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8597_ZONING AMENDMENT - ANIMAL HOSPITALS.pdf~~--____ ~L ______ ~ID B597 -ZONING AMENDMENT -~ Animal Hospi.tals l ..... . .- By JIM DANl(O jdanko@repub.com AGAWAM -He might not be ready to rename his busi- ness "Dave's Soda & Vet City," but David A. Ratner neverthe- less wants to add an animal hospital at his store on Spring- field Street. Before he can open a veteri- nary clinic at Dave's Soda & Pet City, Agawam officials first need to amend the word- ing of a special permit. The City Council has sched- uled a public hearing for March 16. . Officials need to change the wording for special permits for animal hospitals in order to allow the clinic to be housed in the same building. The code also needs to be amended to allow an animal hospital in business and industrial dis- tricts. Dave's Soda & Pet City, a regional chain, opened a 25,000-square-foot outlet at 151 Springfield st. in August. Ratner bought the fonner Ames building and parking lot on Springfield Street in 2006. The total cost of the property and renovation was $3.5 mil- lion, he has said. In addition to the main store, the property includes about 12,000 square feet of warehouse and office space, plus another 30,000 square feet Ratner plans to divide into commercial spaces of 10,000 and 20,000 square feet. Ratner said this week that he has wanted to add a veteri- nary clinic in one of his stores for about 20 years, but has not had the space until acquiring the Agawam building. He said the PetSmart chain has several veterinary clinics. "It makes sense; it's a one- stop shop," he said. Ratner said he has lin~d up a veterinarian, but declined to reveal a name until the deal gets approval. A . veterinary clinic, if ap- proved by the city, would not be the only distinguishing part of the new Pet City Agawam store. It also includes an adoption center for homeless cats. Councilors set the public hearing without discussion. ~i--I_-------lif---- ([]) lh j eB~D:§ ~([]) §~([]) WeB jp) llanmr The public can weigh in on the proposal by Dave's Soda & Pet City during a Plan'ning Board hearing on Thursday. By JIM DANI{O jdanko@repub.com AGAWAM -Citing public health and safety concerns, a veterinarian has sent the Plan· ning Board a letter opposing an effort to amend a zoning or· dinance to allow Dave's Soda & Pet City to open an animal hospital at its store on Spring· field Street. 'Richard R. Vincunas, of Feeding Hills Animal Hospi· tal, 1194 Springfield St., urges the board to deny a request by David A. Ratner, of Long· meadow,owner of Dave's Soda & Pet City. The Planning Board will hold a public hearing 7:30 to· night at Agawam Public Li· brary on the proposal to amend the zoning bylaw. The City Council, which ul· timately decides to accept or reject the proposal, will hold a public hearing on March 16. Ratner on Monday declined to comment, saying he has not seen Vincunas' letter. Feeding Hills Animal Hos· pital and Agawam Animal Hospital, 65 Mill St., are the only two veterinary hospitals inAgawam.... The ordin~aIfce -now states special permits for an animal hospital may be granted, but only in certain business dis· tricts and with the require· ment that the animal hospitals be in separate buildings. Ratner wants the city to modify the ordinance to allow animal hospitals in all non· residential districts and to reo move the requirement that an· imal hospitals be in separate buildings. Vincunas states in his letter that the bylaw, as it now stands, is designed to protect the public from contact with sick animals that could trans· mit disease. He lists other reasons for upholding the requirement that an animal hospital be in a free·standing building sepa· rate from other businesses. Among them, he says, a med· ical building's design takes into consideration air flow and filtration systems and is set up to efficiently. dispose of toxic chemicals, animal waste and bio·hazardous waste. Vincunas states that be· cause of their n'ature, veteri· nary hospitals are not good environments for the public, especially young children. ''When an unattended child reaches out to pet an aggres- sive or irritable dog, bad re- sults can happen," Vincunas writes. . Vincunas mentions the re- cent salmonella outbreak at a peanut facility in Georgia as an ~xample of a possible dan- ger. "All it would take is for a dog to have an episode of diar- rhea in the parking lot or as he wandered through the aisles of the store for the general public to be exposed to this virulent bacteria," Vincunas' writes. Vincunas also said he op- poses Ratner's effort to allow animal hospitals in all non- residential districts .• "It doesn't make any sense to add one business to the det- riment of two businesses that have supported this communi- ty for over two decades," Vin- cunas writes in the letter. In an interview on Monday, Vincunas said the city would not see any increase in its tax base or any new services as a result of the change. He said approval of the change would only benefit Ratner. "Special interests shouldn't drive the decision-making by the City Council," Vincunas said. Agawam Southwick West Springfield Westfield The Hilltowns The Republican Storm slicks roads A mix of snow and rain in the region on Sunday created slippery road conditions for some northern communities, but police throughout Western Massachusetts reported no major accidents on Sunday night. ' While heavy, wet snow fell west of Interstate 91 for most ofthe day, most ofthe commu· nities to the east of the high· way, from Hatfield to Springfield', experienced mostly' rain, according to abc40's Web site. Police in RittsE J t $ 1 MONDAY, FEBRUARY 23,2009 SECTION C Fire leaves 22 ,families' homeless Fire officials were trying to determine the cause of the West Side blaze. By JIM DANKO jdanka@repub.com WEST SPRINGFIELD - A fire quickly spread through an apartment complex early Sun· day morning, leaving 22 fami· lies homeless, a fire official said. The fire at 191 Baldwin St. started in one of the second· Chief Steven A. Manchino. The cause has not been de· termined, Manchino said. Emergency officials reo ceived a call around 12:30 a.m. and found the apartment unit and attic of the building fully involved. The fire in the attic pushed the smoke out of the building, under the eaves, Manchino said. "It evolved' very rapidly," he said. "It took about 45 minutes to suppress the fire." Manchino said Memorial' School jicross from the apart· J 5 nrCG pred to Agawam Southwick West Springfield Westfield The Hilltowns The Republican oc MONDAY, fEBRUARY 23,2009 SECTION C Fire leaves 22 ,families· homeless WESTERN Mass. 'I Storm slicks roads A mix of snow and rain in the region on Sunday created Fire officials were Irying Chief Steven A Manchino. shppery road conditions for d' The cause has not been de- some northern communities. to etermme the cause of termined, Manchino siUd. but police throughout Western the West Side blaze Emergency officials re-Massachusetts reported no . celved a call around 12:30 a.m. major accidents on Sunday and found the apartment unit night. .. By JIM DANKO ~d attic of the building fully While heavy, wet snow fell Idanko@repub.com mvolved. The fire in the attic west of interstate 91 for most WEST SPRINGFIELD _ A pu~h7d the smoke out of the of the day, most ofthe commu-fire quickly spread through an buildm~, u~der the eaves, ruties to the east of the high-apartment complex early Sun-Manchmo Said. way, from Hatfield to day morning, leaving 22 fami-:It evolved'very rapidly," he Springfield, experienced lies homeless, a fire official said, "It took about 45 minutes mostly rain, according to said. , to suppress the fire." abc40's Web site, The fire at 191 Baldwin St. Manchino SaId Memorial POljce in ruttGE 'd ¢ d started in one of the second-School Jicross from the apart- 1 ;; nrge 11spd to "'-- TOR-OS-• AN ORDINANCE AMENDING SECTION 180-12 OF THE CODE OF THE TOWN OF AGAWAM GOVERNING THE ISSUANCE OF SPECIAL PERMITS FOR ANIMAL HOSPITALS WHEREAS, Section 180-12 of the Code of the Town of Agawam currently provides that: "A special permit may be granted for an animal hospital, but only in Business A and Business B Districts and with the additional requirements that animal hospitals shall be separate buildings in themselves and that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." WHEREAS, Dave's Soda and Pet City is desirous of adding a veterinary clinic at its new store on Springfield Street in Agawam; WHEREAS, it is in the best interests of the Town of Agawam to modify the existing town ordinance relative to animal hospitals to allow animal hospitals in business and industrial districts and to remove the requirement that animal hospitals be in separate buildings; and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following change be made to Chapter 180 of the Code of the Town of Agawam: 1. §180-12 entitled "Special Permit for Animal Hospital" is hereby amended to read as follows: "A special permit may be granted for an animal hospital, but only in Business A, Business B, Industrial A and Industrial B Districts and with the additional requirement that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY .1 O\Vl1 ot i\8jWanl Fax ~ U-7B6-9917 FAX COVER SHEET Fax Numher (413) 786-9927 Date: Originating Dept. ~AJWI J.J) TO: FROM: Number (~f Pages [I/eludillg Covel' Sheet: COMJ\1ENTS: Fax ll"flfISIlIf'Ssi()Jfs (fI'C so/c/.l'/flr 1I1111Iicipa/l'fll'jJoSCS . .-lily JJCI'sol1al Of"poiilim/ U.'if! pro/Jihi{c:t/ hy /ml'. • LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, March 5, 2009 at 7:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board on a proposed zoning amendment to Section 180- 12 of the Agawam Zoning Ordinance regarding the issuance of Special Permits for Animal Hospitals. The proposed amendment reads as follows: "A special permit may be granted for an animal hospital, but only in Business A, Business B, Industrial A and Industrial B Districts and with the additional requirement that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." A copy of the proposal can be obtained from the Agawam Planning Office between the hours of8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Travis Ward, Chairman Agawam Planning Board (Ad to be run 2/19/09 & 2/26/09) cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Department of Housing & Community Development, Boston . . Town of Agawa1l1 ·36 Main Street Agawam, MassaChusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 . March 6; 2009 . Gina Letellier, President Ceciiia Calabrese; Vice president George Bitzas, Councilor Paul C. Cavallo, Councilor Jill Messick, Councilor Joseph Mineo, Councilor Dennis J. Perry, Councilor Donald M. Rheault, Councilor Robert E. Rossi, Councilor Jill P. Simpson, Councilor Robert M: Young, Councilor Agawam Town Council . 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting' held on March 5, 2009, the Agawam Plarining Board voted 4-0 to send' a negative recommendation to the Town Council with regard to the Zoning Amendment concerning animal hospitals. The Board supports such use being in a separate building ~nd does not feel that there is a long tem need in this area that is not being met for such services. If you have any questions, please contact this office at 786-0400, extension 2'83 . . Sincerely, O~8~~ Violet Baldwin, Acting Chairman . AGAWAM PLANNING HOARD cc: Town Clerk, Town Solicitor, • • Memorandun. 1't'/ _J.{'CJ ~ (Jl-J e \~ 'f--To: Planning Board CC: Chief Robert Campbell From: Sgt. Richard Niles Subject: Proposed Zoning Amendment - A Date: 03-03-2009 -- Based upon the infonnation provided, th __ ~-",ould appear to be little negative impact to pedestrian, bicycle, and/or motor vehicle traffic safety. Respectfully Submitted ~.,q-~ Sgt. R. Niles Safety Officer Agawam Police Department . , )l. Lt. MAR 0 62009 -• '~':. 'i~ BOh;:~\') -. nl llal ORIGINAL \ . \ , \ • • Memorandum To: Planning Board CC: Chief Robert Campbell From: Sgt. Richard Niles Subject: Proposed Zoning Amendment -Animal Hospitals Date: 03-03-2009 Based upon the information provided, there would appear to be little negative impact to pedestrian, bicycle, and/or motor vehicle traffic safety, Respectfully Submitted ~.~,~ Sgt. R. Niles Safety Officer Agawam Police Department " ftE,"'CF ~\~~ 0 Wi i IJ.". .._ •. ~ MAR 0 6 2009 , • ,~" ,~' j" 0 ,'''' ',J " .. ' H h;..' . ~ t., _ nl '\ ~ ORIGINAL Deborah Dachos From: Sent: To: Subject: Jeffrey Hulbert Thursday, March 05, 2009 8:22 AM Deborah Dachos FW: Website comment: Animal Hospital Zone Change Importance: High FYI Jeff From: Bates-Gentile, Marilyn [mailto:Marilyn.Bates-Gentile@baystatehealth.org] Sent: Thursday, March 05, 2009 7:27 AM To: Jeffrey Hulbert Subject: Website comment: Animal Hospital Zone Change Importance: High • Page I of I I am unable to attend the town Planning Board meeting but I want my voice to be heard .. I am in total disagreement with Dr. Vincunas's statements. I have lived in Agawam almost 22 years and my husband grew up in Agawam. Pet owners want the right of CHOICE. Two vets in the whole town is NOT a fair choice. Dave Ratner has brought revenue to this town and his love for animals is well known. I am positive that having an animal hospital will not in any way be detrimental in any non- residential or residential area. Dave's animal hospital would most certainly follow all rules with regard to filtration systems, toxic chemicals, animal waste and bio-hazardous waste. (I also would like to state that I would be a willing volunteer if this animal hospital opens). The MSPCA was in a non-residential area. I didn't see children getting sick even when they were in their old facility. I work in a hospital and I know that even human hospitals can be unsafe when there are outbreaks. As for the salmonella outbreak at the peanut facility in Georgia, rules were broken, sanitary procedures were not followed. Stop comparing apples to oranges. I think Dr. Vincunas has his own agenda-he is worried about losing customers. Please, think outside the box. Do the right thing and allow this zoning change. It hurts no one and can help many. Marilyn Bates-Gentile 21 Cherry Street Feeding Hills, ]\-[A 01030 CONFIDENTIALITY NOTICE: This email communication and any attachments may contain confidential and privileged infonnation for the use of the designated recipients named above. If you are not the intended recipient, you are hereby noti fied that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is p'rohibited. If you have received this communication in error, please reply to the sender immediately or by telephone at (413) 794-0000 and destroy all copies of this communication and any attachments. For further infonnation regarding Baystate Health's privacy policy, please visit our Internet web site at http://www.baystatehealth.com. 3/5/2009 • '. Town of Agawam Interoffice Memorandum To: CC: From: Date: Subject: Agawam Planning Board Deborah Dachos, Director of Planning and Community Development 3/5/09 Zoning Amendment -Animal Hospitals The Agawam Town Clerk received the attached petition from 16 registered voters to amend Section 180-12 of the Zoning Ordinance governing the issuance of Special . Permits for animal hospitals on February 20, 2009. Currently, Section 180-12 of the Zoning Ordinance reads as follows: '~ special permit may be granted for an animal hospital, but only in Business A and Business B Districts and with the additional requirements that animal hospitals shall be separate buildings in themselves and that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." The new Section 180-12 would read as follows: '~ special permit may be granted for an animal hospital, but only in Business A and Business B, Industrial A and Industrial B Districts and with the additional requirement that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." As amended, animal hospitals would then be allowed in both commercial and industrial districts. Also as amended, animal hospitals would not be restricted to separate FROM THE DESK OF ... DEBORAH S. DACHOS . DIRECTOR OF PLANNING AND COMMUNITY DEVELOPEMENT TOWN OF AGAWAM 36 MAIN ST AGAWAM. MA 01 001 Email addressplanning@agawarn.ma.us 413-786-0400 X 283 Fax: 413-786-9927 buildings. • • At the request of the Board, I have contacted the communities of Chicopee, Westfield, Greenfield and Enfield to determine how they regulate animal hospitals and veterinary clinics. Chicopee is silent on this use. There is no reference to either of these uses in their zoning. In Westfield, Residential kennel, commercial kennel or veterinary hospitals are allowed in the following districts: Rural Residential, Core, Business A and Business B. "For commercial kennels, the area where animals are housed or contained must have a 150 foot minimum setback from any property line." There are no specific requirements for veterinary hospitals. All three uses require special permits. Attached you will find the applicable sections of the Westfield Zoning Ordinance. The Greenfield Zoning Ordinance reads as follows: "Animal Kennel or Hospital: A structure used for the harboring and/or care of more than three (3) dogs that are more than six (6) months old, whether commercially operated or not, except for.farm dogs used for herding or protection of livestock from predators." Such uses are allowed in Residence C, Residence B and General Commercial by Special Permit. According to their Senior Planner they are in the process of amending the Zoning Ordinance to allow the use by Special Permit in their Urban and Semi Residential zones. The Enfield Zoning Ordinance reads: "Animal Hospitals, Clinics: A building or group of buildings and facilities used for the treatment, boarding, and care of animals. In the case of a hospital or clinic, the facility must be under the supervision of a doctor of veterinary medicine licensed by the State." This is the only community that referenced buildings (one or more). In addition, I reviewed West Springfield's Zoning Ordinance (attached). Such facilities are located in their business districts by special permit. No separate structure is required. Including animal hospitals in Industrial A and Industrial B From my perspective, including animal hospitals in our two industrial zones would be consistent with allowing the use in the two commercial zones. The intent would be not to allow the use in residential districts where barking· dogs may present a nuisance. An argument could also be made that since Agawam's zoning is cumulative, such a use may already be allowed in the industrial zones since they read "any business or agricultural use permitted in an Agricultural, ~usiness A or Business B Districts" are allowed uses. Need for separate buildings I have reviewed the earlier zoning by-laws (1951 and 1972). I do not see any references to animal hospitals. Therefore, the provision in the current zoning ordinance must be fairly recent. Concerns of the Board regarding disturbance of other tenants could be fairly and adequately addressed by the Board of Appeals when granting the special permit. Or the Board of Appeals could deny the Special Permit if the proposed building was found in adequate. • • How zoning amendments are proposed There were concerns raised by the some of the Board members that the proposed amendment would only benefit one individual party and should, therefore, not be considered. A zoning ordinance should not be a static document. As technologies change and/or new and different situations arise, wording in zoning ordinances come into question and often times the wording is revised. To assume that since something has been done one way in the past, it should continue to be done the same way in the future would be counter to the term planning. TheZoning Act was enacted in 1975. The purposes were "to promote the health, safety, convenience, morals or welfare of the inhabitants of the city or town". Each amendment to the Zoning Ordinance should be evaluated to determine whether it promotes these purposes. 4It WESTFIELD ZONING 04ilNANCE 3. Radio or TV broadcasting studio (Planning Board). 4. Day or residence camps (City Council). 5. Manufactured Home Retirement Parks in accordance with Article V (City Council) (06-28-02) 6. Mobile home or trailer camp for temporary recreation or vacation use only (City Council) 7. Residential kennel, commercial kennel, or veterinary hospital (Planning Board). Residential kennels must have a minimum lot size of 60,000 square feet. For Commercial kennels, the area where animals are housed or contained must have a 150 foot minimum setback from any property line. This ordinance shall become effective on July I, 2006. (06-01-06) 8. Lodging house including bed and breakfast inns provided that off street parking and two thousand (2,000) square feet of open space be provided for each room for rent (City Council). 9. Riding academy or like activity provided that the stables are located not less than two hundred (200) feet from a dwelling (Planning Board) 10. New Cemeteries with approval of the Health Department (City Council) II. Wood/Stump Reclamation Facility (City Council). 11/3/88 a. Special Permit shall be for two years; b. No part of the operation shall be visible from the road or and residence. c. All requirements of the Department of Environmental Quality Engineering (D.E.Q.E.), Health Board, Conservation Commission, and Article IV, Section 4-120 of the General Regulations shall be complied with; d. The Health Department shall monitor the operation if any violations are found, the permit shall be revoked immediately pcnding investigation by the City Council. e. The owner of the operation shall acquire a bond, to be filed with the Treasurer and the City Clerk, in the amount equal to removal costs of six-(6) month's storage of stumps, logs, mulch, sawdust and firewood on the property. III-5 • • ENFIELD ZONING ORDINANCE 6. Animal Hospitals, Clinics: A building or group of buildings and facilities used for the treatment, boarding, and care of animals. In the case of a hospital or clinic, the facility must be under the supervision of a doctor of veterinary medicine licensed by the State. 7. Antenna: A devise used to receive or transmit electromagnetic waves. 8. Assisted Living Facility: An age-restricted managed residential community providing support services that encourages older residents to maintain a maximum level of independence and includes appropriate accessory services and facilities to provide assistance and maintain independence. 9. Bed and Breakfast Inn: An owner-occupied residential facility offering overnight housing in up to five (5) bedrooms and serving breakfast to its guests. 10. Boarding House: A dwelling in which the owner or tenant rents rooms and provides some meals for monetary compensation to no more than six (6) persons, not including using the cellar area. II. Buffer Yard: An area of land that is landscaped so as to provide a visual barrier between differing land uses. 12. Building Area: The ground area enclosed by the walls of a building together with the walls of all covered porches and other roofed portions. 11 Q,.ilrlinno A no, ~t-""""'''''.r'''' h"'"i ........ '" rnncr "'nrl ;nt",nrl",rI .fAr "h.,.1t.,. .. h,..u,co;nn nO" "" .... ,..lnC' .... "" nt nor" ..... ne' • • ENFIELD ZONING ORDINANCE r\.. l'lCC.:nQllUlIl!5 "QIIUPH;;:' ana\..HC:U LV a UUlIUIIIO Ilia), uc CI":;\,..U;:U IVI Vl'QIU VI un; lJVlIl UUlIUIII!5 IlIle .:'IUUJC\". LV Special Penn it approval, but in no case shall freestanding canopies be erected closer than ten (10) feet to the front property line. Freestanding canopies shall not be enclosed or have any completely enclosed buildings beneath them forward of the /Tont building line. The ground projection of any canopy shall be computed as building ground coverage. (Note that the TVC is exempt from this requirement.) B. In Business L and Business G Districts, one side yard of each lot may be omitted and buildings may be built to the common lot line provided the party or other walls separating them are of masonry construction and without openings. Section 5.20 Use Requirements The following table establishes use requirements for the Business, Thompsonville Village Center, and Special Development Districts: Use Table For B Th Table 5.20 'lIe Viii -~.~-~~, -~~... ~~~ .. H dvill dS . I D --, ------~. -----~~ ~ ----- USE: DISTRICT BL BG BL-H' BG-H' BR Adult/Child Day Care Facilities SP Sp SP SP SP Agricultural Activities(LU) SP SP Amusement Machines l4) SP SP SP SP SP Animal Hospitals. Kennels & Veterinary Offices S Assisted Living/Continuing Care Facilities Auction Rooms S S SP Bed & Breakfast Inns SP SP SP Building Material Stores S p, S p, SP SP SI"" Business Services S S S S SP Business/Professional Offices S S S S SP _. --~ .------D' I TVC BP SD LO SP SP SP'" ) SP SP SP S p, S S SP SP E E S S E E • RC RB Commercial Uses Adult entertainment' N N Animal kennel or hospital SP SP Automotive repair and N N servicing shop Bulk storage and/or sale of fuel N N or other fluid other than waste Car wash (on public sewer only) N N Construction supply N N establishment Funeral home N N Gas station N N Hotel, motel, inn N N Conference center N N Medical center/clinic including N N accessory research Photocopying and data processing N N ZONfNG Table of Uses Town of Greenfield Ch, 200, Zoning (cont'd) RA SR H CC N N N N N N N N N N N N N N N N N N N N N N N N SP SP SP SP N N N N N N N SP N N N SP N N Y SP N N N Y • LC GC 0 GI PI N SP N N N N SP N N N SP SP N SP N N SP N SP SP Y Y N N N Y Y N Y N Y Y N N N SP SP N N N Y Y N SP N Y Y N SP N SP SP Y N N Y Y Y Y Y (7)Only adult bookstore, adult video store, and adult paraphernalia store, See the Entertainment Overlay District § 200-7, 13C for adult cabaret, adult motion-picture theater and establishments which display live nudity for their patrons. Town of Greenfield Zoning Ordinance September 24, 2008 -102 - • GREENFIELD • ZONING AGRICULTURE, FLORICULTURE, HORTICULTURE, VITICULTURE --"See "fann." ALTERATIONS --As applied to a building or structure; a change, rearrangement or reconstruction of the structural parts, or an enlargement whether by extending on a side or by increasing in height, or the moving from one (I) location or position to another. ANIMAL KENNEL OR HOSPITAL --A structure used for the harboring andlor care of more than three (3) dogs that are more than six (6) months old, whether commercially operated or not, except for fann dogs used for herding or protection oflivestock from predators. ANTIQUE SHOP --An establishment for the sale of antiques, secondhand articles, or collectible items, including a pennanent or on-going tag, yard, garage, or barn sale. BANK --The portion of the land surface which nonnally abuts and confines a water body. The upper boundary of a bank is the first observable break in slope or the mean annual flood level, whichever is lower and as further defined in 310 Code of Massachusetts Regulations (CMR) 10.54 (2), Wetlands Protection Act. BILLBOARD --A sign greater than nine (9) square feet in area and ten (IO) feet in height which advertises products or services not sold or provided on the premises on which the sign is located. BUILDING --An enclosed structure, either a principal building or shed, garage, stable, greenhouse, or other accessory building. BUILDING, DETACHED --A building completely surrounded by open space. BUILDING HEIGHT --The vertical distance from the mean finished grade of the ground adjoining the building to the highest point of the roof for flat or shed roofs, to the deckline for mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. Not included are spires, cupolas, TV antennae, or other parts of structures which do not enclose potentially habitable floor space. BUILDING LINE --The line of the face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps. BUILDING, PRINCIPAL --A building in which is conducted the main or principal use of the lot on which said building is located. BULK STORAGE --Exposed outside storage of large quantities of sand, lumber, coal or other materials, and storage of large quantities of liquids and gases in tanks except underground as an accessory use. CAMPER --A portable dwelling, eligible to be registered and insured for highway use, designed to be used for travel, recreational and vacation uses but not for pennanent residence. Includes devices commonly called travel trailers, pickup campers, motorized campers, and tent trailers. CAMP GROUND --Premises used for campers, andlor tenting, where a fee is charged. Facilities operated on a seasonal basis for a continuing supervised recreational, andlor athletic program .. CLUB --Premises or building of a membership organization exclusively servicing members and their guests but not including any vending stands, merchandising, or commercial activities except as required generally for the membership and purpose of such club. Does not include sports clubs as elsewhere defined, or clubs or organizations whose chief activity is a service customarily carried on as a business. Town of Greenfield Zoning Ordinance September 24, 2008 - 3 - • • Alteration. Any construction, reconstruction or other action resulting in a change in the structural parts, height, number of stories, entrances, exits, size, use or location of a building or other structure. Animal clinic. An establishment where animals (pets) are admitted principally for examination, treatment, or care by a doctor of veterinary medicine, and which does not include outside runs and kennels. Boarding is provided only for medical purposes or treatment. Bank. An institution in the commercial world, empowered to receive deposits of money, to make loans, and to issue its promissory notes (designed to circulate as money and commonly called "bank notes" or "bank bills") or to perform anyone or more of these functions. Bed and breakfast establishment. An owner-occupied single-family dwelling which may rent rooming units for transient occupancy and where a breakfast is included in the rent and all accommodations are reserved in advance. Board of Appeals. The Zoning Board of Appeals of the Town of West Springfield, Massachusetts. Boarding house. Any dwelling unit in which more than three (3) persons whether individually or as families are housed or lodged for hire with or without meals. A motel, rooming house or a furnished rooming house shall.be deemed a boarding house. Buffer area. A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. See Diagram 2-1. Building. Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, or chattel. The word "building" shall be construed, where the context allows, as though followed by the words "or part or parts thereof'. Building, accessory. A detached building which: (a) is subordinate in area to the principal building, (b) the use of which is customarily incidental and subordinate to that of the principal building, and (c) is located on the same lot as that occupied by the principal building. Building, attached. A building having any portion of one or more walls in commim with adjoining buildings. Building coverage. That percentage of a lot covered by buildings or structures. Building height. The vertical distance from the mean finished grade oft.he ground adjoining the building to the highest point of the rooffor flat or shed roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. Not included are spire·s, cupolas, TV antennae, or other parts of structures which do not enclose potentially habitable floor space. 2-2 West Springfield Zoning Ordinance -October 2005 Uses AGRICULTURAL USES I. Agriculture, horticulture, floriculture, or viticulture 2. Nurseries & greenhouses 3. Animal shelters, animal clinics, veterinary hospital BUSINESS ZONING DISTRICTS (Continued) Standards & Conditions Must be located on parcels ofland with more than 5 acres. No yard for the raising of swine and livestock shall be situated nearer than 100 feet to any lot line or any building or structure used for human habitation. No poultry yard shall be situated nearer than 100 feet to any lot line or any building or structure used for human habitation. A fannstand must be located at least 30 feet from any street line and accessible over a private driveway. Fannstands shall be accessory to a dwelling on the same lot. NB P WHOLESALE, TRANSPORTATION AND INDUSTRIAL USES 1. Converting, fabricating, manufacturing, altering, finishing and/or assembling uses 2. Scientific and/or resear~h laboratory 3. Newspaper printing, job printing, upholstering, laundries, cleaning and BA 'p SPR SPR SPR SPR Zoning Districts BA-\ BB P P SPR SPR SPR SPR SPR BB-I CB P P • SPR SPR • SPR SPR SPR • TO: Planning Board FROM: Conservation Commission MEMO TOWN OF AGAWAM CONSERVATION COMMISSION 36 MAIN ST., AGAWAM, MA 01001 786·0400, ext. 245 SUBJECT: Proposed Zoning Amendment -Animal Hospitals DATE: March 4, 2009 The Agawam Conservation Commission supports updating Agawam's Zoning Bylaws to meet the future needs of the Town of Agawam. 71?4/~ Henry A. Kozloski, Chairman Agawam Conservation Commission 1194 Springfield Street Feeding Hills, MA 01030 • February 26, 2009 S ~")FEEDING HILLS CANIMAL HOSPITAL RICHARD VINCUNAS, D.V.M. Dear Agawam Planning Board member, • Telephone (413) 786-8828 RECFiVED FEB 2 6 2009 PLAN:\ Ii ...... 60ARD It has come to my attention that Dave Ratner has requested that the town of Agawam revise it's zoning by-laws in two important ways,. for his benefit, profit and convenience. This request should be denied for several different reasons. The most important reasons are the issues of public health and safety that this proposal generates. The current zoning by- law requiring a free standing business was put into place to protect the general public from contact with infectious and zoonotic diseases. As with any medical facility the design of a separate and isolated building takes into consideration air flow and f il tration systems that prevent dissemination of infectious air-borne disease and toxic chemicals such as anesthetic gas. It is designed to efficiently dispose of toxic chemicals, animal waste, and bio-hazardous waste. It is designed to separate and isolate animals with infectious and zoonotic disease from healthy animals and the public at large. It is designed to prevent accidental exposure of pregnant women and children to scatter radiation used in diagnostic equipment. A multi-use public facility can not adequately meet these standards. In a medical facility all employees are sufficiently trained in disease transmission control along with animal restraint and behavior skills. Skills and knowledge that the general public may not be aware of. All employers are required by workers compensation laws to carry insurance at higher risk level than those for a cashier, inventory worker, or salesperson. This is due to the inherent risk involved whenever people and unpredictable animal behavior come together. Veterinary facilities by definition, are where sick, injured, often times irritable animals are brought for diagnosis and treatment. This is not a good environment for the public, especially young children, to be in contact with, as they wander down the aisle. When an unattended child reaches out to pet an aggressive or irritable dog bad results can happen. Another good example of what could happen is demonstrated by the recent salmonella outbreak in the peanut facility in Georgia. The salmonella bacteria was brought into the facility by a carrier, someone who didn't practice proper hygiene. The salmonella bacteria causes diarrhea in both humans and pets. All • • it would take is for a dog to have an episode of diarrhea in the parking lot or as he wandered through the aisles of the store for the general public to be exposed to this virulent bacteria. If merchandise such as a pigs ear or dog bone were to fallon the floor and be placed back in the bin it would contaminate the food supply, or to have the same employee that cleaned the accident up go back to stocking the shelves with bags of dog and cat food, that are destined for the public. sick animals and food supplies are never a good mix. For that matter any animal and food supplies don't mix. That is why pets are not allowed in restaurants or supermarkets. If instead of a full service clinic a vaccination clinic is planned, all of the above scenarios are still relevant but this type of clinic raises other issues. A proper client/patient relationship is necessary to legally and responsibly treat animals or dispense medications. A part-time veterinarian holding a vaccination clinic is unaware of any pre-existing condition that might adversely affect the response to treatment. If it is a vaccination clinic then no diagnostics or other treatments are offered requiring the owner to go to a second location for a proper exam and treatment, making pet care actually less convenient for· the owner. This not in the best interest of the animal or the owner. If the clinic is operated on a limited basis and the animal is subsequently presented to another veterinarian, how is the current vaccination status be determined? This is critical information for the treatment and outcome of the patient. Literally, a life or death decision must be made if vaccination status is unknown. (Please see the attached state regulations from the Massachusetts Department of Public Health). These examples represent the tip of the iceberg regarding the potential impacts on public health. The other by-law that Mr. Ratner wants to change is the ability to open a veterinary facility in all business and industrial zones. Before his need arose, there was no desire by the town to make any changes in the zoning by-laws. In fact there are already 2 veterinary hospitals in the small town of Agawam that have made a commitment to this community, have paid taxes for over 20 years, have veterinary medicine as their sole source of income, and have followed the current by-laws as required. Although Dave Ratner would benefit from a by-law change, the town would not increase it's tax base, nor would any new services not already available to the community be provided by this Zone change. It doesn't make any sense to add one business to the detriment of two businesses that have supported this community for over two decades. I believe that the town should make a change in a by-law only after a comprehensive assessment related to a long range plan based on the needs and safety of the entire community, not just on the interests of a single non-resident. • • If you would like to discuss in further detail any of the other risks to public health and safety that this type of by-law change could cause, please feel free to contact me at 786-8828. Sincerely, tt::" . j),.4?-L~ Dr. Richard Vincunas • • Massachusetts Department of Public Health Bureau of Co muni cable Disease Control Rabies Management of Dogs and Cats exposed to Wildlife (Raccoon, Skunk, Fox chuck, or any carnivorous wild animal) Exposure Category Direct contact with Visible bite from Con finned rabid Animal (includes viscera) Direct contact with or visible bite from suspect rabid animal, including eating visera (suspect rabid animal unavailable for testing) Wound of unknown Origin, suspected to Be caused by scratch/ Bite (e.g. cat abscesses) If dog or cat current I vaccinated I. Booster immediately' 2. Notify local director of health and local animal control officer 3. Strict confinement with regu lar veterinary observation for 3 months I. Booster immediately' 2. Notify local director of health and local animal control officer 3. Strict confinement for 3 months I. Booster immediately' 2. Close observation by owner for 3 months If dog or cat NOT cllrrentl Vaccinated I. Euthanize, or 2. If owner unwilling: a. notify local director of health and animal eating control official b. Isolate 3 months and then strict confinement for 3 more months, with regular observations by a veterinarian, throughout I. Euthanize, or 2.lf owner unwilling: a. notify local director of health and animal control official b. Strict confinement for 6 months, with regular observation by a veterinarian, throughout c. Vaccinate I month before release I. Ellthan ize, or 2. If owner unwilling: a. notify local director of health and animal control official b. Strict confinement for 6 months, with regular observation by a veterinarian, throughout c. Vaccinate I month before release I. Always wear gloves when handeling saliva, contaminated wounds, or fur 2. Always advise owner of rabies risk 3. Always record any potential rabies contact cases treated at YOllr office, and track those who had contact with the animal 4. Veterinary boarding expences are the owner's responsibility • If the most recent rabies vaccination was given within I month, it is not necessary to vaccinate • Feeding Hills Animal Hospital 1194 Springfield Street Feeding Hills, MA 0 I 030-2119 . 413-786-8828 • NOTICE OF POSSIBLE EXPOSURE TO RABIES AND ORDER <std-date> Your pet mat have been exposed to rabies as a result of recent exposure to wildlife or a high-risk domestic animal. If your animal is unvaccinated, you are strongly urged to have it euthanized (unless animal was only exposed by proximity). If you do not, you are hereby ordered to: Recommend euthanasia ___ Refused by owner Isolate your pet for 3 months, followed by 3 months of strict confinement, and vaccinate the animal I month prior to release. Strictly confine your pet for 6 months, and vaccinate the animal I month prior to release. Vaccinate your pet immediately and closely observe the animal for 6 month, revaccinate at 12 months. If your animal is currently vaccinated, you are hereby ordered to: Vaccinate your pet immediately followed by 3 months of strict confinement. Vaccinate your pet immediately and closely observe the animal for 3 months. You are to inform your veterinarian immediately of any unusual behavior or change in the health status of this animal. Name of Owner: <first-name> <last-name> Telephone Number: <area> -<phone> Street Address: <address> City: <city> State: <st> Zip Code: <zip> Type of Animal: <species> Name of Animal: <animal> Sex: <sex> Breed: <breed> Color: <color> Age: <age> Date oflast rabies vaccination (prior to exposure): ____________________ _ Date of vaccination post exposure: _____ -,-_______ -,-____________ _ Vaccination duration: __ I year __ 3 year unknown Date of order of quarantine: -, ________ (Please attach order of quarantine) Name of Veterinarian: <serv-doctomame> Name of Animal Inspector: ____________________________ _ Signature of Animal Inspector: ___________________________ _ Date: ___________ _ See other sheet for explanation of Close Observation, Strict confinement, Isolation, and Quarantine. I hereby certify that I have read both documents and I agree to follow the provisions described in it. Signature of owner or other responsible person Refused to sign. Animal Inspector please initial of not signed. i • Town of Agawam . 36 Main Street Agawam, Massachusetts 01001-1837 .' Tel~ 413-786-0400 Fax 413.-786-9927 MEMO TO: Building Inspector Safety Officer Fire Department Health Department Conservation Commission Engineering DepartmentlDPW Board of Appeals . School Committee Assessors FROM: . Planning Board -y:;.? DATE: February 23,2009· SUBJECT: Proposed Zoning Amendment -Animal Hospitals The Planning Board has been requested by the Town Council to make a recommendation on a proposed zoning amendment governing the issuance of Special Permits for Animal Hospitals. The Planning Board 'will be holding its public hearing on this proposal on Th1,lrsday, March 5, 2009. We would appreciate any comments you may have prior to thIs hearing. Sincerel;)£,-J iJ ~-tJ~ Travis Ward, Chairman AGAWAM PLANNING BOARD Sandra A. Gentile 684 Barry Street Feeding Hills, MA 01030 David Veilleux 72 Vasar Drive Feeding Hills, MA 01030 Jeffrey Oakes 112 Glendale Road Agawam, MA 01001 Mariann Kinney 227 South Street Agawam MA 01001 Tammy Gentile 555 North West Street Feeding Hills, MA 01030 Richard Theroux 30 Ley Street Agawam, MA 01001 • Nan Gaudetto 29 Pomeroy Street Agawam, MA 01001 Lou Clement 55 Garden Street Feeding Hills, MA 01030 Sharon Stratton 282 Silver Street Agawam, MA 0 I 00 I Carol Swenor 100 Pheasant Hill Drive Feeding Hills MA 01030 Frank Gentile 684 Barry Street Feeding Hills, MA 01030 • Debra Samelli 7 Beverly Lane Agawam, MA 01001 Jane Thomas 44 Sheri Lane Agawam, MA 01001 Raymond Kinney 227 South Street Agawam, MA 0 I 00 I Andy Gentile 555 North West Street Feeding Hills, MA 0 I 030 Cynthia Marshall 41 Lealand Avenue Agawam, MA 01001 • LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, March 5, 2009 at 7:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition ofthe Agawam Planning Board on a proposed zoning amendment to Section 180- 12 of the Agawam Zoning Ordinance regarding the issuance of Special Permits for Animal Hospitals. The proposed amendment reads as follows: "A special permit may be granted for an animal hospital, but only in Business A, Business B, Industrial A and Industrial B Districts and with the additional requirement that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." A copy of the proposal can be obtained from the Agawam Planning Office between the hours of8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Travis Ward, Chairman Agawam Planning Board (Ad to be run 2119/09 & 2/26/09) cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Department of Housing & Community Development, Boston • Town of Agawam Interoffice Memorandum To: CC: From: Date: Subject: Town Council Richard M. Theroux, T.own Clerk 2/23/09 Petition for proposed zoning amendment· I received this petition on Feb. 20, 2009. There are 16 certified signatures. FROM THE DESK OF ... TOWN CLERK'S OFFICE TOWN OF AGAWAM 36 MAIN ST AGAWAM, MA 01001 clerk@agawam.ma.us 413-786-0400 X 215 Fax: 413-786-9927 • TOWN OF AGAWAM Fax 1d1319i Feb 20 2009 12;25pm P002/003 4PDI1-it)t/ OF l/G1E"Rllfll~Y CLiti/c Il-r DAve. 