 per sq.ft. Min. 200.00 FARMBUMD 50.00. % V7 ELECTRICAL . M." V. Single FamilyLess Service 0 Two Family W.00-4 Multi Family-Hotel-Motel Per Unit 00 1 Residential addition or alterations Appliance-above ground pools,repairs&alams(existing house) any other electrical permits requiring one inspection :e.00 In-ground pools 'Wr Alarms,Low Voltage,Data&Communication 55.00CD Service-up to 200 Amps 3 0-606n Service over 200 Amps 75.00- Business&Industrial(determine at permit issuance) Min. 200.00 Business&Industrial additions&alterations (determine at permit i-ssuance) Min.' 100.00 LLUMBING Single Family(new) 100.00 Two Family(new) 175.00 Multi Family-Hotel 4 Motel Per.Unif 80.00 Residential addition and alterations .60.00 Business-Industrial-jCom'Tercial'- $200.0'0 per permit(includes one fixture or appliance) ILLO Per additional fixture or applian= Additions&alterations: Business-Industrial-Commercial- $100.00 perpermit(includes one fixture or appliance) $5.00 per additional fixture or'appliance das Permit 55.00 A]I other plumbing&gas permits requiri�g one inspection 30.00 MISCELLANEOUS Single,Family:Woodstove,fireplace,roofing,siding,doors,windows,chimney,tents 30.00 Signs(all sizes) 35.00 Demolition 20.00 WHENEVER THERE i IS ANY UNCERTAINTY AS TO THE CLASSIFICATION,FEE OR FINE OF A BUILDING PERMIT,THE BUILDING OFFICIAL SHALL DETERMINE THE CLASSIFICATION,FEE OR FINE WITHIN WHICH IT FALLS: ELECTRICAL PERMITS SHOULD BE APPLIED FOR PRIOR TO THE START OF WORK BEING DONE,13UT NOT LATER THAN FIVE(5)DAYS AFTER WORK COMMENCES. IF THIS STATE REQUIREMENT IS NOT FOLLOWED.,A FEE OF$50.002 IN ADDITIONTO THE REGULAR FEES LISTED ABOVE,WILL BE CHARGED. ALL BUILDING,PLUMBING AND GAS PERMITS MUST BE APPLIED FOR PRIOR TO THE START OF ANY WORK BEiNG DONE OR A FEE OF IN ADDITION TO THE REGULAR FEES LISTED ABOVE,WILL BE CHARGED. WN OF A CA WAM PERMIT RESIDENTIAL BUILDIIVG One and Two Family $400.00 Addition&alterations,access structure,swimming pool 75.00 Access building under 200 sq.ft.,above ground swimming pool 30.00 Above ground swimming pool with dedk 50.00 MultiFarnil -S,30 per sq,ft.All floors excluding cellar Min, 300-00 Ad itions,alterations& ccessory building$.25 per sq.ft. Mim 150.00 BUSINESS&INDUSTRJAL BUILDINGS $.40 per sq.ft.-All floors excluding cellar Min. 300.00 Additions,alterations and accessory building$30 per sq.ft. Min. 200.00 FARMBUILD17VGS 50-00- V ELECTRICAL Single familyLess Service .001�� Two Family OOQ Multi Family-Hotel-Motel Per Unit .00 1 Residential addition or alterations .0cr— Appliance-above ground pools,repairs&alarms(existing house) any other electrical permits requiring one in ection *.00' sp In-ground pools ,'J".04; Alarrias,Low Voltage,Data&Communication 55.0�� -up to 200 Amps 6 Service 30. tw Service over 200 Amps 75-00- Business&Industrial (determine at permit issuance) Min. 200.00 Business&Industrial additions&alterations (determi.nr at permit issuance) Min.' 100.00 PL VAfB Single Family(new) 100.00 Two Family(new) 175.00 Multi Family-Hotel�Motel Per.UnitL 80.00 Residential addition and alterations .60.00 Biisiness-Industrial-Commercial'- $200.00 per permit(includes one fixture or appliance) $5.00 'per additional fixture or appliance Additions&alterations: Business-Industrial-Commercial- $100.00 per permit(in n $5.00 per additional fi: bas Permit A]I other plumbing&gas permits requiri�g one inspection 4a MISCELLANEOUS Single family:Woodstove,fireplace,roofing,siding,doors,windows,chimney,ti Signs(all sizes) Demolition WHENEVER THERE,IS ANY UNCERTAINTY AS TO THE CLASSIFICATION,F. BUILDING OFFICIAL SHALL DETERMINE THE CLASSIFICATION,FEE OR ELECTRICAL PERMITS SHOULD BE APPLIED FOR PRIOR TO THE START C FIVE(5)DAYS AFTER WORK COMMENCES. IF THIS STATE'REQUIREMEN, ADDITION'TO THE REGULAR FEES LISTED ABOVE,WILL BE CHARGED. ALL BUILDING,PLUMBING AND GAS PERMITS MUST BE APPLIED FOR PR 1 7 DONE OR A FEE OF_$50.06, IN ADDITION TO THE REGULAR FEES LISTED—A, TOR-2009-6 AN ORDINANCE TO AMEND CERTAIN FEES IN THE BUILDING DEPARTMENT (Sponsored by Councilor Robert E. Rossi) WHEREAS, the Building Department issues many permits and performs many inspections of residential, business and industrial sites; and WHEREAS, fees