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TOR-2010-3 KEEPING OF FARM ANIMALS eW94910-5 W-, TOR-2010-3 AN ORDINANCE AMENDING MASSACHUSETTS GENERAL LAWS CHAPTER 180, §37 BY ADDING SECTION G "RESTRICTIONS ON THE KEEPING OF FARM ANIMALS" (Sponsored by Vice President Robert E. Rossi) WHEREAS, agricultural operations have become the subject of nuisance complaints where residential development extends into or adjoins areas of agricultural land; and WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 !/2) acres in land area. For a parcel that is at least one and one half (I V2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be pennitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. BE IT FURTHER RESOLVED that the Agawam City Council hereby resolves to amend M.G.L. Chapter 180; Section 87 by adding the following Section G entitled "Restrictions on the Keeping of Farm Animals": (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(I Y2) acres in land area, For a parcel that is at least one and one half(I V2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional TOR-2010-3 AN ORDINANCE AMENDING MASSACHUSETTS GENERAL LAWS CHAPTER 180, §37 BY ADDING SECTION G "RESTRICTIONS ON THE KEEPING OF FARM ANIMALY� (Sponsored by Vice President Robert E. Rossi) WHEREAS, agricultural operations have become the subject of nuisance complaints where residential development extends into or adjoins areas of agricultural land; and WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 1/2) acres in land area. For a parcel that is at least one and one half (I V2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional ---rnitted for each additional 2,400 square feet of aree 'tals shall not be permitted in front yards or in side s. y (40) feet from any street and from any property otl 11strict and shall be set back at least one hundred ( el or from the permitted placement of a dwelling or. 13E IT FURTHER RESOL by resolves to amend M.G.L. Chapter 180; Section' d "Restrictions on the Keeping of Farrn Animals": (G) Restrictions on the Keeping of f ,ping of farm Purpose. The regulations of thi: animals in Agricultural Districts in a nts of nearby properties and prevents conditions that Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 1/2) acres in land area. For a parcel that is at least one and one half(I Y2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. Nuisance. In law, "Nuisance" is defined as an act, object, or practice that interferes with another's rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful. Such activities such as obstructing a public road, polluting air and water, operating a house of prostitution, or keeping explosives are public nuisances and constitute criminal violations. A private nuisance is an activity or condition (i.e. excessive noise, disagreeable odor, even hordes of flies from a neighbor's manure pile) that interferes with the use and enjoyment of one's property and that may be a cause of action in civil litigation. An attractive nuisance is something on one's property that poses a risk to children or others who may be attracted to it. Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property. Licensing. Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Zoning Board of Appeals and the Department of Public Health on a form application provided by that office, with payment of a fee set by the Agawam City Council. Application Contents. The application for such license shall include information on the location of the subject property, the size of the property, the number of animals to be kept on the property, the nature of any shelters and enclosures, a scaled drawing showing the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject areas and any other information items listed on the registration form, as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of such license if it determines that the application meets all requirements of this Section. No license shall be issued until the Department of Building Inspection has determined that the required site drawing and associated information demonstrates that the property meets all requirements concerning the installation and placement of enclosures, fences, cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such information in a prior license application, Enforcement. The Department of Public Health or the Director's Designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding sanitation and nuisances and operational practices in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Building Inspector or the Inspector's designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding the construction and permitted placement of enclosures, fences, cages, coops, stables and other structures used in the keeping of farm animals and shall have the authority to enf6rce the regulations of this Section as they apply to such matters. The Zoning Board of Appeals may vary the regulations of this Section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. Definitions. Farm Animal. "Farm Animal" means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an"exotic animal" and is not a house pet such as a dog, car or similar animal. Enclosure. "Enclosure" means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area. Coop and Cage. "Coop" and "Cage" means a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals. Dated this day of 2010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President,Agawam City Council APPROVED AS TO FORM AND LEGALITY Vincent Gioscia,City Solicitor TOR-2010-3 AN ORDINANCE AMENDING THE CODE OF THE TOWN OF AGAWAM CHAPTER 180, SECTION 37 BY ADDING SECTION G "RESTRICTIONS ON THE KEEPING OF FARM ANIMALS" (Sponsored by Vice President Robert E. Rossi) WHEREAS, agricultural operations have become the subject of nuisance complaints where residential development extends into or adjoins areas of agricultural land; and WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants-of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 1/2) acres in land area. For a parcel that is at least one and one half (1 1/2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. BE IT FURTHER RESOLVED that the Agawam City Council hereby resolves to amend the Code of the Town of Agawam Chapter 180; Section 87 by adding-the following Section G entitled "Restrictions on the Keeping of Farm Animals": (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 1/2) acres in land area. For a parcel that is at least one and one half(I V2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional TOR-2010-3 AN ORDINANCE AMENDING THE CODE OF THE TOWN OF AGAWAM CHAPTER 180, SECTION 37 BY ADDING SECTION G "RESTRICTIONS ON THE KEEPING OF FARM ANIMALS" (Sponsored by Vice President Robert E. Rossi) WHEREAS, agricultural operations have become the subject of nuisance complaints where residential development extends into or adjoins areas of agricultural land; and WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants-of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and n-- D. For a parcel that is at least one and one half (1 1, ) such animals may be kept on the property, wit] each additional 2,400 square feet of area. Stables iot be permitted in front yards or in side street yards fro m any street and from any property other than a shall be set back at least one hundred (100) feet a the permitted placement of a dwelling on an adjoin, BE IT FURTHER RESOLVED thal 's to amend the Code of the Town of Agawam C1 ving Section G entitled "Restrictions on the Keeping, (G) Restrictions on the Keeping of Farm An1r. Pu rpose. The regulations of this section I animals in Agricultural Districts in a manner tlLat prevents-nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 1/2) acres in land area. For a parcel that is at least one and one half(I V2,) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set 'back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. Nuisance. In law, "Nuisance" is defined as an act, object, or practice that interferes with another's rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful, Such activities such as obstructing a public road, polluting air and water, operating a house of prostitution, or keeping explosives are public nuisances and constitute criminal violations. A private nuisance is an activity or condition (i.e. excessive noise, disagreeable odor, even hordes of flies ftom a neighbor's manure pile) that interferes with the use and enjoyment of one's property and that may be a cause of action in civil litigation. An attractive nuisance is something on one's property that poses a risk to children or others who may be attracted to it. Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property. Licensing. Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Zoning Board of Appeals and the Department of Public Health on a fon-n application provided by that office, with payment of a fee set by the Agawam City Council. Application Contents. ' The application for such license shall include information on the location of the subject property, the size of the property, the number of animals to be kept on the property, the nature of any shelters and enclosures, a scaled drawing showing the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject areas and any other information items listed on the registration form, as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of such license if it determines that the application meets all requirements of this Section. No license shall be issued until the Department of Building Inspection has determined that the required site drawing and associated infon-nation demonstrates that the property meets all requirements concerning the installation and placement of enclosures, fences, cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such information in a prior license application. Enforcement. The Department of Public Health or the Director's Designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding sanitation and nuisances and operational practices in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Building Inspector or the Inspector's designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding the construction and permitted placement of enclosures, fences, cages, coops, stables and other structures used in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Zoning Board of Appeals may vary the regulations of this Section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. Definitions. Farm Animal. "Farm Animal" means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an "exotic animal" and is not a house pct such as a dog, car or similar animal. Enclosure. "Enclosure" means a set of walls or fences designed to confine animals or birds to'a space that is large enough to permit the animals and birds to roam relatively frecly in an open yard area. Coop and Cage. "Coop" and "Cage" means a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals. Dated this day of 2010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M.Rheault, President, Agawam City Council APPROVED AS TO FORM AND LEGALITY Vincent Gioscia,City Solicitor TOR-2010-3 AN ORDINANCE AMENDING THE CODE OF THE TOWN OF AGAWAM CHAPTER 180, SECTION 37 BY ADDING SECTION G ""RESTRICTIONS ON THE KEEPING OF FARM ANIMALS" (Sponsored by Vice President Robert E. Rossi) WHEREAS, agricultural operations have become the subject of nuisance complaints where residential development extends into or adjoins areas of agricultural land; and WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and . WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 1/2) acres in land area. For a parcel that is at least one and one half (1 1/2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. BE IT FURTHER RESOLVED that the Agawam City Council hereby resolves to amend M.G.L. Chapter 180; Section 87 by adding the following Section G entitled "Restrictions on the Keeping of Farm Animals": (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(I V2) acres in land area. For a parcel that is at least one and one half(1 1/2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. Nuisance. In law, "Nuisance" is defined as an act, object, or practice that interferes with another's rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful. Such activities such as obstructing a public road, polluting air and water, operating a house of prostitution, or keeping explosives are public nuisances and constitute criminal violations. A private nuisance is an activity or condition (i.e. excessive noise, disagreeable odor, even hordes of flies from a neighbor's manure pile) that interferes with the use and enjoyment of one's property and that may be a cause of action in civil litigation. An attractive nuisance is something on one's property that poses a risk to children or others who may be attracted to it. Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to o6cupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property. Licensing. Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Zoning Board of Appeals and the Department of Public Health on a form application provided by that office, with payment of a fee set by the Agawam City Council. Application Contents. The application for such license shall include information on the location of the subject property, the size of the property, the number of animals to be kept on the property, the nature of any shelters and enclosures, a scaled drawing showing the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject areas and any other information items listed on the registration form, as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of such license if it determines that the application meets all requirements of this Section. No license shall be issued until the Department of Building Inspection has determined ihat the required site drawing and associated information demonstrates that the property meets all requirements concerning the installation and placement of enclosures, fences, cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such information in a prior license application. Enforcement. The Department of Public Health or the Director's Designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding sanitation and nuisances and operational practices in the keeping of farrn animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Building Inspector or the Inspector's designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding the construction and permitted placement of enclosures, fences, cages, coops, stables and other structures used in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Zoning Board of Appeals may vary the regulations of this Section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. Derinitions. Farm Animal. "Farm Animal" means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an "exotic animal" and is not a house pet such as a dog, car or similar animal. Enclosure. "Enclosure" means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area. Coop and Cage. "Coop" and "Cage" means a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals. Dated this day of --,2010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault,President,Agawam City Council APPROVED AS TO FORM AND LEGALITY Vincent Gioscia,City Solicitor TOR-2010-3 AN ORDINANCE AMENDING THE CODE OF THE TOWN OF AGAWAM CHAPTER 180, SECTION 37 BY ADDING SECTION G "RESTRICTIONS ON THE KEEPING OF FARM ANIMALS" (Sponsored by Vice President Robert E. Rossi) WHEREAS, agricultural operations have become the subject of nuisance complaints where residential development extends into or adjoins areas of agricultural land; and WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants of nearby properties and prevent conditions that are unsanitary.or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 1/2) acres in land area. For a parcel that is at least one and one half (1 1/2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. BE IT FURTHER RESOLVED that the Agawam City Council hereby resolves to amend the Code of the Town of Agawam Chapter 180; Section 87 by adding the following Section G entitled "Restrictions on the Keeping of Farm Animals": (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(I V2) acres in land area. For a parcel that is at least one and one half(I V2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. Nuisance. In law, "Nuisance" is defined as an act, object, or practice that interferes with another's rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful. Such activities such as obstructing a public road, polluting air and water, operating a house of prostitution, or keeping explosives are public nuisances and constitute criminal violations, A private nuisance is an activity or condition (i.e. excessive noise, disagreeable odor, even hordes of flies from a neighbor's manure pile) that interferes with the use and enjoyment of one's property and that may be a cause of action in civil litigation. An attractive nuisance is something on one's property that poses a risk to children or others who may be attracted to it. Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards, Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property. Licensing. Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Zoning Board of Appeals and the Department of Public Health on a form application provided by that office, with payment of a fee set by the Agawam City Council. Application Contents. The application for such license shall include information on the location of the subject property, the size of the property, the number of animals to be kept on the property, the nature of any shelters and enclosures, a scaled drawing showing the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject areas and any other information items listed on the registration form, as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of such license if it determines that the application meets all requirements of this Section. No license shall be issued until the Department of Building Inspection has determined that the required site drawing and associated infon-nation demonstrates that the property meets all requirements concerning the installation and placement of enclosures, fences, cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such information in a prior license application. Enforcement. The Department of Public Health or the Director's Designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding sanitation and nuisances and operational practices in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Building Inspector or the Inspector's designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding the construction and pen-nitted placement of enclosures, fences, cages, coops, stables and other structures used in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Zoning Board of Appeals may vary the regulations of this Section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. Definitions. Farm Animal. "Farm Animal" means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an"exotic animal" and is not a house pet such as a dog, car or similar animal. Enclosure. "Enclosure" means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roarn relatively freely in an open yard area. Coop and Cage. "Coop" and "Cage" means a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals. Dated this day of 2010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President,Agawam City Council APPROVED AS TO FORM AND LEGALITY Vincent Gioscia,City Solicitor TOR-2010-3 AN ORDINANCE AMENDING THE CODE OF THE TOWN OF AGAWAM CHAPTER 180, SECTION 37 BY ADDING SECTION G "RESTRICTIONS ON THE KEEPING OF FARM ANIMALSI� (Sponsored by Vice President Robert E. Rossi) C) C) C= WHEREAS, agricultural operations have become the subject of nuisance com*in*r where residential development extends into or adjoins areas of agricultural land; and -Xr;"� * 171 n WHEREAS, there are currently no regulations established to permit the keeping of-fittrm animals in Agricultural Districts in the Town of Agawam; and -D WHEREAS, the Town of Agawam needs to prevent nuisances to occupants of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and 'WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 1/2) acres in land area. For a parcel that is at least one and one half (I '/:!) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. BE IT FURTHER RESOLVED that the Agawam City Council hereby resolves to amend M,G.L. Chapter 180; Section 87 by adding the following Section G entitled "Restrictions on the Keeping of Farm Animals": (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar fan-n animals shall be kept on a parcel of land less than one and one half(1 1/2) acres in land area. For a parcel that is at least one and one half(1 1/2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. Nuisance. In law, "Nuisance" is defined as an act, object, or practice that interferes with another's rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful. Such activities such as obstructing a public road, polluting air and water, operating a house of prostitution, or keeping explosives are public nuisances and constitute criminal violations. A private nuisance is an activity or condition (i.e. excessive noise, disagreeable odor, even hordes of flies from a neighbor's manure pile) that interferes with the use and enjoyment of one's property and that may be a cause of action in civil litigation. An attractive nuisance is something on onels property that poses a risk to children or others who may be attracted to it. Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property. Licensing. Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Zoning Board of Appeals and the Department of Public Health on a form application provided by that office, with payment of a fee set by the Agawam City Council. Application Contents. The application for such license shall include information on the location of the subject property, the size of the property, the number of animals to be kept on the property,the nature of any shelters and enclosures, a scaled drawing showing the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject areas and any other information items listed on the registration form, as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of such license if it determines that the application meets all requirements of this Section. No license shall be issued until the Department of Building Inspection has determined that the required site drawing and associated information demonstrates that the property meets all requirements concerning the installation and placement of enclosures, fences, cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such information in a prior license application. Enforcement. The Department of Public Health or the Director's Designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding sanitation and nuisances and operational practices in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Building Inspector or the Inspector's designee shall have the authority to inspect any property to detennine compliance with the regulations of this Section regarding the construction and permitted placement of enclosures, fences, cages, coops, stables and other structures used in the keeping of farm animals an� shall have the authority to enforce the regulations of this Section as they apply to such matters. The Zoning Board of Appeals may vary the regulations of this Section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. Definitions. Farm Animal. "Farm Animal" means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an "exotic animal" and is not a house pet such as a dog, car or similar animal. Enclosure. "Enclosure" means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area. Coop and Cage. "Coop" and "Cage" means a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals. Dated this day of -12010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President,Agawam City Council APPROVED AS TO FORM AND LEGALITY Vincent Gioscia,City Solicitor F Ad TowN OF AGAwAm INTEROFFICE MEMORANDUM TED To: Robert Rossi, Vice President From: Vincent Gioscia Date: June 17, 2010 Subject: TOR 2010-3 The Law Department has reviewed your proposed ordinance as to form and legality. Certain issues have been identified regarding particular aspects of this proposal to amend Massachusetts Chapter 180 §37. To facilitate the modification of these provisions, so that they are in conformance with the Massachusetts General Laws, the issues are highlighted below and briefly discussed. Additional points of interest are also likewise addressed in this memorandum. The Agawam City Council cannot amend the Massachusetts General Laws, which are enacted on the state level. Additionally, the referenced M.G.L. chapter 180 §37 and §87 do not exist. It seems most likely that this is a proposal to amend the Agawam Town Code, chapter 180, Article VII, §180-37. While this is presumably a typographical error, alteration is required for compliance with the General Laws. Agawam Town Code Chapter 180, Article VII, §180-3 7(B) allows, as a matter of right, the operation of"[flarms, dairies... and buildings or structures accessory thereto" in any C") F%4 lc:> Agricultural district, regardless of the size of the parcel, This proposed ordinance would S2 4-- C= interfere with many aspects of these currently-allowed uses. Please note that "farm" is often assigned an expansive definition by the courts. See M.G.L. ch. 128 §IA. As currently written, this proposed ordinance purports to merely add an unrelated ZD provision regulating the keeping of farm animals. However, the "addition," in effect. is an >C:) amendment to an existing provision that directly conflicts with a currently allowable use P Agricultural land. Various provisions within this proposed ordinance conflict with M.G.L. ch 40A §3. According to M.G.L. ch. 40A §3, "[n]o zoning ordinance or by-law shall... prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture... nor prohibit, or unreasonably regulate, or require a special permit for the use, expansion, or reconstruction of existing structures thereon for the primary purpose of agriculture.,. including facilities for the sale of produce [if certain conditions are met], except that all such activities may be limited to parcels of more than five acres in area not zoned for agriculture." For your convenience, segments of the above General Law will be addressed separately. A) "No zoning ordinance... shall... prohibit... the use of land for the primary purpose of agriculture... except that all such activities may be limited to parcels of more than five acres in area not zoned for agriculture." Because this ordinance applies to Agricultural lands, the exception allowing for the regulation of parcels consisting of less than five acres does not apply. Therefore, all proposed regulations must be reasonable and a municipality must not out rightly prohibit any agricultural uses. This proposed ordinance contains a blanket prohibition of the keeping of"goats, pigs, sheep or similar farm animals" on a parcel of agriculturally zoned land consisting of less than one and one half acres in size. This prohibition is, on its face, contrary to the General Laws and cannot stand. Couching this interdiction in nuisance terms does not alleviate its illegality. As far as the ordinance applies to parcels of agriculturally zoned land and agricultural uses, which have historically be given broad interpretation, these activities cannot be prohibited even if such uses are thought to constitute a nuisance to neighboring properties. Modem Continental Construction, 8 Mass L. Rep. 324-(1998)(citing Moulton v. Building Inspector of Milton,-312 Mass. 195. 197 �1942)). B) "No zoning ordinance... shall... unreasonably regulate... the use of land for the primary purpose of agriculture." Even if the blanket prohibition was removed, the existing licensing provisions of the proposed ordinance, which would allow for the keeping of farm animals upon approval of certain boards, could be considered unreasonable and unduly burdensome. The application process for obtaining a "license"mandates that an applicant provide the location and size of the property, the number of animals to be kept, "a scaled drawing showing the precise location of[agriculturally related structures]," and photographs, Additionally, the license must be renewed each year, and the applicant must provide additional information, such as a new scaled drawing and photographs, if conditions, such as the number of animals or the precise location of structures, have changed. As this section of the General Laws is 'interpreted broadly and with the aim to preserve and promote the agricultural development of land, the courts generally look unfavorably upon strict regulations. Town of Natick v. Modem Continental Construction. 8 Mass L. Rep. 524 (1998), se also Cumberland Farms of Connecticut, Inc. v. Zoning Board of Appeal of North Attleborough-359 Mass. 68, 74 (1971). Due to the burdensome process provided by this proposed ordinance, it is my opinion that it violates the sprit, purpose and goals of the Massachusetts General Laws. Additionally, the license requirement, and likely this amendment as a whole, would not pass the reasonableness test established in Cumberland Farms. Cumberland Farms held that, based on the fact that the municipality "has separated agriculture out for separate zoning treatment, the regulation must bear a reasonably direct relation to significant considerations of public health, morals, safety, and welfare, based on findings justified by substantial evidence." Id. at 74. Although Cumberland Farms was decided under a previous version of M.G.L. ch 40A §3, the standard established for determining the reasonableness of regulations continues to be utilized. The requirements of this proposed license and amendment are not directly and significantly related to public health, morals, or welfare considerations. To the extent that these proposals are related to the protection of the health and welfare of citizens, no supporting evidence has been provided. Therefore, it is highly likely that a court would find the licensing provisions unreasonable. Q ;&No zoning ordinance shall... require a special permit for the use of land for the primary purpose of agriculture." This proposed ordinance, as described in the third paragraph of subsection G, expressly allows the keeping of farm animals if acreage requirements are satisfied. No license or permitting requirements are armunciated. However, paragraph six requires the approval of various governmental bodies before the keeping of animals an agricultural land is allowed. This requirement is referred to as the issuance of a"license" within the proposed amendment. Although agricultural lands are exempted from zoning regulations, licensing requirements are permissible. Modem Continental Construction, 8 Mass L. Rep. 524 (1998). However, this "license" is more appropriately titled a "special pen-nit," as the use is allowed only permission from the relevant mun I I icipal bodies is granted and because 'I pertains exclusively to land uses. A special permit is a zoning regulation; thus, it is expressly banned by the General Laws so far as it pertains to agricultural lands and uses. According to the Agawam Town Code Chapter 103, Article 1, §103-8, piggery licenses are obtainable from the Health Department for$40. Your proposed ordinance contends to regulate the keeping of pigs and other like animals on Agricultural lands for a fee. These provisions contain express and implied conflicting terms that must be resolved, If the licensing provision was altered such as to render it, in application, a license and not a special permit, certain vagueness issues are troublesome. According to the proposal, the license "shall be granted" by the ZBA and Department of Public Health (see paragraph entitled "Licensing"). The term "shall" implies that the ZBA and Department of Public Health n7list approve the license, and does not reserve discretion to these bodies. However, the paragraph entitled "License Approval" states that the Department of Public Health alone "shall approve the... license if it determines that the application meets all requirements qf this Seciion" (emphasis added), but also states that no license may be issued unless the Department of Building Inspection determines that any proposed structures are copasetic. I Therefore, issues exist as to the amount of discretion afforded to the deciding body and as to which body possesses granting authority. Additionally, there are no provisions applicable to the situation in which an expansion of approved structures or an increase in the number of animals occurs before the license term expires. According to M.G.L. ch 40A §5, certain bodies may initiate a petition to amend the zoning code. The city council is one such body; however, individual council member are not authorized sponsors under the General Laws, Therefore, you, as an individual member of the council, may not submit a proposed zoning amendment for consideration, I am attaching for your reference a copy of the process for the adoption of a zoning ordinance. The above discussed issues primarily concern the relation of provisions within the proposed ordinance to the Massachusetts General Laws and the Code of the Town of Agawam. One final point of interest pertains to the scope of this amendment and its impact, or more accurately lack of impact, on property owners who currently keep farm animals on their agriculturally zoned land. The Zoning Code for the Town of Agawam concurs with state law in declaring that land uses which, prior to the adoption of a zoning amendment, are in conformance with the zoning code may continue after the enactment of an amendment that renders the existing use in nonconformance. See Agawam Town Code Chapter 180, Article 1, §180-7. Therefore` the applicability of this ordinance, if amended to conform to the General Laws, would be limited exclusively to uses begun following its enactment. For the above referenced reasons I am unable to sign the ordinance as conforming with the General Laws of The Commonwealth of Massachusetts. Furthermore, as you are aware, there is currently a case pending before the Land Court which may directly affect the construction of the proposed ordinance. It may be prudent to wait for this litigation to come to a close and use the opinion of the court as guidance, Lastly, the proposed ordinance that you submitted to the Law Department for review as to legality and form is a public record. Every document, paper, record, map, photograph, etc,, that is "made or received by any officer or employee of any Massachusetts governmental entity" is presumed to be a public record. M.G.L. ch 4 §7(26). Eighteen (18) exceptions to this rule are currently recognized and expressly enunciated in relevant portions of the General Laws. M.G.L. ch. 4 §7(26)(a-s). These exceptions are strictly construed by the courts. see Attorney General v. Assistant Commissioner of the Real Property Department of Boston, 380 Mass. 623, 625 (1980). None of the listed exceptions are applicable to the document at hand, to particular portions of the document, or to information contained within the document. It is possible that this document may be protected by the attorney-client privilege, as the privilege has been held applicable to confidential communications between governmental entities and their legal counsel undertaken for the purpose of obtaining legal advice or assistance. Suffolk Constr. Co. v. Div. of Capital Asset Mgmt., 449 Mass. 444, 449-450 (2007). However, the Town of Agawam is the client, not the individual employees or officers. Thus, the internal distribution of this document for purposes of evaluation of its legality is proper, and may be required if necessary to obtain comprehensive legal guidance. Should you have any questions, you may contact the Law Department. -ExEcuTm OFFICE OF - COMMUNITIES & DmioPmENT Michael S. Wkikis, Govenior �12 Vol. 4 , Edition -No . Amv N.Anthow. �ecretar% February, '1?,&?, THE PROCESS OF ADOPTING A ZONING PROPOSAL The Zoning Act provides a specific procedure which a municipality must follow �when adopting or amending its zoning bylaw. It is important that local officials understand the procedural requirements so as to prevent unnecessary litigation and avoid having the Attorney General disapprove a bylaw due to a procedural defect. This edition of the Land Use Manager highlights the procedural requirments of the Zoning Act which must be followed when adopting or amending a zoning bylaw or ordinance. For detailed language regarding this procedure, please refer to Chapter 40A, Section 51 MGL. if after reading the statute you are still unsure as to a particular issue, we would suggest that you seek the advice of your Town Counsel or City Solicitor. STEP I initiation The process of adopting or changing a zoning bylaw begins with the filing of the proposal with the City Council or Board of Selectmen. A proposal may be initiated by: 1. a City Council 2 .