TOR-2011-4 CELL TOWER ON MILL ST. (WD) Page I of I
barbara. bard
From: Pare, Edward D. (EPare@brownrudnick.com)
Sent: Wednesday, July 20, 2011 1�22 PM
To: barbara bard; Pamela Kerr �Ou
Cc: Deborah Dachos; rhowse@verizon.net; Roger Laperna; Susan Feurzeig
Subject: FW: Agawam/Lts. to City Council and Planning Board re'. 459 Mill Street
Attachments. Document.pdf; Document.pdf
Hi Barbara and Pam.
Attached are letters to the Agawam City Council and the Agawam Planning Board requesting that the
pending petition to add the church parcels into Agawam's wireless telecommunications overlay district be
withdrawn, without prejudice. New Cingular Wireless PCS, LLC/AT&T which was the lead FCC licensed
carrier for the facility has made the corporate decision not to pursue the site at this time. Thank you for
your cooperation in processing this petition. The originals of these letters will be sent via federal express.
Best regards,
Ed
V iOWNRUDNICK
Edward D.Pare,Jr.
Counselor at Law
Brown Rudnick LLP
ID Memorial Boulevard
Providence,R1 02903
T:401-276.2639
F;617.289,0568
epare@brownnidnick.com
www.brownrudnick.com
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8/1/2011
Edwori D.Pwa.En OW WU D N I C K
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'"Veoxwman
Boulevard
July 20,2011 Providence
Rhode 10ind
029.03
VIA EMAIL An FXDERAL EXPRFSS
APWAin City Ccnmdil
c6 Ms. Barbara Bard
City Co'uncil Administrative Assistant
36 Main SbVet
Agawarn, MA 01001
n: Pedflon.to Add Parcels Into the Wirelm Telecommunications Overlay
District-459 NW Street,Agawam,Massachusetts (Parcel I& H10-2-15,
H10-2-16 and RIO-2-17)(the"SkO)
Dear Honorable Membcit of the Agawam City Council:
On behalf of Florida Tower Partners and the Agawam Mdthodigt Churth,.we respedtfWly
request that our-pending petition to add the above referenced parce)s of land int'o the wireles.s
tclecommuhkati6hs overlay district be withdrawn,without prejudice. New Cingular Wiftless
PCS,LLC has made the corpomte decision not to pursue the install4on of a wircicss tkility at
the Site at.this time.
If there are any que4ions,please do not hesitate to contact me at(401)276;,2.639.
Sincerely,
BROWN RUDNICK LLP
EdwarV4f,Jr.,-8sq.
cc: Painela Kerr
Deboxab S'. Dachos
Pastor Susan'Feurzoig
5015MG.0-PAREED-62k*0=07
Brown Rudeiick LLP dn inlerborlonel Im firm Bascon I Dublin I Hartford I London [Now'York Pr9vidence VVishinStort
Eftard D.P60,ES% OWWUDNICK
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Memorial
BaMloyard
July 2D,.2011 Prbildence
Rhode.III Ind
01901
tel 401.276..2600
tbF 401.276.2601
VIA EMAIL AND FEDERAL.EXPRESS
Agawam Planning Board
clo Pamela Kett
Administrative Cierk
Aga*=Office of Planning�and'Conimunity-Developrfient
36 Main Street
Agawam,MA 01001
RE: Petition to Add Paicels into the Wireless Telecommunications Overlay
r District-459 Mill Street,Agawam,N-psonchusetts(ParceA 11): H10-1-ts,
H10-2-16 and H10-2-17)(flie"Site").
d Dear Honor0le Members of the-Agawam Planning Boarl:l:
n
f
On behalf o Florida Tower Paftcrs and the Agawam Methodist Church. we respectfidly
request that our pending.petition to add the above referenced parcels-of hmd-into the wireless
telecommunications overlaydistrict be.withdrawn,without pr9judice; New iCingular Wireless
PCS, LLC has made the corporate decision not to pursue the installation of a Vin"reless facility at
the Site at this time.
If there are any questions,please do not hesitate to contact ftic at(401)276-2639,
Sincerely,
BROWN RUDNICK LLP
By: (:�;
Edward��,Jr.
Cc: Barbara Bard
Deborah S.Dachos
Pastor Susan Feurzeig
0 W451 00 V3-:PAREE15-02MM07
Brl*wn RuinIck LLP an 11pternational tow PrM upstorl I Dublin I Hart(drd I London I New York I Provl&nee I WiehjT!St*nL
TOR-2011-4
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM
ARTICLE XIV, CHAPTER 180 § 94 ENTITLED "PERSONAL WIRELESS
SERVICES FACILITIES AND TOWERS"
(Sponsored by the Agawam City Council)
WHEREAS, Article XIV, Chapter 180 of the Town Code of Agawam, an
ordinance entitled Personal Wireless Services Facilities and Towers, was enacted by the
Town of Agawam in 1998 to "protect the scenic, historic, natural and other resources of
the Town of Agawam while allowing adequate Personal Wireless Telecommunications to
be developed"; and
WHEREAS, the Agawam Methodist Church owns three parcels identified as
Assessor's Map H10-2-15, HIO-2-16 and H10-2-17-, and
WHEREAS, the Agawam Methodist Church located at 495 Mill Street, Agawam,
is located within a split zone, the front third of 459 Mill Street, Agawam, (HIO-2-15) is
located within a residential zone district and the rear two thirds (H10-2-16) of which is
located in a Business B zone district; and
WHEREAS, the Agawam Methodist Church property located at 491 Mill Street,
Agawam, (H10-2-17) is located within a split zone, the front third is located within a
residential zone district and the rear two thirds of which is located in a Business B zone
district; and
WHEREAS, the Agawam Methodist Church desires to locate a tower within the
Business B district; and
WHEREAS, the Agawam Methodist Church desires to have parcels identified on
Assessor's Map H10, Block 2, Parcel 15, Map H10, Block 2, Parcel 16 and Map H10,
Block 2, Parcel 17 added to the list identified in Town Code Chapter 180 § 180-94; and
WHEREAS, the Agawam Fire Department supports said designation as they desire
to utilize space on said proposed tower; and
WHEREAS, it is in the best interest of the Town of Agawam to add said parcels to
the Wireless Telecommunications Overlay District;
NOW THEREFORE, the Agawam City Council hereby changes and amends the
Code of the Town of Agawam Article XIV, Chapter 180 §94 to include the parcels as
follows:
Assessor's Parcel ID: Map H 10, Block 2, Parcel 15
Map H 10, Block 2, Parcel 16
Map H 10, Block 2, Parcel 17
DATED THIS DAY OF 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL
Don d Rhea t President
0 OM
tRO E jASO'*FO AN D LEGALITY
Vincent Gioscia, Solicitor
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