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TOR-2013-7 MORATORIUM ON MEDICAL MARIJUANA TOR-2013--1 AN ORDINANCE TO AMEND CHAPTER 180 OF THE CODE OF THE TOWN OF AGAWAM TEMPORARY MORATORIUM ON MEDICAL MARIJUANA TREATMENT CENTERS CD WHEREAS, The Agawam Planning Board voted to act as petitioner for this pr*sed-,iz�- -0 '�:, zoning amendment to create a temporary moratorium on medical marijuana trea0envEc,22 7, centers; and t"i -3 r. WHEREAS, By vote at the State election on November 6, 2012, the voters 0,4, e Commonwealth approved, Chapter 369 of the Acts of 2012, a law regulating cultivation, distribution, possession and use of marijuana for medical purposes; and WHEREAS, Currently under the Zoning Bylaw, a Medical Marijuana Treatment Center is not a permitted use in the Town and any regulations promulgated by the State Department of Public Health are expected to provide guidance to the Town in regulating medical marijuana, including Medical Marijuana Treatment Centers; and WHEREAS, The regulation of medical marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Medical Marijuana Treatment Centers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to under-take a planning process to consider amending the Zoning Bylaw regarding regulation of Medical Marijuana Treatment Centers and other uses related to the regulation of medical marijuana; and WHEREAS, The Town intends.to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws in a manner consistent with sound land use planning goals and objectives; and W]UREAS, it is in the best interest of the Town of Agawam to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers; and 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: "Article XVIII: Medical Marijuana Treatment Center" §180-123 (A) DEFINITION "Medical Marijuana Treatment Center" shall mean a "not- for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells distributes, dispenses, or administers marijuana, pr9ducts containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers." (B) TEMPORARY MORATORIUM For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Medical Marijuana Treatment Center. The moratorium shall be in effect for eight months after the date of passage. During the moratorium period, the Town shafl undertake a planning process to address the potential impacts of medical marijuana in the Town, consider the Department of Public Health regulations regarding Medical Marijuana Treatment Centers and related uses, and shall consider adopting new Zoning Bylaws to address the impact and operation of Medical Marijuana Treatment Centers and related uses. DATED THIS [0�OF 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Wson, President -T-n cAe-� 4 A ROVED 4A0,FORM,1. AND LEGALITY c os Solicitor -41 inent Gios ia-, Solicitor C�,, [ _�O CIO_ MAYORAL ACTION Received this day of&ADkffl))M , 2013 from Council Clerk. Signed by Council President this day of k-� �O 13. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawa harter, as her b approve the passage of the above legislation on this day of M&A U2, 2013. . 2��x"/Z--' Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2013 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this I-qA— day of /�2013. Agawam Planning Board June 20, 2013 Page I AGAWAM PLANNING BOARD June 20, 2013 MEMBERS PRESENT: Travis P. Ward, Chairman David A. Chase Mark Paleologopoulos Nicholas Pandolfi. MEMBERS ABSENT: Violet E. Baldwin ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Ward called the meeting to order at 7:00 PM. L APPROVAL OF MINUTES —June 6, 2013 Motion was made by Mr. Paleologopoulos and seconded by Mr. Chase to approve the minutes of June 6, 2013 as written. VOTE 3-0-1 (Chase abstained) 2. SITE PLAN—South Westfield Street—DePalma/Tirone The applicant's representative, R. Levesque Associates, requ ested that the Board table this item to their next meeting (July 18, 2013) as they are still addressing Conservation Commission con-iments. VOTE 4-0 3. SITE PLAN—Phelps School —Town of Agawam Michelle Chase and Vladimir Caceres of the Agawam Engineering Department were in attendance to present this Site Plan. Ms. Chase explained that there is an ongoing issue with cars parking along School Street in both directions while waiting to pick up or drop off students at Phelps School. She stated that the problem occurs during the hours of 8-.30AMto9-.00AMand3-OOPMto3-.30PM. She stated that they have witnessed people parking across the street and then parents and students have to cross the street while there is heavy congestion which creates a very unsafe condition. She explained that they are proposing a one way drive entering by the little league fields on School Street through an existing curb cut. It will be a 12' paved driveway to be located approximately ten feet from the property lines of the existing residences on School Street in this area. And will connect to the current student drop off area at the school. There will be gates at each end and will only be open during the drop off and pick up times. Agawam Planning Board June 20, 2013 Page 2 Speed bumps will be installed and there will be concrete bollards approximately 8' from the drive on the north side. The bollards will be spaced 8' apart and will have a cable across them. She went on to say that approximately 7,000 SF of impervious area will be added and that they will be installing rain gardens to handle