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TOR-2013-1 ZONING AMEND A-3 DISTRICTS t TOR-2013-1 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES §180-29 "ARTICLE IV. RESIDENCE A-3 DISTRICTS USE RESTRICTIONS.91) WHEREAS, the Agawam Planning Board voted to act as petitioner for proposed zoning amendment to Residence A-3 Districts §180-29 "Use Restrictions;" and WHEREAS, the Planning Board wishes to encourage low density development in the Residence A-3 District; and WHEREAS, it is in the best interest of the Town of Agawam to update §180-29 of the Agawam Town Code. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam. Add the following to §180-2 Low Density A3 Community: A residential project consisting of buildings containing not more than two residential units per building (i.e. two-family dwellings) on a site of 10 acres or more with a density of not more than 2.5 units per acre. Delete Section §180-29 G. The minimum distance between any two buildings on the same lot shall in no case be less than 40 feet. Add the Following: §180-29 G. "The minimum distance between any two buildings on the same lot shall in no case be less than forty (40) feet, except in the case of a Low Density A3 Community,,in which case the minimum distance between any two buildings on the same lot shall be thirty (30) feet." DATED THIS OF 2013, PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President tROVED AjSQRM AND-LEGALITY Vincent Gioscia, olicitor Town -of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 4137786-9927 February 27, 2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Cecilia P.-Calabrese, Councilor Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina M.Letellier, Councilor Robert A. Magovern, Councilor Joseph Mineb, Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on February 26, 2013, theAgawam Planning Board voted to be the petitioner on the attached Zoning Amendment"Low Density A-3, Community". If you have any questions, pleas.e contaci this office at 786-0400, extension 8738. Sincerely, 4M31 s P. Ward, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, Board of Appeals, File 194 South Street Limited Partnership May 8, 2013 Christopher C. Johnson, President City Council TownofAgawam 36 Main Street Agawam, MA 01001 Re: Twin Brook Farm, 164-194 South Street, Agawam, MA Dear Councilor Johnson: On March 18, 2013 we submitted a petition to the City Council for the rezoning of land located at 0 South Street and 194 South Street in Agawam from Residence A-5 to Residence A-3. We request that the Council allow us to withdraw our petition, without prejudice, at this time. We understand that the Planning Board is working on a new zoning classification that may be more apprp�riate,to.our development plan for this property. Assuming that a new zoning classification -JQrjow-c�ri�ity residential is'a pproved by the City Council, we plan to resubmit a petition for a, zone change based upon this new zone. Please do not hesitate to contact me if you have any questions or are in need of additional information. Sincerel 00 Mark E. Benoit cc: D. Dachos, Planning Board C') fat CD IP C-) c/o New England Retirement Communitiet, Inc. �el!'�4 ia�46-6200 983 Page Boulevard Fax: 413 746-3906 P.O. Box 70057 meb@atiantic-capital-investors.net S p ri ngfie Id, MA 0 11 b7-0057 Lcod Noficcs AGAWAM CONSERVATION COMMISSION LEGALAD The Agawam Conserva- tion Commission will meet on Thursday, March 28, 2013 at 6:30 PM at the Agawam Public Library, 750 Cooper Street,Agawam, Mass. The purpose of thiS meeting will be to hear the Request for Determination of Applicability of Kovalsky i for property located at 148 1 Edgewater Road. By Order of Henry A Kozloski,Chairman Agawam Conservation i Commission i 3/21/13 LEGAL NOTICE PUBLIC HEARING AGAWAM CITY COUNCIL The Agawam City Coun- i cil will conduct a public i hearing on Tuesday, April 16, at 7:00 pm, at the i Roberta G. Doering School, 1 69 Main Street, Agawam, I MA on TOR-2013-1 which is I an Ordinance to Amend the Code of the Town of Agawam i Zoning Ordinances §180-29 1 "Article IV—Residence A-3 I Districts Use Restrictions" I as submitted to the Agawam i City Council by the Planning j Board. TOR-2013-1 is avail- I able for public inspection at I the City Clerk's Office and the Planning Department, 36 1 Main Street, Agawam, MA between the hours of 8:30arn to 4:30prn, Monday through Friday. BY ORDER OF Christopher C.Johnson President of the Agawwn i City Council J 3/21,3/28/t3 Town -of Agawam J, A 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413:-786-9927 May 3, 