for permits issued and inspections performed by the Building Department have not been adjusted for semi-detached structures; and WHEREAS, costs associated with the issuance of permits and inspections performed by the Building Department for semi-detached structures needs to be created so as not to cause confusion with multi-family structures; and WHEREAS, it is in the best interest of the City of Agawam to update the classification and to establish fees charged by the Building Department as contained in Section 103-3 of the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that Section 103-3C is hereby amended by adding a Sub-Section under Residential Buildings the following classification: Semi-Detached Structures Additions and alterations $30.00 per unit Dated this day of 2009. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY Christopher C. Johnson, City Solicitor TOR-2009-6 A-WnD(06�) AN ORDINANCE ADOWU 7 94:01103-3C OF THE CODE OF THE TOWN OF AGAWAM Its DUPAR-TNW44T—F-E� OUT S C&OTOVC0 A- Fec- 4-0-(� S-Q Mi WHEREa,'.), -( P WHEREAS, 1-:� a- -10' S' CX� Owo�e�' to 9,10, svu, 1�5 WHEREAS, tit is in the best interest of the Town of Agawam to add, 4�v� P-A�,(vr 5a� -Atf-ztju d UfLi45 - aqo( NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that the following fee be added to the Miscellaneous portion of Section 103- 3C of the Code of the Town of Agawam. ,3ml - de-l-ae-hM- 94rtt &yv6P ,� #�30'0O)ap-r 4dd t'h'oyl S afl d- a 1(kra-htm 5 Dated this day of 2009. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY Christopher C. Johnson, City Solicitor Approv;d Ist Reading as amended onf 3 0 az�q�k Approved 2nd Reading as WNW amended' oh '3/17/03 TOR-2003-4 Iron - AN ORDINANCE TO AMEND CERTAIN FEES IN THE �J BUILDING DEPARTMENT �:'--7 WHEREAS, the Building Department issues many permits and performs many inspections of residential, business and industrial sites; and WHEREAS, fees for permits issued and inspections performed by the Building Department have not been adjusted for 0V6P46ft_*e"6A and WHEREAS, costs associated with the issuance of permits and inspections performed by the Building Department '"eWy*ar_ and �+t-T_' V'_�dk: 0-cea-CeA co a� -' V\OT +t WHEREAS, it is in the best interests of he ToWn ofAgaWam to update ,3 - -Cxhn,4jgRJF&by the Building Department as contained in Section 103-3 of the Code of the Town of Agawam; 4��s. Q'u,-C�_C), NOW THEREFORE, the Agawam Town Council does hereby amend the Code of the Town of Agawam as follows: Amend-Section 103-3.BuildingDe.partment, of Chapter 103 entitled "Fees" as follows effective upon passage: DELETE ENTIRE SECTION ADD: �It Sf ry q_S Building Dep r&4JfeAs-1ii`a_119 asP) OStWeAver there is any uncertainty as to the cla i cation, fee or fine of a building permit, the buildin I shall determine the classifica fee or fine within which it falls. sh d Electrical permits applied for r to the start of work being done, but not later than rive (5) days afte commences. If this SLate requirement is not followed, a fee of$50.0 , * ditio the regular fees listed below, will be charged, All buildin umbing and gas permits must lied for pri�or to the start of any work bei g done or a fee of$50.00, in addition to the r ar fees listed below, will be charged. TYPE FEE Page I of I barbara bard From: Christopher C. Johnson Sent: Wednesday, October 28, 2009 9:32 AM To: barbara bard Subject: RE: Condo Permit Fees Barbara I am assuming that Councilor Rossi wants to add the fee to the "Miscellaneous" portion of Section 103-3 of the town code, If that is the case, it would need to be done by ordinance, Please have him call with any questions. Thanks Chris From: barbara bard Sent: Tuesday, October 27, 2009 12,:48 PM To: Christopher C. Johnson; Chris Johnson Subject: Condo Permit Fees Hi Chris— Bob Rossi wants to add a fee to the list of Permit Fees under"Miscellaneous"— 'semi-detached units' $30.00 per unit. Would this have to be done by Ordinance or Resolution? Please advise. Thanks! Make it a great day! lqa�c&w Barbara A. Bard Administrative Assistant (o the Citv Council 36 Main Street Agawam, NIA. 01001 (413) 786-0400 x233 (413) 789-9927 fax bbard@agqwarn.rna.us 10/28/2009