the drainage. She suggested that the rain gardens can be used for student education in the future. There will be a drainage swale between the new driveway and the property line to an existing catch basin. She went on to say that notices were sent to the abutting property owners and that they will work to provide a buffer (i.e. arborvitae or stockade fence) if needed. Mr. Ward asked if this will be park and wait situation. Ms. Chase stated the safety officer suggested no parking signs along School Street which would give them more "teeth" in enforcing it. Mr. Ward asked who would be responsible for locking and unlocking the gates. Ms. Chase stated that she will work with the school, building maintenance or DPW on that. Mr. Ward asked about the visibility for the abutters. Ms. Chase stated that some trees will need to be trimmed. Ms. Dachos stated that she conducted a site visit this afternoon and expressed her concerns over the impact on the rear yards of the abutters. She suggested that a buffer plan be prepared. She also noted that there had been a recent rainstorm and she noticed a drainage issue at#79 School Street's existing driveway. Ms. Chase stated she is aware of the drainage issue and it will be addressed during the School Street reconstruction. Mr. Paleologopoulos asked if any grading would be needed. Ms. Chase stated that they will need to cut into the hill and slope it down on either side. Mr. Chase asked if there was any way to move the driveway further north. Ms. Chase stated it is tight in this area but that she would look into shifting the driveway further north if possible. Mr. Ward asked for any public input. Christy Magum, 67 School Street stated that she works at Robinson School and there is a similar driveway that was installed with gates. She stated that at 2-00 PM and 8:OOAM cars start to line up with their engines idling and that the gates are never locked. She is very concerned to have the same type of situation in her backyard. Mr. Magum then spoke. He stated that for fifteen years they have witnessed the cars parking on School Street to drop off and pick up students. He went on to say that the cars using this new driveway will line up and their engines will be idling. He stated that he agrees there is a current safety issue and that the no parking signs that were installed have helped slightly but he sees no benefit to this driveway as a property owner. He asked if any additional lighting was proposed. Ms. Chase stated no. Mr. Magum stated that they moved here because it was quiet and appealing and now he will have a driveway behind him and a bike path along School Street in front of him. He is also concerned that a gate will not be enough to keep the teenage children out. Carl Dagenais, 21 Coventry Lane stated that the situation with cars idling will be 180 days per year for V2hour in the morning and V2hour in the afternoon and with the gates being locked this shouldn't be bad. Theresa Urbinati, Principal of Phelps School stated that there is currently a significant safety problem with people crossing the street to pick up and drop off their children. She stated that the cars don't' start lining up at 2:00 PM at this location and that the procedure for drop off and pick up with continue with staff at the door. She stated that they will work to keep the traffic flowing and can install a camera in that direction if needed. Mr. Ward stated that he would like to conduct a site visit prior to the next meeting. The members agreed that they would like to view the existing conditions. Ms. Chase agreed to have the proposed driveway staked out next Agawam Planning Board June 20, 2013 Page 3 week and will contact the Planning Department to schedule a site visit prior to the next meeting. Motion was made by Mr. Pandolfi and seconded by Mr. Paleologopoulos to table the Site Plan for Phelps School to the July 18, 2013 meeting. VOTE 4-0 4. REVISED PLAN— Solar Facility— Shoemaker Lane—Citizens Energy A revised Site Plan has been submitted which eliminates the originally proposed maintenance building. No other changes were made to the plan. Motion was made by Mr. Pandolfi and seconded by Mr. Paleologopoulos to approve the revised Site Plan for the solar facility on Shoemaker Lane by Citizens Energy. VOTE 4-0 Motion was made by Mr. Paleologopoulos and seconded by Mr. Pandolfi to amend the order of the agenda. VOTE 4-0 Mr. Chase left the meeting room at this time. 7. SITE PLAN - V&F Auto—Springfield Street Frank Palange of V&F Auto was in attendance this evening to present a site plan for an addition to his existing building and expansion of his car lot. He explained that the proposed addition is just under 6,000 SF and that 80%to 90%of his business is wholesale (deliveries of auto parts). He stated that they do very little retail, approximately five cars per day and they are open on Saturdays until 3:00 and no evenings. He' also plans to demolish the house he purchased on Wilson Street and extend the retaining wall. He went on to say that the house is under the Demolition Delay Ordinance with the Historical Commission at this time. He stated that he was notified by the building inspector today that he does not have to file with the Board of Appeals. He stated that he will be applying to the Council for an expanded car license. The Engineering Department submitted comments that were discussed this evening. He