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8607_ZONING AMENDMENT - TOWN COUNCIL - FENCE HEIGHTS.pdf~L--------~~------~19 607-Z0NING AMENDMENT-Town .. < •.••.• , .; Council -fence heights) I • TOR-08-ob • I ~~!LU-L fo/,/09 c0-~<y 1'Mv. ~ h/~ AN ORDINANCE AMENDING SECTION 180-8 B OF THE CODE OF THE TOWN OF AGAWAM GOVERNING THE HEIGHT OF FENCES WITHIN THE SETBACK AREA OF CORNER LOTS (Sponsored by Councilor Jill Simpson) WHEREAS, . Section 180-8 B of the Code of the Town of Agawam currently provides that: "Fence heights shall not exceed four feet on the setback portion of any lot perimeter and shall not exceed 6 1/2 feet in height on the remainder of the lot perimeter. On a lot which is adjacent to a higher zone classification, the fence heights shall conform to the higher classification." WHEREAS, there have been numerous instances in the Town of Agawam where owners of corner lots have requested fence heights in excess of four feet in the setback portion of their lot perimeter for privacy and public safety reasons; WHEREAS, it is in the best interests of the Town of Agawam to modify the existing town ordinance relative to allowed height of fences in the setback portion of the lot perimeter on corner lots to allow fences to exceed four feet in height by special permit only; 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. §180-8 B entitled "Supplementary regulations" is hereby amended by adding the following to the end.of that section: "Notwithstanding the foregoing, fences may be erected by special permit to a height in excess of four feet, but not to exceed six and one-half feet, on the setback portion of any corner lot perimeter only." . PER ORDER OF THE AGAWAM CITY COUNCIL APPROVED AS TO FORM AND LEGAl.ITY Christopher C. J f • • MAYORAL ACTION Received this I 'lo ~ day of ~) ULQ ,2009 from Town Council Clerk. Signed by Council President this _..LI-'>"-J-''--oi!. ____ day of CfLt)<.,.Q, < ,20090 APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as ~ended' I hereby approve the passage of the above legislation on this .2J ~ day of I J K..& ,2009. Susan R. Dawson, 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 _________ ,2009 for the following reason(s): Susan R. Dawson, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this ~ ~ day of CO t.A.J:SQ. ,2009. • •• Town of Agawam , 36 Main Street Agawam, Massachusetts 01001-1837 , ' 'Tel. 413-786-0400 Fax 413-786-9927 May 22,2009 Gina Letellier, President Ceci'lia 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 . Aga}Vam, MA 0 I 00 I Dear Councilors: <:::> <.D :.1': :» .< N 0' '"'" ~ ..,... N .. ' c;-.: -~ ::<::; J>' 3:~ 3:' ::0-. U1 U1 At its duly called meeting held on May 21,,2009, the Agawam Planning Board voted 5-0 to send a positive recommendation to the Town Council with regard to the Zoning Amendment governing the height of fences within the setback area of comer lots. If you have any questions, please contact this offic~ at 786~0400, extension 283 .. Sincerely, . '~~,' , ' ,,' ~s1:> Travis Ward, Chairman AGAWAM PLANNING BOARD cc: Town Clerk, Town Solicitor, File • INTEROFFICE MEMORANDUM TO: PLANNING DEPARTMENT FROM: BARBARA BARD, COUNCIL ADMINISTRATIVE ASST. SUBJECT: TR-2008-6 (FENCE HEIGHTS ON CORNER LOT SETBACKS) DATE: 5/19/2009 During their Monday, May 18, 2009 Regular Council meeting, the City Council voted to be the Petitioner regarding the above-mentioned Resolution. If you have any questions, please feel free to contact this office. • • Town of Agawam , 36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 TO: Building Inspector Town Solicitor EngineeringlDPW Safety Officer ' Fire Department Health Department Conservation Commission Board of Appeals School Coinmittee Assessors FROM: Planning Board MEMO SUBJECT:' Proposed Zoning Amendments -Fence Heights -Town, Council DA TE: September 3, 2008 The Town Council has submitted to the Planning Board the