2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Ma Cecilia P. Calabrese, Councilor ' Paul C. Cavallo, Councilor. MF: > James P. Cichetti, Councilor Gina M. Letellier, Councilor M Robert A. Magovem, Councilor > :K:x Joseph Mineo,'Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Agawarn Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on May 2, 2013,�the Agawam Planning Board voted unanimously to withdraw its petition to the Town Council with regard to TOR-201 3-1, Zoning Amendment "Low Density A-3 Community".. If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely, Travis P.'Ward, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, File Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 4137786-9927 April 1, 2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Cecilia P. Calabrese, Councilor' Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina M. Letellier, Councilor Robert A. Magovern, Councilor Joseph Mine6, Councilor Donald M. Rheault, Councilor . Robert Rossi, Councilor Agawam Town Council 36 Main Street Agawam, MA.01001 Dear Councilors, At its duly called meeting held on March 21, 2013, the Agawam Planning Board voted unanimously to send a positive recommendation to the Town Council with regard to TOR-2013- 1, Zoning Amendment "Low Density A-3 Community". If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely, ................ Travis P1. Ward, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, Board-of Appeals, File- VW 30U30 'A'83-1'J TOR-2013-1. AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONfNG ORDINANCES §180-29 "ARTICLE IV. RESIDENCE A-3 DISTRICTS USE RESTRICTIONS." WHEREAS, the Agawam Planning Board voted to act as petitioner for proposed zoning amendment to Residence A-3 Districts §180-29 "Use Restrictions;" and WHEREAS, the Planning Board wishes to encourage low density development ift the Residence A-3 District; and WHEREAS, it is in the best interest of the Town of Agawam to update §180-29 of the Agawam Town Code. , NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Add the following to §180-2 Low Density A3 Community: A residential project consisting of buildings containing not more than two residential units per building (i.e. two-family dwellings) on a site of 10 acres or more with a density of not more than 2.5 units per acre. Delete Section §180-29 G. The minimum distance between any two buildings on the same lot shall in no case be less than 40 feet. Add the Following: §18 0-29 G. "The minimum distance between any two buildings on the same lot shall in no case be less than forty (40) feet, except in the case of a Low Density A3 Community, in which case the minimum distance between any two buildings on the same lot shall be thirty (30) feet." DATED THIS OF 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President ROVED A;S 4QR;M AND LEGALITY VM' cent Gioscia,*�olicitor Town -of Agawam . A 36 Main Street Agawam, Massa c*husetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 April 1, 2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Cecilia P. Calabrese, Councilor' Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina M. Letellier, Councilor Robert A. Magovern, Councilor Joseph Mineo', Councilor Donald A Rheault, Councilor Robert Rossi, Councilor Agawam Town Council ' 36 Main Street Agawam, MA.01001 Dear Councilors: At its duly called meeting held on March 21, 2013, the Agawam Planning Board voted unanimously to send a positive recommendation to the Town Council with regard to TOR-2013- 1, Zoning Amendment "Low Density A-3 Community". If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely, Travis P, Ward, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, Board-of Appeals, File TOR-2013-1. AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES §180-29 "ARTICLE IV. RESIDENCE A-3 DISTRICTS USE RESTRICTIONS." WHEREAS, theAgawarn Planning Board voted to act as petitioner for proposed zoning amendment to Residence A-3 Districts §18 0-29 "Use Restrictions;" and WHEREAS, the Planning Board wishes to encourage low density development ift the Residence A-3 District; and WHEREAS, it is in the best interest of the Town of Agawam to update §180-29 of the Agawam Town Code. . NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Add the following to §180-2 Low Density' A3 Commu nity, A-residential project consisting of buildings coniaining not more than two residential units per building �i.e. two-family dwellings) on a site of 10 acres or more with a density of not more than 2.5 units per acre. Delete Section §180-29 G. The minimum'distance