stated that he was infonned at the Team Meeting that this site is under one acre and therefore he did not have to provide drainage. Dry wells have been shown. Ms. Dachos stated that a topography plan is a requirement on a site plan. Mr. Ward stated that he should show on the plan where the water will drain to. Mr. Palange then stated that he will remove the curb cut to the lower parking area to address handicap access concerns of the building inspector. One of the Engineering Department comments was to provide a sidewalk. Mr. Palange stated that he would rather not install a sidewalk. He stated that Agawam Planning Board June 20, 2013 Page 4 he will meet with Michelle Chase, Town Engineer, to go over her comments and provide a revised plan. The members agreed that they would like to make a site visit prior to voting on the plan. Ms. Dachos reminded Mr. Palange to include the standard landscape maintenance note to the plan and to show all proposed exterior lighting, Mr. Ward stated that the lighting must be fully recessed and no wafl packs. Ms. Dachos asked about the dumpster location. Mr. Palange stated that he may not need a dumpster at this site as he as one across the street at the other area of his business. He agreed that if he installs one at this location it will be in the fenced area behind the building. Ms. Dachos suggested that the Board limit the hours of when the dumpster will be emptied. Mr. Palange stated that there will be no outside storage except for trucks. This item will be placed on the next agenda. Members agreed to take a look at the site prior to the next meeting. Motion was made by Mr. Pandolfi and seconded by Mr. Paleologopoulos to table the Site Plan for V&F Auto to the Board's July 18'h meeting. VOTE 4-0 Mr. Chase returned to the meeting at this time. 5. DISCUSSION—medical marijuana facilities Ms. Dachos stated that'she attended a revnt'Mass. Builders Association meeting and one of the discussion topics was medical marijuana facilities. She stated that while a town cannot prohibit them,they can regulate them through their zoning�bylaws. She supplied the members with a copy of a one year moratorium that the Town of Burlington has passed. She suggested the same for Agawam which would allow the Town time to draft bylaws to regulate these facilities. She asked the Board members if they.would be the petitioner. The members agreed. This item will be placed on the next agenda and a medical marijuana facilities moratorium zoning amendment will be drafted for their vote to be p' etition�r. , . 1 6. Correspondences A recent Form A for Neal on Keller Circle that the Board approved was resubmitted for signatures as there was an error on the plan. Motion was made by Mr. Paleologopoulos and seconded by Mr. Chase to sign the revised Form A plan for Neal on Keller Circle. VOTE 4-0 The meeting adjourned at 8:40 PM. F Ad AGAWAM CITY COUNCIL 36 MAN STREET ISETTS 01001 AGAWAM, MASSACHU TED AU"Ust 6. 2013 Agawam manning 11oard Town Hall PRESIDFNT '16 Main Street Chrislopher C, Johnson Agawani, MA. 01001 VICE PRESIDENT [Ze: TOR-2013-7 Denrds,l. Pei-ry Dear Nlelllbers of the Agawam Plannill-L-' Board: COUNCILORS George Bitzas 111c'I Illeetliq At ill; 1-00Uhk1-lVschcdUlCd Cit)' C01, I g or A L181ISt 5, 2013, ihe Agaw, Cecilia P Calahrese �*Cd the iollowing item to the Agawall, Planning Board for them 10 hold PaIll C Ccwaflo COUncii referl 'rile CitV COLInCil 11SO Set It d1ttc or it public licaring and make a recommendation. James P. Cicheni September 3, 20 1 3) on which to hold their public hearin.,oil the same. Gina H. Lelellier Robert.4. Magovern 11-1-1-2013-12 (11-011-2013-7) — Ali Ordinance to Amend Chapter 180 Of doseph Alfineo Z7 Temporary Moratorit.1111 oil Medical Donald,W Rhemill tile Code of the Town of Aoitwain Robert E. Rossi Cc[iters (mayor) f'N'(.)LI lj�we any questions, please do not hesitate to contact tile. ADMINISTRATIVE ASSISTANT Sincerely. Burbura A. Rard t Chrisioplier C. Johnson, lj)re dent AL,awain Cil)' COLHICH CCJ/bb cc: Full COL11101 Mayor Solicitor TELEPHONE (413.) 726-9716 FAX 13) 726-97 17 ENIA11, b11)ord,?4jgmvam.ma-us Town -of Agawam A 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413.-786-9927 August 16, 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, Counciior Joseph Mineo* Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor C1 C__ Agawam Town Council 36 Main Street Agawam, MA 01001 Cn P, -0 3: Dear Councilors: At its duty called meeting held on August 15, 2013, the Agawam Planning Board voted 3-0 to 0 send a positive recommendation to the Town Council with regard to TOR-2013-7, Zoning cn Amendment—Temporary Moratorium on-Medical Marijuana Treatment Centers. If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely, Mark R.'Paleologopoulos, Acting Chairman AGAWAM PLANNING BOARD MRP/DSD:prk cc: Clerk, Solicitor, File a al Notico COMMONWEALTH OF citation. INFORMAL PROBATE MASSACHUSETTS Witness, Anne M. PUBLIC HEARING PUBLICATtON NOTICE THE TRIAL COURT Geoffrion, Esquire, First AGAWAM CITY To all persons interested Probate&Family Justice of said Court, this COUNCIL in the above captioned estate, Court Dept. thirtieth day of July 2013, The Agawam City by Petition of Petitioner Ann HAMPDEN Div. Suzanne T.Seguin Council will conduct pub- Marie Foley of Agawam HD13EO009PP Register of Probate & lic hearing on Tuesday, MA. To Denise M.'Barnett of Family Court September 3, 2013 