attached 'zoning amendment regarding fence heights', The Board will be holding a public hearing on Thursday, May 21, 2009, Please submit any comments you may have prior to that date" Sincerely, 7 ~ tUuoA. ]:,>!:, ,Travis Ward, Chairman 'AGAWAM PLANNING BOARD TW:prk • • TOR-OS- AN ORDINANCE AMENDING SECTION 1S0-S B OF THE CODE OF THE TOWN OF AGAWAM GOVERNING THE HEIGHT OF FENCES WITHIN THE SETBACK AREA OF CORNER LOTS (Sponsored by Councilor Jill Simpson) WHEREAS,. Section 180-8 B of the Code of the Town of Agawam currently provides that: "Fence heights shall not exceed four feet on the setback portion of any lot perimeter and shall not exceed 6 1/2 feet in height on the remainder of the lot perimeter. On a lot which is adjacent to a higher zone classification, the fence heights shall conform to the higher classification." WHEREAS, there have been numerous instances in the Town of Agawam where owners of corner lots have requested fence heights in excess of four feet in the setback portion of their lot perimeter for privacy and public safety reasons; WHEREAS, it is in the best interests of the Town of Agawam to modify the existing town ordinance relative to allowed height of fences in the setback portion of the lot perimeter on corner lots to allow fences to exceed four feet in height by special permit only; 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-S B entitled "Supplementary regulations" is hereby amended by adding the following to the end of that section: "Notwithstanding the foregoing, fences may be erected by special permit to a height in excess of four feet, but not to exceed six and one-half feet, on the setback portion of any corner lot perimeter only." PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY Christopher C. J • • INTEROFFICE MEMORANDUM' TO: PLANNING DEPARTMENT FROM: GINA M. LETELLIER, COUNCIL PRESIDENT SUBJECT: TOR-2008-6 (ORDINANCE ON FENCE SETBACKS ON CORNER LOTS) DATE: 5/6/2009 Please be advised that the Agawam City Council will be voting to be the petitioner in the above-referenced Agenda item during their May 18, 2009 Council meeting. It is understood that the Planning Board will hold its public hearing on May 21, 2009 and the public hearing with the City Council will be on Monday, June 1 st. If you have any questions, please contact this office. Thank you. Cc: Council Mayor • LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, May 21,2009 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 Town Council on a proposed zoning amendment to Section 180-8B of the Agawam Zoning Ordinance regarding fence heights. 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, Chainnan Agawam Planning Board (Ad to be run 5/7/09 & 5/14/09) cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Department of Housing & Community Development, Boston C> u:> :JI: ::> -< I Ul -u :JI: N a ~ ~ 1>( c,:\- :>2- ~c-: j>r' ~~. . ~ ~ ;;>. .1:.-c: (f)"T ~:-c r • , AGAWAM LAw DEPARTMENT I MEMORANDUM To: Agawam City Council From: Christopher C. Johnson, Solicitor CC: Mayor; Planning Date: April 6, 2009 Re: TOR-08-6 (Zoning Amendment -Fence Heights) It has come to my attention that the above referenced amendment to the town's zoning ordinances was not referred to the Planning Board prior to its adoption by the Council. Massachusetts General Laws Chapter 40A, § 5 requires the planning board to hold a public hearing on any proposed zoning amendment prior to its adoption by the Council. As such, I would recommend that TOR-08-6 be placed back on your agenda and be referred to the Planning Board for a public hearing. I would also suggest that after receipt of the Planning Board recommendation, the Council conduct another public hearing and vote on the item again. Please call with any questions. Christophe . Johnson '~ -Sin u,/J Uf' , ,f'lA) , -~UUL ,J '.t;F J _ , "'.,; ,~ (-/Lf-U.. 7:5109 ,\i\~~\..~~"'~\t5> , . T 8.~.. rQ}4.;! ~~ r,Gi" " ~~.