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•
INTEROFFICE MEMORANDUM
TO:
FROM:
COUNCIL PRESIDENT DON RHEAULT
COUNCILOR GEORGE BITZAS
SUBJECT: OUTDOOR DINING TOR-2011-3
DATE: AUGUST 31, 2011
After last evening's Zoning & Ordinance Workshop regarding the outdoor
dining ordinance currently tabled before the City Council, I am hereby
requesting that the current legislation that I sponsored (TOR-2011-3) be
withdrawn from the City Council Agenda. I am directing our Law Department
to begin drafting a new ordinance based on the input received from members of
boards, commissions and councilors present at this workshop.
I will continue to do my best to help our restaurants in Agawam with respect to
outdoor dining while looking out for the best interests of our residents. Thank
you.
cc: Full Council
Mayor
Solicitor
Planning •
Health Director
Building Inspector
Fire Chief
Police Chief
• •
INTEROFFICE MEMORANDUM
TO: CITY COUNCIL
FROM: COUNCILOR GEORGE BlTZAS
SUBJECT: OUTDOOR DINING TOR-2011-3
DATE: SEPTEMBER 1, 2011
I wanted to clal:ify the reasons why I withdrew my Outdoor Dining Ordinance.
I met with the City Solicitor the morning after the Zoning & Ordinance
Workshop to discuss amending the above-referenced ordinance to ensure that
proper language was utilized. Accordingly, I was told that by law this ordinance
should not be amended and should be withdrawn. He suggested starting from
the beginning and re-writing a new ordinance. I requested that he put this in
writing and I am attaching that information for your convenience. His email
should provide an explanation of his legal opinion.
If you have any questions regarding this issue, please call the City Solicitor or as
always you can contact me.
cc: Mayor
Solicitor
Planning
Health Director
Building Inspector
Fire Chief
Police Chief
• Withdrawl of Zoning Proposal
From: Vince Gioscia <solicitor@agawlmunaus>
~u~ect Wrthdraw! of Zoning Proposal
To: , <GEP50@c0mcast.net>
Councilor Bitzas:
•
Wed, Aug 3 1,201 I 06:53 PM
The item should be withdrawn so that there is sufficient time to draft the new ordinance. The
new ordinance may be substantially different from the ordinance currently on the counol
docket, as such it would require resubmission to the Planning Board. The process for drafting an
ordinance requires various town departments to review and have sufficient time to comment
upon the ordinance. Also, the coundl must hold a public hearing within 65 .days after the zoning
proposal has been submitted to the Planning Board. The dr.ifting and review.process may take
longer than that. Furthermore, the new ordinance would ·have to be submittE!d to the Planning
Board for review as the "changes" would fundamentally alter the ordinance enough to warrant a
new hearing and review by the Planning Board. Amending the current ordinance would not
allow for the needed public hearings to be held by the Planning Board to seek comment from
interest parties before the Planning Board.
Therefore, because of the nature of the.requested changes involved in redrafting the ordinance
the amendment process is insufficient.'~lf the identity·Ot the zoning proposal is utterly changed
by an attempted amendment by Town Meeting, the Planning Board must hold a new public
hearing and submit a new report. Fish v. Canton, 322 Mass. 219 (1948). In my opinion any
amendment to address the concerns of the working group that met on August 30, 2011 would
radically and fundamentally depart from the original proposal. Therefore, it is my opinion that
the matter be withdrawn and a new ordinance submitted for consideration after the drafting
'Process is complete.
vmcent F. Giosda, Esq.
aty SoIiciIDr, ToWn of Agawam
36 Main Street
AgaWam, MA 01001
413-'786-0400 Ext. 281
, • •
INTEROFFICE MEMORANDUM
TO: MAYOR RICHARD COHEN, VlNCE GIOSCIA, LT. ERIC
GILLIS, NICK URBINATI, RANDY WHITE, DEBBIE
DACHOS
FROM: COUNCILOR GEORGE BITZAS
SUBJECT: OUTDOOR DINING
DATE: AUGUST 1 S, 2011
On Tuesday, August 30, 2011, the Zoning Review and Ordinance Committees
are holding a workshop with members of the Planning Board regarding the
Outdoor Dining Ordinance. As sponsor of this Ordinance, I am respectfully
requesting your attendance at this workshop as your input would be greatly
appreciated.
For your convenience, I am including a copy of the meeting notice as well as a
copy of a recent memo sent to the Planning Board with respect to this
workshop.
·.
PRESIDENT
Donald M Rheault
VICE PRESIDENT
Robert E. Rossi
COUNCILORS
George Bitzas
James P. Cichetti
Gina M Letellier
Robert A. Magovern
Jill S. Messick
Joseph Mineo
Dennis J Perry
Jill P. Simpson
John F. Walsh
ADMINISTRA TlVE
ASSISTANT
Barbara A, Bard
TELEPHONE
(413) 786-0400 Ext 233
FAX
(413) 786-9927
EMAIL
bbard@agawam.ma,us
• • AGA W AM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
NOTICE OF MEETING
PLEASE BE ADVISED THAT THERE WILL BE A JOINT
ZONING & ORDINANCE SUB-COMMITTEE WORKSHOP WITH
THE PLANNING BOARD, ON TUESDAY, AUGUST 30, 2011, AT
6:00pm, IN THE COMMUNITY ROOM AT THE AGAWAM
PUBLIC LIBRARY, 750 COOPER STREET, AGAWAM, MA.
1.
2,
AGENDA
Discussion of TOR-20I 1-3 -An Ordinance to Adopting the Outdoor
Dining Amendment to the Code of the Town of Agawam,
Any other business that may legally come before the Committee,
Cc: Committee Members Bitzas, Rossi, Cichetti and Letellier
Full Council
Mayor
City Solicitor
Planning Board
Nick Urbinati
Debbie Dachos
• •
INTEROFFICE MEMORANDUM
TO: PLANNING BOARD
FROM: COUNCILOR GEORGE BITZAS
SUBJECT: OUTDOOR DINING
DATE: AUGUST 11,2011
Attached please find copies of emails from some of the surrounding
communities with respect to their outdoor dining process. For your
convenience, I have also included a copy of the eleven restrictions within the
proposed outdoor dining ordinance which are there to protect the
neighborhoods as well as the safety of its residents.
This information may help to answer some of your questions or concerns during
our August 30th workshop. I encourage you to contact area communities
regarding their process of allowing outdoor dining. As always, I am available to
answer any additional questions you may have. Thank you.
cc: Zoning Review & Ordinance Sub-Committees
Full Council
Mayor
Solicitor
Debbie Dachos
Nick Urbinati
• •
Barbara -Our DPW has a permit fix outdoor tables and chairs. Tfthe licensee has a
liquor license and wants to serve alcohol at the outdoor tables and chairs, they must apply
for Alteration of Premises with me to put the application before the Northampton License
Commission and ABCC.
No, DPW does the outdoor tables and chairs permits. I facilitate the application of the
licensee if they wish to serve their alcohol (assuming they already have a liquor license
on premise).
Mary L. Midura, Executive Secretary
NorthumplO1l. AlA City Council & License Commission
210 Main Street
Northampton, MA 0 I 060
413-587-1210
413-587-1264 fax
From: barbara bard [mailto:BBard@agawam.ma.us]
Sent: Tuesday, August 09, 2011 2:28 PM
To: Pettazzoni, Susan
SUbject: outside dining
Barbara,
Here is the information that you asked for ... .r hope this will help!
Our Zoning Ordinance does not restrict outdoor dining. There is no difference between
outdoor seating and outdoor dining. The License Commission issues the permit;
however, the requests follow a procedure that goes through the Planning Board.
If you need further information, please feel free to contact me. And please give my
regards to Councilor Bitzas.
Thank you
Suse
The Health Dept. does not issue permits for outside dining. The licensing dept. would issue a
special permit on a case by case basis, primarily if there is any alcohol serving/consumption. If it
is held at a food establishment, there need not be a penn it. Hope that helps.
Marie Graves
Project Director
City of Springfield Department of Health and Human Services
95 State Street, Suite 201
Springfield, MA 01103
PH: 413-787-6718
, • •
Chapter 180 § ISO-44(R) shall be amended as follows:
3.
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
Outdoor dining areas shall be allowed as a use to a restaurant, subject to the issuance of a permit by
the Building Inspector and subject to the following conditions:
Compliance with the Code of the Town of Agawam, including the Zoning Ordinances, the
Building Code of the Commonwealth of Massachusetts, the Fire Code of the Commonwealth of
Massachusetts, and all applicable state and federal statutes is mandatory.
Compliance with the Massachusetts Department of Public Health State Sanitary Code for Food
Establishment (I 05 CMR 590.) shall be mandatory.
Alcohol may be served to and consumed by patrons in outdoor dining areas, provided that all
necessary licenses are acquired. These licenses are to be gathered through the Liquor Commission,
the Building Department and the Board of Health.
The hours of operation of outdoor dining areas may be equal to or less than the hours of operation
of the main restaurant. Dining areas which abut residential areas and residential zones must end
outdoor dining and seating activities by I I pm.
The outdoor dining area shall not encroach upon the front, side and rear yard setback areas or
public ways.
Outdoor dining areas shall meet all Architectural Access Board, state and federal ADA
requirements and be in compliance with the Massachusetts Plumbing Code.
Any heaters used outside must be positioned and a rov db' .
deSIgnee. These heaters will be inspect d Il pp e y the Agawam FITe Ch,ef and/or their
parameters. When tanks are installed in ~ annuab
y to ensur~ they .are functioning within proper
provided. These physical barriers shall c e~s:u it~~ to vehIcular Impact, physical barriers shall be
similar barriers. onslS 0 a y columns, substantial pipes, bollards or
Public address systems or other systems intended to co
amplified sound shall be prohibited' ho . nvey verbal messages through the use of
conformance with Agawam Code Chap~eVt;i m§~~'lc ~ay be allowed at a reasonable volume and
required; er -and M.G.L. Chapter 40 §21 cl. 22 is
Animals shall not be permitted within outdoo d' . r mmg areas, except for service animals.
A site plan in conformance with Chapter J 80-J 3 must b' .
of a permit by the Building Inspector. e submItted for approval pnor to issuance
All outdoor areas shall have a prot t' b' .
Physical barriers shall consist of l~~/~:lu:er atamtanst pOltemial vehicular and pedestrian traffic.
s, su s tla pIpes, bollards or similar barriers.
PRESIDENT
Donald M. Rheault
VICE PRESIDENT
Robert E. Rossi
COUNCILORS
George Bitzas
James P. Cichetti
Gina M. Letellier
Robert A. Magovern
Jill S. Messick
Joseph Mineo
Dennis J Perry
Jill P. Simpson
John F. Walsh
ADMINISTRATIVE
ASSISTANT
Barbara A. Bard
TELEPHONE
(413) 786-0400 Exl. 233
FAX
(413)786-9927
EMAIL
bbard@agcrwam.ma.us
• .0 AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
NOTICE OF MEETING
PLEASE BE ADVISED THAT THERE WILL' BE A JOINT
ZONING & ORDINANCE SUB-COMMITTEE WORKSHOP WITH
THE PLANNING BOARD, ON TUESDAY, AUGUST 30, 2011, AT
6:00pm, IN THE COMMUNITY ROOM AT THE AGAWAM
PUBLIC LIBRARY, 750 COOPER STREET, AGAWAM, MA.
1.
2.
AGENDA
Discussion of TOR-2011-3 -An Ordinance to Adopting the Outdoor
Dining Amendment to the Code ofthe Town of Agawam.
Any other business that may legally come before the Committee.
~d=a·~ Ro ert A. Magovem, Cll"
Cc: Committee Members Bitzas, Rossi, Cichetti and Letellier
Full Council.
Mayor
City Solicitor
Planning Board
Nick Urbinati
Debbie Dachos
, • •
INTEROFFICE MEMORANDUM
TO: PLANNING BOARD
FROM: COUNCILOR GEORGE BITZAS
SUBJECT: OUTDOOR DINING
DATE: AUGUST 11,2011
Attached please find copies of emails from some of the surrounding
communities with respect to their outdoor dining process. For your
convenience, I have also included a copy of the eleven restrictions within the
proposed outdoor dining ordinance which are there to protect the
neighborhoods as well as the safety of its residents.
This information may help to answer some of your questions or concerns during
our August 30th workshop. I encourage you to contact area communities
regarding their process of allowing outdoor dining. As always, I am available to
answer any additional questions you may have. Thank you.
cc: Zoning Review & Ordinance Sub-Committees
Full Council
Mayor
Solicitor
Debbie Dachos
Nick Urbinati
• •
Barbara -Our DPW has a pennit for outdoor tables and chairs. If the licensee has a
liquor license and wants to serve alcohol at the outdoor tables and chairs, they must apply
for Alteration of Premises with me to put the application before the Northampton License
Commission and ABCC.
No, DPW does the outdoor tables and chairs pennits. I facilitate the application of the
licensee if they wish to serve their alcohol (assuming they already have a liquor license
on premise).
Mary L. Midura, Executive Secretary
Northamptoll. MA Cit)' Council & License ('ommi.l·sinn
210 Main Street
Northampton, MA 01060
413-587-1210
413-587 -1264 fax
From: barbara bard [mailto:BBard@agawam.ma.usj
Sent: Tuesday, August 09, 2011 2:28 PM
To: Pettazzoni, Susan
Subject: outside dining
Barbara,
Here is the infonnation that you asked for ... J hope this will help!
Our Zoning Ordinance does not restrict outdoor dining. There is no difference between
outdoor seating and outdoor dining. The License Commission issues the pennit;
however, the requests follow a procedure that goes through the Planning Board.
If you need further information, please feel free to contact me. And please give my
regards to Councilor Bitzas.
Thank you
Suse
The Health Dept. does not issue permits for outside dining. The licensing dept. would issue a
special permit on a case by case baSiS, primarily if there is any alcohol serving/oonsumption. If it
is held at a food establishment, there need not be a permit. Hope that helps.
\arie Graves
'ect Director
·f Springfield Department of Health and Human Services
.~ Street, Suite 201
Id, MA 01103
787-6718
,
• •
Chapter 180 § I 80-44(H) shall be amended as follows:
3. Outdoor dining areas shall be allowed as a use to a restaurant, subject to the issuance of a permit by
the Building Inspector and subject to the following conditions:
a) Compliance with the Code of the Town of Agawam, including the Zoning Ordinances, the
Building Code of the Commonwealth of Massachusetts, the Fire Code of the Commonwealth of
Massachusetts, and aH applicable state and federal statutes is mandatory.
b) Compliance with the Massachusetts Department of Public Health State Sanitary Code for Food
Establishment (I05 CMR 590.) shaH be mandatory.
c) Alcohol may be served to and consumed by patrons in outdoor dining areas, provided that all
necessary licenses are acquired. These licenses are to be gathered through the Liquor Commission,
the Building Department and the Board of Health.
d) The hours of operation of outdoor dining areas may be equal to or less than the hours of operation
of the main restaurant. Dining areas which abut residential areas and residential zones must end
outdoor dining and seating activities by Ilpm.
e) The outdoor dining area shall not encroach upon the front, side and rear yard setback areas or
public ways.
f) Outdoor dining areas shall meet all Architectural Access Board, state and federal ADA
requirements and be in compliance with the Massachusetts Plumbing Code.
g) Any heaters used outside must be positioned and a rove '.
deSignee. These heaters will be inspected all pp d by the Agawam Fire Chief andlor their
parameters. When tanks are installed in ar annu bY to ensur~ they .are functioning within proper
provided. These physical barriers shall co:~s tSU /t~~ to vlehlcular Impact, physical barriers shall be
similar barriers. SIS 0 a y co umns, substantial pipes, bollards or
h) Public address systems or other systems intended to c
amplified sound shall be prohibited' h . onvey verbal messages through the use of
conformance with Agawam Code Cha~:~Vt;'1 m§~~lt ~aYdbe allowed at a reasonable volume and
required; -an M.O.L. Chapter 40 §21 cl. 22 is
i) Animals shall not be permitted within outdoo d' . r mmg areas, except for service animals.
j) A site plan in conformance with Chapter 180-13 mu b .
of a permit by the Building Inspector. st e submitted for approval prior to issuance
k) All o.utdoor areas shall have a protective barrier acrai '. .
PhYSical barriers shall consist of lally 1 °b nst pote?tIal vehicular and pedestrian traffic.
co umns, su stanhal pipes, ballards or similar barriers.
• •
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
July 22, 2011
Donald M. Rheault, President
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilor Rheault:
--~
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~
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c.)
~ ~
At its duly called meeting held on July 21, 2011, the Agawam Planning Board voted 4-0
to send a negative recommendation to the Town Council concerning TOR-2011-3, a
proposed amendment to the Agawam Zoning Ordinance allowing outdoor dining. The
Planning Board is fully in favor of outdoor dining in Agawam. The Board, however, is
concerned that by allowing the use by right it will not fully protect abutters to such uses.
In conducting research, the Board has found that other communities that allow outdoor
dining do so through the Special Permit process. The Special Permit process will not
only provide more flexibility when reviewing outdoor dining proposals, but will also
provide the permit granting authority with a more legally defensible position. Since each
restaurant has its own specific set of conditions (i.e., size, location, and available space)
they should be evaluated individually and permits should be tailored to each individual
location.
Again, the Board wishes to emphasize that it supports efforts to promote outdoor dining
in Agawam. The Board only recommends that by using the Special Permit process, the
Town will be better able to ensure that each unique situation can be more adequately
addressed.
Sincerely,
7.-1. ~ -p tC)1-I..,..c IH6
Travis P. Ward, Chairman
Agawam Planning Board
l>
C> l> ~ ~::1" l>C) ;Er-l>,." ::1";:1] • :x ::1"-l>(/)
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• (
Memorandum
To: Planning Board
CC: Chief Robert Campbell
From: Sergeant Richard Niles
Subject: Proposed Zoning Amendment -Outdoor Dining -Town Council
Date: June 24,2011
Of concern is an alcoholic beverage leaving the outdoor dining area containment zone,
Section 3 k states "all outdoor areas shall have a protective barrier against potential
vehicular and pedestrian traffic Physical barriers shall consist of lally columns.
substantial pipes. bollards or similar barriers", A concern would be alcoholic beverages
being passed over, through, and lor under such barriers,
Respectfully Submitted
~.~.~
Sergeant Richard ;-.Jiles
Safety Officer
Agawam Police Department
r
Lt. Eric Gill'
•
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
•
The Agawam Planning Board will hold a public hearing on Thursday, July 21, 2011 at 7:00 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 180-44H of the Agawam Zoning Ordinance regarding outdoor dining. A copy of the
proposal can be obtained from the Agawam Planning Office between the hours of 8:30 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 717111 & 7/14/11)
cc: Planning Boards in:
Westfield
West Springfield
Suffield
Southwick
Springfield
Pioneer Valley Planning Commission
Department of Housing & Community Development, Boston
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• •
INTEROFFICE MEMORANDUM
TO: PLANNING BOARD
FROM: COUNCILOR GEORGE BITZAS
SUBJECT: TOR-2011-3 (OUTDOOR DINING ORDINANCE)
DATE: 6/28/2011
I am unable to attend Thursday's Planning Board public hearing on the Outdoor
Dining Amendment due to a work conflict. I would like to reiterate that this
ordinance is in the best interests of the Town of Agawam and it benefits
businesses and future businesses interested in corning to our town.
Attached please find copies of the minutes from recent Zoning & Ordinance
meetings regarding this item. As you can see, both sub-committees
recommended sending a positive recommendation to the Full Council for
passage of this Ordinance.
I'd like to thank all the members of the Planning Board for holding this special
meeting, it is gready appreciated. I truly believe this ordinance will benefit the
residents of our town.
If you need additional information from me prior to your meeting, please do not
hesitate to contact me. Thank you again.
cc: Full Council, Mayor, Solicitor, Debbie Dachos
•
• •
MINUTES OF THE ORDINANCE SUB-COMMITTEE MEETING
Present:
JUNE 16,2011
Robert Magovern -Chair
James Cichetti
Gina Letellier
Also in attendance: Louis Russo and Henry Kozloski
Called to Order: 4:05pm in the Peirce Room at the Agawam Public Library
Item 1. TOR-201l-3 -An Ordinance Adopting the Outdoor Dining
Amendment to the Code of the Town of Agawam.
Discussion was had and a motion was made and seconded to send a positive
recommendation to the Full Council.
Item 2. TOR-201l-4 -An Ordinance To Amend the Code of the Town of
Agawam Article XIV, Chapter 180 §94 Entitled "Personal Wireless
Services, Facilities and Towers"
The petitioner has requested a continuance of the public hearing until the first meeting in
September, therefore we tabled this matter until August.
Item 3. TR-201l-35 - A Resolution to Revoke Massachusetts General Laws
Chapter 44B, Sections 3 through and including 7 of the Community
Preservation Act
Chairman Magovern read the Agenda item. Councilor Letellier spoke against this as did
Councilor Magovern. Councilor Cichetti stated that after doing more research that he
was against this item moving forward. Henry Kozloski spoke regarding a
reimbursement. The life of the program is $3.1 million. The interest we receive from
this money is unused too. The open classroom is at50/50 because it was put in motion
prior to the reduction of the percentage reimbursement. The bill HB765/HB 1841 will
allow use of rehabilitation and an increase to 75%. We were never guaranteed one
hundred percent.
A Motion was made to send a negative recommendation to the Full Council. The vote
was 3-0 in favor of sending a negative recommendation to the Full Council.
Adjournment: Meeting was adjourned at 4:22pm.
#
Present:
• •
MINUTES OF THE
ZONING REVIEW SUB-COMMITTEE MEETING
Jill Messick -Chair
Robert Rossi
George Bitzas
JUNE 16,2011
Called to Order: 10:IOam in the Auditor's Conference Room in the Town Hall
Item 1. TOR-20Il-3 -An Ordinance Adopting the Outdoor Dining
Amendment to the Code ofthe Town of Agawam.
Councilor Bitzas explained what brought this ordinance about and that there were a
number of restaurants in town who would like to provide outdoor dining to their
customers but cannot under the current zoning. The motion was made by Councilor
Bitzas and seconded by Councilor Rossi to send a positive recommendation to the Full
Council. The vote was 3 -0 in favor of sending a positive recommendation to the Full
Council.
Item 2. TOR-2011-4 -An Ordinance To Amend the Code of the Town of
Agawam Article XIV, Chapter 180 §94 Entitled "Personal Wireless
Services, Facilities and Towers"
Discussion that the Planning Board has not had their public hearing as of yet and that the
sub-committee would prefer to hear their recommendations before making a decision on
this article. Motion was made by Councilor Messick and seconded by Councilor Rossi to
table this item until the Planning Board has met on the issue and held their public hearing
on or about August 5, 20 II. The vote was 3-0 in favor of tabling.
Adjournment: Meeting was adjourned at IO:30am.
• •
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
TO: Building Inspector
FROM:
Town Solicitor
EngineeringlDPW
Safety Officer
Fire Department
Health Department
Conservation Commission
Board of Appeals
School Committee
Assessors
Planning Board V»
MEMO
SUBJECT: Proposed Zoning Amendment -Outdoor Dining -Town Council
DATE: June 17,2011
The TO\\,TI Council has submitted to the Planning Board the attached zoning amendment
regarding outdoor dining. The Board will be holding a public hearing on Thursday, June 30,
2011. Please submit any comments you may have prior to that date.
Sincerely,
/.A~ f? LD~o.A
f;avis P. Ward, Chairman ~
AGAWAM PLANNING BOARD
TW:prk
PRESIDENT
Donald M Rheault
VICE PRESIDENT
Robert E. Rossi
COUNCILORS
George Bitzas
James p, Cichelti
Gina M Letellier
Robert A, Magovern
Jill S, MeSSick
Joseph Mineo
Dennis J Perry
Jill p, Simpson
John F, Walsh
ADMINISTRA TlVE
ASSISTANT
Barbara A, Bard
TELEPHONE
(413) 786·0400 Ext 233
FAX
(413)786.9927
EMAIL
bbard@agffWom,ma,us
• •
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
June 7, 2011
Agawam Planning Board
Town Hall
36 Main Street
Agawam, MA. 01001
Re: TOR·20l1·3 (Outdoor Dining Ordinance)
Dear Planning Board members:
At its regularly scheduled City Council meeting of June 6, 2011, the Agawam City
Council voted 11·0 to become the Petitioner for TOR·2011·3 which is a proposed
Ordinance Adopting the Outdoor Dining Amendment to the Code of the Town of
Agawam, a copy of which is attached hereto.
If you have any questions, please do not hesitate to contact me .
. Sincerely,
@r;w.d ffJ. f;uCLUJ;tOO
Donald M. Rheault, President
Agawam City Council
DMRlbb
cc: Full Council
Mayor
Solicitor
• •
TOR 2011-3
ORDINANCE ADOPTING THE OUTDOOR DINING AMENDMENT
TO THE CODE OF THE TOWN OF AGAWAM
(Sponsored by Councilor George Bilzas)
WHEREAS, the Town of Agawam seeks to inspire a vibrant, unique, and friendly streetscape which
would stimulate the economy and benefit surrounding areas; and
WHEREAS, outdoor dining at existing and future restaurants would be an asset to the Town as such
facilities would contribute to the attractiveness oftbe streetscape and contribute to the stimulation oflocal
businesses; and
WHEREAS, the Code of the Town of Agawam does not expressly allow for outdoor dining; a~
z
c c, c . :z: 1>0
C>, »
WHEREAS, adoption of a provision within the Code of the Town of Agawam would allow locdl ;;~
restaurants to establish outdoor dining areas; N ;rg
J> 3;7
NOW THEREFORE, BE IT RESOLVED that the Agawam City Council hereby adopts an amgndrfi'e;:%
to the Code of the Town of Agawam to expressly allow for outdoor dining areas. ~ ;;
:r r'
Chapter 180 § ISO-44(H) shall be amended as follows:
3. Outdoor dining areas shall be allowed as a use to a restaurant, subject to the issuance of a permit by
the Building Inspector and subject to the following conditions:
a) Compliance with the Code of the Town of Agawam, including the Zoning Ordinances, the
Building Code of the Commonwealth of Massachusetls, the Fire Code of the Commonwealth of
Massachusetts, and all applicable state and federal statutes is mandatory.
b) Compliance with the Massachusetts Dcpartment of Public Health State Sanitary Code for Food
Establishment (l 05 CMR 590.) shall be mandatory.
c) Alcohol may be served to and consumed by patrons in outdoor dining areas, provided that all
necessary licenses are acquired. These licenses are to be gathered through the Liquor Commission.
the Building Department and the Board of Health.
d) The hours of operation of outdoor dining areas may be equal to or less than the hours of operation
of the main restaurant. Dining areas which abut residential areas and residential zones must end
outdoor dining and seating activities by llpm.
e) The outdoor dining area shall not encroach upon the fi'ont, side and rear yard setback areas or
public ways.
f) Outdoor dining areas shall meet all Architectural Access Board, state and federal ADA
requirements and be in compl ianee with the Massachusetts Plumbing Code.
• •
g) Any heaters used outside must be positioned and approved by the Agawam Fire Chiefand/or their
designee. These heaters will be inspected annually to ensure they are functioning within proper
parameters, When tanks are inns-lled in areas subject to vehicul3f im~ physical barriers shall be
provided. These physical barriers shall consist of laUy columns. substantial pipes. bolla.rds or
similar barriers.
h) Public address systems or other systems illtended to convey verbal messages through the use of
amplified sound shall be prohibited; however, music may be allowed at a reasonable volume and
confonnance with Agawam Code Chapter J 21 §121 ~l and M .G.L. Chapter 40 §21 d. 22 is
required.:
i) Animals shall nOl be pennitted within outdoor dining areas. except for ~ervice animals.
j) A site plan in confonnance with Chapter 1 &0-13 musl be submitted for approval prior 10 issuance-
of a permit b~' the Building Inspector.
k) All outdoor areas shall have a proteCtive barrier against potential vehicular and pedestTw.n traffic.
Phys.ical barriers shall consist oflally coiumns, suOstantial pipes, bollards or similar barriers .
Dated thi. _____ day of ___ _ • 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL
o FORM AND LEGALITY
< >
V mcent los<:ia., City Solicitor
•
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, June 30, 2011 at 7:00 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 l80-44H of the Agawam Zoning Ordinance regarding outdoor dining. A copy of the
proposal can be obtained from the Agawam Planning Office between the hours of 8:30 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 6/16/11 & 6/23111)
cc: Planning Boards in:
Westfield
West Springfield
Suffield
Southwick
Springfield
Pioneer Valley Planning Commission
Department of Housing & Community Development, Boston
PRESIDENT
Donald M Rheault
VICE PRESIDENT
Robert E. Rossi
COUNCILORS
George Bitzas
James P. Cichetli
Gina M Letellier
Robert A. Magovern
Jill S Messick
Joseph Mineo
Dennis 1. Perry
Jill P. Simpson
John F. Walsh
ADMINISTRATIVE
ASSISTANT
Barbara A. Bard
TELEPHONE
(413) 786-0400 Ext 233
FAX
(413) 786-9927
EMAIL
bbard@agawam.ma.us
• • AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM,MASSACHUSETTS 01001
June 7, 2011
Agawam Planning Board
Town Hall
36 Main Street
Agawam, MA. 0100 I
Re: TOR-20ll-3 (Outdoor Dining Ordinance)
Dear Planning Board members:
At its regularly scheduled City Council meeting of June 6, 20 II, tbe Agawam City
Council voted 11-0 to become the Petitiouer for TOR-2011-3 which is a proposed
Ordinance Adopting tbe Outdoor Dining Amendment to the Code of tbe Town of
Agawam, a copy of which is attached hereto.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Q(Jf{f()J {t) 6AJJVLltf?J!J
Donald M. Rheault, President
Agawam City Council
DMRlbb
cc: Full Council
Mayor
Solicitor
• • TOR 2011-3
ORDINANCE ADOPTING THE OUTDOOR DINING AMENDMENT
TO THE CODE OF THE TOWN OF AGAWAM
(Sponsored by Councilor George Bilzas)
WHEREAS, the Town of Agawam seeks to inspire a vibrant, unique, and friendly streetscape which
would stimulate the economy and benefit surrounding areas; and
WHEREAS, outdoor dining at existing and future restaurants would be an asset to tbe Town as such
facilities would contribute to the attractiveness of the streetscape and contribute to the stimulation of local
businesses; and ""-co, co :z: WHEREAS, the Code of the Town of Agawam does not expressly allow for outdoor dining; and.. J>n c c>;=
z »'
WHEREAS, adoption of a provision within the Code of the Town of Agawam would allow loc<ll ~~
restaurants to establish outdoor dining areas; N ~~
l> :r'"
NOW THEREFORE, BE IT RESOLVED that the Agawam City Council hereby adopts an all1§nd~~
to the Code of the Town of Agawam to expressly allow for outdoor dining areas. ,.;, ;;
:r r
Chapter 180 § lSO-44(H) shall be amended as follows:
3. Outdoor dining areas shall be allowed as a use to a restaurant, subject to the issuance of a permit by
the Building Inspector and subject to the following conditions:
a) Compliance with the Code of the Town of Agawam, including the Zoning Ordinances, the
Building Code of the Commonwealth of Massachusetts, the Fire Code of the Commonwealth of
Massachusetts, and all applicable state and federal statutes is mandatory.
b) Compliance with the Massachusetts Department of Public Health State Sanitary Code for Food
Establishment (I 05 CMR 590.) shall be mandatory.
c) Alcohol may be served to and consumed by patrons in outdoor dining areas, provided that all
necessary licenses are acquired. These licenses are to be gathered through the Liquor Commission,
the Building Department and the Board of Health.
d) The hours of operation of outdoor dining areas may be equal to or less than the hours of operation
of the main restaurant. Dining areas which abut residential areas and residential zones must end
outdoor dining and seating activities by II pm.
e) The outdoor dining area shall not encroach upon the front, side and rear yard setback areas or
public ways.
f) Outdoor dining areas shall meet all Architectural Access Board, state and federal ADA
requirements and be in compliance with the Massachusetts Plumbing Code.
•
~ ~") u"" ............ ~...:> ..... " .... '-/. V\..l.~"'lU'" lJlU;:''l ~ VV;:,lllUllCU aBU approvea oy tne Agawam rlre Chlet and/or their
designee. The_aters will be inspected annually to ensur. are functioning within proper
parameters. ~anks are installed in areas subject to veh r impact, physical barriers shall be
provided. These physical barriers shall consist of lally columns, substantial pipes, bollards or
similar barriers.
h) Public address systems or other systems intended to convey verbal messages through the use of
amplified sound shall be prohibited; however, music may be allowed at a reasonable volume and
conformance with Agawam Code Chapter 121 § 121-1 and M.G.L. Chapter 40 §21 cl. 22 is
required;
i) Animals shall not be permitted within outdoor dining areas, except for service animals.
j) A site plan in conformance with Chapter 180-13 must be submitted for approval prior to issuance
of a permit by the Building Inspector.
k) All outdoor areas shall have a protective barrier against potential vehicular and pedestrian traffic.
Physical barriers shall consist of lally columns, substantial pipes, bollards or similar barriers.
Dated this ______ d.ay of ______ -', 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault. President, Agawam City Council
tOYED A ° FORM ~ND LEGALITY
Vincent IOscia, City Solicitor
-I
Town of Agawam
Interoffice Memorandum
To:
CC:
From:
Date:
Subject:
Councilor George Bitzas
Mayor Richard A. Cohen, Agawam Planning Board
Deborah S. Dachos, Director Office of Planning and Community
Development
6/3/11
Outdoor Dining Ordinance
At the request of the Law Department, I have worked with the Building Inspector, Police
Department, Health Department, and Fire Department to draft an Outdoor Dining
Amendment to the Agawam Zoning Ordinance. The purpose of the amendment is to
allow outdoor dining at restaurants in conformance with all health, safety, and ADA
requirements, while at the same time protecting the property rights of the abutters.
The draft before the Council incorporates comments and suggestions from this
Department as well as the Departments listed above.
Outdoor dining, when designed properly, is not only an asset to the restaurant, but also
provides a unique and enjoyable dining experience for Agawam residents and other
patrons.
If you have any questions, please do not hesitate to contact me.
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@agawam.ma.us
413-786-0400 X 283
Fax: 413-786-9927