at 7:00 Ann Marie Foley of Agawam, in the County of 818,8/15,8/22/13 PM at its regularly sched- Agawam MA has been infor- Hampden;Ronald S.Ashton uied City Council meeting mally appointed as the Per- and Love M.Ashton,both of PUBLIC HEARING to be held in the auditorium sonal Representative of the South Easton, in the County The Agawam City at the Roberta 6. Doering estate to serve without surety of Bristol. and to all other Council Administrative Sub- School, 68 Main Street, on the bond. persons interested. Committee will conduct a Agawam, MA. The purpose The estate is being A petition has been pre- public hearing on Tuesday, of this hearing will be to hear administered under informal sented to said Court by Lisa September 3, 2013, at TOR-2013-7 "An Ordinance procedure by the Personal L. Callahan and Scan A. 6:30 p.m., at the Roberta to Amend Chapter 180 of the Representative under the Collins, both of Feeding G. Doering School, 68 Code of the Town of Agawam Massachusetts Uniform Pro- Hills, in the County of Main Street, Agawam, MA Temporary Moratorium on bate Code without supervi- Hampden representing that on the petition of Western Medical Marijuana Treat- sion by the Court. Inventory they hold as tenants in com- Massachusetts Electric ment Centers".A copy of this and accounts arc not required mon an undivided part or Company and Verizon New Ordinance can be obtained to be riled with the Court, share of land lying in said England,Inc. for permission from the Agawam Planning but interested parties are Feeding Hills and briefly to do the necessary work on Office between the hours of entitled to notice regard- described as attached,setting or around 21 Barney Street, 8:30 AM and 4:30 PM in the ing the administration from forth that they desire that all Agawam, MA, as well as Agawam Town Hall,36 Main the Personal Representative of said land may be sold t permission to locate a line Street,Agawam,MA. and can petition the Court private sale for not less than of poles, wires, cables and BY ORDER OF: in any matter relating to the one hundred fifty thousand fixtures, including the nec- Christopher C.Johnson estate, including distribu- ($150,000.00) dollars and essary sustaining and pro- President of the tion of assets and expenses praying that partition may be tecting fixtures as they may City Council of administration. Interested made of all the land afore- deem necessary. 8/15,8/22/13 parties are entitled to petition said according to law,and to Robert E.Rossi, the Court to institute formal that end that a commissioner Chairman Commonwealth of proceedings and to obtain be appointed to make such Administrative Massachusetts orders tenninating or restrict- partition and be ordered to Sub-Committee The Trial Court ing the powers of Personal make sale and conveyance 8115,8/22113 Probate and Family Court Representatives appointed of all or any part of said land Hampden Division under informal procedure. A which the Court finds cannot PUBLIC HEARING 50 State Stmet copy of the Petition and Will, be advantageously divided The Agawam City Springfield,MA 01103 if any, can be obtained from either at private sale or public Council Administrative Sub- (413)748-8600 the Petitioner. auction,and that the Court: Committee will conduct a Docket No.HD13PI533EA 8/15/13 1.Order the Respondents, public hearing on Tuesday, Estate of-William F Foley Ronald S. Ashton, Love September 3, 2013, at 6:30 Date of Death:July 4,2013 M. Ashton and Denise M. p.m., at the Roberta G. Barnett to account to the Doering School, 68 Main petitioners for all rental Street, Agawam, MA on the income received by them and petition of Western Massa- HOW TO SUBMIT to pay the petitioners a pro- chusetts Electric Company portionate share of all such and Verizon New England, rental income; Inc. for permission to install LEGAL NOTICES 2.Order that the petition- a new pole at 116 Adams All legal notices to be pub]ished in the Agawain Ad- ers' attorney's fees and costs Street, Agawam, MA., as vertiser News should besent directly to kianicr@turlcy. of such Petition to Partition well as permission to locate com. Karen Lanier processes all legals for this newspa- be paid from any sales pro- a line of poles, wires, cables per and can answer a]I of your questions regarding these ceeds. and fixtures, including the notices. Please indicate the newspapers and publication If you desire to object necessary sustaining and pro- date(s)for the notice(s)in the subject line of your email. thereto you or your attor- tecting fixtures as they may For questions regarding coverage area, procedures or ney should file a written deem necessary. cost,please call Karen directly at 413-283-8393 x27 1. appearance in said Court Robert E.Rossi Turley Publications, Inc. publishes 15 weekly news- at' Springfield before ten Chairman papers throughout Western Massachusetts.Visit www, o clock in the forenoon on Administrative the sixth day of September Sub-Committee turley.com for more information. 