between any two buildings on the same lot shall in no case be less than 40 feet. Add the Following: §180-29 0. "The minimum distance between any two buildings on the same lot shall in no case be less than forty (40) feet, except in the case of a Low Densit�A3 Communit3� in which case the minimum distance between any two buildings on the same lot shall be thirty (30) feet." DATED THIS OF 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President ROVED A;S QRM ANTD- LEGALITY "Y Vincent Gioscia, olicitor AGAWAM PLANNING BOARD February 26, 2013 MEMBERS PRESENT: Travis P. Ward, Chairman Violet E. Baldwin Mark R. Paleologopoulos MEMBERS ABSENT: David A. Chase Nicholas Pandolfi ALSO PRESENT: Deborah S. Dachos Mr. Ward called the meeting to order at 12:15 PM. I. VOTE TO BE PETITIONER—Zoning Amendment—"Low Density A-3 Community" Motion was made by Mr. Paleologopoulos and seconded by Ms. Baldwin that the Planning Board act as the petitioner on a proposed zoning amendment entitled "Low Density A-3 Community". VOTE 3-0 The meeting adjourned at 12:20 PM. '7 0 INTEROFFICE MEMORANDUM TO: PAM KERR, PLANNING DEPARTMENT FROM: BARBARA BARD, CITY COUNCIL OFFICE SUBJECT: TOR-2013-1 DATE: 2/27/2013 I am in receipt of the February 27, 2013 letter stating that the Planning Board voted to be the petitioner on the Zoning Amendment "Low Density A-3 Community". I understand the Planning Board will hold its Public Hearing on March 21, 2013. This item will appear as TOR-2013-1 under New Business on the March 4" City Council Agenda. A Public Hearing date of April 1, 2013 will be suggested which should give you enough dine to provide this office with your report. As you know, this ordinance will also require two separate readings. If you have any questions or there are any changes with the dates, please do not hesitate to contact me. Thank you. cc: Full Council, Mayor, Solicitor A AGAWAM' 'CITY COUNCIL J, 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 ED LEGAL NOTICE LEGAL NOTICE PUBLIC HEARING AGAWAM CITY COUNCIL PRESIDENT Christopher C Johnson VICE PRESIDENT The Agawam City Council will conduct a public hearing on Tuesday, Dennis J Perry April 16, at 7:00pm, at the Roberta G. Doering School, 68 Main COUNCILORS Street, Agawam, MA on TOR-2013-1 which is an Ordinance to George Bifzas Amend the Code of the Town of Agawam Zoning Ordinances §180-29 Cecilia P. Calabrese "Article IV — Residence A-3 Districts Use Restrictions" as submitted Paul C Cavallo to the Agawam City Council by the Planning Board. TOR-2013-"s James P. Cichew Gina M. Letellier available for public inspection at the City Clerk's Office and Planning Department, 36 Main Street, Agawam, MA between tim Robert A. Magovern Joseph Mineo hours of 8:30am.to 4:30pm, Monday through Friday. Donald M Rheault Robert E. Rossi BY ORDER OF: ADMINISTRATIVE c-n ASSISTANT rn Barbara A. Bard Christopher C. Johnson President 'of the Agawam City Council TO BE ADVERTISED ON 3/21/13 and 3/28/13 TELEPHONE (413) 786-0400 Ext 233 FAX (413) 786-9927 EMAIL bbard@agawam,ma us Agawam Planning Board November 15, 2012 Page 6 Motion was made by Mr. Pandolfi and s econded by Mr. Paleologopoulos to approve the plan for Colli on Maple Street under"Subdivision Control Law Not Required". VOTE 4-0 5. DISCUSSION—Proposed Zoning Amendment—"Low Density Apartment Community"—South Street Mark Benoit was in attendance to request the Planning Board to sponsor a zoning amendment to A-3. He explained that the property he owns on South Street is zoned A-5 (Age Restricted). His approved plan shows thirty duplex buildings on 29 acres. He stated that the condominium market seems to be getting stronger and he is not so confident in the 55 and older market which is why he is requesting a change to A-3, non age restricted condominiums. He stated that he is not proposing to change his concept but to fit his project into the A3 zone, an amendment is needed. It now requires 40' between buildings and 40' setback from street line. His plan shows 30' between buildings and 30' to 35' to the street line. He went on to say that the current A3 zone allows for eight units per acre and that his plan shows two units per acre. He stated that he is requesting an amendment to establish a low density apartment zone with three units per acre and 30' between buildings and 30' to the street line. Mr. Ward suggested amending A5 to take out the age restriction. Upon discussion, it was agreed that an in- house meeting be scheduled with the Town Solicitor, a member of the Planning Board, Ms, Dachos and Mr. Benoit. The meeting adjourned at 8:20 PM. > > >C:) rn Agawam Planning Board October 18, 2012 Page 2 Motion was made by Mr. Chase and seconded by Mr. Paldolfi to withdraw the previous motion to enter Executive Session to discuss the Mariella Place Definitive Plan. ROLL CALL VOTE 3 Yes 0 No 4. DISCUSSION & POSSIBLE VOTE—Definitive Plan—Mariella Place Attorney Pacella submitted a request to the Board that they not vote on this plan until the November 1, 2012 meeting. Motion was made by Mr. Chase and seconded by Mr. Pandolfi to table this item to November I"at 7:00 PM. VOTE 3-0 An executive session will be scheduled for 6:30 PM on November I". Motion was made by Mr. Chase and seconded by Mr. Pandolfi to amend the order of the agenda. VOTE 3-0 6. SITE PLAN—Down Under Water Ride—Six Flags New England The Engineering Department has submitted a memo stating that they are satisfied with the plans for the water park addition. Motion was made by Mr. Pandolfi and seconded by Mr. Chase to approve the Site Plan for the Water Park Addition (Down Under Water Ride) at Six Flags New England. VOTE 3-0 5. DISCUSSION—South Street—Benoit Mark Benoit and Ben Semer were in attendance this evening to discuss with the Board their project that was approved on South Street in 2008 for a 55 and older condominium development. Mr. Serner stated that they would like to start construction on this project in the spring of 2013 but are no longer confident in the 55 and older aspect. They would like to petition for a zone change from A-5 to A-3 which would allow for condominiums without an age restriction. They would like to go with the same plan however it does not fit into the A-3 zoning district—low density. A handout was provided for the Board which outlines the discrepancies with their proposal. In conclusion, it was agreed that they would draft an amendment to accommodate their proposal and submit to the Board for their review for the next meeting. 7. DISCUSSION—Robin Ridge Estates Agawam Planning Board October 18, 2012 Page 3 In September of 2011 the Planning Board voted to secure the bond on the Robin Ridge Estates subdivision. The type of surety is an insurance bond. The developer has informed the Law Department that they would like to complete the subdivision and submitted a timeline for the items. The members discussed the remaining work to be done at the Robin Ridge Estates subdivision and agreed that the developer should post a cash bond or a Letter of Credit to replace the insurance bond. 8. BOND RELEASE—Farmington Heights The Engineering Department submitted a memo stating that all work has been completed on the Farmington Heights subdivision. There are a number of vacant lots that the developer will put under Covenant at this time and post individual lot bonds to build on them. Motion was made by Mr. Chase and seconded by Ms. Baldwin to release the bond in full on the Farmington Heights subdivision conditional upon the developer signing a Covenant for the undeveloped lots. VOTE 3-0 9. PRELIMINARY PLAN—Cooper Street—Kot The applicant's representative had requested a continuance of this item to allow them to go before the Conservation Commission first with a wetland delineation. Motion was made by Mr. Chase and seconded by Ms. Baldwin to continue the Preliminary Plan for Kot on Cooper Street to the next meeting. VOTE 3-0 10. Correspondences Ms. Dachos explained that Rob Levesque has sent a letter to the Board regarding the construction of additional parking spaces at Conrad Fafard on Silver Street. These spaces are shown on the original site plan and the detention pond was sized to accommodate flow from this area. The members were in agreement that a new site plan was not necessary. Motion was made by Mr. Chase and seconded by Ms. Baldwin that the additional parking spaces proposed at Conrad Fafard on Silver Street will not require a new site plan as they are shown on the originally approved site plan. VOTE 3-0 The meeting adjourned at 8:30 PM, /CAgawam Planning Board 0 01 OctobeTr4, 2012 P age 5 _D it cannot be denied. Mr. Soja stated that he is concerned with the safety of his patrons with the proposed sewer line work on his property and stated that the water table in that area is very high. Mr. Tirone stated that there is no problem with water on the property. Mr. Ward stated that specific design standards must be met. Mac Lynch, 35 Federal Street stated that the Judge's decision to remand the plan back to the Board could be argued on whether it means the Board must approve the plan. He stated that his concern is the future street that will be 15' from his house. He does not