%- a Board of Selectmen 3 . a Zoning Boa-rd of Appeals 4 . an individual who owns land which would be affected by the proposal D Donald J. Schmidt, Editor 617/727-3197 100 Cambridge Street, Room 904 1/800/392-6445 Boston, Massachusetts 02202 Cl 5 . ten or more registered voters for an annual town meeting, or one hundred registered voters or ten percent of the total number of registered voters, whichever is less , for a special town .meeting. 6 . ten registered voters in a city 7 . a Planning Board 8 . a Regional Planning Agency 9 . other methods provided by a municipal charter STEP 2 Submission to Planning B6ar Within fourteen days of receipt, the City Counctl or Board of Selectmen must submit the zoning proposal to the Planning Board for their review. .The statute is silent a$ to the failure of either the Board of Selectmen or City Council to submit the proPosal to the Planning Board within the required fourteen day period. We must assume that any examination of a proposal must be completed within the fourteen days. However, in considering the Court' s rationale in Vokes V. Lovell, 18 Mass , App. Ct. 471 ( 1984 ) , the fourteen day period may only be directory and not mandatory. STEP 3 Public Hearing No zoning proposal may be adopted without a publLc hearing . The purpose of the public hearing is to give interested persons a chance to express their views and ooinions . Doliner V. Town Clerk of Millis, 343 Mass . lb ( 1961) ; G'ricus v. guoerintendent and Inspector of Buildings of Cambridge, 345 Mass . 687( 1963 ) . In towns , the Planning Board must hold a public hearing within sixty-five days after the zoning proposal has been submitted to the Planning Board by the Board of Selectmen . If there is no Planning Board, the Board of , sel-2ctmen must hold the public hearing within sixty-five days after the zoning proposal has been submitted to them by one of the parties authorized to initiate a proposal . 2 In ci,ties, the Planning Board, and the City Council or 'Committee designated or appointed by the City Council for such purpose, must hold the public hearing within 65 days after the zoning proposal has been submitted to the Planning Board by the City Council. If there is no Planning Board, the City Council or committee designated or appointed for such purpose, must hold a public hearing within sixty- five days after the zoning proposal has been submitted to the City Council by one. of the parties authorized to initiate a proposal . on several occasions a question has arisen as to whether the statutory scheme requires separate hearings by the city Council or its committee and the Planning Board . Under similar language in Chapter 40A, MGL, prior to amendment by St . 1975, Chapter 808, a majority of the Massachusetts Supreme Court in Wood v. Newton, 351 Mass . 98 (1966) , held that a joint hearing by a Planning Board and Board of Alderman was permissible. STEP 4 Public HearinT Notice The hearing authority must give notice of the publtc hearing. Notice of the public hearing must be published in a newspaper of general circulation in the municipality once in each of two successive weeks . The first publication cannot be less than fourteen days before the day of the hearing. (Do not count the day of the hearing in the fourteen days . ) Notices of the public hearing do not have to be pubished in a newspaper a full week apart , but must be published in separate calendar weeks which are successive . Crall v. Leominster, 362 Mass. 95 (1972) . In addition to newspaper publication, the same notice must be posted in a conspicious place in the city or town hall for a period of not less than fourteen days before the day of the public hearing, and copies of the notice must also be sent by mail, postage prepaid, to; I. the State Department of Community Affairs 2 . the Regional Planning Agency of the area, if any, and 3 . the Planning Board of all abutting cities and towns 3 4 . if the zoning ordinance or bylaw provides for notification of nonresident property owners when there is a boundary or use change within a district, then notice must be sent to any such property owner who files an annual request for notice with the municipal clerk no later than January first each year and pays any required Eees. The public hearing notice must contain the following inEormation: 1 . the time, date and place of the public hearing 2 . the subject matter of the public hearing sufficient for identification 3 . the place where the texts and maps may be ' inspected. NOTE: A notice which described the general area of a map change proposal and specified where a plan and detailed petition could be examined sufficiently identified the proposal so as to alert interested parties . Crall v. Leominster, 362 Mass . 95 ( 1972 ) . STEP 5 Planning Board Report Following the public hearing, the Planning Board is allowed the opportunity to submit a report with recommendations to the City Council or Town Meeting. If thl� Planning Board fails to do so within twenty-one days after the hearing, the legislative body -may proceed in the abs(-,nce of such a report. NOTES: The Planning Board report must include recommendations on whether or not a proposal should be adopted. Shannon v. Building Inspector of Woburn, 328 Mass . 633 ( 1952) ; Caputo 'v. Board of__Appeals of Somerville, 330 Mass . 107 ( 1953) ; Rousseau V. Buildin InUector of Framingham, 349 Mass. 31 ( 1965 ) ; Hallenborg v. Town Clerk of Billerica, 360 i,lass . 513 ( 1971) . 4 CD ZIP NOTES: The Planning Board' s report is only advisory and is not binding on the legislative body. Caires v. Building Commissioner of Hingham, 323 Mass . 589 ( 1949 ) ; Noonan v. Moulton, 348 Mass . 633 ( 1965 ) ; Hallenborg v. Town Clerk of Billerica, 360 Mass . 513 ( 1971 ) ; Maider v. Dover, I Mass . App. Ct. 683 ( 1974) . A Planning Board report which described an area being rezoned as an industrial and apartment district when it was -actually a business district did not invalidate the recommendation for rezoning. Longo v. City of Malden, 350 Mass . 761 ( 1965 ) . The Planning Board may recommend amendments to the original proposal without another public hearing and report if the fundamental character and identity of the proposal are not changed but rather the proposal is merely perfected. Burlin2ton v. Dunn, 318 Mass . 216 ( 1945) ; Doliner v. Town Clerk of Millis, 343 Mass . 10 ( 1961) . A "statement by t�e Planning Board that it was unable to make any recommendations due to a tie vote of its members does not constitute a report with recommendations . Whittemore y. Town Clerk of Falmouth, 299 mass . 64 ( 1937 � . A report of the Planning Board is a condition precedent to the adoption of zoning. The Town Meeting (or City Council] has no jurisdiction to take up adoption of zoning changes without a Planning Board report with recommendations or before the lapse of the twenty-one day period. without jurisdiction, any action in adopting a zoning (�hange would be a nullity. Whittemore v. Town of Falmouth, 299 Mass. 64 ( 1937 ) ; Canton v. Bruno, 361 Mass . 598 ( 1972 ) . 5 STEP 6 The Vote After receipt of the Planning Board's report or after tha lapse of the twenty-one day period without such report, the lesiglative body may adopt, amend or reject the zoaing proposal . The required votes to adopt or change a zoning ordinance or bylaw are as follows; 1 . a two-thirds vote of Town Meeting 2 . a two-thirds vote of all members of Town Council 3 . a two-thirds vote of all members of City Council 4 . a two-thirds vote of all members of each branch where there is a two branch form of government 5 . for councils with less than twenty-five MeMbers, a three-fourths vot'e of all members of a Town Council or a City Council or a three-fourths vote of all members of each branch where there are two branches, when* there is a written protest filed against the zoning change by the owners of twenty percent or more of the area to be included in such change, or of the area of land immediately adjacent extending three-hundred feet from the boundary of the area affected by the proposal. If the Town Meeting fails to vote to adopt the zoning proposal within six months after the hearing by the PlaLining Board, no action can be taken on that or000�,-al until after a subsequent notice , another public heacing and report by the Planning Board. If a City or Town Council fails to vote to adopt the zoning proposal within ninety days after the hearing by the Planning Board, no action can be taken on that proposal until after a subsequent notice, public hearings or joiiir- hearing and report by the Planning Board. 6 C C7, NOTES. If the identity of the zoning proposal is utterly changed by an attempted amendment by Town Meeting. The Planning Board must hold a new public hearing and submit a new report . Fish v. Canton, 322 Mass . 219 ( 1948) . A new notice, hearing and reportis required if the amendment to the zoning proposal: 1 . changes the identity or substantial character of the original zoning proposal; 2 . fundamentally departs from the original proposal; or 3 . radically differs from the original proposal. Amendments by Town Meeting to �Ln original zoning proposal which did not require a new public hearing were upheld in: Sullivan v. Board of Selectmen of Canton, 346 Mass . 784 ( 1964) ; Johnson v. FraminS(ham, 354 Mass . 750 ( 1968) ; Daly Dry Wall v. Board of Appeals of Easton, 3 Mass . App. Ct. 706 ( 1975) . Amendments by Town Meeting to an original zoning proposal without a new public hearing were overturned in: Nelson v. Belmont, 274 Mass . 35 (1931) ; Fish v. �Eanton, 322 Mass . 219 ( 1948) . Changes in the membership of a Board of Alderman after the public hearing, but before the vote on a zoning proposal does not require the newly constituted board to hold another hearing before it can vote on the proposal . Morgan v. Banas, 331 Mass. 694 ( 1954 ) ; Gricus v. Superintendent and Inspector of Buildings of Cambridge, 345 Mass. 687 ( 1963 ) . For a discussion regarding the requirement for an extraordinary vote when a protest is filed, see Trumper v. Quincy, 358 Mass. 311 ( 1970 ) ; Parisi v. Gloucester,- 3 Mass . App. Ct. 680 ( 1975) . 7 STEP 7 Unfavorable Action If a City Council or Town Meeting acts unfavorably on a zoning proposal , such zoning proposal can not be consi�lered by the City Council or Town Meeting within two years from the date of the unfavorable action unless tho adopt-ion of the zoning proposal is recommended in the �i.nal report of the Planning Board. What is meant by the terminology "is recommended in the final report of the Planning Board" is open to d--'o a t a. It would appear that the meaning of final report is the last report of the Planning Board before the' unfavorable action by the legislative body. A literal interpretation of the word "final" would result in that reoort which concludes or completes action on a particular issue . However, the terminology "is recommended in the final report" could mean the last report of the Planning Board in a sequence of events leading up to a particular legislative action. Most of the repetitive petition paragraph is phrased in the past tense, yet the Planning Board' s report follows the words "is recommended" which indicat,as an action in the present tense. Therefore, it appears that a proposal could be reheard by the Planning Board after -,the unfavorable action by the legislative body and during the two year time period; but unless the adoption of such proposal is recommended in one of the final reports fol,lowing a public hearing, the legislative body MUSZ wait the two years before it can reconsider such proposal . In Ki4ty v. Sering i�eld 343 Mass . 321 ( 1961 ) , tho court noted that the repetitive petition provision indicated "a legislative intention that, with respect to changes not recommended by the planning board, unfavorable action by a city council shall for two year5 prevent any new action oE the same character . " How this statement relates to the final report issue is unclear as Kittv did not center on the question as to what con--.,-t:-i-1�.,tes a final z:eport' as in that case the Board ' s r t v as fa v o r-a b I e 8 STEP 8 Approval of Attorney General (applies only to Towns) After Town Meeting has adopted a zoning proposal , the proposal must be submitted to the Attorney General [or approval as cequired by Chapter 40, Section 32, MGL. A statement must also be sent which explains the proposal. This statement may be prepared by the Planning Board. After the proposal has received the Approval of the Attorney General, the Town must publish the proposal in a bulletin or pamphlet and post it, or publish the proposal in a newspaper pursuant to Chapter 40 , Section . 32 , MGL. STEP 9 Copy to DCA After the approval of a zoning proposal by the Attorney General and after the adoption of a zoning proposal by the City Council, a copy of the latest effective zoning ordinance or bylaw must be sent by the City or Town Clerk to the Department of Community Affairs . The current mailing address is as follows : Department of Community Affairs Attn: Donald J. Schmidt 100 Cambridge Street Boston, Massachusetts 02202 STEP 10 Claims of Invalidity Due to a Procedural Defect After adoption of a zoning proposal, legal action may be commenced regarding defects in the procedure of adop:tion. 1. Chapter 40A, Section 5 , MGL, provides that legal action may be commenced within one-hundred and twenty days after adoption of an ordinance or bylaw. 9 2 . Chaot2r 40 , Sections 32 and 32A, MGL, provides that 1-:�.il actton may be commenced within ninety days af tr2r the ',-)ylaw or ordinance is posted or has been publirho,l ror the second time in a newspaper. until this inconsistency in the law is resolved by the courts or by corrective legislation, the more conservative approach would be that an appellant may bring an appeal within the longer of the two time If action is commenced, a copy of the petition submitted to the court must be filed with the City or- 'rown Clerk within 7 days after the court action is co;nmcnced. Unless an ordinance or bylaw is found to be invalid thr'ough the above action, a claim of invalidity based on a proceiural defect may not be made in futurt� legal proceedings. General -Provisions Zoning bylaws and ordinances become effective on the date they are adopted by the legislative body. This statement seems simple enough but it does raise a number of issues . Although a zoning proposal takes effect on the date it was adopted by the legislative body, it will reach back and affect certain builling or special permits that were issued prior to thi-� adoption date . The enforcement and retroactivity of zoning proposals will be covered in a future edition of the Land Use Manaqer. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - As was noted in this edition of the Land Use Chapter 40A, Section 5, MGL requires that the Deoartment of Community Affairs must be notified as to any public inearing scheduled by the Planning Board or City Council relative to a proposed zoning change. In order for our records to show that we have been properly noti . ie,], such notices must be received by the Department prior to the date of the scheduled huaring . 10 C11 In order to be assured that our records reflect proper notice, please mail such public hearing notices to the following address : Donald J. Schmidt Executive Office of Communities and Development 100 Cambr i idge Street Boston, MA 02202 - - - - - - - - - - - - - - - - - - - - - - - - - - Last year, the Office of the Attorney General wrote to all Planning Boards and commented on a number of the common mistakes and omissions that occur when submitting zoning bylaws to that Office for approval. Among the mistakes noted were: 1. failure to include a copy of the newspaper advertisement for the Planning Board' s hearing that shows ail dates of publication. 2 . failure to correlate the items in the advertisement with the warrant articles to which they apply. 3 . failure to adequately incivae in the advertisement the subject matter sufEicient for identification of each proposed change. 4 . failure to certify the date when notice was sent to the Department of Commuity Affairs, the Regional Planning Agency and abutting cities and towns and others . 5 . failure to document the reporting process followed by the local Planning Board in its report to the town meeting. Commonwealth of Massachusetts Executive Office of Communities and Development Division of Municipal Development 100 Cambridge Street - Room 904 Boston, Massachusetts 02202 'Planning Board Town Hall Agawam, LMA 01001 A TowN OF AGAwAm INTEROFFICE MEMORANDUM To: Debbie Dachos, Planning CC: Robert Rossi From: Kristen Sopet Date: June 4, 2010 Subject: Farm Animal Zoning Amendment Dear Ms. Dachos: Following, please find a copy of a proposed resolution to restrict the keeping of farm animals in Agawam, authored by Vice President Robert Rossi. The Law Department is reviewing this proposed resolution and requests that you review the document as well. Please forward your comments to the Law Department as soon as possible. A written response is requested. If you have any questions, please let me know. Thank you, Kristen Sopet F A Town of Agawam Inspection Services Department Building Inspection Code Enforcement .1000 Suffield Street, Agawam, MA 01001 Telephone - (413) 821-0632 Fax (413) 821-0637 Dorninic Urbinati Richard Bosini inspector of Buildings Electrical Inspector --------------------- Scaler of Weights&Measures John C. Stone Enforcement Officer Code Enforcement Officer MEMO ----------------- Michael Day Plumbing Inspector Cross Connection Tester DATE: June 3, 2010 TO: Kri�ten Sopet Law Department FROM: Dominic Urbinati, Inspector of Buildings ell CC: Vice President Robert Rossi 00 RE: Farm Animal Zoning Amendment This memo is in response to your request dated June 2, 2010, regarding the above referenced amendment. Richard Bosini, Assistant Building Inspector, does not agree with any part of this amendment, and would like Chapter 180, Section 37 to remain as is. My comments are as follows: I. Must have three (3) or more acres for two (2) such animals,.and an additional one-half(1/2) acre for any additional one (1) animal. 2. Does not require Board of Appeals approval. 3. Stables and enclosures for such animals shall not be pen-nitted within one hundred feet (100') of front setback and not within forty(40') feet from side and rear lines. 4. The Health Department must approve site plan for placement of such animals and their enclosures. The Health Department must inspect all properties, for which they have issued a license to, once during the licensing calendar year, and a copy of said report must be sent to the Inspection Services Department and the Animal Control Officer. 6. The zoning for this resolution is allowed only in Agricultural, Business A, Business B, Industrial A, and Industrial B zones. 7. Please address the keeping and/or raising of poultry whether for the table or other purposes. 8. Please define "exotic animal" Should you need any additional information, or assistance regarding this matter, please do not hesitate to contact this office, I -j o, V L P.S. Correct car to cat under farm animal definitions -;31130 �09 TowN OF AGAwAm INTEROFFICE MEMORANDUM To: Debbie Dachos, Planning CC: Robert Rossi From: Kristen Sopet Date: June 4, 2010 Subject: Farm Animal Zoning Amendment Dear Ms. Dachos: Following, please find a copy of a proposed resolution to restrict the keeping of farm animals in Agawam, authored by Vice President Robert Rossi. The Law Department is reviewing this proposed resolution and requests that you review the document as well. Please forward your comments to the Law Department as soon as possible. A written response is requested. If you have any questions, please let me know. Thank you, C� Kristen Sopet :ZLn F A TOWN OF AGAWAM 4%, INTEROFFICE MEMORANDUM TED To: Randy White, Health Dept Dominic Urbinati, Inspection Services Allison Strong, Animal Control CC: Robert Rossi From: Kristen Sopet Date: June 2, 201�O Subject: Farm Animal Zoning Amendment Dear Mr. White, Mr. Urbinati, and Officer Strong: Following, please find a copy of a proposed resolution to restrict the keeping of farm animals in Agawam, authored by Vice President Robert Rossi. The Law Department is reviewing this proposed resolution and requests that you review the document as well. Please forward your comments to the Law Department as soon as possible. A written response is requested. If you have any questions, please let me know. Thank you, Kristen Sopet n TR-2010-31 A RESOLUTION AMENDING MASSACHUSETTS GENERAL LAWS CHAPTER 180, §37 BY ADDING SECTION G "RESTRICTIONS ON THE KEEPING OF FARM ANIMALS" (Sponsored by Vice President Robert E. Rossi) WHEREAS, agricultural operations have become the subject of nuisance complaints where residential development extends into or adjoins areas of agricultural land; and WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam-, NOW THERE FORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one And one half(I V2) acres in land area. For a parcel that is at least one and one half (1 1/2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. BE IT FURTHER RESOLVED that the Agawam City Council hereby resolves to amend M.G.L. Chapter 180; Section 87 by adding the following Section G entitled "Restrictions on the Keeping of Farm Animals": (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a mariner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the follo%king regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(I Y2) acres in land area. For a parcel that is at least one and one half(1 1/2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. Nuisance. In law, "Nuisance" is defined as an act, object, or practice that interferes with another's rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful. Such activities such as obstructing a public road, polluting air and water, operating a house of prostitution, or keeping explosives are public nuisances and constitute criminal violations. A private nuisance is an activity or condition (i.e. excessive noise, disagreeable odor, even hordes of flies from a neighbor's manure pile) that interferes with the use and enjoyment of one's property and that may be a cause of action in civil litigation. An attractive nuisance is something on one's property that poses a risk to children or others who may be attracted to it. Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property. Licensing. Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Zoning Board of Appeals and the Department of Public Health on a form application provided by that office, with payment of a fee set by the Board of Appeals. Application Contents. The application for such license shall include information on the location of the subject property, the size of the property, the number of animals to be kept on the property, the nature of any shelters and enclosures, a scaled drawing showing the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject areas and any other information items listed on the registration forin,as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of such license if it determines that the application meets all requirements of this Section.. No license shall be issued until the Department of Building Inspection has determined that the required site drawing and associated information demonstrates that the property meets all requirements concerning the installation and placement of enclosures, fences, cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such information in a prior license application. Enforcement. The Department of Public Health or the Director's Designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding sanitation and nuisances and operational practices in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Building Inspector or the Inspector's designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding the construction and permitted placement of enclosures, fences, cages, coops, stables and other structures used in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Zoning Board of Appeals may vary the regulations of this Section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. Definitions. Farm Animal. "Farm Animal" means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an "exotic animal" and is not a house pet such as a dog,car or similar animal. Enclosure. "Enclosure" means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roarn relatively freely in an open yard area. Coop and Cage. "Coop" and "Cage" means a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals. Dated this day of -92010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President, Agawam City Council APPROVED AS TO FORM AND LEGALITY Vincent Gioscia,City Solicitor TOR-2010-3 AN ORDINANCE AMENDING MASSACHUSETTS GENERAL LAWS CHAPTER 180, §37 BY ADDING SECTION G 44RESTRICTIONS ON THE KEEPING OF FARM ANIMALS" (Sponsored by Vice President Robert E. Rossi) WHEREAS, agricultural operations have become the subject of nuisance complaints where residential development extends into or adjoins areas of agricultural land; and WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 1/7.) acres in land area. For a parcel that is at least one and one half (1 1/7.) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. BE IT FURTHER RESOLVED that the Agawam City Council hereby resolves to amend M.G.L. Chapter 180; Section 87 by adding the following Section G entitled "Restrictions on the Keeping of Farm Animals": (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 1/2) acres in land area. For a parcel that is at least one and one half(1 1/2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be -set back at least one hundred (100) feet from a dwelling on another parcel or ftom the permitted placement of a dwelling on an adjoining vacant parcel. Nuisance. In law, "Nuisance" is defined as an act, object, or practice that interferes with another's rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful. Such activities such as obstructing a public road, polluting air and water, operating a house of prostitution, or keeping explosives are public nuisances and constitute criminal violations. A private nuisance is an activity or condition (i.e. excessive noise, disagreeable odor, even hordes of flies from a neighbor's manure pile) that interferes with the use and enjoyment of one's property and that may be a cause of action in civil litigation. An attractive nuisance is something on one's property that poses a risk to children or others who may be attracted to it. Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property. Licensing. Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Zoning Board of Appeals and the Department of Public Health on a form application provided by that office, with payment of a fee set by the Agawam City Council. Application Contents. The application for such license shall include information on the location of the subject property, the size of the property, the number of animals to be kept on the property, the nature of any shelters and enclosures, a scaled drawing showing the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject areas and any other information items listed on the registration form, as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of such license if it determines that the application meets all requirements of this Section. No license shall be issued until the Department of Building Inspection has determined that the required site drawing and associated infort-nation demonstrates that the property meets all requirements concerning the installation and placement of enclosures, fences, cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such infort-nation in a prior license application. Enforcement. The Department of Public Health or the Director's Designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding sanitation and nuisances and operational practices in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters, The Building Inspector or the Inspector's designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding the construction and permitted placement of enclosures, fences, cages, coops, stables and other structures used in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Zoning Board of Appeals may vary the regulations of this Section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. Definitions. Farm Animal. "Farm Animal" means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an "exotic animal" and is not a house pet such as a dog, car or similar animal. Enclosure. "Enclosure" means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area. Coop and Cage. "Coop" and "Cage" means a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals. Dated this day of 2010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault,President, Agawam City Council APPROVED AS TO FORM AND LEGALITY Vincent Gioscia,City Solicitor TOR-2010-3 AN ORDINANCE AMENDING MASSACHUSETTS GENERAL LAWS CHAPTER 180, §37 BY ADDING SECTION G 66RESTRICTIONS ON THE KEEPING OF FARM ANIMALS" (Sponsored by Vice President Robert E. Rossi) WHEREAS, agricultural operations have become the subject of nuisance complaints where residential development extends into or adjoins areas of agricultural land; and WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(I VS) acres in land area. For a parcel that is at least one and one half (1 1/2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. BE IT FURTHER RESOLVED that the Agawam City Council hereby resolves to amend M.G.L. Chapter 180; Section 87 by adding the following Section G entitled "Restrictions on the Keeping of Farm Animals": (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 1/2) acres in land area. For a parcel that is at least one and one half(1 1/2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional TR-2010-31 A RESOLUTION AMENDING MASSACHUSETTS GENERAL LAWS CHAPTER 180, §37 BY ADDING SECTION G "RESTRICTIONS ON THE KEEPING OF FARM ANIMALS91) (Sponsored by Vice President Robert E. Rossi) WHEREAS, agricultural operations have become the subject of nuisance complaints where residential development extends into or adjoins areas of agricultural land; and WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(I !/;i) acres in land area. For a parcel that is at least one and one half (I Y2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for. each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. BE IT FURTHER RESOLVED that the Agawam City Council hereby resolves to amend M.G.L. Chapter 180; Section 87 by adding the following Section G entitled "Restrictions on the Keeping of Farm Animals": (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs,Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the- keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 112.) acres in land area. For a parcel that is at least one and one half(I Y2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. Nuisance. In law, "Nuisance" is defined as an act, object, or practice that interferes with another's rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful. Such activities such as obstructing a public'road, polluting air and water, operating a house of prostitution, or keeping explosives are public nuisances and constitute criminal violations. A private nuisance is an activity or condition (i.e. excessive noise, disagreeable odor, even hordes of flies from a neighbor's manure pile) that interferes with the use and enjoyment of one's property and that may be a cause of action in civil litigation. An attractive nuisance is something on one's property that poses a risk to children or others who may be attracted to it. Sanitation and Nuisan'ces. Farm animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property. Licensing. Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Zoning Board of Appeals and the Department of Public Health on a form application provided by that office, with payment of a fee set by the Board of Appeals. Application Contents. The application for such license shall include information on the location of the subject property, the size of the property, the number of animals to be kept on the property, the nature of any shelters and enclosures, a scaled drawing showinj the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject areas and any other information items listed on the registration form, as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of such license if it determines that the application meets all requirements of this Section. No license shall be issued until the Department of Building Inspection has deterinined that the required site drawing and associated information demonstrates that the property meets all requirements concerning the installation and placement of enclosures, fences, cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such information in a prior license application. Enforcement. The Department of Public Health or the Director's Designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding sanitation and nuisances and operational practices in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Building Inspector or the Inspector's designee shall haVe the authority to inspect any property to determine compliance with the regulations of this Section regarding the construction and permitted placement of enclosures, fences, cages, coops, stables and other structures used in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Zoning Board of Appeals may vary the regulations of this Section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. Derinitions. Farm Animal. "Farm Animal" means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an "exotic animal" and is not a house pet such as a dog, car or similar animal. Enclosure. "Enclosure" means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area. Coop and Cage. "Coop" and "Cage" means a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals. Dated this day of 2010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M.Rheault,President, Agawam City Council APPROVED AS TO FORM AND LEGALITY Vincent Gioscia,City Solicitor Page I of I barbara bard From: Robert Rossi [1trer@rnsn.com] Sent: Wednesday, May 26, 2010 7.15 AM To: barbara bard Subject: frarm Barb, I think you're right.. the more detailed nuisance definition is better. I did add the manure pile section as you will see below: Nuisance. - In law, "Nuisance" is defined as an act, object, or practice that interferes with another's rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful. Such activities as obstructing a public road, polluting air and water, operating a house of prostitution, or keeping explosives are public nuisances and constitute criminal violations. A private nuisance is an activity or condition (e.g. excessive noise, disagreeable odor, even hordes of ffies f om a gaighhor's manure piLe) that interferes with the use and enjoyment of one's property and h- that may be a cause of action in civil litigation. An attractive nuisance is something on one's property that poses a risk to children or others who may be attracted to I think we can send it up for legal content and form now.. Thanks, I'll call or stop by later 5/26/2010 TR-2010- A RESOLUTION AMENDING MASSACHUSETTS GENERAL LAWS CHAPTER 180, §37 BY ADDING SECTION G "RESTRICTIONS ON THE KEEPING OF FARM ANIMALS11 (Sponsored by Vice President Robert E. Rossi) WHEREAS, agricultural operations have become the subject of nuisance complaints where residential development extends into or adjoins areas of agricultural land; and WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(I I/z) acres in land area. For a parcel that is at least one and one half (1 1/2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. BE IT FURTHER RESOLVED that the Agawam City Council hereby resolves to amend M.G.L. Chapter 180; Section 87 by adding the following Section G entitled "Restrictions on the Keeping of Farm Animals": (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(I V2) acres in land area. For a parcel that is at least one and one half(1 1/2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. Nuisance. Nuisance is a condition or activity that unreasonably interferes with the use and enjoyment of private property. Examples of nuisances that affect public hcalth include toxic chemicals leaching into a landowner's well water, excessive noise, smoke or other air pollutants, and even hordes of flies from a neighbor's manure pile. Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property. Licensing. Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Zoning Board of Appeals and the Department of Public Health on a fon-n application provided by that office, with payment of a fee set by the Board of Appeals. Application Contents. The application for such license shall include information on the location of the subject property, the size of the property, the number of animals to be kept on the property, the nature of any shelters and enclosures, a scaled drawing showing the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject areas and any other information items listed on the registration form, as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of such license if it determines that the application meets all requirements of this Section. No license shall be issued until the Department of Building Inspection has determined that the required site drawing and associated information demonstrates that the property meets all requirements concerning the installation and placement of enclosures, fences, cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such information in a prior license application. Enforcement. The Department of Public Health or the Director's Designee shall have the authority to inspect any property to deten-nine compliance with the regulations of this Section regarding sanitation and nuisances and operational practices in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Building Inspector or the Inspector's designee shall have the authority to inspect any property to detennine compliance with the regulations of this Section regarding the construction and permitted placement of enclosures, fences, cages, coops, stables and other structures used in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Zoning Board of Appeals may vary the regulations of this Section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. Definitions. Farm Animal. "Farm Animal" means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an"exotic animal" and is not a house pet such as a dog, car or similar animal. Enclosure. "Enclosure" means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area. Coop and Cage. "Coop" and "Cage" means a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals. Dated this day of 2010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President,Agawam City Council APPROVED AS TO FORM AND LEGALITY Vincent Gioscia,City Solicitor TR-2010- A RESOLUTION AMENDING MASSACHUSETTS GENERAL LAWS CHAPTER 180, §37 BY ADDING SECTION G "RESTRICTIONS ON THE KEEPING OF FARM ANIMALS99 (Sponsored by Vice President Robert E. Rossi) WHEREAS, agricultural operations have become the subject of nuisance complaints where residential development extends into or adjoins areas of agricultural land; and WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and WHEREAS, there currently is no definition of Nuisance in the Code of the Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(I Y2) acres in land area. For a parcel that is at least one and one half (I V2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. BE IT FURTHER RESOLVED that the Agawam City Council hereby resolves to amend M.G.L. Chapter 180; Section 87 by adding the following Section G entitled "Restrictions on the Keeping of Farm Animals": (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(I V2) acres in land area. For a parcel that is at least one and one half(I V2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. Nuisance. Nuisance is a condition or activity that unreasonably interferes with the use and enjoyment of private property. Examples of nuisances that affect public health include toxic chemicals leaching into a landowner's well water, excessive noise, smoke or other air pollutants, and even hordes of flies from a neighbor's manure pile. Nuisance -In law, "Nuisance"is defined as an act, object, or practice Ih at interferes with another's rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful. Such activities as obstructing a public road,polluting air and water, operating a house of prostitution, or keeping explosives are public nuisances and constitute criminal violations. A private nuisance is an activit or condition (e.g. excessive noise, disagreeable y odor) that interferes with the use and enjoyment of one's property and that may be a cause of action in civil litigation. An attractive nuisance is something on one's property that poses a risk to children or others who may be attracted to it. Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property. Licensing. Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Zoning Board of Appeals and the Department of Public Health on a form application provided by that office, with payment of a fee set by the Board of Appeals. Application Contents. The application for such license shall include information on the location of the subject property, the size of the property, the number of animals to be kept on the property, the nature of any shelters an&enclosures, a scaled drawing showing the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject areas and any other information items listed on the registration form, as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of such license if it determines that the application meets all requirements of this Section. No license shall be issued until the Department of Building Inspection has determined that the required site drawing and associated information demonstrates that the property meets all requirements concerning the installation and placement of enclosures, fences, cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such information in a prior license application. Enforcement. The Department of Public Health or the Director's Designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding sanitation and nuisances and operational practices in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Building Inspector or the Inspector's designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding the construction and pennitted placement of enclosures, fences, cages, coops, stables and other structures used in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Zoning Board of Appeals may vary the regulations of this Section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. Definitions. Farm Animal. "Farm Animal" means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an "exotic animal" and is not a house pet such as a dog, car or similar animal. Enclosure. "Enclosure" means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area. Coop and Cage. "Coop" and "Cage" means a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals. Dated this day of 2010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President, Agawam City Council APPROVED AS TO FORM AND LEGALITY Vincent Gioscia,City Solicitor TR-2010- .A RESOLUTION AMENDING MASSACHUSETTS GENERAL LAWS CHAPTER 180, §37 BY ADDING SECTION G "RESTRICTIONS ON THE KEEPING OF FARM ANIMALS99 (Sponsored by Vice President Robert E. Rossi) WHEREAS, there are currently no regulations established to permit the keeping of farm animals in Agricultural Districts in the Town of Agawam; and WHEREAS, the Town of Agawam needs to prevent nuisances to occupants of nearby properties and prevent conditions that are unsanitary or unsafe; and WHEREAS, the keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals needs to be governed by certain regulations established within the Town of Agawam; and WHEREAS, there currently is no definition of Nuisance in the Code of the. Town of Agawam; NOW THEREFORE, BE IT RESOLVED that no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(I Y2) acres in land area. For a parcel that is at least one and one half (I V2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. BE IT FURTHER RESOLVED that the Agawam City Council hereby resolves to amend M.G.L. Chapter 180; Section 87 by adding the following Section G entitled "Restrictions on the Keeping of Farm Animals": (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals shall be governed by the following regulations: No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1 1/2) acres in land area. For a parcel that is at least one and one half(I V2) acre in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal, permitted for each additional 2,400 square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel. Nuisance. Nuisance is a condition or activity that unreasonably interferes with the use and enjoyment of private property. Examples of nuisances that affect public health include toxic chemicals leaching into a landowner's well water, excessive noise, smoke or pth(:r air pollutants, and even hordes of flies from a neighbor's manure pile. 615 cuh"d Wd OAA Sanitation and Nuisances. Farm animals shall be kept only in conditions `tat limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property. Licensing. Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Board of Appeals and the Department of Public Health on a form application provided by that office, with payment of a fee set by the Board of Appeals. Application Contents. The application for such license shall include information on the location of the subject property, the size of the property, the number of animals to be kept on the property, the nature of any shelters and enclosures, a scaled drawing showing the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject areas and any other information items listed m the registration form, as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of such license if it determines that the application meets all requirements of this Section. No license shall be issued until the Department of Building Inspection has determined that the required site drawing and associated information demonstrates that the property meets all requirements concerning the installation and placement of enclosures, fences, cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such information in a prior license application. Enforcement. e2 kL A +kef t b-e 0- P -(Rt5 7, Public Health. The Department of Pu nlicealth or the Director's Designee shall have the authority to inspect any property to detem-iine compliance with the regulations of this Section regarding sanitation and nuisances and operational practices in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. Building and Housing. The Building Inspector or the Inspector's designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding the construction and permitted placement of enclosures, fences, cages, coops, stables and other structures used in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. Variances. The Board of Zoning appeals may vary the regulations of this Section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. Definitions L Nuisance - In law, "Nuisance" is defined as an act, object, or practice that interferes with another's rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful. Such activities as obstructing a public road, polluting air and water, operating a house of prostitution, or keeping explosives- are public nuisances and constitute criminal violations. A private nuisance is an activity or condition (e.g. excessive noise, disagreeable odor) that interferes with the use and enjoyment of one's property and that may be a cause of action in civil litigation. An attractive nuisance is something on one's property that poses a risk to children or others who may be attracted to it. Farm Animal - "Farm Animal" means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an "exotic animal" and is not a house pet such as a dog, car or similar animal. Enclosure - "Enclosure" means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area. Coop and Cage - "Coop" and "Cage" means a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals. Dated this day of 92010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President, Agawam City Council APPROVED AS TO FORM AND LEGALITY Vincent Gioscia,City Solicitor CD10 NO Chopter 180 Section 37 (G) Reabictione on the KeepIng of Fenn AnImals Purpose. The regulations of this section are established to permit the keeping of farm animals In Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Shoop and Similar Animals.The keeping of goats, pigs, sheep and Similar farm animals, and stables and enclosures for the keeping of such animals, shall be governed by the following regulations. No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half(1-1/2)Acres in land area. For a parcel that is at least one and one half(1-1/2) Acres in land area, a maximum of two (2)such animals may be kept on the property, with one (1)additional animal permitted for each Additional 2,400 square feet of area. Stables or other enclosures for such animals Shall not be permitted in front yards or in side street yards and shall be set back at Least forty(40)feet from any street and from any property other than a property Located in an I ndustrial District and shall be set badc at least one hundred(100)feet From a dwelling on another parcel or from the permitted placement of a dwelling on an Adjoining vacant parcel Muleence is a condition or activity that unreasonably interferes with the use and enjoyment of private property. Examples of nuisances that affect public health include toxic chemicals leaching into a landowners well water, excessive noise; smoke or other air pollutants; and even hordes of flies from a neighboes manure pile. Sanitstion and Nuisances. Farm animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore,farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property Licensing.Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Board of Appeals and the Department of Public Health on a form application provided by that office, with payment of a fee set by the Board of Appeals. Appilcation Contents.The application for such license shall include information on The location of the subject property, the size of the property, the number of animals to be kept on the property, the nature of any shelters and enclosures, a scaled Drawing shovAng the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject Areas and any other information items listed on the registration form, as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of Such license if it determines that the application meets all requirements of this Section. No license shall be issued until the Department of Building Inspection has determined that the required site drawing and associated information demonstrate that the property meets all requirements concerning the installation and placement of enclosures, fences, Cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such information in a prior license application. Enforcement. Public Health.The Department of Public Health or the Director's Designee shall have the authority to inspect any property to determine compliance with The regulations of this Section regarding sanitation and nuisances and operational Practices in the keeping of farm animals and shall have the authority to enforce The regulations of this Section as they apply to such matters. Building and Housing.The Building Inspector or the Inspector's designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding the construction and permitted placement of enclosures, fences, cages, coops, stables and other structures used In the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters Variances. The Board of Zoning Appeals may vary the regulations of this section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. 0) Definitilons. Nuisance, In law, an act, object or practice that interFem with another's rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful. Such activities as obstructing a public road, polluting air and water, operating a house of prostitution, or keeping explosives are public nuisances and constitute criminal violations. A private nuisance Is an activity or condition (e.g., excessive noise, disagreeable odor)that interferes with the use and enjoyment of one's property and that may be a cause of action in civil litigation. An attractive nuisance is something on ones property that poses a risk to children or others who may be attracted to It Farin Animal. uFarm animal* means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or In the operation of a farm and is not an mexotic animar and is not a house pat such as a dog, cat or similar animal. Enclosure. *Enclosure"means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area. Coop and Cage."Coor and"cagem mean a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals. Chapter 180 Section 37 (G) Restrictions on the Keeping of Farm Animals Purpose. The regulations of this section are established to permit the keeping of farm animals in Agricultural Districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and Similar farm animals, and stables and enclosures for the keeping of such animals, shall be governed by the following regulations. No goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than one and one half (1-1/2) Acres in land area. For a parcel that is at least one and one half (1-1/2) Acres in land area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal permitted for each Addit'ional 2,400 square feet of area. Stables or other enclosures for such animals Shall not be permitted in front yards or in side street yards and shall be set back at Least forty (40) feet from any street and from any property other than a property Located in an Industrial District and shall be set back at least one hundred (100) feet From a dwelling on another parcel or from the permitted placement of a dwelling on an Adjoining vacant parcel Nuisance is a condition or activity that unreasonably interferes with the use and enjoyment of private property. Examples of nuisances that affect public health include toxic chemicals leaching into a landowner's well water; excessive noise; smoke or other air pollutants- excessive noise, disagreeable odor; and even hordes of flies from a neighbor's manure pile. Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property Licensing. Anyone proposing to keep farm animals on a property in the City of Agawam shall be granted approval only by the City of Agawam through its Board of Appeals and the Department of Public Health on a form application provided by that office, with payment of a fee set by the Board of Appeals. Application Contents. The application for such license shall include information on The location of the subject property, the size of the property, the number of animals to be kept on the property, the nature of any shelters and enclosures, a scaled Drawing showing the precise location of cages, coops, enclosures, stables and fences in relation to property lines and to houses on adjacent properties, photos of the subject Areas and any other information items listed on the registration form, as well as a signed statement by the applicant that he or she agrees to abide by the regulations of this section of the Zoning Code with respect to the keeping of farm animals. License Approval. The Department of Public Health shall approve the issuance of Such license if it determines that the application meets all requirements of this Section. No license shall be issued until the Department of Building Inspection has determined that the required site drawing and associated information demonstrate that the property meets all requirements concerning the installation and placement of enclosures, fences, Cages, coops, stables and other structures. License Expiration. Such license shall expire at the end of the calendar year. The application for renewal of a license need not include drawings and other information regarding conditions that have not changed since submission of such information in a prior license application. Enforcement. The Department of Public Health or the Director's Designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding sanitation and nuisances and operational practices in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters. The Building Inspector or the Inspector's designee shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding the construction and permitted placement of enclosures, fences, cages, coops, stables and other structures used in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matters The Board of Zoning Appeals may vary the regulations of this section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this Section. Definitions. Farm Animal. "Farm animal" means any domestic species of animal, including birds, that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an uexotic animal" and is not a house pet such as a dog, cat or similar animal, Enclosure. "Enclosure" means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area. Coop and Cage. "Coop" and "cage" mean a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals.