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
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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:
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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, .
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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
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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:.' "
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"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
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. ."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
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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.