feel he was given a fair interpretation of the vision clearance issue and wants the Board to reconsider his property and the zoning. He went on to say that he specifically asked that no waivers be granted. He also stated that Attorney Pill raised his concerns in his letter from February of this year. He asked if the 7' strip of land is a reserve strip or a side yard. Ms. Dachos stated that a side yard is the distance from the home to the side line. He expressed his dissatisfaction with the process and questioned why the Board didn't just approve the plan at the first meeting. Mr. Ward explained that there were other issues the Board needed to look at. Margaret Collins, 184 Main Street, asked if the Conservation Commission's Order of Conditions was tied to the original plan. Would the Conservation Commission have to look at the plan again? Ms. Dachos explained that the Order of Conditions was appealed and is now under DEP's j uri sdiction. Attorney Pacella stated that he and his client are not requesting a continuance of the public hearing. Mr. Ward reminded the members that their attorney would like to meet in Executive Session. Motion was made by Mr. Chase and seconded by Ms. Baldwin to continue public hearing for the Mariella Place subdivision to October 18, 2012 to allow for the Board to schedule an Executive Session on the matter. VOTE 5-0 6. REVISED PLAN—T Mobile—Cooper Street Ms. Dachos explained to the members that both the T Mobile and Metro PCS plans have been revised to provide for additional landscaping as requested. Motion was made by Mr. Chase and seconded by Ms. Baldwin to approve the revised plans for T Mobile and Metro PCS on Cooper Street. VOTE 5-0 7. DISCUSSION—South Street—Benoit Ms. Dachos explained that Mr. Benoit would now like to build condominiums on his South Street property rather than the age restricted development that was approved. This Agawam Planning Board October 4, 2012 Page 6 item was discussed in conjunction with item 48 Discussion of Definitions. Ms. Dachos stated it appears that when the Definitions Zoning Amendment was drafted, the definition of apartment house was not amended. She stated multi family dwellings need to be clarified to allow for duplexes within condo projects. Currently apartment house is defined as five to eight families but that often developers would prefer to construct two unit homes (duplexes)within a condo project. The members were supportive of this change and agreed to send a memo to the Council outlining this and asking that they amend the Zoning Amendment at the Council hearing. Also discussed was the setback from internal roadways within a condominium development. Ms. Dachos stated that the definition of street line refers to public ways but is also applied to internal roadways within condominium projects. Mr. Ward stated that Corey Colonial has a 25' setback that works great. Ms. Dachos stated that the A5 zone (55 and older)has a 25' setback. 9. DISCUSSION -Robin Ridge This item was tabled to the next meeting. 10. PRELIMINARY PLAN—Cooper Street—Kot This item has been tabled to allow the applicant to go to the Conservation Commission prior to coming back to the Board. The meeting adjourned at 9:00 PM- INTEROFFICE MEMORANDUM TO: PAM KERR, PLANNING DEPARTMENT FROM: BARBARA BARD, CITY COUNCIL OFFICE SUBJECT: TOR-2013-1 DATE: 2/27/2013 1 am in receipt of the February 27, 2013 letter stating that the Planning Board voted to be the petitioner on the Zonling Amendment "Low Density A-3 Community". I understand the Planning Board will hold its Public Hearing on March 21, 2013. This item will appear as TOR-2013-1 under New Business on the Match 4 h City Council Agenda. A Public Heating date of April 1, 2013 will be suggested which should give you enough time to provide tl-�s office with your report. As you know, this ordinance will also require two separate readings. If you have any questions or there are any changes with the dates, please do not hesitate to contact me. Thank you. cc: Full Council, Mayor, Solicitor Town -of Agawam 4 36 main Street Agawam, Massachusetts 01-001-1837 Tel. 413-786-0400 Fax 41J-786-9927 February 27, 2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Cecilia P.-Calabrese, Councilor Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina M. Letellier, Councilor _j Robert A. Magovern, Councilor Joseph Mincb, Councilor Donald M. Rheault, Councilor Cn Robert Rossi, Councilor Agawam Town Council 36 Main Street Agawam, MA 0 100 1 Dear Councilors: At its duly called meeting held on February 26, 2013, the Agawam Planning Board voted to be the petitioner on the attached Zoning Amendment"Low Density A-3. Community". If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely, s P. Ward, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, Board of Appeals, File TOR-2013-1 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES §180-29 "ARTICLE IV. RESIDENCE A-3 DISTRICTS USE RESTRICTIONS." WHEREAS, the Agawam Planning Board voted to act as petitioner for proposed zoning amendment to Residence A-3 Districts §180-29 "Use Restrictions;" and WHEREAS, the Planning Board wishes to encourage low density development in the Residence A-3 District; and WHEREAS, it is in the best interest of the Town of Agawam to update §180-29 of the Agawam Town Code. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Add the following to §180-2 Low Density A3 Community: A residential project consisting of buildings containing not more than two residential units per building (i.e. two-family dwellings) on a site of 10 acres or more with a density of not more than 2.5 units per acre. Delete Section §180-29 G. The minimum distance between any two buildings on the same lot shall in no case be less than 40 feet. Add the Following: §180-29 G. "The minimum distance between any two buildings on the same lot shall in no case be less than forty (40) feet, except in the case of a Low Density A3 Community, in which case the minimum distance between any two buildings on the same lot shall be thirty (30) feet." DATED THIS OF 22013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President A ROVED AkJSIQ2RM ANED LEGALITY Vincent Gioscia, S"olicitor INTEROFFICE MEMORANDUM TO: PAM KERR., PLANNING DEPARTMENT FROM: BARBARA BARD, CITY COUNCIL OFFICE SUBJECT: TOR-2013-1 DATE: 2/27/2013 1 am in receipt of the February 27, 2013 letter stating that the Planning Board voted to be the petitioner on the Zoning Amendment "Low Density A-3 Community". I understand the Planning Board will hold its Public Hearmig on March 21, 2013. This item will appear as TOR-2013-1 under New Business on the March 4 h City Council Agenda. A Public Hearing date of April 1, 2013 will be suggested which should give you enough time to provide tl-ds office with your report. As you know, this ordinance will also require two separate readings. If you have any questions or there are any changes with the dates, please do not hesitate to contact me. Thank you. cc: Full Council, Mayor, Solicitor Town of Agawam - 36 Main Street Agawam, Massachusetts 01001-1837 look Tel. 413-786-0400 Fax 413:-786-9927 February 27, 2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Cecilia P.-Calabrese, Councilot Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina A Letellier, Councilor Robert A. Magovern, Counci lor Joseph Mineb, Councilor bonald M. Rheault, Councilor Robert Rossi, Councilor Agawam Town Council 36 Main Street Agawam, MA 0 100 1 Dear Councilors: At its duly called meeting held on February 26, 2013, the Agawam Planning Board voted to be the petitioner on the attached Zoning Amendment"Low Density A-3 Community". If yqu have any questions, please contact this office at 786-0400, extension 8738, Sincerely, airman AGAWAM PLANNrNG BOARD cc: Clerk, Solicitor, Board of Appeals, File TOR-2013-1 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES §180-29 "ARTICLE IV. RESIDENCE A-3 DISTRICTS USE RESTRICTIONS." WHEREAS, the Agawam Planning Board voted to act as petitioner for proposed zoning amendment to Residence A-3 Districts §180-29 "Use Restrictions;" and WHEREAS, the Planning Board 1xishes to encourage low density development in the Residence A-3 District; and WHERE,AS, it is in the best interest of the Town of Agawam to update §180-29 of the Agawam Town Code. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Add the following to §180-2 Low Density A3 Community: A residential project consisting of buildings containing not more than two residential units per building (i.e. two-family dwellings) on a site of 10 acres or more with a density of not more than 2.5 units per acre. Delete Section §180-29 G. The minimum distance between any two buildings on the same lot shall in no case be less than 40 feet, Add the Following: §180-29 G. "The minimum distance between any two buildings on the same lot shall in no case be less than forty (40) feet, except in the case of a Low Density A3 Community, in which case the minimum distance between any two buildings on the same lot shall be thirty (30) feet." DATED THIS OF 12013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President ROVED AS Q2RM AN�D LEGALITY Vincent GiosciaYolicitor