~'RDINANCE AMENDING SEC'" ~ 1l1:6~~ Cl~ j~):I. '2..<-OF THE CODE OF THE TOWN -,' f GOVERNING THE HEIGHT OF F' SETBACK AREA OF ' (Sponsored by COL" WHEREAS, Section 18 r currently provides that: "Fenc portion of any lot perimeter a. remainder of the lot perimeter. • , classification, the fence heights shal, WHEREAS, there have been nurr" where owners of corner lots have requestc. in the setback portion of their lot perimeter for , WHEREAS, it is in the best interests of ihe , existing town ordinance relative to allowed height of 1., of the lot perimeter on corner lots to allow fences to eXL special permit only; and ,-,wam ,our feet .f reasons; ,am to modify the . the setback portion .J four feet in height by 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. §180·8 B entitled "Supplementary regulations" is he~y ,~ amended by adding the following to the end of that section: :: 'I:'~' '. ". :Z:.' " N '. "Notwithstanding the foregoing, fences may be erected by special permit 'to !L •. 1. . height in excess of four feet, but not to exceed six andone·half feet, On)iheif setback portion of any corner lot perimeter only." _ . -:: . , ~~ PER ORDER OF THE AGAWAM CITY SOUNCIL foU~~ :t.etellie, r ident APPROVED AS TO FORM AND LEGALITY Christopher C. oh son, City Solicitor o· -..• (it 1)lAstYi6Ld-t ~~, / rfj CJ~f.'L re" :rn. 0.k Co. -Q.oon. CleJ>k:. ~~~. -;dOuD±o)u -Cw..1 q tt tJ/J -OLA-~. -fV1 ()J.}OW C]j-~J!L (CyJV-IF J:J/ _ . . ,'.<';~ G V--(' r Il.Y-U. 71510 9 111'-';I..'-'''w,S> T 8-~... 0L4..:' 41- . ."J)~'~P-~' ~~.~'RDINANCE AMENDING SECTION 180-8 B ~ll:o~~ j~):\.?.'-OF THE CODE OF THE TOWN OF AGAWAM . 7' I Cllj GOVERNING THE HEIGHT OF FENCES WITHIN THE SETBACK AREA OF CORNER LOTS (Sponsored by Councilor Jill Simpson) WHEREAS, Section 180-8 B of the Code· of the Town of Agawam currently provides that: "Fence heights. shall not exceed four feet on the setback portion of any lot perimeter and shall not exceed 6 1/2 feet in height on the remainder of the lot perimeter. On a lot which is adjacent to a higher zone . classification, the fence heights shall conform to the higher classification." WHEREAS, there have been numerous instances in the Town of Agawam where owners of corner lots have requested fence heights in excess of four feet in the setback portion of their lot perimeter for privacy and public safety reasons; WHEREAS, it is in the best interests of ihe Town of Agawam to modify the existing town ordinance relative to allowed height of fences in the setback portion of the lot perimeter on corner lots to allow fences to exceed four feet in height by special permit only; 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. §180-8 B entitled "Supplementary regulations" is heiefy 1:; amended by adding the following to the end of that section: <= '.11· '-. . >-. . 2: .• ,. "Notwithstanding the foregoing, fences may be erected by special permit rtd al· height in excess of four feet, but not to exceed six and one-half feet, on)ihejf setback portion of any corner lot perimeter only.", . -:-.. !7'i~ PER ORDER OF THE AGAWAM CITY C;OUNCIL jim.~ J k6loy APPROVED AS TO FORM AND LEGALITY Christopher C. oh son, City Solicitor o· -. ... m 1)iAstYi6u.'h ~~'I rfj CJitLCL...~ CL :rQ -0..k CC -Cloon. Clv>fc. ~f:~' -"d ol.1D ±0.Ju -0 dfl 0 p: ()}J -OlA~ ~. MAYORAl, ACTION ,b'C ~ Received this 0 \ -day 0 ~.:.o A 1 ,____ , 2009 from Town Council Clerk. Signed by Council President this c5)O -. day Of~ AI ua b V oJ 2009. APPROVAL OF LEGISLATION. By the powers vested in me pursuant to Article 3, Section 3-6 of the Agaw~harter, as tf'oI, I h_y ""ro~ <he p~_ of <he ,bo," le~""'~ "" ""' .:2 J "'" of Jr111 ahA[ , 2009. '.. . . LCh paumAJ Susan R. Dawson, 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 __________ . ,2009 for the following reason(s): Susan R. Dawson, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK ~~ Returned to Council Clerk this d I day 0 l).f. ,2009.