's) /51 6Pp-INfrFi£.L.D.51-..J flGIIUJltm, mit In confonnance with Mass. General Laws Chapter 40A, Section 5, the following registered voters of the Town of Agawam submit the attached proposed zoning amendment: ·v3wV\t1&M ~/~~ . p b( f\{Sa=r:llz \J ~',ll 5S-., N 0, ~h ll-ks f--":>\-E. \J I'\().H , . 'iSs-\--l Of ~~ we $. f ~ t fJl Mil. <;'s 1~:F;Wd 0281:160 6?l-f;~ CI--L ~ 1-/ I I.{().lflild AIJ.L 1'444f1\: . TOWN OF AGAWAM Fax 14137869927 • TOR-09-'. AN ORDINANCE AMENDING SECTION 180-12 OF THE CODE OF THE TOWN OF AGAWAM GOVERNING THE ISSUANCE OF SPECIAL PERMITS FOR ANIMAL HOSPITALS Feb 20 2009 12:25pm P003/003 WHEREAS, SectiDn 180-12 Df the Code of the Town of Agawam currently provides that: "A special permit may be granted for an animal hospital, but only in Business A and Business B Districts and with the additional requirements that animal hospitals shall be separate buildings in themselves and that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject tD any other cDnditiDns and safeguards as are prescribed by the Board Df Appeals." WHEREAS, Dave's Soda and Pet City is desirous of adding a veterinary clinic at its new store on Springfield Street in Agawam; .. WHEREAS, it is in the best interests of the Town of Agawam tD modify the existing town ordinance relative to animal hospitals to allow animal hospitals 'in business and industrial distriels and to remove the requirement that animal hospitals be in separate buildings; and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the tollowing change be made to Chapter 180 of the Code of the Town of Agawam: 1. §180-12 entitled "Special.Permit for Animal Hospital" is hereby amended to read as follows: "A special permit may be granted for an animal hospital, but only in Business A, Business B, Industrial A and Industrial B Districts and with the additional requirement that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY ~ nson, City Solicitor IIJ :£ f-~d 0283.:160 'SS'1H 'H'1MV:)" ::11 .,' Vl 'n!:!ll ~,l ,~I"" 02/20/2009 15:36 14137892523 DAVES PAGE 01/03 Feb 20 2009 12:25pm PO02/DOl ~ . . .... • TOWN OF AIlII'lAM Fax 14131B. 41J:Df1-iurJ OF [k-r£RI,(flRY CLirl/c /l...,.- UVe. 's) /51 SPRI~6-F;E.LD G" IlGl/uMm, rnA In confonnancc with Mass. Genera! Laws Chapter 40A, Section 5, the following registc=i voters of the ToWll of Agawam submit the attached proposed zoning amendmc;nt: SW\t\Q~ ~pJdnIA1v c., dYujt< l!J0A.AbJ U 5S""S-N ad h. ()J.Rsf= st-F-\J, f'\4.S{_ 'irs-"'Of {-I-..~es 1: ~ t f)~. MlI<;'s ~N~Cj-L~' q I iuu./J.l)d ,4w.. t1iAA4m.... . ~2/2~/2~~9 15:36 DAVES TOWN OF AGAfAM Fax 1413186. TOR-09· AN ORDINANCE AMENDING SECTION 180-12 OF THE CODE OF THE TOWN OF AGAWAM GOVERNING THe: ISSUANCE OF SPECIAL PERMITS FOR ANIMAL HOSPITALS PAGE ~2/~3 Feb 20 2009 1Z:25pm PO03/003 WHEREAS, Section 180·12 of the Code of the Town of Agawam currently provides that; "A spedal permit may be granted for an animal hospital, but only in Business A and Business 8 Districts and with the additional requirements that animal hospitals shall be sepa(E;Jie buildings in themselves and that no animals shall be kept out of the building in cages, runs, kennels or yards: A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals.' WHEREAS, Dave's Soda and Pet City is desirous of adding a veterinary clinic at its new store on Springfield Street in Agawam; WHEREAS, it is in the best interests of the Town of Agawam to modify the existing town ordinance relatille to animal hospitals to allow animal hospitals in business and indUstrial districts and to remove the requirement that animal hospitals be if! separate buildings; and NOW THEREFORE. BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following change be made to Chapter 180 of the Code of the Town of Agawam: 1. §180-12 entitled "Special .Permit for Anlm:!\1 Hospital" is hereby amended to read as follows: 'A special permit may be granted for an animal hospital, but only in Business A, Business B, Industrial A and Industrial B Districts and with the additional requirement that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other condItions and safeguards as are prescribed by the Board of Appeals,' PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO F3 LEGALITY 02/20/2009 15:35 DAVES TO'IN OF AGAliAII Fa. 1d137889. TOR-09- AN ORDINANCE AMENDING SECTION 180-12 OF THE CODE OF THE TOWN OF AGAWAM GOVERNING THE ISSUANCE OF SPECIAL PERMITS FOR ANIMAL HOSPITALS PAGE 03/03 Feb 20 2009 12:25pm POOl/OOl WHEREAS, Section 180·12 of the Code of the Town of Agawam currently provides that: "A special permit may be granted for an animal hospital, but only in Business A and Business 8 Districts and iNith the additional requirements that animal hospitals shall be separate buildings in themselves and thet no animals shall be kept auf of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals: WHEREAS. Dave's Soda and Pet City is desirous of adding a veterinary cfinic at its new store on Springfield Street in Agawam; WHEREAS, it is in the best interests of the Town of Agawam 10 modify the existing town ominance relative to animal hospitals to allow animal hospitals in bUSiness and industrial districts and to remove the requirement that animal hospitals be in separate buildings; and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following change be made to Chapter 180 of the Code of the Town of Agawam: 1. §1S0-12 entitled "Special.Permit for Animal Hospital" is hereby amendad to read as follows: 'A special permit may be granted for an animal hospital, but only in Business A, Business B, Industrial A and Industrial B Districts and with the additional requirement that no animals shalJ be kept out of the building In cages, runs, kennels or yards. A spedal permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY ~