TOR-2014-9 AMEND 180-95A ZC INVOLVING WIRELESS OVERLAY _ can �-a s ' 1
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AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM Ct,
TO ADD SECTION 18D-95A TO ASSIST THE COUNCIL c -r4vp Sv,u
IN ZONE CHANGE REQUESTS INVOLVING THE CCU ASscs��
WIRELESS TELECOMMUNICATIONS OVERLAY DISTRICT jFrX5ti-KA1'
(Sponsored by CounciloT Johnson) Q
WHEREAS, the zoning ordinances of the Town of Agawam lack a provision to allow the
City Council to assess a petitioner for a zone change to add a parcel to the Wireless
Telecommunications Overlay District a fee to allow for the procurement of expert analysis to
assist the City Council in determining whether the subject parcel needs to be added to the
Wireless Telecommunications Overlay District;
WHEREAS, the zoning ordinances of the Town of Agawam allow the Board of Appeals to
assess a fee to allow for procurement of expert analysis to assist it in the special permit granting
process for wireless telecommunications facilities, but said special permit granting process
necessarily happens after the zone change process involving the City Council;
WHEREAS, it is in the best interest of the Town of Agawam to provide the City Council
with the necessary tools to properly evaluate zone change requests seeking to add parcels to
the Wireless Telecommunications Overlay District; and
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and enacts the
following Section 180-95A to the Code of the Town of Agawam:
180-95A Provision of independent consultants.
Upon submission of an application for a zone change to add a parcel to the Wireless
Telecommunications Overlay District under this article, the applicant shall pay a review fee
determined by the City Council, consisting of reasonable costs to be incurred by the City Council
for the employment of independent consultants. These consultants shall each be qualified
professionals with a record of service to municipalities in one or more of the following:
(1) Telecommunications engineering;
(2) Structural engineering;
(3) Monitoring of electromagnetic fields; and
(4) (If determined necessary by the City Council) other relevant fields of experience
as determined by the City Council.
The independent consultant(s) shall assist the City Council in determining whether the
subject parcel needs to be added to the Wireless Telecommunications Overlay District. Said
analysis shall include, but not be limited to determining whether adequate personal wireless
services can be provided utilizing existing parcels in the Wireless Telecommunications Overlay
District and/or existing structures, including, but not limited to, buildings, water towers,
existing telecommunication facilities, utility poles and towers and related facilities, provided
that such installation preserves the character and integrity of those structures.
DATED TH IS . �OFW01� 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C.Johns , President
APPROVED AtFAPD LEGALITY
Vincent osc olicitor
MAYORAL ACTION
Received this.. day of
UNk- m-W, 2014 from Council Clerk.
Signed by Council President this T _ day of U1j�&(2014.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
'dcd I her by approve the passage of the above legislation on this day of
UV-C. 2014.
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
2014 for the following reason(s):
Richard A. Cohen,Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this r " day of 2014.
TOR-2014-09
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM
TO ADD SECTION 180.95A TO ASSIST THE COUNCIL
IN ZONE CHANGE REQUESTS INVOLVING THE
WIRELESS TELECOMMUNICATIONS OVERLAY DISTRICT
(Sponsored by Councilor Johnson)
WHEREAS, the zoning ordinances of the Town of Agawam lack a provision to allow the
City Council to assess a petitioner for a zone change to add a parcel .to the Wireless
Telecommunications Overlay District a fee to allow for the procurement of expert analysis to
assist the City Council in determining whether the subject parcel needs to be added to the
Wireless Telecommunications Overlay District;
WHEREAS, the zoning ordinances of the Town of Agawam allow the Board of Appeals to
assess a fee to allow for procurement of expert analysis to assist it in the special permit granting
process for wireless telecommunications facilities, but said special permit granting process
necessarily happens after the zone change process involving the City Council;
WHEREAS, it is in the best interest of the Town of Agawam to provide the City Council
with the necessary tools to properly evaluate zone change requests seeking to add parcels to
the Wireless Telecommunications Overlay District; and
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and enacts the
following Section 180-95A to the Code of the Town of Agawam:
180-95A Provision of independent consultants.
Upon submission of an application for a zone change to add a parcel to the Wireless
Telecommunications Overlay District under this article, the applicant shall pay a review fee
.determined by the City Council, consisting of reasonable costs to be incurred by the City Council
for the employment of independent consultants, These consultants shall each be qualified
professionals with a record of service to municipalities in one or more of the following:
(1) Telecommunications engineering;
(2) Structural engineering;
(3) Monitoring of electromagnetic fields; and
(4) (If determined necessary by the City Council) other relevant fields of experience
as determined by the City Council.
The independent consultant(s) shall assist the City Council in determining whether the
subject parcel needs to be added to the Wireless Telecommunications Overlay District. Said
analysis shall include, but not be limited to determining whether adequate personal wireless
services can be provided utilizing existing parcels in the Wireless Telecommunications Overlay
District and/or existing structures, including, but not limited to, buildings,- water towers,
existing telecommunication facilities, utility poles and towers and related facilities, provided
that such installation preserves the character and integrity of those structures.
DATED THIS OF 2014,
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C.Johnson, President
APPROVED AS TO F ' LEGALITY
Vincent osc -gblicitor
barbara bard
From: Deborah Dachos
Sent: Thursday, November 13, 2014 10:44 AM
To: Rebecca Budreau
Cc: Mayor Richard Cohen; barbara bard
Subject: RE:TOR-2014-09
Please be advised that this was an amendment to the Town's Zoning Ordinance and, therefore, it
needed to go to the Planning Board for a public hearing.
Deborah S. Dachos, Director
Agawam Office of Planning and Community Development
36 Main Street
Agawam, MA 01001
(413) 786-0400, ext. 8738
elannin-g aD.agawam.ma.us
-----Original Message-----
From: Rebecca Budreau
Sent: Wednesday, November 12, 2014 1:23 PM
To: barbara bard; Erik Wight; Kevin Baldini; Michelle Chase; Deborah Dachos
Cc: Mayor Richard Cohen
Subject: TOR-2014-09
Please see the approved ordinance . Thank you!
-----Original Message-----
From: rbudreau _ agawam.ma.us fmailto:rbudreau@agawam.ma.us]
Sent: Wednesday, November 12, 2014 8:13 AM
To: Rebecca Budreau
Subject: scan
please see attached scan
i
F AGq
AGAWAM CITY COUNCIL
36 MAIN STREET
AGANVAN1, MASSACHUSETTS 01001
TED MP
November 24, 2014
Agawam Planning Boar
Town Hall
PRESIDENT 36 Main Street
Chrisiopher C. Johnson Agawam, MA. 01001
VICE ll[(FSII)I-'.NT Re. TOR-2014-9
Dennis J Peri-V
Dear Members of the Agawam Planning Board:
COUNCI 1,016
Guorge Bir-rUs At its regularly scheduled City Council meeting of November 5, 2014, the Agawam
Cixitia 1'. Calabrese Paul(". cal"7110 City Council approved the following item and refers it to the Agawam Planning
Junics P. Cichetti Board for them to hold a public hearing and make a recommendation.
Guru bt Leiellier
Joseph Miner, T011-2014-9 — An Ordinance to Amend the Code of the Town of
DomddiUI. Rhroult Agawam to add Section 180-95A to assist the Council in Zone Change
Robert E. Rossi Requests involving the Wireless Telecommunications Overlay District
If you have any questions, please do not hesitate to contact me.
ADIMINISTIUtTIVE Sincerely,
ASSISTANT
Barhelra'-I. Bard r,
C
Christopher C. Johnson, President
Agawam City Council
CCJ/bb
cc: Full Council
Mayor
Solicitor
TE'LEPHONE
(413) 726-9 716
FAX
(413) 726-9717
EMAIL
inn,us
TOR-2014-09
uK--
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM Dr €C.c. -in
TO ADD SECTION 180-95A TO ASSIST THE COUNCIL SJUP Scfv+u
IN ZONE CHANGE REQUESTS INVOLVING THE Cc, f15Sz'Ss —
WIRELESS TELECOMMUNICATIONS OVERLAY DISTRICT Cc- {3 e—rX51-hAe-
(Sponsored by Councilor Johnson)
WHEREAS, the zoning ordinances of the Town of Agawam lack a provision to allow the
City Council to assess a petitioner for a zone change to add a parcel to the Wireless
Telecommunications Overlay District a fee to allow for the procurement of expert analysis to
assist the City Council in determining whether the subject parcel needs to be added to the
Wireless Telecommunications Overlay District;
WHEREAS,the zoning ordinances of the Town of Agawam allow the Board of Appeals to
assess a fee to allow for procurement of expert analysis to assist it in the special permit granting
process for wireless telecommunications facilities, but said special permit granting process
necessarily happens after the zone change process involving the City Council;
WHEREAS, it is in the best interest of the Town of Agawam to provide the City Council
with the necessary tools to properly evaluate zone change requests seeking to add parcels to
the Wireless Telecommunications Overlay District; and
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and enacts the
following Section 180-95A to the Code of the Town of Agawam:
180-95A Provision of independent consultants.
Upon submission of an application for a zone change to add a parcel to the Wireless
Telecommunications Overlay District under this article, the applicant shall pay a review fee
determined by the City Council, consisting of reasonable costs to be incurred by the City Council
for the employment of independent consultants. These consultants shall each be qualified
professionals with a record of service to municipalities in one or more of the following:
(1) Telecommunications engineering;
(2) Structural engineering;
(3) Monitoring of electromagnetic fields; and
(4) (if determined necessary by the City Council) other relevant fields of experience
as determined by the City Council,
The independent consultant(s) shall assist the City Council in determining whether the
subject parcel needs to be added to the Wireless Telecommunications Overlay District. Said
analysis shall include, but not be limited to determining whether adequate personal wireless
services can be provided utilizing existing parcels in the Wireless Telecommunications Overlay
District and/or existing structures, including, but not limited to, buildings, water towers,
existing telecommunication facilities, utility poles and towers and related facilities, provided
that such installation preser
ves the character and integrity of those structures.
DATED THIS ,1"�OF 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C,Johns , President
APPROVED AS tFALt�DEGALITY
Vincent Giosc6rsoncitor
MAYORAL ACTION
Received this, day of 2014 from Council Clerk.
Signed by Council President this _G} � day of h)mw�Y(2014.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga w Charter, as
d I her by approve the passage of the above legislation on this day of
2014.
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
2014 for the following reason(s):
Richard A. Cohen,Mayor
RETURN OF LEGISLATION TO COUNCIL, CLERK
Returned to Council Clerk this / day of 2014.
l
TOR-2014-09
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM
TO ADD SECTION 180-95A TO ASSIST THE COUNCIL
IN ZONE CHANGE REQUESTS INVOLVING THE
WIRELESS TELECOMMUNICATIONS OVERLAY DISTRICT
(Sponsored by Councilor Johnson)
WHEREAS, the zoning ordinances of the Town of Agawam lack a provision to allow the
City Council to assess a petitioner for a zone change to add a parcel to the Wireless
Telecommunications Overlay District a fee to allow for the procurement of expeq_analy`si's, to
assist the City Council in determining whether the subject parcel needs to be added toter-the
Wireless Telecommunications Overlay District; CIO, �-s
WHEREAS, the zoning ordinances of the Town of Agawam allow the Board of A pe"alsto
assess a fee to allow for procurement of expert analysis to assist it in the special permit-granting
process for wireless telecommunications facilities, but said special permit granting process
necessarily happens after the zone change process involving the City Council;
WHEREAS, it is in the best interest of the Town of Agawam to provide the City Council
with the necessary tools to properly evaluate zone change requests seeking to add parcels to
the Wireless Telecommunications Overlay District; and
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and enacts the
following Section 180-95A to the Code of the Town of Agawam:
180-95A Provision of independent consultants.
Upon submission of an application for a zone change to add a parcel to the Wireless
Telecommunications Overlay District under this article, the applicant shall pay a review fee
determined by the City Council, consisting of reasonable costs to be incurred by the City Council
for the employment of independent consultants. These consultants shall each be qualified
professionals with a record of service to municipalities in one or more of the following:
(1) Telecommunications engineering;
(2) Structural engineering;
(3) Monitoring of electromagnetic fields; and
(4) (if determined necessary by the City Council) other relevant fields of experience
as determined by the City Council.
The independent consultant(s) shall assist the City Council in determining whether the
subject parcel needs to be added to the Wireless Telecommunications Overlay District. Said
J
analysis shall include, but not be limited to determining whether adequate personal wireless
services can be provided utilizing existing parcels in the Wireless Telecommunications Overlay
District and/or existing structures, including, but not limited to, buildings, water towers,
existing telecommunication facilities, utility poles and towers and related facilities, provided
that such installation preserves the character and integrity of those structures.
DATED THIS OF , 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
APPROVED AS TO F AND LEGALITY
Vincent osc , olicitor