2013, the return day of this 8/15,8/22/13 was a real estate agent for ­1'.., I'l LA—L. 1,)VL1 and state in those days, so whether to proceed was never many years with several lo- the years. She was also pre- in question — only how and at what cost. After consider- cal companies, She was a deceased by her stepsister, able spirited debate, including a proposal to have someone communicant of St.John the Adeline Rosensteel (Roger) come in from o'utside to settle the question,the parish voted Evangelist Church in Aga- and stepbrother, Fred Di- to build a meeting house at"ye head of the first branch be- wam and was active with the Carlo(Flora). Services were yond Ensign Reuben Leonard"in the vicinity of the current Agawam Senior Center and entrusted to the Colonial Fo- location of Agawam High Sciiool.The parish also voted to Golden Agers. Mary was on raSLicre Funeral Home, 985 provide rum and cider for the building crew. the Board of Realtors, sery Main St., Agawam. Burial By March of 1762,a call to accept the post of settled min- ing as director and in previ- was private for the family in ister — clergy in residence — was offered to Mr. Sylvanus ous years, was president of St. Michael's Cemetery in Griswold of Lyme, Conn. With his acceptance ofthe posi- the PTA and a troop leader Springfield. In lieu of flow- tion,the parish was then ready to organize its spiritual affairs for the Girl Scouts. She en- ers, donations may be made by forming a church, Its first meeting was Nov. 10, 1762.A joyed reading and research- in Mary's memory to the week later, on Nov. 17, Griswold was ordained, installed, ing on her computer. Baystate VNA & Hospice, and led the first service of worship as the first minister of the Mary 280 Chestnut St., 6th Floor, newly formed congregation. had a thirst for life and loved Springfield, MA 01199 or The church has engaged in a yearlong celebration of its her family unconditionally- to the Agawam Senior Cen- presence in the community. Moderator Jeff Heinze and cur- She was an amazing care- ter,Attn: Golden Agers,954 rent pastor Rev. Rob Donaldson attended a meeting of the giver over the years and will Main St., Agawam, MA Massachusetts Congregational Society to learn what other be dearly missed. She was 01001. churches do at such milestones in their history. One take- JAMBOREE,from page 14 away was that the church records be mined for stories that tell current worshippers how things have changed and how graders), and one for their AgaWaM they have remained the same. Rev. Donaldson has incorpo- Seniors team (seventh and eighth-graders). Advertiser The games will have run- News Obituary Blue Sox hold off Brig ning time and last approxi- mately 50 minutes with a POCY halftime for each team. By Gregory A.Scibelli There will be two games Turley Publications Turley Publications Sports Correspondent happening at the same time with two teams playing on offers two types of HOLYOKE—The Holyoke Blue Sox were able to squeak one half of the field,and two obituaries. into the playoffs thanks to a great effort as they downed the teams on the other half. One is a free,brief Saratoga Brigade last Saturday evening at home. "Each team start,; with Death Notice listing The Blue Sox started out strong during the regular season, the ball on the 40-yard-line, 1 the name of deceased, but fell hard as the season went on and eventually went from and they get 10 plays on second place to completely out of the playoff picture. I date of death and offense," said Dematteo. They were fighting for the final spot in the Western Divi- � I funeral date and place. "They keep playing regard- The other is a Paid sion playoffs for an opportunity to play at Keene,and ended less if thev score, They can in a tie with Saratoga.a new team to the New England Col- legiate Baseball League this year. score 10 times on one turn. I I Obituary,costing Then the other team gets to 1 $50,which allows Holyoke would play well in the final few games of the play offense." families to publish regular season and the play-in game became official. The games are a little The Blue Sox would defeat the Brigade 7-1 on Saturday extended death notice more hands on with coaches information of their night thanks to a great second inning by the Blue Sox. helping to referee and they Holyoke would use a walk and two hits to load the bases are able to be on the field ex- own choice and may and got an infield hit from Dillon Hamlin, Up 1-0, Jason amining their players. include a photograph. Lombardozzi had an RBI single and was followed by an RBI Dematteo said pairings Death Notices& groundout from Joseph Carcone. after often made with teams Paid Obituaries The fourth run came when Matt Reida reach on an error, that are not playing one should be submitted and then Brian Hendriks and Sal Annunziata both followed another during the regular through a funeral with RBI singles to make it 6-0. season. In addition to the That was all the offense that starting pitcher Henry Van Agawam-Ludlow pairing, home to: Zant was going to need as he was brilliant during the first six Chicopee will face host East obits@turleycom. innings,allowing no runs and scattered five hits. He would Longmeadow,South Hadley strike out two and did not walk a batter. Van Zant would will take on Wilbraham,West Exceptions will be improve to 3-0 for the season and has allowed no runs in 22 Springfield will face Palmer, made only when the innings pitched this season for Holyoke. Belchertown will match u p familyprovides a death David Copeland would pitch scoreless innings in the sev- with neighbor Warr, and certificate and must be enth and eighth,allowing just one hit,and then the Brigade Springfield's CYO and 5A pre-paid. managed a quick run off Adam Rutz in the ninth inning be- teams will matchup. fore he shut the door on the game. TOR-2013-__J AN ORDINANCE TO AMEND CHAPTER 180 OF THE CODE OF THE TOWN OF AGAWAM TEMPORARY MORATORIUM ON MEDICAL MARIJUANA TREATMENT CENTERS WHEREAS, The Agawam Planning Board voted to act as petitioner for this proposed zoning amendment to create a temporary moratorium on medical marijuana treatment centers; and WHEREAS, By vote at the State election on November 6, 2012, the voters oCthe-P-Q CD r- Commonwealth approved, Chapter 369 of the Acts of 2012, a law reguldting�ihe r- cultivation, distribution, possession and use of marijuana for medical purposes; and rA 0 WHEREAS, Currently under the Zoning Bylaw, a Medical Marijuana Treatment CeA� is not a permitted use in the Town and any regulations promulgated by the Stato Department of Public Health are expected to provide guidance to the Town in regulati medical marijuana, including Medical Marijuana Treatment Centers; and WHEREAS, The regulation of medical marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Medical Marijuana Treatment Centers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Medical Marijuana Treatment Centers and other uses related to the regulation of medical marijuana; and WHEREAS, The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws in a manner consistent with sound land use planning goals and objectives; and WHEREAS, it is in the best interest of the Town of Agawam to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers; and 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: "Article XVIII: Medical Marijuana Treatment Center" §180-123 (A) DEFINITION "Medical Marijuana Treatment Center" shall mean a "not- for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers." (B) TEMPORARY MORATORIUM For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Medical Marijuana Treatment Center. The moratorium shall be in effect for eight months after the date of passage. During the moratorium period, the Town shal] undertake a planning process to address the potential impacts of medical marijuana in the Town, consider the Department of Public Health regulations regarding Medical Marijuana Treatment Centers and related uses, and shall consider adopting new Zoning Bylaws to address the impact and operation of Medical Marijuana Treatment Centers and related uses. DATED THIS OF 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C.J hnson, President A ROVED 0,FORM AND LEGALITY incent766'sYla, Solicitor Agawam Planning Board June 20, 2013 Page I AGAWAM PLANNING BOARD June 20, 2013 MEMBERS PRESENT: Travis P. Ward, Chairman David A. Chase Mark Paleologopoulos Nicholas Pandolfi MEMBERS ABSENT: Violet E. Baldwin ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Ward called the meeting to order at 7:00 PM. I. APPROVAL OF MINUTES—June 6, 2013 Motion was made by Mr. Paleologopoulos and seconded by Mr. Chase to approve the minutes of June 6, 2013 as written. VOTE 3-0-1 (Chase abstained) 2. SITE PLAN—South Westfield Street—DePalma/Tirone The applicant's representative,R. Levesque Associates, requested that the Board table this item to their next meeting (July 18, 2013) as they are still addressing Conservation Commission comments. I VOTE 4-0 3. SITE PLAN—Phelps School—Town of Agawam Michelle Chase and Vladimir Caceres of the Agawam Engineering Department were in attendance to present this Site Plan. Ms. Chase explained that there is an ongoing issue with cars parking along School Street in both directions while waiting to pick up or drop off students at Phelps School. She stated that the problem occurs during the hours of 8:30 AM to 9:00 AM and 3:00 PM to 3:30 PM. She stated that they have witnessed people parking across the street and then parents and students have to cross the street while there is heavy congestion which creates a very unsafe condition. She explained that they are proposing a one way drive entering by the little league fields on School Street through an existing curb cut. It will be a 12' paved driveway to be located approximately ten feet from the property lines of the existing residences on School Street in this area. And will connect to the current student drop off area at the school. There will be gates at each end and will only be open during the drop off and pick up times. Agawam Planning Board June 20, 2013 Page 2 Speed bumps will be installed and there will be concrete bollards approximately 8' from the drive on the north side. The bollards will be spaced 8' apart and will have a cable across them. She went on to say that approximately 7,000 SF of impervious area will be added and that they will be installing rain gardens to handle the drainage. She suggested that the rain gardens can be used for student education in the future. There will be a drainage swale between the new driveway and the property line to an existing catch basin. She went on to say that notices were sent to the abutting property owners and that they will work to provide a buffer (i.e. arborvitae or stockade fence) if needed. Mr. Ward asked if this will be park and wait situation. Ms. Chase stated the safety officer suggested no parking signs along School Street which would give them more "teeth" in enforcing it. Mr. Ward asked who would be responsible for locking and unlocking the gates. Ms. Chase stated that she will work with the school, building maintenance or DPW on that. Mr. Ward asked about the visibility for the abutters. Ms. Chase stated that some trees will need to be trimmed, Ms. Dachos stated that she conducted a site visit this afternoon and expressed her concerns over the impact on the rear yards of the abutters. She suggested that a buffer plan be prepared. She also noted that there had been a recent rainstorm and she noticed a drainage issue at#79 School Street's existing driveway. Ms. Chase stated she is aware of the drainage issue and it will be addressed during the School Street reconstruction. Mr.Paleologopoulos asked if any grading would be needed. Ms. Chase stated that they will need to cut into the hill and slope it down on either side. Mr. Chase asked if there was any way to move the driveway ftirther north. Ms. Chase stated it is tight in this area but that she would look into shifting the driveway further north if possible. Mr. Ward asked for any public input. Christy Magurn, 67 School Street stated that she works at Robinson School and there is a similar driveway that was installed with gates. She stated that at 2:00 PM and 8:OOAM cars start to line up with their engines idling and that the gates are never locked. She is very concerned to have the same type of situation in her backyard. Mr. Magurn then spoke. He stated that for fifteen years they have witnessed the cars parking on School Street to drop off and pick up students. He went on to say that the cars using this new driveway will line up and their engines will be idling. He stated that he agrees there is a current safety issue and that the no parking signs that were installed have helped slightly but he sees no benefit to this driveway as a property owner. He asked if any additional lighting was proposed. Ms. Chase stated no. Mr. Magurn stated that they moved here because it was quiet and appealing and now he will have a driveway behind him and a bike path along School Street in front of him. He is also concerned that a gate will not be enough to keep the teenage children out. Carl Dagenais, 21 Coventry Lane stated that the situation with cars idling will be 180 days per year for 1/2hour in the morning and V2hour in the afternoon and with the gates being locked this shouldn't be bad. Theresa Urbinati, Principal of Phelps School stated that there is currently a significant safety problem with people crossing the street to pick up and drop off their children. She stated that the cars don't' start lining up at 2:00 PM at this location and that the procedure for drop off and pick up with continue with staff at the door. She stated that they will work to keep the traffic flowing and can install a cairnera in that direction if needed. Mr. Ward stated that he would like to conduct a site visit prior to the next meeting. The members agreed that they would like to view the existing conditions. Ms. Chase agreed to have the proposed driveway staked out next Agawam Planning Board June 20, 2013 Page 3 week and will contact the Planning Department to schedule a site visit prior to the next meeting. Motion was made by Mr. Pandolfi and seconded by Mr. Paleologopoulos to table the Site Plan for Phelps School to the July 18, 2013 meeting. VOTE 4-0 4. REVISED PLAN—Solar Facility—Shoemaker Lane—Citizens Energy A revised Site Plan has been submitted which eliminates the originally proposed maintenance building. No other changes were made to the plan. Motion was made by Mr. Pandolfi and seconded by Mr. Paleologopoulos to approve the revised Site Plan for the solar facility on Shoemaker Lane by Citizens Energy. VOTE 4-0 Motion was made by Mr. Paleologopoulos and seconded by Mr. Pandolfi to amend the order of the agenda. VOTE 4-0 Mr. Chase left the meeting room at this time. 7. SITE PLAN - V&F Auto—Springfield Street Frank Palange of V&F Auto was in attendance this evening to present a site plan for an addition to his existing building and expansion of his car lot. He explained that the proposed addition is just under 6,000 SF and that 80%to 90%of his business is wholesale (deliveries of auto parts). He stated that they do very little retail, approximately five cars per day and they are open on Saturdays until 3:00 and no evenings. He also plans to demolish the house he purchased on Wilson Street and extend the retaining wall. He went on to say that the house is under the Demolition Delay Ordinance with the Historical Commission at this time. He stated that he was notified by the building inspector today that he does not have to file with the Board of Appeals. He stated that he will be applying to the Council for an expanded car license. The Engineering Department submitted comments that were discussed this evening. He stated that he was informed at the Team Meeting that this site is under one acre and therefore he did not have to provide drainage. Dry wells have been shown. Ms. Dachos stated that a topography plan is a requirement on a site plan. Mr. Ward stated that he should show on the plan where the water will drain to. Mr. Palange then stated that he will remove the curb cut to the lower parking area to address handicap access concerns of the building inspector. One of the Engineering Department comments was to provide a sidewalk. Mr. Palange stated that he would rather not install a sidewalk. He stated that Agawam Planning Board June 20, 2013 Page 4 he will meet with Michelle Chase, Town Engineer, to go over her comments and provide a revised plan. The members agreed that they would like to make a site visit prior to voting on the plan. Ms. Dachos reminded Mr. Palange to include the standard landscape maintenance note to the plan and to show all proposed exterior lighting. Mr. Ward stated that the lighting must be fully recessed and no wall packs. Ms. Dachos asked about the dumpster location. Mr. Palange stated that he may not need a dumpster at this site as he as one across the street at the other area of his business. He agreed that if he installs one at this location it will be in the fenced area behind the building. Ms. Dachos suggested that the Board limit the hours of when the dumpster will be emptied. Mr. Palange stated that there will be no outside storage except for trucks. This item will be placed on the next agenda. Members agreed to take a look at the site prior to the next meeting. Motion was made by Mr. Pandolfi and seconded by Mr. Paleologopoulos to table the Site Plan for V&F Auto to the Board's July 18th meeting. VOTE 4-0 Mr. Chase returned to the meeting at this time. 5. DISCUSSION—medical marijuana facilities Ms. Dachos stated that she attended a recent Mass. Builders Association meeting and one of the discussion topics was medical marijuana facilities. She stated ihAt while a town cannot prohibit them,they can regulate them through their zoning.bylaws. She supplied the members with a copy of a one year moratorium that the Town of Burlington has passed. She suggested the same for Agawam which would allow the�Town time to draft bylaws to regulate these facilities. She asked the Board members if they would be the petitioner. The members agreed. This item will be placed on the next agenda and a medical marijuana facilities moratorium zoning amendment will be- drafted.for their vote to be petitioner. 6. Correspondences A recent Form A for Neal on Keller Circle that the Board approved was resubmitted for signatures as there was an error on the plan. Motion was made by Mr. Paleologopoulos and seconded by Mr. Chase to sign the revised Form A plan for Neal on Keller Circle. VOTE 4-0 The meeting adjourned at 8.40 PM. Town of Agawam -1837 36 Main Street Agawam, Massachusetts 01001 Tel. 413-786-0400 Fax 413:-786-9927 July 19, 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 -0 Robert A. Magovern, Councilor Joseph Mineo, Councilor CD Donald M. Rhcault, Councilor Robert Rossi, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on July 18, 2013, the Agawam Planning Board voted to be the petitioner for a Temporary Moratorium on Medical Marijuana Treatment Centers. The purpose of the eight month Moratorium is to provide time to undertake a-planning process to consider amending Agawam's Zoning.Ordinance to ade4uately regulate the location of such facilities. The Planning Board will present the City Council with its finding prior to the expiration of the eight month time period. If you have any questions, please do not hesitate to contact the Planning Office at 786- 0400, extension 8738. Sinc�eryly' Travis P. Ward,Chairman Agawam Planning Board cc: Mayor, Solicitor TOR-2013- AN ORDINANCE TO AMEND CHAPTER 180 OF THE CODE OF THE TOWN OF AGAWAM TEMPORARY MORATORIUM ON MEDICAL MARIJUANA TREATMENT CENTERS WHEREAS, The Agawam Planning Board voted to act as petitioner for this proposed zoning amendment to create a temporary moratorium on medical marijuana treatment centers; and WHEREAS, By vote at the State election on November 6, 2012, the voters of the Commonwealth approved, Chapter 369 of the Acts of 2012, a law regulating the cultivation, distribution, possession and use of marijuana for medical purposes; and WHEREAS, Currently under the Zoning Bylaw, a Medical Marijuana Treatment Center is not a permitted use in the Town and any regulations promulgated by the State Department of Public Health are expected to provide guidance to the Town in regulating medical marijuana, including Medical Marijuana Treatment Centers; and WHEREAS, The regulation of medical marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Medical Marijuana Treatment Centers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Medical Marijuana Treatment Centers and other uses related to the regulation of medical marijuana; and WHEREAS, The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws in a manner consistent with sound land use planning goals and objectives; and I WHEREAS, it is in the best interest of the Town of Agawam to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers; and 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: "Article XVIII: Medical Marijuana Treatment Center" §180-123 (A) DEFINITION "Medical Marijuana Treatment Center" shall mean a "not- for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers." (B) TEMPORARY MORATORIUM For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Medical Marijuana Treatment Center. The moratorium shall be in effect for eight months after the date of passage. During the moratorium pefiod, the Town shall undertake a plara�ing process to address the potential impacts of medical marijuana in the Town, consider the Department of Public Health regulations regarding Medical Marijuana Treatment Centers and related uses, and shall consider adopting new Zoning Bylaws to address the impact and operation of Medical Marijuana Treatment Centers and related uses. DATED THIS OF 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President APPROVED AS TO FORM AND LEGALITY Vincent Gioscia, Solicitor